Any activity regulated by this chapter shall
only occur or be undertaken and be continued in conformance with the
requirements of this chapter.
This chapter regulates all matters and activities authorized by Article VI of the Pennsylvania Municipalities Planning Code (hereinafter referred to as MPC).[1]
[1]
Editor's Note: See 53 P.S. § 10601 et seq.
A.
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:
B.
Repairs and maintenance. 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 boardinghouse units;
and/or 4) any other activity regulated by this chapter.
A.
Principal permitted use. Within 90 days of receiving
a proper and complete application for a principal permitted use (permitted
by right), the Zoning Officer shall either:
B.
Reviews. Certain activities require approval of the
Zoning Hearing Board and/or of the 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 § 215-108B, which describes processes to appeal actions of the Zoning Officer to the Zoning Hearing Board.
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 a use within this thirty-day appeal period shall be at the risk of the applicant. (See use permit process in § 215-105G.)
B.
Types of uses:
(1)
Principal permitted uses (permitted by right uses).
If a use is listed as a principal permitted use by this chapter and
meets the requirements of this chapter, the Zoning Officer shall issue
a permit in response to a complete application.
(2)
Special exception use or application requiring a variance.
A permit under this chapter for a use requiring a special exception
or variance shall be issued by the Zoning Officer only upon the written
order of the Zoning Hearing Board.
(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 Council.
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.
Such 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. Unless waived by the Zoning Officer,
five copies of a site plan shall be submitted if an application requires
action by the Zoning Hearing Board or Council, and two copies shall
be submitted if action by the Zoning Hearing Board or Council is not
required.
(3)
Information required. Any application to the Zoning
Officer, Zoning Hearing Board, Planning Commission or Council shall
include the following information:
(a)
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 § 215-105C shall be provided by the applicant. However, the Zoning Officer, Planning Commission, 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.
(b)
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 subsection. However, a plot plan, as required by Subsection C(3)(c)[6] which follows, shall not generally be required unless the Zoning Officer, Planning Commission, 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, 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.
(c)
In any case, the Zoning Officer, Planning Commission,
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.
[1]
Names and addresses of the applicant, or appellant,
and the name and address of the owner of the affected property.
[2]
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.
[3]
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.
[4]
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.
[5]
A listing of any specific sections of this chapter
being appealed, with the reasons for any appeal.
[6]
A plot plan legible in every detail and drawn
to scale, but not necessarily showing precise dimensions, which includes
the following information:
[a]
Name of the development.
[b]
Name and address of landowner and/or
land developer. (If a corporation, list names of officers.)
[c]
Location map.
[d]
North arrow, true or magnetic.
[e]
Graphic scale.
[f]
Written scale.
[g]
Date plot plan was completed.
[h]
Names of adjacent property owners
and tax map numbers, including those across adjacent roads.
[i]
Proposed and existing street and
lot layout, including street names and right-of-way widths.
[j]
Existing and proposed man-made
and/or natural features:
[i]
Watercourses, lakes and wetlands
(with names).
[ii]
Rock outcrops, ledges and stone
fields.
[iii]
Buildings, structures, signs
and setbacks required by this chapter.
[iv]
Approximate location of tree masses.
[v]
Utility lines, wells and sewage
system(s).
[vi]
Entrances, exits, access roads
and parking areas, including the number of spaces.
[vii]
Drainage and stormwater management
facilities.
[viii]
Plans for any required buffer
plantings.
[ix]
Any and all other significant
features.
[7]
Location of permanent and seasonal high water
table areas and floodplain areas.
[Amended 1-7-2013 by Ord. No. 2-2013]
[8]
Tract boundaries accurately labeled.
[9]
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.
[10]
Location and type of rights-of-way
or other existing restrictive covenants which might affect the subdivision
and/or development.
[11]
A statement of the type of water
supply and sewage disposal proposed.
