[Ord. 970, 5/16/2007, § 1301]
1.
Appointment. The Zoning Officer shall be appointed by the Borough
Council and shall hold no 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.
2.
Duties and Responsibilities. In order to properly administer and
enforce this chapter, the Zoning Officer shall have the following
powers and duties:
A.
To administer and enforce the provisions of 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.
B.
Receive all applications for zoning certificates and occupancy permits,
and maintain records thereof.
C.
Inspect all land and structures for which a zoning certificate has
been issued or an occupancy permit has been applied for or issued
to determine compliance with this chapter and to make all other inspections
necessary to enforce the provisions of this chapter.
D.
Issue zoning permits and occupancy permits in accordance with the
provisions of this chapter.
E.
To maintain a permanent file with all zoning certificates, occupancy
permits and applications as public records.
F.
Receive, file and forward to Borough Council all application materials
for conditional uses, and maintain records thereof.
G.
Forward to the Planning Commission all application materials for
conditional uses, variances, special exceptions, subdivisions and
land developments, and any other relevant matter within the purview
of the Planning Commission.
H.
Forward to the Environmental Advisory Committee all applications for subdivision and land development applications pertinent to the responsibilities of the Environmental Advisory Council under Chapter 22 of the Forest Hills Borough Code of Ordinances, "Subdivision and Land Development."
I.
Receive, file and forward to the Board the records of all appeals,
and all applications for variances and uses by special exception and
changes in nonconforming uses in accordance with the provisions of
this chapter.
J.
Receive, file and review applications for registration of nonconforming
uses and, upon presentation of acceptable documentation that the use
or structure was legally in existence prior to the effective date
of this chapter or any amendment thereto, shall register all nonconforming
uses and structures as required by law. A certificate setting forth
the existing zoning shall then be issued to the owner of said use
or structure.
K.
Issue enforcement notices for violations of any provision of this chapter to the owner of record of the parcel on which the violation has occurred, to any other person against whom the Borough intends to take action, 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 of the parcel. Enforcement notices shall be in a form and manner consistent with § 27-1304, Subsection 3, hereof, and shall be delivered personally or by certified mail, return receipt requested.
L.
Initiate civil enforcement proceedings for failure to comply with
enforcement notices unless the Borough Council, after receipt of the
enforcement notice, directs to the contrary by motion or resolution.
M.
Institute, with approval or on at direction of Borough Council, appropriate
equitable enforcement action to prevent, restrain, abate or correct
any violation of this chapter.
N.
Revoke any order or zoning certificate or occupancy permit issued
under a mistake or contrary to provisions of this chapter.
[Ord. 970, 5/16/2007, § 1302; as amended by Ord.
1041, 9/18/2013, § 9]
1.
General.
A.
No use of land shall be made or any building or structure constructed,
altered, remodeled, sold, leased, occupied or used, nor any existing
use of a building, structure of land be changed until a zoning use
permit and a zoning occupancy permit have been issued by the Zoning
Officer.
B.
The improvements of land preliminary to any use of such land shall
not be commenced prior to the issuance of the zoning use permit.
C.
Any permit issued.
2.
Permit Application and Issuance Procedure.
A.
Whenever the proposed activity, whether new construction or alteration of an existing use, requires a building permit under the Borough Construction Code [Chapter 5, Part 1], the applications for the zoning use permit and zoning occupancy permit shall be made prior to or simultaneously with the application for the building permit. However, the building permit shall not be issued until the zoning use permit has been granted.
B.
When no building permit is required, the application for the zoning
use permit and zoning occupancy permit may be made at any time prior
to the use or occupancy of the structure or land.
C.
Permit applications shall be submitted in writing on such forms or
in such format as established by the Borough. Unless specified by
another Part of this chapter, applicants shall submit 20 hard copies
and one electronic copy of all application materials. The Zoning Officer
may request any information necessary to determine the application's
compliance with this chapter.
D.
The Zoning Officer shall not issue the zoning use permit or zoning occupancy permit unless the property complies with this chapter, the Borough Construction Code [Chapter 5, Part 1], the Borough Property Maintenance Code [Chapter 5, Part 2], the Borough Subdivision and Land Development Ordinance [Chapter 22], and all other applicable Borough, county, state and federal laws, ordinances and regulations, and until all other required approvals and permits have been obtained from applicable Borough, county, state and federal agencies. The applicant shall submit copies of all such required approvals and permits to the Zoning Officer.
E.
Where approvals are not required by other Borough agencies or governmental
entities, the Zoning Officer shall review and approve or disapprove
the application. However, the Zoning Officer may seek the advice and
recommendations of the Planning Commission on any application.
F.
An application for a zoning use permit does not permit occupancy.
