This chapter shall apply throughout Lemoyne Borough, Cumberland
County, PA. Any activity regulated by this chapter shall only occur
in such a way that conforms to the regulations of this chapter.
A.
The provisions of this chapter shall be enforced by an official,
appointed by the Lemoyne Borough Council, who shall be known as the
Zoning Officer. The Zoning Officer may have designated an assistant,
who shall exercise all the powers of the Zoning Officer during the
temporary absence or disability of the Zoning Officer.
B.
The duties of the Zoning Officer shall be to:
(1)
Administer this chapter in accordance with its literal terms.
(2)
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 by the body having the
respective jurisdiction.
(3)
Receive and process all requests for reasonable accommodation under the Fair Housing Amendments Act and/or the American Disabilities Act, as applicable. Criteria and procedures for the handling of such requests shall be in accordance with Subsection C.
(4)
Review proposed subdivisions and land developments for compliance
with this chapter.
(5)
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.
(6)
Record and file all applications for zoning permits, certificates
of use and occupancy, and other permits as may be set forth in this
chapter and accompanying plans and documents, and keep them for public
record.
(7)
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.
(8)
Upon the request of the Lemoyne Borough Council, or the Lemoyne Zoning
Hearing Board, present to such bodies facts, records, and any similar
information on specific requests, to assist such bodies in reaching
their decisions.
(9)
Be responsible for keeping this chapter and the Official Zoning Map
up-to-date, including any amendments thereto.
(10)
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.
C.
Reasonable accommodation. The Borough complies with the Federal Fair
Housing Act (FHA), as amended, and/or the Americans with Disabilities
Act (ADA), as amended, to ensure that policies and regulations including,
but not limited to, this chapter, do not discriminate against persons
on the basis of race, color, religion, national origin, disability,
or family status.
(1)
The Borough shall grant requests for reasonable accommodations if
such requests provide equal housing and accessibility opportunities
to persons with disabilities, and such requests do not constitute
substantial changes or deviations to standards and provisions of this
chapter.
(2)
Persons requesting reasonable accommodation under the Fair Housing
Amendments Act and/or the Americans with Disabilities Act, shall submit
a request in writing to the Zoning Officer, which shall, at a minimum,
include the following information:
(a)
The name and address of the applicant.
(b)
Specific sections, standards, and provisions of this chapter
from which reasonable accommodation is being requested.
(c)
The specific description of the reasonable accommodation being
sought and the other pertinent information, including a detailed listing
of any proposed structural or location related accommodations.
(d)
The specific condition(s) of the applicant for which reasonable
accommodation is sought.
(e)
A description of the hardship, if any, that the applicants will
incur should the request for reasonable accommodation being sought
not be granted.
(f)
A description of any alternative methods of relieving the claimed
hardship that have been considered, as well as the reason, if any,
why the applicants have rejected such alternatives.
(g)
A statement describing why the requested accommodation is necessary
to afford the applicants an opportunity equal to a nonhandicapped
or nondisabled person to use and enjoy the dwelling, building, or
structure in question.
(h)
A description of the manner in which the accommodation, if granted,
will be removed, terminated, and/or discontinued if no longer necessary
to afford equal opportunity to a nonhandicapped or nondisabled person
to use and enjoy the dwelling, building, or structure in question.
(i)
A statement of any facts indicating whether or not nonhandicapped
or nondisabled persons would be permitted to utilize the property
in question in a manner similar to that which is sought by the applicant.
(3)
The Zoning Officer, at his discretion, may hold any meetings and/or
hearings to solicit information or argument pertinent to the request
for accommodation.
(4)
The Zoning Officer's decision shall be in writing and state the reasons
for the decision, including references to the specific sections of
this chapter and any other relevant and related chapters of the Code
of the Borough.
(5)
The Zoning Officer shall issue his written decision to the applicants
and the Borough within 30 days of filing of the request for accommodation.
(6)
A request for reasonable accommodation should be directed in the
first instance to the Zoning Officer. In considering a request for
reasonable accommodation, the Zoning Officer shall, with the advice
of the counsel of the Borough Solicitor and/or Borough Engineer, apply
the following criteria:
(a)
Whether the applicant is handicapped or disabled within the
meaning of the Federal Fair Housing Act Amendments and/or the Americans
with Disabilities Act.
(b)
The degree to which the accommodation sought is related to the
handicap or disability of the applicant.
(c)
A description of hardship, if any, that the applicant will incur
should the request for reasonable accommodation being sought not be
granted.
(d)
The extent to which the requested accommodation is necessary
to afford the applicant opportunities equal to a nonhandicapped or
nondisabled person to use and enjoy the dwelling, building, or structure
in question.
(e)
The extent to which the proposed accommodation may impact other
property owners in immediate vicinity.
(f)
The extent to which the proposed accommodation may be consistent with or contrary to the purposes of this chapter, most recent version of the Lemoyne Borough Comprehensive Plan, and the community development objectives set forth in Article I of this chapter relating to purpose of enactment.
(g)
The extent to which the requested accommodation would impose
financial and administrative burdens upon the Borough.
(h)
The extent to which the requested accommodation would impose
an undue hardship upon the Borough.
(i)
The extent to which the accommodation would require a fundamental
alteration in the nature of the Borough's regulatory policies, objectives,
and regulations.
(j)
The extent to which the requested accommodation would result
in a subsidy, privilege, or benefit not available to nonhandicapped
or disabled persons.
(k)
The permanency of the requested accommodation and the conditions
under which such accommodation will be removed, terminated, and/or
discontinued when it is no longer needed to provide handicapped or
disabled persons with equal opportunity to use and enjoy the dwelling,
building, or structure in question.
A.
A zoning permit indicates that a zoning application complies with this chapter to the best knowledge of the Zoning Officer or his designee. No zoning permit or certificate of use and occupancy shall be granted by him for any purpose except in compliance with the literal provisions of this chapter. The Zoning Officer may be authorized to institute enforcement proceedings as set forth in this Article XII relating to enforcement, violations, and penalties.
B.
A zoning permit is required to be issued prior to the start of any
of the following activities:
(1)
Use, occupation, erection, construction, reconstruction, addition,
conversion, alteration, movement, razing, demolition, removal, placement
or extension (vertical or horizontal) of any structure or building.
(2)
Change in the type of use and expansion of the use of a structure,
building, or area of land, including nonconformities.
(3)
Creation or establishment of a new use of a structure, building,
or area of land.
(4)
Other activities required to have a permit and/or approval by this
chapter.
(5)
No zoning permit shall be required for repairs or routine maintenance
of any structure, building, or land, provided such repairs or maintenance
do not change the use or the exterior dimensions of the structure,
building, or otherwise violate the provisions of this chapter.
C.
The Borough of Lemoyne may, at its option, issue combined or separate
building permits and zoning permits and related certificates of use
and occupancy, and may utilize a single or separate application for
the permits.
D.
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.
E.
Any zoning permit shall be issued or denied within 90 days from the
date of application.
G.
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 may be denied.
H.
Application for a zoning permit shall be made by the owner or authorized
agent of any building, structure, or land; provided, however, that
if the application is made by a person other than the owner, it shall
be accompanied by a written authorization of the owner, that the proposed
work is authorized by the owner. The full names and addresses of the
owner, applicant, and responsible officers, if the owner is a corporate
body, shall be stated in the application.
