Borough of South Waverly, PA Administration and Enforcement

No permit shall be issued until the Zoning Officer has certified that the proposed building, addition or alteration complies with all the provisions of this chapter as well as the provisions of all other applicable ordinances.

The Zoning Officer shall act upon a request within 30 days following application.

A permit issued hereunder shall become void 12 months after the issuance date, unless a request for extension has been submitted to and approved by the Zoning Officer. Such request shall be filed with the Zoning Officer at least 30 days prior to the permit expiration date.

Temporary permits. A temporary permit may be authorized by the Zoning Officer for a structure or use which he or she deems necessary to promote the proper development of the community, provided that such nonconforming structure or use shall be completely removed upon expiration of the permit without cost to the Borough. Such permits shall be issued for a specified period of time, not to exceed one year, and may be renewed annually for an aggregate period not exceeding two years.

§ 500-98 Inspection by Zoning Officer.

It shall be the duty of the Zoning Officer, or his duly appointed representative, to make the following minimum number of inspections of property for which a permit has been issued:

At the beginning of construction.

A record shall be made indicating the time and date of inspection and the findings of the Zoning Officer in regard to conformance of the construction with plans submitted with the approved permit application.

If the actual construction does not conform to the application, a written notice of violation shall be issued by the Zoning Officer, and such construction shall be discontinued. Upon proper correction of the violation and receipt of written notice from the Zoning Officer, construction shall proceed.

At the completion of construction. A record shall be made indicating the time and date of the inspection, the findings of the Zoning Officer in regard to conformance to this chapter, and the opinion of the Zoning Officer in regard to the issuance of a certificate of use permit.

§ 500-99 Fees.

The Borough Council shall establish a schedule of fees, charges and expenses, as well as collection procedures, for zoning permits, certificates of occupancy, appeals, variances, special exceptions, amendments, bonds and other matters pertaining to this chapter. The schedule of fees shall be posted in the office of the Zoning Officer and may be amended only by the Borough Council.

Such fees shall be payable to the Borough; and until all applicable fees, charges and expenses have been paid in full, the application shall be considered incomplete and no action shall be taken on any application or appeal.

§ 500-100 Certificate of use.

A certificate of use shall be a statement issued by the Zoning Officer setting forth that a building, structure, parcel or use of land complies with the provisions of this chapter.

No vacant land shall be occupied or used, and no structure or part of a structure hereafter erected, substantially altered or changed in use shall be occupied or used, until a certificate of use shall have been issued by the Zoning Officer.

A certificate of use for the use or occupancy of vacant land or for a change in the use of land or for a change in the use of an existing building, either for whole or part of a new building or for the alteration of an existing building, shall be applied for coincident with the application for a building or zoning permit and shall be issued or denied within 15 days after a final inspection by the Zoning Officer.

A certificate of use for changing or extending a nonconforming use existing at the time of the passage of this chapter or of an amendment thereto shall be applied for and issued before any such nonconforming use shall be changed or extended. Such certificate shall be issued within 15 days after a final inspection and approval by the Zoning Officer.

A record of all certificates of use shall be kept on file in the office of the Zoning Officer.

§ 500-101 Certificate of nonconformance.

A certificate of nonconformance shall be issued by the Zoning Officer to the owner of any property which, at the time of the effective date of this chapter, is identified as containing a nonconforming use or structure. The owner's property and the issuance date of such certificate shall be registered in the records of the Borough as follows:

The certificate of nonconformance shall set forth in detail all of the nonconforming conditions of said property.

A copy of the certificate of nonconformance shall, be retained and filed by the Zoning Officer.

The certificate shall be for the purpose of ensuring the owner the right to continue a nonconforming use in accordance with the regulations of this chapter.

§ 500-102 Special exceptions.

Applications for any special exception permitted by this chapter shall be made to the Zoning Hearing Board through the Zoning Officer. The Zoning Hearing Board shall refer the matter to the Planning Commission for report thereon as to its effect on the goals and objectives of the Borough, pursuant to § 500-4 herein.

§ 500-103 Appeals and applications.

An appeal or application for an amendment, special exception or variance from the terms of this chapter shall be filed with the Zoning Officer and shall contain:

The name and address of the applicant.

The name and address of the owner of the real estate to be affected by such proposal.

