For the administration of this chapter, a Zoning Officer, who
shall not hold any elective office in the Borough, shall be appointed.
The Zoning Officer shall administer the Zoning Ordinance in accordance
with its literal terms, and shall not have the power to permit any
construction or any use or change of use which does not conform to
the Zoning Ordinance.
It shall be the duty of the Zoning Officer, and the Zoning Officer
is hereby given the power and authority, to enforce the provisions
of this chapter. The Zoning Officer shall administer the Zoning Ordinance
in accordance with its literal terms, and shall not have the power
to permit any construction or any change of use which does not conform
to the Zoning Ordinance. The Zoning Officer shall examine all applications
for permits, issue permits for construction and uses which are in
accordance with the requirements of this chapter, record and file
all applications for permits with accompanying plans and documents,
and make such reports as the Borough may require. Permits for construction
and uses which are a special exception or variance to the requirements
of this chapter shall be issued only upon written order of the Zoning
Hearing Board. Permits for a conditional use to the requirements of
this chapter shall be issued only upon the written order of the Abbottstown
Borough Council. The Zoning Officer may be authorized to institute
civil enforcement proceedings as a means of enforcement when acting
within the scope of employment.
A.
Requirement to obtain a permit. It shall be unlawful for any person
to commence work for the erection or alteration of any building or
for a change in land use until a permit has been duly issued therefor.
No such zoning permit shall be required in case of normal maintenance
activities, minor repairs, and alterations which do not structurally
change a building or structure. A zoning permit shall be required
prior to any of the following actions.
B.
Application for permits. All applications for a permit shall be made
to the Zoning Officer and shall conform to the following requirements.
A copy of all permit application materials shall be returned to the
applicant when such plans have been reviewed and acted upon by the
Zoning Officer. All applications with accompanying plans and documents
shall become public record after a permit is issued or denied.
(1)
Name, address and telephone number of applicant.
(2)
A note indicating what zoning district(s) the property is located
in.
(3)
Scaled drawings indicating:
(a)
The actual shape and dimensions of the lot to be built upon.
(b)
The exact size and location of any buildings existing on the
lot.
(c)
The required building setback lines, per applicable section
of the Zoning Ordinance.
(d)
The footprint and dimensions of any proposed building or structure,
with its location on the lot accurately shown.
(e)
The existence and intended use of each building or part of a
building.
(f)
The number of dwelling units the building is designed to accommodate.
(4)
Name of the person, firm, corporation, or associations erecting building,
structure or use, if different from the applicant.
(5)
Written consent of the owner of the building, structure, or land
to or on which the building, structure or use is to be located.
(6)
Other information as required by the Zoning Officer to demonstrate
full compliance with this and all other codes and ordinances of the
Borough of Abbottstown.
(7)
All applicable permit fees, as established by resolution by the Abbottstown
Borough Council, shall be paid.
C.
Issuance of permits. No permit shall be issued until the Zoning Officer
has certified that the proposed use of land, building, addition, alteration,
sign, or other design feature complies with all the applicable provisions
of this chapter, as well as the provisions of all other applicable
ordinances. A zoning permit issued in error shall become null and
void.
D.
Time frame for Zoning Officer action. The Zoning Officer shall act
upon a request within 30 days following the submission of a complete
application.
E.
Permit validity. Unless construction shall have been commenced within
one year of the permit issuance date, any permit issued hereunder
shall become void 12 months after said issuance date, unless a request
for extension has been submitted to and approved by the Zoning Officer.
Such request shall be filed with the Zoning Officer at least 30 days
prior to the permit expiration date.
A.
In accordance with Section 617.3(e) of the Pennsylvania Municipalities
Planning Code,[1] the Borough Council of Abbottstown shall establish reasonable
fees with respect to the administration of this chapter, including
but not limited to zoning permits, appeals, variances, special exceptions,
conditional uses, amendments, bonds, and other matters pertaining
to this chapter. Such fee schedule shall be adopted by resolution
of the Borough Council, and may be amended, from time to time and
shall be posted in the Borough Office.
