A. 
Appointment and qualifications. For the administration of this chapter, a Zoning Officer, who shall not hold any elective office in the City, shall be appointed. The Zoning Officer shall meet qualifications established by the City and shall be able to demonstrate to the satisfaction of the City a working knowledge of municipal zoning.
B. 
Powers and duties of the Zoning Officer. The powers and duties of the Zoning Officer shall include the following:
(1) 
Administering and enforcing the provisions of this chapter in accordance with their literal terms. In performing these duties the Zoning Officer shall not have the power to permit any construction, alteration or any use or change of use to land or structures, which does not conform to the applicable provisions of this chapter.
(2) 
Receiving and reviewing all types of zoning applications and approving or denying zoning permits and certificates of zoning compliance under this chapter. When a zoning permit application or certificate is approved, the Zoning Officer shall issue the permit or certificate.
(3) 
Keeping records of all applications, permits, certificates, complaints, enforcement actions, investigations, and decisions of the Zoning Hearing Board in the Zoning Office located within City Hall. All of the zoning records are the property of the City and must be available for public inspection and copying when authorized by the Pennsylvania Right-to-Know Law.[1]
[1]
Editor's Note: 65 P.S. § 67.101 et seq.
(4) 
Conducting property inspections to assure compliance with this chapter.
(5) 
Maintaining the Official Zoning Map and zoning ordinance, including any amendments.
(6) 
Notifying the Zoning Hearing Board of scheduled zoning hearings, including assisting the secretary or solicitor in advertising zoning hearings.
(7) 
Making certain that properties are conspicuously posted at least one week prior to a zoning hearing.
(8) 
Attending and participating in proceedings before the Zoning Hearing Board or the governing body, as the case may be, and offering testimony and evidence when necessary.
(9) 
Reviewing and reporting on subdivision and land development plans for compliance with this chapter as part of the City Planning Commission's review.
(10) 
Inspecting and registering nonconformities upon request of a landowner, or at the discretion of the Zoning Officer.
(11) 
Assisting appointed and elected local officials, police, codes and the general public with zoning issues.
(12) 
Making the current versions of the Zoning Ordinance and Zoning Map available to the public for inspection and providing copies upon proper request and payment of appropriate fees.
(13) 
Rendering a preliminary opinion under Section 916.2. of the Pennsylvania Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 10916.2.
(14) 
Investigating and acting upon complaints of alleged violations of this chapter. Complaints should be acted upon within 30 days of their receipt and a complainant must be notified by the Zoning Officer, upon request, of any enforcement action taken.
(15) 
Prosecuting violations of this chapter by instituting civil enforcement proceedings when it is determined that a person has violated this chapter, or any conditions placed upon the approval of special exception, variance, conditional use or any other approvals or permits under this chapter.
(16) 
Issuing preliminary opinions under Section 916.2 of the Pa. MPC.[3]
[3]
Editor's Note: See 53 P.S. § 10916.2.
(17) 
Doing all things necessary to administer and enforce this chapter.
A. 
Zoning permit required. A zoning permit issued by the Zoning Officer shall be required prior to using or changing the use of land, buildings or structures, or demolishing, altering, erecting, constructing, moving, placing, or expanding any building or structure. However, a zoning permit shall not be required for repairs or maintenance of any structure or land, provided such repairs or maintenance do not change the use or the exterior dimensions of the structure or building, or otherwise violate the provisions of this chapter.
B. 
Zoning permit application.
(1) 
A zoning permit application shall be made in writing by the landowner, the authorized agent of the landowner, or any person having an equitable interest in the property with the permission of the landowner.
(2) 
A zoning permit application shall be on a form provided by the City and shall include at least the following:
(a) 
The name and address of the applicant, and the landowner, if different than the applicant.
(b) 
The address of the property and a description of its location.
(c) 
The names and addresses of all adjoining landowners, including those located immediately across the street from the property that is the subject of the application.
(d) 
A site plan drawn to scale and showing:
[1] 
The actual dimensions and shape of the property including existing and proposed access drives, roads and streets identifying them by name.
[2] 
The location and dimensions of all existing and proposed structures, buildings, signs, parking spaces, access drives, and loading zones, with existing features being clearly distinguished from proposed features.
[3] 
The exact size and location of existing and proposed uses of land, with existing uses being clearly distinguished from proposed uses.
[4] 
The location of any existing and proposed utilities.
[5] 
Any other information required in order to ensure the Zoning Officer is able to determine compliance with this chapter.
C. 
Time period to act upon a zoning permit application. A zoning permit application shall be approved or denied by the Zoning Officer within 30 days from the date of receipt of a fully completed application. An application shall be deemed complete for purposes of this chapter when the application has been received by the Zoning Officer, fully completed and accompanied by a site plan and the applicable fee.
D. 
Expiration of zoning permit. A zoning permit shall expire one year from the date of issuance. However, a zoning permit may be extended by the Zoning Officer for an additional period of six months upon the request of the applicant for good cause shown. Once a permit has expired, the applicant or landowner must reapply for another zoning permit and the Zoning Officer may approve or deny the application under the ordinance in effect at the time of the new application.
E. 
Revocation of zoning permit. The Zoning Officer may revoke a zoning permit issued under this chapter when:
(1) 
The permit was issued in error under this chapter.
(2) 
The application or plan upon which the permit was issued has been found to contain false or misleading information.
(3) 
There exists a violation of any condition imposed by the Zoning Hearing Board or governing body as part of its written decision.
(4) 
Good cause exists under this chapter or applicable law.
F. 
Reconsideration of zoning permit application previously denied. An applicant whose request for a zoning permit has been denied by the Zoning Officer may make another application for a zoning permit, provided all deficiencies which were the basis for the prior denial of the permit have been eliminated, or the new application is different than the previous application. A failure to do so shall be a reason for denial by the Zoning Officer.
G. 
Issuance of zoning permit upon approval by Zoning Hearing Board or governing body. The Zoning Officer shall issue a zoning permit once the use, structure, or building has been approved by special exception or variance by the Zoning Hearing Board, or by conditional use by the governing body. A zoning permit shall be issued within 30 days of issuance of a written decision approving the application. Should an aggrieved party or person appeal the written decision, any work performed shall be at the applicant's own risk if the decision is reversed on a subsequent appeal to the Court of Common Pleas, the Commonwealth Court or the Supreme Court.
H. 
Compliance with zoning permit. All work or uses for which a zoning permit have been issued shall conform to the approved application, decision and site plan.
I. 
Display of zoning permit. An approved zoning permit shall be conspicuously posted on the property during construction of the building or structure, or commencement of the use. The posting of the permit shall occur within 10 days of the issuance of the zoning permit, or prior to the commencement of actual work or use of the property, whichever occurs first. The zoning permit shall be continuously posted on the property until completion of the work, commencement of the use, or issuance of a certificate of zoning compliance, if required.
J. 
Inspections. By making a zoning permit application, the applicant and landowner authorize the Zoning Officer to inspect the land, structure, and building (interior and exterior) for which a zoning permit has been issued to ensure compliance with this chapter.
A. 
Certificate of zoning compliance required. A zoning certificate issued by the Zoning Officer certifying compliance with this chapter shall be required by an applicant or landowner prior to a new use or change of use of land and buildings and the construction or placement of buildings, such as dwelling units, garages, and additions. However, a certificate of zoning compliance is not required for repairs to or construction or placement of accessory structures such as fences, decks, porches, signs, and swimming pools, and unattached accessory buildings of not more than 1,000 square feet in total floor area.
