Wilson City Zoning Code
ARTICLE II
Administration and Enforcement
§ 170-10 General procedures.
A.
General sequence of steps.
(1)
Zoning applicants desiring to undertake any new construction, structural alteration or changes in the use of a building or lot shall apply to the Zoning Officer for a zoning permit by filling out the appropriate application form and by submitting the required fee. Where required, as set forth in Articles V through XI, a site plan in accordance with § 170-11 shall also be submitted with and made a part of the application.
(2)
Based on the applicable regulations of this chapter and, if required, after any required review by other officials, the Zoning Officer will either issue or refuse the zoning permit, and the Zoning Officer will indicate, in writing, any conditions attached to the permit or the reason for any refusal. If refused a permit, the applicant may appeal to the Zoning Hearing Board for further consideration.
(3)
After the zoning permit has been obtained by the applicant, he may proceed to obtain other necessary permits and undertake the action permitted by the zoning permit and by the other necessary permits and, upon completion of such action, shall apply to the Zoning Officer for an occupancy permit where such a permit is required. If the Zoning Officer finds that the action of the applicant has been taken in accordance with the zoning permit, he will then issue an occupancy permit allowing the premises to be occupied.
B.
Zoning permit types. Under the terms of this chapter, the following classes of zoning permits may be issued:
(1)
Permitted uses. A zoning permit for a permitted use may be issued by the Zoning Officer on his own authority.
(2)
Special exception use. A zoning permit for a special exception use may be issued by the Zoning Officer upon the order of the Zoning Hearing Board after a hearing and after any required review by the Planning Commission subject to § 170-15.
(3)
Conditional use. A zoning permit for a conditional use may be issued by the Zoning Officer upon the approval of the Borough Council after any required review by the Planning Commission and subject to § 170-16.
(4)
Zoning permit after an appeal or a request for a variance. A zoning permit may be issued by the Zoning Officer upon the order of the Zoning Hearing Board and after a hearing held by the Board for the purpose of deciding upon the appeal or a request for a variance.
(5)
Temporary use permits. A zoning permit for a temporary use may be issued by the Zoning Officer or the Zoning Hearing Board as required by any of the provisions of this chapter.
§ 170-11 Site plan review.
A.
Purpose and procedure. Site plan review and the submission of a site plan is required herein for all special exception uses or for any other use requiring such review in accordance with the requirements of Articles V through XIII or other provisions of this chapter. The following site plan procedure shall be followed to ensure the safe and efficient movement of traffic, adequate drainage and connection to utilities, compliance with other applicable regulations and to promote the development of an attractive and well-planned Borough, to enhance sound site planning and to best serve the interests of public health, safety and general welfare and with the objectives of this chapter.
B.
Sketch plan review procedure.
(1)
The applicant may elect to submit a preliminary sketch site plan containing lesser information for unofficial review by the Planning Commission. Such sketch site plan shall be for the purpose of indicating to the Planning Commission the general nature and intent of the proposal which will enable the Commission to present its initial considerations for the purpose of guiding the developer in the preparation of the official site plan in accordance with these zoning requirements.
(2)
The entire purpose of this optional procedure is to facilitate the proper development of a site plan, as required herein, and to prevent unnecessary expenses associated with the development of a site plan. This optional procedure shall be considered to be a convenience for the applicant and shall not constitute an official zoning permit application or submission and shall not convey any benefits or assurances to the applicant which he would not otherwise have had if such an optional site plan were not submitted by the applicant. All such optional plans shall be clearly marked with the words "Sketch Plan."
C.
An application for a use requiring site plan review, as required by this chapter, shall be submitted to the Zoning Officer. The applicant shall submit three complete sets of site plans certified by a design professional: registered engineer, surveyor, architect or landscape architect.
D.
When a site plan has been officially submitted, it shall be placed on the Planning Commission agenda for review at its next regular meeting, provided that the official submission is made 10 days or more before the regular meeting.
E.
Within 45 days after the official submission of a site plan, the Planning Commission shall make a written recommendation to the Zoning Officer or the Zoning Hearing Board, depending on whether the zoning permit requested is for a permitted use or a special exception use, respectively, on whether the plan should be approved or disapproved. The written recommendation shall include the underlying findings and reasons affecting the Planning Commission's recommendation. In making such a recommendation, the Planning Commission may receive advice and review comments from the Borough's engineer or planner or any other competent review authority.
