Single-family dwellings and two-family dwellings. Any building other than a multistory multiple-family dwelling may be increased in height by not more than 10 feet when the side and rear yards are increased over the yard requirements of the district in which they are located by not less than 10 feet (but they shall not exceed three stories in height).

Chimneys, cooling towers, elevator bulkheads, fire towers, monuments, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers and spires, radio towers or necessary mechanical appurtenances may be erected to a height above the limitations of the district, but not to exceed 15 feet over such limitations.

No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced, and no accessory building shall be used for dwelling purposes unless the main building on the lot is also being used for dwelling purposes.

More than one industrial, commercial, multiple-family dwelling or institutional building may be erected upon a single lot or tract, but the yards and open spaces required around the boundaries of the lot or tract shall not be encroached upon by such buildings, nor shall there be any change in the intensity of use requirements.

Where an open space is more than 50% surrounded by building, the minimum width of the open space shall be 30 feet for one-story buildings, 40 feet for two-story buildings and 50 feet for three-story buildings and multistory buildings.

In computing the depth of a rear yard where such yard abuts an alley, its width may be included as a portion of the rear yard.

Detached structures or accessory buildings which are not part of the main building must be located at least 10 feet from the side lot line and at least five feet from the rear lot line and must be located behind the building line and must be located behind the front face of the primary structure and not within any required or established front yard area. Structures commonly referred as "dish-type antennas" that have dishes exceeding 20 inches in diameter may not be attached to, mounted on or supported by single-family dwellings or to buildings accessory to single-family dwelling and they must be supported by the ground with no part of the antenna having a height greater than 20 feet above the ground. Dish-type antennas under 20 inches in diameter may be attached to, mounted on or supported by single-family dwellings or by buildings accessory to a single-family dwellings, but shall not have a height greater than four feet above the highest point of the building roof. No accessory building or structure, except a fence or wall, may be located within a required buffer area.

Every part of a required yard shall be open to the sky, unobstructed, except for accessory buildings in a rear yard, and except for the ordinary projections of skylights, sills, belt courses, cornices and ornamental features projecting not to exceed 12 inches. This requirement shall not prevent the erection of patio or porch covers or roofs or fences not exceeding six feet in height, except on that portion of lots within 30 feet of the intersection of two or more streets.

Open or lattice-enclosed fire escapes, fireproof outside stairways and balconies opening upon fire towers, projecting into a yard not more than four feet six inches, and the ordinary projections of chimneys and flues, may be permitted by the Building Inspector.

For the purpose of side yard requirements, a two-family dwelling shall be considered as one building occupying a single lot.

An open, unenclosed porch not more than one story in height, or paved terrace, may project into the required front yard for a distance not exceeding 10 feet. An enclosed vestibule containing not more than 40 square feet may project into the required yard for a distance not to exceed five feet.

Terraces, unenclosed porches, platforms and ornamental features, including patios with covers or roofs, may project into a required yard at the side or rear of a lot, provided that such projection be distant not less than two feet from an adjacent property line or 12 feet from a building on an adjacent lot.

When, on the effective date of this ordinance, 40% of a frontage is developed with two or more buildings, then the depth of the front yards heretofore established shall be adjusted in the following manner:

An existing building which has side yards less than those required for the zoning district in which the property is located may be expanded to the rear, provided that such expansion results in no further decrease in the side yards and that the expansion is in compliance with applicable rear yard and percentage of lot coverage requirements.

An existing building which has side and/or front yards less than those required for the zoning district in which the property is located may be expanded vertically, provided that such expansion will comply with the applicable height requirements.

An existing building which has a front yard less than that required for the zoning district in which the property is located may be expanded to the side, provided that such expansion will comply with the applicable side yard requirements.

Canopies which are accessory to a use wherein motor fuel is dispensed and intended to provide shelter to persons using the dispensing pumps may project into the front yard to within five feet of the front property line or into the yard abutting a street in the case of corner lots within five feet of the side property line.

Junk vehicles.

Lighting standards.

Landscaping buffer area standards.

Structures used in playing basketball.

Snow fences.

Non-tower wireless communications facilities.

Specific standards for chickens.

Specific standards for beekeeping.

A brief description of the proposed project in terms of land use and magnitude.

