The provisions of this chapter shall be enforced by an agent,
to be appointed by the Borough Council, who shall be known as the
Zoning Officer. He/she shall receive such fees or compensation as
approved by resolution of the Borough Council. The Zoning Officer
shall not hold any elective office within the Borough. No zoning permit
or zoning 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 Zoning Officer is authorized to institute civil
enforcement proceedings as a means of enforcement when acting within
his/her scope of employment.
A.
Duties and responsibilities. The duties and the responsibilities
of the Zoning Officer shall be:
(1)
Process applications. To receive, examine and process all zoning
permit and certificate of use applications as provided by the terms
of this chapter. The Zoning Officer shall also issue zoning permits
for special exception and conditional uses, or for variances after
the same have been approved.
(2)
Maintain official records. To maintain and be responsible for
all pertinent records on zoning matters in the Borough. These records
shall include, but not be limited to, all applications received, copies
of all zoning permits and certificates of use and occupancy issued,
copies of orders and findings of the Zoning Hearing Board, written
complaints of alleged violations, records of all inspections made,
a current copy of the Zoning Ordinance, and all amending ordinances,
the Official Zoning Map, and all other pertinent information. The
records of this office shall be available for the use of the Borough
government and for inspection of any interested party during normal
office hours. The Zoning Officer shall submit to the Borough Council
a written statement of all permits and certificates of use and occupancy
issued and violations and stop-work orders recommended or promulgated
on a quarterly basis.
(3)
Inspections. Before issuing any zoning permit or zoning certificate
of use and occupancy at his/her discretion, to inspect or cause to
be inspected all buildings, structures, signs, or land and portions
thereof for which an application has been filed for a zoning permit
or a zoning certificate of use and occupancy. Thereafter, he/she may
make such inspections during the completion of the work for which
a zoning permit has been issued. Upon completion of such work and
before issuing a zoning certificate of use and occupancy, a final
inspection shall be made and all violations of the approved plans
or zoning permit shall be noted and the holder of the zoning permit
shall be notified of the discrepancies. The Zoning Officer shall have
the right to enter any building or structure or enter upon any land
at any reasonable hour in the course of his/her duties 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.
(4)
Inspect and/or register nonconformities. Upon request by a landowner
and/or the direction of the Borough Council, to inspect nonconforming
uses, structures and lots, and to keep a filed record of such nonconforming
uses and structures, together with the reasons why the Zoning Officer
identified them as nonconformities, as a public record and to examine
them periodically, with the view of eliminating the nonconforming
uses under the existing laws and regulations.
(5)
Assist local officials. Upon the request of the Borough Council,
Planning Commission 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.
(6)
Maintain up-to-date ordinance. To be responsible for keeping
this chapter and the Official Zoning Map up-to-date, including any
amendments thereto;
(8)
Investigate complaints. When in receipt of a verbal, written,
anonymous or non-anonymous complaint stating fully the cause and basis
thereof, to investigate alleged violations of this chapter. Said investigation
shall be completed within 15 days of said complaint. A written report
of all investigations of this chapter shall be prepared and filed
by the Zoning Officer. If after the investigation the Zoning Officer
determines that a violation has occurred, he/she shall take action
as provided for by this chapter.
(9)
Prosecute violations. To institute civil enforcement proceedings
as a means of enforcement when anyone undertakes deliberate actions
that are contrary to the terms of the chapter, and any conditions
placed upon the approval of special exceptions, variances and conditional
uses or any other approvals authorized under this chapter.
B.
Violations. Failure to secure a zoning permit prior to a change in
use of land or structure, or the 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.
C.
Enforcement notice. If it appears to the Borough that a violation
of this chapter, has occurred, the Borough shall initiate enforcement
proceedings by sending an enforcement notice, as provided in the following:
(1)
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.
(2)
An enforcement notice shall state at least the following:
(a)
The name of the owner of record and any other person against
whom the Borough intends to take action.
(b)
The location of the property in violation.