F.
The appropriate body (Zoning Officer or Zoning Hearing Board as required by this chapter) shall take action by approving or disapproving the plan either within 45 days after receiving the Planning Commission's written recommendation or within 90 days after the site plan is officially submitted. The Zoning Officer shall inform the applicant, in writing, of the action taken by the appropriate body and shall issue any applicable permit.
G.
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.
H.
Site plan requirements. The official site plan shall include the following information:
(1)
A statement as to the proposed use of the building or land.
(2)
A site layout drawn to a scale of not less than one inch equals 100 feet showing the location, dimensions and area of each lot, the location, dimensions and height of proposed buildings, structures, streets, roads and any existing buildings in relation to property and street lines. If the application relates to property which is scheduled to be developed in successive stages, such plans shall show the relationship of the portion scheduled for initial development to the proposed layout of the entire property.
(3)
The location, dimensions and arrangements of all open spaces and yards, landscaping, fences and buffer yards, including methods and materials to be employed for screening.
(4)
The location, size, arrangement and capacity of all areas to be used for motor vehicle access, off-street parking, off-street loading and unloading and provisions to be made for lighting such areas.
(5)
The dimensions, location and methods of illumination for signs and exterior lighting.
(6)
The location and dimensions of sidewalks and all other areas to be devoted to pedestrian use.
(7)
Sanitary and stormwater facilities and connections. Provisions to be made for treatment and disposal of sewage and industrial wastes, water supply and storm drainage. Submission of a stormwater management plan with supporting calculations shall be required.
(8)
The capacity and arrangement of all buildings used or intended to be used for dwelling purposes, including information on total land area, area to be reserved in common open space, density, maximum building coverage, total area to be covered with impervious surfaces and other information which will assist the Commission in determining compliance with this chapter.
(10)
Any other data deemed necessary by the Zoning Officer, Planning Commission, or Borough Council to enable them to determine the compliance of the proposed development with the terms of this chapter.
I.
Site design guidelines. In addition to the requirements of § 170-11H, the following guidelines are presented to assist the applicant in the preparation of site and building plans and to assist the Planning Commission in the review of all site plans. These guidelines are divided into nine categories and are meant to encourage creativity, innovation and well-designed developments. They not only apply to principal buildings and structures, but also to all accessory buildings, structures, freestanding signs and other site features.
(1)
Preservation of landscape. Preserve the landscape in its natural state by minimizing tree and soil removal. Ensure that grade changes are compatible with the general appearance of neighboring developed areas.
(2)
Relation of proposed buildings to environment. Relate proposed structure(s) harmoniously to the terrain and to existing buildings that have a visual relationship to the proposed structure(s). To achieve this favorable relationship between existing and proposed uses, create focal points with respect to avenues of approach, terrain features or other buildings and relate open space between all existing and proposed buildings.
(3)
Drive, parking and circulation. For vehicular and pedestrian circulation, including walkways, interior drives and parking, give special attention to the location and number of access points to public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement of safe and convenient parking areas. Design these vehicular and pedestrian areas to enhance the appearance of an access to the proposed buildings and structures and to the neighboring properties.
(4)
Surface water drainage. Give special attention to proper site surface drainage to ensure that removal of surface waters will not adversely affect either neighboring properties or the public storm drainage system. Remove and efficiently carry away all stormwater from all roofs, canopies and paved areas. Collect surface water in all paved areas to permit vehicular and pedestrian movement.
(5)
Utility service. Place electric and telephone lines underground where possible. Locate, paint and undertake any other treatment to ensure that any utilities which remain above ground will have a minimal adverse impact on neighboring properties.
(6)
Advertising features. Ensure that the size, location, lighting and materials of all permanent signs and outdoor advertising structures or features will enhance rather than detract from the design of proposed buildings and structures and the neighboring properties.
(7)
Special features. Provide needed setbacks, buffer yards and other screening methods for exposed storage areas, exposed machinery installations, service areas, truck loading areas, utility buildings and structures and similar accessory areas and structures to help make them compatible with the existing or contemplated site design and with neighboring properties.
§ 170-12 Zoning and occupancy permits and certificates.
