Carlisle City Zoning Code
ARTICLE XXVIII
Administration and Enforcement
§ 255-240 Intent.
It is the purpose of these regulations to prescribe the procedures by which the administration of this chapter shall take place. Nothing contained within this article shall be interpreted as limiting the adoption of administrative regulations which do not supersede required stated procedures.
§ 255-241 Zoning Officer.
A.
The duty of administering and enforcing the provisions of this chapter is hereby conferred upon the Zoning Officer and Assistant Zoning Officer, who shall have such powers as are conferred upon him or her by this chapter in accordance with its literal terms. The Zoning Officer and Assistant Zoning Officer shall not have the power to permit any construction or any use or change of use which does not conform to this chapter. Any references in this chapter to Zoning Officer shall also include Assistant Zoning Officer as if fully set forth therein.
[Amended 1-12-2023 by Ord. No. 2414, approved 1-12-2023]
B.
Duties. The duties of the Zoning Officer shall be to:
(1)
Examine all applications for permits.
(2)
Issue permits only for construction and uses which are in accordance with the regulations of this chapter and other applicable ordinances, as may be subsequently amended.
(3)
Record and file all applications for permits with the accompanying plans.
(4)
Issue permits for uses by special exception only after such uses and buildings are approved by the Zoning Hearing Board in accordance with the regulations of this chapter.
(5)
Receive all required fees and issue all necessary stop orders.
(6)
Inspect nonconforming uses, buildings, lots and signs; issue certificates to their owners; keep a filed record of such nonconforming uses, lots, signs and buildings as a public record; and examine them periodically when he or she so chooses.
(7)
Upon the request of the Planning Commission or of the Zoning Hearing Board, present such body facts, records and any similar information on specific requests to assist such body in reaching its decision.
(8)
Be responsible for keeping up-to-date this Zoning Ordinance and accompanying Zoning District Map.
(9)
Exercise all powers conferred upon the Zoning Officer by state law.
§ 255-242 Appeals.
Any appeal from a decision or action of the Zoning Officer shall be made directly to the Zoning Hearing Board or as otherwise provided by state law.
§ 255-243 Enforcement procedures; notice; causes of action; jurisdiction and remedies.
A.
Complaints regarding violations. Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the Zoning Officer.
B.
Enforcement notice. If it appears to the Zoning Officer, as a consequence of a complaint under the preceding subsection or for any other reason, that a violation of this chapter, or of a prior zoning ordinance, has occurred, the Zoning Officer shall initiate enforcement proceedings by sending an enforcement notice as provided hereafter.
C.
Recipient of enforcement notice. 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, to any other person requested in writing by the owner of record and to any other person or entity deemed appropriate by the Zoning Officer.
D.
Contents of enforcement notice. An enforcement notice shall state at least the following:
(1)
The name of the owner of record and any other person against whom the municipality 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)
That the recipient of the notice has the right to appeal to the Zoning Hearing Board within seven days, for a hearing and review of the Zoning Hearing Officer's determination of violation. The appeal shall be filed upon actual receipt, within prescribed seven day period, by the Borough of a notice of appeal, in writing, setting forth the basis of the appeal and requesting a hearing before the Zoning Hearing Board.
(6)
That 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.
E.
Causes of action. In case any building, structure, landscaping or land is or is proposed to be erected, constructed, reconstructed, altered, converted, maintained or used in violation of this chapter, or prior zoning ordinance, the Borough Council or, with the approval of the Borough Council, the Zoning Officer or any aggrieved owner or tenant of real property who shows that his or her property or person will be substantially affected by the alleged violation, in addition to any other remedies, may institute any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure, landscaping or land or to prevent, in or about such premises, any act, conduct, business or use constituting a violation. When any such action is instituted by a landowner or tenant, notice of that action shall be served upon the Borough at least 30 days prior to the time the action is begun by serving a copy of the complaint on the Borough Council. No such action may be maintained until such notice has been given.
F.
Jurisdiction. District Justices shall have initial jurisdiction over proceedings brought under the succeeding subsection.
