Article IX of the Pennsylvania Municipalities Planning Code prescribes rules and procedure for the activities of Borough Council and the Zoning Hearing Board regarding administrative proceedings included in this article as well as additional procedures and standards applicable to the enactment and enforcement of this chapter. The standards of this article shall apply additional criteria for review and procedural requirements.
A.
Appointment. The provisions of this chapter shall be enforced by
the Borough Zoning Officer with the aid of the Police Department and
other municipal agencies. The Zoning Officer shall be appointed by
Borough Council.
B.
It shall be the duty of the Zoning Officer and the Zoning Officer
shall have the authority to:
[Amended 4-21-2021 by Ord. No. 1032]
(1)
Keep a public record of all plans and applications for permits
and all permits issued, with notations as to special conditions attached
thereto.
(2)
Review applications for zoning permits for construction or alterations
of structures or changes of use to determine whether such construction
or use is in accordance with the general requirements of this chapter,
all other applicable ordinances and the laws and regulations of the
Commonwealth of Pennsylvania. The Zoning Officer shall issue no permit
unless it conforms to all applicable ordinances, statutes and regulations.
(3)
Conduct investigations and surveys to determine compliance or
noncompliance with the terms of this chapter. In carrying out such
surveys, the Zoning Officer or the Zoning Officer’s representative
may enter upon any land or buildings.
(4)
Make written orders requiring compliance with the provisions
of this chapter, to be served personally or by registered mail.
(5)
Institute proceedings in a court of proper jurisdiction for
the enforcement of the provisions of this chapter.
(6)
Maintain a map showing the current zoning classification of
all land.
(7)
Maintain maps and data as needed for the provisions of this
chapter.
(8)
Register the identity, location and type of nonconforming uses.
(9)
Participate in all proceedings before the Zoning Hearing Board
to present facts and information to assist the Board in reaching a
decision which shall be compatible with this chapter and to have decisions
of the Board reviewed in a court of proper jurisdiction when, in the
judgment of the Zoning Officer, such review is desirable or indicated.
C.
The Zoning Officer shall issue no permit for the construction or
use of any land or building unless it also conforms to the requirements
of all other Borough ordinances and the laws of the Commonwealth of
Pennsylvania.
A.
No building shall be constructed or altered in the Borough nor the
use of any building changed nor vacant land occupied until the Zoning
Officer has determined plans to be in conformity with the provisions
of this chapter. No permit shall be considered as complete or permanently
effective until the Zoning Officer has noted on the permit that the
work has been inspected and approved as being in conformity with the
provisions of this chapter.
B.
All applications for permits shall be made in writing according to
standards adopted by the Borough by resolution and fees for the same
on forms prescribed by the Zoning Officer.
C.
Issuance of permit. At least three copies of the permit under this
chapter shall be made. At least one copy of any permit required under
this chapter shall be posted and/or kept conspicuously on the premises
during construction. After issuance of the permit under this chapter,
no changes of any kind shall be made to a zoning application without
the written consent of the Zoning Officer and/or the Zoning Hearing
Board, as applicable.
D.
Revocation of permits. The Zoning Officer shall revoke, withhold
or suspend a permit or approval issued under the provisions of this
chapter in case of one or more of the following:
(1)
Any false statement or misrepresentation of fact in the application
or on the plans on which the permit or approval was based.
(2)
Upon violation of any condition lawfully imposed by the Zoning
Hearing Board upon a special exception use or variance or by Borough
Council upon a conditional use.
(3)
Any work being accomplished or use of land or structures in
such a way that does not comply with this chapter or an approved site
plan or approved permit application.
(5)
For any other just cause set forth in this chapter.
E.
Time limit of permits. The work authorized by permits shall begin
within 180 days of issuance of the permit. Construction of a structure
shall be completed within 12 months after the beginning of construction
of such structure. Upon written request to the Zoning Officer, this
may be extended another six months by the Zoning Officer upon just
cause. If an applicant fails to obtain the necessary permits or begin
construction within the above time periods, or allows interruptions
in substantial construction of longer than 45 days (or up to 180 days
upon approval of a written request for extension by the Zoning Officer
upon just cause), the Zoning Officer may conclusively presume that
the applicant has waived, withdrawn, or abandoned, approvals and permits
under this chapter and may consider all such approvals and permits
to have become null and void. The permittee must then reapply for
a new permit and pay all fees at the current fee schedule at the time
of application as required by the Borough.
A.
Procedure.
(1)
Where conditional uses are requested, Borough Council shall
schedule a public hearing to decide such requests within 60 days from
the date of filing the completed application, or as extended by consent
of the applicant. The hearing shall be conducted by Borough Council,
and all findings shall be made by Borough Council. The decision or,
where no decision is called for, the findings shall be made by Council.
However, the appellant or the applicant, as the case may be, in addition
to the municipality, may, prior to the decision of the hearing, waive
the decision or findings by Council and accept the decision or findings
of the hearing officer as final.
[Amended 5-16-2018 by Ord. No. 1005]
(2)
Borough Council shall request a review of the application for
conditional use by the Planning Commission prior to the publicly scheduled
public hearing to determine whether the standards of this chapter
have been met and any recommendations for conditions of approval.
Final approval and determination of these conditions shall be made
by Borough Council.
(3)
Borough Council shall render a written decision or, when no
decision is called for, make written findings on the conditional use
application within 45 days after the last hearing before Borough Council.