A zoning occupancy permit is also required. Under certain circumstances,
application for any approval of a zoning use permit and zoning occupancy
permit may be combined.
G.
Upon completion of the applied-for work, the applicant shall notify
the Zoning Officer who shall examine the building, structure or use
of land involved. If the Zoning Officer shall find that such construction,
erection, structural alteration or use of building and land has been
completed in accordance with the provisions of this chapter and other
applicable ordinances, the zoning occupancy permit shall be issued.
H.
As a precondition to the issuance of any zoning use permit or zoning
occupancy permit, a landowner shall permit the Zoning Officer to inspect
both the exterior and interior of the property, as deemed necessary
by the Zoning Officer. Any failure or refusal to permit such inspection
shall result in denial of any application for zoning use permit or
zoning occupancy permit.
I.
The Borough shall not issue a no-lien letter in connection with the
sale of any property in the Borough unless and until either the proposed
buyer or proposed seller has applied for and obtained a zoning occupancy
permit in connection with the sale of the property.
3.
Period of Validity.
A.
A zoning use permit shall become null and void within six months
of the date of issuance unless the construction, altering, remodeling
of a building or structure is commenced or a use of land or building
is commenced.
B.
A nonresidential zoning occupancy permit shall be valid for a period
of one year. The landowner shall be responsible for applying for a
renewed permit prior to the expiration of an existing permit. The
Zoning Officer shall be responsible for scheduling inspections related
thereto.
4.
Temporary Zoning Use and Zoning Occupancy Permits. The Zoning Officer
may issue a temporary zoning permit which may allow the use or occupancy
of a building or structure during structural alteration thereof or
may permit the partial use or occupancy of a building or structure
during its construction or erection; provided, however, that such
a temporary permit shall be valid only for a period not exceeding
six months from its issuance and shall be subject to such restrictions
and provisions as may be deemed necessary by the Zoning Officer to
ensure the safety of persons using or occupying the building, structure
or land involved.
[Ord. 970, 5/16/2007, § 1303]
Borough Council shall establish, from time to time, fees and
charges for all permits and applications required by this chapter.
This schedule, along with an explanation of the collection procedure,
shall be posted in the offices of the Borough Manager. All fees and
charges shall be adopted by resolution of Borough Council at any regular
or special meeting.
[Ord. 970, 5/16/2007, § 1304; as amended by Ord.
976, 1/16/2008]
1.
Civil Enforcement Proceedings.
A.
Except where a different penalty is provided, 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 therefore
in a civil enforcement proceeding commenced by the Borough, pay a
judgment of not more than $500, plus all court costs, including reasonable
attorney fees incurred by the Borough as a result thereof. No judgment
shall commence or be imposed, levied or be payable until the date
of the determination of a violation by the magisterial district judge.
If the defendant neither pays nor appeals the judgment in a timely
manner, 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 magisterial district 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 for the determination of a
violation by the magisterial district judge, and thereafter, each
day that a violation continues shall constitute a separate violation.
All judgments, costs and reasonable attorney fees collected for the
violation of 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.
3.
Enforcement Notice. The requisite enforcement notice, initiating
a civil enforcement proceeding, shall contain the following information,
in addition to any other information required by the MPC, 53 P.S.
§ 10101 et seq.:
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 a right to appeal to the Board
within 10 days of receipt of the enforcement notice pursuant to the
procedures set forth in this chapter.
F.
That failure to comply with the notice within the time specified,
unless extended by appeal to the Board, constitutes a violation with
possible sanctions clearly described.
4.
Equitable Enforcement Proceedings. 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 Zoning Officer and/or the Borough Solicitor,
with the approval of the Borough Council, may institute in the name
of the Borough any appropriate equitable action or proceeding to prevent,
restrain, correct or abate such buildings, structure or land, or to
prevent, in or about such premises, any act, conduct, business or
use constituting a violation. These remedies shall be in addition
to any other remedies provided by law.
5.
Nothing contained in this section 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 section.
[Ord. 970, 5/16/2007, § 1305]
1.
Amendments of this chapter may be initiated by Borough Council, by
the Planning Commission, or by a petition of a landowner within the
Borough in accordance with the following provisions:
A.
Petitions for amendment by landowners, other than curative amendments under § 27-1306 of this chapter, shall be filed in writing with the Zoning Officer, and the petitioner, upon such filing, shall pay a filing fee and/or review deposit in accordance with the schedule fixed by resolution of Borough Council.
B.