B. 
Certificate of zoning compliance applications. All applications for certificates evidencing zoning compliance shall be made in writing on forms prescribed by the City. All applications shall include the information necessary for the Zoning Officer to ascertain compliance with a zoning permit and this chapter.
C. 
Time limits for issuance of certificate of zoning compliance. Applications for zoning certificates shall be made by the landowner or an authorized agent for the landowner prior to occupying or using any building or land for which a zoning certificate is required. Upon the making of an application for a certificate of zoning compliance, the Zoning Officer shall have 30 days from receipt of the application to approve or deny it. A certificate of zoning compliance may only be approved and issued by the Zoning Officer when it has been determined that the use or building complies with the information contained in the zoning permit and this chapter.
A. 
Zoning permit required. A zoning permit shall be required for all temporary uses of structures, buildings, or land. The Zoning Officer shall issue a zoning permit for any temporary use of a structure, building or land, including short-term special events or retail sales held on private property with or without the use of a structure such as a tent, trailer, or truck provided that all of the following are met:
(1) 
The use is permitted in the zoning district where it is to be located;
(2) 
The use, structure, or vehicle meets the dimensional regulations of the zoning district where it is to be located or parked;
(3) 
The use will not adversely affect or interfere with the use and quiet enjoyment of adjoining or surrounding properties; and
(4) 
The use will not cause undue congestion or traffic hazards, or otherwise interfere with vehicular and pedestrian travel and parking and loading facilities.
B. 
Time limitation. A zoning permit for a temporary structure or use shall be issued by the Zoning Officer for a period not to exceed 180 days per year, except that a zoning permit for a special event shall be for a period of no more than 30 days.
A. 
Public records.
(1) 
By making a submission under this chapter, the applicant acknowledges and agrees that all documents and other information submitted under this chapter constitutes public records within the meaning of the Pennsylvania Right-to-Know Law, Act 3 of 2008, as amended,[1] and are therefore subject to review and reproduction upon request in accordance with that Law and applicable City ordinances and resolutions.
[1]
Editor's Note: See 65 P.S. § 67.101 et seq.
(2) 
To the extent that any such documents or information are not deemed public records and are subject to protection pursuant to federal or state copyright laws, or Common Law copyright protection, the applicant (agents, employees and consultants) by filing documents with the City under this chapter, shall be deemed to have waived all copyright protection as relates to review, analysis, criticism, or approval of the application by the City and all of its agents, servants, employees, officials, and consultants, and the public at large.
(3) 
The applicant hereby agrees to indemnify and hold harmless the City and all of its agents, servants, employees, officials, and professional consultants from any and all claims including losses and attorney fees related to violations of copyright, or copyright infringement claims.
B. 
Unsworn falsification to authorities. All statements, whether written or oral, to the City or the Zoning Officer in the course of the review of the application under this chapter shall be true and correct to the best of the knowledge, information and belief of the applicant or the applicant's agents and consultants, and with the understanding that any false statement is subject to the penalties of 18 Pa.C.S.A. § 4804, relating to unsworn falsification to authorities.
In any case in which mailed notice or electronic notice is required by this chapter, the following shall apply:
A. 
An owner of a tract or parcel of land located within a City or an owner of the mineral rights in a tract or parcel of land within the City may request that the City provide written or electronic notice of a public hearing which may affect such tract or parcel of land.
B. 
Mailed notice shall be required only if an owner of a tract or parcel of land located within the City or an owner of the mineral rights in a tract or parcel of land within the City has made a written request that the notice be mailed and has supplied the City with a stamped, self-addressed envelope prior to a public hearing.
C. 
Electronic notice shall be required only if an owner of a tract or parcel of land located within the City or an owner of the mineral rights in a tract or parcel of land within the City has made a written request that notice be sent electronically and has supplied the City with an electronic address prior to a public hearing and only if the City maintains the capability of generating an electronic notice. An owner of a tract or parcel of land located within the City or an owner of the mineral rights in a tract or parcel of land within the City making the request and supplying an electronic address may at any time notify the City that the owner of the tract or parcel of land located within the City or the owner of the mineral rights in the tract or parcel of land within the City no longer will accept electronic notice, and, in that event, the City may no longer provide electronic notice.
D. 
An owner of a tract or parcel of land located within the City or an owner of the mineral rights in a tract or parcel of land within the City who has requested a mailed notice shall be solely responsible for the number, accuracy and sufficiency of the envelopes supplied. The City shall not be responsible or liable if the owner of a tract or parcel of land located within the City or an owner of the mineral rights in a tract or parcel of land within the City does not provide to the City notice of any changes in the owner's mailing address.
E. 
An owner of a tract or parcel of land located within the City or an owner of the mineral rights in a tract or parcel of land within the City who has requested electronic notice shall be solely responsible for the accuracy and functioning of the electronic address provided to the City. The City shall not be responsible or liable if the owner of a tract or parcel of land located within the City or an owner of the mineral rights in a tract or parcel of land within the City does not provide to the City notice of any changes to the owner's electronic address.
F. 
The City shall deposit a mailed notice in the United States mail or provide electronic notice not more than 30 and not less than seven days prior to the scheduled date of the hearing as shown on the notice.
G. 
For each public hearing, the City Secretary or the Zoning Officer shall prepare, sign and maintain a list of all mailed notices, mailing dates, electronic notices and electronic notice dates. The signed list shall constitute a presumption that the notice was given.
H. 
The mailed notice shall be deemed received by an owner of a tract or parcel of land located within the City or an owner of the mineral rights in a tract or parcel of land within the City on the date deposited in the United States Mail.
I. 
The electronic notice shall be deemed received by an owner of a tract or parcel of land located within the City or an owner of the mineral rights in a tract or parcel of land within the City on the date the City electronically notifies the owner.
J. 
Failure of an owner of a tract or parcel of land located within the City or an owner of the mineral rights in a tract or parcel of land within the City to receive a requested mailed notice or electronic notice shall not be deemed to invalidate any action or proceedings under this chapter.
Failure of a landowner to secure a zoning permit prior to using or changing the use of land, buildings or structures, or demolishing, altering, erecting, constructing, moving, placing, relocating, or expanding any building or structure; or failing to obtain a certificate of zoning compliance prior to the using or changing the use of land or buildings (except for accessory structures and buildings less than 1,000 square feet in total floor area in case of a certificate of zoning compliance), shall be a violation of this chapter. It shall also be a violation of this chapter to undertake actions contrary to the provisions of this chapter, and any conditions of conditional uses, special exceptions and variances. Each day that a violation continues shall constitute a separate offense.
A. 
Enforcement notice. If it appears to the Zoning Officer that a violation of this chapter has occurred, the Zoning Officer shall initiate enforcement proceedings by issuing an enforcement notice to the owner of record of the parcel of land on which the violation has occurred, to any person who has filed a written request to receive violation notices regarding the parcel of land, and to any other person requested in writing by the owner of record. The enforcement notice shall state at least the following:
(1) 
The name of the owner of record and any other person against whom the City intends to take action.
(2) 
The location and address 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 sections of this chapter.
(4) 
The date before which the steps for compliance must be commenced and the date before which the steps must be completed.
(5) 
That the recipient of the notice has the right to appeal to the Zoning Hearing Board within 30 days from date of the issuance of the notice.
(6) 
That failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation, with a description of the sanctions that will result if the violation is not corrected.