(c)
The specific violation with a description of the requirements
that have not been met, citing in each instance the applicable provisions
of the chapter.
(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 MPC.
(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.
D.
Enforcement remedies; violations and penalties. Any person, partnership
or corporation who, or which, has violated or permitted the violation
of the provisions of this chapter enacted under the MPC, 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
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 fees collected for the violation of
the Zoning Ordinance 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 this chapter
enacted under the MPC, 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/her
property or person will be substantially affected by the alleged violations,
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.
A.
General requirements for zoning permits.
(1)
Actions requiring zoning permits. A zoning permit shall be required
prior to:
(a)
A change in use of land or structure;
(b)
The erection or construction of a structure (principal or accessory)
or portion thereof, including, but not limited to, fences but excluding
satellite dish antennas that are less than one meter in diameter;
(c)
The improvement or alteration of any existing structure (principal
or accessory) where such improvement or portion thereof increases
the amount of space which the structure encloses;
(d)
The alteration or development of any improved or unimproved
real estate, including, but not limited to, mining, dredging, filling,
grading, paving, excavation, or drilling operations but not including
the tilling of soil associated with agriculture;
(e)
The erection or alteration of any signs specified in § 380-45 of this chapter as requiring a zoning permit;
(f)
The construction or installation of animal waste impoundments,
lakes, ponds, dams, or other water retention basins; and/or
(h)
For uses other than a single-family dwelling or agricultural:
[1]
The installation of a new outdoor lighting system; and
[2]
The alteration, rehabilitation, or renovation to an existing
outdoor lighting installation, which is commenced after the effective
date of this chapter, and involves the complete replacement of an
existing lighting system with a new lighting system.
(2)
Permit exemptions. No zoning permit shall be required for repairs
or maintenance of any structure or land, provided such repairs do
not change the use or the exterior dimensions of the structure, or
otherwise violate the provisions of this chapter.
(3)
Form of application. Application for zoning permits shall be
made in writing to the Zoning Officer. Two copies of the application
including a plot plan for a zoning permit shall be submitted in such
form as the Zoning Officer may prescribe.
(4)
Permit conformity. No zoning permit shall be issued except in
conformity with the regulations of this chapter, except after written
order from the Zoning Hearing Board or the courts.
(5)
Permit burden of proof. In all instances in which the Zoning
Officer expresses a reasonable doubt as to the ability of a proposed
use to meet all the requirements of this chapter, it will be incumbent
upon the applicant to furnish adequate evidence in support of his/her
application. If such evidence is not presented, the zoning permit
will be denied.
(6)
Authorization to apply. The parcel or parcels shall be in a
single and full ownership, or proof of option shall be furnished at
the time of application. The full names and addresses of the landowner
or developer, and of the responsible officers, if the landowner or
developer is a corporate body, shall be stated in the application.
(7)
Permit referral. The Zoning Officer may call upon other Borough
staff and/or Borough-appointed consultants in the review of submitted
materials for applications.
(8)
Permit revocation. The Zoning Officer may 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, or
on the plans on which the permit or approval was based, or for any
other cause set forth in the Zoning Ordinance.
(9)
Required permit fees. No permit shall be issued until the fees
prescribed by the Borough Council approved by resolution shall be
paid to the Zoning Officer. The payment of fees under this section
shall not relieve the applicant or holder of said permit from payment
of other fees that may be required by this chapter or by any other
ordinances or law. The fees collected for the review of a zoning permit
include one inspection for zoning certificate of use and occupancy.
Should an applicant fail to demonstrate compliance with an approved
zoning permit at such inspection, he/she will be required to correct
any noted violations and pay another final inspection fee, or submit
a new zoning permit application (in compliance with all requirements
listed above) along with its fee for each time the Borough must inspect
the site prior to its final issuance of a zoning certificate of use
and occupancy.