A brief description and location of the real estate to be affected by such proposal.

A statement of the present zoning classification of the real estate in question, the improvements thereon and the present use thereof.

A statement of the section of this chapter under which the appeal or application requested may be allowed, and reasons why it should be granted, or a statement of the section of this chapter governing the situation in which the alleged erroneous ruling is being appealed, and reasons for the appeal.

An accurate description of the present improvements and the additions intended to be made under this application, indicating the size and use of such proposed improvements and general construction thereof. In addition, there shall be attached a plot plan of the real estate to be affected, as required to accompany applications for permits, indicating the location and size of the lot and location of improvements now erected and proposed to be erected thereon.

Any other pertinent data required by the Zoning Hearing Board, Borough Council and/or Zoning Officer, as appropriate to their individual authorities set forth in this article.

§ 500-104 Violations and penalties.

Failure to comply with any provision of this chapter, failure to secure a permit or Zoning Hearing Board certification, when required, or failure to secure a certificate of use shall be violations of this chapter.

Notice of violation.

When written notice of a violation of any of the provisions of this chapter has been served by the Zoning Officer on the owner, agent or occupant or contractor, such violation shall be discontinued immediately.

All appeals from determinations by the Zoning Officer under this section shall be made to the Zoning Hearing Board within 30 days of the date of the determination.

Causes of action. In case any building, structure, landscaping or land is or is proposed to be erected, constructed, reconstructed, altered, converted, maintained or used in violation of this chapter, the Borough Council or, with the approval of the Borough Council, an officer of the Borough, or any aggrieved owner or tenant of real property who shows that his property or person will be substantially affected by the alleged violation, in addition to other remedies, may institute any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure, landscaping or land, or to prevent, in or about such premises, any act, conduct, business or use constituting a violation. When any such action is instituted by a landowner or tenant, notice of that action shall be served upon the Borough, at least 30 days prior to the time the action is begun, by serving a copy of the complaint on the Borough Council. No such action may be maintained until such notice has been given.

Enforcement remedies.

Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Borough, pay a judgment of not more than $500 plus all court costs, including reasonable attorneys' fees incurred by the Borough as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Borough may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the Magisterial District Judge determining that there has been a violation further determines that there was a good-faith basis for person, partnership or corporation violating this chapter to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the Magisterial District Judge, and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorneys' fees collected for the violation shall be paid over to the Borough.

The Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per-diem fine pending a final adjudication of the violation and judgment.

Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the Borough the right to commence any action for enforcement pursuant to this section.

§ 500-105 Zoning Hearing Board.

The Zoning Hearing Board shall continue, with three members appointed by the Borough Council, and have powers and authority as set forth in the Pennsylvania Municipalities Planning Code (Act 247), as amended.[1] The duly established Zoning Hearing Board shall have the following functions:

Hearings.

The Zoning Hearing Board shall conduct hearings and make decisions in accordance with the Pennsylvania Municipalities Planning Code (Act 247), as amended. Notice shall be given to the public, the applicant, the landowner, the Zoning Officer, all property owners within 150 feet of the parcel or use in question and such other persons as the Zoning Hearing Board shall designate and any person who has made timely request for the same. Notices shall be given at such time and in such manner prescribed by adopted rules of the Zoning Hearing Board. The Borough Council may establish reasonable fees, based on costs, to be paid by the applicant and persons requesting any notice or materials not required by ordinance. In addition to the written notice provided herein, written notice of said hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing.

All property owners within 150 feet of the parcel shall be given notice of the original hearing; thereafter, subsequent continued hearings will be legally advertised. However, subsequent written notices to the property owners shall not be required to be sent.

In the event the zoning applicant's entire hearing fee is utilized for hearing costs allowed by law, the applicant shall be responsible for any additional costs incurred by the Borough in connection with the applicant's hearing as allowed by law.

Jurisdiction. The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudications in the following matters, as set forth in the Pennsylvania Municipalities Planning Code:

Substantive challenges to the validity of any land use ordinance, except those brought before the governing body pursuant to Section 609.1 and 916.1(a)(2) of the Pennsylvania Municipalities Planning Code.[2]

[2]

Editor's Note: Former § 101-105B(2) of the 1992 Code, regarding procedural challenges to the validity of a land use ordinance, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Challenges to the validity of a land use ordinance raising procedural questions or alleged defects in the process of enactment or adoption, which challenges shall be raised by an appeal taken within 30 days after the effective date of said ordinance.