I.
The Zoning Officer may call upon other Borough of Lemoyne staff and/or
appointed consultants in the review of submitted materials for applications.
J.
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 plans on which the permit or approval
was based or for any other cause set forth in this chapter.
K.
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 of Lemoyne the fees set by ordinance or resolution
of the Lemoyne Borough 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 of Lemoyne resulting from the need
to inspect the property, respond to any complaints, issue any enforcement
notices, or process the application as soon as it is received. The
payment of such increased permit fees shall not relieve any person
from complying with all requirements of this chapter or any other
applicable Borough chapters, ordinances, regulations, or from any
penalties or enforcement actions authorized by this chapter.
L.
Issuance of permits. Upon receiving the application, the Zoning Officer
shall examine the same within the required time frame set forth in
this subsection after filing. If the application or plans do not conform
to the provisions of all applicable local laws, the Zoning Officer
shall reject such application in writing, stating the reasons therefor.
The Zoning Officer shall inform the applicant of his right to appeal
to the Lemoyne 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 zoning permit as required herein has been applied
for, the Zoning Officer shall issue a permit therefore to the maximum
extent feasible but not later than 90 days from receipt of the application.
M.
Reconsideration of application. An applicant whose request for a
zoning 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 Lemoyne Borough Council.
N.
Expiration of zoning permit. Should the applicant fail to commence
work within six months of the date of issuance of the zoning permit,
the permit shall expire; provided, however, that the same may be extended
one time for six additional months, upon written request by the applicant
at least 30 days prior to the permit expiration date, and upon subsequent
approval by the Zoning Officer.
O.
Compliance with this 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 this chapter, except as stipulated by the Lemoyne Zoning Hearing Board. This shall not relieve the applicant from obtaining any required building permit approvals as required under Chapter 200 relating to code enforcement.
P.
Compliance with permit and plot/site 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/site plan.
Q.
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 use and occupancy.
R.
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, renovation, reconstruction, repair,
remodeling or the conduct of other site improvements process. By submitting
an application for a zoning permit, the landowner or applicant authorizes
the Borough of Lemoyne to perform such inspections as required.
A.
It shall be unlawful to use and/or occupy any structure, 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.
B.
The Borough staff may permit the building permit and zoning permit
application to serve as the application for the certificate of use
and occupancy.
C.
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.
D.
The applicant shall keep a copy of the certificate of use and occupancy
available for inspection.
E.
Upon request of the applicant, the Zoning Officer may issue a temporary
certificate of use and occupancy. Such temporary certificate may permit
an activity to occur in all or part of a structure or on all or part
of the land before the entire work covered by the zoning permit has
been completed.
(1)
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.
(2)
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.
(3)
Failure to receive a permanent certificate of use and occupancy within
such time period shall be a violation of this chapter.
(4)
The temporary certificate may be conditioned upon compliance with
certain specific requirements within certain time periods.
F.
The Zoning Officer shall inspect any structure, building, or land within 15 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 Chapter 200 relating to code enforcement, a certificate of use and occupancy shall not be issued until a final inspection by the Building Code Official is complete and found to be satisfactory.
A.
A zoning permit for a temporary use or structure may be issued by
the Zoning Officer for any of the following:
(1)
Customary, routine, and accessory short-term special events, 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 or business-type activities in a zoning district where
a commercial or business use would not otherwise be permitted.
(2)
Temporary storage and office trailers that are necessary to serve
on-site construction, while such construction is actively underway.
B.
Time period. The Zoning Officer shall state a reasonable maximum time period on the temporary permit. If no time limit is stated or otherwise specifically provided in Article VII of this chapter, then a one-hundred-eighty-day maximum period shall apply. A temporary permit may be renewed not more than one additional time beyond the initial approval, for just cause.
A.
Use permitted by right. 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.
B.
Special exception use. A zoning permit under this chapter for a use
requiring a special exception shall be issued by the Zoning Officer
only in response to a written approval by the Lemoyne Zoning Hearing
Board, following a hearing, and compliance with any conditions by
the Lemoyne Zoning Hearing Board and any conditions required by this
chapter.
C.
Conditional use. A zoning permit under this chapter for a use requiring
a conditional use shall be issued by the Zoning Officer only in response
to a written approval by the Lemoyne Borough Council, following a
hearing, and compliance with any conditions by the Lemoyne Borough
Council and any conditions required by this chapter.
D.
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 Lemoyne Zoning Hearing Board,
following a hearing, and in compliance with any conditions set by
the Lemoyne Zoning Hearing Board.
A.
Submission. All applications for a zoning permit shall be made in
writing on a form provided by the Borough of Lemoyne. Such completed
application, with required fees, shall be submitted to a designated
Borough of Lemoyne official.
B.
Plot/site plan. The applicant shall submit a minimum of two copies
of a plot/site plan with the application. The plot/site plan shall
be drawn to scale and show the following:
(1)
The approximate layout of the lot, with lot width, lot area and other
applicable dimensional standards and requirements.
(2)
The total number of lots, units of occupancy, density and proposed
land use. If multiple land uses are proposed, the location of each
land use shall be indicated.
(3)
The approximate location and configuration of existing and proposed
buildings, structures, parking compounds, loading areas, streets,
access drives, driveways, minor access streets, sidewalks, easements,
and general stormwater management facilities and locations, with existing
features clearly distinguished from proposed features.
(4)
Setback lines and yards with notes showing the dimensions of all
structures and buildings from lot lines and street rights-of way.
(5)
Location of any watercourses and any one-hundred-year floodplain.
C.
Application 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:
(1)
Address of the lot.
(2)
Name and address of the applicant, and of the owner of the property
if different from the applicant.
(3)
Description of the proposed use of the property.
(4)
All other applicable information listed on the official Borough of
Lemoyne application form.
(5)
Such additional information that the Zoning Officer may determine
is reasonably necessary to determine compliance with this chapter.
(6)
Applications for zoning and/or building permits involving the construction of new principal buildings or additions/expansions to existing principal buildings, etc., in the Development Compatibility Overlay Zoning District (DCO) shall be submitted with the information required in Article VI of this chapter relating to Development Compatibility Overlay Zoning District (DCO).
D.
Application for zoning permits for nonresidential uses, excluding
demolition permits, shall include the following, unless the Zoning
Officer determines such information is unnecessary to determine compliance
with this section:
(1)
A location map showing the tract to be developed, zoning district
boundaries, adjoining tracts, significant natural features including
wetlands, stands of trees, streams, etc., and streets for a distance
of 200 feet from all tract boundaries.
(2)
A plot/site plan, certified by a qualified professional land surveyor,
engineer, or landscape architect licensed and registered to practice
in the Commonwealth of Pennsylvania, of the lot showing the location
of all existing and proposed buildings, structures, access drives,
driveways, circulation patterns, curb cuts and lot access, parking
compounds, screening, fences and walls, buffer yards, waste disposal
or other methods of sewage disposal, other construction features on
the lot, and the location of all topographical features.
(3)
An hours of operation and management plan as required in Article VII of this chapter relating to hours of operation and management plan, as applicable.
(4)
A schematic architectural drawing of the principal building(s) front
facade(s).
