1.
Appointment.
The Zoning Officer shall be appointed by the Borough Council and shall
administer and enforce this chapter in accordance with its literal
terms. The Zoning Officer shall not hold any elective office in the
Borough. The Zoning Officer shall meet the qualifications established
by the Borough and shall be able to demonstrate to the satisfaction
of Borough Council a working knowledge of municipal zoning.
2.
Duties of the
Zoning Officer. In order to administer and enforce this chapter, the
Zoning Officer shall have the following responsibilities.
A.
Receive all
applications for zoning certificates and occupancy certificates and
maintain records thereof.
B.
Issue zoning
and occupancy certificates for all applications that comply with the
literal terms of this chapter and other applicable ordinances, except
where approvals are required by this chapter from Borough Council,
the Planning Commission, Zoning Hearing Board or other board or agency.
C.
Receive, file
and forward to the Planning Commission and Borough Council all applications
for conditional uses; maintain records thereof; and issue a zoning
certificate when authorized by Borough Council.
D.
Receive, file
and forward to the Zoning Hearing Board the records in all appeals
and all applications for special exception uses, variances and changes
of nonconforming uses; maintain records thereof; and issue a zoning
certificate when authorized by the Zoning Hearing Board.
E.
Inspect buildings,
structures and uses of land to determine compliance with the provisions
of this chapter.
F.
Issue stop,
cease and desist orders and issue written correction orders for any
condition found to be in violation of this chapter and other applicable
ordinances in accordance with the procedures specified in § 27-1401.3.
G.
Institute, with approval of or at direction of the Borough Council, appropriate legal action to prevent, restrain, abate or correct any violation of this chapter in accordance with § 27-1406.
H.
Revoke any
order, zoning or occupancy certificate or occupancy permit issued
under a mistake of fact or contrary to the provisions of this chapter
in accordance with the procedures specified in § 27-1401.3.
I.
Make and maintain
accurate and current records of all legal nonconformities under this
chapter.
3.
Enforcement
notice. The Zoning Officer shall have the power to institute civil
enforcement proceedings as a means of enforcement when acting within
the scope of his/her employment. If the Zoning Officer shall find
that any of the provisions of this chapter are being violated, the
Zoning Officer shall issue a written enforcement notice to the person
responsible for such violation. The enforcement notice shall contain
the following information:
A.
The name of
the owner of the 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 this chapter.
D.
The date before
which the steps for compliance must be commenced and the date before
which the steps must be completed.
E.
That the recipient
of the notice has the right to appeal to the Zoning Hearing Board
within a prescribed period of time in accordance with procedures set
forth in this chapter.
F.
That failure
to comply with the notice within the time specified, unless extended
by appeal to the Zoning Hearing Board, constitutes a violation, with
possible sanctions clearly described.
1.
2.
Procedure for
obtaining a zoning certificate.
A.
Whenever the
proposed activity requires a building permit under Chapter 110, Building
Construction,[1] the application for the zoning certificate shall be made
prior to or simultaneously with the application for the building permit.
However, the building permit shall not be issued until the zoning
certificate has been approved.
B.
When no building
permit is required, the application for the zoning certificate and
certificate of occupancy may be made at any time prior to the use
or occupancy of the structure or land.
C.
Applications
for a zoning certificate shall be submitted, in writing, on such forms
provided by the Borough along with payment of the required fees in
accordance with the Schedule of Fees.[2] The application shall be accompanied by a plot plan showing
accurately and completely the location, dimensions and nature of any
lot and/or structure involved in the application. The Zoning Officer
may request any information necessary to determine the application's
compliance with this chapter.
[2]
Editor's Note: The Schedule of Fees is on
file in the Borough offices.
D.
The Zoning
Officer shall not issue the zoning certificate until all other required
approvals and/or permits have been obtained from Borough, county,
state and federal agencies. The applicant shall submit copies of such
approvals/permits to the Zoning Officer.
3.
