A.
Conformance. Any activity regulated by this chapter shall only occur
or be undertaken and be continued in conformance with the requirements
of this chapter.
C.
Regulated activities. Any of the following activities or any other
activity or matter regulated by this chapter shall only be undertaken
after the required permit or approval has been obtained in full compliance
with this chapter:
D.
Repairs and maintenance. (Note: A Uniform Construction Code permit
may be required in cases where a zoning permit is not required.) Ordinary
repairs, structural strengthening, facade improvements and maintenance
to existing structures that do not infringe upon a required setback
may be made without a zoning permit provided such activity does not
involve 1) a change in use; 2) an expansion, construction, or placement
of a structure; 3) an increase in the number of dwelling units or
boarding house units; and/or any other activity regulated by this
chapter.
A.
Applications. Within 20 calendar days of receiving any application,
the Zoning Officer shall:
(1)
Principal permitted and accessory uses.
(a)
Issue the permit.
(b)
Deny the permit, indicating the reasons in writing to the applicant
or his/her representative.
(c)
Provide written notice to the applicant or his/her representative
that a permit cannot be issued or denied. The notice shall include
instructions regarding the information necessary to bring the application
to a point where the Zoning Officer can act on the application. The
notice shall also include a time period for submission of the information
to complete the application for Zoning Officer action. If the requested
information is not provided by this deadline, the Zoning Office shall
issue or deny the permit, as appropriate.
B.
Reviews. Certain activities require review and/or approval of the
Zoning Hearing Board and/or of the Borough Council, and/or the recommendations
of the Planning Commission. In such case, the Zoning Officer shall
not issue a zoning permit until such required review or approval occurs.
C.
Appeal. See § 500-173B(2).
D.
Timing. After a zoning permit has been received by the applicant,
the applicant may undertake the action permitted by the permit under
this chapter provided the work complies with other Borough ordinances.
However, it is recommended that applicants wait 30 days to begin construction
if there is a possibility of an appeal by another party to have the
permit revoked. Any commencement of construction or use within this
thirty-day appeal period shall be at the risk of the applicant.
B.
Types of uses.
(1)
Principal permitted and accessory uses. If a use is classified as a principal permitted use or an accessory use by this chapter and meets the requirements of this chapter, the Zoning Officer act on the application in accord with § 500-169A(1).
(3)
Conditional use. A permit under this chapter for a conditional
use shall be issued by the Zoning Officer only upon the written order
of the Borough Council, after the Planning Commission has been given
an opportunity to review the application.
C.
Applications.
(1)
Applications. Any request for action by the Zoning Hearing Board,
application for a conditional use, or for a permit under this chapter
shall be made in writing on a form provided by the Borough and in
accord with the procedures established by the Borough. The completed
application, with any required fees, and with any required site plans
or other required information, shall be submitted to the Borough employee
responsible for processing such application. The applicant is responsible
to ensure that a responsible Borough official notes the date of the
official receipt on the application.
(2)
Number of copies. Two copies of the site plan shall be submitted
if action by the Zoning Officer is required, and eight copies of the
site plan shall be submitted if action by the Zoning Hearing Board
or Borough Council is required.
(3)
Information required. Any application to the Zoning Officer,
Zoning Hearing Board, Planning Commission or Borough Council shall
include the following information.
In the case of an application involving the construction of any new structure or any addition to an existing structure, all of the information required in this § 500-170C shall be provided by the applicant. However, the Zoning Officer, Planning Commission, Borough Council, or the Zoning Hearing Board, as the case may be, may determine, as part of the review process, that certain information is not required for a particular application, and upon such determination, the specified information need not be provided by the applicant.
In the case of an application which does not involve the construction of any new structure or any addition to an existing structure, a narrative providing details of the project shall be provided as required by this section. However, a plot plan, as required by § 500-170C(3)(f), shall not generally be required unless the Zoning Officer, Planning Commission, Borough Council, or the Zoning Hearing Board, as the case may be, deems such plot plan necessary to evaluate and make a decision on the application. The Zoning Officer, Planning Commission, Borough Council, or the Zoning Hearing Board, as the case may be, shall determine, as part of the review process, the type of information and level of detail of the plot plan if such plot plan is required.
In any case, the Zoning Officer, Planning Commission, Borough
Council, or the Zoning Hearing Board, as the case may be, may require
any other additional information or any level of detail deemed necessary
to determine compliance with this chapter or to identify any impacts
of the proposed use.
(a)
Names and address of the applicant, or appellant; and the name
and address of the owner of the affected property.