Appeals from the determination of the Zoning Officer, including but not limited to the granting or denial of any permit, or failure to act on the application therefor, the issuance of any cease-and-desist order or the registration or refusal to register any nonconforming use, structure or lot.

The Zoning Hearing Board shall refer all matters to the Planning Commission.

Appeals from a determination by the Borough Engineer or Zoning Officer with reference to the administration of any floodplain or flood hazard ordinance or such provisions within a land use ordinance.

Applications for variances from the terms of this chapter and flood hazard ordinance or such provisions within a land use ordinance, pursuant to Section 910.2 of the Pennsylvania Municipalities Planning Code.

Applications for special exceptions under this chapter or floodplain ordinance or such provisions within a land use ordinance, pursuant to Section 912.1 of the Pennsylvania Municipalities Planning Code.

(8)

Appeals from the determination of any officer or agency charged with the administration of any transfer of development rights or performance density provisions of this chapter.

(9)

Appeals from the Zoning Officer's determination under Section 916.2, Procedure to obtain preliminary opinion, of the Pennsylvania Municipalities Planning Code.

(10)

Appeals from the determination of the Zoning Officer or Borough Engineer in the administration of any land use ordinance or provision thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relate to development not involving applications under Article V or VII of the Pennsylvania Municipalities Planning Code.

Variances. The Zoning Hearing Board shall hear requests for variances where it is alleged that the provisions of this chapter inflict unnecessary hardship upon the applicant. The Zoning Hearing Board shall prescribe the form of application and require application to the Zoning Officer. The Zoning Hearing Board may grant a variance, provided that the following findings are made where relevant in a given case:

That there are unique physical circumstances or conditions, including irregularity, narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property, and that the unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of this chapter in the district in which the property is located.

That, because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of this chapter and that the authorization of a variance is, therefore, necessary to enable the reasonable use of the property.

That such unnecessary hardship has not been created by the appellant.

That the variance, if authorized, will not alter the essential character of the district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare.

That the variance, if authorized, will represent the minimum variance that will afford relief and represent the least modification possible of the regulation in issue. In granting any variance, the Zoning Hearing Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter.

Special exceptions. In this chapter, special exceptions may be granted or denied by the Zoning Hearing Board pursuant to expressed standards and criteria contained in this chapter. The Zoning Hearing Board shall hear and decide requests for such special exceptions in accordance with such standards and criteria and prescribe the application form to be used. In granting a special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter. The Zoning Hearing Board shall pursue the following procedure:

The Zoning Hearing Board's decision to grant a permit for special exception use shall be made only after public notice and public hearing. Such permit shall apply specifically to the application and plans submitted and presented at said public hearing. Any subsequent amendments or additions shall be subject to review and public hearing by the Zoning Hearing Board as a special exception.

No application for a permit shall be granted by the Zoning Hearing Board for any variance special exception use until said Board has first received and considered an advisory report thereon from the Planning Commission with respect to the location of such use in relation to the needs and growth pattern of the Borough, where appropriate, with reference to the adequacy of the site area and the arrangement of buildings, driveways, parking areas, off-street loading and unloading spaces, and other pertinent features of the proposal.

The Planning Commission shall have 30 days from the date of its receipt of the application within which to file its report thereon. In the event that the Planning Commission shall fail to file its report within 30 days, such application shall be deemed to have been approved by the Planning Commission. The Planning Commission may have representation at the public hearing held by the Zoning Hearing Board on such application. After receipt of the report, the Zoning Hearing Board shall hear the application in the same manner and under the same procedure as it is empowered by law and ordinance to hear cases and make exceptions to the provisions of this chapter. The Zoning Hearing Board may thereafter direct the Zoning Officer to issue a permit if, in its judgment, the request will not be detrimental to the health, safety and general welfare of the Borough.

A special exception use for which a permit is granted by the Zoning Hearing Board pursuant to the provisions of this section shall be construed to be a conforming use.

