A.
Administration.
(1)
Codes Compliance Officer. The provisions of this chapter shall
be enforced by an agent to be appointed by the Borough Council, who
shall be known as the "Codes Compliance Officer." The Codes Compliance
Officer shall meet qualifications established by Borough Council and
shall be able to demonstrate to the satisfaction of the Borough Council
a working knowledge of municipal zoning. The Codes Compliance 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. The Codes
Compliance Officer shall be appointed at the first meeting of the
Borough Council in January to serve until the first day of January
next following and shall thereafter be appointed annually to serve
for a term of one year and/or until his successor is appointed. The
Codes Compliance Officer may succeed himself. He/she shall receive
such fees or compensation as the Borough Council may, by resolution,
provide. The Codes Compliance Officer shall not hold any elective
office within the Borough. The Codes Compliance Officer may designate
an employee of the Borough as his Deputy, subject to the approval
of the Borough Council, who shall exercise all the powers of the Codes
Compliance Officer during the temporary absence or disability of the
Codes Compliance Officer.
(2)
Duties. The duties of the Codes Compliance Officer shall be:
(a)
To receive, examine and process all applications as provided
by the terms of this chapter.
(b)
To record and file all applications for permits or certificates
of use and occupancy, and accompanying plans and documents, and keep
them for public record.
(c)
To inspect properties to determine compliance with all provisions
of this chapter, as well as conditions attached to the approval of
variances, special exceptions, conditional uses and curative amendments.
He/she shall have the right to enter upon private land at any reasonable
hour in order to gain permission to enter any building or structure
or other lands in the course of his/her duty.
(d)
To keep a record of all properties which have been determined
to be nonconforming uses and structures, together with the reasons
why he/she has identified them as nonconformities, as a public record
and to examine them periodically to determine the current status.
The record shall be modified upon such date that the property becomes
in compliance with the provisions of this chapter.
(e)
Upon the request of the Borough Council or the Zoning Hearing
Board, present to such bodies facts, records and any similar information
on specific requests to assist such bodies in reaching their decisions.
(f)
Keep an official record of all business and activities, including
complaints of a violation of any of the provisions of this chapter
and the subsequent action taken on each such complaint. All such records
shall be open to public inspection. File copies of all applications
received, permits issued, and reports and inspections made in connection
with any structure, building, sign and/or land shall be retained as
long as the structures, etc., remain in existence.
(g)
Issue certificates of use and occupancy and stop orders in accordance
with the terms of this chapter.
(h)
To be responsible for keeping this chapter and the Official
Zoning Map up-to-date, including any amendments thereto.
B.
Enforcement. This chapter shall be enforced by the Codes Compliance
Officer of the Borough. No permit or certificate of use and occupancy
shall be granted by him/her for any purpose except in compliance with
the literal provisions of this chapter. The Codes Compliance Officer
may be authorized by Borough Council to institute civil enforcement
proceedings as a means of enforcement when acting within his/her scope
of employment.
C.
Violations.
(1)
Failure to secure a permit prior to a change in use of land
or structure, or the demolition, erection, construction or alteration
of any structure or portion thereof, shall be a violation of this
chapter. It shall also be a violation of this chapter to undertake
other deliberate actions which are contrary to the terms of the chapter
and any conditions placed upon the approval of special exceptions,
variances and conditional uses. Each day that a violation is continued
shall constitute a separate offense.
(2)
If it appears to the Borough that a violation of this chapter
enacted under the Act or prior enabling laws has occurred, the Borough
shall initiate enforcement proceedings by sending an enforcement notice,
as provided in the following:
(a)
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.
(b)
An enforcement notice shall state at least the following:
[1]
The name of the owner of record and any other person 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
which have not been met, citing in each instance the applicable provisions
of the chapter.
[4]
The date before which the steps for compliance must be commenced
and the date before which the steps must be completed.
[5]
That the recipient of the notice has the right to appeal to
the Zoning Hearing Board within a prescribed period of time in accordance
with procedures set forth in the 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.
D.
