This chapter shall be known and cited as the
"Borough of East Stroudsburg Zoning Chapter."
A.
This chapter is hereby adopted in accordance with
the requirements of the Pennsylvania Municipalities Planning Code,
Act 247 of 1969, as amended by Act 170 of 1988,[1] and in conformity with the objectives of East Stroudsburg
Borough's Comprehensive Plan.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
B.
The provisions of this chapter are designed:
(1)
To promote, protect and facilitate one or more of
the following: the public health, safety, morals and general welfare;
coordinated and practical community development; proper density of
population; civil defense; disaster evacuation; airports and national
defense facilities; the provisions of adequate light and air; police
protection; vehicle parking and loading space; transportation; water;
sewage; schools; public grounds; and other public requirements; as
well as
(2)
To prevent one or more of the following: overcrowding
of land; blight; danger and congestion in travel and transportation;
and loss of health, life or property from fire, flood, panic or other
dangers.
C.
This Zoning Chapter has been made in accordance with
an overall program and with consideration for the character of the
municipality and its various parts and the suitability of the various
parts for particular uses and structures.
This chapter is hereby enacted to implement
the goals and objectives as contained in East Stroudsburg Borough's
Comprehensive Plan. Such goals and objectives are incorporated herein
by reference.
Except as otherwise specified, the words in
this chapter carry the following meanings:
A.
Words in the singular include the plural, and words
in the plural include the singular.
B.
Words in the present tense include the future.
C.
The word "person" includes an individual, corporation,
partnership, incorporated association or other similar entity.
D.
The word "lot" includes the word "plot" or "parcel."
E.
The terms "shall" and "will" are always mandatory.
F.
The word "used" or "occupied," as applied to any land
or building, shall be construed to include the words "intended, arranged
or designed to be used or occupied."
G.
The term "Council" shall always mean the Borough Council
of the Borough of East Stroudsburg.
H.
The term "Board" shall always mean the Zoning Hearing
Board of the Borough of East Stroudsburg.
I.
The term "Commission" shall always mean the Planning
Commission of the Borough of East Stroudsburg.
J.
Words not defined in this chapter shall have their
meaning as defined in the New Illustrated Book of Development Definitions,
third printing, 1997.
[Added 12-16-1997 by Ord. No. 1066,
approved 12-16-1997; amended 10-5-1999 by Ord. No. 1092, approved 10-5-1999]
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. The Zoning Officer shall be appointed
by the Borough Council and may not hold any elective office in the
Borough. The Zoning Officer shall have the following duties and powers:
A.
To receive and examine all applications required by
this chapter and to issue or refuse permits, in writing, within 30
days of receipt of the application. Said application shall be complete,
and fees shall be paid in accordance with the fee schedule as set
forth by the Borough Council. The zoning permit is hereby incorporated
by reference. Incomplete applications will be returned to the applicant.
B.
To receive and examine requests for variances, appeals,
special exceptions, conditional uses or other permit applications
relating to zoning matters. Complete applications shall be referred
to the appropriate agency for the next regularly scheduled meeting,
provided that said application is submitted at least 30 days before
said meeting. Incomplete applications will be returned to the applicant.
Conditional uses shall be forwarded to the Borough Council. Parking
lot site plans shall be forwarded to the Planning Commission. Variances,
appeals and special exceptions shall be forwarded to the Zoning Hearing
Board.
C.
Enforcement notice. If it appears that a violation
of the Zoning Chapter has occurred, the Zoning Officer shall send
to the owner of record of the parcel on which the violation has occurred
an enforcement notice. This notice shall also be sent to any person
who has filed a written request. Said notice shall be served personally
to the responsible owner, occupant, operator or responsible person
in charge; or shall be served by registered or certified mail with
a return receipt requested; or, where such responsible person in charge
cannot be found, service may be made by posting a notice in or about
the structure or premises or by publishing such notice in a newspaper
of general circulation for a period of three consecutive days; or
shall be served by any other method authorized under the laws of the
Commonwealth of Pennsylvania. The notice shall include:
(1)
The names of the owner of record, the responsible
person in charge and any other person against whom the municipality
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.
To identify and register nonconforming uses and nonconforming
structures upon approval of the Zoning Hearing Board.
E.