(b)
A description of the existing and proposed use(s) of the property,
including numbers of dwelling units, minimum square feet of proposed
dwelling units and number of proposed business establishments, if
any.
(c)
A description of any proposed nonresidential operations and
storage in sufficient detail to indicate potential nuisances and hazards
regarding noise, large truck traffic, glare, odors, dust, fire or
toxic or explosive hazards or other significant public health and
safety hazards.
(d)
If a principal nonresidential use is proposed within close proximity
to dwellings, a description of hours of operation and proposed methods
of storing garbage outdoors on-site.
(e)
A listing of any specific sections of this chapters being appealed,
with the reasons for any appeal and
(f)
A plot plan legible in every detail and drawn to scale but not
necessarily showing precise dimensions, and including the following
information as needed to document compliance with this chapter:
[1]
Name of the development.
[2]
Name and address of landowner and/or land developer (if corporation
give name of officers).
[3]
Location map.
[4]
North arrow, true or magnetic.
[5]
Graphic scale.
[6]
Written scale.
[7]
Date plot plan was completed.
[8]
Names of adjacent property owners and tax map numbers, including
across adjacent roads.
[9]
Proposed and existing street and lot layout including street
names and right-of-way widths.
[10]
Existing and proposed man-made and/or natural
features.
[a]
Water courses, lakes, and wetlands (with names).
[b]
Significant rock outcrops, ledges, and stone fields.
[c]
Buildings, structures, signs and required setbacks.
[d]
Approximate location of tree masses.
[e]
Utility lines, wells, and sewage system(s).
[f]
Entrances, exits, access roads and parking areas
including the number of spaces.
[g]
Drainage and storm water management facilities.
[h]
Plans for any required buffer plantings.
[i]
Any and all other significant features.
(g)
Location of permanent and seasonal high water table soils and
100-year flood zones.
(h)
Tract boundaries accurately labeled. The Zoning Officer, at
his discretion, may require a survey prepared by a Pennsylvania registered
land surveyor for any application.
(i)
The total acreage of the tract and extent of the areas of the
site to be disturbed and percentage lot coverage when the project
is completed.
(j)
Location and type of rights-of-way or other existing restrictive
covenants which might affect the subdivision and/or development.
(k)
A statement of the type of water supply and sewage disposal
proposed.
(l)
The present zoning district and applicable lot size, setback,
lot coverage, building height and other requirements.
(4)
Other laws. The Zoning Officer may withhold issuance of a permit
under this chapter if there is clear knowledge by the Zoning officer
that such a use would violate another Borough, state or federal law
or regulation.
(5)
Ownership. No person other than a landowner or their specifically authorized agent or a tenant or lessee with written permission of the landowner shall submit a zoning application. See definition of "landowner" in Article III.
(6)
Advisory reviews. The Zoning Officer may submit a copy of any
plan and application to any appropriate agencies and/or individuals
(such as the Planning Commission, the Carbon County Planning Commission,
the County Conservation District or Borough Engineer) for review and
comment.
(7)
Subdivision approval. Applications for uses which also necessitate approvals under Chapter 390 (Subdivision and Land Development) shall be processed in the manner provided for plat approval under that chapter. Such applications shall also contain all information or data normally required for a submission under Chapter 390 (Subdivision and Land Development).
D.
Issuance and posting of permit.
(1)
At least two copies of any permit required under this chapter
shall be made.
(2)
One copy of any such permit shall be retained in Borough files
and one copy shall be retained by the applicant. A copy of the permit
shall be posted by the applicant at the entrance to the subject property
in a conspicuous location until a certificate of use is issued.
(3)
No owner, contractor, worker or other person shall perform building
or construction activity of any kind regulated by this chapter unless
a valid zoning permit has been issued for such work, nor shall such
persons conduct such work after notice that a zoning permit has been
revoked.
E.
Revocation of permits. If a zoning permit is revoked, the person
holding the permit shall immediately surrender such permit and all
copies to the Zoning Officer. The Zoning Officer shall revoke a permit
or approval issued under the provisions of this chapter in case of:
(1)
Any false statement or misrepresentation of fact in the application
or on the plans on which the permit or approval was based (The Pennsylvania
Crimes Code provides for penalties for providing false information
to a municipal employee in the carrying out of his/her duties); or
(2)
Upon violation of any condition lawfully imposed upon a special
exception, variance, or conditional use; or
(3)
Any work being accomplished, or land or structures being used
in such a way that does not comply with this chapter or an approved
site plan or approved permit application; or
(4)
For any other just cause set forth in this chapter.
F.
Changes to approved plans.