[12]
The present zoning district and
major applicable lot 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 Monroe 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 187, Subdivision and Land Development, shall be processed in the manner provided for plat approval under that ordinance. Such applications shall also contain all information or data normally required for a submission under that ordinance. A zoning permit shall not be issued until the proposed use has been granted a preliminary approval under that ordinance. However, no building or property shall be occupied or used until final subdivision approval has been granted and a certificate of use has been properly issued pursuant to § 215-105G of this chapter.
D.
Issuance 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
any such permit shall be shown by the applicant to the Zoning Officer
upon the Zoning Officer's request.
(3)
The Zoning Officer shall issue or deny a permit for
a principal permitted use within a maximum of 30 days after a complete,
duly filed application and fees are submitted.
(4)
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 and posted
for such work, nor shall such persons conduct such work after notice
that a zoning permit has been revoked.
E.
Revocation of permits.
(1)
The Zoning Officer shall revoke a permit or approval
issued under the provisions of this chapter in case of:
(a)
Any false statement or misrepresentation of
fact in the application or on the plans on which the permit or approval
was based. (The Pennsylvania Criminal Code provides for penalties
for providing false information to a municipal employee in the carrying
out of his/her duties);
(b)
Violation of any condition lawfully imposed
upon a special exception, variance or conditional use;
(c)
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
(d)
Any other just cause set forth in this chapter.
(2)
If a zoning permit is revoked, the person holding
the permit shall immediately surrender such permit and all copies
to the Zoning Officer.
F.
Changes to approved plans.
(1)
After the issuance of a permit and/or approval under this chapter by the Borough, an approved application shall not be changed without the written consent of the Borough, as stated in Subsection F(2) below.
(2)
Changes to an approval by the Zoning Hearing Board
as a special exception use or by the 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 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 Chairperson of the Planning Commission, the President
of the Council or the Chairperson of the Zoning Hearing Board, as
appropriate, 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 a certificate of use shall be made
on an official Borough form. If the use is in conformance with Borough
ordinances and approvals, such certificate shall be issued, in duplicate,
within 10 business 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 a certificate of use. 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 such certificate of use shall be issued.
(4)
The applicant shall show a valid certificate of use
to the Zoning Officer upon the Officer's request.
A.
Application fees. As authorized by Section 617.3(e)
and Section 908(1.1) of the MPC,[1] the Council shall establish a uniform schedule of fees,
charges and expenses, as well as a collection procedure, for zoning
permits, conditional use permits, Zoning Hearing Board proceedings
and other matters pertaining to this chapter. Permits, certificates,
conditional use permits, special exception permits and variances shall
be issued only after all 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.
[1]
Editor's Note: See 53 P.S. §§ 10617.3(e) and
10908(1.1), respectively.
B.
Stenographer fees. The appearance fee for a stenographer
shall be shared equally by the applicant and the Borough as required
by Section 908(7) of the MPC.[2] 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 from 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.
[2]
Editor's Note: See 53 P.S. § 10908(7).
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 in accord with
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
exceptions granted by the Zoning Hearing Board, of conditional uses
approved by the Council, of complaints received, of inspections made,
of reports rendered, and of notices or orders issued.
(6)
Make all required inspections and perform all other
duties in accord with 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.
C.
Qualifications. Pursuant to Section 614 of the MPC,[2] the following minimum qualifications shall apply to any
Zoning Officer appointed to serve the Borough after the adoption of
this chapter, unless such mandatory qualifications are waived by motion
of the Council:
(1)
The person shall demonstrate a working knowledge of
municipal zoning.
(2)
The person shall have one of the following combinations
of education and experience:
(a)
A high school diploma or equivalent and a minimum
of four years responsible experience in administering and enforcing
municipal zoning and/or subdivision and land development ordinances;
(b)
A high school diploma or equivalent and two
additional years of continuing education, such as an associate's degree
(preferably in a field such as law enforcement, community planning
and/or public administration) and a minimum of two years responsible
experience in administering and enforcing municipal zoning and/or
subdivision and land development ordinances; or
(c)
A college or university bachelor's degree in
a field related to zoning (such as law enforcement, community planning
and/or government administration) and a minimum of eight months responsible
experience in administering and enforcing municipal zoning and/or
subdivision and land development ordinances.