Changes. After
issuance of the zoning certificate, no changes of any kind shall be
made to the approved applications, plans and certificate without written
approval of the Zoning Officer, or in the case of a conditional use
approval, Borough Council. Requests for any such change shall be in
writing and shall be submitted to the Zoning Officer.
4.
Duration of
zoning certificate. A zoning certificate shall expire within six months
from the date of issuance if the subject use is not commenced or construction
has not begun. All work must be completed no later than two years
from the date of issuance of the zoning certificate. For purposes
of this chapter, construction shall be considered to have started
with the preparation of land, land clearing, grading, filling, excavation
for basement, footings, piers or foundations erection of temporary
forms, the installation of piling under proposed subsurface footings,
or the installation of sewer, gas and water lines or electrical or
other service lines from the street.
5.
Inspections.
A.
In order to
perform the functions of this chapter, the Zoning Officer shall have
the authority to enter any building, structure, premises, property
or development in the Borough upon presentation of proper credentials,
at any reasonable hour, to enforce the provisions of this chapter.
B.
During the
construction/development period, the Zoning Officer or other authorized
official may inspect the premises to determine that the work is progressing
in compliance with the information provided on the zoning application
and with all applicable Borough ordinances.
6.
Revocation of
zoning certificate. In the event that the Zoning Officer discovers
that the work does not comply with the approved application or any
applicable laws and ordinances, or that there has been a false statement
or misrepresentation by any applicant, the Zoning Officer shall revoke
the zoning certificate and proceed with whatever legal action is necessary
to correct the violation.
7.
Certificate
of occupancy.
A.
A certificate
of occupancy shall be obtained before any person may occupy or use
any structure or lot. An application for a zoning certificate does
not permit occupancy; a certificate of occupancy is also required.
A change in property ownership and/or business type will necessitate
the issuance of a new certificate of occupancy.
B.
Upon completion
of the work covered by any zoning certificate or before the occupancy
of any land or structure, the applicant shall notify the Zoning Officer,
who shall examine such building, structure or use of land within 10
days after notification. If the Zoning Officer shall find that such
construction, erection, structural alteration or use of building and/or
land is in accordance with the provisions of this chapter, other applicable
ordinances and the approved plans, the certificate of occupancy shall
be issued.
8.
Temporary occupancy
permits. The Zoning Officer may issue a temporary occupancy permit
which may allow the use or occupancy of a building or structure during
structural alteration thereof or may permit the partial use or occupancy
of a building or structure during its construction or erection; provided,
however, that such a temporary permit shall be valid only for a period
not exceeding three months from its issuance and shall be subject
to such restrictions and provisions as may be deemed necessary by
the Zoning Officer to ensure the safety of persons using or occupying
the building, structure or land involved.
9.
Permits issued
in error. Any permit issued in conflict with the provisions of this
chapter shall be null and void.
The Borough may establish, from time to time,
fees and charges for the various permits, reviews and other actions
required by this chapter. This schedule, along with an explanation
of the collection procedure, shall be posted in the offices of the
Zoning Officer. All fees and charges shall be adopted by resolution
of Borough Council at any regular or special meeting.
1.
Membership of
the Board. The membership of the Zoning Hearing Board shall be three
residents of the Borough appointed by Borough Council. Their terms
of office shall be three years and so fixed that the term of office
of one member shall expire each year. The Zoning Hearing Board shall
promptly notify the Borough of any vacancies which occur. Appointments
to fill vacancies shall be only for the unexpired portion of the term.
Members of the Zoning Hearing Board shall hold no other office in
the Borough, including membership on the Planning Commission and Zoning
Officer.
2.
Removal of members.
Any Zoning Hearing Board member may be removed for malfeasance, misfeasance
or nonfeasance in office or for other just cause by a majority vote
of Borough Council, taken after the member has received 15 days' advance
notice of the intent to take such a vote. A public hearing shall be
held prior to the vote if the member shall request it in writing.
3.