(10)
Issuance/rejection of permits. Upon receipt, the Zoning Officer
shall examine the permit application within a reasonable time after
filing. If the application fails to comply with the provisions of
this chapter and all pertinent local laws and/or any conditions of
approval attached to the grant of any applicable subdivision and/or
land development approval, he/she shall reject such application in
writing, stating the reasons therefor. Should the Zoning Officer deny
the permit, he/she shall inform the applicant of his/her right to
appeal to the Zoning Hearing Board. If satisfied that the proposed
work and/or use conforms to the provisions of the Zoning Ordinance,
and all local laws and ordinances applicable thereto and/or any conditions
of approval attached to the grant of any applicable subdivision and/or
land development approval, he/she shall issue a permit therefor as
soon as practical.
(11)
Reconsideration of application. An applicant whose request for
a permit has been denied by the Zoning 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 Zoning Officer
shall not be required to make a new review of the application if this
condition is not met.
(12)
Expiration of permit. The permit shall expire after one year
from the date of issuance; provided, however, that the same may be
extended every six months, for a period not to exceed an additional
year upon the request by the applicant who can demonstrate good cause
for the extension.
(13)
Compliance with chapter. The permit shall be a license to proceed with the work and should not be construed as authority to violate, cancel, or set aside any of the provisions of the Zoning Ordinance, except as stipulated by the Zoning Hearing Board through the issuance of an approved variance under § 380-139C of this chapter.
(14)
Compliance with permit and plot plan. All work or uses shall
conform to the approved application and plans for which the permit
has been issued, as well as the approved plot plan.
(15)
Display of zoning permit. All approved zoning permits shall
be prominently displayed on the subject property during construction,
renovation, reconstruction, repair, remodeling or the conduct of other
site improvements. Such permit displays shall occur within five days
of permit issuance, or prior to the commencement of actual work on
the site, whichever occurs first. Such permit display shall be continuous
until the site receives its zoning certificate of use and occupancy.
(16)
Availability of zoning permit. The Zoning Officer shall maintain
a copy of all active zoning permits for inspection.
(17)
Compliance with applicable state and federal requirements. No
zoning permit shall be issued unless evidence has been submitted that
the applicant has complied with all applicable laws, rules, and regulations
of the state and federal governments. Issuance of a zoning permit
by the Zoning Officer shall in no way be interpreted to suggest that
the applicant has demonstrated compliance with all applicable laws,
rules, and regulations of the state and federal governments and/or
the need to do so.
(18)
Temporary use permits. It is recognized that it may be in accordance
with the purpose of this chapter to permit temporary activities for
a limited period of time in times of local or national emergency and/or
disaster which activities may be prohibited by other provisions of
this chapter. If such uses are of such a nature and are so located
that, at the time of application, they will:
(a)
In no way exert a detrimental effect upon the uses of land and
activities normally permitted in the zone, and
(b)
Contribute materially to the welfare of the Borough, particularly
in a state of emergency, under conditions peculiar to the time and
place involved. then, the Borough Council may direct the Zoning Officer
to issue a permit.
B.
Application for all zoning permits.