(3)
The person shall be familiar with constitutional issues
concerning search and seizure and with the process of filing actions
with the District Justice.
(4)
The person shall exhibit an ability to thoroughly
evaluate site plans and building plans.
(5)
The person shall demonstrate competent oral and written
communication skills.
(6)
The person shall be familiar with the MPC.
[2]
Editor's Note: See 53 P.S. § 10614.
A.
Membership and qualifications.
(2)
(3)
Vacancies. The Board shall promptly notify the Council
of any vacancies which occur. Appointments to fill vacancies shall
be only for the unexpired portion of a term.
(5)
Organization.
(a)
Officers. The Board shall elect officers from
its own membership who shall serve annual terms and may succeed themselves.
(b)
Quorum. For the conduct of any hearing and the
taking of any action, a quorum shall be not less than a majority of
all members of the Board, except that the Board 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 Board as provided
by Section 908 of the MPC.[4] The quorum may be met by alternate members, serving as
permitted by Section 906(b) of the MPC.[5]
(c)
Rules. The Board may make, alter, and rescind
rules and forms for its procedure, consistent with all applicable
Borough ordinances and laws of the Commonwealth of Pennsylvania.
B.
Jurisdiction. In accord with Section 909.1(a) of the
MPC,[6] 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 Section 609.1 (Landowner curative amendments) and Section 916.1(a)(2)
(Validity of ordinances) of the MPC.[7]
[7]
Editor's Note: See 53 P.S. §§ 10609.1 and 10916.1(a)(2),
respectively.
(2)
Challenges to the validity of a land use ordinance
raising procedural questions or alleged defects in the process of
enactment or adoption, which challenges shall be raised by an appeal
taken within 30 days after the effective date of said ordinance.
(3)
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.
(7)
Appeals from the determination of the Zoning Officer
or Borough Engineer in the administration of any land use ordinance
or provision thereof with reference to sedimentation and erosion control
and stormwater management insofar as the same relate to development
not involving subdivision and land development applications.
(8)
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[11] for the particular district.
[11]
Editor's Note: The Schedule of Use Regulations
is an attachment to this chapter.
[6]
Editor's Note: See 53 P.S. § 10909.1(a).
A.
Hearings and decision. The Zoning Hearing Board shall
conduct hearings and make decisions in accord with Section 908 of
the MPC[1] and the provisions of this § 215-109. 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.
[1]
Editor's Note: See 53 P.S. § 10908.
B.
Notice.
[Amended 6-5-2017 by Ord.
No. 3-2017]
(1)
In addition to the notice and posting requirements of the MPC,[2] notice of all conditional use hearings shall be mailed
by the applicant to the owners of all properties contiguous to, and
across the street from, the parcel which is the subject of the hearing
not less than 14 calendar days prior to the hearing. Such notice shall
be by certified mail to the last-known address of the contiguous owners
and owners across the street as listed in Monroe County tax assessment
records, and the applicant shall provide proof of the certified mailing
to the Borough.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
(2)
Failure of the applicant to complete and provide proof of the
required certified mailing to the Borough shall result in the suspension
of the hearing and toll the sixty-day period for the commencement
of the required hearing before the Borough Council. Notice of any
rescheduled hearing shall comply with all applicable requirements.
The Zoning Hearing Board shall hear duly filed
requests for variances.
A.
Standards. The Board may grant a variance only in
accord with the requirements of Section 910.2 of the MPC.[1] The applicant shall have the burden of proof to show compliance
with such standards. As of January 2003, the MPC 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 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.
(2)
That because of such physical circumstances or conditions,
there is no possibility that the property can be developed in strict
conformity with the provisions of this chapter and 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.
[1]
Editor's Note: See 53 P.S. § 10910.2.
B.
Reapplication. The Zoning Officer shall refuse to
accept a proposed application that is not materially or significantly
different from an appeal on the same property that was denied by the
Board within the previous year.
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 MPC and this chapter
and to protect the public health, safety, and welfare.
A.