Parties appellant before the Zoning Hearing Board. Appeals raising the substantive validity of any land use ordinance, except those to be brought before the Borough Council, pursuant to the Pennsylvania Municipalities Planning Code, procedural questions of alleged defects in the process of enactment or adoption of a land use ordinance; or from the determination of the Zoning Officer, including but not limited to the granting or denial of any permit or failure to act on the application therefor, the issuance of any cease-and-desist order or the registration or refusal to register any nonconforming use, structure or lot; or from a determination by the Borough Engineer or Zoning Officer with reference to the administration of any floodplain or flood hazard ordinance or such provisions within a land use ordinance; or from the determination of the Zoning Officer or Borough Engineer in reference to sedimentation and erosion control and stormwater management, insofar as the same relate to development not involving subdivision and development or planned residential development, may be filed with the Zoning Hearing Board, in writing, by the landowner affected, any officer or agency of the Borough or any person aggrieved. Requests for a variance and for special exceptions may be filed with the Zoning Hearing Board by any landowner or tenant with the permission of such landowner.

Time limitations.

No person shall be allowed to file any proceeding with the Zoning Hearing Board later than 30 days after an application for development, preliminary or final, has been approved by the Borough if such proceeding is designed to secure reversal or limit the approval in any manner unless such person alleges and proves that he had no notice, knowledge or reason to believe that such approval had been given. If such person has succeeded to his interest after such approval, he shall be bound by the knowledge of his predecessor in interest. The failure of anyone other than the landowner to appeal from an adverse decision on a tentative plan or from an adverse decision by the Zoning Officer on a challenge to the validity of this chapter, or an amendment hereto, or map, or an amendment thereto, shall preclude an appeal from a final approval except in the case where the final submission substantially deviates from the approved tentative approval.

No issue of alleged defect in the process of enactment of any ordinance or map or any amendment thereto shall be raised in any proceeding filed with the Zoning Hearing Board later than 30 days from the time such ordinance, map or amendment takes effect, unless the person raising such issues alleges and proves that he failed to receive adequate notice of the enactment or amendment. If such person has succeeded to his interest after the enactment of this chapter, adequate notice to his predecessor in interest shall be deemed adequate notice to him.

All appeals from determinations adverse to the landowner shall be filed by the landowner within 30 days after notice of the determination is issued.

Stay of proceedings.

Upon the filing of any appeal proceeding before the Zoning Hearing Board and during its pendency before the Zoning Hearing Board, all land development pursuant to any challenged ordinance, order or approval of the Zoning Officer or of any agency or body, and all official action thereunder, shall be stayed unless the Zoning Officer or any other appropriate agency or body certifies to the Board facts indicating that such stay would cause imminent peril to life or property, in which case the development or official action shall not be stayed otherwise than by a restraining order, which may be granted by the Zoning Hearing Board or by the court having jurisdiction of zoning appeals, on petition, after notice to the Zoning Officer or other appropriate agency or body. When an application for development, preliminary or final, has been duly approved and proceedings designed to reverse or limit the approval are filed with the Zoning Hearing Board by persons other than the applicant, the applicant may petition the court having jurisdiction of zoning appeals to order such persons to post bond as a condition to continuing the proceedings before the Board.

The question of whether or not such petition should be granted and the amount of the bond shall be within the sound discretion of the court. An order denying a petition for bond shall be interlocutory. An order directing the responding party to post a bond shall be interlocutory.

Hearings. The Zoning Hearing Board shall conduct hearings and make decisions in accordance with the following requirements:

Public notice shall be given and written notice shall be given to the applicant, the landowner, the Zoning Officer, to all property owners within 150 feet of the parcel in question or the use in question, and to any person who has made timely request for the same. Written notices shall be given one week prior to the first hearing by certified mail. In addition to the written notice provided herein, written notice of said hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing. All subsequent continued hearings will be legally advertised. However, subsequent written notices to the parties shall not be required.

The governing body may by resolution prescribe reasonable fees with respect to hearings before the Zoning Hearing Board. Fees for said hearings may include compensation for the Secretary and members of the Zoning Hearing Board, notice and advertising costs and necessary administrative overhead connected with the hearing. The costs, however, shall not include legal expenses of the Zoning Hearing Board, expenses for engineering, architectural or other technical consultants or expert witness costs. In the event the zoning applicant's entire hearing fee is utilized for hearing costs allowed by law, the applicant shall be responsible for any additional cost allowed by law and incurred by the Borough in connection with the applicant's hearing as allowed by law.

