The Zoning Officer, who shall be appointed as required by the
Monroeville Home Rule Charter, shall:
A. 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. Issue zoning permits and zoning occupancy permits.
C. Maintain a permanent file with all zoning permits, occupancy permits
and applications as public records.
D. Identify and register all nonconforming uses and structures as required
by law. A zoning occupancy permit shall then be issued to the owner
of said use or structure.
Any person, partnership or corporation who or which shall violate
the provisions of this chapter shall, upon conviction thereof in a
summary proceeding, be sentenced to pay a fine of not more than $500.
In default of payment of the fine, such person, the members of such
partnership or the officers of such corporation shall be liable to
imprisonment for not more than 60 days. Each day that a violation
is continued shall constitute a separate offense.
In case any building, structure or land is, or is proposed to
be, erected, constructed, reconstructed, altered, converted, maintained
or used in violation of this chapter, Council may, in addition to
other remedies, institute in the name of the Municipality 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.
Planned developments, including planned residential developments
and planned group units, shall require submission, review and approval
of a preliminary application and of a final application in accordance
with the following procedures and requirements.
A. The preliminary application shall include a location map, site map,
proposed development plan and engineering report. The application
shall be submitted to the Zoning Officer with not fewer than seven
copies and shall be accompanied by the fee.
B. The Zoning Officer shall forward one copy each of the preliminary
application to the Planning Agency, the Municipal Engineer, the Health
Department and the County Planning Commission. Council shall not approve
the preliminary application until reports from each of these agencies
have been received or until the expiration of 30 days from the date
the copies of the application for development were forwarded to said
agencies.
C. The Council shall hold a public hearing within 60 days of the filing
of such preliminary application. Council may continue such hearing
or refer the application back to the Planning Agency but shall complete
the hearing within 60 days of the initial hearing. The Council shall
render its decision not later than 60 days after the conclusion of
the public hearing.
D. The Council shall give tentative approval to a proposed development plan if and only if it is found to meet the criteria set forth in Article
IV.
E. The grant or denial of tentative approval shall include findings
of fact related to the proposed development plan as submitted for
approval, and the reasons for the decision shall be set forth with
particularity in what respect the proposed development plan would
or would not be in the public interest, including but not limited
to each of the cited criteria.
F. In the event that a development plan is granted tentative approval,
with or without conditions, the Council may set forth in the official
written communication the time within which an application for final
approval of the development plan shall be filed or, in the case of
a development plan which provides for development over a period of
years, the periods of time within which applications for final approval
of each part thereof shall be filed.
G. The decision of the Council shall be in writing and shall be given
to the developer personally or mailed to him at his last known address
not later than five working days following the decision.
H. Failure of the Council to render decision and to communicate it to
the applicant in the time and in the manner required shall be deemed
an approval of the application and terms as presented, unless the
applicant has agreed in writing to an extension of time or change
in the prescribed manner of presentation or of communication of the
decision, in which case failure to meet the extended time or change
in manner of presentation and communication shall have like effect.
I. The Council may:
(1) Grant tentative approval of the subject development plan as submitted;
(2) Grant tentative approval subject to specific conditions not included
in the development plan as submitted; or
(3) Deny approval of the development plan.
J. If the developer chooses to reject any conditions attached to the
grant of tentative approval, he may void such tentative approval by
notifying the Council within 30 days of the date of the decision.
K. The grant of tentative approval may be revoked by the Council if
it is notified by the developer of his intention to abandon the proposed
development plan. The grant of tentative approval shall be deemed
to be revoked if the developer does not submit an application for
final approval within the time limits required by this article.
L. Application for final approval of each phase shall be filed with
the Zoning Officer not later than 12 months following the grant of
tentative approval, unless otherwise specified by the Council. The
application shall comprise one reproducible copy and six prints of
the development plan for the phase, including a site plan and supplementary
data, and a certificate of completion of improvements or a guaranty
of improvements as required by this chapter.
M. Recording. Upon the approval of a final plat, the developer shall,
within 90 days of such final approval, record such plat in the office
of the Recorder of Deeds of Allegheny County.
The Council may amend this article as proposed by a member of
the Council, by the Planning Agency or by a petition of a person residing
or owning property within the Municipality in accordance with the
following provisions:
A. Petitions for amendment shall be filed with the Planning Agency,
and the petitioner, upon such filing, shall pay an advertising deposit
and a filing fee in accordance with a schedule annually affixed by
resolution. The Planning Agency shall review the proposed amendment
and report its findings and recommendations in writing to the Council
and to the petitioner. The proposed amendment shall be introduced
before the Council only if a member of the Council elects to do so.
If an amendment proposed by petition is not introduced, the advertising
deposit shall be refunded to the petitioner; otherwise, such deposit
shall be paid to the Municipality.
B. Any proposed amendment introduced by a member of the Council without
written findings and recommendations from the Planning Agency shall
be referred to the Planning Agency for review at least 30 days prior
to public hearing by the Council.
C. Before voting on the enactment of an amendment, the Council shall
hold a public hearing thereon pursuant to public notice. 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.
D. The delineation of any of the floodplain districts may be amended
as specified above where natural or man-made changes have occurred
or where studies by the United States Army Corps of Engineers, River
Basin Commission, or other qualified person document the need for
such change. Prior to any such change, approval shall be obtained
from the Federal Insurance Administration.