To keep records of applications, permits or certifications
issued, variances granted, inspections made, reports rendered and
notices or orders issued.
F.
To have the power to institute civil enforcement proceedings
as a means of enforcement.
A.
Any person, partnership or corporation who or which
has violated or permitted the violation of the provisions of this
Zoning Chapter enacted under the MPC 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's 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 District Justice. 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 District Justice determining that there has been a violation
further determines that there was a good-faith basis for the person
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 District Justice, 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 the
Zoning Chapter shall be paid over to the Borough whose chapter has
been violated.
B.
The Court of Common Pleas, upon petition, may grant
an order to stay, upon cause shown, tolling the per diem fine pending
a final adjudication of the violation and judgment
Where any building, structure or land is or
is proposed to be erected, constructed, reconstructed, altered, converted,
maintained or used in violation of this Zoning Chapter or any duly
enacted amendment hereof, the Mayor, the Council, the District Attorney
of Monroe County or any owner of real estate within the Borough may,
in addition to other remedies provided by law, institute an appropriate
action or proceeding to prevent, restrain, correct or abate such building,
structure or land or to prevent, in or about such premises, any act,
conduct, business or use constituting a violation.
Whenever a violation of this Zoning Chapter
occurs, any person may file, in writing, a complaint in regard thereto
with the Zoning Officer, who shall record such complaint, immediately
investigate the complaint and make a written report thereof to the
Borough Manager.
A.
All appeals where it is alleged that the Zoning Officer
has made an error shall be filed directly with the Zoning Officer.
Such appeals shall be in writing and shall explain fully the facts
and parties in the case and shall clearly state the reasons or provisions
of the chapter on which the appeal is based. An appellant shall have
30 days from the Zoning Officer's alleged error in decision in which
to make an appeal. The Zoning Hearing Board shall review all appeals
and render a decision.
B.
In addition, no person shall be allowed to file any
proceeding with the Board later than 30 days after an application
for development, preliminary or final, has been approved by an appropriate
Borough officer, agency or body if such proceeding is designed to
secure reversal or to limit the approval in any manner, unless such
person alleges and proves that he had no notice, knowledge or reason
to believe that such approval had been given.
In interpreting and applying the provisions
of this Zoning Chapter, they shall be held to be the minimum requirements
for the promotion of the health, safety, morals and general welfare
of the Borough and its residents. It is not intended by this Zoning
Chapter to interfere with, abrogate or annul any rules or regulations
previously adopted or permits previously issued by the Borough which
are not in conflict with any provisions of this Zoning Chapter; nor
is it intended by this Zoning Chapter to interfere with, abrogate
or annul any easements, covenants, building restrictions or other
agreements between parties. Whenever the provisions of any other statute
require a greater width or size of yards, courts or other open spaces
or a greater percentage of lot to be left unoccupied or impose other
higher standards than are required by the Zoning Chapter and the regulations
made under authority of this Zoning Chapter, the provisions of such
statute shall govern.
The provisions of this Zoning Chapter are separable;
and if any provision shall be held by a court of competent jurisdiction
to be invalid or unconstitutional, such invalidity or unconstitutionality
shall not affect the validity or constitutionality of any other provision.
All applications for zoning permits for permitted
uses, for special exceptions, for building and occupancy permits,
for certificates of nonconforming uses or structures, for variances
and for interpretations of any fact or provision of this chapter shall
be made directly to the Zoning Officer. Such applications shall be
in writing and shall include a plot plan, drawn to scale, showing
the location and dimensions of the lot area and of the proposed uses
of buildings and/or land. The Zoning Officer, the Zoning Hearing Board
or the Planning Commission may require any additional information
deemed necessary to properly evaluate the application for the purpose
of determining the conformity with this chapter.
The purpose of the zoning permit is to determine
compliance with the provisions of this chapter, and no person shall
erect, alter or convert any structure, building or part thereof, nor
alter the use of any land, subsequent to the adoption of this chapter,
until a zoning permit has been issued by the Zoning Officer. Zoning
permits shall be issued in triplicate, and one copy shall be kept
conspicuously on the premises, and no person shall perform building
operations of any kind unless a zoning permit is being displayed as
required by this chapter.
A.
Permitted uses. A zoning permit for a permitted use
may be issued by the Zoning Officer on his authority.
B.
