[Amended 10-7-1991 by Ord. No. 7-1991[1]]
[1]
Editor's Note: This ordinance also repealed former Article
IX, Administration and Enforcement, consisting of §§ 73-68,
Zoning Officer, 73-69, Zoning permits, 73-70, Occupancy permits, 73-71.
Planning Commission, 73-72, Violations and penalties, and 73-73, Fees.
A.
For the administration of this chapter, a Zoning Officer, who shall
not hold any elective office in the Borough of Towanda, shall be appointed.
B.
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 code.
C.
The Zoning Officer shall administer this chapter in accordance with
its literal terms, and shall not have the power to permit any construction
or any use or change of use which does not conform to this chapter.
D.
The Zoning Officer is hereby authorized to institute civil enforcement
proceedings as a means of enforcement when acting within the scope
of his employment.
E.
It shall be the duty of the Zoning Officer to keep a record of all
applications for building and zoning permits, a record of all permits
issued and a record of all certificates of use and occupancy which
he countersigns, together with a notation of all special conditions
involved. He shall file and safely keep copies of all plans submitted
and the same shall be available for the use of the Borough Council.
F.
The Zoning Officer shall prepare a monthly report to the Borough
Council summarizing for the period since his last previous report
all zoning permits issued and certificates countersigned by him and
all complaints of violations and the action taken by him consequent
thereon.
G.
Registration of nonconforming uses, structures and lots. Zoning Ordinances
may contain provisions requiring the Zoning Officer to identify and
register nonconforming uses, structures and lots, together with the
reasons why the Zoning Officer identified them as nonconformities.
A.
B.
Application for permits. All applications for permits shall be accompanied
by plans, drawn to scale, showing the actual shape and dimensions
of the lot to be built upon, the exact size and location of any buildings
existing on the lot, the lines within which the proposed building
or structure shall be erected or altered, the existing and intended
use of each building or part of a building, the number of families
or dwelling units the building is designed to accommodate and such
information as may be necessary to determine compliance with this
chapter and all other ordinances. All application with accompanying
plans and documents shall become a public record after a permit is
issued or denied.
C.
Issuance of permits. No permit shall be issued until the Zoning Officer
has certified that the proposed building, addition or alteration,
complies with all the provisions of this chapter, as well as the provisions
of all other applicable ordinances. A permit issued hereunder shall
become void six months after issuance date, unless a request for extension
has been submitted to and approved by the Zoning Officer. Such request
shall be filed with the Zoning Officer at least 30 days prior to the
permit expiration date.
D.
Temporary permits. A temporary permit may be authorized by the governing
body for a structure or use which it deems necessary to promote the
proper development of the community, provided that such nonconforming
structure or use shall be completely removed upon expiration of the
permit without cost to the Borough. Such permits shall be issued for
a specified period of time not to exceed six months, and may be renewed
once for an additional six-month period.
A.
A certificate of use and occupancy shall be a statement issued by
the Zoning Officer setting forth either that a building, structure,
parcel or use of land complies with the provisions of this chapter.
B.
No vacant land shall be occupied or used, and no structure or part
of a structure hereafter erected, substantially altered or changed
in use shall be occupied or used until a certificate of use and occupancy
shall have been issued by the Zoning Officer.
C.
A certificate of use and occupancy of vacant land or for a change
in the use of land or for a change in the use of an existing building,
either for a whole or part of a new building or for the alteration
of an existing building, shall be applied for coincident with the
applications for a building or zoning permit, and shall be issued
or denied within 15 days after a final inspection by the Zoning Officer.
D.
A certificate of use and occupancy for changing or extending a nonconforming
use, existing at the effective date of this chapter or of an amendment
thereto, shall be applied for and issued within 15 days after a final
inspection and approval by the Zoning Officer.
E.
A record of all certificates of use and occupancy shall be kept on
file in the office of the Zoning Officer and a copy shall be furnished
on request to any person having a proprietary or tenancy interest
in the building or land affected.
A.