(1)
After the issuance of a permit and/or approval under this chapter,
no changes shall be made to the project without approval of Zoning
Officer, Zoning Hearing Board or Borough Council as applicable.
(2)
Changes to an approval by the Zoning Hearing Board as a special
exception use or by the Borough Council as a conditional use shall
require reapproval of the changes by such bodies if the Zoning Officer
determines that such changes affect matters that were within the scope
of approval of such body. Such approval by the Zoning Hearing Board
or the Borough Council is not required for clearly minor technical
adjustments or matters that are solely corrections of information
that do not affect any of the significant features of the site plan
or the intensity of the use, as determined by the Zoning Officer.
(3)
A copy of such adjustment or correction shall be provided in
writing to the Planning Commission, the Borough Council, or the Zoning
Hearing Board if the change concerns a plan approved by such bodies.
G.
Certificate of use.
(1)
A certificate of use shall be required by the Borough upon a
change of use or completion of work authorized by a permit or approval
under this chapter. It shall be unlawful to use and/or occupy a structure,
building and/or land or portions thereof until such certificate has
been issued. A new certificate of use shall be required if a change
in use of the property is proposed, and then such certificate shall
be issued only after all required approvals are obtained.
(2)
An application for such certificate shall be made on an official
Borough form. If such use is in conformance with Borough ordinances
and approvals, such certificate should be issued in duplicate within
14 days of a properly submitted and duly filed application. A minimum
of one copy shall be retained in Borough records.
(3)
The Zoning Officer shall inspect such structure or land related
to an application for such certificate. If the Zoning Officer determines,
to the best of his/her current knowledge, that such work conforms
with this chapter and applicable Borough codes, approvals and permits,
then the certificate of use shall be issued.
(4)
The applicant shall show a valid certificate of use to the Zoning
Officer upon request.
H.
Expiration of permits and approvals.
(1)
Zoning permits. When authorized by the issuance of a zoning
permit, any permitted building construction shall be initiated within
one year of the permit issuance date and be completed within two years
of the permit issuance date. The zoning permit shall automatically
expire for failure to comply with the required initiation and completion
periods.
A.
Application fees. As authorized by § 603(c)(3), § 617.2(e),
and § 908(1.1) of the Pennsylvania Municipalities Planning
Code, the Borough Council shall establish a uniform schedule of fees,
charges, and expenses, as well as a collection procedure, for zoning
applications and permits, conditional use applications and permits,
Zoning Hearing Board proceedings and other matters pertaining to the
administration of this chapter. Permits, certificates, conditional
use permits, special exception permits, and variances shall be issued
only after fees have been paid in full, and the Zoning Hearing Board
shall take no action on appeals until all fees have been paid in full.
B.
Stenographer fees. The appearance fee for a stenographer shall be
shared equally by the applicant and the Borough. The cost of the original
transcript shall be paid by the Borough if the transcript is ordered
by the Borough or shall be paid by the person appealing the decision
of the Borough if such appeal is made, and in either event the cost
of additional copies shall be paid by the person requesting such copy
or copies. In other cases, the party requesting the original transcript
shall bear the cost thereof.
A.
Appointment. The Zoning Officer(s) shall be appointed by the Borough
Council. The Zoning Officer(s) shall not hold any elective office
within the Borough but may hold other appointed offices not in conflict
with the State Planning Code.
B.
Duties and powers. The Zoning Officer shall:
(1)
Administer this chapter.
(2)
Provide information to applicants regarding required procedures.
(3)
Receive and examine all applications required under the terms
of this chapter, and issue or refuse permits within this chapter.
(4)
Receive written complaints of violation of this chapter and
issue a written notice of violation to any person violating any provision
of this chapter.
(5)
Keep records of applications, permits, certificates, written
decisions and interpretations issued, of variances and special exception
granted by the Zoning Hearing Board, of conditional uses approved
by the Borough Council, of complaints received, of inspections made,
of reports rendered, and of notice or orders issued.
(6)
Make all required inspections and perform all other duties as
called for in this chapter.
(7)
Not have the power to permit any activity which does not conform
to this chapter, or all other ordinances of the Borough known to the
Zoning Officer.
A.
Appointment and qualifications.
(1)
Appointment. The Borough Council shall appoint a Zoning Hearing Board, which shall have the number of members and alternate members with such powers and authority, and which shall conduct all proceedings as set forth in Article IX of the Pennsylvania Municipalities Planning Code[1] as enacted or amended.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(3)
Vacancies. The Zoning Hearing Board shall promptly notify the
Borough Council of any vacancies which occur. Appointments to fill
vacancies shall be only for the unexpired portion of a term.