(1)
Applications shall contain a general description of the proposed
work, development, use or occupancy of all parts of the structure
or land, and shall be accompanied by plot plans in duplicate drawn
to scale and showing the following as may be applicable to the requested
permit:
(a)
The actual dimensions and shape of the lot to be built upon;
(b)
The exact size and location on the lot of buildings, structures,
fences, signs, and areas of land use, existing and/or proposed extensions
thereto;
(c)
The number of dwelling units or other units of occupancy (e.g.,
commercial, industrial, institutional, agricultural, accessory uses
and etc.), if any, to be provided;
(d)
The location and proposed surfacing of driveways and access
drives and copies of any highway occupancy permits as required by
local, county and/or state agencies;
(e)
The height of all structures, buildings, and/or signs;
(f)
Distances of buildings and structures from lot lines and street
right-of-way lines;
(g)
Off-street parking and loading areas and access thereto, including
grades and proposed surfacing;
(h)
Outdoor areas devoted to storage of goods, materials and/or
wastes;
(i)
Utility systems affected and proposed, including primary and
backup on-lot and/or public sewage disposal and water supply systems,
including any required permits;
(j)
Alteration or development of any improved or unimproved real
estate;
(k)
Lot coverage;
(l)
Site lighting plans, including lighting of signs in accordance with the requirements of § 380-33 of this chapter;
(m)
Floor area devoted to each proposed use and unit of occupancy
for both principal and accessory uses;
(n)
Recreation areas;
(o)
Screens, buffer yards, landscaping, erosion control filter strips
and riparian buffers;
(p)
Means of pedestrian access;
(q)
Written approvals for needed Conservation Plans, Nutrient Management
Plans and/or Erosion and Sediment Pollution Control Plans;
(r)
Information relating to any zoning approvals obtained from the
Zoning Hearing Board or the Borough Council;
(s)
Proof of approval from the Pennsylvania Department of Labor
and Industry, when required by such agency;
(t)
Copies of any applicable subdivision/land development plan;
(u)
Workers' compensation certificates; and
(v)
All other information necessary for the Zoning Officer to determine
conformance with and provide for enforcement of this chapter.
C.
Application for zoning permit for uses in the mixed use, central
business, highway commercial, light industrial and heavy industrial
zones. In addition to the preceding requirements for all zoning permits,
uses proposed within the Mixed Use, Central Business, Highway Commercial,
Light Industrial and Heavy Industrial Zones shall provide the following
information:
(1)
A location plan showing the tract to be developed, zone boundaries,
adjoining tracts, significant natural features, proposed topographic
features, and streets for a distance of 200 feet from all tract boundaries.
(2)
A description of the operations proposed in sufficient detail
to indicate the effects of those operations in producing traffic congestion,
noise, glare, air pollution, water pollution, vibration, fire hazards,
safety hazards, or the emission of any potentially harmful or obnoxious
matter or radiation.
(3)
Engineering plans for treatment and disposal of sewage and industrial
waste, tailings or unusable by-products.
(4)
Engineering plans for the handling of traffic, noise, light
and glare, air pollution, water pollution, vibration, fire hazards,
or safety hazards, smoke, or emission of any potentially harmful or
obnoxious matter or radiation.
(5)
Designation of the manner by which sanitary sewage and stormwater
shall be disposed and water supply obtained.
(6)
The proposed number of shifts to be worked and the maximum number
of employees on each shift.
(7)
Where use by more than one firm is anticipated, a list of firms
which are likely to be located in the center, their floor area, and
estimated number of employees.
A.
When required. It shall be unlawful to use and/or occupy any structure,
building, sign, or land or portion thereof for which a zoning permit
is required until a zoning certificate of use and occupancy has been
issued by the Zoning Officer. The Zoning Officer shall not issue such
certificate unless he/she has inspected said structure, building,
sign, or land and has determined that all provisions of the Zoning
Ordinance and other laws of the Borough have been satisfied and that
the applicant has received a certificate of occupancy under the Borough
Building Code,[1] if applicable.
B.
Form of application. The application for a zoning certificate of
use and occupancy shall be in such form as the Zoning Officer may
prescribe, and shall be made at the same time as the application for
a zoning permit is filed with the Zoning Officer.
C.
Description of use and occupancy. The application shall contain a
description of the intended use and occupancy of any structure, building,
sign, or land or portion thereof for which a zoning permit is required
herein.
D.
Inspections.
(1)
The Zoning Officer shall inspect any structure, building, sign
or use of land within seven days after notification that the proposed
work that was listed under the zoning permit has been completed. If
he/she is satisfied that: the work is in conformity and compliance
with the work listed in the issued zoning permit; the work is in conformity
and compliance with and all other pertinent local laws; and, that
the applicant has received a certificate of occupancy under the Borough
Building Code, if applicable; he/she shall issue a zoning certificate
of use and occupancy for the intended use listed in the approved application.
