Borough of Franklin Park, PA Amendments

Applications for any change of district boundaries or classifications of property as shown on the Zoning Map shall be submitted to the Planning Commission, through the Zoning Officer, upon such forms, and shall be accompanied by such data and information as may be prescribed for that purpose by the Planning Commission so as to assure the fullest practicable presentation of facts for the permanent record. Each such application shall be verified by at least one of the owners of property within the area proposed to be reclassified, attesting to the truth and correctness of all facts and information presented with the applications. Applications for amendments initiated by the Planning Commission shall be accompanied by its motion pertaining to such proposed amendment.

Any person or persons desiring a change in the zoning classification of property shall file, with the application for such change, a statement setting forth the names and addresses of the owners of all properties situated within 1,000 feet of any part of the property the zoning classification of which is proposed to be changed.

Before submitting its recommendations on a proposed amendment to the Borough Council, the Planning Commission shall hold a public hearing thereon and give public notice. The notice shall include information regarding text and map. This subsection shall only apply to proposed amendments initiated under § 212-2802A.

In addition to the published notice as hereinbefore specified, the Planning Commission shall give notice of the time, place and purpose of public hearings to be held by it on proposed amendments or supplements by mailing a postal card or letter notice not less than 14 days and not more than 30 days prior to the date of hearing, to the owners of all properties lying within 1,000 feet of any part of the property proposed to be changed. The intention of this section is to provide, so far as may be possible, due notice to the persons substantially interested in the proposed change that an application is pending before the Planning Commission, proposing to make a change in the Zoning Map or the regulations set forth in this chapter.

The Planning Commission may recommend that the application be granted as requested, or it may recommend a modification of the zoning amendment requested in the application, or it may recommend that the application be refused. These recommendations shall then be certified to the Borough Council. In the event of an adverse recommendation, any applicant or affected person may, within 10 days of such certification, appeal the recommendation of the Planning Commission to the Borough Council. Such appeal shall request that the Borough Council cause an ordinance to be prepared and a public hearing scheduled on the applicant's request. In the event that the applicant or affected person elects not to appeal the decision of the Planning Commission, then a refund of $100 shall be made to the applicant or affected person by the Borough Treasurer.

Prior to the presentation of and hearing on any proposed ordinance amending, supplementing or changing any regulations, restrictions or boundaries hereof, an informative notice of the proposed enactment shall be given in the manner set forth in this section and shall include the time and place of the meeting at which passage will be considered, a reference to a place within the Borough where copies of the proposed ordinance may be examined without charge or obtained for a charge not greater than the cost thereof. The governing body shall publish the proposed ordinance once in one newspaper of general circulation in the Borough not more than 60 days nor less than seven days prior to passage. Publication of the proposed ordinance shall include either the full text thereof or the title and a 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 thereof 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.

Before voting on the enactment of an amendment, the governing body shall hold a public hearing thereof, pursuant to public notice. In the case of an amendment other than that prepared by the Planning Commission, the governing body shall submit each such amendment to the Planning Commission at least 30 days prior to the hearing on such proposed amendment to provide the Planning Commission an opportunity to submit recommendations. The recommendation of the Planning Commission including a specific statement as to whether or not the proposed action is in accordance with the objectives of the Borough's Comprehensive Plan shall be made in writing to the Borough Council within 45 days. 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 as revised or further revised. At least 30 days prior to the hearing on the ordinance by the local governing body, the Borough Planning Commission shall submit the proposed ordinance to the county planning agency for recommendations. The recommendation of the county planning agency shall be made to the Borough Council within 45 days, and the proposed action shall not be taken until such recommendation is made. If, however, the county planning agency fails to act within 45 days, the Borough Council shall proceed without its recommendation.

Within 30 days after enactment, a copy of the amendment to the zoning ordinance shall be forwarded to the county planning agency.

A landowner who desires to challenge on substantive grounds the validity of an ordinance 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 Section 609.1 of the Municipalities Planning Code Act 247, as amended.[1] The governing body shall commence a hearing thereon within 60 days of the request as provided in Section 908 of Act 247, as amended.[2] The curative amendment shall be referred to the Planning Commission as provided in § 212-2802F, and notice of the hearing thereon shall be given as provided in § 212-2802E of this chapter and Section 609.1 of Act 247, as amended. The hearing shall be conducted in accordance with the following procedure:

(1)

The president of the Borough Council shall have the 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.

