A. 
The provisions of this chapter shall be administered and enforced by a Zoning Officer, who shall be appointed by Borough Council. The Zoning Officer shall hold no elective office in the Borough. The Zoning Officer shall meet the qualifications established by the Borough and shall be able to demonstrate, to the satisfaction of the Borough, a working knowledge of municipal zoning.
B. 
The Zoning Officer shall have all the powers and duties conferred upon him by this chapter and the Pennsylvania Municipalities Planning Code.[1] The Zoning Officer's duties shall include the following:
(1) 
Receive and examine all applications for zoning certificates and certificates of occupancy.
(2) 
Notify applicants of any deficiencies in applications and request additional information.
(3) 
Process applications for zoning certificates and certificates of occupancy for all permitted uses.
(4) 
Receive applications for uses by special exception and variances and forward these applications to the Zoning Hearing Board for action prior to considering issuance of zoning certificates or certificates of occupancy for the proposed use.
(5) 
Receive applications for conditional uses and forward these applications to the Planning Commission and Borough Council for recommendation and action prior to considering issuance of zoning certificates or certificates of occupancy for the proposed use.
(6) 
Issue permits only where there is compliance with the provisions of this chapter, with other Borough ordinances and the laws of the commonwealth.
(7) 
Issue denials of zoning certificates or certificates of occupancy and refer any appeal of the denial to the Zoning Hearing Board for action thereon.
(8) 
Conduct inspections and surveys to determine compliance or noncompliance with this chapter.
(9) 
Issue notices of violation in accordance with the requirements of § 180-109, below.
(10) 
With the approval of Borough Council, or when directed by Borough Council, institute, in the name of the Borough, any appropriate action or proceeding to prevent unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use; to restrain, correct or abate such violation so as to prevent the occupancy or use of any building, structure or land; or to prevent any illegal act, conduct, business or use in or about such premises.
(11) 
Revoke any order or permit issued under a mistake of fact or contrary to the law or the provisions of this chapter.
(12) 
Record and file all applications for zoning certificates and certificates of occupancy with accompanying plans and documents, and maintain those files as a public record.
(13) 
Maintain the Official Zoning District Map for the Borough.
(14) 
Register nonconforming uses, structures and lots in accordance with § 180-94 of this chapter.
(15) 
Submit a monthly written report to Borough Council of all zoning certificates, certificates of occupancy, sign permits, temporary use permits and all notices of violation and orders issued.
(16) 
Meet with the Planning Commission no less frequently than quarterly to advise the Commission regarding potential developments and to discuss any problems in administering this chapter and/or recommend amendments to this chapter.
[1]
Editor's Note: See 53 P.S. § 10101.
A. 
Violations. Failure to comply with any provisions of this chapter; failure to secure a zoning certificate prior to the erection, construction, extension, structural alteration, addition or occupancy of a building or structure; or failure to secure a certificate of occupancy for the use or change of use or occupancy of structures or land shall be a violation of this chapter.
B. 
Enforcement notice. The enforcement notice shall contain the following information:
(1) 
The name of the owner of record and any other persons against whom the Borough intends to take action.
(2) 
The location of the property in violation.
(3) 
The specific violation with a description of the requirements that have not been met, citing in each instance the applicable provisions of this chapter.
(4) 
The date before which steps for compliance must be commenced, and the date before which the steps must be completed.
(5) 
That the recipient of the notice has the right to appeal to the Zoning Hearing Board within a prescribed period of time in accordance with the procedures set forth in this chapter.
(6) 
That failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation, with possible sanctions clearly described.
C. 
Enforcement remedies.
(1) 
Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Borough, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees, incurred by the Borough as a result thereof. No judgment shall commence or be imposed, be levied or be 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.
(2) 
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. All judgments, costs and reasonable attorney fees collected for the violation of this chapter shall be paid over to the Borough.
(3) 
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.
(4) 
Nothing contained in this subsection 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 subsection.
D. 
Causes of action. In case any building or structure is erected, constructed, reconstructed, structurally altered, repaired, converted or maintained or any building or structure or land is used in violation of this chapter or of any other ordinance or regulation made under authority conferred hereby, Borough Council or, with approval of Borough Council, the Zoning Officer or other proper official, in addition to other remedies, may institute in the name of the Borough any appropriate action or proceeding to prevent, restrain, correct or abate such unlawful erection, construction, reconstruction, structural alteration, repair, conversion, maintenance or use; to prevent the occupancy of any building, structure or land; or to prevent any illegal act, conduct, business or use that constitutes a violation.