Enforcement remedies. Any person, partnership or corporation who
or which has violated or permitted the violation of the provisions
of this chapter enacted under the Act or prior enabling laws 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's fees, incurred by
the Borough as a result thereof. No judgment shall commence or be
imposed, levied or be payable until the date of the determination
of a violation by the Magisterial District Judge. If the defendant
neither pays nor timely appeals the judgment, the Borough may enforce
the judgment pursuant to the applicable rules of civil procedure.
Each day that a violation continues shall constitute a separate violation,
unless the 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 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 Magisterial
District Judge, and thereafter each day that a violation continues
shall constitute a separate violation. All judgments, costs and reasonable
attorney's fees collected for the violation of this chapter shall
be paid over to the Borough.
E.
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 ordinance
enacted under the Act or prior enabling laws, the Borough Council
or, with the approval of the Borough 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 Borough Council. No such action may be maintained until such notice
has been given.
A.
General requirements for zoning permits. No building, structure or
sign shall be erected, constructed, extended, replaced, demolished,
converted, moved, added to or structurally altered, nor shall land,
buildings and structures be put to any use or have the use for which
they are used changed without a zoning permit therefor issued by the
Codes Compliance Officer. No such permit shall be issued except in
conformity with the provisions of this chapter or upon written order
from the Zoning Hearing Board in the form of a special exception or
variance, or as otherwise provided for by this chapter, any applicable
laws, or any court of competent jurisdiction.
B.
Application procedures. The application for a zoning permit shall
be submitted to the Codes Compliance Officer in writing on a form
prescribed by the Codes Compliance Officer. The application shall
be submitted by the owner or lessee of any building, structure or
land or the agent of either; provided, however, that if the application
is made by a person other than the owner or lessee, it shall be accompanied
by a written authorization from the owner or lessee authorizing the
work and designating the agent. The full names and addresses of the
owner, lessee, applicant and of the responsible officers, if the owner
or lessee is a corporate body, shall be stated in the application.
The application shall be accompanied by two sets of the following
information:
(1)
A map of the lot in question drawn to scale, indicating the
lot size and showing all dimensions of lot lines and the exact location(s)
on the lot of all existing and proposed buildings, fences, signs,
structures and alterations to buildings or structures.
(2)
The use, height, length, width and proportion of the total lot
area covered of all proposed and existing buildings, structures, signs
and additions or alterations to buildings, structures and signs.
(3)
A statement indicating the number of dwelling units and/or commercial
establishments to be accommodated within existing and proposed buildings
on the lot. In the case of apartment buildings, a breakdown of units
by number of bedrooms shall be given.
(4)
The number, location, dimensions and design of parking and loading
areas, recreation areas, signs, buffer yards and landscaping, means
of egress from and ingress to the lot, routes for pedestrian and vehicular
traffic and outdoor lighting.
(5)
A copy of the deed for the property in question, including all
deed restrictions applicable to the property.
(6)
All other information necessary for the Codes Compliance Officer
to determine conformance with and provide for enforcement of this
chapter.
(7)
Information demonstrating compliance with the Pennsylvania Department
of Labor and Industry or, as an alternative, information that confirms
the lack of need for Department of Labor and Industry approval.
C.
Approval or disapproval. Upon receipt of the application and all
accompanying information, the Codes Compliance Officer shall examine
same to determine compliance with this chapter and all other Borough
ordinances and/or state requirements. The Codes Compliance Officer
may call upon other Borough staff and/or Borough-appointed consultants
in the review of submitted materials for applications. Within 90 days
from the day he receives the application, the Codes Compliance Officer
shall either approve or disapprove the application and return one
copy of the application and accompanying information containing the
Codes Compliance Officer's decision and signature to the applicant.
The other copy shall be retained by the Codes Compliance Officer.
If disapproved, the Codes Compliance Officer shall attach a statement
to the application explaining the reasons therefor and informing the
applicant of his rights to appeal. An applicant whose request for
a permit has been denied by the Codes Compliance Officer may make
a later application for a permit, provided all deficiencies which
were the basis for the prior denial of the permit have been eliminated.
The Codes Compliance Officer shall not be required to make a new inspection
of the application if this condition is not met.
D.