An inventory and analysis of existing roadway and traffic conditions in the site environs, including:

Projected site-generated traffic volumes in terms of:

An analysis of future traffic conditions, including:

A description of future levels of service and their compliance with standards for traffic capacity of streets, intersections and driveways. New streets shall be designed for adequate traffic capacity defined as follows. All reference to levels of service (LOS) shall be as defined by the current edition of the Highway Capacity Manual, Special Report 209, published by the Transportation Research Board or other methods as required by the Municipal Traffic Engineer.

A description and analysis of the proposed access plan and site plan, including:

Traffic circulation mitigating action plan shall include:

The Municipality of Bethel Park is in the path of growth.

Within the district defined in Section 69.36A.4 hereof and Exhibit A hereto, Bethel Park had the recent construction of approximately 165,000 square feet of institutional, commercial and office space.

Inadequate transportation facilities have hampered the development of the district area.

The land within the district is substantially built out and will be fully developed and built out for the uses permitted under Bethel Park's Zoning Ordinance within 10 years.

Transportation facilities are not available within the district to support current and future institutional, retail and commercial growth and development of the district.

Federal aid and available state, County and local funding capabilities cannot meet the transportation needs of the district.

Balanced growth of Bethel Park, including institutional, commercial and commercial uses, is imperative if the general tax base of Bethel Park and the Bethel Park School District, which serves Bethel Park, is to provide sufficient revenues for the proper exercise of Bethel Park and School District functions.

Balanced growth will not be possible without the construction of the project.

The studies prepared by Trans Associates (including Exhibit A hereto) and David E. Wooster and Associates provide a reasonable analysis and recommendation upon which, among other things, Bethel Park has been able to properly base its determination of the proper boundaries of the district.

In addition to the studies, Bethel Park used the experience of its Council members as long-time residents of the area, the recommendations of Bethel Park Planning Commission, the location of streams, wetlands and other natural and man-made features and the severe topography of certain areas to determine all properties having a substantial relationship to the proposed projects.

The studies utilize sound engineering assumptions which established a rational cost allocation among parcel groups benefitted.

The project's construction costs could change if different engineering assumptions were used but would result in essentially the same cost allocation among the benefitted properties.

The studies were not utilized as the sole basis for the action to be taken hereby but as a guide to assist Bethel Park in arriving at the proper district boundaries.

All property within the district will be benefitted by the project in direct proportion to the assessment imposed thereon hereby and as set forth in Exhibit A hereto.

The assessment formulas established in Section 69.36A.6 hereof and Exhibit A hereto are fair and reasonable and each benefitted property within the district will be subject to a fair and reasonable assessment upon imposition of the assessments as provided herein.

The project is not for the purpose of maintaining or repairing an existing facility or facilities but represents the complete construction, reconstruction, acquisition, installation, widening or relocation of transportation infrastructure to remedy existing deficiencies and provide for the projected growth of traffic to the year 2015.

All of the project provides new traffic capacity or will prevent roads, currently safe but congested, from becoming substandard and safety hazards due to projected traffic growth.

The life of the improvements in the project shall exceed 20 years from the date of the original studies (1995).

All of the project represents transportation elements specifically authorized by the Transportation Partnership Act (TPA).[3]

The district contains 14 parcels of land.

All landowners within the district will be notified of the thirty-day appeal period established in Section 69.36A.12 hereof.

The financing of local share cost of transportation projects within designated areas of Bethel Park pursuant to the powers granted by the Transportation Partnership Act, 53 P.S. § 1621 et seq., is desirable and necessary.

Bethel Park must issue long-term tax-exempt general obligation debt to finance the local share cost of the multi-year transportation improvement program (MYP) adopted by the Council.

Long-term general obligation debt issued by Bethel Park may become self liquidating in whole or in part because of the special assessments and liens authorized by the TPA.

The assessments and liens authorized by the TPA must be free from legal challenge if Bethel Park is to rely on them as a dependable source of revenue.

The issuance of general obligation debt requires the expenditure of substantial funds which would be unrecoverable if successful challenges occurred after the issuance of the same.

A reduction in one property owner's assessment might increase all other property owners' assessments which could exceed the assessment limits set by the notice requirements of TPA.

A method for challenging the district, assessments or any other substantive provision of the district is required.

The time to challenge any substantive aspect of the financing for the district must be limited and should expire prior to the issuance of public debt or the expenditure of substantial unrecoverable funds.

An appeals process should be instituted which must limit repetitive and time-consuming appeals by multiple property owners.

The appeals process should be inexpensive and open to all property owners who will be assessed regardless of the size of the assessment.

The appeals process should be structured so as not to overburden the courts with multiple and repetitive appeals.