Applications. At time of submission of all conditional use and special
exception hearings, the applicant shall notify by certified mail all
property owners contiguous to and across the street from the parcel
which is subject to the Planning Commission meeting not less than
14 calendar days prior to the Planning Commission meeting. Such notice
shall be by certified mail to the last-known address of the contiguous
owners and owners across the street as listed in Monroe County tax
assessment records, and the applicant shall provide proof of the certified
mailing to the Borough.
[Amended 6-5-2017 by Ord.
No. 3-2017]
B.
Conditional uses. Uses specified as conditional uses shall be permitted only after review and approval by the Council pursuant to the express standards as provided for specific conditional uses in this chapter, in § 215-111D, 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 five
complete sets of any required plans and information to the Zoning
Officer. The Zoning Officer shall refuse to accept an 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 Council.
A minimum of one copy shall be retained in the Borough files. The
Pocono Mountain Volunteer Fire Company shall 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 or the
Council, stating whether the application complies with this chapter.
The Zoning Officer may recommend 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. The Commission,
at its option, may provide a written advisory review.
[2]
If such review is not received by the Council
within the time limit within which the Council must issue its decision,
or within 30 days of such application being sent to the Planning Commission,
then the Council may make its decision without having received comments
from the Planning Commission.
(e)
Council action. The Council shall conduct hearings
and make decisions in accordance with Section 908 and Section 913.2
of the MPC.[1] 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 MPC and this chapter and to protect the public health, safety,
and welfare.
[1]
Editor's Note: See 53 P.S. §§ 10908 and 10913.2,
respectively.
(f)
Notice.
[Amended 6-5-2017 by Ord.
No. 3-2017]
[1]
In addition to the notice and posting requirements of the MPC,[2] notice of all conditional use hearings shall be mailed
by the applicant to the owners of all properties contiguous to, and
across the street from, the parcel which is the subject of the hearing
not less than 14 calendar days prior to the hearing. Such notice shall
be by certified mail to the last-known address of the contiguous owners
and owners across the street as listed in Monroe County tax assessment
records, and the applicant shall provide proof of the certified mailing
to the Borough.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
[2]
Failure of the applicant to complete and provide proof of the
required certified mailing to the Borough shall result in the suspension
of the hearing and toll the sixty-day period for the commencement
of the required hearing before the Borough Council. Notice of any
rescheduled hearing shall comply with all applicable requirements.
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 and criteria as provided for specific special exceptions in this chapter and in § 215-111D.
(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 special
exception.
(2)
Procedure.
(a)
All applicants for a special exception use shall
submit five sets of plans for the proposed use to the Zoning Officer
together with a written application.
(c)
Borough procedures:
[1]
The Zoning Officer shall forward the application
to the Zoning Hearing Board, the Planning Commission, and the Zoning
Hearing Board's Solicitor. A minimum of one copy shall be retained
in the Borough files.
[2]
The Zoning Officer shall, prior to the Zoning
Hearing Board meeting at which the application will be discussed,
review the application to determine compliance with this chapter and
report these findings to the Zoning Hearing Board.
(d)
Planning Commission review of special exception
uses.
[1]
The Planning Commission shall be provided with
an opportunity to review any proposed special exception use. The Planning
Commission, at its option, may provide a written advisory review.
[2]
If such review is not received by the Zoning
Hearing Board within the time limit within which the Board must issue
its decision, or within 30 days of such application being sent to
the Planning Commission, then the Zoning Hearing Board may make a
decision without having received comments from the Planning Commission.
(e)
Zoning Hearing Board action on special exception
uses.
[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 MPC and this chapter and
to protect the public health, safety, and welfare.
(f)
Notice.
[Added 6-5-2017 by Ord.
No. 3-2017]
[1]
In addition to the notice and posting requirements of the MPC,[4] notice of all special exception hearings shall be mailed
by the applicant to the owners of all properties contiguous to, and
across the street from, the parcel which is the subject of the hearing
not less than 14 calendar days prior to the hearing. Such notice shall
be by certified mail to the last-known address of the contiguous owners
and owners across the street as listed in Monroe County tax assessment
records, and the applicant shall provide proof of the certified mailing
to the Borough.