[1]
Editor's Note: See 53 P.S. § 10617.3(e).
B.
Such fees shall be payable to the Borough, and until all applicable
fees, charges, and expenses have been paid in full, the application
shall be considered incomplete, and no action shall be taken on the
applications.
C.
Any fee paid by a party to appeal an enforcement notice to the Zoning
Hearing Board shall be returned to the appealing party by the Borough
if the Zoning Hearing Board, or any court in a subsequent appeal,
rules in the appealing party's favor.
It shall be the duty of the Zoning Officer, Building Permit
Officer, or other qualified individual authorized by the Borough Council,
to make the following minimum number of inspections of property for
which a permit has been issued:
A.
Beginning of construction. A record shall be made indicating the
time and date of inspection and the finding of the Zoning Officer
in regard to conformance of the construction with plans submitted
with the approved permit application. If the actual construction does
not conform to the application, a written notice of violation shall
be issued by the Zoning Officer, and such violation shall be discontinued.
Upon proper correction of the violation and receipt of written notice
from the Zoning Officer, construction shall proceed.
B.
Completion of construction. A record shall be made indicating the
time and date of the inspection and the findings of the Zoning Officer
in regard to conformance to this chapter.
A certificate of nonconformance may be issued by the Zoning
Officer upon the request of the owner of any property that is identified
as containing a nonconforming use or structure. The owner's property
and the issuance date of such certificate shall be registered in the
records of the Borough as follows:
A.
The certificate of nonconformance shall set forth in detail all of
the nonconforming conditions of said property.
B.
A copy of the certificate of nonconformance shall be retained and
filed by the Zoning Officer.
C.
The certificate shall be for the purposes of insuring the owner the
right to continue a nonconforming use in accordance with the regulations
of this chapter.
A.
Where provided for in this chapter, the Borough Council shall hear
and decide requests for conditional uses in accordance with stated
standards and criteria. In granting a conditional use, the Borough
Council may attach such reasonable conditions and safeguards, in addition
to those expressed in this chapter, as it may deem necessary to implement
the purposes of this chapter. The Board may grant approval of a conditional
use provided that the applicant complies with the following standards
for conditional uses as set forth in applicable sections of this chapter,
and that the proposed conditional use shall not be detrimental to
the health, safety, or welfare of the neighborhood.
B.
The applicant shall submit eight copies of a site plan, containing
the required information, as part of the application for conditional
use. Said site plans shall remain with the Borough Council and in
the Borough's files for its use and review as necessary. The site
plan shall contain sufficient information, studies, and other data
to demonstrate compliance with all applicable regulations.
The Borough Council shall conduct hearings and make decisions
on conditional use applications in accordance with the following:
A.
The Borough Council shall conduct hearings and make decisions in
regard to applications for conditional use in accordance with the
Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended.[1] Public notice shall be given of such hearing. In addition,
notice shall be given to the applicant, the landowner, all owners
of adjacent property, the Zoning Officer, such other persons as the
Borough Council shall designate, and any person who has made timely
requests for the same. Such notices shall be in writing and shall
be given not more than 30 days nor less than seven days prior to the
date and time set for such hearing. In addition, written notice shall
be conspicuously posted on the affected tract of land at least one
week prior to the hearing.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
The Borough Council may establish reasonable fees for the holding
of such hearing. Fees may include compensation for the Secretary,
the cost of advertising and giving notice, and other necessary administrative
overhead connected with the hearing. The cost shall not include legal
expenses in regard to the hearing, or expenses for engineering, architectural,
or other technical consultants or expert witness costs.
C.
The hearing shall be scheduled within 60 days from the date of the
applicant's request, unless the applicant has agreed in writing to
an extension of time.
D.