Any proposed amendment other than one proposed by the Planning Commission
shall be referred to the Planning Commission for review. The Planning
Commission shall review the proposed amendment and report its findings
and recommendations, in writing, to the Borough Council and to the
petitioner. When the Borough Council has adopted a Comprehensive Plan,
any subsequent proposed action of Borough Council related to adoption,
amendment or repeal of a zoning ordinance shall be submitted to the
Planning Commission for its recommendations. The recommendations of
the Planning Commission, including a specific statement as to whether
the proposed action is in accordance with the objectives of the Comprehensive
Plan shall be made in writing to Borough Council within 45 days.
C.
In the event the Planning Commission recommends approval of the proposed
amendment, in whole or in part, or if a public hearing is requested
by at least one member of the Borough Council, a public hearing will
be scheduled on the proposed amendment and a copy of the same submitted
to the Allegheny County Department of Economic Development at least
30 days prior to the public hearing in accordance with the requirement
of the MPC.
D.
If the proposed amendment involves a Zoning Map change, notice of
the public hearing shall be conspicuously posted by the Borough at
points deemed sufficient by it along the tract to notify potentially
interested citizens. The affected tract shall be posted at least one
week prior to the date of the hearing.
E.
Notice of any proposed Zoning Map change shall also be mailed by
the Borough at least 30 days prior to the public hearing by first
class mail to the addresses to which real estate tax bills are sent
for all real property located within the area being rezoned, as evidenced
by tax records within the possession of the Borough. A good faith
effort and substantial compliance shall satisfy the requirements of
this subsection. This subsection shall not apply to a comprehensive
rezoning.
F.
If, after any public hearing held upon an amendment, the proposed
amendment is substantially revised or further revised to include land
previously not affected by it, then the Borough Council shall hold
another public hearing pursuant to public notice before proceeding
to vote on the amendment.
G.
The Borough Council shall act on a proposed amendment to this chapter
within 90 days of the date of the meeting at which the public hearing
on the amendment is closed. If the Borough Council fails to so act
within the said ninety-day period, then the proposed amendment shall
be deemed denied.
H.
Within 30 days after enactment, a certified copy of the amendment
to this chapter shall be forwarded to the Allegheny County Department
of Economic Development.
I.
The proposed amendment shall also be published, advertised and made
available to the public in accordance with the requirements of the
Municipalities Planning Code, 53 P.S. § 10101 et seq.
[Ord. 970, 5/16/2007, § 1306]
1.
Any landowner who wishes to challenge, on substantive grounds, the
validity of this chapter or the Zoning Map or any provision thereof
which prohibits or restricts the use or development of land in which
he/she has an interest may prepare and submit a curative amendment
to the Borough Council, in the form he/she proposes it be adopted,
together with a written request that his/her challenge and proposed
amendment be heard and decided in accordance with the requirements
of the MPC, 53 P.S. § 10101 et seq. The Borough Council
shall hold a public hearing, pursuant to public notice, on the matter
within 60 days of receiving an administratively complete curative
amendment request. Public notice of the public hearing shall be given
by the Borough in accordance with the requirements of the MPC, 53
P.S. § 10101 et seq. Public hearings shall be conducted
and held in accordance with the applicable provisions of the MPC,
53 P.S. § 10101 et seq. The Borough Council shall comply
with all applicable requirements of the MPC, 53 P.S. § 10101
et seq., regarding the conduct of hearings and decisions related thereto.
A.
Referral to Planning Commission. The curative amendment and challenge
shall be referred to the Planning Commission and the Allegheny County
planning agency or its designee at least 30 days prior to the public
hearing for review and comment.
B.
Declaration of Invalidity by the Court. If the Borough does not accept
a landowner's curative amendment brought in accordance with this section
and a court subsequently rules that the challenge has merit, the court's
decision shall not result in a declaration of invalidity for this
entire chapter but only for those provisions which specifically relate
to the landowner's curative amendment and challenge.
C.
Evaluation of Merits of Curative Amendment. If the Borough Council
determines that a validity challenge has merit, then the Borough Council
may accept a landowner's curative amendment, with or without revision,
or may adopt an alternative amendment which will cure the challenged
defects. The Borough Council shall consider the curative amendments,
plans and explanatory material submitted by the landowner and shall
also consider:
(1)
The impact of the proposal upon roads, sewer facilities, water
supplies, schools and other public service facilities.
(2)
If the proposal is for a residential use, the impact of the
proposal upon regional housing needs and the effectiveness of the
proposal in providing housing units of a type actually available to
and affordable by classes of persons otherwise unlawfully excluded
by the challenged provisions of this chapter or the Zoning Map.
(3)
The suitability of the lot's soils, slopes, woodlands, wetlands,
floodplains, aquifers, natural resources and other natural features
for the intensity of the proposed uses.