E.
Areas subject to flooding. If the proposed development, excavation or construction is located within an area subject Article VI of this chapter relating to Floodplain Overlay Zoning District (FPO) and to Chapter 274 relating to floodplain management, the information set forth in the applicable sections shall accompany all applications.
F.
Borough building code ordinance. Where the proposed use is regulated under Chapter 200 relating to code enforcement, the applicant may submit an application for a building permit concurrently with the zoning permit. A zoning permit will not be issued until satisfactorily meeting the requirements of Chapter 200 relating to code enforcement.
A.
At least one copy of each zoning permit application and any other
zoning approvals shall be retained in the Borough of Lemoyne files.
B.
PennDOT permit. Where necessary for access onto a state-owned street
or road, a Borough zoning and/or building permit shall be automatically
conditioned upon issuance of a PennDOT highway occupancy permit.
A.
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:
(1)
Any false statement or misrepresentation of fact in the application
or on the plans on which the permit or approval was based. (Note:
Title 18 the Pennsylvania Crimes and Offenses Code provides for penalties
for providing false information to a municipal employee in the carrying
out of his duties.)
(2)
Upon violation of any condition lawfully imposed by the Lemoyne Zoning
Hearing Board for a special exception use or a variance.
(3)
Upon violation of any condition lawfully imposed by the Lemoyne Borough
Council for a conditional use.
(4)
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.
(5)
Any other just cause set forth in this chapter.
B.
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 MPC, as amended.[1] Such appeal shall occur within the time period established
by the MPC, as amended.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
If an application under this chapter is also regulated by Chapter 480 relating to subdivision and land development, then any permit or approval under this chapter shall automatically be conditioned upon compliance with the Chapter 480 relating to subdivision and land development. However, if the granting of a variance, special exception, or conditional use is necessary, such approval shall be obtained prior to submitting an application for subdivision and/or land development approval.
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Example 1:
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If an applicant applies for a permit for a single-family detached
dwelling on a proposed new lot, the zoning and building 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 Cumberland County Recorder of Deeds.
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A.
After receiving a proper application, the Zoning Officer, within the prescribed time frames set forth in Article XII of this chapter relating to permits and certificates, shall either:
B.
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.
C.
Unless other approvals are required prior to the issuance of a permit,
after the permit under this chapter has been issued, the applicant
may undertake the action specified in the permit, in compliance with
other Borough codes and 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.
Minimum requirements. Where more than one provision of this chapter
controls a particular matter, the provision that is more restrictive
upon uses, structures, and buildings shall apply. The provisions of
this chapter are in addition to any other applicable Borough code
or ordinance.
B.
Interpretation of chapter text and boundaries.
(1)
The Zoning Officer shall literally apply the wording of this chapter and the location of all zoning district boundaries to applications; see Article I of this chapter relating to zoning districts and map. In any case, the Zoning Officer may also request an advisory opinion from the Borough Solicitor and/or Borough Engineer, or the Lemoyne Zoning Hearing Board Solicitor to aid in the Zoning Officer's determination.
(2)
If an applicant disagrees with the Zoning Officer's determination
and believes that the chapter should be interpreted in the applicant's
favor, the applicant may appeal to the Lemoyne Zoning Hearing Board.
All of the enforcement, violations and penalty provisions of
the MPC, as amended,[1] are hereby incorporated into this chapter by reference.
A.
Violations. Any person who shall commit or who shall permit any of
the following actions violates this chapter:
(1)
Failure to secure a zoning permit prior to pursuing any activity listed in Article XII of this chapter relating to permits and certificates.
(2)
Placement of false statements on or omitting relevant information
from an application for a zoning permit.
(3)
Undertaking any action in a manner which does not comply with
an approved zoning permit.
(4)
Violation of any conditions imposed by a decision of the Lemoyne
Zoning Hearing Board in granting a variance, special exception, or
other approval.
(5)
Violation of any condition imposed by a decision of the Lemoyne
Borough Council in granting a conditional use.
B.
Causes of action; enforcement; remedies.
(1)
Enforcement. If it appears to the Borough that a violation of
this chapter has occurred, the Borough shall initiate enforcement
proceedings by sending an enforcement notice. Prior to sending an
official enforcement notice, the Zoning Officer may, at his option,
informally request compliance.
(2)
Enforcement notice. The enforcement notice shall be sent to
the owner of record 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. If the owner of record of the parcel
of which the violation has occurred is not to whom the zoning permit
was issued, then the enforcement notice shall also be sent to the
person(s) whom the zoning permit was granted. An enforcement notice
shall state the following, at minimum:
(a)
The name of the owner of record and any other person against
whom the Borough of Lemoyne intends to take action.
(b)
The location and address of the property in violation.
(c)
The specific violation with a description of the requirements
which have not been met, citing, in each instance, the applicable
provisions of this chapter.
(d)
The date before which the steps for compliance must be commenced
and the date before which the steps must be completed.
(e)
That the recipient of the notice has the right to appeal to
the Lemoyne Zoning Hearing Board within a prescribed period of time
in accordance with procedures set forth in this chapter.
(f)
That failure to comply with the notice within the time specified,
unless extended by appeal to the Lemoyne Zoning Hearing Board, constitutes
a violation, with possible sanctions clearly described.
(3)
Evidence and fees. In any appeal of an enforcement notice to
the Lemoyne Zoning Hearing Board, the Borough of Lemoyne shall have
the responsibility of presenting its evidence first. Any filing fees
paid by a party to an appeal of an enforcement notice to the Lemoyne
Zoning Hearing Board shall be returned to the appealing party by the
Borough of Lemoyne if the Lemoyne Zoning Hearing Board, or any court
in a subsequent appeal, rules in the appealing party's favor.
(4)
Cause of action. If the enforcement notice is not complied with
within the specified time period, the Zoning Officer shall notify
the Lemoyne Borough Council. With the consent of the Lemoyne Borough
Council, the Borough Solicitor or other officer of the Borough of
Lemoyne 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.
(5)
Violations and penalties. 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 of Lemoyne, pay a
judgment of not more than $500, plus all court costs, including the
reasonable attorney's fees incurred by the Borough of Lemoyne as a
result thereof. 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 of Lemoyne may enforce the judgment
pursuant to the applicable rules of civil procedure. Each day that
a violation continues shall constitute a separate violation, unless
a Magisterial District Judge 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 of Lemoyne. Imprisonment shall not be authorized by
this chapter.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
The Lemoyne Borough Council may 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 Lemoyne Borough 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 Lemoyne Borough
Council.
All of the amendment provisions of the MPC, as amended,[1] are hereby incorporated into this chapter by reference.
A.
Power of amendment. The Lemoyne 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 Lemoyne Borough Planning Commission, the Lemoyne
Borough Council, or by a petition to the Lemoyne Borough Council by
an interested party.
B.
Hearing and enactment procedures for zoning amendments. Before conducting
any hearing and considering enacting any amendment, supplement, change
or repeal to this chapter including any petitions for text and rezonings
or map changes, the Lemoyne Borough Council shall comply with the
procedures and time frames established by the MPC, as amended.
(1)
Public notice. Before conducting a public hearing, the Lemoyne
Borough Council shall provide public notice as follows:
(a)
The 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.