The parties to the hearing shall be the applicant, Zoning Officer,
any person affected by the application who has made timely appearance
of record before the Borough Council, and any other person, including
civic or community organizations permitted to appear by the Borough
Council. The Borough Council shall have the power to require that
all persons who wish to be considered parties enter appearances in
writing.
E.
The Chairperson or Acting Chairperson of the Borough Council shall
have the power to administer oaths and issue subpoenas to compel the
attendance of witnesses and the production of relevant documents and
papers, including witnesses and documents requested by the parties.
F.
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 to cross-examine adverse witnesses on all relevant
issues.
G.
Formal rule of evidence shall not apply. However, irrelevant, immaterial,
or unduly repetitious evidence may be excluded.
H.
The Borough Council shall consider any and all recommendations from
the Planning Commission on the conditional use application.
I.
The Borough Council shall keep a stenographic record of the proceedings.
The appearance fee for a stenographer shall be shared equally by the
applicant and the Borough Council. The cost of the original transcript
shall be paid by the Borough Council if the transcript is ordered
by them, or it shall be paid by the person appealing from the decision
of the Borough Council if such an appeal is made. In either event,
the cost of additional copies shall be paid by the person or persons
requesting such copy or copies. In other cases, the party requesting
the original transcript shall bear the cost thereof.
A.
The 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 governing body. 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 the Pennsylvania
Municipalities Planning Code 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 the light of the facts
found. When the Borough Council fails to render a decision within
the period required by this section or fails to hold the required
hearing within 60 days from the date of the applicant's request for
a hearing, 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.
(1)
When a decision has been rendered in favor of the applicant because
of the failure of the Borough Council to meet or render a decision
as hereinabove provided, the 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 the Pennsylvania Municipalities Planning Code.
If the Borough Council shall fail to provide such notice, the applicant
may do so.
B.
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 or her not later than the day following its date. To
all other persons who have filed their name and address with the Borough
Council not later than the last day of the hearing, the Borough Council
shall provide by mail or otherwise brief notice of the decision or
findings and a statement of the place at which the full decision or
findings may be examined.
A.
An appeal, or application for an amendment, special exception, conditional
use, or variance, from the terms of this chapter, shall be filed with
the Zoning Officer and shall contain the following information:
(1)
Name, address and telephone number of the applicant.
(2)
Name, address and telephone number of the property owner(s) of the
parcel(s) covered by the application.
(3)
A brief description and location of the parcel(s) covered by the
application.
(4)
A statement of the present zoning classification of the parcel(s)
covered by the application, the improvements thereon, and the present
use thereof.
(5)
The section of this chapter under which the appeal or application
requested may be allowed and reasons way it should be granted; or
a statement of the section of this chapter governing the situation
in which the alleged erroneous ruling is being appealed and reasons
for the appeal.
(6)
An accurate description of the present improvements and the additions
intended to be made under this application, indicating the size and
use of such proposed improvements and general construction thereof.
In addition, there shall be attached a plot plan of the real estate
to be affected, as required to accompany applications for permits,
indicating the location and size of the lot and location of improvements
now erected, and proposed to be erected thereon.
(7)
Any other pertinent data required by the Zoning Hearing Board, Borough
Council, and/or Zoning Officer, as appropriate to their individual
authorities set forth in this article.
(8)
The applicant shall submit 10 copies of a site plan, containing the
required information, as part of an application for a variance or
special exception. Said site plans shall remain with the Zoning Officer
and in the Borough's files for its use and review as necessary. The
site plan shall contain sufficient information, studies, and other
data to demonstrate compliance with all applicable regulations.
Failure to comply with any provision of this chapter, or failure
to secure permit or Zoning Hearing Board certification, when required,
shall be violations of this chapter.
A.
Enforcement notice.
(1)
The Zoning Officer is hereby authorized and directed to enforce the
provisions of this chapter and to institute civil enforcement when
acting within the scope of his or her employment.
