[Ord. No. 1540, 6-26-2023]
The official title of this document is the "Zoning Code for
the Town of McCandless, Pennsylvania," although it may be referred
to throughout this document as the "Town Zoning Ordinance," "Zoning
Code," or "Code."
Enacted: June 26, 2023.
Effective: July 17, 2023.
[Ord. No. 1540, 6-26-2023]
This Zoning Code is intended to guide future growth and development
by regulating land Uses within the Town of McCandless for the improvement
of the health, safety, comfort, and general welfare of its citizens.
This Code has been enacted consistent with the community development
objectives specified in the Town's Comprehensive Plan.
The provisions of this Code are the minimum requirements to
achieve the following purposes:
(A)
Provide a pleasant, attractive, healthy, safe, and convenient
environment for living, working, shopping, education, and recreation.
(B)
Preserve and improve the natural environment.
(C)
Increase property values, employment opportunities, and the
economic base of the community.
(D)
Provide safe, adequate, and attractive housing for all stages
of life.
(E)
Reduce losses from flooding.
(F)
Provide the necessary infrastructure for safe and adequate utilities
and transportation.
(G)
Provide recreational and community facilities.
(H)
Accommodate reasonable community growth management.
(I)
Provide safe, adequate, and attractive commercial, institutional,
and industrial Uses.
[Ord. No. 1540, 6-26-2023]
This Code is enacted and ordained under the grant of powers
by the General Assembly of the Commonwealth of Pennsylvania, Act 247,
The Pennsylvania Municipalities Planning Code, July 31, 1968, as amended,
hereinafter referred to as "MPC."
[Ord. No. 1540, 6-26-2023]
This Code applies to all properties and Uses located within
the corporate limits of the Town of McCandless, Pennsylvania, hereinafter
referred to as the "Town."
[Ord. No. 1540, 6-26-2023]
(A)
The terms of this Code are applied to support the intent set
forth in the Town's Comprehensive Plan.
(B)
The Town's Subdivision and Land Development Ordinance (Part
11 of the Town of McCandless Municipal Code) shall provide design
standards and other regulations pertaining to the development of land,
whereas the Zoning Code provides parameters on the Use of land. Both
documents correlate with each other to provide the overall regulations
administered by the Town Council, Zoning Officer, Planning Commission,
and Zoning Hearing Board, as specified in said Ordinances.
(C)
All Structures and land must be in full compliance with all
provisions of this Zoning Code, the Subdivision and Land Development
Ordinance (Part 11), and all other applicable regulations, and all
permits and certificates required by these regulations must be lawfully
issued before the Structure(s) or land is placed, erected, constructed,
reconstructed, moved, altered, converted, enlarged, or used.
(D)
The provisions of this Code are not intended to nullify, abolish,
or repeal any Easement, covenant, or other private agreement or restriction.
[Ord. No. 1540, 6-26-2023]
(A) The
regulations specified within this Code are the minimum requirements
for the protection of the health, safety, and general welfare and
will be applied uniformly to all individuals and businesses within
the Jurisdiction of the Town.
[Ord. No. 1540, 6-26-2023]
(A)
If the provisions of this Code are inconsistent with one another
or if the provisions of this Code conflict with provisions found in
other adopted ordinances or health regulations of the Town, the more
restrictive provision will control.
(B)
It is not the intent of this Code to interfere with, abrogate
or annul any Easement, covenant, deed restriction or other agreement
between private parties. When the provisions of this Code impose a
greater restriction than imposed by such private agreement, the provisions
of this Code will control.
[Ord. No. 1540, 6-26-2023]
(A)
Meanings and Intent. All provisions, terms, phrases, and expressions
contained in this Zoning Code are to be construed in accordance with
the Code's purposes and intent.
(B)
Headings and Graphic Illustrations.
1.
In case of any difference of meaning or implication between
the text of this Zoning Code and any heading or graphic illustration,
the text will control.
2.
Section headings and subheadings are for convenience only and
do not modify or limit the meaning or intent of any provision.
3.
Graphic illustrations are intended to help in conveying the
substance and intent of the Code's text; they should be used in interpreting
Code provisions.
(C)
Computation of Time. The time within which an act is to be completed
shall be computed by excluding the first day and including the last
day; if the last day is a Saturday, Sunday, or legal holiday, the
time within which such act must be completed shall be extended to
the next day which is not a Saturday, Sunday, or legal holiday. In
the computation of time for public hearing notice, the day of the
hearing shall be excluded.
(D)
Delegation of Authority. Whenever a provision appears requiring
the head of a department or another officer or employee to perform
an act or duty, that provision authorizes the department head or officer
to delegate the responsibility to other employees, unless the terms
of the provision specify otherwise.