Issuance and posting of permit. Upon approval of the application
by the Codes Compliance Officer and the payment of the fees established
from time to time by resolution of the Borough Council, the Codes
Compliance Officer shall issue a zoning permit placard, which shall
be visibly posted on the site of operations during the entire time
of construction. The permit shall expire one year from the date of
approval of the application by the Codes Compliance Officer; provided
that it may be extended, at the discretion of the Codes Compliance
Officer, for six-month periods not exceeding a total of two years.
E.
Rights of permit holders. The permit shall be a license to proceed
with the work described on the approved application in accordance
with all Borough ordinances. The Codes Compliance Officer shall revoke
a permit or approval issued under the provisions of this chapter in
case of any false statement or misrepresentation of fact in the application
on which the permit or approval was based or for any other cause set
forth in this chapter.
A.
Requirements. It shall be unlawful to use and/or occupy any building,
structure or land or portion thereof for which a zoning permit is
required until a certificate of use and occupancy has been issued
by the Codes Compliance Officer. The Codes Compliance Officer shall
not issue a certificate of use and occupancy unless he has inspected
such building, structure or land and has determined that all provisions
of this chapter and other rules, regulations and ordinances of the
Borough have been complied with.
B.
Issuance. Upon the receipt of written notification that the work
for which a zoning permit has been issued has been completed, the
Codes Compliance Officer shall inspect the premises within 14 days
to determine that the work has been performed in accordance with the
approved application and other ordinances of the Borough. If he/she
is satisfied that the work has been completed in accordance with the
approved application, he/she shall issue a certificate of use and
occupancy to the permit holder for the use indicated on the approved
application. A copy of the certificate of use and occupancy shall
be retained by the Codes Compliance Officer as part of the Borough
records. If he finds that the work has not been performed in accordance
with the approved application, the Codes Compliance Officer shall
refuse to issue the certificate of use and occupancy and, in writing,
give the reasons therefor and inform the permit holder of his rights
of appeal.
C.
Temporary certificate of use and occupancy.
(1)
Upon request of the holder of a permit, the Codes Compliance
Officer may issue a temporary certificate of use and occupancy for
a building, structure, sign and/or land or portion thereof before
the entire work covered by the permit shall have been completed. Such
portion or portions may be used and/or occupied prior to full completion
of the work, provided life and/or the public health, safety, morals
and general welfare of the Borough and its citizens are not endangered.
(2)
The Codes Compliance Officer shall also issue a temporary certificate
of use and occupancy for such temporary uses as tents, trailers and
buildings on construction sites, use of land for religious and other
public and semipublic purposes, or other temporary use and/or occupancy
upon order of the Borough Council. Such temporary certificates shall
be for the period of time to be determined by the Borough Council,
but in no case shall any certificates be issued for more than six
months.
A.
A stop order shall be issued in the following instances:
(1)
If activities regulated by this chapter are undertaken without
a zoning permit or certificate of use and occupancy being granted
by the Borough.
(2)
If an activity undertaken under a zoning permit deviates from
the application either during or after completion of the work.
(3)
If a use is conducted in a way which is in violation of the
use requirements, area, yard and height regulations, performance standards
or general regulations of this chapter.
(4)
If an activity permitted by special exception, conditional use,
or variance is not conducted in accordance with the terms of the granting
of the special exception, conditional use or variance.
B.
Notice to owner. A stop order shall be issued by the Codes Compliance
Officer and delivered to the owner of any property or his agent. Delivery
shall be construed to include certified mail or posting on the property.
C.
Contents. The stop order shall be in writing and state the nature
of the violation and under which conditions work or use may continue.
A reasonable period of time may be permitted to allow for the required
corrections.
D.
Unlawful continuance. Any person who shall continue in violation
of any stop order shall be in violation of this chapter and subject
to the penalties provided within this chapter.
A.
The Borough Council shall establish, by resolution, a schedule of
fees and charges for requests for zoning permits, certificates of
use and occupancy, special exceptions, conditional uses, variances,
amendments to this chapter and other matters pertaining to this chapter.
A collection procedure shall also be established.
B.
The schedule of fees shall be available for inspection in the office
of the Codes Compliance Officer and may be altered or amended by the
Borough Council by resolution.
C.
Until all application fees and charges have been paid in full, no
action shall be taken on any application or appeal.
[Amended 1-30-1996 by Ord. No. 539]
A.