Appointment of alternate members. Borough Council may appoint by resolution at least one but no more than three residents of the Borough to serve as alternate members of the Zoning Hearing Board. The term of office of an alternate member shall be three years. When seated pursuant to the provisions of Subsection 4 below, an alternate shall be entitled to participate in all proceedings and discussions of the Zoning Hearing Board to the same and full extent as provided by law for Zoning Hearing Board members, including specifically the right to cast a vote as a voting member during the proceedings, and shall have all the power and duties set forth in this chapter and as otherwise provided by law. Alternates shall hold no other office in the Borough, including membership on the Planning Commission and Zoning Officer. Any alternate may participate in any proceeding or discussion of the Zoning Hearing Board but shall not be entitled to vote as a member of the Zoning Hearing Board unless designated as a voting alternate member pursuant to Subsection 4 below.
4.
Participation
by alternate members. If, by reason of absence or disqualification
of a member, a quorum is not reached, the Chairman of the Zoning Hearing
Board shall designate as many alternate members of the Zoning Hearing
Board to sit on the Board as may be needed to provide a quorum. Any
alternate member of the Zoning Hearing Board shall continue to serve
on the Zoning Hearing Board in all proceedings involving the matter
or case for which the alternate was initially appointed until the
Zoning Hearing Board has made a final determination of the matter
or case. Designation of an alternate pursuant to this subsection shall
be made on a case-by-case basis in rotation according to declining
seniority among all alternates.
5.
Organizations
of the Zoning Hearing Board. The Zoning Hearing Board shall elect
its officers from its own membership, who shall serve annual terms
and may succeed themselves. For the conduct of any hearing and the
taking of any action, a quorum shall be a majority of all members
of the Zoning Hearing Board. The Zoning Hearing Board may make, alter
and rescind rules and forms for its procedure consistent with the
ordinances of the public records of its business and submit an annual
report of its activities to Borough Council.
6.
Expenditures
for services. Within the limits of funds appropriated by Borough Council,
the Zoning Hearing Board may employ or contract for secretaries, clerks,
legal counsel, consultants and other technical services. Members of
the Zoning Hearing Board may receive compensation for the performance
of their duties, as may be fixed by Borough Council.
A.
Hearing fees.
Borough Council may prescribe reasonable fees with respect to hearings
before the Zoning Hearing Board. Fees for said hearings may include
compensation for the secretary and members of the Zoning Hearing Board,
notice and advertising costs and necessary administrative overhead
connected with the hearing. The costs, however, shall not include
legal expenses of the Zoning Hearing Board, expenses for engineering,
architectural or other technical consultants or expert witness costs.
B.
Stenographer's
fees. The Zoning Hearing Board or the hearing officer, as the case
may be, shall keep a stenographic record of the proceedings and a
transcript of the proceedings, and copies of the graphic or written
material received in evidence shall be made available to any party
at cost. The appearance fee for the stenographer shall be shared equally
by the applicant and the Zoning Hearing Board. The cost of the original
transcript shall be paid by the Zoning Hearing Board, if the transcript
is ordered by the Zoning Hearing Board or hearing officer, or shall
be paid by the person appealing from the decision of the Zoning Hearing
Board if such appeal is made, and in either event the cost of additional
copies shall be paid by the person requesting such copy or copies.
In other cases the party requesting the original transcripts shall
bear the cost thereof.
7.
Jurisdiction.
The Zoning Hearing Board shall have exclusive jurisdiction to hear
and render final adjudication in the following matters:
A.
Substantive
challenges to the validity of any land use ordinance, except curative
amendments brought before Borough Council.
B.
Challenges
to the validity of a land use ordinance raising procedural questions
or alleged defects in the process of enactment or adoption, which
challenges shall be raised by an appeal taken with 30 days after the
effective date of adoption or amendment of this chapter.
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 on the
application therefor, the issuance of any cease and desist order or
the registration or refusal to register any nonconforming use, structure
or lot.
D.