In all cases, any application for a permit of any of the types described in this chapter shall be decided not only on the basis of compliance with this Chapter 180, Zoning, but also on the basis of compliance with all other applicable Borough ordinances and all other applicable rules and regulations of the various Borough authorities and agencies that might be concerned, as well as state and federal requirements and permits.
[Amended 3-28-2023 by Ord. No. 479]
A. 
When required.
(1) 
No land use may be established or changed; no structure or building may be erected, constructed, reconstructed, structurally altered, razed or removed; and no building or structure may be used or occupied or the use changed until a zoning permit has been obtained from the Zoning Officer.
(2) 
In the instances where a building permit is required and applied for, a zoning permit shall be a prerequisite to issuance of the building permit.
(3) 
In those instances where no building permit is required, an application for a certificate of occupancy for a new or changed use of land or structure shall be accompanied by a zoning permit.
(4) 
In the case of a conditional use or use by special exception, the Zoning Officer shall refer the application to the Planning Commission and Borough Council or to the Zoning Hearing Board, whichever is applicable, for a decision granting approval of the conditional use or use by special exception prerequisite to issuing a zoning permit. Whenever the approval of a conditional use or use by special exception includes conditions attached to the approval, said conditions shall be incorporated into the zoning permit.
(5) 
In the case of a permitted use, the Zoning Officer shall not issue the zoning permit unless and until all applicable regulations of this chapter have been met and, in the case of a use for which land development plan approval is required by Chapter 163, Subdivision and Land Development, unless and until final approval of the land development plan has been granted by Borough Council. Whenever final approval of a land development plan is subject to conditions, those conditions shall be incorporated into the zoning permit.
B. 
Application for zoning permit.
(1) 
All applications for zoning permits shall be made, in writing, by the owner or his authorized agent on a form furnished by the Borough and shall include a statement of the intended use of the building and a property survey both prepared in duplicate and drawn to scale, and copies of all required county, state and/or federal permits as approved by the appropriate agency, and shall include the following information at a minimum:
(a) 
All applications for a proposed use that does not involve construction, alteration or enlargement of a principal or accessory structure shall include a property survey showing compliance with any applicable requirements for the proposed use such as signage, parking, buffer areas and the like, as well as a narrative describing the proposed use and demonstrating compliance with all applicable criteria for approval, including, but not limited to, any express standards and criteria for a conditional use or use by special exception.
(b) 
All applications for a zoning permit for a principal structure where construction is proposed shall be accompanied by two copies of a property survey, drawn to scale, showing key location map; graphic scale; North arrow; closest intersecting public road; exact dimensions and total acreage of the lot(s) or parcel; zoning of the lot(s) and zoning of all abutting properties; exact location and exterior dimensions of the existing and proposed building(s) or other structure(s); exact location and area of all existing and proposed watercourses; drainageways, rights-of-way and easements; exact location of existing and proposed driveways, streets and roads within, adjacent and opposite to the lot(s) or parcel; exact location of existing and proposed off-street parking, loading and pedestrian movement facilities; exact dimensions of front, side and rear yards for all principal and accessory uses; and any other additional data as may be deemed necessary and be requested by the Zoning Officer to determine compliance with this chapter.
(c) 
All applications for construction, alteration or enlargement of an accessory structure shall be accompanied by two copies of a plot plan showing the principal structure, the proposed location of the accessory structure, setbacks for the accessory structure, its relationship to the principal structure and all easements and rights-of-way on the property.
(d) 
The Zoning Officer may require an applicant to furnish a survey of the property by a Pennsylvania registered land surveyor when complete and accurate information is not readily available from existing records.
(e) 
The Zoning Officer may require additional data to determine compliance with this chapter.
(2) 
It shall be the duty of the Zoning Officer to review the application to determine if all necessary information has been submitted or request more information of the applicant and officially receive the application for review by the appropriate Borough agencies.
(3) 
All applications for a zoning permit shall be accompanied by a fee, to be based upon the fee schedule of the Borough, as provided for in § 180-116 of this chapter.
C. 
Approval of zoning permit. Upon approval of the application for a zoning permit, one copy of the approved zoning permit with the approved application attached shall be returned to the applicant. One copy of such zoning permit shall be kept on file in the Borough Office.
D. 
Denial of zoning permit. In the event of a denial, the Zoning Officer shall state, in writing, the reason(s) for such denial, including the citation of the specific section(s) of this or other pertinent ordinances that have not been met.