G.
Enforcement remedies.
(1)
Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this chapter, or a prior zoning ordinance, or other prior ordinance as such ordinance relates to planned residential developments, shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Borough, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Borough as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Borough may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the District Justice determining that there has been a violation further determines that there was a good-faith basis for the person, partnership or corporation violating the chapter, or prior zoning ordinance or other prior ordinance relating to planned residential developments to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the District Justice, and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney fees collected for the violation of the chapter, or prior zoning ordinance or other prior ordinance relating to planned residential developments shall be paid over to the Borough.
(2)
The Court of Common Pleas of Cumberland County, upon petition, may grant an order of stay, upon cause shown, telling the per diem fine pending a final adjudication of the violation and judgment.
(3)
Nothing contained in this subsection shall be construed or interpreted to grant to any person or entity other than the Borough the right to commence any action for enforcement pursuant to this subsection.
(4)
Imprisonment shall not be authorized under this chapter.
§ 255-244 Permits.
A.
Requirements for zoning permits. A permit under this chapter shall be required in conjunction with any required building permit, special exception or variance or for any new use or change of use prior to the erection, construction or alteration of any building, structure or any portion thereof, prior to the moving of a building into the Borough, from one place in the Borough to another, prior to the change or extension of a nonconforming use (if permitted elsewhere in this chapter) and prior to any initial use or change of use, and shall be issued prior to or simultaneously with any other required permits.
[Amended 3-10-2005 by Ord. No. 2031, approved 3-10-2005]
B.
Application for permits. Applications for permits and variances shall be made in writing to the Zoning Officer on such forms as may be furnished by the Borough. Such application shall include building and plot plans of a satisfactory nature in duplicate and shall contain all information necessary for such official to ascertain whether the proposed erection, alteration, use or change in use complies with the provisions of this chapter. No permit shall be considered complete or permanently effective until the Zoning Officer has certified that the work meets the requirements of applicable codes and ordinances.
C.
Applications to the Zoning Hearing Board. Every appeal or application before the Zoning Hearing Board shall include the following:
(1)
The name and address of the applicant or appellant.
(2)
The name and address of the owner of the property to be affected by such proposed change or appeal, if not the same as above.
(3)
A brief description and location of the property to be affected by such proposed change or appeal.
(4)
A statement of the present zoning classification of the property in question, the improvements thereon and the present use thereof.
(5)
A statement of the section of this chapter under which the appeal is made and reasons why it should be granted, or a statement of the section of this chapter governing the situation in which the alleged erroneous ruling is being appealed and the reasons for this appeal.
(6)
A reasonably accurate description of the additions or changes intended to be made under this application, indicating the size, material and general construction of such proposed improvements. A plot plan of the property to be affected, indicating the location and size of the lot and the size of existing and intended improvements, shall be attached to the description.
D.
Issuance of permits.
(1)
No permit under this chapter shall be issued except in conformity with the regulations of this chapter, except after written order from the Zoning Hearing Board or the courts.
(2)
Permits for permitted by right uses not requiring site plan review by the Planning Commission shall be granted or refused within 30 days after date of application, provided that all needed zoning variances have been received. In case of refusal, the applicant shall be informed of his right to appeal to the Zoning Hearing Board.
(3)
No permit under this chapter shall be issued for any building subject to the jurisdiction of the Pennsylvania Department of Labor and Industry until the approval of said Department has been granted and the permit number recorded on the permit application, provided that this provision shall not apply where the Borough permit is a prerequisite to that of the state.
E.
Expiration.
(1)
Permits. No permit under this chapter for the erection, razing, change, alteration or removal of buildings shall be valid or effective after six months from the date of issuance thereof and shall thereafter be void, unless the work authorized by such permit shall have been substantially commenced within six months from the date of issuance and proceeded with, with due diligence. If, however, the applicant has been delayed in proceeding with the work for which the permit was granted by reason or any reasonable cause not due to his or her own negligence, the permit may be renewed without additional cost to the applicant.