(2)
If it appears to the Borough that a violation of any Zoning Ordinance
provision has occurred, the Zoning Officer shall initiate enforcement
proceedings by sending an enforcement notice, as provided by Section
616.1 of the Pennsylvania Municipalities Planning Code, Act 247 of
1968, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10616.1.
(3)
The enforcement notice shall be sent to the owner of the record of
the tract on which the violation has occurred, to any person who has
filed a written request to receive enforcement notices regarding said
tract, and to any other person requested in writing by the owner of
record.
(4)
An enforcement notice shall state the following at a minimum:
(a)
The name of the owner of record and any other person against
whom the Borough intends to take action.
(b)
The location 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 the chapter.
(d)
That the owner of record or other person against whom the Borough
of Abbottstown intends to take action has 15 days to commence steps
to comply with this chapter and 30 days within which to complete such
steps to be in compliance with this chapter, unless such times are
extended in writing by the Zoning Officer, for shown cause.
(e)
That the recipient of the notice has the right to appeal to
the Zoning Hearing Board within 30 days of the date of the enforcement
notice or not later than the expiration of any extension granted,
in writing, by the Zoning Officer.
(f)
The failure to comply with the notice within the time specified,
unless extended by appeal to the Zoning Hearing Board, constitutes
a violation, with possible sanctions clearly described.
(5)
In any appeal of an enforcement notice to the Zoning Hearing Board,
the Zoning Officer and the Borough shall have the responsibility of
presenting its evidence first.
(6)
Any filing fees paid by a party to appeal an enforcement notice to
the Zoning Hearing Board shall be returned to the appealing party
by the municipality if the Zoning Hearing Board, or any court in a
subsequent appeal, rules in the appealing party's favor.
B.
Causes of action. In case any building, structure, or land is, or
is proposed to be erected, constructed, reconstructed, altered, converted,
maintained, or used in violation of this chapter, the Borough Council
or, with the approval of the Borough Council, an officer of the Borough,
or any aggrieved owner or tenant or real property owner who shows
that his or her property or person will be substantially affected
by the alleged violation, in addition to other remedies, may institute
any appropriate action or proceeding to prevent, restrain, correct,
or abate such building, structure, landscaping of land, or to prevent,
in or about such premises, any act, conduct, business, or use constituting
a violation. Such action is instituted by a landowner or Borough at
least 30 days prior to the time the action is begun by serving a copy
of the complaint of the Borough Council.
C.
Enforcement remedies.
(1)
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 therefore in a civil enforcement proceeding
commenced by the Borough, pay a judgment of or not more than $500
plus all court costs, including reasonable attorney fees incurred
by the Borough and a result thereof. No judgment shall commence or
be imposed, levied, or payable until the date of the determination
of a violation by the Magisterial District Judge. If the defendant
neither pays nor timely appeals the judgment, the Borough may enforce
pursuant to the applicable rules of civil procedure. Each day that
a violation continues shall constitute a separate violation, unless
the Magisterial District Judge determining that there has been a violation
further determines that there was a good faith basis for person, partnership,
or corporation violating this chapter to the believed that there was
no such violation, in which event there shall be deemed to have been
only one such violation until the fifth day following the date of
the determination of a violation by the Magisterial District Judge
and thereafter each day that a violation continues shall constitute
a separate violation. All judgments, costs, and reasonable attorney
fees collected for the violation shall be paid over to the Borough
of Abbottstown.
(2)
The Court of Common Pleas, upon petition of the defendant, may grant
an order of stay, upon cause shown, tolling the per diem fine pending
a final adjudication of the violation and judgment.
(3)
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than the Borough the right
to commence any action for enforcement pursuant to this section.
(4)
All judgments, costs, and reasonable attorney fees collected for
the violation of this Zoning Ordinance shall be paid over to the Borough
of Abbottstown.
D.
Preventive remedies.