Power of amendment. The Borough Council may, from time to time, amend,
supplement, change or repeal this chapter, including the Official
Zoning Map. Any amendment, supplement, change or repeal may be initiated
by the Borough Planning Commission, the Borough Council or by a petition
to the Borough Council by an interested party.
B.
Hearing and enactment procedures for zoning amendments.
(1)
Public hearing. Before hearing and enacting Zoning Ordinance
and/or Zoning Map amendments, the Borough Council shall conduct a
public hearing to inform the general public of the nature of the amendment
and to obtain public comment. Such public hearing shall be conducted
after public notice (as defined herein and listed below) has been
given.
(2)
Public notice. Before conducting a public hearing, the Borough
Council shall provide public notice as follows:
(a)
Notice shall be published once each week for two successive
weeks in a newspaper of general circulation in the Borough. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing. Publication
of the proposed amendment shall include either the full text thereof
or the title and brief summary prepared by the Borough Solicitor and
setting forth all the provisions in reasonable detail. If the full
text is not included:
[1]
A copy of the full text shall be supplied to a newspaper of
general circulation in the Borough 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)
For Zoning Map amendments, public notice shall also include
the posting of a sign at conspicuous locations along the perimeter
of the subject property; these sign(s) shall be posted at least one
week prior to the hearing and will exhibit the nature, date, time
and location of the hearing.
(c)
For curative amendments, public notice shall also indicate that
the validity of the chapter and/or map is in question and shall give
the place where and the times when a copy of the request, including
any plans, explanatory material or proposed amendments, may be examined
by the public.
(d)
If after any public hearing held upon an amendment the proposed
amendment is changed substantially or is revised to include land previously
not affected by it, the Borough Council shall hold another public
hearing, pursuant to public notice, before proceeding to vote on the
amendment.
(3)
Enactment notice. In addition to the public notice requirements defined herein, the Borough Council must publish a reference to the time and place of the meeting at which passage of this chapter or amendment will be considered, and a reference to a place within the Borough where copies of the proposed chapter or amendment may be examined without charge, or obtained for a charge not greater than the cost thereof. Enactment notice shall be published at least once in one newspaper of general circulation in the Borough not more than 60 days nor less than seven days prior to passage. The published content of the enactment notice shall be the same as that required for public notice described in the preceding Subsection B(2)(b). In the event substantial amendments are made in the proposed ordinance or amendment, before voting upon enactment the Borough Council shall, at least 10 days prior to enactment, readvertise in one newspaper of general circulation in the Borough a brief summary setting forth all the provisions in reasonable detail, together with a summary of the amendments.
(4)
Borough Planning Commission referrals. For amendments proposed
by parties other than the Borough Planning Commission, the Borough
Council shall submit each amendment at least 30 days prior to public
hearing to the Borough Planning Commission for review and comment.
The Borough Planning Commission shall submit a report of its review,
together with any recommendations, to the Borough Council within 45
days from the date of said referral. The recommendation of the Borough
Planning Commission shall include a specific statement as to whether
or not the proposed amendment is in accordance with the intent of
this chapter and any official adopted Comprehensive Plan of the Borough.
(5)
Lancaster County Planning Commission referrals. All proposed
amendments shall be submitted to the Lancaster County Planning Commission
at least 30 days prior to public hearing on such amendments. The Lancaster
County Planning Commission may submit recommendations to the Borough
Council within 45 days of such referral. The Borough Council cannot
act upon the amendment until it has received a recommendation from
the Lancaster County Planning Commission; however, should the Lancaster
County Planning Commission fail to submit its recommendation within
45 days, the Borough Council may proceed without its recommendation.
(6)
Adjournment of public hearing. If during the public hearing
process the Borough Council needs additional time to understand the
proposal, inform the public, receive public comment and/or render
a decision, it may adjourn the public hearing to a time and place
certain.
(7)
Within 30 days after enactment, a copy of the amendment to this
chapter shall be forwarded to the Lancaster County Planning Commission.
C.
Amendment initiated by the Borough Planning Commission. When an amendment,
supplement, change or repeal is initiated by the Borough Planning
Commission, the proposal shall be presented to the Borough Council,
which shall then proceed in the same manner as with a petition to
the Borough Council which has already been reviewed by the Borough
Planning Commission.