(b)
Posting.
[1]
For Official 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, and location of the hearing.
[2]
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
of Lemoyne 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 of Lemoyne. 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.
(c)
For curative amendments, public notice shall also indicate that
the validity of this chapter 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.
(d)
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 Lemoyne Borough Council shall hold
another public hearing, pursuant to public notice, before proceeding
to vote on the amendment.
(2)
Enactment notice. In addition to the public notice requirements
defined herein, the Lemoyne Borough Council must publish a reference
to the time and place of the meeting at which passage of this chapter
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 the 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.
(3)
Lemoyne Borough Planning Commission referrals. For amendments
proposed by interested parties other than the Lemoyne Borough Planning
Commission, the Lemoyne Borough Council shall submit each amendment
at least 30 days prior to public hearing to the Lemoyne Borough Planning
Commission for review and comment. Lemoyne Borough Planning Commission
shall submit a report of its review, together with any recommendations,
to the Lemoyne Borough Council within 45 days from the date of said
referral. The recommendation of the Lemoyne Borough 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 the
most recent version of the Lemoyne Borough Comprehensive Plan. The
Lemoyne Borough Council cannot act upon the amendment until it has
received a recommendation from the Borough Planning Commission; however,
should the Lemoyne Borough Planning Commission fail to submit its
recommendation within 45 days, the Lemoyne Borough Council may proceed
without its recommendation.
(4)
Cumberland County Planning Commission referrals. All proposed
amendments shall be submitted to the Cumberland County Planning Commission
at least 30 days prior to public hearing on such amendments. The Cumberland
County Planning Commission may submit recommendations to the Lemoyne
Borough Council within 30 days of such referral. The Lemoyne Borough
Council cannot act upon the amendment until it has received a recommendation
from the Cumberland County Planning Commission; however, should the
Cumberland County Planning Commission fail to submit its recommendation
within 30 days, the Lemoyne Borough Council may proceed without its
recommendation.
(5)
Adjournment of public hearing. If, during the public hearing
process, the Lemoyne 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.
(6)
Within 30 days after enactment, a copy of the amendment to this
chapter shall be forwarded to the Cumberland County Planning Commission.
C.
Amendment initiated by a petition from an interested party.
(1)
All petitions for amendment, supplement, change, or repeal for
a portion of this chapter shall include, but not be limited to:
(a)
A statement of why proposed amendment would be in the best interests
of the Borough.
(b)
A statement of how the proposed amendment is in accordance with
the intent of this chapter.
(c)
A statement of how the proposed amendment furthers the objectives
of the most recent version of the Lemoyne Borough Comprehensive Plan.
(d)
All fee established by Lemoyne 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.
(e)
The Borough reserves the right to require duplicate sets of
petition materials and request additional information in order to
evaluate the applicability of the petition.
(2)
In addition to the requirements and procedures set forth in Article XII of this chapter relating to amendments, including specific time frames and County Planning reviews, petitions involving rezoning or map change amendments shall also be processed in accordance with the following:
(a)
Purpose of rezoning or map change procedures and requirements.
[1]
The purpose of these rezoning or map change procedures and requirements
is to protect the safety, capacity and efficiency of the Borough's
existing infrastructure systems; to maintain fiscal responsibility;
and to uphold the objectives of the most recent version of the Lemoyne
Borough Comprehensive Plan, and/or other applicable plans adopted
by Lemoyne Borough.
[2]
Borough rezoning or map change recommendations shall be based
on the projected beneficial and/or detrimental effects not only on
the immediate neighborhood, but also on the Borough as a whole.
(b)
Request for rezoning or map change. All requests for rezoning
or map change shall be accompanied by a package of the plans, analyses
and reports required below, to demonstrate the compatibility of a
rezoning or map change request.
(c)
Review of request for rezoning or map change package.
[1]
Upon receipt of a request for rezoning or map change package,
the Zoning Officer will review the package for completeness. If the
Zoning Officer finds the submission to be incomplete or insufficient,
the rezoning or map change request package will be returned to the
applicant. When the rezoning or map change request package is found
to be complete by the Zoning Officer, one copy shall be forwarded
to each member of the Lemoyne Borough Council, Borough Planning Commission,
and the Cumberland County Planning Commission. As part of the rezoning
or map change request package, the Lemoyne Planning Commission and
Lemoyne Borough Council shall consider the motivation and implications
of each plan, analysis, and report.
[2]
The Borough shall review and act on the rezoning or map change
request in compliance with the following procedural guidelines:
[a]
The Borough shall decide if the proposed rezoning
or map change request is or is not generally consistent with the most
recent version of the Lemoyne Borough Comprehensive Plan, and/or other
applicable plans adopted by Lemoyne Borough.
[b]
If the rezoning or map change request is found
to be generally consistent with the most recent version of the Lemoyne
Borough Comprehensive Plan, and/or other applicable plans adopted
by Lemoyne Borough, the Borough shall consider any projected beneficial
and/or detrimental effects not only on the immediate neighborhood,
but also on the Borough as a whole.
[c]
The Lemoyne Borough Council shall render a decision
in favor or not in favor of the rezoning or map change request proposal.
The Borough shall compose a brief summary explanation of its decision
and forward the decision and explanation to the Zoning Officer.
(d)
Rezoning or map change request criteria.
[1]
There are two categories of rezoning or map change requests:
minor and major. Minor and major rezoning or map change requests are
differentiated based on the size of the area to be rezoned and the
anticipated fiscal, physical, environmental and social impacts not
only on the immediate neighborhood, but also on the Borough as a whole.
[2]
Minor rezoning or map change requests. Minor rezoning or map
change requests are expected to have a lesser impact on the traffic,
fiscal resources and existing physical and environmental character
of the Borough. The following situations constitute eligibility for
the minor application:
[3]
Major rezoning or map change requests. Any rezoning project that does not meet either of the criteria in Subsection C(2)(d)[2] is a major application.
(e)
Rezoning or map change request package: plans, analyses and
reports.
[1]
All rezoning or map change request shall include a signature
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.
[2]
Minor rezoning or map change requests. Plans, analyses and reports
required to be submitted as part of a minor rezoning or map change
requests shall include a scaled plot/site plan certified by a qualified
professional land surveyor, engineer or landscape architect licensed
and registered to practice in the Commonwealth of Pennsylvania and
shall be submitted in accordance with the following:
[a]
Location and identification.
[i]
The name and address of the owner(s) of the tract
(or authorized agent), the developer, and the firm that prepared the
plan.
[ii]
A North arrow, a graphic scale and a written scale.
[iii]
A location map, drawn to a scale of a minimum
of one inch equals 2,000 feet, relating the subdivision and/or development
to at least two intersections of street center lines. The approximate
distance to the intersection of the center lines of the nearest improved
street intersection shall be identified.
[iv]
If the tract of land is located within 200 feet
of a Borough or zoning district boundary line(s), the location of
such boundary shall be shown and labeled accordingly.
[v]
The source of title including the deed, lot, and
plan of record number, to the subject tract.
[vi]
Tax parcel identification number(s) for the subject
tract.
[b]
Existing features.
[i]
Existing contours. Cumberland County Geographic
Information System (GIS) topography may be accepted.