It shall be the duty of the Zoning Officer to enforce the provisions
of this chapter, and such power and authority as is necessary for
enforcement is hereby conferred upon the Zoning Officer. The Zoning
Officer shall examine all applications for permits, issue permits
for construction and uses which are in accordance with the requirements
of this chapter, record and file all applications for permits with
accompanying plans and documents and make such reports as the governing
body may require. Permits for construction and uses which are a special
exception or a variance to requirements of this chapter shall be issued
only upon written order of the Zoning Hearing Board; permits for construction
and uses which are conditional use by the Borough Council.
B.
Enforcement notice.
(1)
If it appears to the municipality that a violation of any zoning
ordinance enacted under this act or prior enabling laws has occurred,
the municipality shall initiate enforcement proceedings by sending
an enforcement notice as provided in this subsection.
(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 the ordinance.
(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.
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 ordinance enacted under this
act or prior enabling laws, the governing body or, with the approval
of the governing body, 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, 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 municipality at least 30 days prior to the time the
action is begun by serving a copy of the complaint on the governing
body of the municipality. No such action may be maintained until such
notice has been given.
Magisterial District Judges shall have initial jurisdiction
over proceedings brought under this article.
A.
Any person, partnership or corporation who or which has violated
or permitted the violation of the provisions of any zoning ordinance
enacted under this act or prior enabling laws shall, upon being found
liable therefor in a civil enforcement proceeding commenced by a municipality,
pay a judgment of not more than $500, plus all court costs, including
reasonable attorney fees, incurred by a municipality 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 Magisterial District
Judge. If the defendant neither pays nor timely appeals the judgment,
the municipality may enforce the judgment pursuant to the applicable
rules of civil procedure. Each day that a violation continues shall
constitute a separate violation, unless the Magisterial District Judge,
determining that there has been a violation, further determines that
there was a good faith basis for the person, partnership or corporation
violating the ordinance to have believed that there was no such violation,
in which event there shall be deemed to have been only one such violation
until the fifth day following the date of the determination of a violation
by the Magisterial District Judge, and thereafter, each day that a
violation continues shall constitute a separate violation. All judgments,
costs and reasonable attorney fees collected for the violation of
zoning ordinances shall be paid over to the municipality whose ordinance
has been violated.
B.
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.
C.
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than the municipality the right
to commence any action for enforcement pursuant to this section.
A.
The Council of the Borough of Towanda, Pennsylvania, shall from time
to time by resolution establish a schedule of fees, charges and expenses.
The Council of the Borough of Towanda, Pennsylvania, shall establish
a collection procedure for zoning permits, certificates of use and
occupancy, appeals, variances, conditional uses, special exceptions,
amendments, bonds and other matters pertaining to this chapter to
be kept on file at the Borough office and which may be changed from
time to time by resolution of the Council of the Borough of Towanda,
Pennsylvania.
[Amended 12-6-2010 by Ord. No. 2010-7]
B.
A demolition fee is for the administration fee for the demolition
or removal of a building or structure on a property which requires
the inspection and verification that all water, sewer, gas, electric
and any other utility lines have been properly disconnected at the
curb or at the edge of the right-of-way and that the building can
be properly demolished without causing damage to any of those utilities
or to adjacent property.
C.
Such fees shall be payable to the Borough, and until all applicable
fees, charges and expenses have been paid in full, the applications
shall be considered incomplete, and no action shall be taken on any
application or appeal.
D.
The demolition fee is to be based on the cost of the project in the
same manner as the building permit fee schedule.
A.
Proposed zoning ordinances and amendments shall not be enacted unless
notice of the proposed enactment is given in the manner set forth
in this section, including the time and place of the meeting at which
passage will be considered a reference to a place within the municipality
where copies of the proposed ordinance or amendment may be examined
without charge or obtained for a charge not greater than the cost
thereof. The governing body shall publish the proposed ordinance or
amendment once in one newspaper of general circulation in the municipality
not more than 60 days nor less than seven days prior to passage. Publication
of the proposed ordinance or amendment shall include either the full
text thereof or the title and a brief summary, prepared by the Municipal
Solicitor and setting forth all the provisions in reasonable detail.
If the full text is not included:
(1)
A copy thereof shall be supplied to a newspaper of general circulation
in the municipality at the time the public notice is published.
(2)
An attested copy of the proposed ordinance shall be filed in the
county law library or other county office designated by the County
Commissioners, who may impose a fee no greater than that necessary
to cover the actual costs of storing said ordinances.
B.
