Jim Thorpe City Zoning Code
ARTICLE XII
Administration
§ 500-168 Applicability.
A.
Conformance. Any activity regulated by this chapter shall only occur or be undertaken and be continued in conformance with the requirements of this chapter.
C.
Regulated activities. Any of the following activities or any other activity or matter regulated by this chapter shall only be undertaken after the required permit or approval has been obtained in full compliance with this chapter:
D.
Repairs and maintenance. (Note: A Uniform Construction Code permit may be required in cases where a zoning permit is not required.) Ordinary repairs, structural strengthening, facade improvements and maintenance to existing structures that do not infringe upon a required setback may be made without a zoning permit provided such activity does not involve 1) a change in use; 2) an expansion, construction, or placement of a structure; 3) an increase in the number of dwelling units or boarding house units; and/or any other activity regulated by this chapter.
§ 500-169 General procedure for permits.
A.
Applications. Within 20 calendar days of receiving any application, the Zoning Officer shall:
(1)
Principal permitted and accessory uses.
(a)
Issue the permit.
(b)
Deny the permit, indicating the reasons in writing to the applicant or his/her representative.
(c)
Provide written notice to the applicant or his/her representative that a permit cannot be issued or denied. The notice shall include instructions regarding the information necessary to bring the application to a point where the Zoning Officer can act on the application. The notice shall also include a time period for submission of the information to complete the application for Zoning Officer action. If the requested information is not provided by this deadline, the Zoning Office shall issue or deny the permit, as appropriate.
B.
Reviews. Certain activities require review and/or approval of the Zoning Hearing Board and/or of the Borough Council, and/or the recommendations of the Planning Commission. In such case, the Zoning Officer shall not issue a zoning permit until such required review or approval occurs.
C.
Appeal. See § 500-173B(2).
D.
Timing. After a zoning permit has been received by the applicant, the applicant may undertake the action permitted by the permit under this chapter provided the work complies with other Borough ordinances. However, it is recommended that applicants wait 30 days to begin construction if there is a possibility of an appeal by another party to have the permit revoked. Any commencement of construction or use within this thirty-day appeal period shall be at the risk of the applicant.
§ 500-170 Permits and certificates.
B.
Types of uses.
(1)
Principal permitted and accessory uses. If a use is classified as a principal permitted use or an accessory use by this chapter and meets the requirements of this chapter, the Zoning Officer act on the application in accord with § 500-169A(1).
(3)
Conditional use. A permit under this chapter for a conditional use shall be issued by the Zoning Officer only upon the written order of the Borough Council, after the Planning Commission has been given an opportunity to review the application.
C.
Applications.
(1)
Applications. Any request for action by the Zoning Hearing Board, application for a conditional use, or for a permit under this chapter shall be made in writing on a form provided by the Borough and in accord with the procedures established by the Borough. The completed application, with any required fees, and with any required site plans or other required information, shall be submitted to the Borough employee responsible for processing such application. The applicant is responsible to ensure that a responsible Borough official notes the date of the official receipt on the application.
(2)
Number of copies. Two copies of the site plan shall be submitted if action by the Zoning Officer is required, and eight copies of the site plan shall be submitted if action by the Zoning Hearing Board or Borough Council is required.
(3)
Information required. Any application to the Zoning Officer, Zoning Hearing Board, Planning Commission or Borough Council shall include the following information.
In the case of an application involving the construction of any new structure or any addition to an existing structure, all of the information required in this § 500-170C shall be provided by the applicant. However, the Zoning Officer, Planning Commission, Borough Council, or the Zoning Hearing Board, as the case may be, may determine, as part of the review process, that certain information is not required for a particular application, and upon such determination, the specified information need not be provided by the applicant.
In the case of an application which does not involve the construction of any new structure or any addition to an existing structure, a narrative providing details of the project shall be provided as required by this section. However, a plot plan, as required by § 500-170C(3)(f), shall not generally be required unless the Zoning Officer, Planning Commission, Borough Council, or the Zoning Hearing Board, as the case may be, deems such plot plan necessary to evaluate and make a decision on the application. The Zoning Officer, Planning Commission, Borough Council, or the Zoning Hearing Board, as the case may be, shall determine, as part of the review process, the type of information and level of detail of the plot plan if such plot plan is required.
