This article describes the roles for individuals and groups
as they apply to this chapter. These include the Borough Council,
Zoning Officer, Building Inspector, Planning Commission and Zoning
Hearing Board. It is the purpose of this article to prescribe the
procedures by which the administration of this chapter shall take
place. Nothing contained within the article shall be interpreted as
limiting the adoption of administrative regulations which do not supersede
required stated procedures.
A.
Duties of Council.
(1)
The Council. Under this chapter, Council shall have the duties
of considering and adopting or rejecting proposed amendments or the
repeal of this chapter, as provided by law; and of establishing a
schedule of fees and charges. Under no circumstances shall the duties
of the Council include hearing and deciding questions of enforcement
that may arise.
(2)
Appoint the members of the Planning Commission, the Zoning Hearing
Board and the Zoning Officer.
(3)
Receive and consider the recommendations of the Planning Commission
on matters the Commission reviews pursuant to this chapter.
(4)
Ask for recommendations of the Planning Commission on the adoption
or amendment of this chapter if such recommendations are not prepared
by the Planning Commission. In accordance with § 303(a)
of the Pennsylvania Municipalities Planning Code,[1] Council must ask for recommendations from the Planning
Commission for proposed actions related to:
(a)
The location, opening, vacation, extension, widening, narrowing
or enlargement of any street, public ground, pierhead or watercourse;
(b)
The location, erection, demolition, removal or sale of any public
structure located within the municipality;
(c)
The adoption, amendment or repeal of an official zoning map,
SALDO, zoning ordinance, or capital improvements program: or
[Amended 1-21-2020 by Ord. No. 900]
(d)
The construction, extension or abandonment of any water line,
sewer line or sewage treatment facility.
[1]
Editor's Note: See 53 P.S. § 10303(a).
(5)
Advertise and host a public hearing before adopting a zoning
ordinance or any amendment thereto.
(6)
May remove members of the Planning Commission, the Zoning Hearing
Board or the Zoning Officer from their positions upon just cause and
after a formal hearing.
(7)
Establish fees for the issuance of land development, building,
occupancy and sign permits. In accordance with § 617.3(e)
of the Pennsylvania Municipalities Planning Code,[2] Council may also prescribe fees for conditional use applications,
landowner curative amendments, municipal curative amendments and for
hearings before the Zoning Hearing Board.
[2]
Editor's Note: See 53 P.S. § 10617.3(e).
(8)
Council shall have exclusive jurisdiction to hear and render
final adjudications in the following matters:
(9)
All applications pursuant to § 508 of the Pennsylvania
Municipalities Planning Code, 53 P. S. § 10508, for approval
of subdivisions or land developments under Part V of the Pennsylvania
Municipalities Planning Code, 53 P.S. § 10501 et seq.
(10)
Applications for conditional use under the express provisions
of this chapter.
(11)
Applications for curative amendment to this chapter or pursuant
to § 609.1 and 916.1(a) of the Pennsylvania Municipalities
Planning Code, 53 P.S. §§ 10609.1 and 10916.1(a).
(12)
All petitions for amendments to land use ordinances, pursuant
to the procedures set forth in § 609 of the Pennsylvania
Municipalities Planning Code, 53 P. S. § 10609.
(13)
Appeals from the determination of the Zoning Officer or the
Borough Engineer in the administration of any land use ordinance or
provisions thereof with reference to sedimentation and erosion control
and stormwater management as enabled by the Pennsylvania Municipalities
Planning Code.
(14)
Applications for approvals of planned residential development.
A.
Duties of Zoning Officer.
