[A.O.]
1.
An agent to be appointed by the Borough Council, who
shall be known as the Zoning Officer, shall enforce the provisions
of this Chapter. The Zoning Officer may have designated as his/her
assistant an employee of the Borough, who shall exercise all the powers
of the Zoning Officer during the temporary absence or disability of
the Zoning Officer.
2.
The duties of the Zoning Officer shall be:
A.
Administer the Zoning Ordinance (this Chapter) in
accordance with its literal terms;
B.
To receive, examine and process all applications and
permits as provided by the terms of this Chapter. The Zoning Officer
shall also issue zoning permits for special exception and conditional
uses, or for variances after the same have been approved;
C.
To record and file all applications for zoning permits
or certificates of occupancy, and accompanying plans and documents,
and keep them for public record;
D.
To inspect properties to determine compliance with
all provisions of this Chapter as well as conditions attached to the
approval of variances, special exceptions, conditional uses and curative
amendments;
E.
Determine the date before which steps for compliance
must be commenced and the date before which the steps must be completed.
The Zoning Officer shall determine an appropriate duration of time
for compliance of the specified activity, not to exceed 30 days. Extensions
up to a total of 90 days from the date of receipt of the enforcement
notice may be granted at the discretion of the Zoning Officer if applied
for in writing;
F.
Upon the request of the Council or the Zoning Hearing
Board, present to such bodies facts, records, and any similar information
on specific requests, to assist such bodies in reaching their decisions;
G.
To be responsible for keeping this Chapter and the
Official Zoning Map up-to-date, including any amendments thereto;
H.
To revoke a permit or approval issued under the provisions
of this Chapter in case of any false statement or misrepresentation
of fact in the application or on the plans on which the permit or
approval was based or for any other cause set forth in this Chapter,
or otherwise permitted by law;
I.
To review proposed subdivisions and land developments
for compliance with this Chapter; and
3.
Designation of the Floodplain Administrator. The President
of Council is hereby appointed to administer and enforce this Chapter
and is referred to herein as the "Floodplain Administrator."
A.
The
Floodplain Administrator may:
(1)
Fulfill the duties and responsibilities set forth in these regulations;
(2)
Delegate duties and responsibilities set forth in these regulations
to qualified technical personnel, plan examiners, inspectors, and
other employees; or
(3)
Enter into a written agreement or written contract with another agency
or private sector entity to administer specific provisions of these
regulations.
B.
Administration
of any part of these regulations by another entity shall not relieve
the community of its responsibilities pursuant to the participation
requirements of the National Flood Insurance Program as set forth
in the Code of Federal Regulations at 44 CFR 59.22. In the absence
of a designated Floodplain Administrator, the Floodplain Administrator
duties are to be fulfilled by the Vice President of Council.
[A.O.]
1.
A zoning permit indicates that a zoning application
complies with this Chapter to the best knowledge of the Zoning Officer
or his/her designee. No zoning permit or certificate of use and occupancy
shall be granted by him/her for any purpose except in compliance with
the literal provisions of this Chapter. The Zoning Officer may be
authorized to institute civil enforcement proceedings as a means of
enforcement when acting within his/her scope of employment.
A.
A zoning permit is required to be issued prior to
the start of any of the following activities:
(1)
Erection, construction, movement, placement,
razing, demolition, removal, alteration or expansion (vertical or
horizontal) of a structure, building or sign.
(2)
Change of the type of use or expansion of the
use of a structure or area of land.
(3)
Creation of a new use.
(4)
Demolition of a building.
(5)
Other activities required to have a permit by
this Chapter.
(6)
The alteration or development of any improvement
or unimproved real estate, including but not limited to mining, dredging,
filling, grading, paving, excavation or drilling operations for underground
utilities, provided the final grade is not altered.
(8)
No zoning permit shall be required for repairs
or maintenance of any structure or land provided such repairs do not
change the use or the exterior dimensions of the structure, or otherwise
violate the provisions of this Chapter.
B.
The Borough may, at its option, issue combined or
separate building permits and zoning permits and/or may utilize a
single or separate application for the permits.
C.
The only determination by the Zoning Officer that
shall be official shall be a written determination after the Zoning
Officer receives a duly submitted written official application.
D.
Such zoning permits shall be granted or refused within
30 days from date of application.
F.
In all instances in which the Zoning Officer expresses
a reasonable doubt as to the ability of a proposed use to meet all
of the above-described requirements, it will be incumbent upon the
applicant to furnish adequate evidence in support of his application.
If such evidence is not presented, the zoning permit will be denied.
G.
Application for a zoning permit shall be made by the
owner or lessee of any building or structure, or the agent of either;
provided, however, that if the application is made by a person other
than the owner or lessee, it shall be accompanied by a written authorization
of the owner or the qualified person making the application, that
the proposed work is authorized by this owner. The full names and
addresses of the owner, lessee, applicant, and of the responsible
officers, if the owner or lessee is a corporate body, shall be stated
in the application.
H.
The Zoning Officer may call upon other staff and/or
municipal appointed consultants in the review of submitted materials
for applications;
I.
The Zoning Officer may revoke a permit or approval
issued under the provisions of this Chapter in case of any false statement
or misrepresentation of fact in the application or on the plans which
the permit or approval was based or for any other cause set forth
in this Chapter.
J.
Where a zoning permit is required by this Chapter,
but the work is commenced or changed prior to obtaining such permit,
and after notice by the Borough, the fees set by ordinance or resolution
of the Council for such permit shall be doubled. The doubling of the
permit fee shall be required to reflect the additional expense incurred
by the Borough resulting from the need to inspect the property, respond
to any complaints, issue any enforcement notices and/or process the
application as soon as it is received. The payment of such increased
permit fee shall not relieve any person from complying with all requirements
of this Chapter or any other applicable Borough ordinances or from
any penalties or enforcement actions authorized by this Chapter.
K.
Issuance of Permits. Upon receiving the application,
the Zoning Officer shall examine the same within a reasonable time
after filing. If the application or plans do not conform to the provisions
of all pertinent local laws, he shall reject such application in writing,
stating the reasons therefor. He shall inform the applicant of his
right to appeal to the Zoning Hearing Board in the event such application
is rejected. If satisfied that the proposed work and/or use conforms
to the provisions of this Chapter and all laws and ordinances applicable
thereto, and that the certificate of use and occupancy as required
herein has been applied for, he shall issue a permit therefor as soon
as practical but not later than 30 days from receipt of the application.
L.
Reconsideration of Application. An applicant whose
request for a permit has been denied by the Zoning Officer may make
a later application for a permit, provided all deficiencies which
were the basis for the prior denial of the permit have been eliminated.
Additional fees may apply as set by the Council.
M.
Expiration of Zoning Permit. The permit shall expire
after one year from the date of issuance; provided, however, that
the same may be extended one time for one additional year, upon written
request by the applicant on a form provided by the Borough.
N.
Compliance with Chapter. The permit shall be a license
to proceed with the work and should not be construed as authority
to violate, cancel, or set aside any of the provisions of this Chapter,
except as stipulated by the Zoning Hearing Board.
O.
Compliance with Permit and Plot Plan. All work or
uses shall conform to the approved application and plans for which
the permit has been issued as well as the approved plot plan.
P.
Display of Zoning Permit. All approved zoning permits
shall be prominently displayed on the subject property during construction,
renovation, reconstruction, repair, remodeling or the conduct of other
site improvements. Such permit displays shall occur within five days
of permit issuance, or prior to the commencement of actual work on
the site, whichever occurs first. Such permit display shall be continuous
until the site receives its certificate of occupancy.
Q.
Inspections. Inspections of the property in question
by the Zoning Officer or other duly appointed official may be required
at various intervals during the construction process. By submitting
an application for a zoning permit, the landowner authorizes the Borough
to perform such inspections as required.