In any case, the Zoning Officer, Planning Commission, Borough Council, or the Zoning Hearing Board, as the case may be, may require any other additional information or any level of detail deemed necessary to determine compliance with this chapter or to identify any impacts of the proposed use.
(a)
Names and address of the applicant, or appellant; and the name and address of the owner of the affected property.
(b)
A description of the existing and proposed use(s) of the property, including numbers of dwelling units, minimum square feet of proposed dwelling units and number of proposed business establishments, if any.
(c)
A description of any proposed nonresidential operations and storage in sufficient detail to indicate potential nuisances and hazards regarding noise, large truck traffic, glare, odors, dust, fire or toxic or explosive hazards or other significant public health and safety hazards.
(d)
If a principal nonresidential use is proposed within close proximity to dwellings, a description of hours of operation and proposed methods of storing garbage outdoors on-site.
(e)
A listing of any specific sections of this chapters being appealed, with the reasons for any appeal and
(f)
A plot plan legible in every detail and drawn to scale but not necessarily showing precise dimensions, and including the following information as needed to document compliance with this chapter:
[1]
Name of the development.
[2]
Name and address of landowner and/or land developer (if corporation give name of officers).
[3]
Location map.
[4]
North arrow, true or magnetic.
[5]
Graphic scale.
[6]
Written scale.
[7]
Date plot plan was completed.
[8]
Names of adjacent property owners and tax map numbers, including across adjacent roads.
[9]
Proposed and existing street and lot layout including street names and right-of-way widths.
[10]
Existing and proposed man-made and/or natural features.
[a]
Water courses, lakes, and wetlands (with names).
[b]
Significant rock outcrops, ledges, and stone fields.
[c]
Buildings, structures, signs and required setbacks.
[d]
Approximate location of tree masses.
[e]
Utility lines, wells, and sewage system(s).
[f]
Entrances, exits, access roads and parking areas including the number of spaces.
[g]
Drainage and storm water management facilities.
[h]
Plans for any required buffer plantings.
[i]
Any and all other significant features.
(g)
Location of permanent and seasonal high water table soils and 100-year flood zones.
(h)
Tract boundaries accurately labeled. The Zoning Officer, at his discretion, may require a survey prepared by a Pennsylvania registered land surveyor for any application.
(i)
The total acreage of the tract and extent of the areas of the site to be disturbed and percentage lot coverage when the project is completed.
(j)
Location and type of rights-of-way or other existing restrictive covenants which might affect the subdivision and/or development.
(k)
A statement of the type of water supply and sewage disposal proposed.
(l)
The present zoning district and applicable lot size, setback, lot coverage, building height and other requirements.
(4)
Other laws. The Zoning Officer may withhold issuance of a permit under this chapter if there is clear knowledge by the Zoning officer that such a use would violate another Borough, state or federal law or regulation.
(5)
Ownership. No person other than a landowner or their specifically authorized agent or a tenant or lessee with written permission of the landowner shall submit a zoning application. See definition of "landowner" in Article III.
(6)
Advisory reviews. The Zoning Officer may submit a copy of any plan and application to any appropriate agencies and/or individuals (such as the Planning Commission, the Carbon County Planning Commission, the County Conservation District or Borough Engineer) for review and comment.
(7)
Subdivision approval. Applications for uses which also necessitate approvals under Chapter 390 (Subdivision and Land Development) shall be processed in the manner provided for plat approval under that chapter. Such applications shall also contain all information or data normally required for a submission under Chapter 390 (Subdivision and Land Development).
D.
Issuance and posting of permit.
(1)
At least two copies of any permit required under this chapter shall be made.
(2)
One copy of any such permit shall be retained in Borough files and one copy shall be retained by the applicant. A copy of the permit shall be posted by the applicant at the entrance to the subject property in a conspicuous location until a certificate of use is issued.
(3)
No owner, contractor, worker or other person shall perform building or construction activity of any kind regulated by this chapter unless a valid zoning permit has been issued for such work, nor shall such persons conduct such work after notice that a zoning permit has been revoked.
E.