(E)
Public Officials and Agencies. All public officials, bodies,
and agencies to which references are made are those of the Town of
McCandless, unless otherwise indicated.
[Ord. No. 1540, 6-26-2023]
(A)
Violations. Any violation of the zoning regulations in effect before the effective date of this Code continues to be a violation under this Code and is subject to penalties and enforcement under §
1301.280, unless the Use, development, construction, or other activity is clearly consistent with the express terms of this Code.
(B)
Nonconformities. Any legal nonconformity under the zoning regulations
in effect before the effective date of this Code continues as a legal
nonconformity under this Code, so long as the situation that resulted
in the nonconforming situation under the previous regulations continues
to exist. If, however, a nonconformity under a prior ordinance becomes
conforming because of the adoption of this Code or any subsequent
Amendment to this Code, then such situation is no longer be considered
a nonconformity.
(C)
Completion. Any Building or development for which a permit was
issued or for which complete plans were submitted before the effective
date of this Code may be completed in conformance with the issued
permit and other applicable permits and conditions, including the
plans submitted for the approval of the permit, even if such Building
or development does not fully comply with the provisions of this Code.
If construction is not commenced or completed in accordance with the
applicable permit terms, the Zoning Hearing Board may, if good cause
is shown, grant a single extension of up to six months for the construction.
If the Building or construction is not completed within the time allowed
under the original permit or any extension granted, then the Building
may be constructed, completed, or occupied only in strict compliance
with the requirements of this Code.
[Ord. No. 1540, 6-26-2023]
The provisions of this act are severable, and if any of its
provisions are ruled invalid or unconstitutional by an appropriate
authority, the validity of any of the remaining provisions of this
act shall not be affected.
[Ord. No. 1540, 6-26-2023]
(A)
The Zoning Officer administers and enforces this Zoning Code
and makes any necessary interpretations of the Zoning Map.
(B)
The Zoning Officer must maintain adequate records of all zoning
matters brought to the attention of the Town Administration, Council,
Planning Commission or Zoning Hearing Board.
(C)
The Zoning Officer, who must not hold any elective office in
the Town, is appointed by the Town Council.
[Ord. No. 1540, 6-26-2023]
(A)
Permit Types. To ensure compliance with the provisions of this
Zoning Code, the following permits are required:
1.
Zoning Permit. A Zoning Permit is required before a Person may
engage in any of the following:
a.
Construct, reconstruct, move, alter, or enlarge any Structure
or Building.
(1) Interior renovations only do not require a Zoning Permit.
b.
Change a Nonconforming Use or Structure.
c.
Create a subdivision or Land Development.
(1) The final plan must be approved according to the requirements of
the Town's Subdivision and Land Development Ordinance (Part 11) prior
to the issuance of a Zoning Permit.
d.
A Zoning Permit is not required by a change in occupancy for
existing Structures when both of the following are true:
(2)
No Building, additions, or Alterations.
2.
Certificate of Use. A Certificate Of Use is required for any
of the following:
a.
To establish the legal Use of a Structure at the time an Occupancy
Permit is issued for new construction.
b.
To change the Use of a Structure or land to a different Use.
c.
To certify the validity of Nonconforming Uses or Structures.
d.
To use a Temporary Use or Structure prior to occupancy of the
land or Structure.
(1)
A Certificate of Use for a Temporary Use or Structure must include
an expiration date.
e.
A Certificate of Use is not required by a change in occupancy
for existing Structures when both of the following are true:
(2)
No Building, additions, or Alterations.
3.
Sign Permit. A Sign permit is required before any Person may
erect, move, alter, enlarge, or reconstruct any Sign, unless exempt
under the provisions of Article 1305.
4.
Conditional Use Permit. A Conditional Use permit is required as identified in the Use Tables in Article 1303 and must be approved according to the process in §
1301.250.
(B)
Permit Expiration. A permit will become null and void if the
work authorized has not commenced within one year from the date of
issuance or is not completed within five years from the date of the
preliminary approval of the Land Development.
1.
The Applicant may submit a written request for an extension
prior to the one-year expiration for commencement or the five-year
expiration for completion of work.
2.
If the scope of work conforms to the plat or plan originally
approved and the development can be completed within the aforesaid
five-year period, the Zoning Officer may issue a new permit.
3.
If the development cannot be completed within the five-year
period, the request for an extension of the time constraints may be
approved by Council with or without changes to the originally approved
plat or plan.
(C)
Permit Revocation. Every permit is revocable when the Zoning
Officer determines that the Applicant or occupant is not complying
with every condition required by the issuance of such permit.