The first hearing before the Board or hearing officer shall be commenced within 60 days from the date of receipt of the applicant's application, unless, the applicant has agreed in writing to an extension of time. Each subsequent hearing before the Board or hearing officer shall be held within 45 days of the prior hearing, unless otherwise agreed to by the applicant in writing or on the record. An applicant shall complete the presentation of his case-in-chief within 100 days of the first hearing. Upon the request of the applicant, the Board or hearing officer shall assure that the applicant receives at least seven hours of hearings within the 100 days, including the first hearing. Persons opposed to the application shall complete the presentation of their opposition to the application within 100 days of the first hearing held after the completion of the applicant's case-in-chief. An applicant may, upon request, be granted additional hearings to complete his case-in-chief, provided the persons opposed to the application are granted an equal number of additional hearings. Persons opposed to the application may, upon the written consent or consent on the record by the applicant and municipality, be granted additional hearings to complete their opposition to the application, provided the applicant is granted an equal number of additional hearings for rebuttal.

The hearings shall be conducted by the Board, or the Board may appoint any member or an independent attorney as a hearing officer. The decision or, where no decision is called for, the findings shall be made by the Board; however, the appellant or the applicant, as the case may be, in addition to the municipality, may, prior to the decision of the hearing, waive decision or findings by the Board and accept the decision or findings of the hearing officer as final.

The parties to the hearing shall be the municipality, any person affected by the application who has made timely appearance of record before the Board, and any other person, including civic or community organizations, permitted to appear by the Board. The Board shall have power to require that all persons who wish to be considered parties enter appearances in writing on forms provided by the Board for that purpose.

The Chairman or Acting Chairman of the Board or the hearing officer presiding shall have the power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by the parties.

The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on all relevant issues.

(8)

Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded.

(9)

The Board or the hearing officer, as the case may be, shall keep a stenographic record of the proceedings. The appearance fee for a stenographer shall be shared equally by the applicant and the Board. The cost of the original transcript shall be paid by the Board if the transcript is ordered by the Board or hearing officer or shall be paid by the person appealing from the decision of the Board if such appeal is made, and in either event the cost of additional copies shall be paid by the person requesting such copy or copies. In other cases, the party requesting the original transcript shall bear the cost thereof.

(10)

The Board or the hearing officer shall not communicate, directly or indirectly, with any party or his representatives in connection with any issue involved except upon notice and opportunity for all parties to participate, shall not take notice of any communication, reports, staff memoranda, or other materials, except advice from its Solicitor, unless the parties are afforded an opportunity to contest the material so noticed, and shall not inspect the site or its surroundings after the commencement of hearings with any party or his representative unless all parties are given an opportunity to be present.

(11)

The Board or the hearing officer, as the case may be, shall render a written decision or, when no decision is called for; make written findings on the application within 45 days after the last hearing before the Board or hearing officer. Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons therefor. Conclusions based on any provisions of this chapter or of any ordinance, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in light of the facts found. If the hearing is conducted by a hearing officer and there has been no stipulation that his decision or findings are final, the Board shall make his report and recommendations available to the parties within 45 days, and the parties shall be entitled to make written representations thereon to the Board prior to final decision or entry of findings, and the Board's decision shall be entered no later than 30 days after the report of the hearing officer. Except for challenges filed under Section 916.1, where the Board fails to render the decision within the period required by this subsection or fails to commence, conduct or complete the required hearing as provided in Subsection H(3), the decision shall be deemed to have been rendered in favor of the applicant, unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the Board to meet or render a decision as hereinabove provided, the Board shall give public notice of said decision within 10 days from the last day it could have met to render a decision in the same manner as provided in Subsection H(1) of this section. If the Board shall fail to provide such notice, the applicant may do so. Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.

(12)

A copy of the final decision or, where no decision is called for, of the findings shall be delivered to the applicant personally or mailed to him not later than the day following its date. To all other persons who have filed their name and address with the Board not later than the last day of the hearing, the Board shall provide, by mail or otherwise, brief notice of the decision or findings and a statement of the place at which the full decision or findings may be examined.

[1]

Editor's Note: See 53 P.S. § 10101 et seq.

§ 500-106 Interpretation, intent and conflict.

