[Amended 8-13-2007 by Ord. No. 411]
A. The Zoning Officer shall be appointed by the Borough
Council. It shall be the duty of the Zoning Officer to administer
and enforce this chapter. The Zoning Officer shall have the power
to:
(1) Receive appeals and applications for conditional uses,
curative amendments, zone reclassifications and variances, and forward
them to the Borough Council, Planning Commission, Zoning Hearing Board
or other agencies, as appropriate.
(2) Provide testimony at hearings of the Zoning Hearing
Board as required.
(3) Issue zoning permits where there is compliance with
the Pennsylvania UCC requirements and provisions of the Borough ordinances.
Zoning permits for construction or uses requiring a variance shall
be issued only after the grant of a variance by the Zoning Hearing
Board. Permits requiring a conditional use shall be issued only after
the approval of a conditional use by the Borough Council. Permits
requiring a special exception shall be issued only after the approval
of a special exception by the Zoning Hearing Board.
(4) Conduct inspections as prescribed by the Borough Council
or ordinance to determine compliance or noncompliance with the terms
of this chapter.
(5) Issue enforcement notices.
(6) Act on behalf of the Borough 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.
(7) Revoke by written notice any zoning permit, building
permit, or zoning occupancy permit issued under a mistake of fact
or contrary to the law or the provisions of this chapter.
(8) Record and file all applications and plans for permits
and the action taken thereon. All applications, plans, and documents
shall be a public record.
(9) Maintain a map or maps showing the current zoning districts. Upon request, the Zoning Officer shall make determinations of any
Zoning Map district boundary question. Such determination may be appealed to the Zoning Hearing Board.
(10)
Upon the request of the Borough Council, Planning
Commission or Zoning Hearing Board, present facts, records or information
to assist them in making decisions.
(11)
The Zoning Officer shall not issue a zoning
permit for any activity in a subdivision or land development prior
to the final approval of the subdivision and land development plan
and recording thereof, if applicable.
(12)
The Zoning Officer may register all nonconforming
use, lots and structures, together with reasons why they are nonconforming.
B. The Building Code Official shall be certified by the
Department of Labor and Industry under the PA Construction Code Act.
Duties include the following:
(1) Perform plan reviews, issue building permits for construction
over 1,000 square feet, as per the Pennsylvania Construction Code,
perform inspections, issue occupancy permits. Building permits for
construction or uses requiring a variance shall be issued only after
the grant of a variance by the Zoning Hearing Board. Permits requiring
a conditional use shall be issued only after the approval of a conditional
use by the Borough Council. Permits requiring a special exception
shall be issued only after the approval of a special exception by
the Zoning Hearing Board.
(2) Provide testimony at UCC Board of Appeals, as required.
(3) Follow current edition of the Pennsylvania Construction
Code, as enacted and updated.
[Amended 8-13-2007 by Ord. No. 411]
A. Required. Until a zoning permit or building permit
has been issued, no person shall:
(1) Establish or change the use of a structure or land
to a different use.
(2) Establish or change a nonconforming use or structure,
after review and approval by the Zoning Hearing Board.
(3) Erect, make structural alterations to or add to any
structure.
(4) Zoning permits: issued to establish or change use
of structure or land to a different use; erect or make structural
alterations to or add to any structures such as garages, carports,
sheds under 1,000 square feet; establish or change of nonconforming
use or structure. Note: Zoning Hearing Board approval required for
a nonconforming use or structure.
(5) Building permits: issued for any construction not defined in Subsection
A(4) of this section and established pursuant to the UCC Construction Code known as the Pennsylvania Construction Code Act.
B. Application requirements.
(1) Application for the zoning permit or building permit
shall be accompanied by such information as the Zoning Officer or
the Building Code Official may reasonably require.
C. Life of a permit.
(1) Zoning permits or building permits expire one year
from date of issue. Prior to continuance of the activity or change
for which the original permit was issued, a new zoning permit or building
permit must be obtained. The zoning permit may be renewed by the Zoning
Officer and the building permit may be renewed by the Building Code
Official if there has been no change in applicable zoning regulations,
and if such renewal is requested within one month of the date of expiration
of said zoning permit or building permit. If applicable zoning regulations
have been changed, the full review and approval procedure required
by this chapter shall apply. Any zoning permit issued by authorization
of the Zoning Hearing Board shall not be renewed except by authority
of the Zoning Hearing Board.