(1)
In addition to other remedies provided for herein, the Borough of
Abbottstown may institute and maintain appropriate actions in law
or in equity to restrain, correct or abate violations, to prevent
unlawful construction, recover damages and to prevent illegal occupancy
of a building, structure or premises. The description by metes and
bounds in the instrument if transfer or other documents used in the
process of selling or transferring shall not exempt the seller or
transfer or from such penalties or from the remedies herein provided.
(2)
The Borough of Abbottstown, its Zoning Officer or other officers
or officials, may refuse to issue any permit or grant any approval
necessary to further improve or develop any real property which has
been developed or which has resulted from a subdivision of real property
in violation of any provisions of this chapter. This authority to
deny any such permits or approvals shall apply to any of the following
applicants:
(a)
The owner of record at the time of such violation.
(b)
The vendee or lessee of the owner of record at the time of such
violation without regard as to whether such vendee or lessee had actual
or constructive knowledge of the violation.
(c)
The current owner of record who acquired the property subsequent
to the time of violation without regard as to whether such vendee
or lessee has actual or constructive knowledge of the violation.
(d)
The vendee or lessee of the current owner of record who acquire
the property subsequent to the time of violation without regard as
to whether such vendee of lessee has actual or constructive knowledge
of the violation.
(3)
No permit shall be issued nor shall any approval be granted to any applicant identified in Subsection (2)(b) above, unless such applicant complies with the conditions which would have been applicable to the property at the time the applicant acquired an interest in such real property, unless the Borough of Abbottstown waives such condition.
The Abbottstown Borough Council shall, by resolution and in
accordance with Section 903 of Act 247 of 1968,[1] as amended, appoint a Zoning Hearing Board consisting
of three members, and in accordance with Section 906 of Act 247 of
1968,[2] as amended, two alternate members. Said Zoning Hearing Board shall have such duties, powers, jurisdiction, and authority as set forth in Article IX of Act 247 of 1968,[3] as amended. Members and alternative members of the Zoning
Hearing Board shall be residents of Abbottstown Borough and shall
hold no other elected or appointed office in Abbottstown Borough.
A.
The 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 the members of the Board,
but the 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 Board, as provided in Section 908 of Act 247 of 1968,[1] as amended.
[1]
Editor's Note: See 53 P.S. § 10908.
B.
If, by reason of absence or disqualification of a member, a quorum
is not reached, the Chairperson of the Board shall designate as many
alternate members of the Board to sit on the Board as may be needed
to provide a quorum. Any alternate member of the Board shall continue
to serve on the Board in all proceedings involving the matter or case
for which the alternate was initially appointed until the 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.
C.
The Board may make, alter, and rescind rules and forms for its procedure,
consistent with ordinances of the Municipality and laws of the commonwealth.
The Board shall keep full public records of its business, which records
shall be the property of the Municipality, and shall submit a report
of its activities to the Borough Council upon its request.
The Zoning Hearing Board shall have exclusive jurisdiction to
hear and render final adjudication in the following matters, as set
forth in the Pennsylvania Municipalities Planning Code, Act 247 of
1968,[1] as amended.
B.
Challenges to the validity of a zoning ordinance raising procedural
questions or alleged defects in the process of enactment or adoption
which challenges shall be raised by an appeal taken within 30 days
after effective date of said ordinance.
C.
Appeals from the determination of the Zoning Officer, including,
but not limited to, the granting or denial of any permit, or failure
to act of the application therefore, the issuance of any case and
desist order or the registration or refusal to register any nonconforming
use, structure, or lot.
F.
Appeals from the determination of any officer or agency charged with
the administration of any performance density provisions of the Zoning
Ordinance.
G.
Appeals from the of the Zoning Officer's determination pursuant to
Section 916.2 of Act 247 of 1968, as amended.
H.
Appeals from the determination of the Zoning Officer or Borough Engineer in the administration of any land use ordinance or provision thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relate to development not involving applications under Article V and VII of Act 247 of 1968,[5] as amended.