[A.O.]
1.
Whenever the Borough Codes Enforcement Office shall
find upon investigation and/or examination that any structure, completed
or in the process of construction, or any portion thereof, is in a
dangerous condition or is a nuisance, he shall give written notice
of same, specifying the exact condition, to the Borough Council Secretary
and shall cause written notice of same to be served upon the owner
of each structure.
2.
The written notice served upon the owner of such structure
shall specify the condition of such structure and in what respect
or respects the Borough Code Enforcement Officer considers such structure
to be dangerous or to be a nuisance, and whether such structure is
capable of being properly repaired or whether it should be removed
as a dangerous structure or as a nuisance.
3.
The owner of such structure is required to commence
repair or removal of such structure within 30 days of such notice
and to complete such repairs or removal within 90 days thereof; provided,
in any case where the notice prescribes the repair of any structure,
the owner thereof shall have the option to remove such structure instead
of making the repairs thereto, within said time limit.
[A.O.]
1.
It shall be unlawful to use and/or occupy any structure,
sign, land area or portion thereof for which a zoning permit is required
until a certificate of use and occupancy for such activity has been
issued by the Zoning Officer.
2.
The staff may permit the zoning permit application
to serve as the application for the certificate of use and occupancy.
3.
The certificate of use and occupancy shall only be
issued by the Zoning Officer if the Zoning Officer determines that
the activity complies with this Chapter, to the best knowledge of
the Zoning Officer.
4.
The applicant shall keep a copy of the certificate
of use and occupancy available for inspection.
5.
Upon request of the applicant, the Zoning Officer
may issue a temporary certificate of use and occupancy. Such temporary
certificate may permit as activity to occur in all or part of a structure
before the entire work covered by the zoning permit has been completed.
A.
However, such temporary certificate shall only be
issued if the applicant proves to the Zoning Officer that the activity
or occupancy can occur safely without endangering public health or
safety.
B.
The temporary certificate shall establish in writing
a maximum time period under which it is valid. A six-month maximum
time period shall apply if not otherwise specified.
C.
Failure to receive a permanent certificate of use
and occupancy within such time period shall be a violation of this
Chapter.
D.
The temporary certificate may be conditioned upon
compliance with certain specific requirements within certain time
periods.
6.
The Zoning Officer shall inspect any structure, building,
or sign within 10 days upon notification that the proposed work that
was listed under a zoning permit has been completed, and if satisfied
that the work is in conformity and compliance with the work listed
in the issued permit and all other pertinent laws, he shall issue
a certificate of use and occupancy for the intended use listed in
the original application. Where a building permit is required under
the Construction Code, a certificate of use shall not be issued until
a final inspection by the Construction Code Official is complete and
found to be satisfactory.
[A.O.]
All signs except, those enumerated in § 27-609, Subsection 4A,require a zoning permit in accordance with this Section. No permanent or temporary sign as described in this Chapter shall be erected until a permit therefor has been issued by the Zoning Officer. The Zoning Officer can only issue the permit when such sign complies in every respect with all applicable provisions of this Chapter.
1.
The party erecting a sign shall apply for a sign permit.
The Zoning Officer will process the application within one week upon
receipt of the written request to erect a sign and payment of a fee;
provided, the size and nature of the sign is in conformity with the
provisions of this Chapter and all other effective and applicable
ordinances. The Zoning Officer's refusal for a sign permit shall include
a written statement to the applicant citing specific Sections of this
Chapter containing the reasons for denial.
2.
The Borough Council will adopt a sign permit fee schedule.
3.
An application for a sign permit shall be made on
a form provided by the Zoning Officer. Any additional relevant information
and material may also be required by the Zoning Officer.
4.
Permits are valid indefinitely unless the sign is
structurally altered, moved or replaced. A new permit is required
prior to any structural alteration, movement or replacement, and its
issuance by a Zoning Officer can only be made when such signs comply
in every respect with all applicable provisions of this Chapter.
5.
Exceptions to permits are as follows:
A.
Replacing copy or advertising message on an approved
sign such as a billboard, theater marquee or similar approved sign
device which is specifically designed for the use of replaceable copy.
This provision does not apply to painted lettering, symbols, etc.,
which utilizes a building for the sign surface. Any such sign shall
be considered a new sign and requires a permit.
B.
Maintenance, including cleaning and normal repair,
unless a structural change is made.
C.
Signs in existence when this Chapter was adopted,
unless they are structurally altered, moved, replaced or painted.
[A.O.]
1.
The Zoning Officer may issue a permit for a temporary
or permanent use or structure may be issued by the Zoning Officer
for any of the following:
A.
Customary, routine and accessory short-term special
events, including but not limited to:
(1)
Christmas tree sales in any zoning district;
(2)
Carnival, circus, street fairs or bazaar-type
events in any zoning district; and
(3)
Mobile amusement and lighting equipment for
promotion, advertisement, and grand openings in nonresidential zoning
districts; provided that only a well-established nonprofit organization
or a permitted place of worship proposing a temporary use demonstrates
clearly that the proposed use will primarily serve a charitable, public
service or religious purpose in order to be eligible to receive approval
for commercial-type activities in a district where a commercial use
would not otherwise be permitted.
B.
Temporary storage and office trailers that are necessary
to serve on-site construction, while such construction is actively
underway;
C.
Such other activities that the applicant proves are
routine, customary and temporary.
2.
The Zoning Officer may require reasonable safeguards
to be made so that the temporary use or structures does not endanger
the health, safety and welfare of the public.
3.
Time Period. The Zoning Officer shall state a reasonable
maximum time period on the temporary permit. If no time limit is stated,
then a six-week maximum period shall apply. A temporary permit may
be renewed for a maximum of two additional weeks during any one calendar
year for just cause, unless otherwise specified in this Chapter.
4.
There shall be no fee required.
[A.O.]
1.
Permitted-by-Right Uses. The Zoning Officer shall
issue a zoning permit under this Chapter in response to an application
for a use that is permitted by right if it meets all of the requirements
of this Chapter.
2.
Special Exception Use. A zoning permit under this
Chapter for a use requiring a special exception permit shall be issued
by the Zoning Officer only in response to a written approval by the
Zoning Hearing Board, following a hearing, and compliance with any
conditions by the Zoning Hearing Board and any conditions required
by this Chapter.
3.
Conditional Use. A zoning permit under this Chapter
for a use requiring a conditional use permit shall be issued by the
Zoning Officer only in response to a written approval by the Borough
Council, following a hearing, and compliance with any conditions by
the Borough Council and any conditions required by this Chapter.
4.
Application Requiring a Variance. A permit under this
Chapter for a use requiring a variance shall be issued by the Zoning
Officer only in response to a written approval by the Zoning Hearing
Board, following a hearing, and compliance with any conditions by
the Zoning Hearing Board.
[A.O.]
1.
Submittal. All applications for a zoning permit shall
be made in writing on a form provided by the Borough. Such completed
application, with required fees, shall be submitted to the Zoning
Officer.
2.
Site Plan. The applicant shall submit a minimum of
two copies of a site plan with the application if the application
involves a new principal building, expansion of a principal building
or addition of three or more parking spaces. The site plan shall be
drawn to scale and show the following:
A.
Locations, dimensions and uses of existing and proposed
structures, parking and loading areas, and location of existing and
proposed uses of areas of land, with existing features clearly distinguished
from proposed features.
B.
Notes showing the dimensions of all buildings from
lot lines and street rights-of way.
C.
Location of any watercourses and any one-hundred-year
floodplain.
D.
Proposed lot areas, lot widths and other applicable
dimensional requirements.
E.
Locations and widths of existing and proposed sidewalks.
3.
Additional Information. Any application under this
Chapter shall include the following information, unless the Zoning
Officer determines such information is unnecessary to determine compliance
with this Chapter:
A.