A.
Applications to Zoning Officer.
(1)
All applications for zoning permits for permitted or special exception uses, for occupancy permits, for certificates of nonconforming use, for variances and for interpretations of any fact or provision of this chapter shall be made directly to the Zoning Officer. Such applications shall be in writing and shall include a plot plan drawn to scale showing the location and dimensions of the lot area and of the proposed uses of buildings and/or land and any other information required by this chapter.
(2)
All applications for special exception or other uses subject to site plan review as set forth in § 170-11H shall also include the information required therein.
(3)
The Zoning Officer, Zoning Hearing Board or the Planning Commission may require any additional information deemed necessary to properly evaluate the application for the purpose of determining its conformity with this chapter.
B.
Applications to Zoning Hearing Board. All appeals where it is alleged that the Zoning Officer has made an error shall be filed directly with the Secretary and/or Solicitor of the Zoning Hearing Board. Such appeals shall be in writing and shall explain fully the facts and particulars of the case and shall clearly state the reasons and provisions of this chapter on which the appeal is based.
C.
Zoning permits.
(1)
The purpose of the zoning permit is to determine compliance with the provisions of this chapter, and no person shall erect, alter or convert any structure, building or part thereof, nor alter the use of any land, subsequent to the adoption of this chapter, until a zoning permit has been issued by the Zoning Officer, zoning permits shall be issued in duplicate and one copy shall be kept conspicuously on the premises, and no person shall perform building operations of any kind unless a zoning permit is being displayed as required by this chapter.
(2)
Permits granted for uses of a temporary or seasonal nature may be limited to the appropriate length of time (refer to § 170-93). The Zoning Officer or the Zoning Hearing Board may revoke a zoning permit at any time if it appears that the application is in any respect false or misleading or that work being done upon the premises differs materially from that called for in the application.
(3)
No zoning permit shall be issued by the Zoning Officer for any special exception or variance or appeal except on written order of the Zoning Hearing Board, or for any proposed construction, alteration or use that would be in violation of any provision of this chapter.
(4)
No zoning permit shall be issued by the Zoning Officer for any conditional use except on written order of the Borough Council.
(5)
Unless there has been substantial progress in the work for which a zoning permit was issued, as determined by the Zoning Officer, said permit shall expire one year from the date of issue, except that the Zoning Officer may grant a request for a reasonable extension of time, not to exceed one year, if warranted by the nature of the construction involved.
D.
Occupancy permits. The purpose of an occupancy permit is to certify that the premises comply with the provisions of this chapter and may be used for the purposes set forth in the occupancy permit. Prior to the use or occupancy of any land or building or for any change of use of any existing building or for any change of use of land, an occupancy permit shall be secured from the Zoning Officer. A copy of the occupancy permit shall be kept upon the premises and shall be displayed upon request made by any officer of the municipality. All applications for occupancy permits shall be in writing on forms to be furnished by the Zoning Officer.
E.
Certificate of nonconforming use. The registration of an existing nonconforming use and/or structure may be requested by the owner of the property where such a use or structure is located. Upon application by such an owner, the Zoning Officer shall inspect and register the nonconforming uses and/or nonconforming structures on the property. The owner of the premises occupied by the lawful nonconforming use or structure will then be issued a certificate of nonconforming use from the Zoning Officer. Such certificate shall be for the purpose of certifying to the owner his right to continue such nonconforming use or structure in accordance with the requirements of § 170-92.
§ 170-13 Zoning Officer.
A.
Appointment of Zoning Officer. This chapter shall be enforced by the Zoning Officer who shall be appointed by the Council. Said Zoning Officer shall not hold any elective office in the Borough. The Zoning Officer shall meet the qualifications established by the Borough and shall be able to demonstrate to the satisfaction of the Borough a working knowledge of municipal zoning.
B.
Duties and powers.
(1)
The Zoning Officer shall administer this chapter in accordance with its literal terms and shall not have the power to permit any construction or any use or change of use which does not conform to this chapter.
(2)
The Zoning Officer is hereby authorized to institute civil enforcement proceedings as a means of enforcement when acting within the scope of his employment.
