Town of McCandless, PA General Zoning Provisions

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:

Provide a pleasant, attractive, healthy, safe, and convenient environment for living, working, shopping, education, and recreation.

Preserve and improve the natural environment.

Increase property values, employment opportunities, and the economic base of the community.

Provide safe, adequate, and attractive housing for all stages of life.

Reduce losses from flooding.

Provide the necessary infrastructure for safe and adequate utilities and transportation.

(7)

Provide recreational and community facilities.

(8)

Accommodate reasonable community growth management.

(9)

Provide safe, adequate, and attractive commercial, institutional, and industrial uses.

§ 1301.130 Authority.

[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."[1]

[1]

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

§ 1301.140 Jurisdiction.

[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."

§ 1301.150 Applicability.

[Ord. No. 1540, 6-26-2023]

The terms of this Code are applied to support the intent set forth in the Town's Comprehensive Plan.

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.

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.

The provisions of this Code are not intended to nullify, abolish, or repeal any easement, covenant, or other private agreement or restriction.

§ 1301.160 Interpretation.

[Ord. No. 1540, 6-26-2023]

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.

§ 1301.170 Conflicting provisions.

[Ord. No. 1540, 6-26-2023]

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.

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.

§ 1301.180 Rules of construction.

[Ord. No. 1540, 6-26-2023]

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.

Headings and graphic illustrations.

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.

Section headings and subheadings are for convenience only and do not modify or limit the meaning or intent of any provision.

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.

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.

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.

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.

§ 1301.190 Transitional provisions.

[Ord. No. 1540, 6-26-2023]

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.

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.

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.

§ 1301.200 Severability.

[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.

§ 1301.210 Powers and duties of Zoning Officer.

[Ord. No. 1540, 6-26-2023]

The Zoning Officer administers and enforces this Zoning Code and makes any necessary interpretations of the Zoning Map.

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.

The Zoning Officer, who must not hold any elective office in the Town, is appointed by the Town Council.

§ 1301.220 Permits required.

[Ord. No. 1540, 6-26-2023]

Permit types. To ensure compliance with the provisions of this Zoning Code, the following permits are required:

Zoning permit. A zoning permit is required before a person may engage in any of the following:

Construct, reconstruct, move, alter, or enlarge any structure or building. Interior renovations only do not require a zoning permit.

Change a nonconforming use or structure.

Create a subdivision or land development. 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.

A zoning permit is not required by a change in occupancy for existing structures when both of the following are true:

No change in use.

No building, additions, or alterations.

Certificate of use. A certificate of use is required for any of the following:

To establish the legal use of a structure at the time an occupancy permit is issued for new construction.

To change the use of a structure or land to a different use.

To certify the validity of nonconforming uses or structures.

To use a temporary use or structure prior to occupancy of the land or structure.

A certificate of use for a temporary use or structure must include an expiration date.

A certificate of use is not required by a change in occupancy for existing structures when both of the following are true:

No change in use.

No building, additions, or alterations.

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.

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.

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.

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.

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.

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.

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.

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.

§ 1301.230 Applications.

[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.

General requirements. At minimum, all applications must include the following information:

The name, address, and contact information of the applicant.

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

A brief description and location of the real estate to be affected by such proposal, including the property identification number.

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

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.

Additional information that the Zoning Officer may determine is reasonably necessary to determine compliance with this part.

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.

Variances and appeals. In addition to the information required in § 1301.230(a), an application for a variance or an appeal must include:

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.

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.

Special exceptions. In addition to the information required in § 1301.230(a), an application for a special exception must include:

A written application for a special exception on a form provided by the Zoning Officer stating the grounds on which it is requested.

A site plan showing conformance with all special exception criteria regarding the site and use.

The Zoning Hearing Board may require specific plans as part of the submission.

§ 1301.240 Fees.

[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.

§ 1301.250 Conditional use process.

[Ord. No. 1540, 6-26-2023]

Uses requiring a conditional use permit will follow the review and zoning approval procedures described in this section.

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.

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.

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.

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.

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.

The decision of the Town Council must be delivered to or mailed to the last known address of the applicant or applicant's representative.

The Town Council must approve a conditional use if the Council finds adequate evidence that the proposed use:

Complies with any specific requirements for the use identified in Article 1303.

Complies with other applicable sections of this part.

Generally will be capable of meeting applicable sections of the Subdivision and Land Development Ordinance (Part 11).

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.

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.

Will not create a significant public safety hazard, including fire, toxic or explosive hazards.

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).

Will not negatively affect the desirable character of an existing residential neighborhood in a significant way.

Will involve adequate site design methods, including plant screening and setbacks as needed to avoid significant negative impacts on adjacent uses.

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.

Will comply with the objectives of this part and is consistent with the Comprehensive Plan.

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.

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.