(D)
Supplementary Provisions. No Zoning Permit, Certificate of Use,
or any other permit referenced in this Code will be issued for a property
unless the Owner of that property complies with all other ordinances,
laws, and regulations of federal and state government and the Town.
Additionally, no such permit will be issued where a charge for drinking
water, wastewater, and stormwater; real estate taxes; or other municipal
charges associated with the Use or ownership of the property have
not been paid and are past due.
[Ord. No. 1540, 6-26-2023]
For any permit type in §
1301.220(A) and applications to the Zoning Hearing Board (§
1301.260), a complete application must be submitted to the Zoning Officer in a form established by the Zoning Officer along with a nonrefundable fee established to defray the costs of processing the application. No application will be processed until the Zoning Officer determines that the application is complete, and the required fee has been paid.
(A)
General Requirements. At minimum, all applications must include
the following information:
1.
The name, address, and contact information of the Applicant.
2.
The name, address, and contact information of the Owner of the
real estate to be affected by such proposal.
3.
A brief description and location of the real estate to be affected
by such proposal, including the Property Identification Number.
4.
A statement of the present zoning classification of the real
estate in question, the improvements thereon, and the present Use.
5.
A survey showing the existing conditions and proposed changes.
Applications for a change in Use only with no construction, additions,
or exterior Alterations are exempt from this requirement.
6.
Additional information that the Zoning Officer may determine
is reasonably necessary to determine compliance with this Part.
(B)
Conditional Use Permit Requirements. In addition to the information required in §
1301.230(A), an application for a Conditional Use permit must show how the property, as it may be improved, meets the standards and criteria required for the Conditional Use.
(C)
Variances and Appeals. In addition to the information required in §
1301.230(A), an application for a Variance or an Appeal must include:
1.
A statement of the Section of this Code under which the Appeal
or application is filed and reasons why it should be granted or a
statement of the section of this Code governing the situation in which
the alleged erroneous ruling is being Appealed and reasons for the
Appeal.
2.
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.
(D)
Special Exceptions. In addition to the information required in §
1301.230(A), an application for a Special Exception must include:
1.
A written application for a Special Exception on a form provided
by the Zoning Officer stating the grounds on which it is requested.
2.
A site plan showing conformance with all Special Exception criteria
regarding the site and Use.
3.
The Zoning Hearing Board may require specific plans as part
of the submission.
[Ord. No. 1540, 6-26-2023]
Applications must be accompanied by a nonrefundable fee according
to the schedule established from time to time by Council. Applications
may be considered incomplete by the Zoning Officer if the required
fee is not provided.
[Ord. No. 1540, 6-26-2023]
Uses requiring a Conditional Use permit will follow the review
and zoning approval procedures described in this section.
(A)
The application will be reviewed by the Zoning Officer for completeness
and distributed to the Planning Commission, Town Council, and any
other relevant authority deemed necessary by the Zoning Officer.
(B)
The Zoning Officer will provide a report in writing or in person
to the Planning Commission or Town Council stating whether the proposal
complies with this Part.
(C)
The Planning Commission will be given the opportunity to review
the Conditional Use application and to submit a recommendation to
the Town Council within 60 days of the date of application. Town Council
may proceed if no recommendation is received.
(D)
The Town Council must approve, conditionally approve, or disapprove
the Conditional Use application after receiving the reports of the
Zoning Officer and Planning Commission, if submitted.
1.
In granting a Conditional Use, the Town Council may require
such reasonable conditions and safeguards (in addition to those expressed
in this Part) as it determines are necessary to implement the purposes
of this Part.
2.
The decision of the Town Council must be delivered to or mailed
to the last known address of the applicant or applicant's representative.
3.
The Town Council must approve a Conditional Use if the Council
finds adequate evidence that the proposed Use:
a.
Complies with any specific requirements for the Use identified
in Article 1303.
b.
Complies with other applicable sections of this Part.
c.
Generally will be capable of meeting applicable sections of
the Subdivision and Land Development Ordinance (Part 11).
d.
Will not clearly conflict with other Town ordinances or state
or federal laws or regulations known to the Town. The Town may require
an applicant to prove compliance, or to prove that appropriate applications
have been submitted to obtain such compliance.
e.
Will not result in or significantly add to a significant traffic
hazard or significant net increase in traffic congestion, after taking
into account any improvements proposed to be funded or completed by
the applicant.
f.
Will not create a significant public safety hazard, including
fire, toxic or explosive hazards.
g.
Will follow adequate, professionally accepted engineering methods
to manage stormwater. Stormwater shall not be one of the criteria
in making a decision under this Part if the application clearly would
be subject to a separate engineering review and an approval of stormwater
management by the Planning Commission under the Subdivision and Land
Development Ordinance (Part 11).
h.