(2)
Expiration of variances and special exceptions. No variance or special exception shall be valid or effective unless a permit under this chapter and a building permit shall be obtained and issued within six months of the decision of the Zoning Hearing Board or court granting the variance or special exception. If, however, the applicant has been delayed in obtaining the permit under this chapter and building permit for some reason beyond the applicant's control, the Zoning Officer may extend the time for obtaining the permit under this chapter and building permit beyond the six-month period.
F.
Temporary permits. A temporary permit may be authorized by the Zoning Hearing Board as a special exception for a nonconforming structure or use which it deems beneficial to the public health or general welfare or which it deems necessary to promote the proper development of the community, provided that such nonconforming structure or use shall be completely removed upon expiration of the permit without cost to the Borough. Such a permit shall be issued for a specific period of time not exceeding six calendar months and may be renewed for an aggregate period of not more than two years.
§ 255-245 Fees.
A.
The Borough Council shall determine a schedule of fees, charges and expenses as well as a collection procedure for special permits, variances, amendments and other matters pertaining to this chapter. Said schedule of fees shall be posted in the office of the Zoning Officer.
B.
The Borough Council shall be empowered to reevaluate the fee schedule and make necessary alterations to it. Such alterations shall not be considered an amendment to this chapter and may be adopted at any public meeting of the Borough Council by motion, resolution or ordinance.
C.
The required fees for zoning district amendments may vary according to advertising costs and shall be kept up-to-date by the Borough Council and the Zoning Officer. All such fees shall be paid into the Borough Treasury.
D.
Special exceptions and variances shall be issued only after fees have been paid in full, and the Zoning Hearing Board shall take no action on appeals until preliminary charges have been paid in full.
E.
The appearance fee for a stenographer in the case of a hearing before the Zoning Hearing Board shall be shared equally by the applicant or appellant and the Board. The cost of the original transcript shall be paid by the Board if the transcript is ordered by the Board or hearing officer or shall be paid by the person appealing from the decision of the Board if such appeal is made, and in either event the cost of additional copies shall be paid by the person requesting such copy or copies. In other cases, the party requesting the original transcript shall bear the cost thereof.
§ 255-246 Amendments.
A.
Power to amend. The regulations, restrictions, boundaries and requirements set forth in this chapter may, from time to time, be amended, supplemented, changed or repealed through amendment by the Borough Council.
B.
Submission of amendment request. Any request for amendment, including supplement, change or repeal, except amendments proposed by the Borough Council, the Borough staff or the Planning Commission, shall contain as fully as possible all the information requested by the Zoning Officer and shall be signed by at least one record owner of the property in question whose signature shall be notarized, attesting to the truth and correctness of all the facts and information presented in the petition. A fee established by the Borough Council shall be paid upon the filing of such petition for change and for the purpose of defraying the costs of the proceedings prescribed herein. Any petition for amendment shall include the following:
(1)
A statement of why the change would be in the best interests of the Borough.
(2)
A statement of how the proposal will relate to the Comprehensive Plan.
(3)
A statement addressing any adverse effects on adjacent residences.
(4)
A statement addressing any major traffic access or congestion concerns.
(5)
A map showing the proposed boundaries of any proposed map changes and the existing and adjacent zoning and adjacent land uses.
(6)
A sketch plan showing proposed uses and buildings on land controlled by the applicant.
(7)
Traffic study.
(a)
The Planning Commission or Borough Council shall require an applicant requesting a zoning amendment to fund a traffic study projecting the impacts of the proposed zoning changes compared to the existing zoning where the amendment would involve any of the following:
(b)
A traffic study shall not be required by this section where it would only involve a change from one type of commercial district to another or one type of industrial district to another.
(c)
Such a study shall also consider the impact of any additional access points that can be reasonably expected onto an arterial street.
(d)
Such a traffic study shall meet the requirements set forth below:
[1]
Costs. The full costs of completing the study and of a review by the Borough Engineer or other Borough representative shall be borne by the applicant.