Will comply with all applicable standards and requirements for providing sanitary sewage disposal, water supply, stormwater drainage, solid and toxic waste storage and disposal.

Lapse of approval. Approval of a conditional use application shall lapse under the following circumstances:

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.

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.

§ 1301.260 Zoning Hearing Board.

[Ord. No. 1540, 6-26-2023]

Members and organization.

Members are appointed according to the Town Code § 123.03.

The removal of members and organization of the Zoning Hearing Board will be in accordance with the MPC 53 P.S. § 10101, as amended.

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.

Function.

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:

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.

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.

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

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.

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.

Special exceptions. The Zoning Hearing Board will hear and decide requests for special exceptions authorized by specific provisions of this Code.

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.

The Zoning Hearing Board shall conduct a public hearing in accordance with the procedures specified in § 1301.260(d).

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:

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.

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.

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.

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.

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.

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.

Nonconforming uses. The Zoning Hearing Board will hear and decide requests for a change from an existing nonconforming use to another nonconforming use.

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.

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.

Hearings.

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.

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.

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.

Conduct of hearing.

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.

The Zoning Hearing Board:

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.

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.

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.

The Zoning Hearing Board will keep a stenographic record of the proceedings.

The cost of the original transcript will be paid by the Board if the transcript is ordered by the Board or hearing officer.

In other cases, the party requesting the original transcript will bear the cost.

Copies of the graphic or written material received in evidence will be made available to any party at cost.

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.

Decision.

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.

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.

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.

§ 1301.270 Planning Commission.

[Ord. No. 1540, 6-26-2023]

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.

Membership and function. The Planning Commission will have the membership and function as defined in Article 123.

Powers and duties.

The Planning Commission will have the power and is required to:

Prepare the Comprehensive Plan for the development of the Town.

Maintain and keep on file records of its action. All records and files of the Commission must be in the possession of Town Council.

The Planning Commission at the request of Town Council may:

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.

Prepare and present to Council a zoning ordinance and make recommendations to Council on proposed amendments to it.

Prepare and administer the Subdivision and Land Development Ordinance (Part 11).

Prepare and administer planned residential development regulations.

Prepare and present to Council a building code and make recommendations on proposed amendments to it.

Prepare and present to Council a housing code and make recommendations on proposed amendments to it.

Submit to Council a recommended capital improvement program.

Promote public interest in, and understanding of, the Comprehensive Plan and planning.

Hold public hearings and meetings.

Require from other departments and agencies of the Town such available information as relates to the work of the Planning Commission.

Enter upon any land to make examinations and surveys either after permission has been obtained from the owner or after public notices.

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.

§ 1301.280 Enforcement.

[Ord. No. 1540, 6-26-2023]

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.

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.

An enforcement notice must include the following minimum information:

The name of the owner of record and any other person against whom the Town intends to take action.

The location of the property in violation.

The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of this Code.

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.

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.

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.

In any appeal of an enforcement notice to the Zoning Hearing Board, the Town has the responsibility to present its evidence first.

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.

§ 1301.290 Amendments.

[Ord. No. 1540, 6-26-2023]

General.

Town Council action.

The Town Council may, from time to time, amend, supplement, or repeal any of the regulations and provisions of this part.

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.

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.

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:

For Zoning Code text amendments:

Whether such change is consistent with the aims and principles embodied in this part for the zoning district(s) concerned.

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.

The indirect implications of such change in its effect on other regulations.

Whether such proposed amendment is consistent with the aims of the Town Comprehensive Plan.

For Zoning Map amendments:

Whether the uses permitted by the proposed change would be appropriate in the area concerned.

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.

Whether the proposed change is in accord with any existing or proposed plans in the vicinity.

The effect of the proposed amendment upon the growth of the Town as envisaged by the Town's Comprehensive Plan.

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.

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.

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.

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.

Within 30 days after enactment, a copy of the amendment to this part shall be forwarded to the County Planning Agency.

Procedure for landowner curative amendments.

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.

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:

The name, address, and contact information of the applicant.

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

A brief description and location of the real estate to be affected by such proposal, including the property identification number(s).

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

The proposed curative amendment.

A statement of the section of this Code under proposed amendment and reasons why the amendment should be approved.

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.

Criteria. The Town Council must consider the curative amendments, plans, and explanatory material submitted by the landowner against the following criteria:

The impact of the proposal upon roads, sewer facilities, water supplies, schools, and other public service facilities.

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.

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.

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.

The impact of the proposal on the preservation of agriculture and other land uses, which are essential to public health and welfare.

Decision.

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.

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.

Procedure for municipal curative amendments.

If the Town determines that this part, or any portion hereof, is substantially invalid, it shall take the following actions:

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:

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.

Begin to prepare and consider a curative amendment to this part to correct the declared invalidity.

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.

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)(1)a1. 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.