In the event that substantial amendments are made in the proposed
ordinance or amendment, before voting upon enactment, the governing
body shall, at least 10 days prior to enactment, readvertise, in one
newspaper of general circulation in the municipality, a brief summary
setting forth all the provisions in reasonable detail, together with
a summary of the amendments.
C.
Zoning ordinances and amendments may be incorporated into official
ordinance books by reference with the same force and effect as if
duly recorded therein.
A.
Creation of planning agencies. The governing body of any municipality
shall have the power to create or abolish, by ordinance, a Planning
Commission or Planning Department, or both. An ordinance which creates
both a Planning Commission and a Planning Department shall specify
which of the powers and duties conferred on planning agencies by this
act each shall exercise and may confer upon each additional powers,
duties and advisory functions not inconsistent with this act. In lieu
of a Planning Commission or Planning Department, the governing body
may elect to assign the powers and duties conferred by this act upon
a Planning Committee comprised of members appointed from the governing
body. The Engineer for the municipality or an engineer appointed by
the governing body shall serve the planning agency as engineering
advisor. The solicitor for the municipality or an attorney appointed
by the governing body shall serve the planning agency as legal advisor.
B.
Planning Commission. If the governing body of any municipality shall
elect to create a Planning Commission, such Commission shall have
not fewer than three nor more than nine members. All members of the
Commission shall serve without compensation, but may be reimbursed
for necessary and reasonable expenses. However, elected or appointed
officers or employees of the municipality shall not, by reason of
membership thereon, forfeit the right to exercise the powers, perform
the duties or receive the compensations of the municipal offices held
by them during such membership.
C.
Appointment, term and vacancy.
(1)
All members of the Commission shall be appointed by the appointing
authority of the municipality. All such appointments shall be approved
by the governing body, except where the governing body is the appointing
authority.
(2)
The term of a member of the Commission shall be for four years or
until his successor is appointed and qualified, except that the terms
of the members first appointed pursuant to this act shall be so fixed
that on Commissions of eight members or fewer, no more than two shall
be reappointed or replaced during any future calendar year, and on
Commissions of nine members, no more than three shall be so reappointed
or replaced.
(3)
The Chairman of the Planning Commission shall promptly notify the
appointing authority of the municipality concerning vacancies in the
Commission, and such vacancy shall be filled for the unexpired term.
If a vacancy shall occur otherwise than by expiration of term, it
shall be filled by appointment for the expired term according to the
terms of this article.
(4)
Should the governing body of any municipality determine to increase
the number of members of an already existing Planning Commission,
the additional members shall be appointed as provided in this article.
If the governing body of any municipality shall determine to reduce
the number of members on any existing Planning Commission, such reduction
shall be effectuated by allowing the terms to expire and by making
no new appointments to fill the vacancy. Any reduction or increase
shall be by ordinance.
D.
Membership. All of the members of the Planning Commission shall be
residents of the municipality. On all Planning Commissions appointed
pursuant to this act, a certain number of the members, designated
as citizen members, shall not be officers or employees of the municipality.
On a Commission of three members, at least two shall be citizen members.
On a Commission of four or five members, at least three shall be citizen
members. On a Commission of either six or seven members, at least
five shall be citizen members and on Commissions of either eight or
nine members, at least six shall be citizen members.
E.
Removal. Any member of a Planning Commission once qualified and appointed
may be removed from office for malfeasance, misfeasance or nonfeasance
in office or for other just cause by a majority vote of the governing
body taken after the member has received 15 days' advance notice of
the intent to take such a vote. A hearing shall be held in connection
with the vote if the member shall request it in writing. Any appointment
to fill a vacancy created by removal shall be only for the unexpired
term.
F.
Conduct of business. The Commission shall elect its own Chairman
and Vice Chairman and create and fill such other offices as it may
determine. Officers shall serve annual terms and may succeed themselves.
The Commission may make and alter by laws and rules and regulations
to govern its procedures consistent with the ordinances of the municipality
and the laws of the commonwealth. The Commission shall keep a full
record of its business and shall annually make a written report by
March 1 of each year of its activities to the governing body. Interim
reports may be made as often as may be necessary or as requested by
the governing body.
G.