If the Zoning Officer finds that the work has not been performed in
accordance with this chapter and/or the approved application, the
Zoning Officer shall refuse to issue the zoning certificate of use
and occupancy and shall give in writing the reasons for such refusal.
The Zoning Officer shall inform the zoning permit holder of his/her
right of appeal to the Zoning Hearing Board.
(2)
The fees collected for the review of a zoning permit include
one inspection for zoning certificate of use and occupancy. Should
an applicant fail to demonstrate compliance with an approved zoning
permit at such inspection, he/she will be required to correct any
noted violations and pay another final inspection fee, or submit a
new zoning permit application (in compliance with all requirements
listed above) along with its fee for each time the Borough must inspect
the site prior to its final issuance of a zoning certificate of use
and occupancy.
E.
Availability of certificate. The Zoning Officer shall maintain a
zoning certificate of use and occupancy (or a true copy thereof) for
all uses that shall be kept available for inspection at all times.
F.
Temporary zoning certificate of use and occupancy. It is recognized
that it may be in accordance with the purpose of this chapter to permit
temporary activities for a limited period of time, which activities
may be prohibited by other provisions of this chapter during times
of local or national emergency and/or disaster. If such uses are of
such a nature and are so located that, at the time of application,
they will: in no way exert a detrimental effect upon the uses of land
and activities normally permitted in the zone, and, contribute materially
to the welfare of the Borough, particularly in a state of emergency,
under conditions peculiar to the time and place involved, then, the
Borough Council may direct the Zoning Officer to issue a zoning certificate
of use and occupancy for a period not to exceed six months. Such zoning
certificate of use and occupancy may be extended not more than once
for an additional period of six months.
G.
Performance standards. For uses that involve activities that are subject to operations and performance standards listed in §§ 380-33, 380-36 and 380-39 of this chapter, no zoning certificate of use and occupancy shall become permanent until 30 days after the facility is fully operating and when, upon reinspection by the Zoning Officer, it is determined that the facility is in compliance with all such standards.
A.
The Borough Council shall establish by resolution a schedule of fees,
charges, and expenses and collection procedures for applications for
zoning permits, zoning certificates of use and occupancy, special
exceptions, conditional uses, variances, appeals, amendments, and
other matters pertaining to this chapter.
B.
The schedule of fees shall be available for inspection in the office
of the Zoning Officer and may be altered or amended by resolution
of the Borough Council.
C.
Until all application fees, charges, and expenses have been paid
in full, the application or appeal shall not be considered complete.
Therefore, no proceedings related to any such application or appeal
shall be initiated, no established time elements shall begin to accrue,
and no action shall be taken on any such application or appeal.
A.
Power of amendments. 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. The Borough is under no obligation to consider any zoning amendment other than curative amendments submitted under Subsections F and G of this section;
B.
Hearing and enactment procedures for zoning amendments.
(1)
Public hearing. Before voting on the enactment of 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 and electronic and/or mailed 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 municipality. 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 municipal 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 municipality at the time the public notice
is published; and
[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 Borough posting of one or more signs at one or more conspicuous
locations deemed sufficient by the Borough to notify potentially interested
citizens. This 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. The sign posting requirement shall not apply when
the rezoning constitutes a comprehensive rezoning. In addition, notice
of the public hearing shall be sent by first class mail by the municipality
at least 30 days prior to the date of the public hearing by first
class mail to the addressees to which real estate tax bills are sent
for all real property located within the area to be rezoned, as evidenced
by the tax records within possession of the Borough. Such notice shall
include the location, date and time of the public hearing. The first
class mail notice requirement shall not apply when the rezoning constitutes
a comprehensive rezoning.
(c)
For curative amendments, public notice shall also indicate that
the validity of the ordinance 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 governing body shall hold another
public hearing, pursuant to public notice, mailed notice and electronic
notice before proceeding to vote on the amendment.
(3)
Electronic and/or mailed notice. In addition to the public notice
requirements defined herein, an owner of a tract or parcel of land
located within a municipality, or an owner of the mineral rights in
a tract or parcel of land within a municipality, may request that
the municipality provide written or electronic notice of a public
hearing which may affect such tract or parcel of land.