Special exceptions. A zoning permit for a special
exception may be issued by the Zoning Officer only upon the order
of the Board after a hearing following a review by the Planning Commission.
C.
Conditional uses. A zoning permit for a conditional
use may be issued by the Zoning Officer only upon the order of the
Borough Council.
The purpose of an occupancy permit is to certify
that the premises comply with the provisions of this chapter and may
be used for the purposes set forth in the occupancy permit. Prior
to the use or occupancy of any land or building, or for any change
of use of any existing building or for any change of use of land,
an occupancy permit shall be secured from the Zoning Officer. A copy
of the occupancy permit shall be kept upon the premises and shall
be displayed upon request made by any officer of the municipality.
All applications for occupancy permits shall be in writing on forms
to be furnished by the Zoning Officer.
A.
Temporary certificate of occupancy. If, in the opinion
of the Zoning/Code Inspector, the project is complete to a point where
no immediate danger exists, a temporary certificate of occupancy can
be issued. The temporary certificate of occupancy shall expire at
the end of 12 months. In no case shall a certificate of occupancy
be issued where the endangering of life and/or public welfare exists.
B.
Final occupancy permit. A final occupancy permit can
only be issued when, upon the determination of the Zoning Officer,
the applicant shall have completed his project according to the approved
site plan in all respects, including but not limited to landscaping,
lighting, stormwater, striping of parking lot and other special conditions
placed upon the applicant by the Zoning Officer, Planning Commission,
Zoning Hearing Board and Borough Council.
The municipality may require additional permits
specified in other related ordinances and laws.
A.
The owner of the premises occupied by a lawful nonconforming use
or structure shall secure a certificate of nonconformance from the
Zoning Officer. Such certificate shall be for the purpose of certifying
to the owner his right to continue such nonconforming use or structure.
Note: Any existing use or structure unregistered as a nonconforming
use or structure and where no record exists of zoning permit approval
shall be considered a violation under this chapter until said use
or structure is registered as a legal nonconforming use or structure.
Proof that said use or structure existed prior to the adoption of
the Zoning Chapter or amendments thereto shall be the responsibility
of the owner. Failure by the Zoning Officer to identify and register
a nonconforming use or structure is not to be construed as recognition
that a use or structure is in conformance with this chapter.
[Amended 5-19-2015 by Ord. No. 1299, approved 5-19-2015]
B.
In the determination of nonconforming uses, structures,
lots and any other requirements that are nonconforming under this
chapter, reference shall be made to the original Zoning Document Chapter
No. 552, February 5, 1963. This zoning document and subsequent amendments
and additional documents shall be referred to in the determination
of any nonconforming uses, structures, lots and any other requirements
that are nonconforming under this chapter.
Zoning permits issued after the effective date
of this chapter with respect to construction and use of a property
shall expire six months after the date of issuance, unless construction
work is begun prior thereto and is carried on to completion without
voluntary interruption. In no case shall the completion of a project
or phase take more than 12 months unless a time extension has been
properly approved by the Zoning Hearing Board. Time extension requests
shall be limited to a maximum period of 12 months. Time extension
or continuation requests shall be reviewed by the Zoning Hearing Board
at a fee prescribed and set by the Borough Council. Failure to comply
with this requirement constitutes a violation of this chapter.
A.
Permitted use.
[Added 9-20-2022 by Ord.
No. 1388, approved 9-20-2022]
(1)
Zoning permits for a permitted use involving construction, alterations, additions or reducations to buildings and/or land shall expire two years from the date of issuance. If the permitted use permit is issued pursuant to a land development application through Chapter 140 of the Code of the Borough of East Stroudsburg, then the term of the permitted use permit shall be five years or as specified in the land development approval for the permitted use.
(2)
If a zoning permit is appealed or if the construction, alteration,
or use is delayed by governmental action or inaction or by issues
or actions of others outside the control of the applicant and/or permit
holder, the initial term of the permit may be extended after approval
by the Zoning Hearing Board. The Zoning Hearing Board approval shall
be made before the expiration of the initial permit term; otherwise
the permit shall expire.
(3)
Zoning permits for a permitted use which do not involve construction shall be valid as long as the use remains in conformance with Chapter 157 of the Code of Ordinances of the Borough of East Stroudsburg and a certificate of occupancy has been granted and unless the use is or has been voluntarily discontinued for one year.