Planning Department Director. For the administration of each Planning
Department, the appointing authority may appoint a Director of Planning
who shall be, in the opinion of the appointing authority, qualified
for the duties of his position. Each such appointment shall be with
the approval of the governing body, except where the governing body
is the appointing authority. The Director of Planning shall be in
charge of the administration of the Department, and shall exercise
the powers and be subject to the duties that are granted or imposed
on a planning agency by this act, except that where a municipality
creates both a Planning Commission and a Planning Department, the
Director of Planning shall exercise only those powers and be subject
to only those duties which are specifically conferred upon him by
ordinance enacted pursuant to this article.
H.
Powers and duties of planning agency.
(1)
The planning agency shall, at the request of the governing body,
have the power and shall be required to:
(a)
Prepare the Comprehensive Plan for the development of the municipality
as set forth in this act, and present it for the consideration of
the governing body.
(b)
Maintain and keep on file records of its action. All records
and files of the planning agency shall be in the possession of the
governing body.
(2)
The planning agency at the request of the governing body may:
(a)
Make recommendations to the governing body concerning the adoption
or amendment of an official map.
(b)
Prepare and present to the governing body of the municipality
a zoning ordinance, and make recommendations to the governing body
on proposed amendments to it as set forth in this act.
(c)
Prepare, recommend and administer subdivision and land development
and planned residential development regulations as set forth in this
act.
(d)
Prepare and present to the governing body of the municipality
a building code and a housing code and make recommendations concerning
proposed amendments thereto.
(e)
Do such other acts or make such studies as may be necessary
to fulfill the duties and obligations imposed by this act.
(f)
Prepare and present to the governing body of the municipality
an environmental study.
(g)
Submit to the governing body of a municipality a recommended
capital improvements program.
(h)
Prepare and present to the governing body of the municipality
a water survey, which shall be consistent with the State Water Plan
and any applicable water resources plan adopted by a river basin commission.
The water survey shall be conducted in consultation with any public
water supplier in the area to be surveyed.
(i)
Promote public interest in and understanding of the Comprehensive
Plan and planning.
(j)
Make recommendations to governmental, civic and private agencies
and individuals as to the effectiveness of the proposals of such agencies
and individuals.
(k)
Hold public hearings and meetings.
(l)
Present testimony before any Board.
(m)
Require from other departments and agencies of the municipality
such available information as relates to the work of the planning
agency.
(n)
In the performance of these functions, enter upon any land to
make examinations and surveys with the consent of the owner.
(o)
Prepare and present to the governing body of the municipality
a study regarding the feasibility and practicability of using renewable
energy sources in specific areas within the municipality.
(p)
Review the Zoning Ordinance, Subdivision and Land Development
Ordinance, Official Map, provisions for planned residential development
and such other ordinances and regulations governing the development
of land no less frequently than it reviews the Comprehensive Plan.
I.
Administrative and technical assistance. The appointing authority
may employ administrative and technical services to aid in carrying
out the provisions of this act either as consultants on particular
matters or as regular employees of the municipality. A county planning
agency, with the consent of its governing body, may perform planning
services for any municipality whose governing body requests such assistance
and may enter into agreements or contracts for such work.
J.
Assistance. The planning agency may, with the consent of the governing
body, accept and utilize any funds, personnel or other assistance
made available by the county, the commonwealth or the federal government
or any of their agencies or from private sources. The governing body
may enter into agreements or contracts regarding the acceptance or
utilization of the funds or assistance in accordance with the governmental
procedures of the municipality.
[Added 7-18-2013 by Ord. No. 2013-4]
A.
The Towanda Borough Council shall require a conditional use application
for the conditional uses set forth in the body of this chapter and
may grant conditional use approval for the same.
B.
Uses not provided for.
(1)
Whenever, under this chapter, a use is neither specifically
permitted nor denied, and an application is made by an applicant to
the Zoning Officer for such a use, the Zoning Officer shall refer
the application to the Borough Council to hear and decide such request
as a conditional use. The Borough Council shall have the authority
to permit the use or deny the use in accordance with the standards
of governing conditional use applications set forth in the Zoning
Ordinance. In addition, the use may only be permitted if:
(2)
The burden of proof shall be upon the applicant to demonstrate
that the proposed use meets the foregoing criteria and would not be
detrimental to the public health, safety and welfare of the neighborhood
where it is to be located.