Revocation of permits. If a zoning permit is revoked, the person holding the permit shall immediately surrender such permit and all copies to the Zoning Officer. The Zoning Officer shall revoke a permit or approval issued under the provisions of this chapter in case of:
(1)
Any false statement or misrepresentation of fact in the application or on the plans on which the permit or approval was based (The Pennsylvania Crimes Code provides for penalties for providing false information to a municipal employee in the carrying out of his/her duties); or
(2)
Upon violation of any condition lawfully imposed upon a special exception, variance, or conditional use; or
(3)
Any work being accomplished, or land or structures being used in such a way that does not comply with this chapter or an approved site plan or approved permit application; or
(4)
For any other just cause set forth in this chapter.
F.
Changes to approved plans.
(1)
After the issuance of a permit and/or approval under this chapter, no changes shall be made to the project without approval of Zoning Officer, Zoning Hearing Board or Borough Council as applicable.
(2)
Changes to an approval by the Zoning Hearing Board as a special exception use or by the Borough Council as a conditional use shall require reapproval of the changes by such bodies if the Zoning Officer determines that such changes affect matters that were within the scope of approval of such body. Such approval by the Zoning Hearing Board or the Borough Council is not required for clearly minor technical adjustments or matters that are solely corrections of information that do not affect any of the significant features of the site plan or the intensity of the use, as determined by the Zoning Officer.
(3)
A copy of such adjustment or correction shall be provided in writing to the Planning Commission, the Borough Council, or the Zoning Hearing Board if the change concerns a plan approved by such bodies.
G.
Certificate of use.
(1)
A certificate of use shall be required by the Borough upon a change of use or completion of work authorized by a permit or approval under this chapter. It shall be unlawful to use and/or occupy a structure, building and/or land or portions thereof until such certificate has been issued. A new certificate of use shall be required if a change in use of the property is proposed, and then such certificate shall be issued only after all required approvals are obtained.
(2)
An application for such certificate shall be made on an official Borough form. If such use is in conformance with Borough ordinances and approvals, such certificate should be issued in duplicate within 14 days of a properly submitted and duly filed application. A minimum of one copy shall be retained in Borough records.
(3)
The Zoning Officer shall inspect such structure or land related to an application for such certificate. If the Zoning Officer determines, to the best of his/her current knowledge, that such work conforms with this chapter and applicable Borough codes, approvals and permits, then the certificate of use shall be issued.
(4)
The applicant shall show a valid certificate of use to the Zoning Officer upon request.
H.
Expiration of permits and approvals.
(1)
Zoning permits. When authorized by the issuance of a zoning permit, any permitted building construction shall be initiated within one year of the permit issuance date and be completed within two years of the permit issuance date. The zoning permit shall automatically expire for failure to comply with the required initiation and completion periods.
§ 500-171 Fees.
A.
Application fees. As authorized by § 603(c)(3), § 617.2(e), and § 908(1.1) of the Pennsylvania Municipalities Planning Code, the Borough Council shall establish a uniform schedule of fees, charges, and expenses, as well as a collection procedure, for zoning applications and permits, conditional use applications and permits, Zoning Hearing Board proceedings and other matters pertaining to the administration of this chapter. Permits, certificates, conditional use permits, special exception permits, 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 all fees have been paid in full.
B.
Stenographer fees. 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 the decision of the Borough 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.
§ 500-172 Zoning Officer.
A.
Appointment. The Zoning Officer(s) shall be appointed by the Borough Council. The Zoning Officer(s) shall not hold any elective office within the Borough but may hold other appointed offices not in conflict with the State Planning Code.
B.
Duties and powers. The Zoning Officer shall:
(1)
Administer this chapter.
(2)
Provide information to applicants regarding required procedures.
(3)
Receive and examine all applications required under the terms of this chapter, and issue or refuse permits within this chapter.
(4)
Receive written complaints of violation of this chapter and issue a written notice of violation to any person violating any provision of this chapter.
(5)
Keep records of applications, permits, certificates, written decisions and interpretations issued, of variances and special exception granted by the Zoning Hearing Board, of conditional uses approved by the Borough Council, of complaints received, of inspections made, of reports rendered, and of notice or orders issued.
(6)
Make all required inspections and perform all other duties as called for in this chapter.
(7)
Not have the power to permit any activity which does not conform to this chapter, or all other ordinances of the Borough known to the Zoning Officer.
§ 500-173 Zoning Hearing Board.
A.
Appointment and qualifications.