[5]
Editor's Note: See 53 P.S. § 10101 et seq.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
The Zoning Hearing Board shall hear requests for variances where
it is alleged that the provision of the Zoning Ordinance inflicts
unnecessary hardship upon the applicant. The Board may by rule prescribe
the form of application and may require preliminary application to
the Zoning Officer. The 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; exceptional
topography; or other physical conditions peculiar to the particular
property and that the unnecessary hardship is due to such conditions
and not the circumstances or conditions generally created by the provisions
of the Zoning Ordinance in the neighborhood or district in which the
property is located.
B.
That because of such physical circumstances or conditions, there
is not possibility that the property can be developed in strict conformity
with the provision of the Zoning Ordinance and that the authorization
of a variance is therefore necessary to enable the reasonable use
of the property.
C.
That such unnecessary hardship has not been created by the applicant.
D.
That the variance, if authorized, will not alter the essential character
of the neighborhood or district in which the property is located,
will not substantially or permanently impair the appropriate use of
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 regulation in issue. In granting any variance, the
Board may attach such reasonable conditions and safeguards as it may
deem necessary to implement the purposes of the Pennsylvania Municipalities
Planning Code, Act 247 of 1968,[1] as amended, and the Zoning Ordinance of the Borough of
Abbottstown.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
Where the Borough Council of Abbottstown, in the Abbottstown
Borough Zoning Ordinance have stated special exceptions to be granted
or denied by the Zoning Hearing Board, pursuant to express standards
and criteria, the Abbottstown Borough Zoning Hearing Board shall hear
and decide requests for such special exceptions in accordance with
such standards and criteria.
A.
Applications for any special exception shall be made to the Zoning
Hearing Board through the Zoning Officer.
B.
The Zoning Officer shall concurrently refer the matter to the Abbottstown
Borough Planning Commission for a report thereon as specified in this
section.
D.
The application shall provide information sufficient to evaluate
conformance with the standards specified in the pertinent section
of this chapter.
E.
In granting a special exception, the Board may attach such reasonable
conditions and safeguards in additions to those expressed in the Zoning
Ordinance as it may deem necessary to implement the purposes of the
Municipalities Planning Code, the Abbottstown Borough Zoning Ordinance
and to anticipate and ameliorate any negative impacts on the health,
safety, and welfare of citizens residing nearby as well as the general
public. In considering special exceptions, the Board shall utilize
the following procedures:
The Zoning Hearing Board shall conduct hearings and make decisions
in accordance with the following requirements:
A.
The Zoning Hearing Board shall conduct hearings and make decisions
in accordance with the Pennsylvania Municipalities Planning code,
Act 247 of 1968,[1] as amended. Written notice shall be given to the public,
the applicant, the landowner, the Zoning Officer, all immediately
adjacent property owners, and any other person who has made a written
request for the same within 15 days of the scheduled hearing. Notices
shall be given at such time and in such manner prescribed by adopted
rules of the Zoning Hearing Board. In addition to the written notice
provided herein, written notice of said shall be conspicuously posted
at least one week prior to a scheduled hearing date. Such sign(s)
shall be at least six square feet in area and shall bear on its face,
at a minimum, the name of the hearing body and a phone number to contact
the Zoning Officer to gain additional information.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
The Borough Council may establish reasonable fees for the holding
of such hearings. Fees may include compensation for the Secretary
and members of the Zoning Hearing Board, notices and advertising costs,
and necessary administrative overhead connected with the hearing.
The costs shall not include legal expenses of the Zoning Hearing Board,
expenses for engineering, architectural or other technical consultants,
or expert witness costs.
C.
The hearing shall be held within 60 days from the date of the applicant's
request, unless the applicant has agreed in writing to an extension
of time.
D.