C.
Application procedure. Applications for any conditional use permitted
by this chapter shall be made to the Zoning Officer, who shall refer
such applications to the Borough Secretary or their designee. Upon
receipt of a conditional use application, the Secretary of the Borough
Council shall forward a copy of the application to the Towanda Borough
Planning Commission for their review and recommendation. The Planning
Commission shall conduct its review and make its recommendations within
30 days of receipt of such request.
D.
Written statement. All applications for conditional uses shall include
a written statement describing the tract of land and its intended
use. Such statement shall include the following information:
(1)
The location of the tract of land;
(2)
The present use of the tract for which the conditional use is
requested;
(3)
The present use of adjoining tracts;
(4)
The type of conditional use for which the application is made;
(5)
A brief description of the type and extent of the proposed activities;
(6)
An estimate of the total development cost of the conditional
use; and
(7)
The names of the applicant, the owner of the tract, the developer
of the conditional use and the person or organization who will operate
the conditional use.
E.
Site plan. All applications for conditional uses shall include at
least six copies of a site plan of the proposed development as set
forth below:
(1)
The site plan shall be drawn to a scale not more than 50 feet
to the inch and shall be on a sheet no smaller than 18 inches by 24
inches and no larger than 24 inches by 36 inches. If the site plan
is drawn in two or more sections, a key map showing the locations
of the sections shall be placed on each sheet. The site plan shall
include:
(a)
Title block containing the name of the developer or landowner,
date, scale, north arrow and the name and profession of the preparer
of the plan;
(b)
Tract boundaries showing bearings and distances;
(c)
Existing significant natural or man-made features of the site;
(d)
Existing and proposed streets, rights-of-way, easements, means
of access and setback lines;
(e)
Existing buildings, sewers, water mains, culverts, transmission
lines, and fire hydrants on or adjacent to the site;
(f)
Existing contours at vertical intervals of five feet or less
and the datum to which the elevations refer;
(g)
Proposed grading and drainage plan;
(h)
Proposed plan of any landscaping of the tract showing all paved
and planted areas, screens or fences and erosion-control measures;
(i)
Plans of any proposed sanitary sewer or storm-sewer systems
and water supply systems; and
(j)
Location, size and floor plan of all proposed buildings or structures
and proposed use of all buildings or structures and open or unenclosed
areas of the tract.
(2)
In cases where minimal site improvement or development is required
or proposed for a conditional use, the Borough Council may waive the
requirement for submittal of certain information that they deem unnecessary
for their review of the application. In all cases however, the information
submitted shall be adequate for review of the conditional use request.
F.
Hearing requirements.
(1)
Before voting on the approval of a conditional use, the Borough
Council shall hold a public hearing thereon, pursuant to public notice.
The Borough Council shall submit each such application to the Towanda
Borough Planning Commission at least 30 days prior to the hearing
held upon an application to provide the Towanda Borough Planning Commission
an opportunity to submit recommendations. If, after any public hearing
held upon an application, the proposed application is revised, the
Borough Council shall hold another public hearing, pursuant to public
notice, before proceeding to vote on the application;
(2)
Public notice, as defined herein, and written notice shall be
given to the applicant, the Zoning Officer, such other persons as
the Towanda Borough Council shall designate by ordinance, and to any
person who has made timely requests for the same. Written notices
shall be given at such time and in such manner as shall be prescribed
by ordinance or, in the absence of ordinance provisions, by rules
of the Towanda Borough Council. In addition to the written notice
provided herein, written notice of said hearing shall be conspicuously
posted on the affected tract of land at least one week prior to the
hearing; the (governing body) may prescribe reasonable fees with respect
to hearings.
(3)
Fees for said hearings may include compensation for the secretary,
notice and advertising costs, and necessary administrative overhead
connected with the hearing. The costs, however, shall not include
legal expenses, expenses for engineering, architectural, or other
technical consultants, or expert witness costs.
(4)
The parties to the hearing shall be Towanda Borough Council,
any person affected by the application who has made timely appearance
of record before the Towanda Borough Council, and any other person,
including civic or community organizations permitted to appear by
the Towanda Borough Council. The Towanda Borough Council shall have
the power to require that all persons who wish to be considered parties
enter appearance in writing on forms provided by the Towanda Borough
Council for that purpose.