Address of the lot.
B.
Name and address of the applicant, and of the owner
of the property if different from the applicant.
C.
Description of the proposed use of the property.
D.
All other applicable information listed on the official
Renovo Borough application form.
E.
Such additional information that the Zoning Officer
may determine is reasonably necessary to determine compliance with
this Chapter.
F.
Applications for Zoning Permits in All Residential
Zoning Districts. In addition to the information required in § 27-1908of
this Chapter, applications for the construction of new principal buildings
or additions/alterations to existing principal buildings in all residential
zoning districts shall be submitted with the following information:
(1)
A complete set of calculations (i.e., averages
of heights, setbacks, etc.) used to determine and demonstrate compliance
with all applicable standards set forth in the dimensional requirements
of Parts 4 through 8 of this Chapter.
(2)
A schematic architectural drawing of the principal
building's front facade.
4.
Application for zoning permits for uses in all commercial
and industrial zones (excluding demolition permits) shall include
the following:
A.
A location plan showing the tract to be developed,
zone boundaries, adjoining tracts, significant natural features, and
streets for a distance of 200 lineal feet from all tract boundaries;
B.
A plot plan certified by a professional surveyor or
engineer of the lot showing the location of all existing and proposed
buildings, driveways, parking lots showing access drives, circulation
patterns, curb cut accesses, parking stalls, access from streets,
screening fences and walls, waste disposal fields or other methods
of sewage disposal, other construction features on the lot, and the
location of all topographical features;
C.
A description of the operations proposed in sufficient
detail to indicate the effects of those operations in producing traffic
congestion, noise, glare, air pollution, water pollution, vibration,
fire hazards, safety hazards, or the emission of any potentially harmful
or obnoxious matter or radiation;
D.
Evidence that the disposal of materials and wastes
will be accomplished in a manner that complies with state and federal
regulations. Such evidence shall, at a minimum, include copies of
contracts with waste haulers licensed to operate within the Borough
which have been contracted to dispose of the materials used and wastes
generated on-site. The zoning permit shall remain valid only so long
as such contracts remain in effect and all materials and wastes are
properly disposed of on a regular basis. Should the nature of the
use change in the future such that the materials used or wastes generated
change significantly, either in type or amount, the owner shall so
inform the Zoning Officer, and shall provide additional evidence demonstrating
continued compliance with the requirements of this Section;
E.
Engineering plans for the handling of traffic, noise,
glare, air pollution, water pollution, vibration, fire hazards, or
safety hazards, smoke, or emission of any potentially harmful or obnoxious
matter or radiation;
F.
Designation of the manner by which sanitary sewage
and storm water shall be disposed and water supply obtained;
G.
The proposed number of shifts to be worked and the
maximum number of employees on each shift;
H.
Where use by more than one firm is anticipated, a
list of firms which are likely to be located in the center, their
floor area, and estimated number of employees; and
I.
Submission, approval and recordation of a subdivision
or land development plan, as required.
5.
Construction Code. Where the proposed use is regulated
under the Construction Code,[1] the applicant shall submit an application of building
permit concurrently with the zoning permit. A zoning permit will not
be issued until satisfactorily meeting the requirements of the Construction
Code.
6.
Submittals for Special Exception or Conditional Uses.
In addition to the information listed above, an application for a
special exception or conditional use requiring a site plan and action
by the Zoning Hearing Board or Borough Council shall also include
the following information, unless the Zoning Officer determines that
such information is not necessary to determine compliance with this
Chapter:
A.
Present zoning district and major applicable lot requirements.
B.
For nonresidential use:
(1)
Description of the proposed nonresidential operations
and storage in sufficient detail to indicate potential nuisances and
hazards regarding noise, large truck traffic, glare, odors, dust,
fire or toxic or explosive hazards or other significant public health
and safety hazards.
(2)
Maximum hours of operation.
C.
Existing directions of stormwater flow (and any proposed
revisions) and any proposed methods of stormwater management.
D.
Listing of any sections of this Chapter from which
a variance is being requested.
E.
Approximate locations of principal buildings and locations
of streets and alleys and zoning district boundaries within 100 lineal
feet of the boundaries of the tract, and description of uses of adjoining
properties (such as "funeral home" or "single-family detached dwelling").
F.
Heights, locations, methods of illumination and intensity
of exterior lighting and sign lighting.
G.
Name and address of person who prepared the site plan.
H.
Signed acknowledgement of the site plan by the applicant.
I.
Such additional information required under applicable
sections of this Chapter.
[A.O.]
1.
It shall be unlawful for any person, partnership,
business or corporation to undertake, or cause to be undertaken, any
construction or development anywhere within the Borough of Renovo
unless a permit has been obtained from the Floodplain Administrator.
2.
The Floodplain Administrator shall issue a permit
for construction in the floodplain only after it has been determined
that the proposed work to be undertaken will be in conformance with
the requirements of this and all other applicable codes and ordinances.
3.
Prior to the issuance of any permit, the Floodplain
Administrator shall review the application for the permit to determine
if all other necessary government permits required by state and federal
laws have been obtained, such as those required by the Pennsylvania
Sewage Facilities Act (Act 1966-537, as amended);[1] the Pennsylvania Dam Safety and Encroachments Act (Act
1978-325, as amended);[2] the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[3] and the U.S. Clean Water Act, Section 404, 33 U.S.C. § 1344.
No permit shall be issued until this determination has been made.
4.
In the case of existing structures, prior to the issuance
of any development/permit, the Floodplain Administrator shall review
the proposed cost of improvements or repairs and the pre-improvement
market value of the structure, so that a substantial improvement/substantial
damage determination can be made, in accordance with FEMA's Substantial
Improvement/Substantial Damage Desk Reference.
5.
During the construction period, the Floodplain Administrator
or other authorized official shall inspect the premises to determine
that the work is progressing in compliance with the information provided
on the permit application and with all applicable municipal laws and
ordinances. He/she shall make as many inspections during and upon
completion of the work as are necessary.
6.
In the discharge of his/her duties, the Floodplain
Administrator shall have the authority to enter any building, structure,
premises or development in the identified floodplain area, upon presentation
of proper credentials, at any reasonable hour to enforce the provisions
of this Chapter.
7.
In the event the Floodplain Administrator discovers
that the work does not comply with the permit application or any applicable
laws and ordinances, or that there has been a false statement or misrepresentation
by any applicant, the Floodplain Administrator shall revoke the permit
and report such fact to the Council for whatever action it considers
necessary.
8.
The Floodplain Administrator shall maintain in perpetuity,
or for the lifetime of the structure, all records associated with
the requirements of this Chapter including, but not limited to, finished
construction elevation data, permitting, inspection and enforcement.
9.
The Floodplain Administrator is the official responsible
for submitting a biennial report to FEMA concerning community participation
in the National Flood Insurance Program as requested.
10.
The responsibility, authority and means to implement
the commitments of the Floodplain Administrator can be delegated from
the person identified. However, the ultimate responsibility lies with
the person identified in Partg 17, Floodplains, as the Floodplain
Administrator/Manager.
11.
The Floodplain Administrator shall consider the requirements
of the 2015 IBC and the 2015 IRC, or the latest revision thereof as
adopted by the Commonwealth of Pennsylvania.
[A.O.]
1.
Application for such permit shall be made, in writing,
to the Floodplain Administrator on forms supplied by the Borough of
Renovo. Such application shall contain the following:
A.
Name and address of applicant.
B.
Name and address of owner of land on which proposed
construction is to occur.
C.
Name and address of contractor.
D.
Site location, including address.
E.
Listing of other permits required.
F.
Brief description of proposed work and estimated cost,
including a breakout of flood-related cost and the market value of
the building before the flood damage occurred where appropriate.
G.