[ii]
The following items when located within the subject
tract, including: the name and approximate location and approximate
dimensions of existing rights-of-way and/or easements relating to
streets, cartways, access drives, driveways, minor access streets,
sidewalks, railroads, public utilities, stormwater management facilities,
telecommunications, electric, gas, and oil transmission lines. The
approximate location of building and development features, including
building and structures, parking and loading areas, circulation patterns,
curb cuts lot access, parking stalls, screening, fences and walls,
buffer yards, waste disposal or other methods of sewage disposal,
other features; and environmental and topographic features, including,
but not limited to, floodplains, wetlands, mineral extraction sites,
woodlands, habitats for threatened and endangered species, solid waste
disposal areas, historic resources, cemetery or burial sites, archeological
sites, or areas with highly erosive soils.
[iii]
When available, the following items when located
within 200 feet of the subject tract: the names of adjacent landowners;
names and approximate location and approximate dimensions of existing
rights-of-way and/or easements relating to streets, cartways, access
drives, driveways, minor access streets, sidewalks, railroads, public
utilities, stormwater management facilities, telecommunications, electric,
gas, and oil transmission lines. The approximate location and general
uses of land, buildings, parking and loading areas, floodplains, and
wetlands.
[iv]
If applicable, existing and proposed protective
covenants running with the land.
[c]
Proposed features and plan information.
[i]
The total approximate acreage of the entire existing
tract.
[ii]
The zoning district and lot size and/or density,
and other requirements of the applicable zoning regulations.
[iii]
The approximate layout of the lot(s), with approximate
dimensions, setback lines, yards, etc.
[iv]
The total number of lots, units of occupancy,
density and proposed land use. If multiple land uses are proposed,
the location of each land use shall be indicated.
[v]
The approximate layout of streets, minor access
streets, and sidewalks including cartway and right-of-way widths.
[vi]
The approximate location and configuration of
proposed uses, building and structures, parking and loading areas,
circulation patterns, curb cuts and lot access, parking stalls, screening,
fences and walls, buffer yards, waste disposal or other methods of
sewage disposal, general stormwater management facilities and locations,
easements, and other features.
[vii]
A note on the plan indicating the types of sewer
or water facilities to be provided.
[d]
A schematic architectural drawing of the principal
building's front facade(s).
[e]
Additional information. The Borough reserves the
right to request additional information as part of the rezoning or
map change request process in order to evaluate the applicability
of the rezoning or map change request.
[3]
Major rezoning or map change requests. Plans, analyses and reports
required to be submitted as part of a major rezoning or map change
requests shall include:
[a]
All of the plans, analyses, and reports for set
forth above for minor rezoning or map change requests.
[b]
Site conditions report. The applicant shall describe
the following existing characteristics about the site proposed for
development:
[i]
Total site acreage.
[ii]
Existing zoning district(s), land use(s) and covenants.
[iii]
Existing land characteristics, including general
topographic form, site accessibility, length of public road frontage,
pattern and density of vegetative cover, significant adjacent and
long-range views to and from the site, hydrological patterns.
[iv]
Relationship of proposed development to adjacent,
existing and proposed community facilities which serve or influence
the site; available utilities; number of lots and acreage; business
areas; playgrounds; main traffic thoroughfares; elementary and high
schools; and street improvements.
[v]
Reservations, if any, by the landowner and/or developer
of any area designed for use as public grounds shall be suitable size
and location for designated uses.
[vi]
Land which is subject to flooding or subsidence
either shall be made safe for the purpose for which such land is proposed
to be used, or that such land shall be set aside for use which shall
not endanger life or lot, or further aggravate or increase existing
menace.
[vii]
A copy of the option agreement or certificate
of title shall be submitted as evidence of the applicant's interest
in the lot.
[c]
Infrastructure demand statement. The infrastructure
demand statement shall be submitted to the Borough, containing the
following information:
[e]
Fiscal impact analysis. An evaluation providing
the following information shall be completed:
[i]
Potential Borough and school district tax generation
of the proposed development.
[ii]
Population projections, including the number of
school-aged children at build-out of the proposed development.
[iii]
Length of road to be dedicated to the Borough.
[iv]
Length of sewer and water lines to be dedicated
to the Borough.
[v]
The Borough will evaluate the proposed development
of the proposed zoning in relationship to the potential development
in the existing zoning.
[f]
Additional information. The Borough reserve the
right to request additional information as part of the rezoning or
map change request review and approval process in order to evaluate
the applicability of the rezoning or map change request including,
but not limited to:
[i]
Environmental impacts that are likely to be generated
(e.g., odor, noise, smoke, dust, litter, glare, vibration, electrical
disturbance, wastewater, stormwater, solid waste, etc.) and specific
measures employed to mitigate or eliminate any negative impacts.
[ii]
Traffic impact studies in accordance with Chapter 480 relating to subdivision and land development.
[iii]
Phase I environmental assessments.
E.
Authentication of Official Zoning Map. Whenever there has been a
change in the boundary of a zoning district or a reclassification
of the zoning district adopted in accordance with the above, the change
on the Official Zoning Map shall be made, and shall be duly certified
by the designated Borough official and shall thereafter be refiled
as part of the permanent records of the Borough.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
All of the zoning hearing board provisions of the MPC, as amended,[1] are hereby incorporated into this chapter by reference.
A.
Establishment and membership.
(1)
There shall be a Zoning Hearing Board which shall consist of
three members who shall be appointed by resolution by the Lemoyne
Borough Council. The membership of the Lemoyne Zoning Hearing Board
shall consist of residents of Lemoyne Borough. Their terms of office
shall be three years and shall be so fixed that the term of office
of one member shall expire each year. The Lemoyne Zoning Hearing Board
shall promptly notify the Borough of any vacancies that occur. Appointments
to fill vacancies shall be only for the unexpired portion of the term.
Members of the Lemoyne Zoning Hearing Board shall hold no other elected
or appointed office in the Borough nor shall any member be an employee
of the Borough.
(2)
The Lemoyne Borough Council may appoint by resolution at least one but no more than three residents of the Borough to serve as alternate members of the Lemoyne Zoning Hearing Board. The term of office of an alternate member shall be three years. When seated pursuant to the provisions of this section, an alternate shall be entitled to participate in all proceedings and discussions of the Lemoyne Zoning Hearing Board to the same and full extent as provided by law for Lemoyne Zoning Hearing Board members, including specifically the right to cast a vote as a voting member during the proceedings, and shall have all the powers and duties set forth in this chapter and as otherwise provided by law. Alternates shall hold no other office in the Borough, including membership on the Borough Planning Commission and Zoning Officer. Any alternate may participate in any proceeding or discussion of the Lemoyne Zoning Hearing Board but shall not be entitled to vote as a member of the Lemoyne Zoning Hearing Board nor be compensated, unless designated as a voting alternate member pursuant to this Article XII of this chapter.
(3)
Any member of the Lemoyne Zoning Hearing Board may be removed
for malfeasance, misfeasance, or nonfeasance in office or for other
just cause by a majority vote of the Lemoyne Borough Council taken
after the member has received 15 days' advance notice of the intent
to take such a vote. A hearing shall be held in connection with the
vote if the member shall request it in writing.
B.