(5)
The President and/or Vice President of the Towanda Borough Council
shall have power to administer oaths and issue subpoenas to compel
the attendance of witnesses and the production of relevant documents
and paper, including witnesses and documents requested by the parties.
(6)
The parties shall have the right to be represented by counsel
and shall be afforded the opportunity to respond and present evidence
and argument and cross-examine adverse witnesses on all relevant issues;
(7)
Formal rules of evidence shall not apply, but irrelevant, immaterial,
or unduly repetitious evidence may be excluded;
(8)
The Towanda Borough Council may keep a stenographic record of
the proceedings, the applicant and the Towanda Borough Council shall
share the appearance fee for a stenographer equally. The cost of the
original transcript shall be paid by the Towanda Borough Council;
or shall be paid by the person appealing the decision of the Towanda
Borough Council 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.
(9)
The Towanda Borough Council shall not communicate, directly
or indirectly, with any party or his representatives in connection
with any issue involved except upon notice an opportunity for all
parties to participate, shall not take notice of any communication,
reports, staff memoranda, or other materials, except advice from their
solicitor, unless parties are afforded an opportunity to contest the
material so noticed and shall not inspect the site or its surrounds
after the commencement of hearings with any party or his representative
unless all parties are given an opportunity to be present.
(10)
The Towanda Borough Council shall conduct the hearing or the
Towanda Borough Council may appoint any member or an independent attorney
as a hearing officer. The decision, or where there is no decisions,
the findings shall be made by the Towanda Borough Council. However,
the appellant or the applicant, as the case may be, in addition to
the Towanda Borough Council may prior to the decision of the hearing,
waive decision or findings by the Towanda Borough Council and accept
the decision or findings of the hearing officer as final.
G.
Criteria for conditional uses. The Council shall, in making decisions
on each application for a conditional use, consider the following
general criteria, in addition to the special criteria established
elsewhere in this chapter:
(1)
The purpose of the zone in which the requested conditional use
is to be located and the compatibility of the requested conditional
use with existing and potential land uses on adjacent tracts of ground;
(2)
Whether the specific site is an appropriate location for the
use, structure or condition;
(3)
Whether the use developed will adversely affect the neighborhood;
(4)
Whether the use will create undue nuisance or serious hazard
to vehicles or pedestrians;
(5)
Whether adequate and appropriate facilities and services will
be provided to ensure the proper operations of the proposed use;
(6)
The economic, noise, glare or odor effects of the conditional
use on adjoining properties and properties generally in the district;
and
(7)
Whether satisfactory provision and arrangement has been made
concerning the following:
(a)
Ingress and egress to the property and structure thereon with
particular reference to automotive and pedestrian safety and convenience,
traffic flow, control and access in case of fire or other emergency;
(b)
Off-street parking and loading areas;
(c)
Waste collection, storage and disposal;
(d)
Utilities, with reference to location, availability and compatibility;
(e)
Screening and buffering with reference to type and erosion control
measures;
(f)
Signs, if any, and proposed exterior lighting with reference
to glare, traffic safety, economic effect and compatibility and harmony
with properties in the district; and
(g)
Required yards and open spaces.
H.
Decisions.
(1)
The Council shall render a decision or, when no decision is
called for; make written findings on the conditional use application
within 45 days after their last hearing on the proposal. Where the
application is contested or denied, each decision shall be accompanied
by findings of facts or conclusions based thereon, together with any
reasons therefore. Conclusions based on any provisions of the Pennsylvania
Municipalities Planning Code, this chapter, or other ordinance, rule
or regulation shall contain a reference to the provision relied upon
and the reasons why the conclusion is deemed appropriate in light
of the facts found. A copy of the final decision or, where no decision
is called for, the findings shall be delivered to the applicant personally
or mailed to him no later than the day following its date.[1]
[1]
Editor's Note: Former Subsection H(2), regarding time limit
for review of oil and gas operations, and which immediately followed
this subsection, was repealed 11-1-2021 by Ord. No. 2021-4.
I.
Appeals. Nothing in this section shall prejudice the right of any
party opposing the application to appeal the decision to a court of
competent jurisdiction.
