Loading...
Appeals may be made to the Board by any aggrieved person, firm or corporation or by any officer or department of the borough affected by any decision of the Zoning Officer or Municipal Engineer relative to the interpretation of this chapter. Such appeal shall be made within 30 days from the date that a notice of violation is delivered to such aggrieved party by the Zoning Officer in accordance with the requirements of the MPC by filing with the Zoning Officer and with the Board a notice of appeal specifying the grounds therefor. The Zoning Officer shall forthwith transmit to the Board all papers constituting the record upon which the action was appealed. For time limitations for appeals of variances, see § 155.244(K).
(Ord. 1089, passed 5-19-2014)
Amendments of this chapter may be initiated by Borough Council, by the Planning Commission, or by a petition of a landowner within the borough in accordance with the following provisions.
(A) Petitions for amendment by landowners, other than curative amendments under § 155.249, shall be filed in writing with the Zoning Officer, and the petitioner, upon such filing, shall pay a filing fee and/or review deposit in accordance with the schedule fixed by resolution of Borough Council.
(B) Any proposed amendment other than one proposed by the Planning Commission shall be referred to the Planning Commission for review at least 45 days before the public hearing. The Planning Commission shall review the proposed amendment and report its findings and recommendations, in writing, to the Borough Council and to the petitioner. These recommendations will include a statement as to whether or not the proposed action is in accordance with the objectives of the formally adopted comprehensive plan as required by Pa. Mun. Plan Code, 53 P.S. § 10303.
(C) In the event the Planning Commission recommends approval of the proposed amendment, in whole or in part, or if a public hearing is requested by at least one member of the Borough Council, a public hearing will be scheduled on the proposed amendment and a copy of the same submitted to the County Planning Agency at least 45 days prior to the public hearing in accordance with the requirement of the MPC.
(D) Before voting on the enactment of an amendment, the Borough Council shall hold a public hearing thereon pursuant to public notice and pursuant to mailed notice and electronic notice to an owner of a tract or parcel of land located within the borough or an owner of the mineral rights in a tract or parcel of land within the borough who has made a timely request in accordance with Pa. Mun. Plan Code, 53 P.S. § 10109.
(E) If the proposed amendment involves a zoning map change, notice of the public hearing shall be conspicuously posted by the borough at points deemed sufficient by it along the tract to notify potentially interested citizens. The affected tract shall be posted at least one week prior to the date of the hearing.
(F) Notice of any proposed zoning map change shall also be mailed by the borough at least 30 days prior to the public hearing by first class mail to the addresses to which real estate tax bills are sent for all real property located within the area being rezoned, as evidenced by tax records within the possession of the borough. A good faith effort and substantial compliance shall satisfy the requirements of this division (F). This division (F) shall not apply to a comprehensive rezoning.
(G) If, after any public hearing held upon an amendment, the proposed amendment is substantially revised or further revised to include land previously not affected by it, then the Borough Council shall hold another public heaving pursuant to public notice, mailed notice and electronic notice, before proceeding to vote on the amendment.
(H) The Borough Council shall act on a proposed amendment to this chapter within 90 days of the date of the meeting at which the public hearing on the amendment is closed. If the Borough Council fails to so act within the said 90-day period, then the proposed amendment shall be deemed denied.
(I) Within 30 days after enactment, a certified copy of the amendment to this chapter shall be forwarded to the County Planning Agency.
(J) The proposed amendment shall also be published, advertised and made available to the public in accordance with the requirements of the MPC.
(Ord. 1089, passed 5-19-2014)
(A) Any landowner who wishes to challenge, on substantive grounds, the validity of this chapter or the zoning map or any provision thereof which prohibits or restricts the use or development of land in which he or she has an interest may prepare and submit a curative amendment to the Borough Council, in the form he or she proposes it be adopted, together with a written request that the challenge and proposed amendment be heard and decided in accordance with the requirements of the MPC. The Borough Council shall hold a public hearing, pursuant to public notice, on the matter within 60 days of receiving an administratively complete curative amendment request. Public notice of the public hearing shall be given by the borough in accordance with the requirements of the MPC. Public hearings shall be conducted and held in accordance with the applicable provisions of the MPC.
(B) The Borough Council shall comply with all applicable requirements of the MPC regarding the conduct of hearings and decisions related thereto.
(1) Referral to Planning Commission and County Planning Agency. The curative amendment and challenge shall be referred to the Planning Commission and the County Planning Agency or its designee at least 30 days prior to the public hearing for review and comment.
(2) Declaration of invalidity by the court. If the borough does not accept a landowner’s curative amendment brought in accordance with this section and a court subsequently rules that the challenge has merit, the court’s decision shall not result in a declaration of invalidity for this entire chapter, but only for those provisions which specifically relate to the landowner’s curative amendment and challenge.
(3) Evaluation of merits of curative amendment. If the Borough Council determines that a valid challenge has merit, then the Borough Council may accept a landowner’s curative amendment, with or without revision, or may adopt an alternative amendment which will cure the challenged defects. The Borough Council 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 this chapter or the zoning map;
(c) The suitability of the lot’s soils, slopes, woodlands, wetlands, floodplains, aquifers, natural resources and natural features for the intensity of the proposed uses;
(d) The impact of the proposed use on the lot’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.
(Ord. 1089, passed 5-19-2014)
(A) If it appears to the borough that a violation of any zoning ordinance enacted under this act or prior enabling laws has occurred, the borough shall initiate enforcement proceedings by sending an enforcement notice as provided in this section.
(B) 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.
(C) An enforcement notice shall state at least the following:
(1) The name of the owner of record and any other person against whom the borough 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) 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; and
(6) The 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) In any appeal of an enforcement notice to the Zoning Hearing Board, the borough shall have the responsibility of presenting its evidence first.
(E) Any filing fees paid by a party to appeal an enforcement notice to the Zoning Hearing Board shall be returned to the appealing party by the borough if the Zoning Hearing Board, or any court in a subsequent appeal, rules in the appealing party’s favor.
(Ord. 1089, passed 5-19-2014)
(A) The Borough Council shall by ordinance or resolution adopt a schedule of fees, charges and expenses and a collection procedure for zoning approvals, Planned residential development, conditional uses, uses by special exception, special encroachment permits, variances, zoning amendments and other matters pertaining to this chapter. The schedule of fees shall be duly recorded in the ordinance or resolution book of the borough and posted in the office of the Zoning Officer. The schedule of fees and changes may be altered or amended only by ordinance or resolution adopted by the Borough Council.
(B) No application for any zoning approval, planned development, conditional use, special encroachment permit, zoning amendment, use by special exception, variance or other matter shall be considered unless or until such costs, charges, fees or expenses have been paid in full, nor shall any action be taken on proceedings before the Board unless or until the preliminary charges or fees have been paid in full.
(C) The Borough Council may waive or modify fees where unusual circumstances warrant such relief.
(Ord. 1089, passed 5-19-2014)
Loading...