E. 
Inspection. The Zoning Officer, or his duly appointed representative, may make inspections on the property for which an application for a zoning permit has been submitted, issued or completed.
F. 
Failure to obtain zoning permit. Failure to obtain a zoning permit shall be a violation of this chapter and shall be subject to the enforcement remedies of § 180-109 of this chapter.
[Amended 3-28-2023 by Ord. No. 479]
A. 
A certificate of occupancy indicating compliance with the provisions of this chapter shall be required prior to:
(1) 
Occupancy of a new building.
(2) 
Occupancy and use of a building that is moved, reconstructed or enlarged and requires a building permit.
(3) 
Change in the use of an existing building, structure, water body or land area other than to a use of the same type.
(4) 
A change of a nonconforming use, building or structure authorized by the Zoning Hearing Board.
(5) 
A change in use of a nonconforming use to a conforming use.
(6) 
Occupancy and use of unimproved or vacant land.
(7) 
The above provisions apply to both principal and accessory buildings, structures and uses. The accessory structures listed below require a zoning permit and a certificate of occupancy when under 1,000 square feet, and a zoning permit, building permit, and certificate of occupancy when 1,000 square feet or more.
(a) 
Sheds.
(b) 
Fences.
(c) 
Carports and garages.
(d) 
Porches or decks when added to an existing building.
(e) 
Decks when not attached to a building.
(f) 
Swimming pools.
(g) 
Signs.
(h) 
Other accessory structures.
B. 
Application for certificate of occupancy.
(1) 
All requests for a certificate of occupancy shall be made, in writing, on a form furnished by the Borough, completed by the owner or other authorized agent, and shall include a statement that the use and/or construction authorized by the approved zoning permit has been completed in compliance with all applicable requirements.
(a) 
It shall be the duty of the Zoning Officer to review the application to determine if all necessary information has been submitted, to request more information from the applicant and officially receive the application.
(b) 
All applications for a certificate of occupancy shall be accompanied by a fee to be based upon the fee schedule of the Borough, as provided for in § 180-116 of this chapter.
C. 
Issuance of certificate of occupancy.
(1) 
Applications for a certificate of occupancy shall be reviewed by the Zoning Officer. The Zoning Officer shall either issue findings as a basis for denial or shall approve the application.
(2) 
Upon approval of the request for a certificate of occupancy, one copy of the certificate of occupancy shall be given to the applicant, and one copy of the certificate of occupancy shall be kept on file in the Borough office.
D. 
Denial of certificate of occupancy. In the event of denial, the Zoning Officer shall forward to the applicant a written statement containing the reason(s) for such denial and shall cite the specific requirements of this chapter that have not been met.
E. 
Time limitations. A certificate of occupancy shall remain valid for as long as the structure, building, water body or land area is used in the manner for which the certificate of occupancy has been issued.
F. 
Temporary certificate of occupancy. A temporary certificate of occupancy may be issued by the Zoning Officer for a period not exceeding six months to permit partial occupancy of a building, structure, water body or land area while work is being completed, provided such temporary certificate of occupancy may require such conditions and safeguards as may be warranted, including posting of surety, to protect the health and safety of the occupants and the public and guarantee compliance with the provisions of this chapter or any conditions attached to the zoning certificate.
G. 
Failure to obtain a certificate of occupancy. Failure to obtain a certificate of occupancy shall be a violation of this chapter and shall be subject to enforcement remedies as provided in § 180-109 of this chapter.
H. 
Zoning certification letter.
(1) 
A zoning certification letter shall be issued to certify the following:
(a) 
Correct zoning classification.
(b) 
Compatibility of existing land uses.
(c) 
Compatibility of proposed land uses.
(d) 
Legal status of a nonconforming use, structure or lot.
(2) 
A zoning certification letter is required for every change in ownership for any use, building, land, structure or lot.
(3) 
Application. A complete application for a zoning certification letter shall be submitted to the Zoning Officer in a form established by the Borough, along with a nonrefundable fee established by the Borough to defray the cost of processing the application.
A temporary use permit shall be required prior to the initiation of an authorized temporary use of a structure, land or water body and shall meet the following requirements:
A. 
Approvals required.
(1) 
Temporary construction trailers, model homes or sales offices shall be subject to approval of a temporary use permit by the Zoning Officer under this section, provided the Zoning Officer also determines compliance with § 180-74.