D.
Amendment initiated by the Borough Council. When an amendment, supplement, change or repeal is initiated by the Borough Council, such amendment, supplement, change or repeal shall follow the procedure prescribed for a petition under § 220-121B.
E.
Amendment initiated by a petition from an interested party. A petition for amendment, supplement, change or repeal for a portion of this chapter shall include an accurate legal description and surveyed plan of any land to be rezoned and all of the reasons supporting the petition to be considered. The petition shall also be signed by at least one record owner of the property in question, whose signature shall be notarized attesting to the truth and correctness of all the facts and information presented in the petition. A fee to be established by the Borough Council shall be paid upon the filing of such petition for change and for the purpose of defraying the costs of the proceedings prescribed herein. The Borough Council may require duplicate sets of petition materials. Such amendment shall follow the procedures listed in § 220-121B of this chapter.
F.
Curative amendment by a landowner. A landowner who desires to challenge on substantive grounds the validity of the chapter or the Official Zoning 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 Borough Council (including all of the reasons supporting the request to be considered) with a written request that his challenge and proposed amendment be heard and decided as provided in §§ 609.1 and 916.1 of the Act, as amended. The Borough Council shall commence a hearing thereon within 60 days of the request. The curative amendment shall be referred to the Borough and Lancaster County Planning Commissions, as provided for in § 220-121B, and public notice of the hearing shall be provided as defined herein.
(1)
In reviewing the curative amendment, the Borough Council may
deny the request, accept the request as submitted, or may adopt an
alternative amendment which will cure the challenged defects. The
Borough Council shall consider the curative amendments, plans and
explanatory material submitted by the landowner and shall also consider:
(a)
The impact of the proposal upon roads, sewer facilities, water
supplies, schools and other public service facilities.
(b)
If the proposal is for a residential use, the impact of the
proposal upon regional housing needs and the effectiveness of the
proposal in providing housing units of a type actually available to
and affordable by classes of persons otherwise unlawfully excluded
by the challenged provisions of the chapter or map.
(c)
The suitability of the site for the intensity of use proposed
by the site's soils, slopes, woodland, wetlands, floodplains, aquifers,
natural resources and other natural features.
(d)
The impact of the proposed use on the site's soils, slopes,
woodlands, wetlands, floodplains, natural resources and natural features,
the degree to which these are protected or destroyed, the tolerance
of the resources to development and any adverse environmental impacts.
(e)
The impact of the proposal on the preservation of agriculture
and other land uses which are essential to public health and welfare.
(2)
The Borough Council shall render its decision within 45 days
after the conclusion of the last hearing.
(3)
If the Borough Council fails to act on the landowner's request within the time limits referred to in Subsection F(2), a denial of the request is deemed to have occurred on the 46th day after the close of the last hearing.
(4)
Public notice of the hearing shall include notice that the validity
of the ordinance or map is in question and shall give the place where
and the times when a copy of the request, including any plans, explanatory
material or proposed amendments, may be examined by the public.
(5)
The challenge shall be deemed denied when:
(a)
The Borough Council fails to commence the hearing within 60
days.
(b)
The Borough Council notifies the landowner that it will not
adopt the curative amendment.
(c)
The Borough Council adopts another curative amendment which
is unacceptable to the landowner.
(d)
The Borough Council fails to act on the request 45 days after
the close of the last hearing on the request, unless the time is extended
by mutual consent by the landowner and Borough.
(6)
Where after the effective date of the Act a curative amendment proposal is approved by the grant of a curative amendment application by the Borough Council pursuant to this section or a validity challenge is sustained by the Zoning Hearing Board pursuant to § 220-111B) or the court acts finally on appeal from denial of a curative amendment proposal or a validity challenge, and the proposal or challenge so approved requires a further application for subdivision or land development, the developer shall have two years from the date of such approval to file an application for preliminary or tentative approval for a subdivision, land development or planned residential development. Within the two-year period, no subsequent change or amendment in the zoning, subdivision or other governing chapter or plan shall be applied in any manner which adversely affects the rights of the applicant as granted in the curative amendment or the sustained validity challenge. Upon the filing of the preliminary or tentative plan, the provisions of § 508(4) of the Act shall apply.[1]
[1]
Editor's Note: See 53 P.S. 10508(4).