Organization of Zoning Hearing Board. The Lemoyne Zoning Hearing Board shall elect from its own membership its officers, who shall serve annual terms as such and may succeed themselves. For the conduct of any hearing and the taking of any action, a quorum shall be not less than a majority of all members of the Lemoyne Zoning Hearing Board, but the Lemoyne Zoning Hearing Board may appoint a hearing officer from its own membership to conduct any hearing on its behalf and the parties may waive further action by the Lemoyne Zoning Hearing Board as provided in Subsection D(2). If, by reason of absence or disqualification of a member, a quorum is not reached, the Chairman of the Lemoyne Zoning Hearing Board shall designate as many alternate members of the Lemoyne Zoning Hearing Board to sit on the Lemoyne Zoning Hearing Board as may be needed to provide a quorum. Any alternate member of the Lemoyne Zoning Hearing Board shall continue to serve on the Lemoyne Zoning Hearing Board in all proceedings involving the matter or case for which the alternate was initially appointed until the Lemoyne Zoning Hearing Board has made a final determination of the matter or case. Designation of an alternate pursuant to this section shall be made on a case-by-case basis in rotation according to declining seniority among all alternates. The Lemoyne Zoning Hearing Board may make, alter, and rescind rules and forms for its procedure, consistent with codes or ordinances of the Borough and laws of the commonwealth. The Lemoyne Zoning Hearing Board shall keep full public records of its business, which records shall be the property of the Borough, and shall submit a report of its activities to the Lemoyne Borough Council upon request.
C.
Expenditures for services. Within the limits of funds appropriated by the Lemoyne Borough Council, the Lemoyne Zoning Hearing Board may employ or contract for secretaries, clerks, legal counsel, consultants and other technical and clerical services. Members of the Lemoyne Zoning Hearing Board may receive compensation for the performance of their duties, as may be fixed by the Lemoyne Borough Council. Alternate members of the Lemoyne Zoning Hearing Board may receive compensation, as may be fixed by the Lemoyne Borough Council, for the performance of their duties when designated as alternate members pursuant to Subsection A, but in no case shall such compensation exceed the rate of compensation authorized to be paid to the members by the Lemoyne Borough Council.
D.
Hearings.
(1)
The Lemoyne Zoning Hearing Board shall conduct hearings and
make decisions in accordance with the following requirements:
(a)
Public notice shall be provided. In addition, the Lemoyne Zoning
Hearing Board shall notify in writing by mail the applicant, Zoning
Officer, and other such persons whether owners or tenants of property
located within 200 feet of the subject property for which the application
was submitted, and every other person or organization who shall have
registered with the Lemoyne Zoning Hearing Board for the purposes
of receiving such notices. Such mailed notices shall state the location
of the site and the nature of the request. It shall also state the
time, date, and location of the proposed hearing. 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.
(b)
The Lemoyne Borough Council may prescribe reasonable fees with
respect to hearing before the Lemoyne Zoning Hearing Board. Fees for
said hearings may include compensation for the secretary and members
of the Lemoyne 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 Lemoyne
Zoning Hearing Board, expenses for engineering, architectural or other
technical consultants or expert witness costs.
(c)
The first hearing before the Lemoyne Zoning Hearing 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 Lemoyne Zoning Hearing 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 its case-in-chief within 100 days of the first
hearing. Upon the request of the applicant, the Lemoyne Zoning Hearing
Board or hearing officer shall assure that the applicant receives
at least seven hours of hearing 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 its case-in-chief provided the persons opposed
to the application are granted an equal number of additional hearings
to complete their opposition to the application, provided the applicant
is granted an equal number of additional hearings for rebuttal.
(2)
The hearings shall be conducted by the Lemoyne Zoning Hearing
Board, or the Lemoyne Zoning Hearing 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
Lemoyne Zoning Hearing Board; 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 decisions or findings by the Lemoyne
Zoning Hearing Board and accept the decision or findings of the hearing
officer as final.
(3)
The parties to the hearing shall be the Borough, any person
affected by the application who has made timely appearance of record
before the Lemoyne Zoning Hearing Board, and any other person, including
civic or community organizations, permitted to appear by the Lemoyne
Zoning Hearing Board. The Lemoyne Zoning Hearing Board shall have
power to require that all persons who wish to be considered parties
enter appearances in writing on forms provided by the Lemoyne Zoning
Hearing Board for that purpose.
(4)
The Chairman or Acting Chairman of the Lemoyne Zoning Hearing
Board or the hearing officer 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.
(5)
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.
(6)
Formal rules of evidence shall not apply, but irrelevant, immaterial,
and unduly repetitious evidence may be excluded.
(7)
The Lemoyne Zoning Hearing 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 Lemoyne Zoning Hearing Board. The cost of the original
transcript shall be paid by the Lemoyne Zoning Hearing Board if the
transcript is ordered by the Lemoyne Zoning Hearing Board or hearing
officer; or shall be paid by the person appealing the decision of
the Lemoyne Zoning Hearing 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.
(8)
The Lemoyne Zoning Hearing 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 their
solicitor, unless the parties are afforded an opportunity to contest
the materials 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.
(9)
The Lemoyne Zoning Hearing 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 Lemoyne Zoning Hearing Board or hearing officer. Where the application is contested or denied, each decision shall be accompanied by the findings of fact and conclusions based thereon together with the reasons therefor. Conclusions based on any provisions of this 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 Lemoyne Zoning Hearing 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 Lemoyne Zoning Hearing Board prior to final decision or entry of findings, and the Lemoyne Zoning Hearing Board's decision shall be entered no later than 30 days after the report of the hearing officer. Except for challenges filed under Article IX of the MPC, as amended,[2] where the Lemoyne Zoning Hearing 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 D of this section, 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 Lemoyne Zoning Hearing Board to meet or render a decision as hereinabove provided, the Lemoyne Zoning Hearing Board shall give public notice of said decision with 10 days from the last day it could have met to render a decision in the same manner as provided in Subsection D of this section. If the Lemoyne Zoning Hearing 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.
[2]
Editor's Note: See 53 P.S. § 10901 et seq.
(10)
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 Lemoyne Zoning Hearing Board not later than the last day of the
hearing, the Lemoyne Zoning Hearing 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.
(11)
Effect of Lemoyne Zoning Hearing Board's decision.
(a)
If the variance or special exception is granted or the issuance
of a permit is approved, or other action by the appellant is authorized,
the necessary permit shall be secured and the authorized action begun
within two years after the date when the variance or special exception
is finally granted, or the issuance of a permit is finally approved,
or the other action by the appellant is authorized, and the building
or alteration, as the case may be, shall be completed within three
years of said date. For good cause, the Lemoyne Zoning Hearing Board
may, at any time, upon application in writing, extend either of these
deadlines.
(b)
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 appeal or his application,
and all provisions, variances and permits granted to him shall be
deemed automatically rescinded by the Lemoyne Zoning Hearing Board.
(c)
Should the appellant or applicant 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 Lemoyne Zoning Hearing
Board may, upon 10 days' notice in writing, rescind or revoke the
granted variance or special exception, or the issuance of the permit,
or permits, or the other action authorized to the appellant or applicant,
if the Lemoyne Zoning Hearing Board finds that no good cause appears
for the failure to complete within such three-year period, and if
the Lemoyne Zoning Hearing Board further finds that conditions have
so altered or changed in the interval since the granting of the variance,
permit or action, that revocation or rescission of the action is justified.