Appeals from
a determination by the Borough Engineer or the Zoning Officer with
reference to the administration of any floodplain or flood hazard
ordinance or such provisions within a land use ordinance.
E.
Applications
for variances from the terms of this chapter and flood hazard ordinance
or such provisions within a land use ordinance.
F.
Applications
for special exceptions under this chapter or floodplain or flood hazard
ordinance or such provisions within a land use ordinance
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 subdivision
and land development.
8.
Variances.
A.
The Zoning
Hearing Board shall hear a request for a variance where it is alleged
that the strict application of the provisions of this chapter inflicts
unnecessary hardship upon the applicant. Application for a variance
shall be made on the prescribed form obtained from the Zoning Officer.
The Zoning Officer shall forward the application to the Zoning Hearing
Board, which shall determine a time and place of the hearing.
B.
The Board may
grant a variance, provided that the following findings are made where
relevant in a given case:
(1)
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
this Zoning Chapter in the neighborhood or district.
(2)
That,
because of such physical circumstances or conditions, there is no
possibility that the property can be developed in strict conformity
with the provisions of this chapter; and the authorization of a variance
is therefore necessary to enable the reasonable use of the property.
(3)
That such
unnecessary hardship has not been created by the appellant.
(4)
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.
(5)
That the
variance, if authorized, will represent the minimum variance which
will afford relief and represent the least modification possible of
the regulation in issue.
C.
A request for variance in any floodplain district shall be decided in accordance with the provisions of Part 8 of this chapter.
D.
In granting
a variance, the Zoning Hearing Board may attach reasonable conditions,
if warranted, including a time limitation on the variance to protect
the public health, safety and welfare of the public and implement
the purposes of this chapter.
9.
Special exceptions. Where this chapter states that special exceptions may be granted or denied by the Board, the Board shall hear and decide requests for such special exceptions in accordance with such standards and criteria as specified in Part 12 of this chapter. In granting a special exception, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in the chapter, as it may deem necessary to implement the purpose of this chapter.
10.
Applications
to the Zoning Hearing Board. All applications and appeals to the Zoning
Hearing Board shall be in writing and shall refer to the specific
provision of this chapter which is involved and describe the nature
of the appeal, challenge or application for special exception use
or variance. The required fees shall be submitted with the application.
An appeal from a decision of the Zoning Officer or a validity challenge
may be filed by the affected landowner, by any officer or agency of
the Borough or any person aggrieved. Requests for a variance may only
be filed by the landowner or a tenant with the permission of the landowner.
11.
Time limitations.
A.
No person
shall file any proceeding before the Zoning Hearing Board later than
30 days after a preliminary or final application for development has
been approved by an appropriate Borough officer, agency or body, if
such proceedings is designated to secure reversal or to limit the
approval in any manner, unless such person alleges and proves that
he had no notice, knowledge or reason to believe that such approval
had been given. If such person has succeeded to his interest after
such approval, he shall be bound by the knowledge of his predecessor
in interest.
B.
The failure
of anyone, other than the landowner, to appeal from an adverse decision
by a Zoning Officer on a challenge to the validity of an ordinance
or map filed pursuant to § 916.2 of the Pennsylvania Municipalities
Planning Code[2] shall preclude an appeal from a final approval except
in the case where the final submission substantially deviates from
the approved tentative approval.
[2]
Editor's Note: See 53 P.S. § 10916.2.
12.
Hearings.
The following procedures shall apply:
A.
Public notice,
as defined by this chapter, shall be given. A notice shall be mailed
to all interested parties, including the applicant, the Zoning Officer,
the Borough Secretary, President of the Council, the Chairman of the
Planning Commission and every person or organization who shall have
registered with the Zoning Hearing Board for the purpose of receiving
such notices. In addition, notice shall be conspicuously posted in
at least two locations on the affected tract of land at least 10 days
prior to the hearing and remain posted there for all 10 days.
B.