B. 
Order of proof. In any appeal of an enforcement notice to the Zoning Hearing Board, the City shall have the responsibility of presenting evidence first.
C. 
Refund of filing fee in certain instances. Any filing fee paid by a party to appeal an enforcement notice to the Zoning Hearing Board shall be returned to the appealing party by the City if the Zoning Hearing Board or any court in a subsequent appeal rules in the appealing party's favor.
D. 
Private cause 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 this chapter, City Council, or, with the approval of City Council, an officer or agent of the City, or any aggrieved owner or tenant of real property who shows that his or her property or person will be substantially affected by the alleged violation, in addition to other remedies, may institute any appropriate action or proceedings 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 of this chapter. When such action is instituted by a landowner or tenant, notice of that action shall be served upon the City at least 30 days prior to the time the action is instituted by serving a copy of the complaint on City Council. No action may be taken until such notice has been given.
E. 
Jurisdiction. The Magisterial District Judge sitting in the City of Hazleton shall have initial jurisdiction over proceedings brought under this article of the chapter.
F. 
Enforcement remedies. Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceedings commenced by the City or the Zoning Officer, shall pay a judgment of not more than $500, plus all court costs, including reasonable attorney fees incurred by the City as a result of said proceedings. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the City 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 has been a good faith basis for the person, partnership or corporation violating this chapter to have believed that there was no such violation. In such cases, 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 City.
G. 
Stay. The Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment.
H. 
Private enforcement actions. Nothing contained in this section shall be construed or interpreted to grant any person or entity other than the City the right to commence any action for enforcement under this chapter.
City Council shall adopt a schedule of fees, charges and expenses for applications, permits, certificates, appeals, and amendments to the Zoning Ordinance and Zoning Map, and any other matters relating to the administration of this chapter. The fee schedule shall be available for public inspection and shall be adopted and may be amended from time to time by resolution of City Council. No application or appeal shall be considered filed until all related fees, charges and expenses have been paid in full.
A. 
Amendments to the Zoning Ordinance and Zoning Map. The provisions of this chapter and the zoning districts on the Zoning Map may from time to time be amended by City Council in accordance with the provisions as set forth in the Pennsylvania Municipalities Planning Code, Act 247, as amended.[1] An amendment may be initiated by the City Planning Commission, City Council, or by a petition to City Council by an interested party. The City is under no obligation to consider any zoning amendment other than a curative amendment.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B. 
Enactment of zoning ordinance amendments.
(1) 
Before voting on the enactment of an amendment, City Council shall hold a public hearing on the amendment, pursuant to public notice, and pursuant to mailed notice and electronic notice to an owner of a tract or parcel of land located within the City or an owner of the mineral rights in a tract or parcel of land within the City who has made a timely request in accordance with § 575-1106. In addition, if the proposed amendment involves a Zoning Map change, notice of said public hearing shall be conspicuously posted by the City at points deemed sufficient by the City along the tract to notify potentially interested citizens. The affected tract or area shall be posted at least one week prior to the date of the hearing.
(2) 
In addition to the requirement that notice be posted under Subsection B(1) above, where the proposed amendment involves a Zoning Map change, notice of the public hearing shall be mailed by the City at least 30 days prior to the date of the hearing by first-class mail to the addressees to which real estate tax bills are sent for all real property located within the area being rezoned, as evidenced by tax records within the possession of the City. The notice shall include the location, date and time of the public hearing. A good faith effort and substantial compliance shall satisfy the requirements of this subsection. This subsection shall not apply when the rezoning constitutes a comprehensive rezoning.
(3) 
In the case of an amendment other than that prepared by the City Planning Commission, City Council shall submit each such amendment to the City Planning Commission at least 30 days prior to the hearing on such proposed amendment to provide the City Planning Commission an opportunity to submit recommendations.
(4) 
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, City Council shall hold another public hearing, pursuant to public notice, mailed notice and electronic notice, before proceeding to vote on the amendment.
(5) 
At least 30 days prior to the public hearing on the amendment by City Council, City Council shall submit the proposed amendment to the Luzerne County Planning Commission for recommendations.
(6) 
The City may offer a mediation option as an aid in completing proceedings authorized by this section.
(7) 
Within 30 days after enactment, a copy of the amendment to the Zoning Ordinance shall be forwarded to the Luzerne County Planning Commission.
C. 
Landowner curative amendments.
(1) 
A landowner who desires to challenge on substantive grounds the validity of a zoning ordinance or map or any provision thereof, which prohibits or restricts the use or development of land in which he has an interest may submit a curative amendment to City Council with a written request that the challenge and proposed amendment be heard and decided as provided under the Pennsylvania Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
(2) 
City Council shall commence a hearing thereon within 60 days of the request. The curative amendment and challenge shall be referred to the City and County Planning Commissions and notice of the hearing thereon shall be given in the same manner as conducting a zoning hearing under § 575-1111F of this chapter.
(3) 
The hearing shall be conducted in accordance with § 575-1111F of this chapter and all references therein to the Zoning Hearing Board shall, for purposes of this section be references to City Council: provided, however, that the provisions of § 575-1111F(3) and (11) relating to time periods shall not apply and the provisions of Section 916.1 of the Pennsylvania Municipalities Planning Code shall control.[3] If a municipality 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 for the entire Zoning Ordinance and Map, but only for those provisions which specifically relate to the landowner's curative amendment and challenge.
[3]
Editor's Note: See 53 P.S. § 10916.1.
(4) 
If City Council has determined that a validity challenge has merit it may accept a landowner's curative amendment, with or without revision, or may adopt an alternative amendment which will cure the challenged defects. City Council shall consider the curative amendments plans and explanatory material submitted by the landowner and shall also consider:
(a) 
The impact of the proposal upon roads, sewer facilities, water supplies, schools and other public service facilities;
(b) 
If the proposal is for a residential use, the impact of the proposal upon regional housing needs and the effectiveness of the proposal in providing housing units of a type actually available to and affordable by classes of persons otherwise unlawfully excluded by the challenged provisions of the Ordinance or 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; and
(e) 
The impact of the proposal on the preservation of agriculture and other land uses which are essential to public health and welfare.
D. 
Municipal curative amendments. If the City determines that its Zoning Ordinance or any portion thereof is substantially invalid, it shall take the following actions:
(1) 
The City shall declare, by formal action, its Zoning Ordinance or portions thereof substantively invalid and propose to prepare a curative amendment to overcome such invalidity. Within 30 days following such declaration and proposal the City shall:
(a) 
By resolution make specific findings setting forth the declared invalidity of the Zoning Ordinance which may include references to:
[1] 
Specific uses which are either not permitted or not permitted in sufficient quantity;
[2] 
A class of use or uses which require revision; or
[3] 
The entire ordinance which requires revisions.
(b) 
Begin to prepare and consider a curative amendment to the Zoning Ordinance to correct the declared invalidity.
(c) 
Within 180 days from the date of the declaration and proposal, the City shall enact a curative amendment to validate, or reaffirm the validity of, its zoning ordinance pursuant to the provisions required by § 575-1110B of this chapter in order to cure the declared invalidity of the Zoning Ordinance.