A plan of the site showing the exact size and location
of the proposed construction as well as any existing building or structures.
2.
If any proposed construction or development is located
entirely or partially within any identified floodplain area, applicants
for permits shall provide all the necessary information in sufficient
detail and clarity to enable the Floodplain Administrator to determine
that:
A.
All such proposals are consistent with the need to
minimize flood damage and conform with the requirements of this and
all other applicable codes and ordinances;
B.
All utilities and facilities, such as sewer, gas,
electrical and water systems are located and constructed to minimize
or eliminate flood damage;
C.
Adequate drainage is provided so as to reduce exposure
to flood hazards;
D.
Structures will be anchored to prevent flotation,
collapse, or lateral movement;
E.
Building materials are flood-resistant;
F.
Appropriate practices that minimize flood damage have
been used; and
G.
Electrical, heating, ventilation, plumbing, air-conditioning
equipment, and other service facilities have been designed and located
to prevent water entry or accumulation.
3.
Applicants shall file the following minimum information
plus any other pertinent information as may be required by the Floodplain
Administrator to make the above determination:
A.
A completed Permit Application Form.
B.
A plan of the entire site, clearly and legibly drawn
at a scale of one inch being equal to 100 feet or less, showing the
following:
(1)
North arrow, scale, and date;
(2)
Topographic contour lines, if available;
(3)
The location of all existing and proposed buildings,
structures, and other improvements, including the location of any
existing or proposed subdivision and development;
(4)
The location of all existing streets, drives,
and other accessways; and
(5)
The location of any existing bodies of water
or watercourses, identified floodplain areas, and, if available, information
pertaining to the floodway, and the flow of water including direction
and velocities.
C.
Plans of all proposed buildings, structures and other
improvements, drawn at suitable scale showing the following:
(1)
The proposed lowest floor elevation of any proposed
building based upon North American Vertical Datum of 1988;
(2)
The elevation of the base flood;
(3)
Supplemental information as may be necessary
under 34 Pa. Code, the 2009 IBC or the 2009 IRC, or the latest revision
thereof as adopted by the Commonwealth of Pennsylvania.
D.
The following data and documentation:
(1)
Detailed information concerning any proposed
floodproofing measures and corresponding elevations.
(2)
If available, information concerning flood depths,
pressures, velocities, impact and uplift forces and other factors
associated with a base flood.
(4)
Documentation, certified by a registered professional engineer or architect, to show that the cumulative effect of any proposed development within an AE Area/District without floodway (see § 27-1722, Subsection 1B, ) when combined with all other existing and anticipated development, will not increase the base flood elevation more than one foot at any point within the community.
(5)
A document, certified by a registered professional
engineer or architect, which states that the proposed construction
or development has been adequately designed to withstand the pressures,
velocities, impact and uplift forces associated with the base flood.
Such statement shall include a description of the type and extent
of floodproofing measures which have been incorporated into the design
of the structure and/or the development.
(6)
(7)
The appropriate component of the Department
of Environmental Protection's "Planning Module for Land Development."
(8)
Where any excavation or grading is proposed,
a plan meeting the requirements of the Department of Environmental
Protection to implement and maintain erosion and sedimentation control.
E.
Applications for permits shall be accompanied by a
fee, payable to the municipality based upon the estimated cost of
the proposed construction as determined by the Floodplain Administrator.
4.
Review of Application by Others. A copy of all plans
and applications for any proposed construction or development in any
identified floodplain area to be considered for approval may be submitted
by the Floodplain Administrator to any other appropriate agencies
and/or individuals (e.g., Planning Commission, Municipal Engineer,
etc.) for review and comment.
5.
Changes. After the issuance of a permit by the Floodplain
Administrator, no changes of any kind shall be made to the application,
permit or any of the plans, specifications or other documents submitted
with the application without the written consent or approval of the
Floodplain Administrator. Requests for any such change shall be in
writing, and shall be submitted by the applicant to Floodplain Administrator
for consideration.
6.
Placards. In addition to the Permit, the Floodplain
Administrator shall issue a placard, or similar document, which shall
be displayed on the premises during the time construction is in progress.
This placard shall show the number of the Permit, the date of its
issuance, and be signed by the Floodplain Administrator.
7.
Start of Construction. Work on the proposed construction
or development shall begin within 180 days after the date of issuance
of the development permit. Work shall also be completed within 12
months after the date of issuance of the permit or the permit shall
expire unless a time extension is granted, in writing, by the Floodplain
Administrator. Then issuance of development permit does not refer
to the zoning approval.
A.
The "actual start of construction" means either the
first placement of permanent construction of a structure on a site,
such as the pouring of slab or footings, the installation of piles,
the construction of columns, or any work beyond the stage of excavation;
or the placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing,
grading, and filling; nor does it include the installation of streets
and/or walkways; nor does it include excavation for a basement, footings,
piers, or foundation or the erection of temporary forms; nor does
it include the installation on the property of accessory buildings,
such as garages or sheds not occupied as dwelling units or not part
of the main structure. For a substantial improvement, the actual start
of construction means the first, alteration of any wall, ceiling,
floor, or other structural part of a building, whether or not that
alteration affects the external dimensions of the building.
B.
Time extensions shall be granted only if a written
requests is submitted by the applicant, who sets forth sufficient
and reasonable cause for the Floodplain Administrator to approve such
a request and the original permit is compliant with this Chapter and
FIRM/FIS in effect at the time the extension is granted.
[A.O.]
1.
At least one copy of each zoning permit application
and any other zoning approvals shall be retained in the Renovo Borough
files.
2.
PennDOT Permit. Where necessary for access onto a
State road, a Renovo Borough zoning or building permit shall be automatically
conditioned upon issuance of a PennDOT Highway Occupancy Permit.
[A.O.]
1.
Revocation. The Zoning Officer shall revoke, withhold
or suspend a permit or approval issued under the provisions of this
Chapter in the case of one or more of the following:
A.
Any false statement or misrepresentation of fact in
the application or on the plans on which the permit or approval was
based. (Note: The Pennsylvania Criminal Code provides for penalties
for providing false information to a municipal employee in the carrying
out of his/her duties.)
B.
Upon violation of any condition lawfully imposed by
the Zoning Hearing Board for a special exception use or a variance.
C.
Upon violation of any condition lawfully imposed by
the Borough Council for a conditional use.
D.
Any work being accomplished or use of land or structures
in such a way that does not comply with this Chapter or an approved
site plan or approved permit application.
E.
Any other just cause set forth in this Chapter.
2.
Appeals. A party with legitimate standing, or as otherwise
provided by State law, may appeal decisions made under this Chapter
within the provisions of the PA MPC.[1] Such appeal shall occur within the time period established
by the MPC.
A.
Any person aggrieved by any action or decision of
the Floodplain Administrator concerning the administration of the
provisions of this Chapter may appeal to the Zoning Hearing Board.
Such appeal must be filed, in writing, within 30 days after the decision,
determination or action of the Zoning Officer or Floodplain Administrator.
B.
Upon receipt of such appeal, the Zoning Hearing Board
shall consider the appeal in accordance with the Municipal Planning
Code and any other local ordinance.
C.
Any person aggrieved by any decision of the Zoning
Hearing Board may seek relief therefrom by appeal to court, as provided
by the laws of this State, including the Pennsylvania Flood Plain
Management Act.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
3.
Should the appellant or applicant fail to obtain the
necessary permits within said two-year period, or having obtained
the permit should he fail to commence work thereunder within such
two-year period, it shall be conclusively presumed that the appellant
or applicant has waived, withdrawn, or abandoned his application,
and all approvals and permits granted to him shall be deemed automatically
rescinded by the Borough Council.
4.