The hearing shall be conducted by the Board or the Board may appoint
any member as a Hearing Officer. The decision or, where no decision
is called for, the findings shall be made by the Board; however, the
appellant or the applicant, as the case may be, in addition to the
Municipality, may, prior to the decision of the Hearing Officer, waive
the decision or findings by the Board and accept the decision or findings
of the Hearing Officer as final.
E.
The parties to the hearing shall be the Borough, any person affected
by the application who has made timely appearance of record before
the Board, and any other person including civic or community organizations
permitted to appear by the Board. The Board shall have the power to
require that all persons who wish to be considered parties enter appearances
in writing on forms provided by the Board for that purpose.
F.
The Chairperson or Acting Chairperson of the 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.
G.
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 to cross-examine adverse witnesses on all relevant
issues.
H.
Formal rules of evidence shall not apply, but irrelevant, immaterial,
or unduly repetitious evidence may be excluded.
J.
The Board shall consider any and all recommendations from the Planning
Commission on a variance or special exception application.
K.
The Board or the Hearing Officer, as the case may be, shall keep
a stenographic record of the proceedings. The appearance fee for a
stenographer shall be shared equally by the applicant and the Board.
The cost of the original transcript shall be paid by the Board if
the transcript is ordered by the Board or Hearing Officer or shall
be paid by the person appealing from the decision of the Board if
such appeal is made, and in either event, the cost of additional copies
shall be paid by the person requesting such copy or copies. In other
cases, the party requesting the original transcript shall bear the
cost thereof.
A.
The Board or the Hearing Officer, as the case may be, shall render
written findings on the application within 45 days after the last
hearing before the Board or Hearing Officer. Where the application
is contested or denied, each decision shall be accompanied by findings
of fact and conclusions based thereon together with the reasons therefor.
Conclusions based on any provisions of this act 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 the
light of the facts found.
B.
If the hearing is conducted by a Hearing Officer and there has been
no stipulation that his or her decision or findings are final, the
Board shall make the Hearing Officer's report and recommendations
available to the parties within 45 days. The parties shall be entitled
to make written representations thereon to the Board prior to final
decision or entry of findings, and the Board's decision shall be entered
no later than 30 days after the report of the Hearing Officer.
C.
Where the Board fails to render the decision within the period required
by this section or fails to hold the required hearing within 60 days
from the date of the applicant's request for a hearing, the decision
shall be deemed to have been rendered in favor of the applicant, unless
the applicant has agreed in writing or on the record to an extension
of time. When a decision has been rendered in favor of the applicant
because of the failure of the Board to meet or render a decision as
hereinabove provided, the Board shall give public notice of said decision
within 10 days from the last day it could have met to render a decision
in the same manner as provided in this section. Nothing in this subsection
shall prejudice the right of any party opposing the application to
appeal the decision to a court of competent jurisdiction.
D.
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 or her not later than the day following its date. To
all other persons who have filed their name and address with the Board
not later than the last day of the hearing, the Board shall provide
by mail or otherwise, brief notice of the decision or findings and
a statement of the place at which the full decision or findings may
be examined.
Appeals under Section 909.1(a)(1), (2), (3), (4), (7), and (9)
of Act 247 of 1968,[1],as amended, may be filed with the Board in writing by
the landowner affected, any officer or agencies of the Borough, or
any person aggrieved. Requests for a variance under Section 910.2
of Act 247 of 1968,[2] as amended, and for special exception under Section 912.1
of Act 247 of 1968,[3] as amended, may be filed with the Board by any landowner
or any tenants with the permission of such landowner.
A.
No person shall be allowed to file any proceeding with the Board
later than 30 days after an application for development, preliminary
or final, has been approved by the Borough if such proceeding is designed
to secure reversal or limit the approval in any manner unless such
person alleges and proves that he or she failed to receive adequate
notice of such approval. If such person has succeeded to his or her
interest after such approval, adequate notice to his or her predecessor
in interest shall be deemed adequate notice to him or her. The failure
of anyone other than the landowner to appeal from an adverse decision
on a tentative plan or from an adverse decision by the Zoning Officer
on a challenge to the validity of this chapter or an amendment thereto
shall preclude an appeal from a final approval except in the case
where the final submission substantially deviates from the approved
tentative approval.