(a)
Mailed notice shall be required only if an owner of a tract
or parcel of land located within a municipality, or an owner of the
mineral rights in a tract or parcel of land within the municipality
has made a written request that the notice be mailed and has supplied
the municipality with a stamped, self-addressed envelope prior to
a public hearing.
(b)
Electronic notice shall be required only if an owner of a tract
or parcel of land located within a municipality, or an owner of the
mineral rights in a tract or parcel of land within the municipality
has made a written request that notice be sent electronically and
has supplied the municipality with an electronic address prior to
a public hearing and only if that municipality maintains the capability
of generating an electronic notice. An owner of a tract or parcel
of land located within a municipality, or an owner of the mineral
rights in a tract or parcel of land within the municipality making
the request and supplying an electronic address may at any time notify
the municipality that the owner of the tract or parcel of land located
within the municipality, or the owner of the mineral rights in the
tract or parcel of land within the municipality no longer will accept
electronic notice, and in that event the municipality may no longer
provide electronic notice.
(c)
An owner of a tract or parcel of land located within a municipality,
or an owner of the mineral rights in a tract or parcel of land within
the municipality who has requested a mailed notice shall be solely
responsible for the number, accuracy and sufficiency of the envelopes
supplied. The municipality shall not be responsible or liable if the
owner of a tract or parcel of land located within a municipality,
or an owner of the mineral rights in a tract or parcel of land within
the municipality does not provide to the municipality notice of any
changes in the owner's mailing address.
(d)
An owner of a tract or parcel of land located within a municipality,
or an owner of the mineral rights in a tract or parcel of land within
the municipality who has requested electronic notice shall be solely
responsible for the accuracy and functioning of the electronic address
provided to the municipality. The municipality shall not be responsible
or owner of a tract or parcel of land located within a municipality,
or an owner of the mineral rights in a tract or parcel of land within
the municipality does not provide to the municipality notice of any
changes to the owner's electronic address.
(e)
A municipality shall deposit a mailed notice in the United States
mail or provide electronic notice not more than 30 and not less than
seven days prior to the scheduled date of the hearing, as shown on
the notice.
(f)
For each public hearing, the municipal secretary or Zoning Officer
shall prepare, sign and maintain a list of all mailed notices, mailing
dates, electronic notices and electronic notice dates. The signed
list shall constitute a presumption that the notice was given.
(g)
The mailed notice shall be deemed received by an owner of a
tract or parcel of land located within a municipality, or an owner
of the mineral rights in a tract or parcel of land within the municipality
on the date deposited in the United States mail.
(h)
The electronic notice shall be deemed received by an owner of
a tract or parcel of land located within a municipality, or an owner
of the mineral rights in a tract or parcel of land within the municipality
on the date the municipality electronically notifies the owner.
(i)
Failure of an owner of a tract or parcel of land located within
a municipality, or an owner of the mineral rights in a tract or parcel
of land within the municipality to receive a requested mailed notice
or electronic notice shall not be deemed to invalidate any action
or proceedings under the MPC.
(4)
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 the ordinance or amendment will be considered, and 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. Enactment notice shall be published at least once in one newspaper of general circulation in the municipality 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).
(5)
Borough Planning Commission referrals. For amendments proposed
by parties other than the Borough Planning Commission, the Borough
Council shall submit each amendment to the Borough Planning Commission
at least 45 days prior to the public hearing on such amendment. A
report of the review by the Borough Planning Commission, together
with any recommendations, may be given to the Borough Council within
45 days from the date of said referral. The recommendation of the
Borough Planning Commission may include a specific statement as to
whether or not the proposed action is in accordance with the intent
of this chapter and the Official Comprehensive Plan of the Borough.