Will not negatively affect the desirable character of an existing
residential neighborhood in a significant way.
i.
Will involve adequate site design methods, including plant screening
and Setbacks as needed to avoid significant negative impacts on adjacent
Uses.
j.
Will not alter the established character and use of the neighborhood
or district in which it is located, and will not substantially impair
the use or development of adjacent properties.
k.
Will comply with the objectives of this Part and is consistent
with the Comprehensive Plan.
l.
Will be located on a suitable site in terms of topography and
soil conditions and size, based on number of projected users and the
frequency of use of the proposed Use.
m.
Will provide for safe, adequate vehicular and pedestrian access,
efficient internal circulation, and sufficient off-street parking
and loading, will have access from a street capable of handling the
traffic generated by the proposed Use, will not result in undue traffic
congestion and hazardous conditions on adjacent streets.
n.
Will comply with all applicable standards and requirements for
providing sanitary sewage disposal, water supply, stormwater drainage,
solid and toxic waste storage and disposal.
(E)
Lapse of Approval. Approval of a Conditional Use application
shall lapse under the following circumstances:
1.
Approvals Involving Physical Improvements. For Conditional Use
approvals that involve physical improvements, if said improvements
have not been substantially initiated within one year of the date
of approval, the approval shall lapse. The approval shall also lapse
if, after starting construction, the construction is discontinued
for a period of one year or more. If approval is granted by Town Council
of a Land Development Plan facilitating the construction of the Conditional
Use within the period that the Conditional Use approval remains valid,
the time allowed to substantially initiate physical improvements for
the Conditional Use shall be extended by six months from the date
the Land Development approval is granted. No physical improvements
shall be made after approval lapses unless the approval or authorization
is renewed pursuant to the regulations of this Article.
2.
Approvals Not Involving Physical Improvements. For Conditional
Use approvals that do not involve physical improvements, if a Certificate
of Use has not been issued within one year of the date of approval,
the approval shall lapse. No Certificate of Use shall be issued after
approval lapses unless the approval is renewed pursuant the regulations
of this Article.
[Ord. No. 1540, 6-26-2023]
(A)
Members and Organization.
1.
Members are appointed according to the Town Code §
123.03.
2.
The removal of members and organization of the Zoning Hearing
Board will be in accordance with the MPC 53 P.S. § 10101,
as amended.
(B)
Jurisdiction. The jurisdiction of the Zoning Hearing Board and
of the Town Council are in accordance with the requirements of the
MPC 53 P.S. § 10101, as amended.
(C)
Function.
1.
Variances. The Zoning Hearing Board will hear and decide requests
for Variances where it is alleged that the provisions of the Zoning
Code inflict unnecessary hardship upon the Applicant. In granting
any Variance, the Board may attach such reasonable conditions and
safeguards as it may deem necessary to implement the purposes of this
Code. The Board may grant a Variance provided the following findings
are made where relevant to 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 that the unnecessary hardship is due
to such conditions and not the circumstances or conditions generally
created by the provisions of the Zoning Code in the neighborhood or
district in which the property is located.
b.
That because of such physical circumstances or conditions, there
is no reasonable possibility that the property can be developed in
strict conformity with the provisions of the Zoning Code 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, nor substantially or permanently impair the appropriate use
or development of Adjacent Property, nor 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.
2.
Special Exceptions. The Zoning Hearing Board will hear and decide
requests for Special Exceptions authorized by specific provisions
of this Code.
a.
Standards and Criteria. The decision will be based on the standards
and criteria stated in this Code. In granting a Special Exception,
the Board may attach such reasonable conditions as it may deem necessary
to implement the purposes of the MPC and this Zoning Code.
b.
The Zoning Hearing Board shall conduct a public hearing in accordance with the procedures specified in §
1301.260(D).
c.
The Zoning Hearing Board, before it grants a Special Exception,
will make findings of fact, and state its reasons for granting the
Special Exception, said findings of fact must include:
(1)
That the Use will not endanger the public health or safety if
located where proposed and developed and that the Use will not allow
conditions which will tend to generate nuisance conditions including
but not limited to noise, dust, glare, vibration.
(2)
That the Use meets all applicable express standards and criteria
as specified in this ordinance, as well as the specifications set
forth in the district where it is proposed to be located.
(3)
That the location and the character of the Use, if developed
according to the plan as submitted and approved, will be in harmony
with the area in which it is to be located and in general conformity
with the Comprehensive Plan for the Town of McCandless.
3.
Appeals. The Zoning Hearing Board will hold hearings on Appeals
from rulings of the Zoning Officer and challenges to the validity
of the Zoning Code or Zoning Map.
a.