B.
Conditional use.
[Added 9-20-2022 by Ord.
No. 1388, approved 9-20-2022]
(1)
Zoning permits for a conditional use involving construction, alterations,
expansions or reductions in buildings and/or on land shall be issued
by the Zoning Officer after approval by Borough Council. The Zoning
Officer shall issue the permit on the order of Council, when all the
conditions pursuant to the conditional use approval for issuance of
the zoning permit shall have been met.
(2)
The conditional use zoning permit shall expire five years after the
issue date. All work, construction and conditions of the approval
shall have been completed and a certificate of occupancy issued prior
to the permit expiration date, unless the time period of the conditional
use approval has been extended per this subsection.
(3)
An extension of the conditional use approval and the conditional
use zoning permit may be approved by a Borough Council resolution
after a hearing. An application shall be submitted at least one year
prior to expiration of the original conditional use permit. Such application
shall state the reasons for an extension and provide a timeline with
milestones for completion of the work. Extensions shall be discretionary
and not obligatory.
(4)
If a conditional use approval or permit or the construction, alteration
or use is delayed by governmental action or inaction or by issues
or actions of others outside the control of the applicant or permit
holder, a resolution of Council may extend the initial term of the
approval and or permit after a hearing. The application for an extension
shall be made at least one year before the original permit expiration.
(5)
Conditional use zoning permits which do not involve construction shall be valid as long as all the conditions of the approval remain in force and the use is in conformance with Chapter 157 of the Code of Ordinances of the Borough of East Stroudsburg and a certificate of occupancy has been issued and the use is not or has not been voluntarily abandoned for one year.
C.
Special exception use.
[Added 9-20-2022 by Ord.
No. 1388, approved 9-20-2022]
(1)
Zoning permits for special exceptions shall be issued by the Zoning Officer upon approval of the Zoning Hearing Board and compliance with the special exception approval issued by the Zoning Hearing Board. Special exception zoning permits shall expire five years after the issue date. If the special exception permit is issued pursuant to a land development application through Chapter 140 of the Code of the Borough of East Stroudsburg, then the term of the special exception permit shall be either five years or as specified in the land development approval. All work, construction, and conditions of the special exception Zoning Hearing Board approval shall have been completed and a certificate of occupancy issued prior to the special exception permit expiration date, unless an extension is granted by the Zoning Hearing Board before the expiration date of the permit. The Zoning Hearing Board may grant, but is not obligated to grant, an extension. An extension must be granted before the expiration of the special exception permit.
(2)
Special exception permits which do not involve construction shall be valid as long as all the conditions of the special exception Zoning Hearing Board approval remain in force and the use is in conformance with Chapter 157 of the Code of Ordinances of the Borough of East Stroudsburg and a certificate of occupancy has been issued and the use is not or has not been voluntarily abandoned for more than one year.
A.
Pursuant to Article IX of Act 247 of 1969, as amended
by Act 170 of 1988, known as the "Municipalities Planning Code,"[1] a Zoning and Hearing Board is hereby established, the
membership of which shall consist of five residents of the municipality
appointed by the governing body.
[1]
Editor's Note: See 53 P.S. § 10901
et seq.
B.
The terms of office of a five-member Board shall be
five years and shall be so fixed that the term of office of one member
of a five-member Board shall expire each year.
C.
The Board shall promptly notify the governing body
of any vacancies which occur. Appointments to fill vacancies shall
be only for the unexpired portion of the term. Members of the Board
shall hold no other office in the municipality.
D.
The governing body may appoint by resolution at least
one but no more than three residents of the municipality to serve
as alternate members of the Board. The term of office of an alternate
member shall be three years. When seated pursuant to the provisions
of Section 906 of the MPC,[2] an alternate shall be entitled to participate in all proceedings
and discussions of the Board to the same and full extent as provided
by law for Board members, including specifically the right to cast
a vote as a voting member during the proceedings, and shall have all
the powers and duties set forth in this chapter and as otherwise provided
by law. Alternates shall hold no other office in the Borough. Any
alternate may participate in any proceedings or discussion of the
Board but shall not be entitled to vote as a member of the Board nor
be compensated pursuant to Section 907 of the MPC[3] unless designated as a voting alternate member pursuant
to Section 906 of the MPC.