(d) 
Upon the initiation of the procedures, as set forth in Subsection D(1) above, City Council shall not be required to entertain or consider any landowner's curative amendment filed under § 575-1110C of this chapter nor shall the Zoning Hearing Board be required to give a report requested under § 575-1113A of this chapter or Section 916.1 of the Pa. MPC[4] subsequent to the declaration and proposal based upon the grounds identical or substantially similar to those specified in the resolution required by § 575-1110D(1)(a) of this chapter. Upon completion of the procedures as set forth in § 575-1110D(1)(a) and (b) of this chapter, no rights to a cure pursuant to the provisions of Sections 609.1 and 916.1 of the Pa. MPC[5] 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.
[4]
Editor's Note: See 53 P.S. § 10916.1.
[5]
Editor's Note: See 53 P.S. §§ 10609.1 and 10916.1, respectively.
(2) 
If the City utilizes the procedures set forth in this section, it may not again utilize the same procedure for a thirty-six-month period following the date of the enactment of a curative amendment, or reaffirmation of the validity of its Zoning Ordinance; provided, however, if after the date of declaration and proposal there is a substantially new duty or obligation imposed upon the City by virtue of a change in statute or by virtue of a Pennsylvania Appellate Court decision, the City may utilize the provisions of this section to prepare a curative amendment to its ordinance to fulfill said duty or obligation.
E. 
Publication, advertisement and availability of ordinances.
(1) 
Proposed zoning ordinances and amendments shall not be enacted unless notice of proposed enactment is given in the manner set forth in this section, and shall include the time and place of the meeting at which passage will be considered, a reference to a place within the City where copies of the proposed ordinance or amendment may be examined without charge or obtained for a charge not greater than the cost thereof. City Council shall publish the proposed ordinance or amendment once in one newspaper of general circulation in the City not more than 60 days nor less than seven days prior to passage. Publication of the proposed ordinance or amendment shall include either the full text thereof or the title and a brief summary, prepared by the City Solicitor and setting forth all the provisions in reasonable detail. If the full text is not included:
(a) 
A copy thereof shall be supplied to a newspaper of general circulation in the City at the time the public notice is published.
(b) 
An attested copy of the proposed ordinance shall be filed in the Luzerne County law library or other county office designated by the Luzerne County Council, who may impose a fee no greater than that necessary to cover the actual costs of storing said ordinances.
(2) 
In the event substantial amendments are made in the proposed ordinance or amendment, before voting upon enactment, City Council shall, at least 10 days prior to enactment, readvertise, in one newspaper of general circulation in the City, a brief summary setting forth all the provisions in reasonable detail together with a summary of the amendments.
(3) 
Zoning ordinances and amendments may be incorporated into official ordinance books by reference with the same force and effect as if duly recorded therein.
A. 
Membership of Board. The Zoning Hearing Board shall consist of five residents of the City recommended for appointment by the Mayor and appointed by City Council. The existing terms of office shall continue, with terms of office being five years and so fixed that the term of office of one member shall expire each year. Members of the Zoning Board shall hold no other office in the City.
B. 
Alternate members. City Council may appoint by resolution at least one but no more than three residents of the City to serve as alternate members of the Board. The term of office of an alternate member shall be three years. When seated pursuant to the provisions of § 575-1111D below, an alternate shall be entitled to participate in all proceedings and discussions of the Board to the same and full extent as provided by law for board members, including specifically the right to cast a vote as a voting member during the proceedings, and shall have all the powers and duties set forth in this act and as otherwise provided by law. Alternates shall hold no other elected or appointed office in the City, including service as a member of the planning commission or as a Zoning Officer, nor shall any alternate be an employee of the City. Any alternate may participate in any proceeding or discussion of the Board but shall not be entitled to vote as a member of the Board nor be compensated pursuant to § 575-1111E unless designated as a voting alternate member pursuant to § 575-1111D.
C. 
Removal of members. Any zoning board member may be removed for malfeasance, misfeasance, or nonfeasance in office or for any other just cause by a majority vote of City Council, taken after the member has received 15 days' advance notice of the intent to take such a vote. A hearing shall be held in connection with the vote if the member shall request it in writing.
D. 
Organization of Board.
(1) 
Election of officers. The Zoning Board shall elect from its own membership its officers, who shall serve annual terms as such and may succeed themselves.
(2) 
Quorum/hearing officer. For the conduct of any hearing and the taking of any action, a quorum shall be not less than a majority of all the members of the Zoning Board. The Zoning Board, however, may appoint a hearing officer from its own membership to conduct any hearing on its behalf and the parties may waive further action by the Zoning Board. If by any reason of absence or disqualification of a member, a quorum is not reached, the Chairman of the Zoning Board shall designate as many alternate members of the Board to sit on the Zoning Board as may be needed to provide a quorum. Any alternate member of the Zoning Board shall continue to serve on the Zoning Board in all proceedings involving the matter or case for which the alternate was initially appointed until the Zoning Board has made a final determination of the matter or case. Designation of an alternate pursuant to this section shall be made on a case-by-case basis in rotation according to declining seniority among all alternates.
(3) 
Bylaws/records. The Zoning Board may make, alter and rescind rules and forms for its procedure, consistent with ordinances of the City and the laws of the commonwealth. The Zoning Board shall keep full public records of its business, which records shall be the property of the City, and the Board chairperson or its secretary shall submit an annual report of its activities to the City Council.
E. 
Expenditures for services. Within the limits of appropriated funds, the Zoning Board may employ or contract for secretaries, clerks, legal counsel, consultants, and other technical and clerical services. Members of the Zoning Hearing Board may receive compensation for the performance of their duties, as may be fixed by City Council. Alternate members of the Zoning Hearing Board may receive compensation, as may be fixed by City Council, for the performance of their duties when designated as alternate members, but in no case shall such compensation exceed the rate of compensation authorized to be paid to the members by City Council.
F. 
Hearings. The Zoning Board shall conduct hearings and render decisions in accordance with the following:
(1) 
Notice of hearings. Public notice shall be given and written notice shall be given to the applicant, the Zoning Officer, such other persons as the governing body shall designate by ordinance and to any person who has made timely request for the same. In addition to the written notice provided herein, written notice of said hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing. The posting may be performed by the applicant provided that an affidavit of posting is submitted to the Zoning Board at the commencement of the hearing. No other written notices shall be required.
(2) 
Fees for hearings. City Council may prescribe reasonable fees with respect to hearings before the Zoning Board. Fees for said hearings may include compensation for the secretary and Board members, notice and advertising costs and necessary administrative overhead connected with the hearing. The costs, however, shall not include legal expenses of the Zoning Board, expenses for engineering, architectural or other technical consultants or expert witness costs.
(3) 
Time periods for hearings. The first hearing before the Zoning Board or hearing officer shall be commenced within 60 days from the date of receipt of the applicant's application, unless the applicant has agreed in writing to an extension of time. Each subsequent hearing before the Zoning Board or hearing officer shall be held within 45 days of the prior hearing, unless otherwise agreed to by the applicant in writing or on the record. An applicant shall complete the presentation of his, her or its case-in-chief within 100 days of the first hearing. Upon the request of the applicant, the Zoning 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 their opposition to the application within 100 days of the first hearing held after the completion of the applicant's case-in-chief. The applicant may, upon request, be granted additional hearings to complete his, her or its 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 City, be granted additional hearings to complete their opposition to the application provided the applicant is granted an equal number of additional hearings for rebuttal.
(4) 
Conduct of hearings. The hearings shall be conducted by the Zoning Board or the Zoning Board may appoint any member or an independent attorney as a hearing officer. The decision, or, where no decision is called for, the findings shall be made by the Zoning Board; however, the appellant or the applicant, as the case may be, in addition to the City, may, prior to the decision of the hearing, waive decision or findings by the Zoning Board and accept the decision or findings of the hearing officer as final.