[2]
Selection of engineer. The Borough Manager shall provide a list of four or more persons or firms that are qualified traffic engineers or traffic planners. The applicant shall select one of the persons or firms from this list.
[3]
Study area. Prior to initiation of the traffic study, the traffic engineer or planner shall meet with the Borough Engineer to establish the area to be studied. This area shall be limited to streets and intersections within a maximum of 1/4 mile of the proposed project boundaries, except for a use projected to generate more than 3,000 trips per day which shall have a maximum study area of one mile from the project boundaries.
[4]
Joint studies. Joint traffic studies between different applicants are strongly encouraged. If a recent and relevant study is available, that information may be used, if applicable, as a basis for this required study.
[5]
Fees. In place of individual traffic studies, the Borough Council may require that an applicant provide a fee in lieu of a study. This fee shall only be used toward the costs of traffic studies sponsored by the Borough. Any such fee shall be established by resolution or ordinance of the Borough Council.
[6]
Project description. Any study shall include a description of the proposed development, its proposed access and the surrounding street system. If a development is proposed to occur in stages, each stage shall be described and taken into account in the study. If the applicant owns other lands within the study area, reasonable assumptions shall be made about how that land can be expected to be developed and shall be taken into account.
[7]
Existing traffic conditions. The traffic volumes and service levels during the a.m. and p.m. peak hours shall be presented for all streets and intersections in the study area that can reasonably be expected to be significantly impacted. Traffic volumes shall be based upon actual counts that occurred within the prior two years and not upon state estimates. The locations of all accidents reportable to the state police within the study area during a recent two-year period shall be noted.
[8]
Expected traffic generation. The study shall include an estimate of the number of trips expected to be generated by the use and any future stages during the a.m. and p.m. peak hours. Such estimates shall be based upon the latest published estimates of the Institute of Transportation Engineers or its successor entity.
[9]
Projected effects. The study shall take into account not only the use proposed by the applicant, but also other uses and developments that have received building permits or preliminary subdivision or land development approval from a municipality. The study shall project a.m. and p.m. peak hour traffic volumes and levels of service on impacted intersections and streets. If the traffic generation by the development would be more than 30% greater during any hour other than the a.m. or p.m. peak hours on adjacent streets, the study shall analyze both the peak hours for the development and for adjacent streets. The study shall project what directions the traffic generated will head towards.
[10]
Levels of service. The study shall use the description of the levels of service (A, B, C, D, E and F) for streets and highways established by the United States Department of Transportation.
[11]
Signal warrants. Heavily traveled intersections at entrances to the development and other major unsignalized intersections in the study area shall be studied to determine whether a traffic signal is warranted by PennDOT criteria.
[12]
Needed improvements. The study may take into account traffic improvements which are clearly funded and will occur within the next two years. The study shall include suggestions for how each congested or hazardous intersection in the study area should be improved to reduce the hazard or congestion, along with a rough estimate of the cost of that improvement.
[13]
Applicant's response. The applicant shall respond to the traffic study with proposals on what traffic improvements, right-of-way dedications or commitments of financing for specific projects the applicant proposes to commit to resolve the negative traffic impacts of the proposed development. Such improvements or financing may be staged in relation to the stages of the development. The applicant may also agree to commit towards the long-term support of a program to reduce peak-hour traffic by private vehicles through programs such as van pooling, support of mass transit or staggered work hours, in place of certain structural improvements.
C.
Procedure for amendment. The following requirements shall be observed in making any amendment to this chapter:
(1)
The Borough Council may, upon petition signed by the owners of a majority of the properties according to frontage in any district or portion thereof, and may, upon its own initiative or upon the recommendation of the Planning Commission, prepare an ordinance amending, supplementing or changing the district boundaries or the regulations herein established.
(2)
Other than recommendations for amendments originating with the Planning Commission, all proposed amendments, supplements or changes or a proposal to repeal this chapter, or part thereof, must be submitted to the Carlisle Planning Commission for its review and recommendations prior to taking final action on such requests. The Planning Commission shall consider whether or not the proposed change or amendment would be, in the view of the Planning Commission, consistent with and desirable in furtherance of the plan for future land use.