(2) 
Sidewalk sales, carload sales and other special promotions conducted on the site of an existing retail business with the permission of the landowner for a period of not more than 72 consecutive hours shall be exempt from obtaining a temporary use permit. Any such activity that exceeds 72 consecutive hours in duration shall be exempt from obtaining approval of a use by special exception from the Zoning Hearing Board but shall be subject to approval by the Zoning Officer of a temporary use permit provided the Zoning Officer determines compliance with all applicable standards of § 180-66LL as a condition precedent to issuing the temporary use permit under this section.
(3) 
Temporary uses such as festivals, fairs or other similar activities sponsored by a governmental, local nonprofit, community or charitable organization shall be exempt from obtaining approval of a use by special exception from the Zoning Hearing Board but shall be subject to approval by the Zoning Officer of a temporary use permit, provided the Zoning Officer determines compliance with all applicable standards of § 180-66LL as a condition precedent to issuing the temporary use permit under this section.
(4) 
All other temporary uses shall be subject to approval by the Zoning Hearing Board of a use by special exception in accordance with the criteria of § 180-66LL as a condition precedent to obtaining a temporary use permit from the Zoning Officer under this section.
B. 
Application for temporary use permit. All requests for temporary use permits shall be made in writing on a form furnished by the Borough and shall include a full description of the type of use for which such permit is being sought and the dates during which this use is proposed to be in existence.
(1) 
It shall be the duty of the Zoning Officer to review the application for compliance, request more information of the applicant and officially receive the application.
(2) 
All applications for a temporary use permit shall be accompanied by a fee, to be based upon the fee schedule adopted by the Borough, as provided for in § 180-116 of this chapter.
(3) 
Any temporary use that requires approval of a use by special exception by the Zoning Hearing Board shall include the information required by § 180-64C for approval of an application for a use by special exception.
C. 
Issuance of permit.
(1) 
Any temporary use permit that requires approval of a use by special exception in accordance with the express standards and criteria of § 180-66LL shall not be issued until the favorable decision of the Zoning Hearing Board is received.
(2) 
Applications for a temporary use permit shall be reviewed by the Zoning Officer. The Zoning Officer shall either issue findings as a basis for denial or shall approve the temporary use permit.
(3) 
Upon approval of the application for a temporary use permit, one copy of the permit shall be given to the applicant. The applicant's copy of the permit must be publicly displayed at the site of the temporary use during the existence of the use. One copy of the permit shall be kept on file in the Borough Office.
D. 
Denial of permit. In the event of denial, the Zoning Officer shall forward to the applicant a written statement containing the reason(s) for such denial and shall cite the specific requirements of this chapter that have not been met.
E. 
Time limitations. Temporary use permits are valid for the time period(s) specified in the approval. Annual renewal may be granted subject to the Zoning Officer's determination that there is continuing compliance with § 180-66LL. All temporary uses shall be removed within 10 days of the expiration of the specific period for which the structure or use is approved.
F. 
Inspections.
(1) 
The Zoning Officer, or his duly appointed representative, may make an inspection of the property on which such temporary use is to be located to determine the suitability of the site for the use. This inspection shall be made prior to issuing a permit, prior to initiation of the use or, in the event a renewal of the permit is requested, during the time the use is in existence.
(2) 
In the event of such inspection, a record shall be made indicating the time and date of inspection; the findings of the Zoning Officer in regard to conformance with this chapter and other Borough ordinances; and the opinion of the Zoning Officer with regard to the suitability of the site for this use.
G. 
Failure to obtain a temporary use permit. Failure to obtain a temporary use permit shall be a violation of this chapter and shall be subject to enforcement remedies as provided in § 180-109 of this chapter.
A sign permit shall be required in accordance with the provisions of § 180-85 of this chapter. It shall be unlawful for any person to commence work for the erection or alteration of any sign until a permit has been issued.
A. 
Application for permit. All requests for sign permits shall be made in writing on a form furnished by the Borough and shall include a full description of the proposed sign, a description of the lot upon which such proposed sign is to be located and a description of any other existing signs on the same lot.
(1) 
All applications for a sign permit shall be accompanied by two copies of a drawing showing width of sign; height of sign; gross surface area of sign; total height of sign above adjacent ground level; clearance between bottommost part of sign and ground level; and, for freestanding signs, the distance between the front edge of the sign and adjacent street right-of-way and the distance between the side or rear edge of the sign and the side or rear property line; the proposed message; construction specifications; the type of foundation, structural integrity and ability to withstand wind loads; the form of illumination proposed, if any; and compliance with the visibility requirements of § 180-70D of this chapter.