(2) A zoning permit or building permit for any structure,
building or use may be revoked and withdrawn by the Zoning Officer
if the holder of the permit has failed to comply with the requirements
of this chapter or with any conditions attached to the issuance of
the permit, and the holder of the zoning permit or building permit
may be subject to penalties as provided by this chapter.
D. Approval.
(1) Upon receipt of an application, the Zoning Officer
or Building Code Official, as the case may be, shall either approve
or disapprove the application or submit the application to appropriate
review agencies in conformance with the provisions of this chapter.
All zoning permits and building permits shall be conditional upon
the commencement of work within one year and substantial completion
within 2 1/2 years from the time of issuance of the permit.
(2) Prior to the issuance of a permit for any use in a
floodplain, the Zoning Officer or Building Code Official, as the case
may be, shall require the applicant to indicate compliance with all
applicable state and federal laws.
E. Inspections. The Zoning Officer or the Building Code
Official, as the case may be, shall inspect the site to determine
whether any applicable work is in compliance with the approved zoning
permit.
[Amended 8-13-2007 by Ord. No. 411]
A. Required. Until an occupancy permit has been issued,
no person shall occupy and use a structure and land for the purposes
set forth in the permit. The occupancy permit shall indicate that
the use and structure are in compliance with this chapter and that
all conditions attached to the granting of the permit have been met.
B. Application requirements.
(1) Application for the occupancy permit shall be accompanied
by such information as the Building Code Official may reasonably require.
C. Permit. An occupancy permit shall be revocable where
the Building Code Official determines that the occupant is not complying
with every condition required by the issuance of said permit.
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 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.
A. An enforcement notice shall state at least the following:
(1) The name of the owner of record and any other person
against whom the municipality intends to take action.
(2) The location of the property in violation, including
Allegheny County Tax Map Parcel Number.
(3) The specific violation with a description of the requirements
which have not been met, citing in each instance the applicable provisions
of this chapter.
(4) The date before which the steps for compliance must
be commenced and the date before which the steps must be completed.
(5) That the recipient of the notice has the right to
appeal to the Zoning Hearing Board within 30 days (from the date delivered
or postmarked if mailed).
(6) 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.
B. 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. Each day that a violation continues
shall constitute a separate violation, unless the District Justice
having jurisdiction thereof 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 the violation continues
shall constitute a separate violation.
C. 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
or, with the approval of the Borough, an officer thereof may institute
an 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.
Amendment of this chapter may be proposed by
any member of Council, by the Planning Commission, or by petition
of a person owning property within the Borough, in accordance with
the following provisions:
A. Petitions for amendment submitted by property owners
(other than curative amendments) shall be filed with the Borough.
At the time of filing, the property owner shall pay the fee established
from time to time by resolution of Council to cover the cost of review,
advertising and administration.
B. Any proposed amendment, other than one proposed by
the Planning Commission, shall be referred to the Planning Commission
for review at least 30 days prior to the public hearing to be held
by the Council. The Planning Commission shall review the proposed
amendment and report its findings and recommendations in writing to
the Council and the petitioner, if any.
C. Any proposed amendment shall also be referred to Allegheny
County Economic Development for review and recommendation at least
30 days prior to the public hearing to be held by Council.
[Amended 8-8-2011 by Ord. No. 433]
D. Before voting on the enactment of an amendment, Council shall hold a public hearing thereon pursuant to public notice and, if the proposed amendment involves a
Zoning Map change, notice of said public hearing shall be conspicuously posted along the perimeter of the affected tract at least one week prior to the date of the hearing to notify potentially interested citizens.
E. If, after any public hearing held upon an amendment,
the proposed amendment is changed substantially 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.
Prior to granting final approval of any site
plan, conditional use, or other approval required by this chapter
wherein the developer is required, or has agreed as a condition of
approval, to provide and install specific amenities, including but
not limited to the installation of trees, shrubbery, and other plant
materials, installation of sidewalks, fences, or other landscaped
materials, the provision of driveways, pathways, or other related
remedy to circulation, or the demolition and removal of any structure
or nonconforming signs, the developer shall provide a financial security
to assure satisfactory completion of all said improvements. The amount
of financial security to be posted shall be equal to 110% of the cost
of completion of required improvements estimated as of 90 days following
the date of anticipated completion by a professional engineer licensed
as such in Pennsylvania and certified to be a fair and reasonable
estimate of such cost. Said financial security shall be in the form
of federal or commonwealth chartered lending institution irrevocable
letters of credit and/or restrictive or escrow accounts in such lending
institutions. Said financial security shall be released upon written
certification by the Zoning Officer as to completion of all of the
required improvements.