Hearings shall
be conducted by the Zoning Hearing Board, or the Zoning Hearing Board
may appoint one member as a hearing officer or an independent attorney
as a hearing officer. The decision, or where no decision is called
for, the findings shall be made by the Zoning Hearing Board, but the
parties may waive the decision or finding by the Zoning Hearing Board
and accept the decision or findings of the hearing officer as final.
C.
The first
hearing before the Zoning Hearing Board or the hearing officer shall
be commenced within 60 days from the date of receipt of the applicant's
complete and properly filed application, unless the applicant has
agreed in writing to an extension of time. Each subsequent hearing
before the Zoning Hearing Board or the hearing officer shall be held
within 45 days of the prior hearing, unless otherwise agreed to by
the applicant in writing or on the record. An applicant shall complete
the presentation of his case-in-chief within 100 days of the first
hearing. Upon the request of the applicant, the Zoning Hearing Board
or hearing officer shall assure that the applicant receives at least
seven hours of hearings within the 100 days, including the first hearing.
Persons opposed to the application shall complete the presentation
of the opposition to the application within 100 days of the first
hearing held after the completion of the applicant's case-in-chief.
Any applicant may, upon request, be granted additional hearings to
complete his case-in-chief, provided the persons opposed to the application
are granted an equal number of additional hearings. Persons opposed
to the application may, upon the written consent or consent on the
record by the applicant and the Zoning Hearing Board or hearing officer,
be granted additional hearings to complete their opposition to the
application, provided the applicant is granted an equal number of
additional hearings for rebuttal.
D.
Parties to
the hearing shall be the Borough, any person who is affected by the
application who has made timely appearance of record before the Zoning
Hearing Board and any other person, including civic or community organizations
permitted to appear by the Zoning Hearing Board. The Zoning Hearing
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 Zoning Hearing Board for that purpose.
E.
The Chairman
or Acting Chairman of the Zoning Hearing Board or the hearing officer
presiding shall have the power to administer oaths and issue subpoenas
to compel the attendance of witnesses and the production of relevant
documents, 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 cross-examine
adverse witnesses on all relevant issues.
G.
Formal rules
of evidence shall not apply, but irrelevant, immaterial or unduly
repetitious evidence may be excluded.
H.
The Zoning
Hearing Board or the hearing officer, as the case may be, shall keep
a stenographic record of the proceedings, and a transcript of the
proceedings and copies of graphic or written material received in
evidence shall be made available to any party at cost.
I.
The Zoning
Hearing Board or the hearing officer shall:
(1)
Not communicate,
directly or indirectly, with any party or his/her representatives
in connection with any issue involved except upon notice and opportunity
for all parties to participate;
(2)
Not take
any notice of any communication, reports, staff memoranda or other
materials, except advice from their solicitor unless the parties are
afforded an opportunity to contest the material so noticed; and
(3)
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.
J.
The Zoning
Hearing Board or the hearing officer shall render a written decision
or, when no decision is called for, make written findings on the application
within 45 days after the last hearing before the Zoning Hearing Board
or hearing officer. A decision by the Zoning Hearing Board shall require
the majority of any quorum voting on the case. In the event that there
is a tie vote, the case shall be deemed denied.
K.
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 chapter
or of any act, 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.
L.
If the hearing
is conducted by a hearing officer and no stipulation has been made
that the officer's decision or findings are final, the Zoning Hearing
Board shall make the hearing officer's reports and recommendations
available to the parties within 45 days, and the parties shall be
entitled to make written representations thereon to the Zoning Hearing
Board prior to the final decision or entry of findings, and the Zoning
Hearing Board's decision shall be entered no later than 30 days after
the report of the hearing officer.
M.
Where the Zoning Hearing Board fails to render a decision within the time period specified by this subsection 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 Zoning Hearing Board to meet or render a decision as herein provided, the Zoning Hearing Board shall give public notice of said decision within 10 days of the last day it could have met to render a decision as provided in Subsection 12A of this section. If the Zoning Hearing Board fails to provide such notice, the applicant may do so. Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.
N.