(1)
Appointment. The Borough Council shall appoint a Zoning Hearing Board, which shall have the number of members and alternate members with such powers and authority, and which shall conduct all proceedings as set forth in Article IX of the Pennsylvania Municipalities Planning Code[1] as enacted or amended.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(3)
Vacancies. The Zoning Hearing Board shall promptly notify the Borough Council of any vacancies which occur. Appointments to fill vacancies shall be only for the unexpired portion of a term.
(4)
Removal of members. See § 905 of the Pennsylvania Municipalities Planning Code.
(5)
Organization.
(a)
Officers. The Zoning Hearing Board shall elect officers from its own membership. Officers shall serve annual terms and may succeed themselves.
(b)
Quorum. For the conduct of any hearing and taking of any action a quorum shall be not less than a majority of all members of the Zoning Hearing Board, except that the Zoning Hearing Board may appoint a hearing officer in accord with the PA MPC to conduct any hearing on its behalf and the parties may waive further action by the Board, as provided by the PA Municipalities Planning Code. The quorum may be met by alternate members, serving as permitted by the PA Municipalities Planning Code.
(c)
Rules. The Zoning Hearing Board may make, alter, and rescind rules and forms for its procedure, consistent with all applicable Borough ordinances and state law.
B.
Jurisdiction. The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudications in the following matters:
(1)
Substantive challenges to the validity of any land use ordinance, except those brought before the governing body pursuant to § 609.1 (Curative Amendments) and § 916.1(a)(2) (Ordinance Validity) of the Pennsylvania Municipalities Planning Code.
(2)
Appeals from the determination of the Zoning Officer, including, but not limited to, the granting or denial of any permit, or failure to act on the application therefor, the issuance of any cease and desist order or the registration or refusal to register any nonconforming use, structure, or lot.
(3)
Applications for variances from the terms of this chapter pursuant to § 910.2 of the Pennsylvania Municipalities Planning Code.
(4)
Applications for special exceptions under this chapter pursuant to § 912.1 of the Pennsylvania Municipalities Planning Code and the requirements of this chapter.
(5)
Appeals from the Zoning Officer's determination under § 916.2 (Preliminary Opinion) of the Pennsylvania Municipalities Planning Code.
(6)
Appeals from the determination of the Zoning Officer or municipal engineer in the administration of any land use ordinance or provision thereof with reference to sedimentation and erosion control and storm water management insofar as the same relate to development not involving subdivision and land development applications.
(7)
The Zoning Hearing Board shall not, under any circumstances, have the authority to order any specific change in or amendment to the Zoning Map or to allow any use of property substantially different from those permitted under the Schedule of Use Regulations for the particular district.
§ 500-174 Zoning Hearing Board - Hearings and decisions.
The Zoning Hearing Board shall conduct hearings and make decisions in accordance with § 908 of the Pennsylvania Municipalities Planning Code, as amended, and the provisions of this § 500-174. The hearings shall be conducted by the Board, or the Board may appoint any member or an independent attorney as a hearing officer. The decision, or, where no decision is called for, the findings shall be made by the Board; however, the appellant or the applicant, as the case may be, in addition to the Borough, may, prior to the decision of the hearing, waive decision or findings by the Board and accept the decision or findings of the hearing officer as final. For the purposes of this § 500-174, Board shall mean Board or Hearing Officer, if a hearing officer is appointed.
A.
Notice of hearings. Notice of all hearings of the Board shall be given as follows:
(1)
Advertisement. Public notice shall be published, as defined by § 107 of the PA. Municipalities Planning Code. The notice shall state the time and place of the hearing and the particular nature and property address of the matter to be considered.
(2)
Posting. Notice of such hearing shall be conspicuously posted by the Borough on the affected tract of land and within 100 feet of all neighboring properties at least one week prior to the hearing. Such notice shall state the time and place of the hearing and a general description of the request.
(3)
Persons given notices. All notice under this § 500-174A are intended to be received or posted at least five days prior to the hearing date.
(a)
Written notice shall be mailed or personally delivered to the applicant, or his/her representative listed on an official application form.
(b)
Notice shall be mailed or personally delivered to the Zoning Officer, Chairperson of the Planning Commission or Borough Secretary, and the last known address of owners of record of property abutting or directly across the street from the boundaries of the subject property. The applicant shall provide the Borough with a list of such property owners. Failure of the Borough to notify all such persons shall not invalidate any action by the Board.