The time for an aggrieved person to appeal should be restricted so that any such appeals can be consolidated and heard by the court in an expeditious fashion.

The issuance of general obligation debt independent of the district but consistent with the MYP, pursuant to the Debt Ordinance and the advancement of a portion or all of the same to the district after the formation of the district will result in a savings in long-term interest and debt issuance charges and shall result in lower special benefit assessments to all benefitted users.

ASSESSMENTS — The assessments imposed by this ordinance upon the individual benefitted users under the TPA commensurate with either:

BENEFITTED USER — As the context demands, either:

BILLING or BILLINGS — The process and the invoices used therein for the collection of all or part of the installments of the assessments from the benefitted users.

COMPLETION BONDS — Any bonds or notes issued by Bethel Park to complete the project.

DEBT ORDINANCE — A separate, independent legislative enactment under the authority of the Local Government Unit Debt Act, 53 P.S. § 6780-1 et seq.,[4] which will supply funds for the local share costs.

DISTRICT — The Oxford Drive Transportation District, the specific boundaries of which are set forth in Section 69.36A.4 hereof.

FISCAL YEAR — Any year commencing on January 1 and ending on the next succeeding December 31.

LIENS — The municipal liens or notice thereof filed by Bethel Park in the Allegheny County Prothonotary's Office to secure the assessment.

FINANCING — Bethel Park's Highway Improvement General Obligation Bond, Series 1999, including, without limitation, interest earned thereon, as raised pursuant to the Debt Ordinance once such proceeds are deposited into the Construction Fund as established in Section 69.36A.7 hereof.

CLOSING — The event of issuance and delivery of the financing method and the time of occurrence of such event.

OPERATIONAL YEAR — Any year commencing on an January 1 and ending on the next succeeding December 31.

PROJECT — The project described in the MYP consisting of seven project elements.

REFUNDING BONDS — Any bonds or notes issued by Bethel Park to refund bonds, completion bonds or refunding bonds, including the payment of financing costs and funding of necessary reserves.

SALE (OF THE FINANCING) — In the case of an issuance of a note or bond, shall mean the event of Bethel Park entering into a binding contract with the purchaser of the note or bond, for the issuance of the note or bond, and the time of occurrence of such event.

TRIPS — The peak-hour traffic generation assigned to specific properties hereby and from time to time by Bethel Park as the basis for the assessments.

ZONING HEARING BOARD — The Zoning Hearing Board of the Municipality of Bethel Park.

All land identified by Allegheny County block and lot number on the list included within Exhibit A attached hereto and as shown in the aggregate on the map (hereinafter "District Map") included within Exhibit A which is made a part hereof.[5]

The roadways and associated rights-of-way of the public roads listed on the map attached to Exhibit A, which is attached hereto and incorporated herein.[6]

Any and all land not described above which is now or hereinafter acquired by Bethel Park or the County of Allegheny, whether by deed, gift, dedication, eminent domain or otherwise, for the purpose of constructing the project, including any rights-of-way incident to such acquisition, except that such land shall not become part of the district until acquired by the appropriate government unit having ownership of the project element or pertinent part thereof for which such land is acquired; provided, however, nothing in this subsection shall increase any property owner's maximum assessment as set forth in the hearing notice and no property owner may be added to the district without his or her consent, it being the sole purpose of this subsection to allow minor adjustments in district boundaries to accommodate right-of-way adjustments caused by changes in project element design.

Establishment of program. There is hereby established Bethel Park's 1999 Project Improvement Program (hereinafter the "project improvement program") for the district, consisting of the implementation of the project together with all financing, assessment, collection and operational activities necessary or desirable to execute such implementation. Local share financing for the project improvement program is provided for in the Debt Ordinance.

Timing of project elements. The construction of project elements 1 through 7, inclusive, shall be done as quickly as possible given r-o-w, design and permitting constraints.

Establishment of assessment plan. Bethel Park hereby establishes the 1999 Oxford Drive Transportation District Assessment Plan (hereinafter "assessment plan") for imposing fair and reasonable assessments on each benefitted property in the district, as authorized by the TPA at 53 P.S. § 1623 as described herein, and hereby imposes the assessments so described upon the benefitted users. The assessments imposed hereby are determined, pursuant to the financial plan, evidence educed at the hearing required by the TPA and the studies developed by Bethel Park and its consultants and staff. All findings of the financial plan and the studies and Exhibit A are adopted hereby as findings of Bethel Park as if fully set forth in Section 69.36A.2 hereof.