[4]
Editor's Note: See 53 P.S. § 10101 et seq.
[2]
Failure of the Applicant to complete and provide proof of the
required certified mailing to the Borough shall result in the suspension
of the hearing and toll the sixty-day period for the commencement
of the required hearing before the Borough Council. Notice of any
rescheduled hearing shall comply with all applicable requirements.
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 and criteria provided in this chapter
for specific conditional uses and specific 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 the purposes,
goals, objectives and standards of the Borough's Comprehensive Plan,
this chapter, and all other ordinances of the Borough.
(2)
The proposed use 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, and 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)
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 stormwater 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 all of the standards and criteria
enumerated above, all of the applicable standards contained in this
chapter shall be met. In instances where the supplemental standards
contained herein do not adequately protect the general health, safety,
and welfare of parties affected, all conditions and safeguards deemed
necessary by the Council or Zoning Hearing Board to protect the general
health, safety, and welfare as well as to implement the purposes of
this chapter and the MPC shall be imposed as conditions of approval
in accord with Section 912.1 or Section 913.2 of the MPC,[5] as the case may be.
(a)
Conditions which may be imposed can include,
but not be limited to, provisions for additional parking, traffic
control, landscaping, 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.
(b)
The applicant shall supply evidence regarding
compliance with the express standards and criteria contained herein,
and data or evidence may be accepted from protestants. Such evidence
shall be evaluated relative to the injurious impact on the public
health, safety, and welfare, and the proposed use shall be approved
with appropriate conditions or denied based on said evaluation.
[5]
Editor's Note: See 53 P.S. §§ 10912.1 and 10913.2,
respectively.
E.
Limitation of approval. Any conditional use approval
granted by the Council and any special exception approval granted
by the Zoning Hearing Board shall expire one year from the date such
approval was granted if no building construction as approved has taken
place or the use is not otherwise 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 Council or Zoning Hearing Board,
as the case may be, may grant an extension of the time limitations
for good cause.
F.
Information required. The applicant shall supply the information required by § 215-105C(3) of this chapter and evidence regarding compliance with the express standards and criteria contained herein, and data or evidence may be accepted from protestants. Such evidence shall be evaluated relative to the injurious impact on the public health, safety, and welfare, and the proposed use shall be approved with appropriate conditions or denied based on said evaluation.
G.
Subdivision
and land development plans.
[Added 4-20-2009 by Ord. No. 3-2009]
(1)
The Borough Planning Commission and Borough Council or the Zoning Hearing Board will process an application for a conditional use or a special exception prior to subdivision or development approval if such subdivision or land development approval is required under the provisions of Chapter 187, Subdivision and Land Development. The intent of this provision is to afford the applicant the opportunity to obtain initial zoning approval prior to committing the resources necessary to prepare and submit a detailed plan to conform to the requirements of Chapter 187, Subdivision and Land Development.
(2)
Should
zoning approval be granted for such use, a complete subdivision or
land development plan for said use shall be submitted to the Borough
within one year of zoning approval unless a longer term for said submission
is established by the Council or the Zoning Hearing Board, as relevant.
If the plan is not submitted within the one-year period, the zoning
approval shall be null and void.
A.
Zoning permit. After a variance is approved or a conditional
or special exception approval is officially authorized under this
chapter, then a zoning permit shall be secured by the applicant within
12 months of such approval; otherwise, such approval shall be deemed
null and void and the developer shall be required to submit another
application for the same.
B.
Review completion. If the applicant submits complete
plans for a subdivision or land development approval or special exception
or conditional use approval that is related to the variance or issuance
of a permit under this chapter within the above time limits, then
such time limits shall begin after such plan review is completed or
such plan approval is granted.
C.
Extension. For good cause, the Zoning Officer may,
upon application in writing stating the reasons therefor, extend in
writing the twelve-month application period to up to 18 months.
D.