In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the health, safety, morals and general welfare. It is not intended to interfere with or abrogate or annul other rules, regulations or ordinances, provided that, where this chapter imposes a greater restriction upon the use of buildings or premises or upon the height of a building or requires larger open spaces than are imposed by such other rules, easements, covenants, restrictions, regulations or ordinances, the provisions of this chapter shall control.

§ 500-107 Conditional use.

[Added 6-3-2013 by Ord. No. 06-03-13-01]

The South Waverly Borough Council shall require a conditional use application for the following uses and may grant conditional use approval for the same:

Compressor station in all districts other than residential; and

Natural gas processing plant in the Agricultural District.

Uses not provided for.

Whenever, under this ordinance, a use is neither specifically permitted nor denied, and an application is made by an applicant to the Zoning Officer for such a use, the Zoning Officer shall refer the application to the Borough Council to hear and decide such request as a conditional use. The Borough Council shall have the authority to permit the use or deny the use in accordance with the standards of governing conditional use applications set forth in the Zoning Ordinance. In addition, the use may only be permitted if:

(a)

It is similar to and compatible with the other uses permitted in the zone where the subject property is located;

(b)

It is not permitted in any other zone under the terms of this ordinance; and

(c)

It in no way is in conflict with the general purposes of this ordinance.

The burden of proof shall be upon the applicant to demonstrate that the proposed use meets the foregoing criteria and would not be detrimental to the public health, safety and welfare of the neighborhood where it is to be located.

Application procedure. Applications for any conditional use permitted by this ordinance shall be made to the Zoning Officer who shall refer such applications to the Borough Manager or Borough Secretary or his/her designee. Upon receipt of a conditional use application, the Secretary of the Borough Council shall forward a copy of the application to the South Waverly Borough Planning Commission for its review and recommendation. The Planning Commission shall conduct its review and make its recommendations within 30 days of receipt of such request.

Written statement. All applications for conditional uses shall include a written statement describing the tract of land and its intended use. Such statement shall include the following information:

The location of the tract of land;

The present use of the tract for which the conditional use is requested;

The present use of adjoining tracts;

The type of conditional use for which the application is made;

A brief description of the type and extent of the proposed activities;

An estimate of the total development cost of the conditional use; and

The names of the applicant, the owner of the tract, the developer of the conditional use and the person or organization who will operate the conditional use.

Site plan.

All applications for conditional uses shall include at least six copies of a site plan of the proposed development as set forth below:

The site plan shall be drawn to a scale not more than 50 feet to the inch and shall be on a sheet no smaller than 18 inches by 24 inches and no larger than 24 inches by 36 inches. If the site plan is drawn in two or more sections, a key map showing the locations of the sections shall be placed on each sheet. The site plan shall include:

(a)

Title block containing the name of the developer or landowner, date, scale, north arrow and the name and profession of the preparer of the plan;

(b)

Tract boundaries showing bearings and distances;

(c)

Existing significant natural or man-made features of the site;

(d)

Existing and proposed streets, rights-of-way, easements, means of access and setback lines;

(e)

Existing buildings, sewers, water mains, culverts, transmission lines, and fire hydrants on or adjacent to the site;

(f)

Existing contours at vertical intervals of five feet or less and the datum to which the elevations refer;

(g)

Proposed grading and drainage plan;

(h)

Proposed plan of any landscaping of the tract showing all paved and planted areas, screens or fences and erosion control measures;

(i)

Plans of any proposed sanitary sewer or storm sewer systems and water supply systems; and

(j)

Location, size and floor plan of all proposed buildings or structures and proposed use of all buildings or structures and open or unenclosed areas of the tract.

In cases where minimal site improvement or development is required or proposed for a conditional use, the Borough Council may waive the requirement for submittal of certain information that it deems unnecessary for its review of the application. In all cases, however, the information submitted shall be adequate for review of the conditional use request.

Hearing requirements.

Before voting on the approval of a conditional use, the Borough Council shall hold a public hearing thereon, pursuant to public notice. The Borough Council shall submit each such application to the South Waverly Borough Planning Commission at least 30 days prior to the hearing held upon an application to provide the South Waverly Borough Planning Commission an opportunity to submit recommendations. If, after any public hearing held upon an application, the proposed application is revised, the Borough Council shall hold another public hearing, pursuant to public notice, before proceeding to vote on the application.