(5) 
Parties to the hearings. The parties to the hearing shall be the City, any person affected by the application who has made timely appearance of record before the Board, and any other person including civic or community organizations permitted to appear by the Board. The Zoning Board shall have power to require that all persons who wish to be considered parties enter appearances in writing on forms provided by the Zoning Board for that purpose.
(6) 
Oaths/subpoenas. The Chairman or Acting Chairman of the Zoning Board or the hearing officer presiding shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by the parties.
(7) 
Right to representation/evidence/argument. 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.
(8) 
Rules of evidence. Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded.
(9) 
Stenographic record and transcript fees. The Zoning Board or the hearing officer, as the case may be, shall keep a stenographic record of the proceedings. The appearance fee for a stenographer shall be shared equally by the applicant and the Zoning Board. The cost of the original transcript shall be paid by the Zoning Board if the transcript is ordered by the Zoning Board or hearing officer or shall be paid by the person appealing from the decision of the Zoning Board if such appeal is made, and in either event, the cost of additional copies shall be paid by the person requesting such copy or copies. In other cases, the party requesting the original transcript shall bear the cost thereof.
(10) 
Communications and site visits. The Zoning Board or the hearing officer shall not communicate, directly or indirectly, with any party or his or her representatives in connection with any issue involved except upon notice and opportunity for all parties to participate, shall not take notice of any communication, reports, staff memoranda, or other materials, except advice from their solicitor, unless the parties are afforded an opportunity to contest the material so noticed and shall not inspect the site or its surroundings after the commencement of hearings with any party or his representative unless all parties are given an opportunity to be present.
(11) 
Time periods for hearings, decisions and findings. The Zoning Board or the hearing officer, as the case may be, shall render a written decision or, when no decision is called for, make written findings on the application within 45 days after the last hearing before the Zoning Board or hearing officer. Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon together with the reasons thereof. Conclusions based on any provisions of this chapter 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. If the hearing is conducted by a hearing officer and there has been no stipulation that his decision or findings are final, the Zoning Board shall make his report and recommendations available to the parties within 45 days and the parties shall be entitled to make written representations thereon to the Zoning Board prior to final decision or entry of findings, and the Zoning Board's decision shall be entered no later than 30 days after the report of the hearing officer. Except for substantive challenges to the validity of the ordinance under § 575-1110 of this chapter, where the Zoning Board fails to render the decision within the period required by this subsection or fails to commence, conduct or complete the required hearing as provided in Subsection F(3) of this section above, 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 Board to meet or render a decision as hereinabove provided, the Zoning Board shall give public notice of said decision within 10 days from the last day it could have met to render a decision in the same manner as provided in Subsection F(1) of this section above. If the Zoning Board shall fail to provide such notice, the applicant may do so. Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.
(12) 
Mailing, copies and notice of decisions. A copy of the final decision or, where no decision is called for, of the findings shall be delivered to the applicant personally or mailed to him, her or it not later than the day following its date. To all other persons who have filed their name and address with the Zoning Board not later than the last day of the hearing, the Zoning Board shall provide by mail or otherwise, brief notice of the decision or findings and a statement of the place at which the full decision or findings may be examined.
A. 
Parties to zoning hearing proceedings under this chapter may utilize mediation as an aid in completing such proceedings. In proceedings before the Zoning Board, in no case shall the Zoning Board initiate mediation or participate as a mediating party. Mediation shall supplement, not replace, the procedures in this chapter 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.
B. 
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. Any municipality offering the mediation option shall assure that, in each case, the mediating parties, assisted by the mediator as appropriate, develop terms and conditions for:
(1) 
Funding mediation.
(2) 
Selecting a mediator who, at a minimum, shall have a working knowledge of municipal zoning and subdivision procedures and demonstrated skills in mediation.
(3) 
Completing mediation, including time limits for such completion.
(4) 
Suspending time limits otherwise authorized in the Pennsylvania Municipalities Planning Code[1] and this chapter, provided there is written consent by the mediating parties, and by an applicant or municipal decision making body if either is not a party to the mediation.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(5) 
Identifying all parties and affording them the opportunity to participate.
(6) 
Subject to legal restraints, determining whether some or all of the mediation sessions shall be open or closed to the public.
(7) 
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 under the Pennsylvania Municipalities Planning Code[2] and this chapter.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
C. 
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.
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 for those brought before City Council, such as in the case of a landowner curative amendment.
B. 
Challenges to the validity of any land use ordinance, based upon procedural questions or alleged defects in the process of enactment or adoption. Challenges based upon procedural questions or alleged defects shall be raised by an appeal to the Zoning Board within 30 days after the effective date of the ordinance subject to the appeal.
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 an application, the issuance of any cease-and-desist order, the revocation of a zoning permit or building permit or the registration or refusal to register any nonconforming use, structure or lot.
D. 
Appeals from a determination by the Zoning Officer with reference to the administration of any floodplain provision or regulation within any land use ordinance.
E. 
Applications for variances from the terms of this chapter.
F. 
Applications for special exceptions under this chapter.
G. 
Appeals from the determination of the Zoning Officer or the City Engineer in the administration of any land use ordinance or provision thereof with reference to sedimentation and erosion control and stormwater management not related to development which is classified as a subdivision, land development, or a planned residential development.
A. 
Provisions for granting variances. The Zoning Board shall hear requests for variances if it is alleged that the provisions of this chapter inflict unnecessary hardship upon the applicant. All applications for variances shall be on forms proscribed by the City and shall require preliminary application to the Zoning Officer. The Zoning Board may grant a variance, provided that all of 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 unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of the Zoning Ordinance in the neighborhood or district in which the property is located.
(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 the Zoning Ordinance and that 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 that will afford relief and will represent the least modification possible of the regulation in issue.
B. 
Referral to Planning Commission. The Zoning Board, prior to deciding on a use variance application, may refer the application to the City Planning Commission for review and recommendation to the Zoning Board.
C. 
Reasonable conditions and safeguards. In granting any variance, the Zoning Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter and the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A. 
Additional information required. In addition to the required site plan and information to accompany a zoning permit application under § 575-1102B above, each special exception application shall include the following:
(1) 
Ground floor plans and elevations of proposed structures;
(2) 
A scaled drawing (site plan) of the site, including finished topography with sufficient detail and accuracy to demonstrate compliance with all applicable provisions of this chapter; and
(3) 
A written description of the proposed use in sufficient detail to demonstrate compliance with all applicable provisions of this chapter.
B. 
Provisions for granting special exceptions. When special exceptions are allowed by this chapter, the Zoning Hearing Board shall hear and decide requests for such special exceptions in accordance with provisions of this chapter. All applications for special exceptions shall be on forms proscribed by the City and shall require preliminary application to the Zoning Officer. The Zoning Board shall grant approval only upon the determination that all applicable standards, criteria and provisions within this chapter, including the following have been met:
(1) 
Public services and facilities such as water supply, sewage disposal, storm drainage, and fire and police protection are adequate for the proposed use and development.
(2) 
Existing and future streets and access to the subject property shall be adequate for emergency services while avoiding undue congestion, and providing for the safety and convenience of pedestrian and vehicular traffic.
(3) 
The relationship of the proposed use and development to other uses and activities existing or planned in the vicinity shall be harmonious in terms of their location and site relative to the proposed operation, and the nature and intensity of the use.