(4)
The impact of the proposed use on the lot's soils, slopes, woodlands,
wetlands, floodplains, natural resources and natural features, the
degree to which these are protected or destroyed, the tolerance of
the resources to development and any adverse environmental impacts.
(5)
The impact of the proposal on the preservation of agriculture
and other land uses which are essential to the public's health, safety
and welfare.
[Ord. 970, 5/16/2007, § 1307]
If the Borough Council determines that this chapter or a portion
thereof is substantially invalid, it may implement the procedure for
municipal curative amendments provided for in § 609.2 of
the MPC, 53 P.S. § 10609.2 et seq.
[Ord. 970, 5/16/2007, § 1308]
2.
Duties and Responsibilities. The Planning Commission shall at the
request of the Borough Council have the power and shall be required
to:
A.
Prepare the Comprehensive Plan for the development of the Boroughs
as set forth in the MPC, 53 P.S. § 10101 et seq., and present
it for the consideration of Borough Council.
B.
Maintain accurate and correct records of all of its actions taken by it in relation to the provisions of this chapter and Chapter 22 of the Forest Hills Borough Code of Ordinances, "Subdivision and Land Development Ordinance." All records and files of the Planning Commission shall be in the possession of the Borough Council.
C.
Submit by March 1 of each year a report to Borough Council outlining any substantive or administrative problems that have been identified in this chapter and Chapter 22 of the Forest Hills Borough Code of Ordinances, "Subdivision and Land Development," along with recommended changes in this chapter to reflect changes in development conditions, land uses, population, public services and facilities or similar conditions in the Borough.
D.
Prepare and make recommendations to Borough Council on proposed amendments to this chapter, the Zoning Map and Chapter 22 of the Forest Hills Borough Code of Ordinances, "Subdivision and Land Development Ordinance."
E.
Review and make recommendations to Borough Council on applications
for conditional uses.
F.
Review and make recommendations to the Board on applications for
variances, uses by special exception and changes in nonconforming
uses.
G.
Review and make recommendations to Borough Council on applications for subdivisions and land development pursuant to Chapter 22 of the Forest Hills Borough Code of Ordinances, "Subdivision and Land Development."
H.
Provide technical and consultative assistance to other Borough Boards,
commissions and officials in exercise of their duties relating to
this chapter.
I.
Where requested by the Zoning Officer, render advice and recommendations
on any application.
J.
Review this chapter, Subdivision and Land Development Ordinance [Chapter 22], Forest Hills Borough Zoning Map and such other ordinances and regulations governing the use and development of land no less frequently than it reviews the Comprehensive Plan.
K.
Do such other acts as may be necessary to fulfill the duties and
obligations imposed by the MPC, 53 P.S. § 10101 et seq.,
and this chapter.
L.
Review and make recommendations on whether proposed Borough actions
are in accordance with the objectives of the Comprehensive Plan as
submitted to the Planning Commission.
3.
Rules. The Planning Commission shall adopt rules governing its activities,
including the receipt and review of applications submitted under this
chapter. Robert's Rules of Order shall govern the conduct of business
at Planning Commission meetings; to the extent Robert's Rules are
consistent with applicable law.
4.
Meetings. The Planning Commission shall meet regularly at a prescribed
time, date and meeting place advertised in accordance with the Sunshine
Law, 65 Pa.C.S.A. § 701 et seq.. All meetings of the Planning
Commission shall be open to the public. Special meetings may be called
by the Chairman, as deemed necessary. The Secretary of the Planning
Commission shall keep minutes of all meetings.
5.
Records and Annual Report. The Planning Commission shall maintain
public records of its business and shall file a written report of
its activities with Borough Council by March 1st of each year. Interim
reports may be made, as necessary, or at the request of Borough Council.
6.
Expenditures. Borough Council shall budget funds for the Planning
Commission to employ or contract for secretaries, clerks, legal counsel,
consultants and other technical or clerical personnel.
[Ord. 970, 5/16/2007, § 1309]
1.
The Borough Council shall have jurisdiction over and responsibility
for the following matters under this chapter:
A.
Applications for approval of conditional uses under the express provisions of Part 9 of this chapter and § 603(c)(2) of the MPC, 53 P.S. § 10603(c)(2).
C.
Applications for curative amendments to this chapter pursuant to § 27-1306 of this chapter and §§ 603(c)(2) and 916(a)(2) of the MPC, 53 P.S. §§ 10603(c)(2), 10916(a)(2).
D.
Applications for approval of Planned Developments pursuant to Part 6 of this chapter and the MPC, 53 P.S. § 10101 et seq.
E.
Appointment of members of the Board, Planning Commission and Environmental
Advisory Council.
F.
Scheduling and holding public hearings.
G.
Establishing, by resolution, a schedule of fees and charges for administration
of this chapter.