E.
Any Board member may be removed for malfeasance, misfeasance
or nonfeasance in office or for other just cause by a majority vote
of the governing body which appointed the member, 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.
A.
The Board shall elect from its own membership its
officers, who shall serve annual terms as such and may succeed themselves.
For the conduct of any hearing and the taking of any action, a quorum
shall be not less than a majority of all the members of the Board,
but the Board may appoint a hearing officer from its own membership
to conduct any hearing on its behalf, and the parties may waive further
action by the Board as provided in Section 908 of the MPC.[1]
[1]
Editor's Note: See 53 P.S. § 10908.
B.
If, by reason of absence or disqualification of a
member, a quorum is not reached, the Chairman of the Board shall designate
as many alternate members of the Board to sit on the Board as may
be needed to provide a quorum. Any alternate member of the Board shall
continue to serve on the Board in all proceedings involving the matter
or case for which the alternate was initially appointed until the
Board has made a final determination of the matter or case. Designation
of an alternate pursuant to this section shall be made on a case-by-case
basis in rotation according to declining seniority among all alternates.
C.
The Board may make, alter and rescind rules and forms
for its procedure, consistent with ordinances of the municipality
and laws of the commonwealth. The Board shall keep full public records
of its business, which records shall be the property of the municipality,
and shall submit a report of its activities to the governing body
as requested by the governing body.
The Zoning Hearing Board shall have exclusive
jurisdiction to hear and render final adjudications in the following
matters:
A.
Appeals from the Zoning Officer. The Zoning Hearing
Board shall hear and decide appeals where it is alleged by the appellant
that the Zoning Officer has failed to follow prescribed procedures
or has misinterpreted or misapplied any valid provision of this chapter
and/or map or any valid rule or regulation governing the action of
the Zoning Officer. Nothing contained herein shall be construed to
deny the appellant the right to proceed directly in court, where appropriate,
pursuant to Pennsylvania Rules of Civil Procedure, Rules 1091 to 1098,
relating to mandamus.
B.
Challenge to the validity of any chapter or map. The
Zoning Hearing Board shall hear challenges to the validity of a Zoning
Chapter or Map, and at the conclusion of the hearing, the Board shall
decide all contestant questions and shall make findings on all relevant
issues of fact, which shall become part of the record on appeal to
the court.
C.
Variances.
(1)
The Zoning Hearing Board shall hear requests for variances
where it is alleged that the provisions of this Zoning Chapter inflict
unnecessary hardship upon the applicant. The Zoning Hearing Board
may grant a variance, provided that the following findings are made,
where relevant in a given case:
(a)
That there are unique physical circumstances
or conditions, including irregularity, narrowness or shallowness of
lot size or shape, or exceptional topographical or other physical
conditions peculiar to the particular property and that the unnecessary
hardship is due to such conditions and not the circumstances or conditions
generally created by the provisions of the Zoning Chapter in the neighborhood
or district in which the property is located.
(b)
That, because of such physical circumstances
or conditions, there is no possibility that the property can be developed
in strict conformity with the provisions of the Zoning Chapter and
that the authorization of a variance is therefore necessary to enable
the reasonable use of the property.
(c)
That such unnecessary hardship has not been
created by the appellant.
(d)
That the variance, if authorized, will not alter
the essential character of the neighborhood or district in which the
property is located nor substantially or permanently impair the appropriate
use or development of adjacent property nor be detrimental to the
public welfare.
(e)
That the variance, if authorized, will represent
the minimum variance that will afford relief and will represent the
least modification possible of the regulation in issue.
(2)
In granting any variance, the Board may attach such
reasonable conditions and safeguards as it may deem necessary to implement
the purposes of this act and the Zoning Chapter.
D.
Special exceptions. The Zoning Hearing Board shall
hear and decide requests for all special exceptions as provided in
this chapter and in accordance with such standards and criteria contained
in this chapter. In granting a special exception, the Zoning Hearing
Board may attach such reasonable conditions and safeguards, in addition
to those expressed in the chapter, as it may deem necessary to implement
the purposes and intent of this chapter.
E.
Floodplain appeals. The Zoning Hearing Board shall
hear appeals from determinations by a Municipal Engineer or the Zoning
Officer with reference to the administration of any floodplain or
flood hazard chapter or such provisions within a land use chapter.