For the existing deficiencies portion of the assessment plan, each benefitted user shall be deemed to have the total number of trips which are set forth in Exhibit A attached hereto and made a part hereof (hereinafter "original assignment").[7]

For the new capacity portion of the assessment plan, the Project Improvement Program shall create, and Bethel Park hereby creates, the capacity in the district to handle 762 units of p.m. peak-hour traffic, as that term is used in the studies and Exhibit A hereto. Each benefitted parcel of land within the district is hereby assigned the additional traffic which shall be generated by them as such are set forth and assigned in Exhibit A hereto.

Assessments are hereby imposed against each benefitted parcel of land in the district as set forth in Exhibit A.

The maximum annual assessment for each benefitted user is set forth in Exhibit A attached hereto and made a part hereof.

For the purpose of determining assessments, the costs of project elements are aggregated as set forth in Exhibit A. For any project element, funds may be transferred among these project element categories, including construction, fees and design, utilities, r-o-w, and construction supervision. Subject to the limitations of this section concerning billings, as hereinafter defined, any cost savings in any one of the project elements set forth in Exhibit A may be expended on any other project element; provided, however, that no assessment may be based upon costs higher than the aggregated total of the then completed portions of the project elements set forth in Exhibit A.

The total capital assessment per property is determined by:

The maximum annual cost per property is determined by the capital assessment and then multiplying that result by the maximum annual cost per capital dollar as shown in Exhibit A.

The gross maximum assessment against any property in the district shall be as shown as the "maximum twenty-year assessment" of Exhibit A.

Assessments shall be collectable in annual installments (or more frequently at Bethel Park's discretion) from each property as set forth in the column marked "Annual Cost" of Exhibit A hereof.

Assessments shall not be due unless and until billed by Bethel Park. Notice of collection of assessments (hereinafter "billings") shall be deposited in the U.S. mail, first-class postage prepaid, pursuant to the schedule, and the amounts so billed shall be immediately due. Bethel Park shall not grant a discount to any property owner for making an early payment of billed assessments unless otherwise required by law. Bethel Park shall impose interest and a 10% penalty on the late payment of any billing to the fullest extent and at the maximum interest rate provided by law. The Solicitor of Bethel Park, on behalf of Bethel Park, is hereby authorized and directed pursuant to the TPA, the Municipal Lien Law, 53 P.S. § 7101 et seq., and any other Pennsylvania statute to enter promptly in the Prothonotary's office a municipal lien (hereinafter "liens") in the form hereinafter described, or a notice thereof to secure all of the assessments then imposed but not fully paid. Upon the written request of any landowner whose assessment is prepaid, Bethel Park shall provide written proof of assessment payment. From time to time and in the same manner as for real estate taxes, Bethel Park may issue a "no past due billings" letter and may charge a fee therefor in accordance with its regulations.

The assessments pertaining to any particular parcel shall be prepayable prior to the sale at a prepayment price shown in the column marked "Annual Cost" of Exhibit A. After the sale, no assessment shall be prepayable under any circumstances whatsoever except at the full amount thereof or, upon the approval of Bethel Park Council at its sole discretion, at such lesser amount as determined by the underwriter which would defease that property owner's past unpaid and future capital obligations, including, without limitation, any penalty and interest due thereon.

There shall be established by Bethel Park such separate accounts as it deems necessary for the use and operation of the district and the implementation of the project improvement program.

Bethel Park shall not comingle funds in these accounts with any other accounts created by Bethel Park. Any interest earned in any fund shall remain in the fund and be expended for proper fund purposes. Bethel Park shall deposit in such separate account or accounts from time to time sufficient proceeds from the sale of the note or bond which, when coupled with account interest, will meet the local share obligations under the MYP. Should additional construction funding be available from other sources not requiring assessments for repayment, or should project costs be lower than budgeted, Bethel Park may withdraw from the construction account such debt ordinance proceeds and interest thereon as are no longer required for completion of the project. No assessments shall thereafter be levied on such withdrawn proceeds. Any moneys deposited in any surplus fund account shall only be used for the expenditures set forth in Section 69.36A.10(3) hereof.

In the event that a court reduces or eliminates an assessment on a property, the assessment per dollar of real estate assessment valuation or percentage of project cost, as appropriate, shall be automatically revised upward (not to exceed the maximum assessment per dollar of real estate assessment valuation or percentage of project cost as appropriate included in the hearing notice) to cover any deficiency created by court order.