(c)
Also, such notice shall be mailed or delivered to the address of any other person or group (including civic or community organizations) who has made a written timely request (including an address) for such notice.
(4)
Adjacent municipalities. In any matter which relates to a lot which lies within 250 feet of the boundary of another municipality, and where the Zoning Officer determines the proposed activity may have significant impact on that municipality, the Borough staff may transmit to the offices of the adjacent municipality a copy of the official notice of the public hearing on such matter prior to the hearing date. Representatives of such adjacent municipality shall have the right to appear and be heard at the public hearing. Failure of the Borough to notify such municipality shall not invalidate any action by the Board.
(5)
Fees. The Borough Council may, by resolution, establish a reasonable fee schedule, based on cost, to be paid by a) the applicant for any notice required by this chapter and b) those persons requesting any notice not required by this chapter.
B.
Parties in hearings. The Zoning Hearing Board shall have the authority, if it chooses to exercise it, to determine who has standing on each case before the Board. (Note: Standing generally means a party being sufficiently affected or threatened by effects of controversy to obtain judicial resolution of that controversy.)
(1)
The parties to a hearing shall be the Borough Council, the Planning Commission, any person affected by the application who has made timely appearance of record before the Board, representatives of any legitimate civic or community organization, and any other person permitted to appear before the Board.
(2)
The Board shall have power to require that all persons who wish to be considered parties enter appearances in writing on forms provided by the Board for that purpose.
(3)
The Board shall determine that a person or business does not have standing if the Board finds that such person or business is apparently motivated primarily by an attempt to inhibit competition in an area of business, and that such person or business would not otherwise be threatened with substantive harm from the application.
C.
Oaths and subpoenas. The Chairperson of the Board or Hearing Officer shall have the power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents reasonably needed by and requested by the parties.
D.
Representation by counsel. The parties shall have the right to be represented by legal counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on relevant issues.
E.
Evidence and record. Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded. The Board or the Hearing Officer, as applicable, shall keep a record of the proceedings as required by state law.
F.
Communications outside of hearings.
(1)
The Board shall not meet with, visit the site with or directly communicate specifically on the matter with the applicant or any officially protesting party or their representatives in connection with any issue involved, except if opportunity is provided for the applicant and any officially protesting party to participate.
(2)
The Board shall not take notice of any communications, reports, staff memoranda, or other materials directly affecting a proposed application unless the parties are afforded an opportunity to examine and contest the material so noticed or unless such materials are already a matter of public record. This restriction shall not apply to advice from the Board's solicitor.
G.
Advisory review. The Zoning Hearing Board may request that the Planning Commission, County Conservation District or Borough Engineer provide an advisory review on any matter before the Board.
H.
Hearings and decision. The Zoning Hearing Board shall conduct hearings and make decisions in accord with § 908 of the Pennsylvania Municipalities Planning Code, as amended.
I.
Solicitor conflict.
(1)
The Zoning Hearing Board Solicitor shall not represent private clients in cases before the Zoning Hearing Board.
(2)
If a conflict of interest exists for the Zoning Hearing Board Solicitor on a particular application, the Zoning Hearing Board Solicitor shall notify the Chairperson of the Board at least seven days before the scheduled hearing date.
(3)
The Zoning Hearing Board may appoint an Alternate Solicitor to serve as needed for a specific application or for a term of office.
§ 500-175 Variances.
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).
A.
Standards. The Board may grant a variance only within the limitations of the Pennsylvania Municipalities Planning Code.[1] The applicant shall have the burden of proof to show compliance with such standards. The Municipalities Planning Code provides that all of the following findings must be made, where relevant in a particular case:
(1)
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; and
(2)
Because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of this chapter and a variance is therefore necessary to enable the reasonable use of the property; and
(3)
Such unnecessary hardship has not been created by the appellant; and
(4)
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, not be detrimental to the public welfare; and
(5)
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.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
(Reserved)
C.
Variance conditions. In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of the Municipalities Planning Code and this chapter, and to protect public health, safety, and welfare.
§ 500-176 Conditional uses and special exceptions.
A.