F.
Stormwater management. The Zoning Hearing Board shall
hear appeals from determinations of the Zoning Officer or Municipal
Engineer in the administration of any land use chapter or provision
thereof with reference to sedimentation and erosion control and stormwater
management insofar as the same relates to development not involving
planned neighborhood developments or new subdivision.
G.
Records and reports. The Zoning Hearing Board shall
keep full public records of its business and shall submit an annual
report of its activities to the governing body.
H.
Hearings.
(1)
The Zoning Hearing Board shall conduct public hearings
and make decisions in accordance with the following:
(a)
Notice of hearings. Public notice shall be given,
and written notice shall be given to the applicant, the Zoning Officer,
the Planning Commission, the Borough and any person who has made timely
request for the same. Written notices shall be given at the same time
as the first notice is published in the paper. 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. Said 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.
(b)
Referral of applications. The Zoning Officer
shall accept all applications for variances, special exceptions, conditional
uses and other applications of appeals relating to land use issues.
The Zoning Officer shall review the application for completeness.
Incomplete applications will be returned to the applicant with a request
for additional information. Once the application is complete, the
Zoning Officer shall refer it to the Planning Commission for its review.
In its review, the Planning Commission shall determine completeness
and appropriateness and, within 10 days, submit its written recommendations
to the Zoning Officer, who in turn will refer it to the appropriate
board or public body.
(c)
Time requirements. The Zoning Hearing Board
shall render a written decision or, when no decision is called for,
make written findings on the application within 45 days after the
last hearing before the Zoning Hearing Board. All conclusions based
on any provisions of Act 247 of 1969, as amended by Act 170 of 1988,[1] or of this chapter shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in light of the facts found. When the Zoning Hearing Board fails to render the decision within the period required by this chapter or fails to hold the required hearing within 60 days of the date of the applicant's request for a hearing, the decision shall be deemed to have been rendered in favor of the applicant, unless the applicant has agreed, in writing, to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the Board to meet or render a decision as hereinabove provided, then the municipality shall give public notice of said decision within 10 days in the same manner as provided in Subsection H(1)(a) of this section.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
(2)
A copy of the final decision or, where no decision
is called for, of the findings shall be delivered to the applicant
personally or mailed to him not later than the day following its date.
To all other persons who have filed their name and address with the
Zoning Hearing Board not later than the last day of the hearing, the
Zoning Hearing Board shall provide, by certified mail or otherwise,
brief notice of the decision or findings and a statement of the place
at which the full decision or findings may be examined.
All zoning appeals for securing review of any
chapter, decision, determination or order of the governing body of
a municipality, its agencies or officers adopted or issued pursuant
to Act 247 of 1969, as amended by Act 170 of 1988, shall be in conformance
with Article XA of said Act[1]
[1]
Editor's Note: See 53 P.S. § 11001-A
et seq.
All appeals from the Zoning Officer and proceedings
to challenge the validity of any chapter may be filed with the Zoning
Hearing Board, in writing, by the landowner affected, any office or
agency of the municipality or any such person aggrieved. Requests
for a variance and for special exceptions may be filed with the Board
by any landowner or any tenant with the permission of such landowner.
However, questions of an alleged defect in the process of enactment
or adoption of any chapter or map shall be raised by an appeal taken
directly from the action of the governing body to the court filed
not later than 30 days from the effective date of the chapter or map.
Unless otherwise specified by the Board, a decision
on any appeal or request for a variance shall expire if the applicant
fails to obtain any necessary zoning permit or comply with the conditions
of said authorized permit within 12 months from the date of authorization
thereof.
In the case of an appeal from the Board to the
Court of Common Pleas, the Board shall make the return required by
law and shall promptly notify the Solicitor to the municipality of
such appeal and furnish him with a copy of the return, including the
transcript of testimony. Any decision of the Board not appealed within
30 days after notice thereof shall be final.