Public notice as defined herein, and written notice shall be given to the applicant, the Zoning Officer, such other persons as the South Waverly Borough Council shall designate by ordinance, and to any person who has made timely requests for the same. Written notices shall be given at such time and in such manner as shall be prescribed by ordinance or, in the absence of ordinance provisions, by rules of the South Waverly Borough Council. In addition to the written notice provided herein, written notice of said hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing; the governing body may prescribe reasonable fees with respect to hearings.

Fees for said hearings may include compensation for the secretary, notice and advertising costs, and necessary administrative overhead connected with the hearing. The costs, however, shall not include legal expenses, expenses for engineering, architectural, or other technical consultants, or expert witness costs.

The parties to the hearing shall be South Waverly Borough Council, any person affected by the application who has made timely appearance of record before the South Waverly Borough Council, and any other person, including civic or community organizations permitted to appear by the South Waverly Borough Council. The South Waverly Borough Council shall have the power to require that all persons who wish to be considered parties enter appearance in writing on forms provided by the South Waverly Borough Council for that purpose.

The President and/or Vice President of the South Waverly Borough Council shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and paper, including witnesses and documents requested by the parties.

Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded;

(8)

The South Waverly Borough Council may keep a stenographic record of the proceedings; the applicant and the South Waverly Borough Council shall share the appearance fee for a stenographer equally. The cost of the original transcript shall be paid by the South Waverly Borough Council; or shall be paid by the person appealing the decision of the South Waverly Borough Council if such appeal is made, and, in either event, the cost of additional copies shall be paid by the person requesting such copy or copies. In other cases, the party requesting the original transcript shall bear the cost thereof.

(9)

The South Waverly Borough Council shall not communicate, directly or indirectly, with any party or his representatives in connection with any issue involved except upon notice an opportunity for all parties to participate, shall not take notice of any communication, reports, staff memoranda, or other materials, except advice from their solicitor, unless parties are afforded an opportunity to contest the material so noticed and shall not inspect the site or its surrounds after the commencement of hearings with any party or his representative unless all parties are given an opportunity to be present.

(10)

The South Waverly Borough Council shall conduct the hearing or the South Waverly Borough Council may appoint any member or an independent attorney as a hearing officer. The decision or, where there is no decision, the findings shall be made by the South Waverly Borough Council. However, the appellant or the applicant, as the case may be, in addition to the South Waverly Borough Council may, prior to the decision of the hearing, waive decision or findings by the South Waverly Borough Council and accept the decision or findings of the hearing officer as final.

Criteria for conditional uses. The Council shall, in making decisions on each application for a conditional use, consider the following general criteria, in addition to the special criteria established elsewhere in this ordinance:

The purpose of the zone in which the requested conditional use is to be located and the compatibility of the requested conditional use with existing and potential land uses on adjacent tracts of ground;

Whether the specific site is an appropriate location for the use, structure or condition;

Whether the use developed will adversely affect the neighborhood;

Whether the use will create undue nuisance or serious hazard to vehicles or pedestrians;

Whether adequate and appropriate facilities and services will be provided to ensure the proper operations of the proposed use;

The economic, noise, glare or odor effects of the conditional use on adjoining properties and properties generally in the district; and

Whether satisfactory provision and arrangement has been made concerning the following:

(a)

Ingress and egress to the property and structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow, control and access in case of fire or other emergency.

(b)

Off-street parking and loading areas;

(c)

Waste collection, storage and disposal;

(d)

Utilities, with reference to location, availability and compatibility;

(e)

Screening and buffering with reference to type and erosion control measures;

(f)

Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect and compatibility and harmony with properties in the district; and

(g)

Required yards and open spaces.

Decisions.

The Council shall render a decision or, when no decision is called for, make written findings on the conditional use application within 45 days after its last hearing on the proposal. Where the application is contested or denied, each decision shall be accompanied by findings of facts or conclusions based thereon, together with any reasons therefor. Conclusions based on any provisions of the Pennsylvania Municipalities Planning Code, this ordinance, or other ordinance, rule or regulation shall contain a reference to the provision relied upon and the reasons why the conclusion is deemed appropriate in light of the facts found. A copy of the final decision or, where no decision is called for, the findings shall be delivered to the applicant personally or mailed to him no later than the day following its date.