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 by certified
mail not later than the day following its date. The Zoning Hearing
Board shall provide, by mail or otherwise, a brief notice of the decision
of findings and a statement of the place at which the full decision
or all findings may be examined to all persons who filed their names
and address with the Zoning Hearing Board not later than the last
day of the hearing; the Zoning Officer; the Borough Secretary; President
of Council; and Chairman of the Planning Commission.
O.
Mediation
option.
(1)
Parties
to proceedings authorized in this section may utilize mediation as
an aid in completing such proceedings. In proceedings before the Zoning
Hearing Board, in no case shall the Zoning Hearing Board initiate
mediation or participate as a mediating party. Mediation shall supplement,
not replace, those procedures in this Part once they have been formally
initiated. Nothing in this section shall be interpreted as expanding
or limiting municipal police powers or as modifying any principles
of substantive law.
(2)
Participation
in mediation shall be wholly voluntary. The appropriateness of mediation
shall be determined by the particulars of each case and the willingness
of the parties to negotiate. Borough Council or the Zoning Hearing
Board, in offering the mediation option, shall assure that, in each
case, the mediating parties, assisted by the mediator as appropriate,
develop terms and conditions for:
(a)
Funding
mediation.
(b)
Selecting
a mediator who, at a minimum, shall have a working knowledge of municipal
zoning and subdivision procedures and demonstrated skills in mediation.
(c)
Completing
mediation, including time limits for such completion.
(d)
Suspending
time limits otherwise authorized in this chapter or in the Pennsylvania
Municipalities Planning Code[3] (Act 247, as amended) governing proceedings before the
Zoning Hearing Board or Borough Council, as the case may be, provided
that there is written consent by the mediating parties, and by an
applicant or Borough decision-making body, if either is not a party
to the mediation.
[3]
Editor's Note: See 53 P.S. § 10101
et seq.
(e)
Identifying
all parties and affording them the opportunity to participate.
(f)
Subject
to legal restraints, determining whether some or all of the mediation
sessions shall be open or closed to the public.
(g)
Assuring
that mediated solutions are in writing and signed by the parties,
and become subject to review and approval by the appropriate decision-making
body pursuant to the authorized procedures set forth in this chapter.
(3)
No offers
or statements made in the mediation sessions, excluding the final
written mediated agreement, shall be admissible as evidence in any
subsequent judicial or administrative proceedings.
13.
Stay of proceedings.
A.
Upon filing
of any proceeding 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 Zoning
Hearing Board facts indicating that such stay would cause imminent
peril to life or property, in which case the development or official
action shall not be stayed otherwise than by a restraining order,
which may be granted by the Zoning Hearing Board or 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 the court having jurisdiction of zoning appeals to order
such persons to post bond as a condition to continuing the proceedings
before the Zoning Hearing Board. The question whether or not such
petition should be granted and the amount of the bond shall be within
the sound discretion of the court.
B.
All appeals
from decisions rendered by the Zoning Hearing Board shall be taken
to the Allegheny County Court of Common Pleas and shall be filed within
30 days after the entry of the decision or, in the case of a deemed
decision, within 30 days after the date upon which notice of said
deemed decision is given.
1.
Any person aggrieved
by any action or decision of the Zoning Officer involving administration
of the provisions of this chapter may appeal to the Zoning Hearing
Board. Such appeal must be filed, in writing, within 30 days after
the decision or action of the Zoning Officer.
2.
Upon receipt
of such appeal, the Zoning Hearing Board shall conduct a hearing on
the appeal in accordance with the provisions of § 27-1404.11.
3.
Zoning appeals
to court shall be taken to the Court of Common Pleas of Allegheny
County in accordance with the procedures prescribed in Article X-A
of the Pennsylvania Municipalities Planning Code.
1.
Amendments other
than curative amendments. Borough Council may amend this chapter as
proposed by a member of Borough Council, by the Planning Commission
or by a petition of a person residing or owning property within the
Borough. The following procedures shall apply:
A.