Should the appellant commence construction or alteration
within said two-year period, but should he fail to complete such construction
or alteration within said three-year period, the Council may, upon
10 days' notice in writing, rescind or revoke the granted conditional
use, if the Borough Council finds that no good cause appears for the
failure to complete within such three-year period, and if the Borough
Council further finds that conditions have altered or changed in the
interval since the granting of the conditional use that revocation
or rescission of the action is justified.
5.
As an alternative to the preceding, an applicant can
request, as part of the original application before the Borough Council,
the granting of a timetable associated with the request which would
supersede the deadlines imposed in this Part. In so doing, the applicant
must demonstrate that the times requested are logically related to
normal and expected progress of the project. In approving a timetable
under this Section, the Council must establish and bind a definite
time frame for: (a) issuance of a zoning permit; and (b) completion
of construction of the project.
[A.O.]
If an application under this Chapter would also
be regulated by the SALDO, then any permit or approval under this
Chapter shall automatically be conditioned upon compliance with the
SALDO. For example, if an applicant applies for a permit for a single-family
detached dwelling on a proposed new lot, the construction permit for
such dwelling shall not be valid until after the lot is granted final
subdivision and land development approval and the lot is officially
recorded by the Clinton County Recorder of Deeds.
[A.O.]
1.
After receiving a proper application, the Zoning Officer
shall either issue the applicable permit(s) or deny the application(s)
as submitted, indicating one or more reasons in writing to the applicant.
2.
After the permit under this Chapter has been issued,
the applicant may undertake the action specified in the permit, in
compliance with other Renovo Borough ordinances. However, it is recommended
that applicants wait 30 days to begin construction if there is a possibility
of an appeal by another party to have the permit revoked. Any commencement
of construction or a use within this thirty-day appeal period shall
be at the risk of the applicant.
[A.O.]
1.
All of the enforcement, violations and penalty provisions
of the PA MPC are hereby incorporated into this Chapter by reference.
2.
Violations. Any person who shall commit or who shall
permit any of the following actions violates this Chapter:
A.
Failure to secure a zoning permit prior to a change
in use of land or structure, or the erection, construction or alteration
of any structure or portion thereof, or the excavation of land to
prepare for the erection, construction or alteration of any structure
or portion thereof.
B.
Placement of false statements on or omitting relevant
information from an application for a zoning permit.
C.
Undertaking any action in a manner which does not
comply with an approved zoning permit.
D.
Violation of any conditions imposed by a decision
of the Zoning Hearing Board in granting a variance, special exception
or other approval.
E.
Violation of any condition imposed by a decision of
the Borough Council in granting a conditional use.
3.
Causes of Action; Enforcement; Remedies.
A.
Enforcement. Whenever the Borough determines that
there are reasonable grounds to believe that there has been a violation
of any provisions of this Chapter, or of any regulations adopted pursuant
thereto, the Borough shall initiate enforcement proceedings by sending
an enforcement notice in writing of such alleged violation as hereinafter
provided. Prior to sending an official enforcement notice, the Zoning
Officer or Floodplain Administrator, as applicable may at his/her
option informally request compliance.
B.
Enforcement Notice. The enforcement notice shall be
in writing and sent to the owner of record or his/her agent of the
parcel on which the violation has occurred, to any person who has
filed a written request to receive enforcement notices regarding that
parcel, and to any other person requested in writing by the owner
of record. An enforcement notice shall state the following, at minimum:
(1)
The name of the owner of record and any other
person against whom the municipality intends to take action.
(2)
The location of the property in violation.
(3)
The specific violation with a description of
the requirements which have not been met, citing in each instance
the applicable provisions of this Chapter.
(4)
The date before which the steps for compliance
must be commenced and the date before which the steps must be completed.
(5)
That the recipient of the notice has the right
to appeal to the Zoning Hearing Board within a prescribed period of
time in accordance with procedures set forth in this Chapter.
(6)
That failure to comply with the notice within
the time specified, unless extended by appeal to the Zoning Hearing
Board, constitutes a violation, with possible sanctions clearly described.
C.
Evidence and Fees. In any appeal of an enforcement
notice to the Zoning Hearing Board, the Borough shall have the responsibility
of presenting its evidence first. Any filing fees paid by a party
to an appeal to an enforcement notice to the Zoning Hearing Board
shall be returned to the appealing party by the Renovo Borough if
the Zoning Hearing Board, or any court in a subsequent appeal, rules
in the appealing party's favor.
D.
Cause of Action. If the enforcement notice is not
complied with, within the specified time period, the Zoning Officer,
Solicitor, or other officer of the may notify the Renovo Borough Council.
With the consent of the Borough Council, the Renovo Borough Solicitor
or other officer of the Borough 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.
E.
Violations and Penalties.
(1)
Any person, partnership or corporation who or
which has violated or permitted the violation of the requirements
or the provisions of this Chapter or who fails or refuses to comply
with any notice, order of direction of the Zoning Officer, Floodplain
Administrator or any other authorized employee of the municipality
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by the Borough of Renovo, pay a fine of not less than $25
nor more than $600 plus all court costs, including the reasonable
attorney's fees incurred by the Borough as a result thereof. In addition
to the above penalties, all other actions are hereby reserved, including
an action in equity or the proper enforcement of this Chapter.
(2)
No judgment shall commence or be imposed, levied
or be 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.
(3)
The imposition of a fine or penalty for any
violation of or noncompliance with this Chapter shall not excuse the
violation or noncompliance or permit it to continue. All such persons
shall be required to correct or remedy such violations and noncompliance
within a reasonable time. Each day that a violation continues shall
constitute a separate violation, unless a Magisterial District Judge,
in the course of determining that there has been a violation, further
determines that there was a good faith basis for the 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 by the Magisterial District Judge, and thereafter
each day that a violation continues shall constitute a separate violation.
All judgments, costs and reasonable attorney's fees collected for
the violation of this Chapter shall be paid over to the Borough. Imprisonment
shall not be authorized by this Chapter.
(4)
Any development initiated or any structure or
building constructed, reconstructed, enlarged, altered, or relocated,
in noncompliance with this Chapter may be declared by the Council
to be a public nuisance and abatable as such.
[A.O.]
1.
The owner of a dangerous structure shall commence
repair or removal of such structure within 30 days of such notice
and to complete such repairs or removal within 90 days thereof; provided,
in any case where the notice prescribes the repair of any structure,
the owner thereof shall have the option to remove such structure instead
of making the repairs thereto within said time limit.
2.
The notice required by the § 27-1802 of this Part shall be served personally upon the owner of the structure, if such owner resides in the Borough, or upon the agent of such owner, if such agent has a residence or place of business within the Borough. If neither the owner nor the agent thereof can be served within the Borough as hereby provided, such notice shall be sent to the owner of such structure by registered mail at the last known address thereof.
3.
If the owner of any nuisance or any dangerous structure,
to whom or which a written notice to repair or remove such structure
shall be sent or given under the provisions of this Chapter, fails
to commence or to complete such repair or removal within the time
limit prescribed by such notice, he shall be guilty of a violation
of this Chapter, and upon conviction thereof, shall be sentenced to
pay a fine of not more than $25 and costs of prosecution; provided,
each day's continuance of a violation shall constitute a separate
offense.
4.
If the owner of any nuisance or any dangerous structure, to whom or which a written notice to repair or to remove such structure shall be given or sent under the provisions of this Chapter, fails to commence or to complete such repair or removal within the time limit prescribed by such notice, the Borough Code Enforcement Officer shall be empowered to cause such work of repair or removal to be commences and/or completed by the Borough, and the cost and expense thereof, with a penalty of 10% shall be collected from the owner of such structure in the manner provided by law; provided, the recovery of such cost and expense, together with the penalty, may be in addition to the penalty imposed as provided in the § 27-1815 of this Chapter.
[A.O.]