(7)
Where the proposal appended to the curative amendment application
or the validity challenge is approved but does not require further
application under any subdivision or land development ordinance, the
developer shall have one year within which to file for a building
permit. Within the one-year period, no subsequent change or amendment
in the zoning, subdivision or other governing ordinance or plan shall
be applied in any manner which adversely affects the rights of the
applicant as granted in the curative amendment or the sustained validity
challenge. During these protected periods, the court shall retain
or assume jurisdiction for the purpose of awarding such supplemental
relief as may be necessary.
G.
Curative amendment by the Borough Council.
(1)
The Borough Council, by formal action, may declare this chapter
or portions thereof substantively invalid and propose to prepare a
curative amendment to overcome such invalidity. Within 30 days following
such declaration and proposal, the Borough Council shall:
(2)
Within 180 days from the date of the declaration and proposal,
the Borough Council shall enact a curative amendment to validate or
reaffirm the validity of this chapter pursuant to the provisions required
by § 609 of the Act[2] in order to cure the declared invalidity of the chapter.
[2]
Editor's Note: See 53 P.S. 10609.
(3)
Upon the date of the declaration and proposal, the Borough Council shall not be required to entertain or consider any curative amendment filed by a landowner. Nor shall the Zoning Hearing Board be required to give a report, upon request, for a challenge to the validity of the chapter under § 220-111A subsequent to the declaration and proposal based upon the grounds identical to or substantially similar to those specified in the resolution required by this section. Upon the enactment of a curative amendment to or the reaffirmation of the validity of this chapter, no rights to a cure by amendment or challenge shall, from the date of the declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of the unamended Zoning Ordinance for which the Borough Council proposes to prepare a curative amendment.
(4)
The Borough Council, having utilized the procedures as set forth
in this section, may not again utilize said procedures for a thirty-six-month
period following the date of the enactment of a curative amendment
or reaffirmation of the validity of the chapter; provided, however,
that if after the date of declaration and proposal there is a substantially
new duty or obligation imposed upon the Borough by virtue of a Pennsylvania
appellate court decision, the Borough Council may utilize the provisions
of this section to prepare a curative amendment to the chapter to
fulfill this duty or obligation.
H.
Authentication of Official Zoning Map. Whenever there has been a
change in the boundary of a zone or a reclassification of the zone
adopted in accordance with the above, the change on the Official Zoning
Map shall be made and shall be duly certified by the Borough Secretary
and shall thereafter be refiled as part of the permanent records of
the Borough.
[Amended 1-30-1996 by Ord. No. 539]
A.
Filing of conditional use. For any use permitted by conditional use,
a conditional use must be obtained from the Borough Council. In addition
to the information required on the building permit application, the
conditional use application must show:
(1)
Ground floor plans and elevations of proposed structures.
(2)
Names and addresses of adjoining property owners, including
properties directly across a public right-of-way.
(3)
A scaled drawing (site plan) of the site with sufficient detail
and accuracy to demonstrate compliance with all applicable provisions
of this chapter.
(4)
A written description of the proposed use in sufficient detail
to demonstrate compliance with all applicable provisions of this chapter.
B.
General standards for Borough Council review of conditional use applications.
In the consideration of a conditional use application, each the applicant
must shall demonstrate to Borough Council, by credible evidence, compliance
with the following:
[Amended 7-12-2011 by Ord. No. 622]
(1)
That the proposed use shall comply with those criteria specifically
attached to it. In addition, the proposed use must comply with all
other applicable regulations. Applicant shall provide the Borough
Council sufficient plans, studies or other data to demonstrate compliance
with all applicable regulations.
(2)
The suitability of the property for the use desired and that
the proposed use is consistent with the spirit, purpose and intent
of the Zoning Ordinance, the Comprehensive Plan, and other relevant
plans adopted by the Borough Council.
(3)
That the proposed use will not substantially injure or detract
from the use of neighboring property or from the character of the
neighborhood, and that the use of the adjacent property is adequately
safeguarded.