(4)
Removal of members. See § 905 of the Pennsylvania
Municipalities Planning Code.
(5)
Organization.
(a)
Officers. The Zoning Hearing Board shall elect officers from
its own membership. Officers shall serve annual terms and may succeed
themselves.
(b)
Quorum. For the conduct of any hearing and taking of any action
a quorum shall be not less than a majority of all members of the Zoning
Hearing Board, except that the Zoning Hearing Board may appoint a
hearing officer in accord with the PA MPC to conduct any hearing on
its behalf and the parties may waive further action by the Board,
as provided by the PA Municipalities Planning Code. The quorum may
be met by alternate members, serving as permitted by the PA Municipalities
Planning Code.
(c)
Rules. The Zoning Hearing Board may make, alter, and rescind
rules and forms for its procedure, consistent with all applicable
Borough ordinances and state law.
B.
Jurisdiction. The Zoning Hearing Board shall have exclusive jurisdiction
to hear and render final adjudications in the following matters:
(1)
Substantive challenges to the validity of any land use ordinance,
except those brought before the governing body pursuant to § 609.1
(Curative Amendments) and § 916.1(a)(2) (Ordinance Validity)
of the Pennsylvania Municipalities Planning Code.
(2)
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.
(3)
Applications for variances from the terms of this chapter pursuant
to § 910.2 of the Pennsylvania Municipalities Planning Code.
(4)
Applications for special exceptions under this chapter pursuant
to § 912.1 of the Pennsylvania Municipalities Planning Code
and the requirements of this chapter.
(5)
Appeals from the Zoning Officer's determination under § 916.2
(Preliminary Opinion) of the Pennsylvania Municipalities Planning
Code.
(6)
Appeals from the determination of the Zoning Officer or municipal
engineer in the administration of any land use ordinance or provision
thereof with reference to sedimentation and erosion control and storm
water management insofar as the same relate to development not involving
subdivision and land development applications.
(7)
The Zoning Hearing Board shall not, under any circumstances,
have the authority to order any specific change in or amendment to
the Zoning Map or to allow any use of property substantially different
from those permitted under the Schedule of Use Regulations for the
particular district.
The Zoning Hearing Board shall conduct hearings and make decisions in accordance with § 908 of the Pennsylvania Municipalities Planning Code, as amended, and the provisions of this § 500-174. The hearings shall be conducted by the Board, or the 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 Board; however, the appellant or the applicant, as the case may be, in addition to the Borough, may, prior to the decision of the hearing, waive decision or findings by the Board and accept the decision or findings of the hearing officer as final. For the purposes of this § 500-174, Board shall mean Board or Hearing Officer, if a hearing officer is appointed.
A.
Notice of hearings. Notice of all hearings of the Board shall be
given as follows:
(1)
Advertisement. Public notice shall be published, as defined
by § 107 of the PA. Municipalities Planning Code. The notice
shall state the time and place of the hearing and the particular nature
and property address of the matter to be considered.
(2)
Posting. Notice of such hearing shall be conspicuously posted
by the Borough on the affected tract of land and within 100 feet of
all neighboring properties at least one week prior to the hearing.
Such notice shall state the time and place of the hearing and a general
description of the request.
(3)
Persons given notices. All notice under this § 500-174A are intended to be received or posted at least five days prior to the hearing date.
(a)
Written notice shall be mailed or personally delivered to the
applicant, or his/her representative listed on an official application
form.
(b)
Notice shall be mailed or personally delivered to the Zoning
Officer, Chairperson of the Planning Commission or Borough Secretary,
and the last known address of owners of record of property abutting
or directly across the street from the boundaries of the subject property.
The applicant shall provide the Borough with a list of such property
owners. Failure of the Borough to notify all such persons shall not
invalidate any action by the Board.
(c)
Also, such notice shall be mailed or delivered to the address
of any other person or group (including civic or community organizations)
who has made a written timely request (including an address) for such
notice.
(4)
Adjacent municipalities. In any matter which relates to a lot
which lies within 250 feet of the boundary of another municipality,
and where the Zoning Officer determines the proposed activity may
have significant impact on that municipality, the Borough staff may
transmit to the offices of the adjacent municipality a copy of the
official notice of the public hearing on such matter prior to the
hearing date. Representatives of such adjacent municipality shall
have the right to appear and be heard at the public hearing. Failure
of the Borough to notify such municipality shall not invalidate any
action by the Board.
