Ben Avon City Zoning Code
ARTICLE XII
Rezoning Applications
§ 2000-1200 Purpose of Rezoning Applications.
[Ord. 738, 8/18/2009]
A.
The purpose of rezoning is to protect the safety, capacity and efficiency of the Tri-Borough Communities' existing infrastructure systems; to maintain fiscal responsibility; and to uphold the objectives of the Tri-Borough Comprehensive Plan.
B.
All rezoning applications shall be reviewed within the context and principals of joint municipal planning; rezoning recommendations shall be based on the projected beneficial and/or detrimental effects on the Tri-Borough Communities as a whole rather than each independent Borough.
§ 2000-1201 Rezoning Application Forms.
§ 2000-1202 Review of Rezoning Applications.
[Ord. 738, 8/18/2009]
A.
Upon receipt of a rezoning application, the applicable Zoning Officer will review the package for completeness. If the applicable Zoning Officer finds the application to be incomplete or insufficient, the rezoning application will be returned to the applicant. When the rezoning application is found to be complete by the applicable Zoning Officer, one copy shall be forwarded to each member of the Joint Planning Commission and each member of each Borough Council. As part of the rezoning approval process, the Joint Planning Commission and each Borough Council shall consider the motivation and implications of each plan, analysis and report.
B.
The Joint Planning Commission shall review the application in compliance with the following procedural guidelines:
C.
The Joint Planning Commission shall decide if the proposed rezoning is or is not generally consistent with the Joint Comprehensive Plan.
D.
If the rezoning proposal is found to be generally consistent with the Joint Comprehensive Plan, the Joint Planning Commission shall consider any projected beneficial and/or detrimental effects on the Tri-Borough Communities.
E.
Based on these analyses, each Joint Planning Commission member shall submit a recommendation either in favor or not in favor of the rezoning proposal.
F.
The final recommendation of each Joint Planning Commission member shall be forwarded to each of the Tri-Borough Communities Borough Councils. The respective name and Borough association of each Joint Planning Commission member shall be attached to each recommendation.
G.
Upon receipt of the Joint Planning Commission's final recommendations, each Tri-Borough Community Borough Council shall render a decision in favor or not in favor of the rezoning proposal. Each Borough Council shall compose a brief summary explanation of its decision and forward the decision and explanation to the applicable Zoning Officer.
H.
The applicable Zoning Officer shall receive one decision from each Tri-Borough Community. Two or more out of three decisions in favor of rezoning shall be enough to proceed with the property rezoning as the applicant has requested.
§ 2000-1203 Application Criteria.
[Ord. 738, 8/18/2009]
There are two categories of rezoning applications: minor and major. Minor and major rezoning applications are differentiated based on the size of the area to be rezoned and the anticipated fiscal, physical, environmental and social impacts on the municipality(s).
A.
Minor Applications. Minor rezoning applications are expected to have a lesser impact on the traffic, fiscal resources and existing physical and environmental character of the community(s). The following situations constitute eligibility for the minor application:
(1)
The rezoning of a nonresidential parcel, or contiguous parcel(s), that totals one acre or less and is located in the MU or C-NC district.
(2)
The rezoning of an existing residential parcel, or contiguous parcel(s), that totals three acres or less in either the Zoning District R-L or R-M classification.
B.
Major Applications. Any rezoning project that does not meet either of the criteria in § 2000-1203(A) is a major application.
C.
Application Requirements. The following Section outlines the plans, analyses and reports that a landowner and/or developer shall submit as part of minor or major rezoning applications.
§ 2000-1204 Rezoning Applications Plans, Analyses and Reports.
[Ord. 738, 8/18/2009]
The plans, analyses and reports to be submitted as part of a minor application shall include § 2000-1204A-B; a major application shall include § 2000-1204A-I.
A.
A preliminary plat.
B.
Topographic Survey. Contours shall be illustrated at intervals of elevation of not more than five feet where the slope is greater than 10% and at intervals of not more than two feet where the slope is 10% or less.
C.
Site Conditions Report. The applicant shall describe the following existing characteristics about the site proposed for development.
(1)
Total site acreage.
(2)
Existing Zoning District(s), land use(s) and covenants.
(3)
Existing land characteristics including general topographic form, site accessibility, length of public road frontage, pattern and density of vegetative cover, significant adjacent and long-range views to and from the site, hydrological patterns.
(4)
Relationship of proposed subdivision to adjoining, existing and proposed community facilities which serve or influence the site; available utilities; number of lots and acreage; business areas; playgrounds; main traffic arteries; elementary and high schools; and street improvements.
(5)
Reservations, if any, by the landowner and/or developer of any area designed for use as public grounds shall be suitable size and location for designated uses.
(6)
Land which is subject to flooding, subsidence or underground fires either shall be made safe for the purpose for which such land is proposed to be used, or that such land shall be set aside for use which shall not endanger life or lot, or further aggravate or increase existing menace.
(7)
A copy of the option agreement or certificate of title shall be submitted as evidence of the applicant's interest in the lot.
D.
Infrastructure Demand Statement.
(1)
The infrastructure demand statement shall be submitted to the Tri-Borough Communities, containing the following information:
E.
Conceptual Development Plan, as defined by the applicable Ordinance.
[Amended by Ord. No. 780, 8/31/2017]
F.
Fiscal Impact Analysis.
(1)
An evaluation providing the following information shall be completed:
(a)
Potential municipal and school district tax generation of the proposed development.
(b)
Population projections including the number of school-aged children at build-out of the proposed development.
(c)
Length of road to be dedicated to the Borough.
(d)
Length of sewer and water lines to be dedicated to the Borough.
(e)
The Borough will evaluate the proposed development of the proposed zoning in relationship to the potential development in the existing zoning.
G.
Slope stability investigation.
H.
Phase one environmental assessment.
I.
Traffic report.
§ 2000-1205 Additional Information.
[Ord. 738, 8/18/2009]
The Joint Planning Commission and each individual Borough Council reserve the right to request additional information as part of the review and approval process.