(3)
The Zoning Officer shall receive and examine all applications required under the terms of this chapter and shall issue or refuse permits within 30 days of the receipt of the application or, where applicable, shall refer said application within 10 days to the Zoning Hearing Board and/or Planning Commission. The Zoning Officer shall issue a written notice of violation to any person, firm or corporation violating any provisions of this chapter. He shall keep records of applications, of permits or certificates issued, of variances granted, of inspections made, of reports rendered and of notice or orders issued and, where applicable in accordance with § 170-12E, shall identify and register nonconforming uses and structures and shall make all inspections required to determine conformance with this chapter and perform all other duties as called for in this chapter.
§ 170-14 Zoning Hearing Board.
A.
Board is hereby created.
(1)
A Zoning Hearing Board is hereby established in accordance with the provisions of the State Act of 1968, P.L. 805, No. 247, as reenacted and amended, the Pennsylvania Municipalities Planning Code. The members of the Board shall be residents of the Borough and shall be appointed by the Council to serve for terms as prescribed by law. Vacancies occurring in said Board by expiration of term or otherwise shall be filled in the same manner.
(2)
At the date of adoption of this chapter, the members of the existing Zoning Hearing Board, previously designated in accordance with the Borough Zoning Ordinance No. 645, enacted March 28, 1994, as amended, shall continue in office and shall serve as the Zoning Hearing Board under this chapter.
B.
Organization of Board. The Zoning Hearing Board shall consist of three members and two alternates as appointed by the Borough Council. The existing terms of office shall continue, with terms of office being three years, and with the terms being so fixed that the term of office of one member shall expire each year. The Zoning Hearing Board shall elect officers and conduct any hearings and take any actions required by this chapter and may make rules and forms for its procedure.
C.
Board functions.
(1)
The Zoning Hearing Board shall be responsible for the following:
(a)
To hear and decide appeals against any alleged errors or actions of the Zoning Officer.
(b)
To hear and decide all requests for the interpretation of any fact or provision of this chapter.
(c)
To hear and decide all requests for variances.
(d)
To hear and decide all requests for special exceptions in accordance with the standards and criteria set forth in this chapter.
(e)
To hear and decide challenges to the validity of this chapter or Zoning Map or to any procedural questions or defects which are within its jurisdiction.
(f)
The preparation and submission of a report of its activities to the Council once a year.
(2)
All findings and decisions of the Board shall be in writing and shall be rendered within 45 days after the last hearing before the Zoning Hearing Board, and if the Board fails to render such a decision, then the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed, in writing, to an extension of time.
(3)
The Board shall perform such other duties as may be provided or made necessary by this chapter or by State Act of 1968, P.L. 805, No. 247, as reenacted and amended, including the interpretation of zoning boundaries, the holding of hearings after proper notice or the referral of any pertinent matter to the Planning Commission for review and recommendations. The Board shall keep a full public record and a summary of the facts in cases over which it has jurisdiction and shall maintain adequate records on its findings and decisions.
D.
Notice of hearings.
(1)
Notice of all hearings of the Zoning Hearing Board shall be given to the public, the applicant, the Zoning Officer, the Planning Commission, the Council and such other persons who have made a timely request for such notice. Such notice shall be given in accordance with the definition for public notice set forth in Article III.
(2)
In addition, every property owner located within 100 feet of any property where a zoning action will be considered by the Zoning Hearing Board shall be notified of such action by a certified letter explaining the action to be considered. Said certified letter(s) shall be postmarked at least 10 days prior to the date of the meeting and shall state the time, date and place where the meeting will be held and the nature of the action to be considered.
(3)
In addition, written notice of said hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing.
E.
The Board shall hear and decide requests for special exceptions after the Planning Commission has reviewed and made recommendations on the site plan in accordance with standards and criteria found in Article III. In granting a special exception, the Board may attach such reasonable conditions and safeguards in addition to those expressed in this chapter as it may deem necessary to implement the purposes of the Municipalities Planning Code (53 P.S. § 10101 et seq.), as may be amended by state statute in the future, and this chapter.
§ 170-15 Special exception use process.
A.
Purpose. The special exception process is designed to allow careful review of uses that have some potential of conflicts with adjacent uses or areas.
B.
Special exception procedure.
(1)
A site plan shall be submitted, which shall contain the information required in § 170-11. If a fully engineered subdivision or land development will be required, it may be submitted separately, such as after a special exception is approved.