(1)
The day-to-day administrative procedures provided for in this
chapter are the responsibility of the Zoning Officer. The Zoning Officer's
duties generally involve receiving, reviewing, and issuing building
and zoning permits and certificates of occupancy, maintaining records
of applications and permits, performing inspections to determine compliance
with this chapter, notifying persons violating this chapter, keeping
this chapter and map up-to-date and accepting applications for and
presenting facts at hearings before the Zoning Hearing Board. Council
may amend the duties of the Zoning Officer as deemed necessary for
the health, safety and welfare of the residents. The Zoning Officer
must administer this chapter by its literal terms; the Zoning Officer
does not have any discretionary power and can neither waive nor tighten
any requirement of the chapter. The Zoning Officer is required to
meet qualifications established by the Borough and the Pennsylvania
Municipalities Planning Code[1] and must be able to demonstrate a working knowledge of
the municipal zoning. The Zoning Officer may also serve as the Building
Inspector.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
Zoning permits, building permits and certificate of occupancy. Before
issuing the zoning permit, building permit or certificate of occupancy,
the Zoning Officer shall assure that the proposed construction or
use is in conformity with the provisions of this chapter, as well
as other applicable ordinances of the Borough.
C.
Application for special exception. Any applicant for a building permit
or certificate of occupancy for a structure or use which may be permitted
in the district concerned only as a special exception shall be informed
by the Zoning Officer of the rules and procedures of the Zoning Hearing
Board relating to such applications.
D.
Other duties. Other duties of the Zoning Officer are to:
(1)
Act on behalf of the municipality in any appropriate action
or proceedings to prevent the unlawful erection, construction, reconstruction,
alteration, repair, conversion, demolition, maintenance or use of
any building or structure, to restrain, correct or abate such violation,
so as to prevent the occupancy or use of any building, structure or
land, or to prevent any illegal act, conduct, business or use in or
about such premises.
(2)
Revoke by order any building permit, zoning permit or certificate
of occupancy issued under a mistake of fact or contrary to the law
or the provisions of this chapter.
(3)
Record and file all applications and plans for permits and the
action taken thereon. All applications, plans and documents shall
be a public record.
(4)
Maintain the Official Zoning Map showing the current zoning
districts for all the land within the municipality. Upon request,
the Zoning Officer shall make determination of any Zoning Map district
boundary question. Such determination may be appealed to the Zoning
Hearing Board.
(5)
Upon the request of the Council, Planning Commission or Zoning
Hearing Board, present facts, records or information to assist them
in making decisions.
(6)
Provide testimony at hearings of the Zoning Hearing Board, if
requested.
(7)
Conduct inspections and surveys as prescribed by Council or
ordinance to determine compliance or noncompliance with the terms
of this chapter.
A.
Planning Commission specific intent. It is the purpose of this article
to cite the responsibilities of the Planning Commission in the administration
of designated duties and functions according to the Pennsylvania Municipalities
Planning Code, Act 247,[1] as amended.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
Planning Commission administration and procedure.
(1)
Continuance of commission. There shall be in and for the Borough
of Baldwin a Planning Commission, as previously created by Borough
Ordinance pursuant to the Pennsylvania Municipalities Planning Code,
Act 247.
(2)
Appointment, term and vacancy. The Planning Commission of the
Borough of Baldwin shall consist of five members, all of whom shall
be full-time residents of the Borough, appointed by Council in the
manner prescribed by Act 247 of the Municipalities Planning Code,
as amended. The term of each member shall be for four years; not more
than two shall expire during any calendar year. The Chairman of the
Planning Commission shall promptly notify Council concerning vacancies
in the Planning Commission for any reason, and Council shall fill
the vacancy only for the unexpired term. Such appointments shall be
made within a period of 60 days after such vacancy occurs.
(3)
Meetings. The Planning Commission shall meet as required and
as deemed necessary.
(4)
Conduct of business. The Planning Commission shall elect its
own Chairman and Vice Chairman and create and fill such other offices
as it may determine. Officers shall serve annual terms and may succeed
themselves. The Planning Commission may make and alter bylaws and
rules and regulations to govern its procedures consistent with the
ordinances of Borough of Baldwin and the laws of the commonwealth.
C.
Planning Commission powers, duties and other functions.
(1)
Conduct. The Planning Commission shall at the request of the
Council have the power and shall be required to:
(2)
Conduct. The Planning Commission at the request of Council may:
(a)
Make recommendations to Council concerning the adoption or amendment
of an Official Zoning Map.