(4) 
The relationship of the proposed use and development to other activities existing or planned in the vicinity shall be harmonious in terms of the character and height of buildings, walls, and fences so that the use, development, and value of adjacent property is not impaired.
(5) 
The proposed use and development shall not be more objectionable in its operations in terms of noise, fumes, odors, vibration, or lights than would be the operations of any permitted use in the zoning district.
(6) 
The proposed use and development shall not be injurious to the public health, safety, welfare and morals.
(7) 
The specific standards set forth for each particular use for which a special exception may be granted have been met.
(8) 
The proposed use meets all of the other applicable requirements of this chapter.
(9) 
The proposed use shall be consistent with the purpose and intent of the Zoning Ordinance and the City Comprehensive Plan.
C. 
Referral to Planning Commission. The Zoning Board prior to deciding a special exception application may refer that application to the City Planning Commission for review and recommendation.
D. 
Reasonable conditions and safeguards. In granting special exception approval, the Zoning Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter and the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
E. 
Environmental impact statement (EIS). An EIS may be required by the Zoning Hearing Board to be performed by the applicant. The purpose of this EIS is to disclose the impacts of a proposed use upon the environment so that the Zoning Hearing Board could decide whether to approve or deny the application or approve the application with conditions. The statement, if required, shall be prepared by a professional engineer licensed within the Commonwealth of Pennsylvania and shall include, at a minimum, an analysis of the items listed below regarding the impact of the proposed use and the mitigation of any such impacts:
(1) 
Soil types.
(a) 
USDA soil types (show on map).
(b) 
Permeability of soil on the site.
(c) 
Rate of percolation of water through the soil for each five acres.
(d) 
Surface waters.
[1] 
Distance of site from nearest surface water and head waters of streams.
[2] 
Sources of runoff water.
[3] 
Rate of runoff from the site.
[4] 
Destination of runoff water and method of controlling downstream effects.
[5] 
Chemical additives to runoff water on the site.
[6] 
Submission of an erosion and sediment control plan meeting the requirements of the PA DEP and the Luzerne Conservation District.
[7] 
The information shall be set forth in a stormwater management plan meeting the requirements of Chapter 424, Subdivision and Land Development.
(2) 
Ground cover including vegetation and animal life.
(a) 
Extent of existing impervious ground cover on the site.
(b) 
Extent of proposed impervious ground cover on the site.
(c) 
Type and extent of existing vegetative cover on the site.
(d) 
Extent of proposed vegetative cover on the site.
(e) 
Type of animal life and effect on habitat.
(f) 
Topographic and geologic.
[1] 
Maximum existing elevation of site.
[2] 
Minimum existing elevation of site.
[3] 
Maximum proposed elevation of site.
[4] 
Minimum proposed elevation of site.
[5] 
Description of the topography of the site and any special topographic features, and any proposed changes in topography.
[6] 
Surface and subsurface geology.
(3) 
Groundwater.
(a) 
Average depth to seasonal high water table.
(b) 
Minimum depth to water table on site.
(c) 
Maximum depth to water table on site.
(d) 
Quality.
(e) 
Water supply.
[1] 
The source and adequacy of water to be provided to the site.
[2] 
The expected water requirements (gpd) for the site.
[3] 
The uses to which water will be put.
(4) 
Sewage disposal.
(a) 
Sewage disposal system (description and location).
(b) 
Expected content of the sewage effluent (human waste, pesticides, detergents, oils, heavy metals, other chemical).
(c) 
Expected daily volumes of sewage.
(d) 
Affected sewage treatment plant's present capacity and authorized capacity.
(5) 
Solid waste.
(a) 
Estimated quantity of solid waste to be developed on the site during and after construction.
(b) 
Method of disposal of solid waste during and after construction.
(c) 
Plans for recycling of solid waste during and after construction.
(6) 
Air quality.
(a) 
Expected changes in air quality due to activities at the site during and after construction.
(b) 
Plans for control of emissions affecting air quality.
(c) 
Establishment of air quality goals, including a description of any programs to be implemented to achieve those air quality goals, a development plan for control strategies, and a schedule explaining the manner for ongoing evaluations.
(7) 
Noise.
(a) 
Source and magnitude of noise levels expected to be generated at the site during and after construction.
(b) 
Proposed method for control of additional noise on site during and after construction.
(8) 
Property values.
(a) 
Identify, measure and explain the impact of the proposed use on real estate values.
(b) 
In an effort to measure the impact of a proposed use on property values, sale transactions of both homes located next to the proposed use, if any, and those that are away from the proposed use, but in the same community, shall be examined.
(c) 
The date once collected shall be analyzed on a sales comparison approach before development of the proposed use and assuming post-development of the proposed use. Similarly situated uses in other areas should be examined when possible to determine what, if any, impact the proposed use will have on surrounding residential property values.
(9) 
Land and water surface use and community character.
(a) 
Past and present use of the site with particular attention to storage or disposal of toxic or hazardous waste.
(b) 
Adjoining land uses and character of the area.
(c) 
Type and concentration of existing watercraft uses.
(10) 
Critical impact areas. Any area, condition, or feature which is environmentally sensitive, or which, if disturbed during construction, would adversely affect the environment. Critical impact areas include, but are not limited to, stream corridors, streams, wetlands, slopes greater than 15%, highly acid or highly erodible soils, areas of high water table, and mature stands of native vegetation and aquifer recharge and discharge areas.
(11) 
Historic resources. Identification of structures or sites of historic significance and probable effect of the project.
(12) 
Transportation network. Existing network traffic volumes and capacities and need for improvements required by the project.
(13) 
Law enforcement. Existing law enforcement capabilities of the City and state; and assess the impact of the proposed development on said law enforcement agencies along with actions proposed to mitigate any burdens created by the development.
(14) 
Community facilities and services. Existing community facilities and services and how the proposed use will affect those facilities and services, including projected needs for additional facilities and services.
(15) 
Economic and social impacts. The local economy and social structure and how the proposed use is likely to affect them.
(16) 
Additional requirements. In addition to the above requirements, the governing body may require such other information as may be reasonably necessary for the City to evaluate the proposed use for its impacts upon the community, including but not limited to:
(a) 
A description of alternatives to the proposed use.
(b) 
A statement of any adverse impacts which cannot be avoided.
(c) 
Environmental protection measures, procedures and schedules to minimize damage to critical impact areas during and after construction.
(d) 
A list of all licenses, permits and other approvals required by municipal, county or state law and the status of each with copies of all completed applications/submissions.
(e) 
A listing of steps proposed to minimize environmental damage to the site and region during and after construction.
A. 
Additional information required. In addition to the required site plan and information to accompany a zoning permit application under § 575-1102B above each conditional use application shall include the following:
(1) 
Ground floor plans and elevations of proposed structures;
(2) 
A scaled drawing (site plan) of the site, including finished topography with sufficient detail and accuracy to demonstrate compliance with all applicable provisions of this chapter; and
(3) 
A written description of the proposed use in sufficient detail to demonstrate compliance with all applicable provisions of this chapter.
B. 
Provisions for granting conditional use. When a conditional use is allowed by this chapter, the governing body shall hear and decide requests for such in accordance with provisions of this chapter. All applications for conditional uses shall be on forms proscribed by the City and shall require preliminary application to the Zoning Officer. The governing body shall grant approval only upon the determination that all applicable standards, criteria and provisions within this chapter, including the following, have been met:
(1) 
Public services and facilities such as water supply, sewage disposal, storm drainage, and fire and police protection are adequate for the proposed use and development.