The liens, individually and collectively, shall be of such form and substance as shall be specified by regulation and shall be enforced by Bethel Park in the manner set forth in the regulations, but shall nevertheless be always at least in the full amount of the corresponding unpaid assessments and shall provide for any reductions thereof made pursuant to reductions of assessments to be implemented by endorsements or other attachments thereto that do not affect the effective dates of such liens.

Any and all moneys paid to Bethel Park pursuant to the assessments shall be immediately deposited into one of the separate accounts established for such pursuant to this ordinance.

Reallocation of percentage of project cost upon subdivision. Promptly upon subdivision of any assessed parcel by a benefitted user, Bethel Park may in its sole discretion assign the percentage of project cost assigned to the original parcel to the resulting parcels and, moreover, retain the original assessment and Lien on such original parcel against the resulting parcels jointly; provided, however, that Bethel Park, upon the request of a benefitted user corresponding to such a subdivided lot who has constructed improvements thereon and received an occupancy permit therefor, which improvement generates at least 80% of the total percentage of Project cost assigned to such subdivided lot, shall release that lot from joint liability and shall lower the original assessment and Lien by the amount of the assessment now severally assigned to that developed lot.

Refund payments. Should funds remain in the construction fund after both all of the note(s) and/or bonds are fully paid and all cost overruns previously paid by Bethel Park are reimbursed, Bethel Park shall refund to all benefitted users on a prorated basis any such surplus funds. The proration shall be based upon a percentage refund calculated by using as the numerator the total amount of assessments actually paid by the benefitted user and the sum of the total assessments paid by all benefitted users as the denominator. Refunds shall be made at the end of each calendar year in which Bethel Park Council determines that a surplus is available. Should any Benefitted User owe any assessment or other financial obligation to Bethel Park, any refund shall first be applied to that obligation. Refunds shall only be made to the owner of record as determined by the owner listed in the Allegheny County Assessor's office as of the year and date in which the Council determines a surplus is available for refund.

Registration for notice of refunds. Should any benefitted user selling his or her property desire notice that a refund is being made, such person must notify Bethel Park by certified mail, return receipt requested, of that fact in a form established by Bethel Park regulation containing no less than a proper mailing address for such refund notice and a release from liability should a refund notice not be sent. Bethel Park shall thereafter, if and when a refund is made, send a notice of said refund and the amount thereof to the address listed. Bethel Park shall not be responsible for the allocation of any refund among property owners for any reason whatsoever or be liable for any damages should notice not be sent.

From time to time, Bethel Park may by resolution of Bethel Park Council establish, amend, modify and revoke reasonable regulations and forms governing:

No such regulation shall modify an assessment on a property within the district except as otherwise permitted and provided herein, nor shall any such regulation grant an exception, exclusion or preference to any property within the district or otherwise be contrary to the provisions of the TPA, this ordinance or the debt ordinance.

Right of appeal. Any person aggrieved by the adoption by the Council of this ordinance, a final multi-year transportation improvement program and financial plan, a final benefit formula and a final district boundary map (hereinafter "documents") shall have the right to challenge the validity of any of the documents or any assessment to be levied against said person's property by an appeal to the Zoning Hearing Board of the Municipality of Bethel Park. Such challenges may include but shall not be limited to any constitutional issues relating to the validity of the Transportation Partnership Act, the designation of district boundaries and the determination of benefitted properties, the reasonableness of the multi-year transportation improvement program and financial plan and the assessment formula as it applies to individual properties notwithstanding the overall validity of assessments on other properties.

Exclusive remedy. The appeals rights set forth in Subsection 69.36A.12(1) of this section shall be the exclusive means to challenge the validity of any of the documents or of any substantive provision of the TPA or the Oxford Drive Transportation District; provided, however, that nothing in this ordinance shall be deemed to abridge or restrict the rights of property owners, as set forth in TPA Section 3(e), 53 P.S. § 1623(e), to file a written protest against this ordinance or to file a procedural challenge to the enactment of this ordinance pursuant to Bethel Park's Home Rule Charter. Nothing in this ordinance shall modify or affect any protest waiver previously executed by any benefitted user, nor shall this ordinance be deemed a release from any provision of any protest waiver whatsoever.