Applications. Applications for conditional uses and special exceptions shall, at a minimum, include the information required in § 500-176F. The Borough Planning Commission, Borough Council, or the Zoning Hearing Board shall require any other information deemed necessary for the review of the proposal.
B.
Conditional uses. Uses specified as conditional uses shall be permitted only after review and approval pursuant to the express standards as provided for specific conditional uses in this chapter and in § 500-176D and any other applicable standards in this chapter.
(1)
Expansions. Expansions or additions to uses classified as conditional uses shall also be considered conditional uses. The addition of an accessory structure shall not be considered a conditional use.
(2)
Procedure.
(a)
Submission. The applicant shall submit the application as follows:
[1]
Eight complete copies of any required plan with the information required by § 500-176F shall be submitted to the Zoning Officer and the time for the Borough Council to conduct the required public hearing shall not begin to run until a complete application has been accepted by the Zoning Officer.
[2]
The Zoning Officer shall refuse to accept an incomplete application which does not provide sufficient information to determine compliance with this chapter.
(b)
Distribution. The Zoning Officer shall distribute copies of the site plan to the Planning Commission and the Borough Council. A minimum of one copy shall be retained in the Borough files. The Borough Fire Company should be given an opportunity for a review, if deemed appropriate by the Planning Commission.
(c)
Zoning Officer review. The Zoning Officer shall report in writing or in person to the Planning Commission and the Borough Council stating whether the proposal complies with this chapter. The Zoning Officer may request a review by the Borough Engineer.
(d)
Planning Commission review.
[1]
The Planning Commission shall be provided with an opportunity to review any proposed conditional use at a regular meeting prior to a decision by the Borough Council. The Commission, at its option, may provide a written advisory review.
[2]
If such review is not received within the time limit within which the Council must issue a decision, or within 30 days of such application being sent to the Planning Commission, then the Council may make a decision without having received comments from the Planning Commission.
(e)
Agency/organization review. The Zoning Officer, Planning Commission and/or the Borough Council may refer the application to any other agency or organization deemed appropriate for review and comment.
(f)
Borough Council action. The Borough Council shall conduct hearings and make decisions in accord with § 908 and § 913.2 of the Pennsylvania Municipalities Planning Code, as amended. In granting a conditional use, the Council may attach such reasonable conditions and safeguards (in addition to those expressed in this chapter) as it determines are necessary to implement the purposes of the PA Municipalities Planning Code and this chapter, and to protect the public health, safety, and welfare.
C.
Special exceptions. Uses specified as special exceptions shall be permitted only after review and approval by the Borough Zoning Hearing Board pursuant to the express standards as provided for specific special exceptions in this chapter and in § 500-176D.
(1)
Expansions. Expansions or additions to uses classified as special exceptions shall also be considered special exceptions. The addition of an accessory structure shall not be considered a conditional use.
(2)
Procedure.
(a)
Eight complete copies of any required plan with the information required by § 500-176F shall be submitted to the Zoning Officer and the time for the Zoning Hearing Board to conduct the required public hearing shall not begin to run until a complete application has been accepted by the Zoning Officer.
(c)
Borough procedures.
[1]
The Zoning Officer shall forward the application to the Zoning Hearing Board and the Zoning Hearing Board solicitor. A minimum of one copy shall be retained in the Borough files.
[2]
The Zoning Officer shall, prior to the next Zoning Hearing Board meeting where the application will be discussed, review the plan to determine compliance with this chapter and report these findings to the Zoning Hearing Board. The Zoning Officer may request a review by the Borough Engineer.
(d)
Agency/organization review. The Zoning Hearing Board may refer the application to any other agency or organization deemed appropriate for review and comment.
(e)
Zoning Hearing Board action on special exception uses.
[1]
The Zoning Hearing Board shall hear and decide such request for a special exception use under the procedures in § 500-174.
[2]
In granting a special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards (in addition to those expressed in this chapter) as it determines are necessary to implement the purposes of the PA Municipalities Planning Code and this chapter, and to protect the public health, safety, and welfare.
D.
Standards and criteria. The standards and criteria applied to conditional uses and special exceptions are intended to ensure that the proposed use will be in harmony with the purposes, goals, objectives and standards of this chapter and other ordinances of the Borough. In addition to the applicable general provisions of this chapter and to the standards provided in this chapter for specific conditional uses and special exceptions, the following standards and criteria shall be applied in the review of applications for conditional uses and special exceptions.