(2)
The Zoning Officer should provide a review to the Zoning Hearing Board regarding the compliance of the application with this chapter.
(4)
The Borough staff should offer a special exception application to the Planning Commission for any advisory review that the Commission may wish to provide. However, the Zoning Hearing Board shall meet the time limits of state law for a decision, regardless of whether the Planning Commission has provided comments.
C.
Consideration of special exception applications. When special exceptions are allowed by this chapter, the Zoning Hearing Board shall hear and decide requests for such special exceptions in accordance with standards established by this chapter, including the following:
(1)
The applicant shall establish by credible evidence that the application complies with all applicable requirements of this chapter. The applicant shall provide the Board with sufficient plans, studies or other data to demonstrate compliance.
(2)
The approval may be conditioned upon the applicant later showing proof of compliance with other specific applicable Borough, state and federal laws, regulations and permits. Required permits or other proof of compliance may be required to be presented to the Borough prior to the issuance of any zoning permit, building permit, certification of occupancy and/or recording of an approved plan.
(3)
The applicant shall establish that the traffic from the proposed use will be accommodated in a safe and efficient manner that will minimize hazards and congestion, after considering any improvements proposed to be made by the applicant as a condition on approval.
(4)
The application shall include proper site layout, internal circulation, parking, buffering, and all other elements of proper design as specified in this chapter.
(5)
The proposed use shall not substantially change the character of any surrounding residential neighborhood, after considering any proposed conditions upon approval such as limits upon hours of operation.
(6)
The proposed use shall not create a significant hazard to the public health and safety, such as fire, toxic or explosive hazards.
(7)
The proposed use shall be suitable for the site, considering the disturbance of steep slopes, mature woodland, wetlands, floodplains, and other important natural features.
D.
Conditions. In granting a special exception, the Zoning Hearing Board may require such reasonable conditions and safeguards (in addition to those expressed in this chapter) as it determines are necessary to implement the purposes of this chapter. Conditions imposed by the Zoning Hearing Board shall automatically become conditions of the building permit issued pursuant thereto, and any failure to comply with said conditions shall be a violation of this chapter.
§ 170-16 Conditional use process.
A.
Purpose. The conditional use approval process is designed to allow the Borough Council to review and approve certain uses that could have significant impacts upon the community and the environment.
B.
Procedure. The Borough Council shall consider the conditional use application and render its decision in accordance with the requirements of the MPC.
(1)
A site plan shall be submitted which shall contain the information required in § 170-11. Detailed site engineering, such as stormwater calculations and profiles, are not required at the conditional use stage. If a fully engineered subdivision or land development plan will be required, it may be submitted separately, such as after a conditional use is approved, or, an applicant may voluntarily choose to submit a subdivision or land development plan for review at the same time as a conditional use application.
(2)
The Zoning Officer should provide a review to the Borough Council regarding the compliance of the application with this chapter.
(3)
The Borough staff shall submit a conditional use application to the Planning Commission for any review that the Commission may wish to provide. However, the Borough Council shall meet the time limits of state law for a decision, regardless of whether the Planning Commission has provided comments.
C.
Consideration of conditional use application. The Borough Council shall determine whether the proposed use would meet the applicable requirements of this chapter. The same standards shall apply to a conditional use as are listed in § 170-15 for a special exception use.
D.
Conditions. In approving a conditional use application, the Borough Council may attach conditions they consider necessary to protect the public welfare and meet the standards of this chapter. These conditions shall be enforceable by the Zoning Officer and failure to comply with such conditions shall constitute a violation of this chapter and be subject to the penalties described in this chapter.
§ 170-17 Variances.
A.
Board may authorize variances. The Zoning Hearing Board shall hear requests for variances where it is alleged that the provisions of this chapter inflict unnecessary hardship upon the applicant. The Board may grant a variance, provided that all of the following findings are made where relevant in a given case:
(1)
That 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;
(2)
That 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 that the authorization of a variance is therefore necessary to enable the reasonable use of the property;
(3)
That such unnecessary hardship has not been created by the appellant;
(4)
That 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; and
(5)
That 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.
§ 170-18 Borough Council.
A.
Function of Borough Council.