The Borough Council may, by resolution, establish
fees for the administration of this Chapter. All fees shall be determined
by a schedule that is made available to the general public. The Renovo
Council may reevaluate the fees schedule and make necessary alterations
to it. Such alterations shall not be considered an amendment to this
Chapter and may be adopted at any public meeting of the Borough Council.
[A.O.]
1.
Power of Amendment. The Borough Council may from time
to time, amend, supplement, change or repeal this Chapter including
the Official Zoning Map. Any amendment, supplement, change or repeal
may be initiated by the Planning Commission, the Borough Council or
by a petition to the Borough Council by an interested party.
2.
Hearing and Enactment Procedures for Zoning Amendments:
A.
Public Hearing. Before hearing and enacting Zoning
Ordinance and/or Zoning Map amendments, the Council shall conduct
a public hearing to inform the general public of the nature of the
amendment and to obtain public comment. Such public hearing shall
be conducted after public notice (as defined herein and listed below)
has been given.
B.
Public Notice. Before conducting a public hearing,
the Borough Council shall provide public notice as follows:
(1)
Notice shall be published once each week for
two successive weeks in a newspaper of general circulation in the
Borough. Such notice shall state the time and place of the hearing
and the particular nature of the matter to be considered at the hearing.
The first publication shall not be more than 30 days, and the second
publication shall not be less than seven days from the date of the
hearing. Publication of the proposed amendment shall include either
the full text thereof or the title and brief summary, prepared by
the municipal solicitor and setting forth all the provisions in reasonable
detail.
(2)
For Zoning Map amendments, public notice shall
also include the posting of a sign at conspicuous locations along
the perimeter of the subject property; these sign(s) shall be posted
at least one week prior to the hearing and will exhibit the nature,
date, time, municipality, location of the hearing.
(3)
In addition to the requirement that notice be
posted on the subject property, where the proposed amendment involves
a Zoning Map change, notice of the public hearing shall be mailed
by the Borough at least 30 days prior to the date of the hearing by
first class mail to the addresses to which real estate tax bills are
sent for all real property located within the area being rezoned,
as evidenced by tax records within the possession of the Borough.
The notice shall include the location, date and time of the public
hearing. The provisions of this Section shall not apply when the rezoning
constitutes a comprehensive rezoning.
(4)
For curative amendments, public notice shall
also indicate that the validity of the Ordinance and/or map is in
question, and shall give the place where and the times when a copy
of the request including any plans, explanatory material or proposed
amendments may be examined by the public.
(5)
If, after any public hearing held upon an amendment,
the proposed amendment is changed substantially, or is revised, to
include land previously not affected by it, the Borough Council shall
hold another public hearing, pursuant to public notice, before proceeding
to vote on the amendment.
C.
Enactment Notice. In addition to the public notice
requirements defined herein, the Borough Council must publish a reference
to the time and place of the meeting at which passage of the ordinance
or amendment will be considered, and a reference to a place within
the Borough where copies of the proposed ordinance or amendment may
be examined without charge, or obtained for a charge not greater than
the cost thereof. Enactment notice shall be published at least once
in one newspaper of general circulation in Borough not more than 60
days nor less than seven days prior to passage. The published content
of the enactment notice shall be the same as that required for public
notice described in the preceding Subsection.
D.
Borough Planning Commission Referrals. For amendments
proposed by parties other than the Planning Commission, the Borough
Council shall submit each amendment at least 30 days prior to the
public hearing to the Planning Commission for review and comment.
The Planning Commission shall submit a report of its review, together
with any recommendations, to the Borough Council within 45 days from
the date of said referral. The recommendation of the Planning Commission
may include a specific statement as to whether or not the proposed
amendment is in accordance with the intent of this Chapter and any
officially adopted Comprehensive Plan of the Borough. The Borough
Council cannot act upon the amendment until it has received a recommendation
from the Planning Commission; however, should the Planning Commission
fail to submit its recommendation within 45 days, the Borough Council
may proceed without its recommendation.
E.
Clinton County Planning Commission Referrals. All
proposed amendments shall be submitted to the Planning Commission
at least 30 days prior to public hearing on such amendments. The Planning
Commission may submit recommendations to the Borough Council within
45 days of such referral. The Borough Council cannot act upon the
amendment until it has received a recommendation from the Planning
Commission; however, should the Planning Commission fail to submit
its recommendation within 45 days, the Borough Council may proceed
without its recommendation.
F.
Adjournment of Public Hearing. If during the public
hearing process, the Borough Council needs additional time to understand
the proposal, inform the public, receive public comment, and/or render
a decision, it may adjourn the public hearing to a specific time and
place.
G.
Within 30 days after enactment, a copy of the amendment
to this Chapter shall be forwarded to the Planning Commission.
3.
Amendment Initiated by the Planning Commission. When
an amendment, supplement, change or repeal is initiated by the Planning
Commission, the proposal shall be presented to the Borough Council,
which shall then proceed in the same manner as with a petition to
the Borough Council which has already been reviewed by the Planning
Commission.
4.
Amendment Initiated by the Borough Council. When an
amendment, supplement, change or repeal is initiated by the Borough
Council, such amendment, supplement, change or repeal shall follow
the procedure prescribed for a petition under 1214.B. of this Chapter.
5.
Amendment Initiated by a Petition from an Interested
Party. A petition for amendment, supplement, change or repeal for
a portion of this Chapter shall include an accurate legal description
and surveyed plan of any land to be rezoned, and all of the reasons
supporting the petition to be considered. The petition shall also
be signed by at least one record owner of the property in question
whose signature shall be notarized attesting the truth and correctness
of all the facts and information presented in the petition. A fee
to be established by Borough Council shall be paid upon the filing
of such petition for change and for the purpose of defraying the costs
of the proceedings prescribed herein. The Borough Council may require
duplicate sets of petition materials.
6.
Curative Amendment by a Landowner. A landowner, who desires to challenge on substantive grounds the validity of this Chapter or the Official Zoning Map or any provision thereof which prohibits or restricts the use or development of land in which he has an interest, may submit a curative amendment to the Council, including all of the reasons supporting the request to be considered, with a written request that his challenge and proposed amendment be heard and decided as provided in the PA MPC. The Borough Council shall commence a hearing thereon within 60 days of the request. The curative amendment shall be referred to the Planning Commission as provided for in § 27-1818, Subsection 2,of this Part and public notice of the hearing shall be provided as defined herein.
A.
In reviewing the curative amendment, the Borough Council
may deny the request, accept the request as submitted, or may adopt
an alternative amendment, which will cure the challenged defects.
The Borough Council shall consider the curative amendments, plans
and explanatory material submitted by the landowner and shall also
consider:
(1)
The impact of the proposal upon roads, sewer
facilities, water supplies, schools and other public service facilities.
(2)
If the proposal is for a residential use, the
impact of the proposal upon regional housing needs and the effectiveness
of the proposal in providing housing units of a type actually available
to and affordable by classes of persons otherwise unlawfully excluded
by the challenged provisions of the ordinance or map.
(3)
The suitability of the site for the intensity
of use proposed by the site's soils, slopes, woodland, wetlands, floodplains,
aquifers, natural resources and other natural features.
(4)
The impact of the proposed use on the site's
soils, slopes, woodlands, wetlands, floodplains, natural resources
and natural features, the degree to which these are protected or destroyed,
the tolerance of the resources to development and any adverse environmental
impacts.
(5)
The impact of the proposal on the preservation
of agriculture and other land uses which are essential to public health
and welfare.
B.
The Borough Council shall render its decision within
45 days after the conclusion of the last hearing.
C.
If the Borough Council fails to act on the landowner's
request within the time limits referred to above, a denial of the
request is deemed to have occurred on the 46th day after the close
of the last hearing.
D.
Public notice of the hearing shall include notice
that the validity of the Ordinance or Zoning Map is in question and
shall give the place where and the times when a copy of the request
including any plans, explanatory material or proposed amendments may
be examined by the public.