Notice to property owners and advertisement of right of appeal. Within 10 days after the adoption of the documents by Bethel Park, the Bethel Park Manager is hereby authorized and directed both to advertise the rights of appeal set forth in Subsection 69.36A.12(1) above and to mail a copy of the documents plus a revised notice of proposed assessment, if appropriate, to all benefitted property owners by first-class mail, postage prepaid, to the person and address listed in the Allegheny County real property assessment records. The mailing to property owners shall inform the property owner that he or she has the appeal rights set forth in Subsection 69.36A.12(1) of this section. The notice of appeal rights (hereinafter "appeals notice") shall be advertised twice not sooner than two weeks apart in a newspaper of general circulation in Bethel Park. The appeals notice shall include a map showing the boundaries of the final district, a listing of all properties within the district by Allegheny County block and lot number with a statement of the annual and gross assessment which may be levied, including the maximum term of the financing thereof. The appeals notice shall be the official notice of the appeal process, and the failure of any property owner to receive written notice as set forth herein shall not toll the time for appeal nor be grounds for an appeal nunc pro tunc.

Time for appeal. The time for appeal shall run for a period of 30 days from the date the appeals notice is first advertised. No appeals may be filed thereafter.

Rules and regulations governing appeal. No appeals shall be heard until the expiration of the thirty-day appeal period. The Zoning Hearing Board shall schedule all hearings in the most expeditious fashion to allow the earliest possible resolution. The Zoning Hearing Board may, on its own motion, consolidate appeals or portions of appeals which raise similar issues. Notice of any hearing on an appeal shall be advertised in a newspaper of general circulation one time at least two weeks prior to the hearing. Without restricting the right of an appellant to prosecute his or her case as he or she sees fit, if an appellant is challenging the assessment formula as it applies to his or her property and or use, the appellant must include, at the time the challenge is filed, a traffic report in accordance with the methodology outlined in the Bethel Park Manager's regulations adopted as part of the Oxford Drive Transportation District Overlay Ordinance and the Bethel Park Traffic Study Ordinance, of the Bethel Park Code, incorporated herein as if fully set forth below. The Bethel Park Manager may extend the time for the filing of the traffic report upon just cause shown. The Zoning Hearing Board may establish additional rules and regulations governing the conduct of appeals as it deems appropriate. The Zoning Hearing Board shall hear such appeals and issue such decisions containing findings of fact, conclusions of law and a decision invalidating any or all of the documents, and may confirm, reduce or eliminate assessments based upon the standards of benefit established by the United States and commonwealth Constitutions and the general case law of the commonwealth for benefit assessments. All appeals will be governed by the Local Agency Law, 2 Pa. C.S.A. § 105 et seq. Decisions of the Zoning Hearing Board shall be appealable to court in accordance with the Judicial Code, 42 Pa. C.S.A. § 101 et seq., and the Local Agency Law. The Zoning Hearing Board may, on the request of any party, issue subpoenas under the authority of Bethel Park Council and in like manner. Bethel Park shall make its employees and consultants available at any hearing upon the reasonable request of any appellant.

Intervention. In all appeals, Bethel Park shall be deemed an adverse party with or without the appearance of its Solicitor in the proceeding and shall have the right to appeal the decision of the Zoning Hearing Board to Court. Any other property owner within the Oxford Drive Transportation District who would have a right to appeal under the terms of this ordinance shall have the right to intervene in any appeal and participate at the hearing by appearing at the hearing and entering a written notice of appearance. The Board may prescribe rules governing intervention by property owners.

Filing fees. The Zoning Hearing Board may charge a reasonable fee with respect to any hearing which may include only the stenographer's appearance fee, notice and advertising cost and necessary administrative overhead connected with the hearing.

Zoning Hearing Board expenses. Upon approval by Bethel Park Council of a budget proposed by the Board, which budget may be modified by Bethel Park Council prior to approval, the Zoning Hearing Board may retain its own Solicitor to advise it concerning any appeals it may hear.

Preservation of legislative powers. Nothing in this ordinance shall grant any person the right to appeal any aspect of the formation of a Transportation District or the determination of policy which would be deemed a legislative act under the laws of the commonwealth.

Standing. This ordinance does not confer standing upon anyone to file an appeal who would not have had standing to file an appeal to court should this exclusive appeal process not have been established.

Allowance of a columbarium as a permitted accessory use associated with permitted churches and similar places of worship.

Allowance of a columbarium as a permitted accessory use to a permitted cemetery.

Not permitted in front yard areas, with the exception of corner lots. Within corner lots, it cannot be located in front of the front face of the building.

Other yard areas: same setbacks as for an accessory building within the district in which it is located.