(2)

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.

(3)

Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded.

(4)

The governing body shall keep a stenographic record of the proceedings, and a transcript of the proceedings and copies of graphic or written material received in evidence shall be made available to any party at cost.

(5)

The governing body shall not communicate, directly or indirectly, with any party or his representatives in connection with any issue involved except upon notice and opportunity for all parties to participate; shall not take notice of any communication, reports, staff memoranda or other materials unless the parties are afforded an opportunity to contest the material so noticed; and shall not inspect the site or its surroundings after the commencement of hearings with any party or his or her representative unless all parties are given an opportunity to be present.

(6)

If the governing body has determined that a validity challenge has merit, it may accept the landowner's curative amendment, with or without revision, 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, 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; and

(e)

The impact of the proposal on the preservation of agriculture and other land uses which are essential to public health and welfare.

(7)

The governing body 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 governing body. Each decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons thereof. Conclusions based on any provisions of this chapter or of any ordinance, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found.

(8)

The challenge shall be deemed denied when:

(a)

The governing body fails to timely commence the hearing;

(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 Borough.

(9)

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 the date of this decision. To all other persons who have filed their name and address with the governing body not later than the last day of the hearing, the governing body shall provide, by 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.

[1]

Editor's Note: See 53 P.S. § 10609.1.

[2]

Editor's Note: See 53 P.S. § 10908.

Procedure upon municipal curative amendments.

(1)

The Borough, by formal action, may declare its zoning 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 governing body of the Borough shall:

(a)

By resolution, make specific findings setting forth the declared invalidity of the Zoning Ordinance, which may include references to specific uses which are either not permitted or not permitted in sufficient quantity; reference to a class of use or uses which require revision; or reference to the entire chapter which requires revisions.

(b)

Begin to prepare and consider a curative amendment to the Zoning Ordinance to correct the declared invalidity.

(2)

Enactment of curative amendment.

(a)

Within 180 days from the date of the declaration and proposal, the Borough shall enact a curative amendment to reaffirm the validity of its Zoning Ordinance pursuant to the provisions required by Section 609.2 of the Municipalities Planning Code,[3] Act 247, as amended, to cure the declared invalidity of the zoning chapter.

[3]

Editor's Note: See 53 P.S. § 10609.2.

(b)

Within 30 days of the enactment of a curative amendment, a copy of said amendment shall be sent to the Allegheny County Planning Commission.

(3)

Upon the initiation of the procedures as set forth in § 212-2802I(1), the governing body shall not be required to entertain or consider any landowner's curative amendment filed under Section 609.1 of the Municipalities Planning Code,[4] Act 247, as amended, nor shall the Zoning Hearing Board be required to give a report requested under Section 909.1 or 913.2 of the Municipalities Planning Code,[5] Act 247, as amended, subsequent to the declaration and proposal, based upon the grounds identical to or substantially similar to those specified in the resolution required by § 212-2802I(1)(a). Upon completion of the procedures as set forth in § 212-2802I(1) and (2), no right to a cure pursuant to the provisions of Section 609.1 of the Municipalities Planning Code, Act 247, as amended, 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 there has been a curative amendment pursuant to this section.

[4]

Editor's Note: See 53 P.S. § 10609.1.

[5]

Editor's Note: See 53 P.S. § 10909.1 or 10913.2.

(4)

A Borough having utilized the procedures as set forth in § 212-2802I(1) and (2) may not again utilize said procedure for a thirty-six-month period following the date of the enactment of a curative amendment or reaffirmation of the validity of its Zoning Ordinance pursuant to § 212-2802I(2); provided, however, that if after the date of declaration and proposal there is a substantially new duty or obligation imposed upon the municipality by virtue of a change in statute or by virtue of a Pennsylvania Appellate Court decision, the municipality may utilize the provisions of this section to prepare a curative amendment to its ordinance to fulfill said duty or obligation.