(2) 
Existing and future streets and access to the subject property shall be adequate for emergency services while avoiding undue congestion, and providing for the safety and convenience of pedestrian and vehicular traffic.
(3) 
The relationship of the proposed use and development to other uses and activities existing or planned in the vicinity shall be harmonious in terms of their location and site relative to the proposed operation, and the nature and intensity of the use.
(4) 
The relationship of the proposed use and development to other activities existing or planned in the vicinity shall be harmonious in terms of the character and height of buildings, walls, and fences so that the use, development, and value of adjacent property is not impaired.
(5) 
The proposed use and development shall not be more objectionable in its operations in terms of noise, fumes, odors, vibration, or lights than would be the operations of any permitted use in the zoning district.
(6) 
The proposed use and development shall not be injurious to the public health, safety, welfare and morals.
(7) 
The specific standards set forth for each particular use for which a conditional use may be granted have been met.
(8) 
The proposed use meets all of the other applicable requirements of this chapter.
(9) 
The proposed use shall be consistent with the purpose and intent of the Zoning Ordinance and the City Comprehensive Plan.
C. 
Referral to Planning Commission. The governing body prior to deciding a conditional use application shall refer the application to the City Planning Commission for review and recommendation.
D. 
Reasonable conditions and safeguards. In granting conditional use approval, the governing body may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter and the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
E. 
Environmental Impact Statement (EIS). An EIS may be required by the governing body to be performed by the applicant. The purpose of this EIS is to disclose the impacts of a proposed use upon the environment so that the governing body could decide whether to approve or deny the application or approve the application with conditions. The statement, if required, shall be prepared by a professional engineer licensed within the Commonwealth of Pennsylvania and shall include, at a minimum, an analysis of the items listed below regarding the impact of the proposed use and the mitigation of any such impacts:
(1) 
Soil types.
(a) 
USDA Soil types (show on map).
(b) 
Permeability of soil on the site.
(c) 
Rate of percolation of water through the soil for each five acres.
(d) 
Surface waters.
[1] 
Distance of site from nearest surface water and headwaters of streams.
[2] 
Sources of runoff water.
[3] 
Rate of runoff from the site.
[4] 
Destination of runoff water and method of controlling downstream effects.
[5] 
Chemical additives to runoff water on the site.
[6] 
Submission of an erosion and sediment control plan meeting the requirements of the PA DEP and the Luzerne Conservation District.
[7] 
The information shall be set forth in a stormwater management plan meeting the requirements of Chapter 475, Subdivision and Land Development.
(2) 
Ground cover, including vegetation and animal life.
(a) 
Extent of existing impervious ground cover on the site.
(b) 
Extent of proposed impervious ground cover on the site.
(c) 
Type and extent of existing vegetative cover on the site.
(d) 
Extent of proposed vegetative cover on the site.
(e) 
Type of animal life and effect on habitat.
(f) 
Topographic and geologic.
[1] 
Maximum existing elevation of site.
[2] 
Minimum existing elevation of site.
[3] 
Maximum proposed elevation of site.
[4] 
Minimum proposed elevation of site.
[5] 
Description of the topography of the site and any special topographic features, and any proposed changes in topography.
[6] 
Surface and subsurface geology.
(3) 
Groundwater.
(a) 
Average depth to seasonal high water table.
(b) 
Minimum depth to water table on site.
(c) 
Maximum depth to water table on site.
(d) 
Quality.
(e) 
Water supply.
[1] 
The source and adequacy of water to be provided to the site.
[2] 
The expected water requirements (gpd) for the site.
[3] 
The uses to which water will be put.
(4) 
Sewage disposal.
(a) 
Sewage disposal system (description and location).
(b) 
Expected content of the sewage effluent (human waste, pesticides, detergents, oils, heavy metals, other chemical).
(c) 
Expected daily volumes of sewage.
(d) 
Affected sewage treatment plant's present capacity and authorized capacity.
(5) 
Solid waste.
(a) 
Estimated quantity of solid waste to be developed on the site during and after construction.
(b) 
Method of disposal of solid waste during and after construction.
(c) 
Plans for recycling of solid waste during and after construction.
(6) 
Air quality.
(a) 
Expected changes in air quality due to activities at the site during and after construction.
(b) 
Plans for control of emissions affecting air quality.
(c) 
Establishment of air quality goals, including a description of any programs to be implemented to achieve those air quality goals, a development plan for control strategies, and a schedule explaining the manner for ongoing evaluations.
(7) 
Noise.
(a) 
Source and magnitude of noise levels expected to be generated at the site during and after construction.
(b) 
Proposed method for control of additional noise on site during and after construction.
(8) 
Property values.
(a) 
Identify, measure and explain the impact of the proposed use on real estate values.
(b) 
In an effort to measure the impact of a proposed use on property values, sale transactions of both homes located next to the proposed use, if any, and those that are away from the proposed use, but in the same community, shall be examined.
(c) 
The date once collected shall be analyzed on a sales comparison approach before development of the proposed use and assuming post-development of the proposed use. Similarly situated uses in other areas should be examined when possible to determine what, if any, impact the proposed use will have on surrounding residential property values.
(9) 
Land and water surface use and community character.
(a) 
Past and present use of the site with particular attention to storage or disposal of toxic or hazardous waste.
(b) 
Adjoining land uses and character of the area.
(c) 
Type and concentration of existing water craft uses.
(10) 
Critical impact areas. Any area, condition, or feature which is environmentally sensitive, or which, if disturbed during construction, would adversely affect the environment. Critical impact areas include, but are not limited to, stream corridors, streams, wetlands, slopes greater than 15%, highly acid or highly erodible soils, areas of high water table, and mature stands of native vegetation and aquifer recharge and discharge areas.
(11) 
Historic resources. Identification of structures or sites of historic significance and probable effect of the project.
(12) 
Transportation network. Existing network traffic volumes and capacities and need for improvements required by the project.
(13) 
Law enforcement. Existing law enforcement capabilities of the City and state; and assess the impact of the proposed development on said law enforcement agencies along with actions proposed to mitigate any burdens created by the development.
(14) 
Community facilities and services. Existing community facilities and services and how the proposed use will affect those facilities and services, including projected needs for additional facilities and services.
(15) 
Economic and social impacts. The local economy and social structure and how the proposed use is likely to affect them.
(16) 
Additional requirements. In addition to the above requirements, the governing body may require such other information as may be reasonably necessary for the City to evaluate the proposed use for its impacts upon the community, including but not limited to:
(a) 
A description of alternatives to the proposed use.
(b) 
A statement of any adverse impacts which cannot be avoided.
(c) 
Environmental protection measures, procedures and schedules to minimize damage to critical impact areas during and after construction.
(d) 
A list of all licenses, permits and other approvals required by municipal, county or state law and the status of each with copies of all completed applications/submissions.
(e) 
A listing of steps proposed to minimize environmental damage to the site and region during and after construction.
F. 
Conditional use hearings. Conditional use hearings shall be conducted in the same manner as zoning hearings under § 575-1111F above.
An application for a variance, special exception or conditional use shall not be considered by the Zoning Board until the applicant has submitted a zoning permit application and site plan to the Zoning Officer and the Zoning Officer has denied the application.