(5)
Fees. The Borough Council may, by resolution, establish a reasonable
fee schedule, based on cost, to be paid by a) the applicant for any
notice required by this chapter and b) those persons requesting any
notice not required by this chapter.
B.
Parties in hearings. The Zoning Hearing Board shall have the authority,
if it chooses to exercise it, to determine who has standing on each
case before the Board. (Note: Standing generally means a party being
sufficiently affected or threatened by effects of controversy to obtain
judicial resolution of that controversy.)
(1)
The parties to a hearing shall be the Borough Council, the Planning
Commission, any person affected by the application who has made timely
appearance of record before the Board, representatives of any legitimate
civic or community organization, and any other person permitted to
appear before the Board.
(2)
The Board shall have power to require that all persons who wish
to be considered parties enter appearances in writing on forms provided
by the Board for that purpose.
(3)
The Board shall determine that a person or business does not
have standing if the Board finds that such person or business is apparently
motivated primarily by an attempt to inhibit competition in an area
of business, and that such person or business would not otherwise
be threatened with substantive harm from the application.
C.
Oaths and subpoenas. The Chairperson of the Board or Hearing Officer
shall have the power to administer oaths and issue subpoenas to compel
the attendance of witnesses and the production of relevant documents
and papers, including witnesses and documents reasonably needed by
and requested by the parties.
D.
Representation by counsel. The parties shall have the right to be
represented by legal counsel and shall be afforded the opportunity
to respond and present evidence and argument and cross-examine adverse
witnesses on relevant issues.
E.
Evidence and record. Formal rules of evidence shall not apply, but
irrelevant, immaterial, or unduly repetitious evidence may be excluded.
The Board or the Hearing Officer, as applicable, shall keep a record
of the proceedings as required by state law.
F.
Communications outside of hearings.
(1)
The Board shall not meet with, visit the site with or directly
communicate specifically on the matter with the applicant or any officially
protesting party or their representatives in connection with any issue
involved, except if opportunity is provided for the applicant and
any officially protesting party to participate.
(2)
The Board shall not take notice of any communications, reports,
staff memoranda, or other materials directly affecting a proposed
application unless the parties are afforded an opportunity to examine
and contest the material so noticed or unless such materials are already
a matter of public record. This restriction shall not apply to advice
from the Board's solicitor.
G.
Advisory review. The Zoning Hearing Board may request that the Planning
Commission, County Conservation District or Borough Engineer provide
an advisory review on any matter before the Board.
H.
Hearings and decision. The Zoning Hearing Board shall conduct hearings
and make decisions in accord with § 908 of the Pennsylvania
Municipalities Planning Code, as amended.
I.
Solicitor conflict.
(1)
The Zoning Hearing Board Solicitor shall not represent private
clients in cases before the Zoning Hearing Board.
(2)
If a conflict of interest exists for the Zoning Hearing Board
Solicitor on a particular application, the Zoning Hearing Board Solicitor
shall notify the Chairperson of the Board at least seven days before
the scheduled hearing date.
(3)
The Zoning Hearing Board may appoint an Alternate Solicitor
to serve as needed for a specific application or for a term of office.
The Board shall hear requests for variances filed with the Board
in writing by any landowner (or any tenant with the permission of
such landowner).
A.
Standards. The Board may grant a variance only within the limitations
of the Pennsylvania Municipalities Planning Code.[1] The applicant shall have the burden of proof to show compliance
with such standards. The Municipalities Planning Code provides that
all of the following findings must be made, where relevant in a particular
case:
(1)
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 chapter in the neighborhood or district
in which the property is located; and
(2)
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 a variance is therefore necessary
to enable the reasonable use of the property; and
(3)
Such unnecessary hardship has not been created by the appellant;
and
(4)
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, not be detrimental to the public welfare; and
(5)
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.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
(Reserved)
C.
Variance conditions. In granting any variance, the Board may attach
such reasonable conditions and safeguards as it may deem necessary
to implement the purposes of the Municipalities Planning Code and
this chapter, and to protect public health, safety, and welfare.
A.
Applications. Applications for conditional uses and special exceptions shall, at a minimum, include the information required in § 500-176F. The Borough Planning Commission, Borough Council, or the Zoning Hearing Board shall require any other information deemed necessary for the review of the proposal.
B.
Conditional uses. Uses specified as conditional uses shall be permitted only after review and approval pursuant to the express standards as provided for specific conditional uses in this chapter and in § 500-176D and any other applicable standards in this chapter.
(1)
Expansions. Expansions or additions to uses classified as conditional
uses shall also be considered conditional uses. The addition of an
accessory structure shall not be considered a conditional use.