(3)
No action to amend or change this chapter shall become effective until after public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard.
§ 255-247 Zoning challenges.
§ 255-248 Zoning Hearing Board.
A.
Administration and procedures.
(1)
Creation of Board. A Zoning Hearing Board shall be appointed by the Borough Council in the manner prescribed by law. The existing Zoning Hearing Board shall continue as the Borough's Zoning Hearing Board.
(2)
Membership, duties, procedures, organization and power. The membership, duties, procedures, organization, powers, etc., of the Zoning Hearing Board shall be as provided elsewhere in this chapter and under the Pennsylvania Municipalities Planning Code.[1] The membership of the Zoning Hearing Board shall consist of five members. The term of office of a member shall be five years, and the term of one member shall expire each year. Future appointments shall be for periods designed to accomplish this result.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
Special exceptions and variances within the Floodplain Conservation District. No special exception, as provided for in this chapter, or variance shall be granted within District FP-1 (Floodway) if any increase in the one-hundred-year flood elevation would result.
§ 255-249 Expiration of variances and special exceptions.
No variance or special exception shall be valid or effective unless a permit under this chapter and a building permit shall be obtained and issued within six months of the decision of the Zoning Hearing Board or court granting the variance or special exception. If, however, the applicant has been delayed in obtaining the permit under this chapter and a building permit for some reason beyond the applicant's control, the Zoning Officer may extend the time for obtaining the permit under this chapter and building permit beyond the six-month period.
§ 255-250 Variances.
A.
The Board shall hear requests for variances filed with the Board in writing by any landowner or any tenant with the permission of such landowner, which allege that the provisions of this chapter inflict unnecessary hardship upon the applicant.
B.
Grant of variances.
(1)
The Board may grant a variance only if the following findings, where relevant, are made:
(a)
There are unique physical circumstances or conditions, including irregularity, narrowness or shallowness of lot size or shape or exceptional topographical or other physical conditions peculiar to the particular property, and that the unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of this chapter in the neighborhood or district in which the property is located.
(b)
Because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the Zoning Ordinance, and a variance is therefore necessary to enable the reasonable use of the property.
(c)
Such unnecessary hardship has not been created by the appellant.
(d)
The variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare.
(e)
The variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.
(2)
In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter.
§ 255-251 Planning Commission.
A.
Creation of Planning Commission; incorporation of Ordinance No. 1175, Section 1. Section 1 of Ordinance No. 1175[1] is incorporated herein and made a part herein, of the existing Planning Commission to continue as the Borough Planning Commission: "A Borough Planning Commission, to be composed of seven members, is hereby created for the Borough of Carlisle. Such Commission shall be appointed as prescribed by law and shall perform all the duties and may exercise all the powers and functions vested by law in planning agencies for Boroughs."
[1]
Editor's Note: Ordinance No. 1175 is on file in the office of the Borough Secretary.
B.
Duties, procedures, organization, powers and effects of Commission. The duties, procedures, organization, powers, effects, etc., of the Carlisle Planning Commission shall be as provided elsewhere in this or other ordinances and under the Pennsylvania Municipalities Planning Code, as amended.[2]
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 255-252 Notice of hearings.
Notice of all hearings of the Board shall be given as follows:
A.
Notice to the public shall be given in the form of a notice published once each week for two consecutive weeks in a newspaper of general circulation in the Borough. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
B.
Notice of such hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing.
C.
Personal service.
(1)
Notice shall be given by personal delivery or by regular first-class mail to the applicant and to any other persons or group, including civic or community organizations, who have made a written and timely request for such notice.
(2)
Notice should be given by personal delivery or by regular first-class mail to the Zoning Officer, Planning Commission, Borough Council and latest known owners of record of property within 200 feet radius of the lot lines of the subject property. The applicant shall provide a list to the Zoning Officer of the names and addresses of all property owners of record within 200 feet radius of the lot lines of the subject property. The applicant shall confirm these names and addresses with the records of the Cumberland County Assessment Office.