(4)
Adequate public facilities are available to serve the proposed
use, including, but not limited to, public water, sewers, other utilities,
police and fire protection, parks, recreation and public schools,
and that there is no substantial adverse effect on these public facilities.
(5)
That the proposed use will not have a substantial adverse effect
on the congestion of streets and highways or upon traffic levels of
service or any hazards arising therefrom. The Borough Council may
require the applicant to submit a traffic study, prepared by a qualified
traffic engineer, to satisfy this requirement. The Traffic Report
should contain the probable effects upon traffic and pedestrian movements
and assure adequate access and circulation arrangements in order to
protect major roads from undue congestion and hazard.[1]
(6)
That the proposed conditional use shall be in and of itself
properly designed with regard to internal vehicular and pedestrian
circulation, parking, buffering, and all other elements of proper
design as specified in the Zoning Ordinance and any other governing
law or regulation, study, review and recommendation by sound standards
of zoning and land development practice, where applicable.
(7)
That the proposed use shall be in the best interest of the Borough
and for the convenience of the community and shall not adversely affect
the general welfare of the community.
C.
Conditions. The Borough Council, in approving conditional use applications,
may attach conditions considered necessary to protect the public welfare
and the purposes listed above, including conditions which are more
restrictive than those established for other uses in the same zone.
These conditions shall be enforceable by the Codes Compliance Officer,
and failure to comply with such conditions shall constitute a violation
of this chapter and be subject to the penalties described in this
article.
D.
Site plan approval. Any site plan presented in support of the conditional use pursuant to § 220-122A shall become an official part of the record for said conditional use. Approval of any conditional use will also bind the use in accordance with the submitted site plan; therefore, should a change in the site plan be required as part of the approval of the use, the applicant shall revise the site plan prior to the issuance of a building permit. Any subsequent change to the use on the subject property not reflected on the originally approved site plan shall require the obtainment of another conditional use approval.
E.
Hearing procedures.
(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 Borough
Planning Commission to provide the Borough Planning Commission with
an opportunity to submit recommendations.
(2)
Public notice, as defined herein, and written notice shall be
given to the applicant, the Codes Compliance Officer, such other persons
as the Borough Council shall designate by ordinance, and to any person
who has made timely request 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 provision, by rules of the Borough
Council.
(3)
The Borough Council may prescribe reasonable fees with respect
to hearings.
(4)
The parties to the hearing shall be the Borough, any person
affected by the application who has made timely appearance of record
before the Borough Council, and any other person, including civic
or community organizations, permitted to appear by the Borough Council.
The Borough Council shall have power to require that all persons who
wish to be considered parties enter appearances in writing on forms
provided by the Borough Council for that purpose.
(5)
The President or Acting President of the Borough Council shall
have power to administer oaths and issue subpoenas to compel the attendance
of witnesses and the production of relevant documents and papers,
including witnesses and documents requested by the parties.
(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 Borough Council may keep a stenographic record of the proceedings.
The appearance fee for a stenographer shall be paid by the applicant.
The cost of the original transcript shall be paid by the Borough Council
if the transcript is ordered by the Borough Council, or shall be paid
by the person appealing the decision of the 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.
F.
Time limitation.
(1)
If a conditional use is granted, the necessary permit shall
be secured within six months. Then the applicant shall commence construction
or some other authorized action within six months of permit issuance.
All construction or other authorized actions shall be completed within
12 months of permit issuance; however, the Board may, upon written
application for good cause, grant an additional six-month extension
from the date of permit issuance.
(2)
Should the appellant or applicant fail to obtain the necessary
permits within said six-month period or having obtained the permit
should he fail to commence work thereunder within such six-month period,
it shall be conclusively presumed that the appellant or applicant
has waived, withdrawn or abandoned his application, and all approvals
and permits granted to him shall be deemed automatically rescinded
by the Borough Council.
(3)
Should the appellant commence construction or alteration within
said six-month period but should he fail to complete such construction
or alteration within said twelve-month period, the Borough Council
may, upon 10 days' notice, in writing, rescind or revoke the granted
conditional use if the Borough Council finds that no good cause appears
for the failure to complete within such twelve-month period and if
the Borough Council further finds that conditions have so altered
or changed in the interval since the granting of the conditional use
that revocation or rescission of the action is justified.[2]