(d)
As an alternative to the preceding, an applicant can request,
as part of the original application before the Lemoyne Zoning Hearing
Board, the granting of a timetable associated with the request which
would supersede the deadlines imposed. 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 Lemoyne Zoning Hearing Board must establish
and bind a definite time frame for: issuance of a zoning permit; and
completion of construction of the project.
E.
Zoning Hearing Board's functions. The Lemoyne Zoning Hearing Board
shall have the exclusive jurisdiction to hear and render decisions
in the following matters:
(1)
Substantive challenges to the validity of this chapter, except
those brought before the Lemoyne Borough Council pursuant to § 916.1(a)(2)
of the MPC, as amended.[3]
(a)
If a challenge heard by the Lemoyne Zoning Hearing Board is
found to have merit, the decision of the Lemoyne Zoning Hearing Board
shall include recommended amendments to the challenged ordinance which
will cure the defects found. In reaching its decision, the Lemoyne
Zoning Hearing Board shall consider the 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 this chapter or Official Zoning 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 nature 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.
(c)
The Lemoyne Zoning Hearing Board shall commence its hearings
within 60 days after the request is filed unless the landowner requests
or consents to an extension of time.
(d)
The Lemoyne Zoning Hearing Board shall render its decision with
45 days after the conclusion of the last hearing. If the Board fails
to act on the landowner's request within this time limit, a denial
of the request is deemed to have occurred on the 46th day after the
close of the last hearing.
[3]
Editor's Note: See 53 P.S. § 10916.1(a)(2).
(2)
Challenges to the validity of this chapter, 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 this chapter.
(3)
Special exceptions as provided for in this chapter and subject
to all applicable requirements, including, but not limited to:
(a)
Filing requirements. In addition to the required zoning permit
information, each special exception application shall include the
following:
[1]
Ground floor plans and elevations of proposed structures.
[2]
Names and address of abutting property owners, including properties
directly across a public right-of-way.
[3]
A scaled drawing (plot/site plan) of the site with sufficient
detail and accuracy to demonstrate compliance with all applicable
provisions of this chapter.
[4]
A written description of the proposed use in sufficient detail
to demonstrate compliance with all applicable provisions of this chapter.
(b)
General criteria. Each applicant must demonstrate compliance
with the following:
[1]
The proposed use shall be consistent with the purpose and intent
of this chapter.
[2]
The proposed use shall not detract from the use and enjoyment
of adjacent or nearby properties.
[3]
The proposed use will not substantially change the character
of the subject property's neighborhood.
[4]
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.).
[6]
The proposed use shall comply with those criteria specifically listed in Article XI of this chapter. In addition, the proposed use must comply with all other applicable regulations contained in this chapter.
[7]
The proposed use will not substantially impair the integrity
of the most recent version of the Lemoyne Borough Comprehensive Plan
and/or other applicable plans adopted by Lemoyne Borough.
(c)
Conditions. The Lemoyne Zoning Hearing Board, in approving special
exception 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 zoning district. The conditions shall be enforceable
by the Zoning Officer and failure to comply with such conditions shall
constitute a violation of this chapter.
(d)
Plot/site plan approval. Any plot/site plan presented in support of the special exception pursuant to Subsection E(1)(a)[3] shall become an official part of the record for said special exception. Approval of any special exception will also bind the use in accordance with the submitted plot/site plan; therefore, should a change in the plot/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 plot/site plan shall require the obtainment of another special exception approval.
(4)
Variances. The Lemoyne 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 Lemoyne Zoning
Hearing Board may, by rule, prescribe the form of application to the
Zoning Officer. The Lemoyne Zoning Hearing Board may grant a variance,
provided that all of the following findings are made, where relevant
in a given case:
(a)
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 the unnecessary hardship is due to
such conditions, and not the circumstances or conditions generally
created by the provisions of this chapter in the neighborhood or zoning
district in which the property is located.
(b)
That because of such physical circumstances or conditions, there
is not a 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 reasonable use of the
property.
(c)
That such unnecessary hardship has not been created by the appellant.
(d)
That the variance, if authorized, will not alter the essential
character of the zoning district or neighborhood in which the property
is located, nor substantially or permanently impair the appropriate
use or development of adjacent property, and will not be detrimental
to the public welfare.
(e)
That the variance, if authorized, will represent the minimum
variance that will afford relief and will represent the least modification
possible of the regulations in issue.
(g)
Filing requirements. In addition to the required zoning permit,
each variance application shall include the following:
[1]
Ground floor plans and elevations of existing and/or proposed
structures.
[2]
Names and addresses of adjoining property owners, including
properties directly across a public right-of-way.
[3]
A scaled drawing (plot/site plan) of the site with sufficient
detail and accuracy to demonstrate compliance with all applicable
provisions of this chapter.
[4]
A written description of the proposed use in sufficient detail
to demonstrate compliance with all applicable provisions of this chapter.
(h)
Conditions. The Lemoyne Zoning Hearing Board, in approving variance
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 zoning district. These conditions shall be enforceable by
the Zoning Officer and failure to comply with such conditions will
constitute a violation of this chapter.
(i)
Plot/site plan approval. Any site/plot plan presented in support of the variance pursuant to Subsection E(4)(g)[3] shall become an official part of the record for said variance. Approval of any variance will also bind the use in accordance with the submitted plot/site plan; therefore, should a change in the plot/site plan be required as part of the approval of the use, the applicant shall revise the plot/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 plot/site plan shall require the obtainment of another variance approval.
(5)
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.
(6)
Appeals from the determination of any officer or agency charged
with the administration of any transfers of development rights or
performance density provisions of this chapter.
(8)
Appeals from the determination of the Zoning Officer or Borough
Engineer in the administration of any land use ordinance with reference
to sedimentation and erosion control, and/or stormwater management
for applications not involving a subdivision/land development.
F.
Parties appellant before the Lemoyne Zoning Hearing Board. Appeals under Subsection E(5), (6), (7), and (8), and proceedings to challenge this chapter under Subsection E may be filed with the Lemoyne Zoning Hearing Board in writing by the landowner affected, any officer or agency of the Borough of Lemoyne, or any person aggrieved. Requests for a variance or a special exception may be filed with the Lemoyne Zoning Hearing Board by any landowner or any tenant with the permission of such landowner. Any appeal shall state:
(1)
The name and address of the appellant and applicant.
(2)
The name and address of the landowner of the real estate to
be affected.
(3)
A brief description and location of the real estate to be affected
by such proposed change together with a plot/site plan drawn to scale
with sufficient clarity to show the nature and character of the request.
(4)
A statement of the present zoning classification of the real
estate in question, the improvements thereon, and the present use
thereof.
(5)
A statement of the section of this chapter under which the request
may be allowed, and reasons why it should, or should not be, granted.
G.
Time limitations.
(1)
No person shall be allowed to file any proceeding with the Lemoyne
Zoning Hearing Board later than 30 days after an application for development,
preliminary or final, has been approved by the Zoning Officer or the
agency responsible for granting such approval if such proceeding is
designed to secure reversal or to limit the approval in any manner
unless such person alleges and proves that he had no notice or 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.