(2) 
It shall be the duty of the Zoning Officer to review the application for completeness and compliance, request more information of the applicant or officially receive the application for the sign.
(3) 
All applications for a sign permit shall be accompanied by a fee, to be based upon the fee schedule of the Borough as provided for in § 180-116 of this chapter.
(4) 
In the case of new construction of a multitenant development site, it shall be the responsibility of the developer to submit an application for a sign package that includes any monument signs, pole signs or ground signs proposed for the site, as well as any on-premises directional signs. Individual businesses shall apply for permits for any wall signs proposed for their buildings and, in the case of outparcels, any freestanding signs proposed.
B. 
Issuance of permit.
(1) 
Applications for a sign permit shall be reviewed by the Zoning Officer. The Zoning Officer shall either issue findings as a basis for denial or shall approve the application.
(2) 
Upon approval of the sign permit, one copy of the permit shall be given to the applicant, and one copy of the permit shall be kept on file in the Borough Office.
C. 
Denial of permit. In the event of denial, the Zoning Officer shall forward to the applicant a written statement containing the reason(s) for such denial and shall cite the specific requirements of this chapter that have not been met.
D. 
Inspections. For a sign permit, the Zoning Officer, or his duly appointed representative, may make the following inspections on property on which the permanent sign is to be located: prior to installation of the sign; following installation of the sign; occasionally to determine continued maintenance and compliance with this chapter; in response to any written complaint; whenever the sign is proposed to be replaced or modified; and upon cessation of the use for which the sign was erected.
E. 
Failure to obtain a sign permit. Failure to obtain a sign permit shall be a violation of this chapter and shall be subject to enforcement remedies as provided in § 180-109 of this chapter.
Borough Council may introduce and/or consider amendments to this chapter and to the Zoning District Map. In addition, Borough Council may consider amendments to this chapter and to the Zoning District Map that are proposed by the Planning Commission or by a petition of landowners of property within the Borough.
A. 
Petitions. Petitions for amendments by landowners shall be filed with the Planning Commission at least 20 calendar days prior to the meeting at which the petition is to be heard. In the case of a petition for reclassification of property, the petitioners, upon such filing, shall submit a legal description of the property proposed to be rezoned. All petitions shall include a statement justifying the request and documenting consistency with the Borough's Comprehensive Plan and a filing fee, in accordance with the fee schedule fixed by resolution of Borough Council as provided for in § 180-116. The Planning Commission shall review the proposed amendment and report its findings and recommendations in writing to Borough Council.
B. 
Referral. Any proposed amendment presented to Borough Council without written findings and recommendations from the Borough Planning Commission and the Beaver County Planning Commission shall be referred to these agencies for review at least 30 days prior to the public hearing of Borough Council. Borough Council shall not hold a public hearing upon such amendments until the required reviews are received or the expiration of 30 days from the date of referral, whichever comes first.
C. 
Posting of property. If the proposed amendment involves a change to the Zoning District Map, notice of the public hearing shall be conspicuously posted by the Borough at points deemed sufficient by the Borough along the tract to notify potentially interested citizens at least seven days prior to the date of the public hearing.
D. 
Mailing of notices. In addition to posting the property, if the proposed amendment involves a change to the Zoning District Map, notice of the public hearing shall be mailed by the Borough at least 30 days prior to the date of the hearing by first-class mail to the addresses to which real estate tax bills are sent for all real property located within the area being rezoned, as evidenced by tax records within the possession of the Borough. The notice shall include the location, date and time of the public hearing. A good faith effort and substantial compliance shall satisfy the requirements of this subsection. This subsection shall not apply when the rezoning constitutes a comprehensive rezoning.
E. 
Public notice and public hearing. Before acting on a proposed amendment, Borough Council shall hold a public hearing thereon. Public notice, as defined by this chapter, shall be given containing a brief summary of the proposed amendment and reference to the place where copies of the same may be examined.
F. 
Readvertisement. If, after any public hearing is held upon a proposed amendment, the amendment is substantially changed or revised to include land not previously affected by the amendment, Borough Council shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment.
G. 
Publication, advertisement and availability.
(1) 
Proposed amendments shall not be enacted unless Borough Council gives notice of the proposed enactment, including the time and place of the meeting at which passage will be considered and a reference to the place in the Borough where copies of the proposed amendment may be examined without charge or obtained for a charge not greater than the cost thereof.