(6)
Lebanon County Planning Department referrals. All proposed amendments
shall be submitted to the Lebanon County Planning Department at least
45 days prior to the public hearing on such amendments. The Department
may submit recommendations to the Borough Council; however, if the
Lebanon County Planning Department fails to act within 45 days, the
Borough Council may proceed without its recommendations.
(7)
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.
(8)
Copies of adopted amendments. Within 30 days after enactment,
a copy of the amendment to the Zoning Ordinance and/or Zoning Map
shall be forwarded to the Lebanon County Planning Department.
(9)
Authentication of the Official Zoning Map. Whenever there has
been a change in the boundary of a zone or a reclassification of the
zone adopted, the change on the Official Zoning Map shall be made
and shall be duly certified by the Borough Secretary and shall thereafter
be re-filed as part of the permanent records of the Borough.
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 Subsection B;
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;
F.
Curative amendment by a landowner. A landowner who desires to challenge
on substantive grounds the validity of the Ordinance or the Official
Zoning Map, or any provision thereof, which prohibits or restricts
the use or development of land in which he/she 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/her challenge and proposed amendment be heard and
decided, as provided in Sections 609.1 and 916.1 of the MPC.[1] The Borough Council shall commence a hearing thereon within 60 days of the request. The curative amendment shall be referred to the Borough and Lebanon County Planning Commissions, as provided for in Subsection B, 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
governing body 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 ordinance or map;
(c)
The suitability of the site for the intensity of use proposed
by the site's soils, slopes, woodland, wetlands, aquifers, natural
resources, and other natural features;
(d)
The impact of the proposed use on the site's soils, slopes,
woodlands, wetlands, 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;
(f)
For challenges alleging the exclusion of one or more land uses
within the Borough, the Borough Council shall consider the availability
of uses permitted within the zoning ordinances throughout the Palmyra
Area Region pursuant to Section 916.1(h) of the MPC.[2]
[2]
Editor's Note: See 53 P.S. § 10916.1(h).
(2)
The governing body shall render its decision within 45 days
after the conclusion of the last hearing.
(3)
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.
(4)
The challenge shall be deemed denied when:
(a)
The governing body fails to commence the hearing within 60 days;
(b)
The governing body notifies the landowner that it will not adopt
the curative amendment;
(c)
The governing body adopts another curative amendment which is
unacceptable to the landowner; or
(d)
The governing body 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 municipality.
(5)
Where, after the effective date of the MPC, a curative amendment proposal is approved by the grant of a curative amendment application by the governing body pursuant to this section, or a validity challenge is sustained by the Zoning Hearing Board pursuant to Article VI of this chapter, 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 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. Upon the filing of the preliminary or tentative plan, the provisions of Section 508(4) of the MPC shall apply.[3]
[3]
Editor's Note: See 53 P.S. § 10508(4).
(6)
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 zoning 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.
[1]
Editor's Note: See 53 P.S. §§ 10609.1 and 10916.1,
respectively.
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 Section 609 of the MPC[4] in order to cure the declared invalidity of the ordinance.
[4]
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 ordinance under Subsection G, 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 propose 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 ordinance; 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 ordinance to
fulfill this duty or obligation.
A.
Parties to proceedings before the governing body may utilize mediation as an aid in completing such proceedings. In no case shall the governing body, initiate, mediation or participate as a mediating party. Mediation shall supplement, not replace, those procedures in this Article VII once they have been formally initiated.
B.
Participation in mediation shall be wholly voluntary. The appropriateness
of mediation shall be determined by the particulars of each case and
the willingness of the parties to negotiate. The Borough shall assure
that, in each case, the mediating parties, assisted by the mediator
as appropriate, develop terms and conditions for:
(1)
Funding mediation;
(2)
Selecting a mediator who, at a minimum, shall have a working
knowledge of municipal zoning and subdivision procedures and demonstrated
skills in mediation;
(3)
Completing mediation, including time limits for such completion;
(4)
Suspending time limits otherwise authorized by the Act, provided
there is written consensus by the mediating parties, and by an applicant
or municipal decision making body if either is not a party to the
mediation;
(5)
Identifying all parties and affording them the opportunity to
participate;
(6)
Subject to legal restraints, determining whether some or all
of the mediation sessions shall be open or closed to the public;
(7)
Assuring that mediated solutions are in writing and signed by
the parties, and become subject to review and approval by the appropriate
decision making body pursuant to the authorized procedures set forth
in the MPC;
C.