Upon filing of any proceeding referred to in § 157-21 and during its pendency before the Board, all land development pursuant to any challenged chapter, order or approval of the Zoning Officer or of any agency or body and all official action thereunder shall be stayed, unless the Zoning Officer or any other appropriate agency or body certifies to the Board facts indicating that such stay would cause imminent peril to life or property, in which case the development or official action shall not be stayed otherwise than by a restraining order, which may be granted by the Board or by the court having jurisdiction of zoning appeals on petition after notice to the Zoning Officer or other appropriate agency or body. When an application for development, preliminary or final, has been duly approved and proceedings designed to reverse or limit the approval are filed with the Board by persons other than the applicant, the applicant may petition the court having jurisdiction of zoning appeals to hold a hearing to determine if such persons should post a bond as a condition to continuing the proceedings before the Board. After the petition is presented, the court shall hold a hearing to determine if the filing of the appeal is frivolous. At the hearing, evidence may be presented on the merits of the case. It shall be the burden of the applicant for a bond to prove the appeal is frivolous. After consideration of all evidence presented, if the court determines that the appeal is frivolous, it shall grant the petition for a bond. The right to petition the court to order the appellants to post bond may be waived by the appellee, but such waiver may be revoked by him if an appeal is taken from a final decision of the court.
All appeals from a decision of the Zoning Officer
and applications to the Board shall be in writing on forms prescribed
by the Board. Every appeal or application shall include the following:
A.
The name and address of the applicant or appellant.
B.
The name and address of the owner of the zone lot
to be affected by such proposed change or appeal.
C.
A brief description and location of the zone lot to
be affected by such proposed change or appeal.
D.
A statement of the present zoning classification of
the zone lot in question, the improvements thereon and the present
use thereof.
E.
A statement of the section of this chapter under which
the appeal is made and reasons why it should be granted or a statement
of the section of this chapter governing the situation in which the
alleged erroneous ruling is being appealed and the reasons for this
appeal.
F.
A reasonably accurate description of the present improvements
and the additions or changes intended to be made under this application,
indicating the size of such proposed improvements, material and general
construction thereof. In addition, there shall be attached a plot
plan of the real property to be affected, indicating the location
and size of the lot and size of improvements thereof and proposed
to be erected thereon.
The municipality must, on its own motion or
by petition, amend, supplement, change, modify or repeal parts of
this chapter if it has been determined that parts of its Zoning Chapter
are substantively invalid, including the Zoning Map.[1] In the case of an amendment other than that prepared by
the planning agency, the governing body shall submit each such amendment
to the planning agency at least 30 days prior to the hearing on such
proposed amendment to provide the planning agency an opportunity to
submit recommendations. If, after any public hearing held upon an
amendment, the proposed amendment is revised or further revised to
include land previously not affected by it, the governing body shall
hold another public hearing, pursuant to public notice, before proceeding
to vote on the amendment. If a county planning agency shall have been
created for the county in which the Borough adopting the chapter is
located, then, at least 30 days prior to the hearing on the chapter
by the local governing body, the Borough planning agency shall submit
the proposed chapter to the county planning agency for recommendations.
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
A landowner who desires to challenge on substantive
grounds the viability of a chapter or map or any provision thereof
which prohibits or restricts the use or development of land in which
he has an interest may submit a curative amendment to the governing
body with a written request that his challenge and proposed amendment
be heard and decided as provided in the Pennsylvania Municipalities
Planning Code, Act 247 of 1969, as amended by Act 170 of 1988.[1] The governing body shall commence a hearing thereon within 60 days of the request as provided in the Pennsylvania Municipalities Planning Code, Act 247 of 1969, as amended by Act 170 of 1988, unless the landowner requests a consent to an extension of time. The curative amendment shall be referred to the municipal planning agency or agencies as provided in § 157-27, and notice of the hearing thereon shall be given as provided in the Pennsylvania Municipalities Planning Code, Act 247 of 1969, as amended by Act 170 of 1988. The hearing shall be conducted in accordance with § 157-20, and all reference therein to "Zoning Hearing Board" shall, for purposes of this section, be references to the governing body.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
The governing body may prescribe reasonable
fees with respect to the administration of a Zoning Chapter and with
respect to hearings before the Zoning Hearing Board. Fees for these
hearings may include compensation for the Secretary and members of
the Zoning Hearing Board, notice and advertising costs and necessary
administrative overhead connected with the hearing. The costs, however,
shall not include legal expenses of the Zoning Hearing Board or expenses
for engineering, architectural or other technical consultants or expert
witness.