(1)
The Council will be responsible for the following:
(a)
To review and/or initiate any requests for amendments submitted or recommended by the Planning Commission and/or the Zoning Hearing Board or any curative amendments prepared by a landowner.
(b)
To hear and decide all requests for recommendations for amendments submitted to the Borough by the Planning Commission or any other applicant for an amendment as set forth herein and as may be provided for in accordance with the requirements of the Pennsylvania Municipalities Planning Code State Act of 1968, P.L. 805, No. 247, as reenacted and amended.
(2)
All findings and decisions of the Council shall be in writing and shall be rendered within 45 days after the last hearing before the Council, and if the Council fails to render such a decision, then the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed, in writing, to an extension of time.
(3)
The Council shall perform such other duties as may be provided or made necessary by this chapter or by the Pennsylvania Municipalities Planning Code, as amended, including the holding of hearings after proper notice and the referral of any pertinent matter to the Planning Commission for review and recommendations. The Council shall keep a full public record and a summary of the facts in cases over which it has jurisdiction and shall maintain adequate records on its findings and decisions.
B.
Notice of hearings.
(1)
Notice of all hearings of the Borough Council shall be given to the public, the applicant, the Zoning Officer, the Planning Commission, the Zoning Hearing Board and such other persons who have made a timely request for such notice. Such notice shall be given in accordance with the term "public notice," as defined in Article III.
(2)
In addition, written notice of said hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing.
C.
Referral to Planning Commission. The Council shall refer to the Planning Commission all applications or appeals which, in the opinion of the Council, require review by the Planning Commission. In its review, the Planning Commission shall determine compliance with the standards and criteria set forth in this chapter and in all cases may report, in writing, its findings and recommendations to the Council within 14 days.
§ 170-19 Hearings.
B.
Date of hearing. The first hearing before the Board or Hearing Officer shall be commenced within 60 days from the date of receipt of the applicant's application, unless the applicant has agreed, in writing, to an extension of time. Each subsequent hearing before the Board or Hearing Officer shall be held within 45 days of the prior hearing, unless otherwise agreed to by the applicant, in writing, or on the record. An applicant shall complete the presentation of his case-in-chief within 100 days of the first hearing. Upon the request of the applicant, the Board or Hearing Officer shall assure that the applicant receives at least seven hours of hearings within the 100 days, including the first hearing. Persons opposed to the application shall complete the presentation of their opposition to the application within 100 days of the first hearing held after the completion of the applicant's case-in-chief. An applicant may, upon request, be granted additional hearings to complete his case-in-chief, provided the persons opposed to the application are granted an equal number of additional hearings. Persons opposed to the application may, upon the written consent or consent on the record by the applicant and municipality, be granted additional hearings to complete their opposition to the application provided the applicant is granted an equal number of additional hearings for rebuttal.
C.
Conduct of hearings. All hearings shall be conducted in accordance with the following:
(1)
The parties to the hearing shall be the Borough, any person affected by the application who has made timely appearance of record and any other person, including civic or community organizations, permitted to appear by the Board or by Borough Council.
(2)
The Board or Borough Council shall have power to administer oaths and to issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by the parties.
(3)
The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on all relevant issues.
(4)
Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded.
(5)
The Board, Borough Council or the Hearing Officer, as the case may be, shall keep a stenographic record of the proceedings.
(6)
The Board, Borough Council or the Hearing Officer shall not communicate, directly or indirectly, with any party or his representatives in connection with any issue involved except upon notice and opportunity for all parties to participate, shall not take notice of any communication, reports, staff memoranda or other materials, except advice from their solicitor, unless the parties are afforded an opportunity to contest the material so noticed and shall not inspect the site or its surroundings after the commencement of hearings with any party or his representative unless all parties are given an opportunity to be present.
(7)
The Board, Borough Council or the Hearing Officer, as the case may be, shall render a written decision or, when no decision is called for, make written findings on the application within 45 days after the last hearing before the Board, Council or Hearing Officer. 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. Conclusions based on any provisions of this chapter or of any law, ordinance, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found. Where the Board, Council or the Hearing Officer, as the case may be, fails to render the decision within the period required by this subsection or fails to hold the required hearing within 60 days from the date of the applicant's request for a hearing, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed, in writing, or on the record to an extension of time.