Petitions for
amendment shall be filed with the Planning Commission, and the petitioner,
upon such filing, shall pay any fees in accordance with the Schedule
of Fees.[1] The Planning Commission shall review the proposed amendment
and report its findings and recommendations, in writing, to the Borough
Council and to the petitioner.
[1]
Editor's Note: The Schedule of Fees is on
file in the Borough offices.
B.
Any proposed
amendment introduced by a member of Borough Council without written
findings and recommendations from the Planning Commission shall be
referred to the Planning Commission for review at least 30 days prior
to the public hearing.
C.
At least 30
days prior to Borough Council's public hearing on the amendment, the
Borough shall submit the amendment to the Allegheny County Planning
Agency for review and comment.
D.
In the case
where a proposed amendment involves the rezoning of property, a minimum
of five public notices shall be conspicuously posted on and around
the perimeter of the affected property for minimum of seven days prior
to the date of the public hearing conducted by Borough Council.
E.
Before voting
on the enactment of an amendment, Borough Council shall hold a public
hearing thereon, pursuant to public notice as defined by this chapter.
F.
If the amendment
involves a Zoning Map change, notice of the public hearing shall be
mailed by the Borough of Homestead, at least 30 days prior to the
public hearing by first class mail, to the addresses to which real
estate tax bills are sent for all real property located within the
area being rezoned, as evidenced by tax records with the Borough of
Homestead. The notice shall include the location, date and time of
the public hearing. This subsection shall not apply when the rezoning
constitutes a comprehensive rezoning.
G.
If after any
public hearing held upon an amendment the proposed amendment is revised,
or further revised, to include land previously not affected by it,
Borough Council shall hold another public hearing, pursuant to public
notice before proceeding to vote on the amendment.
H.
A vote on any
proposed amendment shall take place at a regular or special public
meeting of Borough Council, following the public hearing or hearings.
I.
Within 30 days
after enactment, a certified copy of the amendment to this chapter
shall be forwarded to the Allegheny County Planning Agency.
J.
The Borough
may offer a mediation option as an aid in completing proceedings authorized
by this section. In exercising such an option, the Borough and the
mediating parties shall meet the stipulations and follow the procedures
set forth in § 27-1404.12O.
2.
Curative amendments
by landowners. A landowner who desires to challenge, on substantive
grounds, the validity of this chapter or map (or any provision thereof)
which restricts or prohibits the use or development of land in which
he/she has an interest may submit a curative amendment to Borough
Council, as provided by the Municipalities Planning Code.[2] Borough Council shall commence a hearing within 60 days
of the request. Procedures for reviewing and conducting hearings on
the curative amendment shall be in accordance with § 908
of the Municipalities Planning Code[3] governing hearings conducted by the Zoning Hearing Board;
provided, however, that the provisions of § 908(1.2) and
(9) shall not apply and the provisions of § 916.1 shall
control. All references to the Zoning Hearing Board in § 908
shall apply to Borough Council for the purposes of this subsection.
The curative amendment and challenge shall be referred to the Borough
Planning Commission and County Planning Agency for review and comment
at least 30 days prior to the public hearing.
[Amended at time of adoption of Code (see AO)]
A.
Evaluating
merits of curative amendment. If the Borough Council determines that
a validity challenge has merit, the Borough Council may accept a landowner's
curative amendment, with or without revision, or may adopt an alternative
amendment which will cure the challenged defects. The Borough Council
shall consider the curative amendments, plans and explanatory material
submitted by the landowner and shall also consider:
(1)
The impact
of the proposal upon roads, sewer facilities, water supplies, schools
and other public service facilities.
(2)
If the
proposal is for a residential use, the impact of the proposal upon
regional housing needs and the effectiveness of the proposal in providing
housing units of a type available to and affordable by classes of
persons otherwise unlawfully excluded by the challenged provisions
of this chapter or map.
(3)
The suitability
of the site for the intensity of the use proposed by the site's soils,
slopes, woodlands, wetlands, floodplains, aquifers, natural resources
and other natural features.