D.
In any matter which relates to a property which lies within 200 feet of the boundary of another municipality, except boundaries separated by a nonintermittent river, the Secretary of the Board of the Zoning Officer should transmit to the municipal clerk of this other municipality a copy of the official notice of the public hearing on such matters, prior to the hearing. The other municipality shall have the right to appear and to be heard at the public hearing.
E.
The Borough Council may, by resolution, establish a reasonable fee schedule based on cost, to be paid by the applicant for any notice required by this chapter and by persons requesting any notice not required by ordinance.
§ 255-253 Site plan review.
A.
Intent. Some uses warrant particular attention. A site plan review is required for these uses to ensure compliance with this chapter and to provide a review of items such as traffic access.
B.
Scope.
(1)
Before a permit under this chapter is issued for any use designated in this chapter as requiring site plan review, the procedures of this section shall be followed in order to more effectively administer, enforce and implement the purposes, intent and requirements of this chapter.
(2)
Any proposed development which constitutes a "land development" as defined in the Subdivision and Land Development Ordinance[1] shall not be required to follow the procedures of this section but shall follow the procedures of the Subdivision and Land Development Ordinance when that plan is submitted. Notwithstanding the requirement for a subdivision and/ or land development plan above, the Zoning Officer may require a site plan as part of any application for a permit, special exception application, or conditional use appeal when in his sole discretion, such information in a site plan is needed by the Borough Council, Zoning Hearing Board or Zoning Officer to render a decision on the application.
(3)
A site plan shall not be required for the routine replacement of one use by a use of the same type and intensity within an existing structure and without the addition of additional off-street parking spaces. A site plan shall not be required for crop farming nor orchards.
C.
When required. A site plan submittal shall be required for every nonresidential principal use or principal building and for every expansion greater than 20% in the total floor area of a principal building, except as specifically exempted by this section. This specifically includes every new or expanded industrial, office, retail, service or place of worship principal building and for animal husbandry. Site plans are also required for any townhouse or garden apartment principal buildings.
D.
Procedure for permitted by right uses requiring site plan review.
(1)
Application.
(a)
When the applicant applies to the Zoning Officer for a permit under this chapter, the applicant shall submit three complete sets of site plans.
(b)
Site plan approval shall neither relieve the applicant from any other provisions of this chapter nor constitute a recommendation for a variance or other relief that the applicant may seek from the Zoning Hearing Board.
(2)
Review.
(a)
The Zoning Officer shall review the site plan and issue or deny the permit under this chapter.
(b)
The decision of the Zoning Officer shall be in writing and shall be communicated to the applicant personally or mailed to him at his last-known address.
(c)
A decision to not grant a permit under this chapter should indicate the specific provisions of this chapter and other laws which have not been met and the specific reasons therefor, if requested by the applicant.
E.
Site plan requirements. The following information shall be included on the site plan, unless waived by the Zoning Officer or the Borough Engineer as not applicable or necessary:
(1)
A statement describing the proposed use.
(2)
Layout. A site layout drawn to a scale of one inch equals 50 feet, or another scale preapproved by the Borough Engineer or Zoning Officer, showing the location, dimensions and area of each lot; the location, dimensions and height of proposed buildings, structures and yards; and any existing buildings in relation to property and street lines.
(3)
Staging. If the application relates to property which is scheduled to be developed in successive stages, such plans show the relationship of the portion scheduled for initial development to the proposed layout of the entire property.
(4)
Buffer yards. Any methods and materials to be used for screening.
(5)
Landscaping. Description of the general numbers, locations and types of landscaping to be provided in off-street parking lots along streets and in other areas.
(6)
Use areas. The proposed functional use areas within the development, distinguishing between types of uses proposed with each functional area.