(2)
The failure of anyone other than the landowner to appeal from
an adverse decision by the Zoning Officer a challenge to the validity
of this chapter or the Official Zoning Map pursuant to § 916.2
of the MPC, as amended,[5] shall preclude an appeal from a final approval except
in the case where the final submission substantially deviates from
the approved tentative preliminary approval.
[5]
Editor's Note: See 53 P.S. § 10916.2.
H.
Stay of proceeding.
(1)
Upon filing of any proceeding referred to in Subsection F above and during its pendency before the Lemoyne 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 Lemoyne Zoning Hearing 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 Lemoyne 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 Lemoyne Zoning Hearing Board by person other than the applicant, the applicant may petition the court having jurisdiction of zoning appeals to order such person to post bond as a condition to continuing the proceedings before the Lemoyne Zoning Hearing Board. After the petition is presented, the court shall hold a hearing to determine if the filing of the appeal is frivolous. At the hearing, evidence may be presented on the merits of the case. It shall be the burden of the applicant for a bond to prove the appeal is frivolous. After consideration of all evidence presented, if the court determines that the appeal is frivolous, it shall grant the petition for a bond. The right to petition the court to order the appellants to post bond may be waived by the appellee, but such waiver may be revoked by him if an appeal is taken from a final decision of the court. The question 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.
(2)
If an appeal is taken by a respondent to the petition for a
bond from an order of the court dismissing a zoning appeal for refusal
to post a bond and the appellant court sustains the order of the court
below to post a bond, the respondent to the petition for a bond, upon
motion of the petitioner and after hearing in the court having jurisdiction
of zoning appeals, shall be liable for all reasonable costs, expenses,
and attorney fees incurred by the petitioner.
I.
Appeal. Any person, taxpayer, or the Borough of Lemoyne aggrieved
by any decision of the Lemoyne Zoning Hearing Board may within 30
days after such decision of the Lemoyne Zoning Hearing Board seek
review by the Court of Common Pleas of such decision in the manner
provided by the laws of the Commonwealth of Pennsylvania and the MPC,
as amended.[6]
[6]
Editor's Note: See 53 P.S. § 10101 et seq.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A.
Filing of conditional use. For any use permitted by conditional use,
a conditional use must be obtained from the Lemoyne Borough Council.
In addition to the information required on the zoning permit application,
the conditional use application must show:
(1)
Ground floor plans and elevations of proposed structures.
(2)
Names and address of abutting property owners, including properties
directly across a public right-of-way.
(3)
A scaled drawing (plot/site plan) of the site with sufficient
detail and accuracy to demonstrate compliance with all applicable
provisions of this chapter.
(4)
A written description of the proposed use in sufficient detail
to demonstrate compliance with all applicable provisions of this chapter.
(5)
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 adjacent or nearby properties.
(c)
The proposed use will not substantially change 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 Article XI of this chapter. In addition, the proposed use must comply with all other applicable regulations contained in this chapter.
(g)
The proposed use will not substantially impair the integrity
of the most recent version of the Lemoyne Borough Comprehensive Plan,
and/or other applicable plans adopted by Lemoyne Borough.
B.
Conditions. The Lemoyne 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.
C.
Plot/site plan approval. Any plot/site plan presented in support of the conditional use pursuant to Subsection A(1) 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 plot/site plan; therefore, should a change in the plot/site plan be required as part of the approval of the use, the applicant shall revise the plot/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 plot/site plan shall require the obtainment of another conditional use approval.
D.
Hearing procedures.
(1)
Before voting on the approval of a conditional use, the Lemoyne
Borough Council shall hold a public hearing thereon, pursuant to public
notice. The Lemoyne Borough Council shall submit each such application
to the Lemoyne 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. If, after any
public hearing held upon an application, the proposed application
is revised, the Lemoyne Borough Council shall hold another public
hearing, pursuant to public notice, before proceeding to vote on the
application.
(2)
Public notice, as defined herein, shall be provided. In addition,
the Lemoyne Borough Council shall notify in writing by mail, the applicant,
Zoning Officer, and other such persons whether owners or tenants of
property located within 200 feet of the subject property for which
the application was submitted, and every other person or organization
who shall have registered with the Borough for the purposes of receiving
such notices, and other persons as the Lemoyne Borough Council shall
designate by ordinance, and to any person who has made timely request
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 Lemoyne 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.
(3)
The Lemoyne Borough Council 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.
(4)
The parties to the hearing shall be the Borough, any person
affected by the application who has made timely appearance of record
before the Lemoyne Borough Council, and any other person, including
civic or community organizations permitted to appear by the Lemoyne
Borough Council. The Lemoyne Borough Council shall have power to require
that all persons who wish to be considered parties enter appearance
in writing on forms provided by the Lemoyne Borough Council for that
purpose.
(5)
The President, Vice President, or Acting President of the Lemoyne
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.
(6)
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.
(7)
Formal rules of evidence shall not apply, but irrelevant, immaterial,
or unduly repetitious evidence may be excluded.
(8)
The Lemoyne Borough Council may keep a stenographic record of
the proceedings. The appearance fee for a stenographer shall be shared
equally by the applicant and the Lemoyne Borough Council. The cost
of the original transcript shall be paid by the Lemoyne Borough Council
if the transcript is ordered by the Lemoyne Borough Council; or shall
be paid by the person appealing the decision of the Lemoyne 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 Lemoyne 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 their
solicitor, unless 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.
(10)
The hearing shall be conducted by the Lemoyne Borough Council,
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 Lemoyne 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 Lemoyne Borough Council and accept the decision
or findings of the hearing officer as final.
(11)
The Lemoyne Borough Council shall render a written decision
or, when no decision is called for, make written findings on the conditional
use application within 45 days after the last hearing before the Lemoyne
Borough Council. Where the application is contested or denied, each
decision shall be accompanied by findings of fact or conclusions based
thereon, together with any 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
way the conclusion is deemed appropriate in the light of the facts
found.
(12)
Where the Lemoyne Borough Council fails to render the decision within the period required by this Article XII of this chapter or fails to commence, conduct or complete the required hearing as provided in Subsection E(2), 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 of an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the Lemoyne Borough Council to meet or render a decision as hereinabove provided, the Lemoyne Borough Council shall give public notice of the decision within 10 days from the last day it could have met to render a decision in the same manner as required by the public notice requirements of this Article XII of this chapter. If the Lemoyne Borough Council shall fail to provide such notice, the applicant may do so.
E.
Time limitation.
(1)
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 Lemoyne Borough Council may,
at any time, upon application in writing, extend either of these deadlines.
(2)
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 Lemoyne Borough Council.
(3)
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 Lemoyne Borough Council
may, upon 10 days' notice in writing, rescind or revoke the granted
conditional use, if the Lemoyne Borough Council finds that no good
cause appears for the failure to complete within such three-year period,
and if the Lemoyne 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.
(4)
As an alternative to the preceding, an applicant can request, as part of the original application before the Lemoyne Borough Council, the granting of a timetable associated with the request which would supersede the deadlines imposed in this Article XII of this chapter. 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 Lemoyne Borough Council must establish and bind a definite time frame for: issuance of a zoning permit; and completion of construction of the project.