(4)
The impact
of the proposed use on the site's soils, slopes, woodlands, wetlands,
floodplains, aquifers, natural resources and natural features, the
degree to which these are protected or destroyed, the tolerance of
the resources to development and any adverse environmental impacts.
(5)
The impact
of the proposal on the preservation of agriculture and other land
uses essential to public health and welfare.
B.
Declaration
of invalidity by the court. If the Borough does not accept a landowner's
curative amendment brought in accordance with this section and a court
subsequently rules that the challenge has merit, the court's decision
shall not result in a declaration of invalidity for this entire chapter,
but only for those provisions which specifically relate to the landowner's
curative amendment and challenge.
3.
Municipal curative
amendments. The Borough, by formal action, may declare its zoning
ordinance or portions thereof substantively invalid and propose to
prepare a curative amendment to overcome such invalidity.
A.
Within 30 days
following such declaration and proposal, Borough Council shall:
B.
Within 180 days from the date of the declaration and proposal, Borough Council shall either enact a curative amendment or vote to reaffirm the validity of its zoning ordinance. The procedures for adopting a curative amendment shall be as prescribed by Subsection 1 of this section.
C.
Upon the initiation of the procedures set forth in Subsection 3A above, Borough Council shall not be required to entertain or consider any landowner's curative amendment. Similarly, the Zoning Hearing Board is not required to give a report on any challenge to the validity of the ordinance if the challenge is based upon grounds identical to or substantially similar to those specified in Borough Council's resolution.
D.
Upon completion of the procedures as set forth in Subsections 3A and B, no rights to a cure pursuant to the provisions of Subsection 2 of this section shall, from the date of the declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of the unamended zoning ordinance for which there has been a curative amendment pursuant to this section.
E.
The Borough
may not again utilize the above procedure for a municipal curative
amendment for a thirty-six-month period following the date of the
enactment of a curative amendment or the reaffirmation of the validity
of its zoning ordinance. However, if after the date of declaration
and proposal there is a substantially new duty or obligation imposed
upon the Borough by virtue of a change in statute or by virtue of
a Pennsylvania Appellate Court decision, the Borough may utilize the
provisions of this section to prepare a curative amendment to this
chapter to fulfill said duty or obligation.
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 this chapter,
the Borough Council or, with the approval of Borough Council, an officer
of the Borough, may institute in the name of the Borough any appropriate
action or proceeding to prevent, restrain, correct or abate such building,
structure, landscaping or land, or to prevent in or about such premises
any act, conduct, business or use constituting a violation. These
remedies shall be in addition to any other remedies provided by law.
1.
Any person,
partnership or corporation who has violated or permitted the violation
of the provisions of this chapter shall, upon being found liable therefor
in a civil enforcement proceeding commenced by the Borough, pay a
judgment of not more than $600, plus all court costs, including reasonable
attorney fees incurred by the Borough as a result thereof.
[Amended at time of adoption of Code (see AO)]
A.
No judgment
shall commence or be imposed, levied or be payable until the date
of the determination of a violation by the Magisterial District Judge.
If the defendant neither pays nor timely appeals the judgment, the
Borough may enforce the judgment pursuant to the applicable rules
of civil procedure. 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 the person, partnership or corporation violating
this chapter to have believed that there was no such violation, in
which event there shall be deemed to have been only one such violation
until the fifth day following the date of the determination 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 of
this chapter shall be paid over to the Borough.
2.
The Court of
Common Pleas, upon petition, may grant an order to 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.
[Added at time of adoption of Code (see AO)]
Written complaints Whenever a violation of this chapter occurs,
or is alleged to have occurred, all persons must file a written complaint.
Such complaint stating fully the causes and basis thereof shall be
filed with the Borough. The complaint must also contain the complainant's
name, address, telephone number and/or email information. The Building
Code Official/Zoning Officer or his designee shall properly record
such complaint, investigate, and take action thereon as provided in
this chapter.