B.
All appeals from determinations adverse to the landowner shall be
filed by the landowner within 30 days after notice of the determination
is issued.
C.
Unless otherwise specified by the Zoning Hearing Board or by law,
a variance and/or special exception shall expire if the applicant
fails to obtain a zoning permit, and a building permit where applicable,
within one year from the date of authorization thereof by the Zoning
Hearing Board or by the court. Unless otherwise specified by the Zoning
Hearing Board or by law, a variance and/or special exception shall
expire within two years from the date of authorization thereof by
the Borough Council or by the court, if the applicant fails to complete
any erection, construction, reconstruction, alteration, or change
in the use authorized by said variance and/or special exception approval.
D.
Unless otherwise specified by the Borough Council or by law, a conditional
use shall expire if the applicant fails to obtain a zoning permit,
and a building permit where applicable, within one year from the date
of authorization thereof by the Borough Council or by the court. Unless
otherwise specified by the Borough Council or by law, a conditional
use shall expire within two years from the date of authorization thereof
by the Borough Council or by the court, if the applicant fails to
complete any erection, construction, reconstruction, alteration, or
change in the use authorized by said conditional use approval. Under
either of the above circumstances, or for any good and reasonable
cause, the Borough Council may extend the approval of a conditional
use for an additional period of up to one year upon the written request
of the applicant.
E.
Unless otherwise specified by the Zoning Officer or by law, an approved
zoning permit shall become void one year from the date of issuance
unless construction work has commenced or the change in use has been
accomplished.
A.
Upon filing of any appeal proceeding before the Zoning Hearing Board
and during its pendency before the Zoning Hearing Board, all land
development pursuant to any challenged ordinance, order, or approval
of the Zoning Officer or of any agency or body, and all official action
thereunder, shall be stayed unless the Zoning Officer or any other
appropriate agency or body certifies to the Board facts indicating
that such stay would cause imminent peril to life or property, in
which case the development or official action shall not be stayed
otherwise than by a restraining order, which may be granted by the
Zoning Hearing Board or by the court having jurisdiction of zoning
appeals, on petition, after notice to the Zoning Officer or other
appropriate agency or body. When an application for development, preliminary
or final, has been duly approved and proceedings designed to reverse
or limit the approval are filed with the Zoning Hearing Board by persons
other than the applicant, the applicant may petition to court having
jurisdiction of zoning appeals to order such person to post bond as
condition to continuing the proceedings before the Board in accordance
with Section 915.1 of Act 247 of 1968,[1] as amended.
[1]
Editor's Note: See 53 P.S. § 10915.1.
A.
The Abbottstown Borough Planning Commission shall be afforded the
opportunity to review and submit written recommendations on all variance,
special exception and conditional use applications submitted within
the Borough of Abbottstown.
B.
No application shall be granted by the Zoning Hearing Board for any
variance or special exception application or by the Borough Council
for any conditional use application until said board has received
and considered any advisory reports or recommendations made prepared
by the Abbottstown Borough Planning Commission with respect to the
location of such use in relation to growth patterns within the Borough,
and wherever appropriate, with reference to the adequacy of the site
plan design and the arrangement of buildings, driveways, access points,
parking areas, off-street loading spaces, signage, lighting and any
other pertinent features of a site plan.
C.
The Planning Commission shall have 30 days from the receipt of a
variance, special exception and conditional use application within
which to file a report or recommendations thereon. In the event that
said Commission shall fail to file its report within 30 days, such
application shall have deemed to have received a neutral review from
said agency. The Planning Commission may have representation at the
public hearing held by the Zoning Hearing Board.