The Zoning Hearing Board will hear and decide Appeals where
it is alleged that the Zoning Officer has failed to follow prescribed
procedures or has misinterpreted or misapplied any provision of a
valid code or map.
b.
The Zoning Hearing Board will hear challenges to the validity
of the Zoning Code or Zoning Map except challenges based on an alleged
defect in the process of enactment or adoption. The Board will decide
all contested questions and will make findings on all relevant issues
of fact which will become part of the record on Appeal to the Court
of Common Pleas.
4.
Nonconforming Uses. The Zoning Hearing Board will hear and decide
requests for a change from an existing Nonconforming Use to another
Nonconforming Use.
a.
Standards and Criteria. The proposed Use may not detract from
the character of the neighborhood to a greater extent than the existing
Use. The Board will evaluate any change in hours of operation, extent
of activity, traffic generated, noise, and any other appropriate matters
in deciding if the proposed Use is or is not more nonconforming than
the existing Use. In permitting such a change, the Board may require
appropriate conditions and safeguards.
5.
General. Private covenants contained in any Deed or Declaration
are not enforceable by the Town; however, such covenants may, as a
factor, be considered in the exercise of its sound discretion by the
Town Zoning Hearing Board when called upon to consider applications
for Special Exceptions, Appeals, and Variance requests and neighborhood
compatibility factors related thereto.
(D)
Hearings.
1.
Notice. Notice of the time and place of the hearing and nature
of the matter to be considered at a hearing will be given to the public,
the Applicant, the Zoning Officer, and any Person who has made a timely
request for same. Notices will be given according to the time and
manner prescribed by the Zoning Hearing Board and the requirements
of the MPC 53 P.S. § 10101, as amended.
2.
Timing. The hearing must be held within 60 days of receipt of
written request for a hearing unless the Applicant has agreed in writing
to an extension of time. Any prescribed fees shall be paid prior to
the hearing.
3.
Parties. The parties to the hearing will be the Town, any Person
affected by the application who has made timely appearance of record
before the Board, and any other Person, including civic or community
organization permitted to appear by the Board. The parties will have
the right to be represented by counsel and will be afforded the opportunity
to respond and present evidence and argument and cross-examine adverse
witnesses on all relevant issues.
4.
Conduct of Hearing.
a.
The Chair or Vice Chair of the Zoning Hearing Board has the
power to administer oaths and issue subpoenas to compel the attendance
of witnesses and the productions of relevant documents and papers
including witnesses and documents requested by the parties. Formal
rules of evidence do not apply but irrelevant, immaterial, or unduly
repetitious evidence may be excluded.
b.
The Zoning Hearing Board:
(1)
Will not communicate directly or indirectly with any party or
his representative in connection with any issue involved unless notice
and opportunity is given for all parties to participate.
(2)
Will not take notice of any communication, reports, staff memoranda
or other materials unless all parties are afforded an opportunity
to review and contest the materials.
(3)
Will 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.
c.
The Zoning Hearing Board will keep a stenographic record of
the proceedings.
(1)
The cost of the original transcript will be paid by the Board
if the transcript is ordered by the Board or hearing officer.
(2)
In other cases, the party requesting the original transcript
will bear the cost.
(3)
Copies of the graphic or written material received in evidence
will be made available to any party at cost.
d.
Any decision or findings of the Zoning Hearing Board may be
appealed to court by any party to the hearing within 30 days from
the date of the decision or findings.
5.
Decision.
a.
A copy of the final decision or findings shall be mailed to
the Applicant not later than the day following its date. The Zoning
Hearing Board shall provide a brief notice of the decision or findings
to all other Persons who have filed a written request for same. Should
more than 60 days elapse between receipt of a written request for
a hearing and the start of the hearing, or more than 45 days elapse
between the end of the last hearing and a written decision, a decision
shall be deemed to have been rendered in favor of the Applicant unless
the Applicant has agreed in writing to an extension of time.
b.
When a decision has been rendered in favor of the Applicant
because of the failure of the Board to meet or render a decision,
the Board will give public notice of such decision within 10 days
after the last day that the Board could have met.
(E)
Time Limitations. The time limitations for raising certain issues
and filing certain proceedings with the Zoning Hearing Board are in
accordance with the MPC 53 P.S. § 10101, as amended.
(F)
Stay of proceedings are in accordance with the MPC 53 P.S. § 10101,
as amended.
[Ord. No. 1540, 6-26-2023]
(A)
Organization. The Planning Commission will elect its own chair
and vice chair and create and fill such other offices it deems appropriate.