Where the application is contested or denied, each decision shall
be accompanied by findings of fact or conclusions based thereon, together
with any reasons thereof. Conclusions based upon any ordinance, rule
or regulation shall contain a reference to the provision relied upon
which the reasons the conclusion is deemed appropriate in the light
of facts found.
(4)
Standards for approval. In reviewing applications for conditional
use approval, the burden of proof shall rest with the applicant to
show compliance with the following standards:
[Amended 5-16-2018 by Ord. No. 1005[1]]
(a)
The conditional use is in accord with the Borough's Comprehensive
Plan and any of its implementing or supporting plans or policies.
(b)
The conditional use is harmonious and appropriate in design,
character and appearance with the existing or intended character and
quality of the development in the immediate vicinity of the subject
property and with the physical characteristics of the subject property.
(c)
The conditional use shall be in compliance with all requirements
and additional standards enumerated in the provision which gives the
right to seek a conditional use.
(d)
The conditional use complies with the zoning code requirements
of the underlying district in which the property is located.
(e)
The conditional use complies with all other applicable criteria
and standards of the Narberth Borough Code together with any other
applicable state or federal regulations governing the same.
(f)
The conditional use will not be detrimental to nor adversely
affect other uses of property in the vicinity of the subject property.
(g)
The conditional uses will be served by adequate public facilities,
including streets, water, sanitary sewage, fire protection, stormwater
control, parks and recreation uses and other public facilities and
services. The plan of development shall be properly designed with
regard to parking and parking lot design, building relationships,
lighting design, location and intensity, landscape architecture, access,
buffering, signage, hours or days of operation, safe pedestrian and
auto circulation, energy efficiency, controls on nuisances such as
noise and odors, and similar considerations.
(h)
The conditional use has merit and value for the community as
a whole.
(i)
The conditional use achieves the objectives set forth in § 500-101, Intent, of this chapter, and promotes the public health, safety and welfare.
[Amended 9-20-2018 by Ord. No. 1008]
(j)
Green building bonus standards. For applications for conditional
use approval that require the applicant to show compliance with the
established green building bonus standards, the following criteria
and requirements shall be met:
[Added 7-20-2023 by Ord.
No. 1056; amended 9-21-2023 by Ord. No. 1059]
[1]
All new or substantially improved portions of the proposed building
shall be constructed pursuant to the standards of the most revised
version of the International Energy Conservation Code (IECC) for the
use(s) sought, regardless of whether such version of the IECC has
been adopted in the Pennsylvania Construction Code.
[2]
Utility hookups, installations, and/or storage of natural gas,
propane, oil, and other fossil fuels shall be prohibited for all new
or substantially improved portions of the building, except:
[a]
Natural gas lines may be installed on a limited
basis when needed for commercial activities within a building, but
not including general HVAC purposes.
[b]
Backup/emergency generators utilizing fossil fuels
shall be permitted for the sole purpose of maintaining a power supply
during a temporary interruption of the power grid if the power grid
to which the building is connected may be subject to power outages.
[3]
Electricity, heating, cooling, and similar systems shall be
provided from on-site renewable sources if such systems are reasonably
viable considering the characteristics of the site and the project.
[4]
All uses on the property shall acquire electricity from a third-party
provider of 100% renewable energy. Further, if Narberth Borough has
enrolled or does enroll in a community choice aggregation program,
the property, including all residential and nonresidential units on
the property, shall participate and remain enrolled in the community
choice aggregation program chosen by Narberth Borough.
[5]
A voluntary restrictive covenant, drafted to the satisfaction
of the Borough Solicitor, shall be filed of record against the property
with the Office of the Recorder of Deeds of Montgomery County that
will prohibit the removal of the conditions required for the green
building bonus established herein from the building unless authorized
in writing by Narberth Borough Council or the green building bonus
is not required for the redevelopment and/or new use(s) proposed.
[1]
Editor's Note: This ordinance also repealed former Subsection
A(4) through (6), which included provisions on failure of the Borough
Council to render a decision, appeals and the requirement for the
applicant to provide supporting information.
B.
An application for conditional use shall contain the following information:
(1)
The name of the legal owner, equitable owner, tenant and intended
developer.
(2)
The deed to the property and, where applicable to the applicant,
the agreement of sale or lease authorizing the applicant to seek conditional
use approval.
(3)
Existing and proposed buildings and other structures, as shown
on a plan prepared under seal by a Pennsylvania-licensed professional
surveyor, engineer or architect, as well as facade and architectural
elevation views showing the entire exterior of all buildings. Site
plans shall show locations of all utilities, heat pumps, compressors,
etc. Site plans shall identify and describe proposed surface materials.
Architectural elevation views must show all new structures in context
with existing buildings on the lot and adjoining properties.
[Amended 7-20-2023 by Ord. No. 1056]
(4)
The name, address of all adjoining property owners and the tax
parcel numbers of the adjoining properties.
(5)
A key map showing the location of the proposed development within
the Borough and its relationship to major streets and political boundaries.
(6)
Other existing and proposed improvements.
(7)
References to the Code provision(s) permitting the application
for conditional use, and all information necessary to demonstrate
compliance with the applicable conditional use criteria and standards
for approval.
[Amended 5-16-2018 by Ord. No. 1005]
(8)
The appropriate fee for the conditional use application.
[Added 5-16-2018 by Ord.
No. 1005]