E.
The challenge shall be deemed denied when:
(1)
The Borough Council fails to commence the hearing
within 60 days;
(2)
The Borough Council notified the landowner that
it will not adopt the curative amendment;
(3)
The Borough Council adopts another curative
amendment which is unacceptable to the landowner; or
(4)
The Borough Council fails to act on the request
45 days after the close of the last hearing on the request, unless
the time is extended by mutual consent by the landowner and municipality.
F.
Where a curative amendment proposal is approved by
the grant of a curative amendment application by the Borough Council
pursuant to this Section or a validity challenge is sustained by the
Zoning Hearing Board or the court acts finally on appeal from denial
of a curative amendment proposal or a validity challenge, and the
proposal or challenge so approved requires a further application for
subdivision or land development, the developer shall have two years
from the date of such approval for a subdivision, land development
or planned residential development. Within the two-year period, no
subsequent change or amendment in the zoning, subdivision or other
governing ordinance or plan shall be applied in any manner which adversely
affects the rights of the applicant as granted in the curative amendment
or the sustained validity challenge. Upon the filing of the preliminary
or tentative plan, the provisions of the PA MPC shall apply.
G.
Where the proposal appended to the curative amendment
application or the validity challenge is approved but does not require
further application under the SALDO, the developer shall have one
year within which to file for a zoning permit. Within the one-year
period, no subsequent change or amendment in the zoning, subdivision
or other governing ordinance or plan shall be applied in any manner
which adversely affects the rights of applicant as granted in the
curative amendment or the sustained validity challenge. During these
protected periods, the court shall retain or assume jurisdiction for
the purposes of awarding such supplemental relief as may be necessary.
7.
Curative Amendment by the Borough Council.
A.
The Borough Council, by formal action, may declare
this Chapter or portions thereof substantively invalid and propose
to prepare a curative amendment to overcome such invalidity. Within
30 days following such declaration proposal, the Council shall:
B.
Within 180 days from the date of the declaration and
proposal, the Borough Council shall enact a curative amendment to
validate or reaffirm the validity of this Chapter pursuant to the
provisions required by the PA MPC in order to cure the declared invalidity
of the ordinance.
C.
Upon the date of the declaration and proposal, the
Borough Council shall not be required to entertain or consider any
curative amendment filed by a landowner. Nor shall the Zoning Hearing
Board be required to give a report, upon request, for a challenge
to the validity of the ordinance subsequent to the declaration and
proposal, based upon the grounds identical to or substantially similar
to those specified in the resolution required by this Section. Upon
the enactment of a curative amendment to, or the reaffirmation of
the validity of this Chapter, no rights to a cure by amendment or
challenge shall, from the date of the declaration and proposal, accrue
to any landowner on the basis of the substantive invalidity of the
Borough Zoning Ordinance for which the Borough Council propose to
prepare a curative amendment.
D.
The Borough Council, having utilized the procedures
as set forth in this Section, may not again utilize said procedures
for a thirty-six-month period following the date of the enactment
of a curative amendment, or reaffirmation of the validity of the Ordinance;
provided, however, that if after the date of declaration and proposal
there is a substantially new duty or obligation imposed upon the Borough
by virtue of a decision by any court of competent jurisdiction, the
Borough Council may utilize the provisions of this Section to prepare
a curative amendment to the ordinance to fulfill this duty or obligation.
8.
Authentication of Official Zoning Map. Whenever there
has been a change in the boundary of a zone or a reclassification
of the zone adopted in accordance with the above, the change on the
Official Zoning Map shall be made, and shall be duly certified by
the Borough Clerk/Manager and shall thereafter be refiled as part
of the permanent records of the Borough.
[A.O.]
The Borough Council shall hear and decide requests
for conditional use upon application as provided for and following
the procedures set forth in this Section of this Chapter and subject
to all applicable requirements, including but not limited to:
1.
General Criteria. Each applicant must demonstrate
compliance with the following:
A.
The proposed use shall be consistent with the purpose
and intent of this Chapter.
B.
The proposed use shall not detract from the use and
enjoyment of adjoining or nearby properties.
C.
The proposed use will not effect a change in the character
of the subject property's neighborhood.
D.
Adequate public facilities are available to serve
the proposed use (e.g., schools, fire, police and ambulance protection,
sewer, water, and other utilities, vehicular access, etc.).
F.
The proposed use shall comply with those criteria specifically listed in Part 6 of this Chapter. In addition, the proposed use must comply with all other applicable regulations of this Chapter.
G.
The proposed use will not substantially impair the
integrity of the Borough Comprehensive Plan.
2.
Filing of Conditional Use. In addition to the information
required on the zoning permit application, the conditional use application
must show:
A.
Ground floor plans and elevations of proposed structures.
B.
Names and addresses of adjoining property owners,
including properties directly across a public right-of-way.
C.
A scaled drawing (site plan) of the site with sufficient
detail and accuracy to demonstrate compliance with all applicable
provisions of this Chapter.
D.
A written description of the proposed use in sufficient
detail to demonstrate compliance with all applicable provisions of
this Chapter.
3.
Referral to Borough Planning Commission. All applications
for a conditional use shall be referred to the Borough Planning Commission
at least 30 days prior to the hearing held upon an application to
provide the Borough Planning Commission an opportunity to submit recommendations.
However, the Borough Council shall meet the time limits for a decision
provided in this Part, regardless of whether the Borough Planning
Commission has provided comments.
4.
Conditions. The Borough Council, in approving conditional
use applications, may attach conditions considered necessary to protect
the public welfare and the purposes listed above, including conditions
which are more restrictive than those established for other uses in
the same zone. These conditions shall be enforceable by the Zoning
Officer and failure to comply with such conditions shall constitute
a violation of this Chapter.
5.
Site Plan Approval. Any site plan presented in support
of the conditional use shall become an official part of the record
for said conditional use. Approval of any conditional use will also
bind the use in accordance with the submitted site plan; therefore,
should a change in the site plan be required as part of the approval
of the use, the applicant shall revise the site plan prior to the
issuance of a zoning permit. Any subsequent change to the use on the
subject property not reflected on the originally approved site plan
shall require the obtainment of another conditional use approval.
6.
Hearing Procedures. The Borough Council shall conduct
the hearing or the 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 Borough Council. However,
the appellant or the applicant, as the case may be, in addition to
may, prior to the decision of the hearing, waive decision or findings
by the Borough Council and accept the decision or findings of the
hearing officer as final.
7.
Application.
A.
All action before the Borough Council shall be initiated
by a written application for hearing, which shall be filed with the
Zoning Officer at least three weeks prior to the meeting at which
time the matter is to be heard along with all maps, plans and text
which may be relevant to the request. All applications shall be made
on forms specified by the Council. No application shall be accepted
unless the same shall be fully and legibly completed and unless all
exhibits and supplemental material required by the application shall
be attached and until all fees required shall have been paid.
B.
The Zoning Officer shall transmit the request and
any information received therewith, along with his file on said issue,
forthwith to the Borough Council.
8.
Fees. The Borough Council may prescribe reasonable
fees with respect to hearings before the Borough Council. 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
of the Borough Council, expenses for engineering, architectural or
other technical consultants or expert witness costs.
9.
Hearing Schedule. The Borough Council may conduct
hearings and make decisions at any regular or special meeting. In
no instance will a hearing be scheduled later than 60 days from the
date of the applicant's request for a hearing, unless the applicant
has agreed in writing to an extension of time.
10.
Notification of Hearing.
A.
Whenever a hearing has been scheduled, public notice
shall be given to the general public by means of publication once
each week for two successive weeks in a newspaper of general circulation
within the community. Such notice shall state the time and place of
the hearing and the particular nature of the matter to be considered.