(b)
Prepare and present to Council a zoning ordinance, and make
recommendations to the Council on proposed amendments to it as set
forth in this chapter.
(c)
Prepare, recommend and present subdivision and land development
for the consideration of Council.
[Amended 1-21-2020 by Ord. No. 900]
(d)
Prepare and present to Council a building code and a housing
code and make recommendations concerning proposed amendments thereto
following review and approval by the Pennsylvania Department of Labor
and Industry.
(e)
Review and present recommendation to Council on conditional
use applications.
(f)
Complete other actions, including but not limited to the review
and recommendation on conditional use application to Council, or make
such studies as may be necessary to fulfill the duties and obligations
imposed by this chapter.
(g)
Prepare and present to Council an environmental study. Submit
to Council a recommended capital improvements program.
(h)
Prepare and present to Council a water survey which shall be
consistent with the state water plan and any applicable water resources
plan adopted by a river basin commission. The water survey shall be
conducted in consultation with any public water supplier in the area
to be surveyed.
(i)
Promote public interest in, and understanding of, the Comprehensive
Plan and planning.
(j)
Make recommendations to individuals, governmental, civic and
private agencies as to the effectiveness of such agencies' proposals.
(k)
Hold public hearings and meetings.
(l)
Present testimony before any board.
(m)
Require from other departments or agencies of the Borough such
available information as relates to the work of the Planning Commission.
(n)
In the performance of its functions, enter upon any land to
make examinations and surveys with the consent of the owner.
(o)
Prepare and present to Council a study regarding the feasibility
and practicability of using renewable energy sources in specific areas
within the Borough.
(p)
Review the zoning, subdivision and land development ordinance,
Official Zoning Map of the Borough of Baldwin, and regulations governing
the development of land no less frequently than it reviews the comprehensive
plan.
[Amended 1-21-2020 by Ord. No. 900]
(3)
Conduct. Provide recommendations for proposed actions related
to:
(a)
The location, opening, vacation, extension, widening, narrowing
or enlargement of any street, public ground, pierhead or watercourse;
(b)
The location, erection, demolition, removal or sale of any public
structure located within the municipality;
(c)
The adoption, amendment or repeal of an official map, SALDO,
zoning ordinance or capital improvements program; or
[Amended 1-21-2020 by Ord. No. 900]
(d)
The construction, extension or abandonment of any water line,
sewer line or sewage treatment facility.
D.
Planning Commission administrative and technical assistance. Council
may employ administrative and technical services to aid in carrying
out the provisions of Act 247, the Municipalities Planning Code, either
as consultants on particular matters or as regular employees of the
Borough of Baldwin.
E.
Planning Commission assistance. The Planning Commission may, with
consent of Council, accept and utilize any funds, personnel or other
assistance made available by Allegheny County, the commonwealth or
the federal government or any of their agencies or from private sources.
F.
Planning Commission removal. Any member of the Planning Commission
once qualified and appointed may be removed from office for malfeasance,
misfeasance or nonfeasance in office or for other just cause by a
majority vote of Council, taken after the member has received 15 days'
advance notice of the intent to take such a vote. A hearing shall
be held in connection with the vote if the member shall request it
in writing. Any appointment to fill a vacancy created by removal shall
be only for the unexpired term.
G.
Membership of Zoning Hearing Board. The membership of the Zoning
Hearing Board shall consist of five residents of Borough of Baldwin
appointed by Council. Their terms of office shall be five years and
shall be so fixed that the term of one member shall expire each year.
The Board shall promptly notify Council of any vacancies which occur.
Appointments to fill vacancies shall be only for the unexpired portion
of the term. Members of the Board shall hold no other elected or appointed
office in Borough of Baldwin nor shall any member be an employee of
the Borough.
H.
Organization of the Zoning Hearing Board. The Board shall elect from
its own membership its officers, who shall serve annual terms as such
and may succeed themselves. For the conduct of any hearing and taking
of any action, a quorum shall be not less than a majority of all the
members of the Board, but the Board may appoint a Hearing Officer
from its own membership to conduct any hearings on its behalf and
the parties may waive further action by the Board as provided by law.