(7)
Parking. The location, size (numbers shown), arrangement and capacity of all areas to be used for vehicle access, off-street parking, off-street loading and unloading and provisions to be made for lighting such areas.
(8)
Streets. The location, rights-of-way and cartway widths of any proposed or abutting streets and designation of any streets proposed to be dedicated to the Borough.
(9)
Lighting. The dimensions (numbers shown), location and methods of illumination for signs and exterior lighting.
(10)
Sidewalks. The location and dimensions of sidewalks and all other areas to be devoted to pedestrian use.
(11)
Utilities. Provisions to be made for treatment and disposal of sewage and industrial wastes and water supply.
(12)
Dwellings. The arrangement of all buildings used or intended to be used for dwelling purposes, including the proposed density in terms of number of dwelling units per acre of land.
(13)
Nuisances. A description of any proposed industrial or commercial operations in sufficient detail to indicate effects of those operations in producing noise, glare, air pollution, smoke, fumes, water pollution, fire hazards, hazards from use of highly toxic or hazardous materials or chemicals or other safety hazards and to allow a general determination of the amounts and timing of traffic that can be expected.
(14)
Open space. For any common open spaces, the function, proposed improvements and proposals for ownership, maintenance and management of the land.
(16)
Drainage. All proposed site grading and drainage provisions and proposals. Proposals for maintenance, ownership and liability responsibilities for stormwater detention basins.
(17)
A key map showing the entire project and its relation to surrounding properties and existing buildings thereon.
(18)
Zoning districts and requirements.
(19)
Soils, slopes and floodplain area delineations.
(20)
Name of the person who prepared the site plan. (The Planning Commission or Borough Engineer may require the site plan be prepared by a licensed professional engineer or land surveyor or registered landscape architect.)
(21)
Certification of ownership or other form of control of the land by the applicant and acknowledgment of plan signed by owner or developer.
(23)
Such other data or information as the Zoning Hearing Board, the Planning Commission or the Borough Council may reasonably be required to allow a complete evaluation of how the development will comply with state law and Borough ordinances, how the use would relate to nearby uses and whether the use would present any threat to the public health and safety.
(24)
Truck traffic. The applicant shall estimate the amount of tractor-trailer traffic that will be generated.
§ 255-254 Conditional use procedure.
A.
The Borough Council may grant or deny applications for conditional uses pursuant to the standards and criteria set forth in this chapter and shall conduct a public hearing on the application after the required notice is giver. In granting a conditional use, the Borough Council may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter.
B.
Notice required. Prior to conducting a public hearing, the following notices shall be provided:
(1)
Public notice, as the same is defined by this chapter, shall be given.
(2)
Written notice of such hearing shall be given by personal delivery or by regular first-class mall to the applicant, the Zoning Officer, any person who has made timely request for the same and all last-known owners of record of property within a radius of 200 feet from the lot lines of the subject property. The applicant shall provide a list to the Zoning Officer of the names and addresses of all property owners of record within a radius of 200 feet from the lot lines of the subject property. The applicant shall confirm these names and addresses with the records of the Cumberland County Assessment Office.
(3)
Written notice of said hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing.
C.
The Borough Council shall keep a stenographic record of the proceedings. The appearance fee for a stenographer shall be shared equally by the applicant and the Borough. The cost of the original transcript shall be paid by the Borough if the transcript is ordered by the Borough or shall be paid by the person appealing from the decision of the Borough Council if such appeal is made, and, in either event, the cost of additional copies shall be paid by the person requesting such copy or copies. In all other cases the party requesting the original transcript shall bear the cost thereof.
D.
The Borough Council shall render a written decision within 45 days after the last hearing before the Borough Council and shall notify the applicant of its decision by way of first-class mail delivered to the applicant at his/her last-known address. The time period set forth herein may be waived in writing or on the record by the applicant. Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons therefor.
E.
The Borough Council may prescribe reasonable fees with respect to conditional use hearings. Fees for said hearings may include compensation for the Secretary, notice and advertising costs and necessary administrative overhead connected with the hearings.