The first publication shall not be more than 30 days and the second
publication shall not be less than seven days prior to the date of
the hearing.
B.
Written notice shall be given to the applicant, the
Borough Planning Commission, the Zoning Officer and to any person
who has made timely request for such notice.
C.
In addition to the notice provided herein, the Zoning
Officer shall conspicuously post notice of said hearing on the affected
tract of land no less than seven days prior to the date of the hearing.
D.
The applicant shall, at least five days prior to the
time appointed for said hearing, give personal notice to all owners
of property within 200 lineal feet of the affected property by either
handing a copy thereof to the said property owner(s) or by leaving
a copy at their usual place of abode or by sending written notification
by certified mail/return receipt requested to the last known address
of the property owner(s). Where the owner(s) are a partnership, service
upon any partner as above provided shall be sufficient, and where
the owner(s) are corporations, service upon any officer as above set
forth shall be sufficient.
11.
Conduct of Hearing. The hearing shall be conducted
by the Borough Council. The decision, or where no decision is called
for, the findings, shall be made by the Borough Council; however,
the appellant or the applicant, as the case may be, in addition to
the Borough, may, prior to the decision of the hearing, waive decision
or findings by the Borough Council and accept the decision or findings
of the hearing as final.
A.
Order of Hearing.
(1)
Hearing called to order.
(2)
Chairman's statement of reason for hearing.
(3)
Chairman's statement of parties to hearing.
(4)
Identification of other parties wishing to be
heard.
(5)
Outline of procedures to be followed during
hearing.
(9)
Other testimony and evidence.
(10)
Rebuttal by applicant.
(11)
Rebuttal by objectors.
(12)
Concluding remarks and notice of when decision
is expected to be made.
(13)
Adjournment of hearing.
B.
Record. The Borough Council shall keep a stenographic
record of the proceedings. The appearance fee for a stenographer shall
be shared equally by the applicant and the Borough Council. A transcript
of the proceedings and copies of graphic or written material received
in evidence shall be made available to any party at cost. The cost
of the original transcript shall be paid by the Borough Council if
the transcript is ordered by the Borough Council or shall be paid
by the person appealing from the decision of the 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.
C.
Parties. The parties to the hearing shall be any person
affected by the application who has made timely appearance of record
before the Borough Council and any other person, including civic or
community organizations permitted to appear by the Borough Council.
All persons who wish to be considered parties shall enter appearances,
in writing, on forms provided by the Borough Council for that purpose.
Persons aggrieved shall not be denied standing because they do not
reside nor have a property interest within the municipal boundaries.
D.
Representation. All parties shall have the right to
be represented by counsel and shall be afforded the opportunity to
respond and present evidence and argument, and to cross-examine adverse
witnesses on all relevant issues.
E.
Witnesses. All witnesses shall testify under oath.
The chairman or acting chairman of the Council presiding shall have
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.
F.
Evidence. The Borough Council shall not be bound by
strict rules of evidence, but it may exclude irrelevant, immaterial,
incompetent or unduly repetitious testimony or evidence. The Chairman
shall rule on all questions relating to the admissibility of evidence,
which may be overruled by a majority of the Borough Council.
G.
Communication. The Borough Council 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 the
Borough 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.
H.
Decisions.
(1)
The Borough Council shall render a written decision,
or when no decision is called for, make written findings within 45
days after the last hearing before the Borough Council. Where the
application is contested or denied, each decision shall be accompanied
by findings of fact and conclusions based thereon together with reasons
therefor. Conclusions based on any provisions of this Chapter or the
MPC shall contain a reference to the provision relied on and the reasons
why the conclusion is deemed appropriate in the light of the facts
found.
(2)
The Borough Council shall conduct its deliberations
and vote on all matters in public session at the meeting in which
evidence is concluded. If additional time for deliberation is necessary,
the Borough Council shall reschedule the deliberations to a date within
the allotted forty-five-day time limit.
(3)
All matters shall be decided by a roll-call
vote. Decisions on any matter before the Borough Council shall require
the affirmative vote of those present and voting unless otherwise
specified herein.
(4)
No member of the Borough Council shall sit in
hearing or vote on any matter in which he is personally or financially
interested. Said member shall not be counted by the Borough Council
in establishing the quorum for such matters.
(5)
No member of the Borough Council shall vote
on the adjudication of any matter unless he has attended the public
hearing thereon.
(6)
A tie vote shall be considered a rejection of
the application under consideration. However, if a person aggrieved
has appealed the grant of a permit or approval, a tie vote upholds
the prior approval.
(7)
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 next business day following
its date. To all other persons who have filed their name and address
with the Council not later than the last day of the hearing, the Borough
Council 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.
I.
Continuances. On its own motion, or by any party to
the proceeding or on approval of requests by applicant, appellants
or their authorized agents, the Borough Council may provide for continuances
of cases on which hearings have begun. Such continuances shall be
permitted only for good cause, stated in the motion and, unless time
and place is stated, shall require new public notice, with fees paid
by applicants or appellants if continuances are at their request or
result from their actions. A notice of the place, date and time of
the continued hearing shall also be posted prominently at the municipal
office where the hearing will be continued.
J.
Failure to Hold Hearing or Render Decision. Where
the Borough Council fails to render a decision within the period required,
or fails to hold a hearing within the period required, the decision
shall be deemed to have been rendered in favor of the applicant unless
otherwise specified in the MPC. However, failure to act on a validity
challenge results in a deemed denial. When a decision has been rendered
in favor of the applicant because of the failure of the Borough Council
to meet or render a decision, the Borough Council shall give public
notice of deemed approval within 10 days from the last day it could
have met to render a decision in the same manner as in Subsection
1H hereinabove.
12.
Time Limitation. If a conditional use is granted,
the necessary permit shall be secured and the authorized action begun
within two years after the date when the conditional use is finally
granted, and the building or alteration, as the case may be, shall
be completed within three years of said date. For good cause, the
Council may, at any time, upon application in writing, extend either
of these deadlines.
[A.O.]
1.
General. If compliance with any of the requirements
of this Chapter would result in an exceptional hardship to a prospective
builder, developer or landowner, the Borough of Renovo Zoning Hearing
Board may, upon request, grant relief from the strict application
of the requirements. If granted, a variance shall involve only the
least modification necessary to provide relief.
2.
Variance Procedures and Conditions. Requests for variances
shall be considered by the Borough of Renovo Zoning Hearing Board
in accordance with the procedures contained in this Section and the
following:
A.
No variance shall be granted for any construction,
development, use, or activity within any Floodway Area/District that
would cause any increase in the BFE.
B.
No variance shall be granted for any construction,
development, use, or activity within any AE Area/District without
floodway that would, together with all other existing and anticipated
development, increase the BFE more than one foot at any point.
C.
No variances shall be granted for a proposed accessory
structure that exceeds 200 square feet in size. A signed non-conversion
agreement is required as a condition of receiving the variance.
D.
Except for a possible modification of the regulatory flood elevation requirement involved, no variance shall be granted for any of the other requirements pertaining specifically to development regulated by special permit (Part 17, Article E) or to development which may endanger human life (§ 27-1734).
E.
In granting any variance, the Borough of Renovo Zoning
Hearing Board shall attach whatever reasonable conditions and safeguards
it considers necessary in order to protect the public health, safety,
and welfare, and to achieve the objectives of this Chapter.
G.
In reviewing any request for a variance, the Borough
of Renovo Zoning Hearing Board shall consider, at a minimum, the following:
H.
A complete record of all variance requests and related
actions shall be maintained by the Borough of Renovo Zoning Hearing
Board. In addition, a report of all variances, granted during the
year shall be included in the annual report to the FEMA.
I.
Notwithstanding any of the above, however, all structures
shall be designed and constructed to have the capability of resisting
the one-percent annual chance flood.