Officers will serve annual terms and may succeed themselves. The Commission
may make and alter any laws and rules and regulations to govern its
procedure consistent with the laws of the Commonwealth. The Commission
will keep a full record of its business and will annually make a written
report by March 1 of each year of its activities to Town Council.
(B)
Membership and Function. The Planning Commission will have the
membership and function as defined in Article 123.
(C)
Powers and Duties.
1.
The Planning Commission will have the power and is required
to:
a.
Prepare the Comprehensive Plan for the development of the Town.
b.
Maintain and keep on file records of its action. All records
and files of the Commission must be in the possession of Town Council.
2.
The Planning Commission at the request of Town Council may:
a.
Prepare and present for consideration to Town Council and, after
adoption, maintain for Council, an official map and make recommendations
to Council on proposed changes to it.
b.
Prepare and present to Council a zoning ordinance and make recommendations
to Council on proposed Amendments to it.
c.
Prepare and administer the Subdivision and Land Development
Ordinance (Part 11).
d.
Prepare and administer planned residential development regulations.
e.
Prepare and present to Council a building code and make recommendations
on proposed Amendments to it.
f.
Prepare and present to Council a housing code and make recommendations
on proposed Amendments to it.
g.
Submit to Council a recommended capital improvement program.
h.
Promote public interest in, and understanding of, the Comprehensive
Plan and planning.
i.
Hold public hearings and meetings.
j.
Require from other departments and agencies of the Town such
available information as relates to the work of the Planning Commission.
k.
Enter upon any land to make examinations and surveys either
after permission has been obtained from the Owner or after public
notices.
3.
In the performance of its powers and duties, any act or recommendation
of the Planning Commission which involves engineering consideration
shall be subject to the approval of a professional engineer licensed
as such in the Commonwealth of Pennsylvania.
[Ord. No. 1540, 6-26-2023]
(A)
Whenever the Zoning Officer or other authorized Town representative
determines that there are reasonable grounds to believe that there
has been a violation of any provision of this Code, or of any regulation
adopted pursuant thereto, the Zoning Officer will initiate enforcement
proceedings by sending an enforcement notice as provided in this Code.
(B)
The enforcement notice must be sent to the Owner of record of
the Lot on which the violation has occurred, to any Person who has
filed a written request to receive enforcement notices regarding that
Lot, and to any other Person requested in writing by the Owner of
record.
(C)
An enforcement notice must include the following minimum information:
1.
The name of the Owner of record and any other Person against
whom the Town intends to take action.
2.
The location of the property in violation.
3.
The specific violation with a description of the requirements
which have not been met, citing in each instance the applicable provisions
of this Code.
4.
The date before which the steps for compliance must be commenced,
not to exceed 30 days from receipt of notice, and the date before
which the steps must be completed.
5.
An outline of remedial action which, if taken, will affect compliance
with the provisions of this Code, or any part thereof, and with any
regulations adopted pursuant thereto.
6.
A statement indicating that the recipient of the notice has
the right to Appeal to the Zoning Hearing Board within a prescribed
period of time, in accordance with procedures set forth elsewhere
in this Code.
7.
A statement indicating that failure to comply with the notice
within the time specified, unless extended by Appeal to the Zoning
Hearing Board, constitutes a violation, with possible sanctions clearly
described.
(D)
In any Appeal of an enforcement notice to the Zoning Hearing
Board, the Town has the responsibility to present its evidence first.
(E)
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 Town if the Zoning Hearing Board, or any court in a subsequent
Appeal, rules in the Appealing party's favor.
(F)
Causes of Action. In case any Building, Structure, landscaping,
or land is, or is proposed to be, erected, constructed, reconstructed,
altered, converted, maintained, or used in violation of any ordinance
enacted by the Town or prior enabling laws, the Town Council or, with
the approval of the Town Council, an officer of the Town, or any aggrieved
Owner or tenant of real property who shows that his property or Person
will be substantially affected by the alleged violation, in addition
to other remedies, may institute any appropriate action or proceeding
to prevent, restrain, correct or abate such Building, Structure, landscaping
or land, or prevent, in or about such Premises, any act, conduct,
business or Use constituting a violation. When any such action is
instituted by a Landowner or tenant, notice of that action shall be
served upon the Town at least 30 days prior to the time the action
is begun by serving a copy of the complaint to the Town Council. No
such action may be maintained until such notice has been given.
(G)
Enforcement Remedies. Any Person, partnership, corporation who
or which performs work at their direction who or which has violated
or permitted the violation of this Zoning Code shall, upon being found
liable therefore in a civil enforcement proceeding commenced by the
Town before, pay a judgment of not more than the amount identified
in the MPC, plus all court costs, including reasonable attorney's
fees incurred by the Town as a result thereof. No judgment shall commence
or be imposed, levied or payable until the date of the determination
of the violation by the Magisterial District Judge. If the defendant
neither pays nor timely Appeals the judgment, the Town may enforce
the judgment pursuant to the applicable rules of civil procedure.