(2)
Procedure.
(a)
Submission. The applicant shall submit the application as follows:
[1]
Eight complete copies of any required plan with the information required by § 500-176F shall be submitted to the Zoning Officer and the time for the Borough Council to conduct the required public hearing shall not begin to run until a complete application has been accepted by the Zoning Officer.
[2]
The Zoning Officer shall refuse to accept an incomplete application
which does not provide sufficient information to determine compliance
with this chapter.
(b)
Distribution. The Zoning Officer shall distribute copies of
the site plan to the Planning Commission and the Borough Council.
A minimum of one copy shall be retained in the Borough files. The
Borough Fire Company should be given an opportunity for a review,
if deemed appropriate by the Planning Commission.
(c)
Zoning Officer review. The Zoning Officer shall report in writing
or in person to the Planning Commission and the Borough Council stating
whether the proposal complies with this chapter. The Zoning Officer
may request a review by the Borough Engineer.
(d)
Planning Commission review.
[1]
The Planning Commission shall be provided with an opportunity
to review any proposed conditional use at a regular meeting prior
to a decision by the Borough Council. The Commission, at its option,
may provide a written advisory review.
[2]
If such review is not received within the time limit within
which the Council must issue a decision, or within 30 days of such
application being sent to the Planning Commission, then the Council
may make a decision without having received comments from the Planning
Commission.
(e)
Agency/organization review. The Zoning Officer, Planning Commission
and/or the Borough Council may refer the application to any other
agency or organization deemed appropriate for review and comment.
(f)
Borough Council action. The Borough Council shall conduct hearings
and make decisions in accord with § 908 and § 913.2
of the Pennsylvania Municipalities Planning Code, as amended. In granting
a conditional use, the Council may attach such reasonable conditions
and safeguards (in addition to those expressed in this chapter) as
it determines are necessary to implement the purposes of the PA Municipalities
Planning Code and this chapter, and to protect the public health,
safety, and welfare.
C.
Special exceptions. Uses specified as special exceptions shall be permitted only after review and approval by the Borough Zoning Hearing Board pursuant to the express standards as provided for specific special exceptions in this chapter and in § 500-176D.
(1)
Expansions. Expansions or additions to uses classified as special
exceptions shall also be considered special exceptions. The addition
of an accessory structure shall not be considered a conditional use.
(2)
Procedure.
(a)
Eight complete copies of any required plan with the information required by § 500-176F shall be submitted to the Zoning Officer and the time for the Zoning Hearing Board to conduct the required public hearing shall not begin to run until a complete application has been accepted by the Zoning Officer.
(c)
Borough procedures.
[1]
The Zoning Officer shall forward the application to the Zoning
Hearing Board and the Zoning Hearing Board solicitor. A minimum of
one copy shall be retained in the Borough files.
[2]
The Zoning Officer shall, prior to the next Zoning Hearing Board
meeting where the application will be discussed, review the plan to
determine compliance with this chapter and report these findings to
the Zoning Hearing Board. The Zoning Officer may request a review
by the Borough Engineer.
(d)
Agency/organization review. The Zoning Hearing Board may refer
the application to any other agency or organization deemed appropriate
for review and comment.
(e)
Zoning Hearing Board action on special exception uses.
[1]
The Zoning Hearing Board shall hear and decide such request for a special exception use under the procedures in § 500-174.
[2]
In granting a special exception, the Zoning Hearing Board may
attach such reasonable conditions and safeguards (in addition to those
expressed in this chapter) as it determines are necessary to implement
the purposes of the PA Municipalities Planning Code and this chapter,
and to protect the public health, safety, and welfare.
D.
Standards and criteria. The standards and criteria applied to conditional
uses and special exceptions are intended to ensure that the proposed
use will be in harmony with the purposes, goals, objectives and standards
of this chapter and other ordinances of the Borough. In addition to
the applicable general provisions of this chapter and to the standards
provided in this chapter for specific conditional uses and special
exceptions, the following standards and criteria shall be applied
in the review of applications for conditional uses and special exceptions.
(1)
The proposed use shall be in harmony with purposes, goals, objectives
and standards of the Borough Comprehensive Plan, this chapter, and
all other ordinances of the Borough.
(2)
The proposal shall also be evaluated as to the degree to which
the proposed location may be particularly suitable or unsuitable for
the proposed use in terms of the physical characteristics of the site.