(1)
The proposed use shall be in harmony with purposes, goals, objectives and standards of the Borough Comprehensive Plan, this chapter, and all other ordinances of the Borough.
(2)
The proposal shall also be evaluated as to the degree to which the proposed location may be particularly suitable or unsuitable for the proposed use in terms of the physical characteristics of the site.
(3)
The proposed use at the proposed location shall not result in a substantial or undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, public improvements, public sites or rights-of-way, adjacent property values, or other matters affecting the public health, safety, and general welfare, either as they now exist or as they may in the future be developed as a result of the implementation of this chapter, or any other plan, program, map or ordinance of the Borough or other government agency having jurisdiction to guide growth and development.
(4)
The proposed use shall not impose an undue burden on any of the improvements, facilities, utilities, and services of the Borough, whether such services are provided by the Borough or some other entity. The applicant shall be wholly responsible for providing such improvements, facilities, utilities, or services as may be required to adequately serve the proposed use when the same are not available or are inadequate to serve the proposed use in the proposed location. As part of the application and as a condition of approval of the proposed use the applicant shall be responsible for establishing ability, willingness and binding commitment to provide such improvements, facilities, utilities and services in sufficient time and in a manner consistent with this and other ordinances of the Borough. The permit approval shall be so conditioned.
(5)
In reviewing an application, the following additional factors shall be considered:
(a)
Location, arrangement, size, design and general site compatibility of buildings, lighting and signs.
(b)
Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls.
(c)
Location, arrangement, appearance and sufficiency of off-street parking and loading.
(d)
Adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience.
(e)
Adequacy of storm water and drainage facilities.
(f)
Adequacy of water supply and sewage disposal facilities.
(g)
Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise buffer between the applicant's and adjoining lands, including the maximum retention of existing vegetation.
(h)
Adequacy of fire lanes and other emergency zones and the provision of fire hydrants.
(i)
Special attention to the adequacy and impact of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion.
(6)
No application shall be approved unless it is found that, in addition to complying with each of the standards enumerated above, any of the applicable standards contained in this chapter shall be met. In instances where the standards do not adequately protect the general health, safety, and welfare of parties effected, all conditions and safeguards deemed necessary to protect the general health, safety and welfare and implement the purposes of this chapter and the Pennsylvania Municipalities Planning Code shall be imposed as conditions of approval in accord with § 912.1 or § 913.2 of the Pennsylvania Municipalities Planning Code, as the case may be. Conditions which might be imposed shall include (but not be limited to) provisions for additional parking, traffic control, submission of landscaping plans for screening, setbacks, special measures addressing sales period activities, environmental controls and other measures which mitigate any potential adverse impact the use may have on adjoining uses.
(7)
The applicant shall supply evidence regarding compliance with the applicable express standards and criteria; and data or evidence may be accepted from protestants. Such evidence shall be evaluated relative to the injurious impact on the health, safety, and welfare of the Borough; and the proposed use shall be approved with appropriate conditions or denied based on said evaluation.
E.
Limitation of approval. Any conditional use approval granted by the Borough Council and any special exception approval granted by the Zoning Heating Board shall expire 18 months from the date such approval was granted if the use is not established as a functional and constructive activity prior to the expiration date. Upon such expiration, the said approval, and any permit issued subsequent thereto, shall be deemed null and void and the developer shall be required to submit another application for the same. The Borough Council or Zoning Hearing Board as the case may be, however, may grant an extension of the time limitations, for good cause.
F.
Information required. The applicant shall supply the information required by § 500-170C and evidence regarding compliance with the applicable express standards and criteria; and data or evidence may be accepted from protestants. Such evidence shall be evaluated relative to the injurious impact on the health, safety, and welfare of the Borough; and the proposed use shall be approved with appropriate conditions or denied based on said evaluation.
§ 500-178 Mediation.
§ 500-179 Time limits for appeals.
The time limitations for appeals shall be as follows:
A.
Zoning Hearing Board — County Court. No person shall be allowed to file any appeal with the Zoning Hearing Board later than 30 days after the officially issued decision by the Zoning Officer, or appeal with the County Court of Common Pleas later than 30 days after the officially issued decision of the Borough Council or the Zoning Hearing Board, except as may be provided under § 914.1 of the Pennsylvania Municipalities Planning Code.