Each day a violation exists constitutes a separate offense. Further,
the appropriate officers or agents of the Town are hereby authorized
to issue a cease-and-desist notice or to seek equitable relief, including
injunction, to enforce compliance. No bond will be required if injunctive
relief is sought by the Town. Any of the previously mentioned who
or which violates this section shall also be responsible for the Town's
attorney's fees, engineering fees, expert fees and court costs associated
with enforcement.
(H)
If petitioned, the Court of Common Pleas may grant a stay on
the per diem fine pending a final adjudication of the violation and
judgment.
(I)
Nothing contained in this Code shall be construed or interpreted
to grant any Person or entity other than the Town the right to commence
any action for enforcement to this Code.
[Ord. No. 1540, 6-26-2023]
(A)
General.
1.
Town Council Action.
a.
The Town Council may, from time to time, amend, supplement,
or repeal any of the regulations and provisions of this Part.
b.
Before voting on the enactment of an Amendment, the Town Council
must hold a Public Hearing thereon, pursuant to the public notice
requirements of the MPC. In addition, if the proposed Amendment involves
a Zoning Map change, notice of said Public Hearing must be conspicuously
posted by the Town at points deemed sufficient by the Town along the
perimeter of the tract to notify potentially interested citizens.
The affected tract or area must be posted at least one week prior
to the date of the hearing.
c.
In the case of an Amendment other than that prepared by the
Planning Commission, the Town Council must submit each such Amendment
to the Planning Commission at least 30 days prior to the hearing on
such proposed Amendment to provide the Planning Commission an opportunity
to submit recommendations.
2.
Report of the Planning Commission. The Planning Commission may
submit a report of findings and recommendations to the Town Council
on a proposed Amendment. The Planning Commission may consider the
following in its review of a proposed Amendment:
a.
For Zoning Code text Amendments:
(1)
Whether such change is consistent with the aims and principles
embodied in this Part for the zoning district(s) concerned.
(2)
Which areas, land Uses, Structures, and establishments in the
Town will be directly affected by such change, and in what way they
will be affected.
(3)
The indirect implications of such change in its effect on other
regulations.
(4)
Whether such proposed Amendment is consistent with the aims
of the Town Comprehensive Plan.
b.
For Zoning Map Amendments:
(1)
Whether the Uses permitted by the proposed change would be appropriate
in the area concerned.
(2)
Whether adequate public school facilities and other public services
exist or can be created to serve the needs of any additional residences
likely to be constructed because of such change.
(3)
Whether the proposed change is in accord with any existing or
proposed plans in the vicinity.
(4)
The effect of the proposed Amendment upon the growth of the
Town as envisaged by the Town's Comprehensive Plan.
(5)
Whether the proposed Amendment is likely to result in an increase
or decrease in the total zoned residential capacity of the Town and
the probable effect thereof.
3.
Referral to County Planning Commission. At least 30 days prior
to the Public Hearing, the Town Council must refer the proposed Amendment
to the Allegheny County Planning Commission for recommendations.
4.
Town Council's Public Hearing. By resolution adopted at a meeting
of the Town Council, the Town Council will schedule the time and place
of a Public Hearing on the proposed Amendment.
5.
If, after any Public Hearing held upon an Amendment, the proposed
Amendment is changed substantially or is revised to include land previously
not affected by it, the Town Council must hold another Public Hearing,
pursuant to Public Notice, before proceeding to vote on the Amendment.
6.
Within 30 days after enactment, a copy of the Amendment to this
Part shall be forwarded to the County Planning Agency.
(B)
Procedure for Landowner Curative Amendments.
1.
General. A Landowner, who desires to challenge on substantive
grounds the validity of this Code or the Zoning Map or any provision
thereof that prohibits or restricts the Use or development of land
in which the Owner has an interest, may submit a curative Amendment
to the Town Council with a written request that the challenge and
proposed Amendment be heard and decided as provided in Article 916.1
of the MPC. The curative Amendment and challenge shall be referred
to the Planning Commission, and the Allegheny County Planning Commission
provided in MPC Article 609 and notice of the hearing thereon shall
be given as provided in Sections 610 and 916.1 of the MPC.
2.
Application. A complete application must be submitted to the
Zoning Officer in a form established by the Zoning Officer along with
a nonrefundable fee established to defray the costs of processing
the application. The application for a curative Amendment must include,
at minimum, the following information:
a.