Appeals before the Zoning Hearing Board or governing body shall be filed in writing by the affected landowner or by an aggrieved person or party. The Zoning Board or the governing body shall not accept appeal applications or proceed with any hearings from any tenant or equitable owner of a property without the express written consent of the landowner or legal title holder of the property.
The procedures set forth in Article X-A of the Pennsylvania Municipalities Planning Code, as amended,[1] shall constitute the exclusive mode for securing review of any decision rendered under this chapter.
A. 
Jurisdiction and venue on appeal and time for appeal. All appeals from all land use decisions rendered pursuant to Article XI shall be taken to the Court of Common Pleas of Luzerne County within 30 days from the date of mailing 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.
B. 
Procedural defects. Challenges to the validity of this chapter or the Zoning Map, or any amendment, raising procedural questions or alleged defects in the process of enactment or adoption shall be raised by appeal taken directly to the Court of Common Pleas of Luzerne County within 30 days after the intended effective date of this chapter or any amendment unless a party establishes each of the following:
(1) 
There was a failure to strictly comply with statutory procedure.
(2) 
There was a failure to substantially comply with statutory procedure which resulted in insufficient notification to the public of impending changes in or the existence of the ordinance, so that the public would be prevented from commenting on those changes and intervening, if necessary, or from having knowledge of the existence of the ordinance.
(3) 
There exist facts sufficient to rebut any presumption that the City, residents, and landowners within the City have substantially relied upon the validity and effectiveness of the ordinance.
(4) 
If the challenge is made more than two years from the date of the alleged enactment, it must also be shown that:
(a) 
The challenge would impermissibly deprive the appellants of constitutional rights to property and due process.
(b) 
There was a failure to substantially comply with statutory procedure which resulted in insufficient notification to the public of impending changes in or the existence of the ordinance, so that the public would be prevented from commenting on those changes and intervening, if necessary, or from having knowledge of the existence of the ordinance.
(c) 
There exist facts sufficient to rebut any presumption that the City, residents and landowners within the City have substantially relied upon the validity and effectiveness of the ordinance.
C. 
Appeals to court; commencement; and stay of proceedings.
(1) 
Land use appeals shall be entered as of course by the prothonotary upon the filing of a land use appeal notice which concisely sets forth the grounds on which the appellant relies. The appeal notice need not be verified. The land use appeal notice shall be accompanied by a true copy thereof.
(2) 
Upon filing of a land use appeal, the Prothonotary shall forthwith, as of course, send to City Council, the Zoning Board or agency whose decision or action has been appealed, by registered or certified mail, the copy of the land use appeal notice, together with a writ of certiorari commanding City Council or the Zoning Board, within 20 days after receipt thereof, to certify to the court its entire record in the matter in which the land use appeal has been taken, or a true and complete copy thereof, including any transcript of testimony in existence and available to City Council or Zoning Board at the time it received the writ of certiorari.
(3) 
If the appellant is a person other than the landowner of the land directly involved in the decision or action appealed from, the appellant, within seven days after the land use appeal is filed, shall serve a true copy of the land use appeal notice by mailing said notice to the landowner or his attorney at his last known address. For identification of such landowner, the appellant may rely upon the record of the City and, in the event of good faith mistakes as to such identity, may make such service nunc pro tunc by leave of court.
(4) 
The filing of an appeal in court under this section shall not stay the action appealed from, but the appellants may petition the court for a stay. If the appellants are persons who are seeking to prevent a use or development of the land of another, whether or not a stay is sought by them, the landowner whose use or development is in question may petition the court to order the appellants to post bond as a condition to proceeding with the appeal. After the petition for posting a bond is presented, the court shall hold a hearing to determine if the filing of the appeal is frivolous. At the hearing, evidence may be presented on the merits of the case. It shall be the burden of the landowners to prove the appeal is frivolous. After consideration of all evidence presented, if the court determines that the appeal is frivolous, it shall grant the petition for posting a bond. The right to petition the court to order the appellants to post bond may be waived by the appellee, but such waiver may be revoked by him, her or it if an appeal is taken from a final decision of the Court. The question of the amount of the bond shall be within the sound discretion of the court. An order denying a petition for bond shall be interlocutory. An order directing the respondent to the petition for posting a bond to post a bond shall be interlocutory. If an appeal is taken by a respondent to the petition for posting a bond from an order of the court dismissing a land use appeal for refusal to post a bond, such responding party, upon motion of petitioner and, after hearing in the court having jurisdiction of land use appeals, shall be liable for all reasonable costs, expenses and attorney fees incurred by petitioner.
D. 
Intervention. Within the 30 days first following the filing of a land use appeal, if the appeal is from a board or agency of the City, the City and any owner or tenant of property directly involved in the action appealed from may intervene as of course by filing a notice of intervention, accompanied by proof of service of the same, upon each appellant or each appellant's counsel of record. All other intervention shall be governed by the Pennsylvania Rules of Civil Procedure.
E. 
Hearing and argument of land use appeal. If, upon motion, it is shown that proper consideration of the land use appeal requires the presentation of additional evidence, a judge of the court may hold a hearing to receive additional evidence, may remand the case to the body, agency or officer whose decision or order has been brought up for review, or may refer the case to a referee to receive additional evidence, provided that appeals brought before the court pursuant to § 575-1110 of this chapter governing substantive challenges to the validity of this chapter shall not be remanded for further hearings before anybody, agency or officer of the City. If the record below includes findings of fact made by the City Council, Zoning Board or agency whose decision or action is brought up for review and the court does not take additional evidence or appoint a referee to take additional evidence, the findings of City Council or the Zoning Board shall not be disturbed by the court if supported by substantial evidence. If the record does not include findings of fact or if additional evidence is taken by the court or by a referee, the court shall make its own findings of fact based on the record below as supplemented by the additional evidence, if any.
F. 
Judicial relief.
(1) 
In a land use appeal, the court shall have the power to declare an ordinance or map invalid and set aside or modify any action, decision or order of City Council, the Zoning Hearing Board or Zoning Officer or City Engineer brought up on appeal.
(2) 
If the court finds that an ordinance or map, or a decision or order thereunder, which has been brought up for review unlawfully prevents or restricts a development or use which has been described by the landowner through plans and other materials submitted to the City, the Zoning Hearing Board, Zoning Officer or City Engineer whose action or failure to act is in question on the appeal, it may order the described development or use approved as to all elements or it may order it approved as to some elements and refer other elements to City Council, the Zoning Hearing Board, Zoning Officer or City Engineer having jurisdiction thereof for further proceedings, including the adoption of alternative restrictions, in accordance with the court's opinion and order.
(3) 
Upon motion any of the parties or upon motion by the court, the judge of the court may hold a hearing or hearings to receive additional evidence or employ experts to aid the court to frame an appropriate order. If the court employs an expert, the report or evidence of such expert shall be available to any party and he or she shall be subject to examination or cross-examination by any party. He or she shall be paid reasonable compensation for his or her services which may be assessed against any or all of the parties as determined by the court. The court shall retain jurisdiction of the appeal during the pendency of any such further proceedings and may, upon motion of the landowner, issue such supplementary orders as it deems necessary to protect the rights of the landowner as declared in its opinion and order.
(4) 
The fact that the plans and other materials are not in a form or are not accompanied by other submissions which are required for final approval of the development or use in question or for the issuance of permits shall not prevent the court from granting the definitive relief authorized. The court may act upon preliminary or sketch plans by framing its decree to take into account the need for further submissions before final approval is granted.
[1]
Editor's Note: See 53 P.S. § 11001-A et seq.