1. Planning Commission. [Repealed by Ord. 913]
2. The Zoning Officer shall accept applications cited as PRD’s, conditional uses, or TND’s and shall forward the applications to the Planning Commission for consideration at their next regularly scheduled meeting when complete applications are received within 21 calendar days prior to said meeting.
3. The Planning Commission and Borough Council shall consider applications for zoning changes of properties and shall adhere to the following requirements:
1. A landowner or holder of equitable title to a parcel or parcels within the Borough may request a change of zoning classification for said parcel(s) or portion thereof. The applicant shall submit the fee required by the Borough along with the amount of copies required by resolution and shall include the deeds to all properties, a metes and bounds description of the area proposed to be reclassified if said area represents a portion of the parcel(s) owned, proof of equitable title where applicable, and a statement detailing the conformance of the request to the East Allegheny Joint Comprehensive Plan’s goals and objectives or subsequently adopted comprehensive plans. The landowner shall file an application with the Zoning Officer, wherein the Zoning Officer shall forward a copy thereof to the Planning Commission at least 30 days prior to holding a public hearing. The governing body shall follow the procedures set forth in § 27-1103.7 in addition to those outlined herein.
2. The Zoning Officer shall forward a copy of the application and request to the Allegheny County Economic Development and the Planning Commission and shall allow 30 days for comment.
3. The Zoning Officer shall schedule a public hearing before the governing body, advertised according to public notice, 30 days or more after the submission to the County planning agency, and the Borough Planning Commissions. The other municipalities within the Borough shall submit comments prior to the public hearing.
4. The Zoning Officer shall mail correspondence stating the date, time, and purpose of the public hearing to all property owners of record within the Borough, as identified in the tax records, within 200 feet of the lot lines of the subject parcel or parcels.
5. The Zoning Officer shall post the subject property or properties at points noticeable to the general public and/or effected property owners where the parcel does not border a public street.
6. The Planning Commission shall provide a recommendation to the full Council, which after holding a public hearing or hearings pursuant to public notice may approve or deny the request.
4. Curative Amendments.
1. Where a landowner desires to challenge the validity of the ordinance in regards to the regulations involving the use of his property, the landowner shall submit an application for a curative amendment to the Zoning Officer. The application shall include a description of the activity or structure proposed in lieu of that permitted by thereon by the ordinance. A survey of the subject property showing existing structures thereon shall be submitted. The application shall also include a proposed amendment that the landowner presents as a cure for the perceived defect in the ordinance. Additionally, the required fee shall be submitted in accordance with the Borough’s fee schedule.
2. Upon acceptance, the Zoning Officer shall forward the application to the Planning Commission for consideration at their next regularly scheduled meeting or if accepted later than 21 days prior thereto, at the following regularly scheduled meeting.
3. The governing body shall conduct a hearing pursuant to public notice within 60 days of the application submission. The governing body shall issue a decision within 45 days of the close of the last hearing on the application that may include acceptance, denial, or modified acceptance of the curative amendment.
4. The decision shall be based on the following:
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, woodlands, wetlands, floodplains, aquifers, natural resources and other natural features.
D. The impact of the proposed use on the site’s soils, slopes, woodlands, wetlands, floodplains, natural resources and natural features, the degree to which these are protected or destroyed, the tolerance of the resources to development and any adverse environmental impacts.
E. The impact of the proposal on land uses which are essential to public health and welfare.
5. Where the governing body decides to amend the ordinance, the procedures of § 27-1103.7 and those otherwise outlined in the Municipalities Planning Code shall apply.
6. If the governing body fails to act on the landowner’s request within the time limits referred to in § 27-1103.5(3), a denial of the request is deemed to have occurred on the 46th day after the close of the last hearing. The request shall also be deemed denied when:
A. The governing body notifies the landowner that it will not adopt the curative amendment.
B. The governing body adopts another curative amendment, which is unacceptable to the landowner.
C. 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.
5. Municipal Curative Amendments. Where the Borough Council determines that the Zoning Ordinance or any portion thereof is substantially invalid, each shall take the following actions:
1. Declare by formal action, that 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, each governing body of the Borough shall by resolution make specific findings setting forth the declared invalidity of this Chapter which may include:
A. References to specific uses which are either not permitted or not permitted in sufficient quantity.
B. Reference to a class of use or uses which require revision.
C. Reference to the entire ordinance which requires revisions.
D. The governing bodies of the Borough shall begin to prepare and consider a curative amendment to this Chapter to correct the declared invalidity as per the resolution.
2. Within nine months from the date of the declaration and proposal, the governing body shall enact the amendment to validate, or reaffirm the validity of, its zoning ordinance pursuant to the procedures required by § 27-1103.7 of this Chapter and the Municipalities Planning Code for ordinance amendments, in order to cure the declared invalidity of this Chapter.
6. The governing body may not again utilize the above procedures and associated protections offered by the Municipalities Planning Code for a period of 36 months following the enactment of the curative amendment.
1. Proposed zoning ordinances and amendments shall not be enacted unless notice of proposed enactment is 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 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. The governing body shall publish the proposed ordinance or amendment once in one newspaper of general circulation in the municipality not more than 60 days nor less than seven days prior to passage. Publication of the proposed ordinance or amendment shall include either the full text thereof or the title and a brief summary, prepared by the solicitor and setting forth all the provisions in reasonable detail. If the full text is not included:
A. A copy thereof shall be supplied to a newspaper of general circulation in the municipality at the time the public notice is published.
B. An attested copy of the proposed ordinance shall be filed in the County Law Library or other county office designated by Allegheny County.
2. In the event substantial amendments are made in the proposed ordinance or amendment, before voting upon enactment, the governing body shall, at least ten days prior to enactment, readvertise, in one newspaper of general circulation in the respective governing body, a brief summary setting forth all the provisions in reasonable detail together with a summary of the amendments. The governing body shall notify the remaining municipalities of same at the time of advertising.
3. Zoning ordinances and amendments may be incorporated into official ordinance books by reference with the same force and effect as if duly recorded therein.
(Ord. 935, 5/10/2018, §27-1103)