No offers or statements made in the mediation sessions, excluding
the final written mediated agreement, shall be admissible as evidence
in any subsequent judicial or administrative proceedings.
A.
Submission constitutes public record (waiver of copyright).
(1)
By making a submission under this chapter, the applicant acknowledges
and agrees that all documents and other information submitted to the
Borough pursuant to this chapter constitute public records within
the meaning of the Pennsylvania Right to Know Law, Act 3 of 2008,
as amended,[1] and are therefore subject to review and reproduction upon
request in accordance with that law and applicable Borough ordinances
and resolutions.
[1]
Editor's Note: See 65 P.S. § 67.101 et seq.
(2)
To the extent that any such documents or information are not
deemed public records and are subject to protection pursuant to federal
or state copyright laws, or common law copyright protection, the applicant
and all of its agents, employees and consultants, by filing documents
with the Borough pursuant to this chapter, shall be deemed to have
waived all copyright protection as relates to review, analysis, criticism,
or approval of the application by the Borough and all of its agents,
servants, employees, officials, and consultants, and the public at
large.
(3)
The applicant hereby agrees to indemnify and hold harmless the
Borough and all of its agents, servants, employees, officials, and
consultants of any and all claims related to violations of the copyright.
B.
Applicant's duty of good faith.
(1)
Upon the filing of an application for review under this chapter,
the applicant shall exercise good faith and promptly address or otherwise
respond substantively to the review comments and requirements of the
Borough and its staff and consultants.
(2)
It is the duty of the applicant to move the application to completion
in a prompt, timely, and diligent manner so as to enable formal action
by the respective agency or agent of the Borough, as the case may
be, and to comply with all conditions of approval imposed by such
agencies or agents.
(3)
The Borough is not obligated to accept an applicant's offer
of a time extension for application review or grant a continuance
of any hearing, meeting or review.
C.
Unsworn falsification to authorities. All statements, whether written
or oral, to the Borough in the course of the review of the application
under this chapter shall be true and correct to the best of the knowledge,
information and belief of the applicant or its agents and consultants,
and with the understanding that any false statement is subject to
the penalties of 18 Pa.C.S.A. § 4804, relating to Unsworn
Falsification to Authorities.
Proceedings for securing review of any ordinance or of any decision,
determination, or order of the Borough Council, their agencies, the
Zoning Hearing Board, or the Zoning Officer issued pursuant to this
chapter shall be in accordance with Article X-A of the MPC.[1]
[1]
Editor's Note: See 53 P.S. § 11001-A et seq.
Except as otherwise required by law, this chapter is intended
as a continuation of, and not a repeal of, existing regulations governing
the subject matter. To the extent that this chapter restates regulations
contained in ordinances previously enacted by the Borough this chapter
shall be considered a restatement and not a repeal of such regulations.
It is the specific intent of the Borough Council that all provisions
of this chapter shall be considered in full force and effect as of
the date such regulations were initially enacted. All ordinances or
parts of ordinances inconsistent with the provisions of this chapter
are hereby repealed. It is expressly provided that the provisions
of this chapter shall not affect any act done, contract executed or
liability incurred prior to its effective date, or affect any suit
or prosecution pending or to be instituted to enforce any rights,
rule, regulation or ordinance, or part thereof, or to punish any violation
which occurred under any prior zoning regulation or ordinance. In
the event any violation has occurred under any prior zoning regulation
or ordinance, prosecution may be initiated against the alleged offender
pursuant to the provisions of said prior zoning regulation or ordinance,
and the provisions and penalties provided in said prior zoning regulation
or ordinance shall remain effective as to said violation.