(2) 
Borough Council shall publish the proposed amendment once in a newspaper of general circulation in the Borough not more than 60 nor less than seven days prior to passage. Publication of the proposed amendment shall include either the full text thereof or the title and a brief summary prepared by the Borough Solicitor setting forth all the provisions in reasonable detail. If the full text is not included:
(a) 
A copy thereof shall be provided to the newspaper at the time public notice is published; and
(b) 
An attested copy of the proposed ordinance shall be filed in the County Law Library.
H. 
Action. In the case of proposed adoption of a completely revised Zoning Ordinance, within 90 days of the date when the public hearing on the proposed ordinance is officially closed, Borough Council shall vote on the proposed ordinance. In the event substantial amendments are made in the proposed ordinance or amendment, Borough Council shall readvertise in one newspaper of general circulation in the Borough a brief summary of the ordinance or amendments at least 10 days prior to enactment.
I. 
Filing amendment with County Planning Commission. Within 30 days after enactment, a copy of the amendment to this chapter shall be forwarded to the Beaver County Planning Commission.
J. 
Mediation option. Borough Council may offer the mediation option as an aid in completing proceedings authorized by this § 180-115. The Borough and the mediating parties shall meet the stipulations and follow the procedures set forth in § 180-104 of this chapter.
Borough Council shall establish and revise, from time to time, a schedule of fees by resolution, as well as a collection procedure, for all applications submitted under the provisions of this chapter. The schedule of fees shall be available to the public from the Zoning Officer or the Borough Manager.
A curative amendment may be filed by a landowner who desires to challenge, on substantive grounds, the validity of this chapter or the Zoning District Map, or any provision thereof, that prohibits or restricts the use or development of land in which he has an interest.
A. 
Procedure. The landowner may submit a curative amendment to Borough Council with a written request that his challenge and proposed amendment be heard and decided as provided in Sections 609.1 and 1004 of the Pennsylvania Municipalities Planning Code, Act 247, as amended.[1] As with other proposed amendments, the curative amendment shall be referred to the Borough Planning Commission and the Beaver County Planning Commission at least 30 days before the hearing is conducted by Borough Council. Public notice shall be given in accordance with Sections 610, 1004 and other applicable provisions of the Pennsylvania Municipalities Planning Code.[2] The hearings shall be conducted in accordance with the provisions of Subdivisions (4) through (8) of Section 908 of the Pennsylvania Municipalities Planning Code,[3] and all references in that section to the Zoning Hearing Board shall be references to Borough Council.
[1]
Editor's Note: See 53 P.S. §§ 10609.1 and 10916.1, respectively. Section 1004 of the Pennsylvania Municipalities Planning Code (53 P.S. § 11004; see now 53 P.S. § 10916.1) was repealed 12-21-1988 by P.L. 1329, No. 170, § 100.
[2]
Editor's Note: See 53 P.S. §§ 10610 and 10916.1.
[3]
Editor's Note: See 53 P.S. § 10908.
B. 
Evaluation of merits of curative amendment. If Borough Council determines that a validity challenge has merit, Borough Council may accept a landowner's curative amendment, with or without revision, or may adopt an alternative amendment that will cure the alleged defects. Borough Council shall consider the curative amendments, plans and explanatory material submitted by the landowner and shall also consider:
(1) 
The impact of the proposal upon roads, sewer facilities, water supplies, schools and other public service facilities;
(2) 
If the proposal is for a residential use, the impact of the proposal upon regional housing needs and the effectiveness of the proposal in providing housing units of a type actually available to and affordable by classes of persons otherwise unlawfully excluded by the challenged provisions of this chapter or Zoning District Map;
(3) 
The suitability of the site for the intensity of the use proposed by the site's soils, slopes, woodlands, wetlands, floodplains, aquifers, natural resources and other natural features;
(4) 
The impact of the proposed use on the site's soils, slopes, woodlands, wetlands, floodplains, natural resources and natural features, the degree to which these are protected or destroyed, the tolerance of the resources to development and any adverse environmental impacts; and
(5) 
The impact of the proposal on the preservation of agriculture and other land uses that are essential to public health and welfare.
C. 
Declaration of invalidity by court. If the Borough does not accept a landowner's curative amendment brought in accordance with this section and a court subsequently rules the challenge has merit, the court's decision shall not result in a declaration of invalidity for this entire ordinance but only for those provisions that specifically relate to the landowner's curative amendment challenge.