The name, address, and contact information of the Applicant.
b.
The name, address, and contact information of the Owner of the
real estate to be affected by such proposal.
c.
A brief description and location of the real estate to be affected
by such proposal, including the Property Identification Number(s).
d.
A statement of the present zoning classification of the real
estate in question, the improvements thereon, and the present Use.
e.
The proposed curative Amendment.
f.
A statement of the Section of this Code under proposed Amendment
and reasons why the Amendment should be approved.
3.
Hearing. The hearing shall be conducted in accordance with Article
908 of the MPC and all references therein to the Zoning Hearing Board
shall, for purposes of this Part, be references to the Town Council.
4.
Criteria. The Town Council must consider the curative Amendments,
plans, and explanatory material submitted by the Landowner against
the following criteria:
a.
The impact of the proposal upon roads, sewer facilities, water
supplies, schools, and other public service facilities.
b.
If the proposal is for Residential Use, the impact of the proposal
upon regional housing needs and the effectiveness of the proposal
in providing housing units of a type available to and affordable by
classes of Persons otherwise unlawfully excluded by the challenged
provisions of this Part or Zoning Map.
c.
The suitability of the site for the intensity of Use proposed
by the site's soils, slopes, Woodlands, wetlands, Floodplains, aquifers,
natural resources, and other natural features.
d.
The impact of the proposed Use on the site's soils, slopes,
Woodlands, wetlands, Floodplains, natural resources, and natural features,
the degree to which these are protected or destroyed, the tolerance
of the resources to development, and any adverse environmental impacts.
e.
The impact of the proposal on the preservation of agriculture
and other land Uses, which are essential to public health and welfare.
5.
Decision.
a.
The Town Council, if it determines that a validity challenge
has merit, may accept a Landowner's curative Amendment, with or without
revision, or may adopt an alternative Amendment that will cure the
challenged defects.
b.
If the Town does not accept a Landowner's curative Amendment
brought in accordance with this subsection and a court subsequently
rules that the challenge has merit, the court's decision shall not
result in a declaration of invalidity of this Part and Zoning Map,
but only for those provisions which specifically relate to the Landowner's
curative Amendment and challenge.
(C)
Procedure for Municipal Curative Amendments.
1.
If the Town determines that this Part, or any portion hereof,
is substantially invalid, it shall take the following actions:
a.
The Town shall declare by formal action, this Part or portions
hereof substantially invalid, and propose to prepare a curative Amendment
to overcome such invalidity. Within 30 days of such declaration and
proposal, the Town Council shall:
(1)
By resolution, make specific findings setting forth the declared
invalidity of this Part which may include:
(a) References to specific Uses which are either not
permitted or not permitted in sufficient quantity;
(b) Reference to a class of Use or Uses which requires
revision; or,
(c) Reference to this Part which requires revisions.
(2)
Begin to prepare and consider a curative Amendment to this Part
to correct the declared invalidity.
2. Within
180 days from the date of the declaration and proposal, the Town shall
enact a curative Amendment to validate or reaffirm the validity of
this Part pursuant to the provisions of Article 609 of the MPC, to
cure the declared invalidity of this Part.
3. Upon the initiation of the procedures, as set forth in §
1301.290(A)1, the Town Council shall not be required to entertain or consider any Landowner’s curative Amendment filed under Article 609.1 of the MPC, nor shall the Zoning Hearing Board be required to give a report requested under Article 909.1 or 916.1 of the MPC subsequent to the declaration and proposal based upon the grounds identical to or substantially similar to those specified in the resolution required by §
1301.290(C)1a(1). Upon completion of the procedures as set forth in §
1301.230(C)1 and 2, no rights to a cure pursuant to the provisions of Sections 609.1 and 916.1 of the MPC shall, from the date of the declaration and proposal, accrue to any Landowner on the basis of the substantive invalidity of the unamended Zoning section for which there has been a curative Amendment pursuant to this Part.
4. The
Town, having utilized the procedures set forth in this section, may
not again utilize said procedure for a period of 36 months following
the date of enactment of a curative Amendment or reaffirmation of
the validity of this Part. If after the date of declaration and proposal,
there is a substantially new duty imposed upon the Town by virtue
of a change in statute or a Pennsylvania Appellate Court decision
the thirty-six-month moratorium is waived to propose a curative Amendment
to this Part to fulfill said duty or obligation.
[Ord. No. 1540, 6-26-2023]
(A) This
Part shall not apply to any building of the Town or extension thereof,
or to the use of any premises by the Town, if the Town Council shall
decide, during a public meeting, that such building or extension thereof,
or such use of any premises, is reasonably necessary for the convenience
or welfare of the public.