(3)
The proposed use at the proposed location shall not result in
a substantial or undue adverse effect on adjacent property, the character
of the neighborhood, traffic conditions, parking, public improvements,
public sites or rights-of-way, adjacent property values, or other
matters affecting the public health, safety, and general welfare,
either as they now exist or as they may in the future be developed
as a result of the implementation of this chapter, or any other plan,
program, map or ordinance of the Borough or other government agency
having jurisdiction to guide growth and development.
(4)
The proposed use shall not impose an undue burden on any of
the improvements, facilities, utilities, and services of the Borough,
whether such services are provided by the Borough or some other entity.
The applicant shall be wholly responsible for providing such improvements,
facilities, utilities, or services as may be required to adequately
serve the proposed use when the same are not available or are inadequate
to serve the proposed use in the proposed location. As part of the
application and as a condition of approval of the proposed use the
applicant shall be responsible for establishing ability, willingness
and binding commitment to provide such improvements, facilities, utilities
and services in sufficient time and in a manner consistent with this
and other ordinances of the Borough. The permit approval shall be
so conditioned.
(5)
In reviewing an application, the following additional factors
shall be considered:
(a)
Location, arrangement, size, design and general site compatibility
of buildings, lighting and signs.
(b)
Adequacy and arrangement of vehicular traffic access and circulation,
including intersections, road widths, pavement surfaces, dividers
and traffic controls.
(c)
Location, arrangement, appearance and sufficiency of off-street
parking and loading.
(d)
Adequacy and arrangement of pedestrian traffic access and circulation,
walkway structures, control of intersections with vehicular traffic
and overall pedestrian convenience.
(e)
Adequacy of storm water and drainage facilities.
(f)
Adequacy of water supply and sewage disposal facilities.
(g)
Adequacy, type and arrangement of trees, shrubs and other landscaping
constituting a visual and/or noise buffer between the applicant's
and adjoining lands, including the maximum retention of existing vegetation.
(h)
Adequacy of fire lanes and other emergency zones and the provision
of fire hydrants.
(i)
Special attention to the adequacy and impact of structures,
roadways and landscaping in areas with susceptibility to ponding,
flooding and/or erosion.
(6)
No application shall be approved unless it is found that, in
addition to complying with each of the standards enumerated above,
any of the applicable standards contained in this chapter shall be
met. In instances where the standards do not adequately protect the
general health, safety, and welfare of parties effected, all conditions
and safeguards deemed necessary to protect the general health, safety
and welfare and implement the purposes of this chapter and the Pennsylvania
Municipalities Planning Code shall be imposed as conditions of approval
in accord with § 912.1 or § 913.2 of the Pennsylvania
Municipalities Planning Code, as the case may be. Conditions which
might be imposed shall include (but not be limited to) provisions
for additional parking, traffic control, submission of landscaping
plans for screening, setbacks, special measures addressing sales period
activities, environmental controls and other measures which mitigate
any potential adverse impact the use may have on adjoining uses.
(7)
The applicant shall supply evidence regarding compliance with
the applicable express standards and criteria; and data or evidence
may be accepted from protestants. Such evidence shall be evaluated
relative to the injurious impact on the health, safety, and welfare
of the Borough; and the proposed use shall be approved with appropriate
conditions or denied based on said evaluation.
E.
Limitation of approval. Any conditional use approval granted by the
Borough Council and any special exception approval granted by the
Zoning Heating Board shall expire 18 months from the date such approval
was granted if the use is not established as a functional and constructive
activity prior to the expiration date. Upon such expiration, the said
approval, and any permit issued subsequent thereto, shall be deemed
null and void and the developer shall be required to submit another
application for the same. The Borough Council or Zoning Hearing Board
as the case may be, however, may grant an extension of the time limitations,
for good cause.
F.
Information required. The applicant shall supply the information required by § 500-170C and evidence regarding compliance with the applicable express standards and criteria; and data or evidence may be accepted from protestants. Such evidence shall be evaluated relative to the injurious impact on the health, safety, and welfare of the Borough; and the proposed use shall be approved with appropriate conditions or denied based on said evaluation.
Parties to proceedings authorized by this chapter and the Pennsylvania
Municipalities Planning Code[1] may use the mediation option as authorized by and in accord
with § 908.1 of said Code.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
The time limitations for appeals shall be as follows:
A.
Zoning Hearing Board — County Court. No person shall be allowed
to file any appeal with the Zoning Hearing Board later than 30 days
after the officially issued decision by the Zoning Officer, or appeal
with the County Court of Common Pleas later than 30 days after the
officially issued decision of the Borough Council or the Zoning Hearing
Board, except as may be provided under § 914.1 of the Pennsylvania
Municipalities Planning Code.