Expiration. If an applicant fails to obtain the necessary
permits within the above time period, or after having obtained the
permit fails to diligently commence substantial construction within
12 months, or allows interruptions in substantial construction of
longer than six months, it shall be conclusively presumed that the
applicant has waived, withdrawn or abandoned the approval, and all
such approvals, variances and permits shall be deemed automatically
rescinded.
E.
Completion. Any building construction shall be completed
within 12 months of issuance of an applicable permit, unless a written
extension is granted by the Zoning Officer for good cause. Otherwise,
a permit shall be considered to have automatically expired at the
end of such twelve-month period.
Parties to proceedings authorized by this chapter
and the MPC may use the mediation option as authorized by and in accord
with Section 908.1 of said Code.[1]
[1]
Editor's Note: See 53 P.S. § 10908.1.
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 of the Zoning Officer,
or appeal to the County Court of Common Pleas later than 30 days after
the officially issued decision of the Council or the Zoning Hearing
Board, except as may be provided under Section 914.1 of the MPC.[1]
[1]
Editor's Note: See 53 P.S. § 10914.1.
B.
Temporary permits. This thirty-day time limit for appeal shall not apply to the revocation of a permit issued by the Zoning Officer under § 215-105E.
C.
Subdivision or land development approval. The failure
of an aggrieved person, other than the landowner, to appeal an adverse
decision directly related to a preliminary subdivision or land development
plan shall preclude an appeal from a final plan approval, except in
the case where the final submission substantially deviates from the
approved preliminary plan.
Appeals to court and other administrative proceedings shall be governed by Article X-A and Article IX of the MPC, respectively.[1]
[1]
Editor's Note: See 53 P.S. § 11001-A et seq. and § 10901
et seq., respectively.
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, stormwater control or public health and safety
purpose.
The Council may amend this chapter by complying with the requirements set forth in Article VI of the MPC. 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 Council with a written request that his challenge and proposed amendment be heard and decided as provided in Section 609.1 and Section 916.1 of the MPC.[1]
[1]
Editor's Note: See 53 P.S. §§ 10609.1 and 10916.1,
respectively.
A.
Compliance. Failure to comply with any provision of
this chapter; failure to secure or comply with a decision of the 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. Whenever a violation of this chapter occurs,
any person may file a complaint in regard thereto. All such complaints
must be in writing and shall be filed with the Zoning Officer, who
shall record receipt of the said complaint and investigate and report
thereon.
C.
Enforcement notice. When written notice of a violation
of any of the provisions of this chapter is served by the Zoning Officer,
personally or by certified mail, in the manner prescribed by Section
616.1 of the MPC[1] and set forth in this § 215-119C, 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 § 215-119C(2).
(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 the ordinance.
(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.
(4)
In any appeal of an enforcement notice to the Zoning
Hearing Board, the Borough shall have the responsibility of presenting
its evidence first.
(5)
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
a subsequent appeal, rules in the appealing party's favor.
[1]
Editor's Note: See 53 P.S. § 10616.1.
A.
Causes of action. In case any building, structure,
landscaping, or land is, or is proposed to be, erected, constructed,
reconstructed, altered, converted, maintained or used in violation
of any provisions of this chapter, the Council or, with the approval
of the Council, an officer of the Borough, or any aggrieved owner
or tenant of real property who shows that his property or person will
be substantially affected by the alleged violation, in addition to
other remedies, may institute any appropriate action or proceeding
to prevent, restrain, correct or abate such building, structure, landscaping,
or land, or 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 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 therefor 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 payable until the date of the determination
of a violation by the District Justice. 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 Justice 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 Justice, and thereafter
each day that a violation continues shall constitute a separate violation.
(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.
(3)
Nothing contained in this section shall be construed
or interpreted to grant to any person or entity other than the Borough
the right to commence any action for enforcement pursuant to this
section.
A.
Neither the approval nor the granting of any review,
issuance of permit or approval related to construction, activity within
the floodplain, site plan review, subdivision or land development
approval, erosion control, stormwater 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.
B.
If the Zoning Officer mistakenly issues a permit under
this chapter, the Borough shall not be liable for any later lawful
withdrawal of such permit for valid cause shown.