§ 500-180 Appeals to court and other administrative proceedings.
Appeals to court and other administrative proceedings shall be governed by Article X-A and Article IX of the Pennsylvania Municipalities Planning Code, respectively.
§ 500-181 Public utility exemptions.
See § 619 of the Pennsylvania Municipalities Planning Code.
§ 500-182 Limited Borough exemption.
The minimum lot area requirements of this chapter shall not apply to uses or structures owned by the Borough for uses and structures that are intended for a legitimate governmental, recycling, public recreation, storm water control or public health and safety purpose.
§ 500-183 Amendments.
The Borough Council may amend this chapter by complying with the requirements set forth in Article VI of the Pennsylvania Municipalities Planning Code. A landowner who desires to challenge on substantive grounds the validity of an ordinance or map or any provision thereof, which prohibits or restricts the use or development of land in which he has an interest may submit a curative amendment to the governing body with a written request that his challenge and proposed amendment be heard and decided on as provided in § 609.1 and § 916.1 of the Pennsylvania Municipalities Planning Code.
§ 500-184 Violations.
A.
Compliance. Failure to comply with any provision of this chapter, failure to secure or comply with a decision of the Borough Council or Zoning Hearing Board or the failure to secure a permit, when required, prior to or (when ordered) after the erection, construction, extension, or addition to a building or prior to or after the use or change of use of land; or failure to secure a certificate of use permit, shall be violations of this chapter.
B.
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. The Zoning Officer shall record the complaint, investigate immediately, and take action thereon as provided by this chapter. The Zoning Officer shall provide a written response to the complainant stating his factual findings regarding the alleged violation and the follow up actions taken.
C.
Enforcement notice. When written notice of a violation of any of the provisions of this chapter has been sent in the manner prescribed by § 616.1 of the Pennsylvania Municipalities Planning Code and set forth in this § 500-184C, such violation shall be discontinued or corrected as set forth in said notice.
(1)
If it appears to the Borough that a violation of this chapter has occurred, the Borough shall initiate enforcement proceedings by sending an enforcement notice as provided in this § 500-184C.
(2)
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.
(3)
An enforcement notice shall state at least the following:
(a)
The name of the owner of record and any other person against whom the municipality intends to take action.
(b)
The location of the property in violation.
(c)
The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of this chapter.
(d)
The date before which the steps for compliance must be commenced and the date before which the steps must be completed.
(e)
That 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 this chapter.
(f)
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.
(g)
In any appeal of an enforcement notice to the Zoning Hearing Board, the Borough shall have the responsibility of presenting its evidence first.
(h)
Any filing fee 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 subsequent appeal, rules in the appealing party's favor.
§ 500-185 Penalties and remedies.
A.
Causes of action. In case any building, structure or land is, or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained or used in violation of any provisions of this chapter, the Borough Council or, with the approval of the Borough Council, an officer of the municipality, or any aggrieved owner or tenant of real property who shows that his property or person will be substantially affected by the alleged violation, in addition to other remedies, may institute any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure 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.
B.
Enforcement remedies.
(1)
Any person, partnership, or corporation who or which has violated or permitted the violation of any of the provisions of this chapter shall, upon being found liable therefore in a civil enforcement proceeding commenced by the Borough, pay a judgment of not more than $500 (state law) 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 be payable until the date of the determination of a violation by the District Magisterial Judge. 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 Magisterial Judge determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating this chapter 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 Magisterial Judge and after the five days each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney fees collected for the violation of this chapter shall be paid over to the Borough.
(2)
The court of common pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment.
§ 500-186 Liability.
Neither the approval nor the granting of any review, issuance of permit or approval related to construction, activity within the flood plain, site plan review, subdivision or land development approval erosion control, storm water runoff, activity on steep slopes or any other review or permit of this chapter, by an officer, employee, consultant or agency of the Borough, shall constitute a representation, guarantee or warranty of any kind by the Borough, or its employees, officials, consultants or agencies, of the practicality or safety of any structure, use or subdivision, and shall create no liability upon, nor a cause of action against such public body, official, consultant nor employee for any damage that may result pursuant thereto.