Appeals to court and other administrative proceedings shall be governed by Article X-A and Article IX of the Pennsylvania Municipalities Planning Code, respectively.
See § 619 of the Pennsylvania Municipalities Planning
Code.
The minimum lot area requirements of this chapter shall not
apply to uses or structures owned by the Borough for uses and structures
that are intended for a legitimate governmental, recycling, public
recreation, storm water control or public health and safety purpose.
The Borough Council may amend this chapter by complying with the requirements set forth in Article VI of the Pennsylvania Municipalities Planning Code. A landowner who desires to challenge on substantive grounds the validity of an 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 the governing body with a written request that his challenge and proposed amendment be heard and decided on as provided in § 609.1 and § 916.1 of the Pennsylvania Municipalities Planning Code.
A.
Compliance. Failure to comply with any provision of this chapter,
failure to secure or comply with a decision of the Borough Council
or Zoning Hearing Board or the failure to secure a permit, when required,
prior to or (when ordered) after the erection, construction, extension,
or addition to a building or prior to or after the use or change of
use of land; or failure to secure a certificate of use permit, shall
be violations of this chapter.
B.
Complaints regarding violations. Whenever a violation of this chapter
occurs, or is alleged to have occurred, any person may file a written
complaint. Such complaint stating fully the causes and basis thereof
shall be filed with the Zoning Officer. The Zoning Officer shall record
the complaint, investigate immediately, and take action thereon as
provided by this chapter. The Zoning Officer shall provide a written
response to the complainant stating his factual findings regarding
the alleged violation and the follow up actions taken.
C.
Enforcement notice. When written notice of a violation of any of the provisions of this chapter has been sent in the manner prescribed by § 616.1 of the Pennsylvania Municipalities Planning Code and set forth in this § 500-184C, such violation shall be discontinued or corrected as set forth in said notice.
(1)
If it appears to the Borough that a violation of this chapter has occurred, the Borough shall initiate enforcement proceedings by sending an enforcement notice as provided in this § 500-184C.
(2)
The enforcement notice shall be sent to the owner of record
of the parcel on which the violation has occurred, to any person who
has filed a written request to receive enforcement notices regarding
that parcel, and to any other person requested in writing by the owner
of record.
(3)
An enforcement notice shall state at least the following:
(a)
The name of the owner of record and any other person against
whom the municipality 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.
(g)
In any appeal of an enforcement notice to the Zoning Hearing
Board, the Borough shall have the responsibility of presenting its
evidence first.
(h)
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 Borough if the Zoning Hearing Board, or any court in subsequent
appeal, rules in the appealing party's favor.
A.
Causes of action. In case any building, structure or land is, or
is proposed to be, erected, constructed, reconstructed, altered, converted,
maintained or used in violation of any provisions of this chapter,
the Borough Council or, with the approval of the Borough Council,
an officer of the municipality, or any aggrieved owner or tenant of
real property who shows that his property or person will be substantially
affected by the alleged violation, in addition to other remedies,
may institute any appropriate action or proceeding to prevent, restrain,
correct or abate such building, structure or land, or to prevent,
in or about such premises, any act, conduct, business or use constituting
a violation. When any such action is instituted by a landowner or
tenant, notice of that action shall be served upon the Borough at
least 30 days prior to the time the action is begun by serving a copy
of the complaint on the Borough Council. No such action may be maintained
until such notice has been given.
B.
Enforcement remedies.
(1)
Any person, partnership, or corporation who or which has violated
or permitted the violation of any of the provisions of this chapter
shall, upon being found liable therefore in a civil enforcement proceeding
commenced by the Borough, pay a judgment of not more than $500 (state
law) plus all court costs, including reasonable attorney fees incurred
by the Borough as a result thereof. No judgment shall commence or
be imposed, levied or be payable until the date of the determination
of a violation by the District Magisterial 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 District Magisterial 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 District
Magisterial Judge and after the five days 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
of stay, upon cause shown, tolling the per diem fine pending a final
adjudication of the violation and judgment.
Neither the approval nor the granting of any review, issuance
of permit or approval related to construction, activity within the
flood plain, site plan review, subdivision or land development approval
erosion control, storm water runoff, activity on steep slopes or any
other review or permit of this chapter, by an officer, employee, consultant
or agency of the Borough, shall constitute a representation, guarantee
or warranty of any kind by the Borough, or its employees, officials,
consultants or agencies, of the practicality or safety of any structure,
use or subdivision, and shall create no liability upon, nor a cause
of action against such public body, official, consultant nor employee
for any damage that may result pursuant thereto.