The Board shall adopt rules consistent with this chapter and the laws
of the commonwealth. Such rules shall include, but not be limited
to, the manner of filing appeals and the manner of filing applications
for special exceptions and variances. The Borough Manager or his or
her representative shall serve as Secretary to the Zoning Hearing
Board.
I.
Removal of Zoning Hearing Board members. Any Board member may be
removed for malfeasance, misfeasance or nonfeasance in office or for
other just cause by a majority vote of Council which appointed the
member, taken after the member has received 15 days' advance notice
of the intent to take such a vote. A hearing shall be held in connection
with the vote if the member shall request it in writing.
J.
Zoning Hearing Board jurisdiction, meetings, hearings and other matters.
(1)
Zoning Hearing Board. Council shall appoint a Zoning Hearing
Board in accordance with the provisions of the Borough's Code of Ordinances
and § 901 of the Pennsylvania Municipalities Planning Code.[2] The Zoning Hearing Board shall have the following powers:
(a)
To hear and decide appeals where it is alleged there is error
in any order, requirement, decision or determination made by the Zoning
Officer in the enforcement of this chapter.
(b)
To hear and decide all variances to the terms of this chapter;
the Zoning Hearing Board is required to act under provisions of this
chapter including approval of the expansion, extension or enlargement
of nonconforming uses only as provided for in this chapter and/or
as otherwise prescribed within the Pennsylvania Municipalities Planning
Code § 909.1.[3]
[3]
Editor's Note: See 53 P.S. § 10909.1.
(c)
To authorize upon appeal in specific cases such variance from
the terms of this chapter as will not be contrary to the public interest,
where owing to special conditions a literal enforcement of the provisions
of this chapter would result in an unnecessary hardship, and so that
the spirit of this chapter shall be observed and substantial justice
done.
(e)
To hear and decide appeals from a determination by a municipal
engineer or the Zoning Officer with reference to the administration
of any floodplain or flood hazard ordinance or such provisions within
a land use ordinance.
(g)
To hear and decide 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 stormwater management insofar as the same relate to development not involving Article V or VII applications prescribed within the Pennsylvania Municipalities Planning Code.
[2]
Editor's Note: See 53 P.S. § 10901.
(2)
In exercising the above mentioned powers, such Zoning Hearing
Board may, in conformity with the provisions of this section, reverse
or affirm, wholly or partly, or may modify the order, requirement,
decision or determination appealed from and may make such order, requirement,
decision or determination as in its opinion ought to be made. Notice
of such decision shall forthwith be given to all parties in interest
and shall be filed immediately with the Zoning Officer.
K.
Zoning Hearing Board meetings. Meetings of the Zoning Hearing Board
shall be held at the call of the Chairman and at such other times
as the Board may determine as per its rules and procedures. All meetings
of the Board shall be open to the public. The Board shall keep minutes
of its proceedings showing the vote of each member upon each question
or, if absent or failing to vote, indicating such fact, and shall
keep records of its examinations and other official actions, all of
which shall be immediately filed with the permanent records of the
Board and shall be a public record.
L.
Zoning Hearing Board hearings. The Board shall conduct hearings and
make decisions in accordance with the requirements and provisions
under § 908, Hearings, Pennsylvania Municipalities Planning
Code.[7] Public notice shall be given and written notice shall
be given to the applicant, the Zoning Officer and such other persons
who have registered a name and address for this purpose with the Zoning
Hearing Board.
[7]
Editor's Note: See 53 P.S. § 10908.
N.
Zoning Hearing Board expenditure for services. Within the limits
of funds appropriated by the Council, the Board may employ or contract
for secretaries, clerks, legal counsel, consultants and other technical
and clerical services. Members of the Board may receive compensation
for the performance of their duties, as may be fixed by Council and
as per the provisions of § 907 of the Pennsylvania Municipalities
Planning Code.[9]
[9]
Editor's Note: See 53 P.S. § 10907.