(8)
A copy of the final decision or, where no decision is called for, of the findings shall be delivered to the applicant personally or mailed to him no later than the day following the date of the decision. To all other persons who have filed their name and address with the Board or Council not later than the last day of the hearing, a brief notice of the decision or findings and a statement of the place at which the full decision or findings may be examined shall be mailed.
§ 170-20 Amendment procedure.
A.
The Council may, on its own motion or by petition, amend, supplement, change, modify or repeal this chapter, including the Zoning Map. Before voting on the enactment of an amendment, the Council shall hold a public hearing thereon, pursuant to public notice as required by State Act of 1968, P.L. 805, No. 247, as reenacted and amended.
B.
Any landowner or the Borough itself may propose and prepare a curative amendment, as defined in Article III, to this chapter for consideration by the Council in accordance with the procedures set forth in the Pennsylvania Municipalities Planning Code, Act of 1968, P.L. 805, No. 247, as reenacted and amended.
C.
In the case of an amendment other than that prepared by the Planning Commission, the Council shall submit each amendment to the Planning Commission at least 30 days prior to the hearing on such proposed amendment. In all cases, the Council shall also submit any proposed amendment to the Lehigh Valley Planning Commission at least 30 days prior to the public hearing on such proposed amendment. Said submittals shall provide each planning agency an opportunity to submit recommendations.
D.
If, after any public hearing held upon an amendment, the proposed amendment is revised or further revised to include land previously not affected by it, the Council shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment. At all public hearings, full opportunity to be heard shall be given to any citizen and all parties in interest.
E.
Within 30 days after enactment, a copy of the amendment to this chapter shall be forwarded to the Lehigh Valley Planning Commission.
§ 170-21 Appeals; violations and penalties.
A.
Appeals. Appeals may be filed with the Zoning Hearing Board not later than 30 days after the date of the action which is being appealed has been made, in accordance with the procedures set forth in the Pennsylvania Municipalities Code, Act of 1968, P.L. 805, No. 247, as reenacted and amended.
B.
Enforcement 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 chapter.
(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 Borough 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 period of 10 days.
(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.
C.
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, the Borough Council or, with the approval of Council, an officer of the Borough 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, 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.
D.
Enforcement remedies.
(1)
Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this chapter 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 attorneys' 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 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 Justice, and thereafter, each day that a violation continues shall constitute a separate violation.
(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.
(3)
Nothing contained in this chapter 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 chapter.
(4)
At the time of adoption of this new chapter, there may be existing violations of the Borough of Wilson Zoning Ordinance No. 645 of 1994. It is not the intent of this chapter to cure or satisfy such prior violations, and the Borough reserves the right to enforce such prior violations under § 170-21C and D of this chapter.
§ 170-22 Filing fees.
[Amended 1-10-2022 by Ord. No. 804; 1-22-2024 by Ord. No. 814, approved 1-22-2024]
Zoning permits and applications will not be considered received until the applicable fee(s) is/are paid to the Borough Zoning Office. The following fees shall be paid at the Office of the Zoning Officer.
A.
Zoning permits and applications. Applicants for zoning permits or other actions shall be required to pay the following fees:
(1)
Zoning application: $100.
(2)
Zoning application requiring one Zoning Board or Borough Council meeting and/or a public hearing and action by either body. The zoning application may include appeals for alleged errors, interpretations, variances, special or conditional uses or requests for zoning amendments. Such fees are necessary to pay for the cost of advertisements, compensation for the Secretary and members of the Zoning Hearing Board, and necessary administrative overhead connected with the hearing: $1,000.
(3)
Occupancy permits: $50.
(4)
Certificate and registration of nonconforming uses: $30.
B.
Special review fees.
(1)
In the event that any applications of the type listed under § 170-22A(2) above require more than one meeting and/or public hearing by the Zoning Hearing Board or Borough Council, then additional reasonable fees may be prescribed by the Borough for the necessary compensation for the Secretary and members of the Zoning Hearing Board, notice and advertising costs and necessary administrative overhead connected with the hearing, in accordance with the requirements of Section 908 of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10908.
(2)
Fees for a required stenographic record of the proceedings shall be shared by the Borough and the applicant as set forth in Section 908 of the Pennsylvania Municipalities Planning Code. 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.
C.
Planning Commission application and review fee: $100.