The purpose of this article is to establish procedures for the
administration, enforcement and amendment of this chapter consistent
with the state's Municipalities Planning Code.
A.
The administration, enforcement and amendment of this chapter shall be in accordance with the provisions of Article VI and any other applicable sections of the Pennsylvania Municipalities Planning Code, Act 247, as amended, hereinafter referred to in this article as the "Municipalities Planning Code."
B.
There shall be a Zoning Officer, who shall be appointed by the Borough
Council and shall be responsible for the administration and enforcement
of this chapter. The Borough Manager may also exercise the powers
and duties of the Zoning Officer listed in this article. Additionally,
the Zoning Officer may delegate the power of enforcement to another
qualified employee of the Borough. All employees engaged in the administration
and enforcement of this chapter shall report to the appropriate Council
committee and the Borough Manager.
C.
The Zoning Officer and the Borough Manager shall not hold any elected
office in the Borough.
D.
The Zoning Officer shall administer this chapter in accordance with
its literal terms and shall not have the power to permit any construction,
use, or change of use that does not conform to this chapter.
E.
The Zoning Officer may be authorized to institute civil enforcement
proceedings as a means of enforcing this chapter.
F.
Duties. The duties of the Zoning Officer shall include, but not be
limited to, the following:
(1)
The enforcement of all provisions of this chapter and all amendments
thereto.
(2)
The receiving, examination, recording and filing of all applications
and fees for zoning permits and the issuance of such permits when
a proposed structure or use conforms to the requirements of this chapter.
(3)
The issuance of permits for uses and construction by special
exception or variance only after such uses or buildings are approved
by the Zoning Hearing Board, in accordance with the provisions of
this chapter.
(4)
The regular inspection of all areas of the Borough to determine
if there are any violations of this chapter and to review the validity
of any reported zoning violations.
(5)
The issuance of all necessary stop orders, and to order in writing
corrections of all conditions found to be in violation of this chapter.
It shall be unlawful for any person to violate any such order lawfully
issued by the Zoning Officer, and any person violating such order
shall be guilty of a violation of this chapter.
(6)
The maintenance or initiation and oversight of the maintenance
of a map or maps showing the current zoning classification of all
land in the Borough.
(7)
Upon request of the Council, Planning Commission or Zoning Hearing
Board, the presentation of facts, records and any similar information
to such body on specific requests to assist these bodies in reaching
their decisions.
G.
Appeals from decisions of the Zoning Officer. An appeal from a decision
or action of the Zoning Officer shall be made directly by a party
of interest to the Zoning Hearing Board, and such appeal shall be
made within 30 days after notice of the decision is made, or if no
decision is made, 30 days after the date when a decision is deemed
to have been made, in accordance with the Municipalities Planning
Code, as amended.
H.
Violations.
(1)
Whenever a violation of this chapter is alleged to have occurred,
any person may file a written and signed complaint. Such complaint,
stating fully the causes and basis thereof, shall be filed with the
Zoning Officer, who shall record such complaint promptly and immediately
investigate and take action thereon as provided in this chapter.
(2)
Persons found to be in violation of this chapter shall pay a
judgment of no more than $500 plus all court costs, including reasonable
attorneys' fees incurred by the Borough. See Section 617.2 of the
Municipalities Planning Code.
A.
Enforcement notice. 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(s) on which the violation has occurred, to any person
who has filed a written request to receive an enforcement notice regarding
that parcel, and to any other person requested in writing by the owner
of record. An enforcement notice shall include the minimum components
required in Section 616.1(c) of the Municipalities Planning Code.
B.
Causes of action. See Section 617 of the Municipalities Planning
Code.
C.
Enforcement remedies. See Section 617.2 of the Municipalities Planning
Code.
D.
Jurisdiction. The Magisterial District Judge shall have initial jurisdiction
over proceedings brought under Section 617.2 of the Municipalities
Planning Code.
A.
Building permits. A building permit shall be required prior to the
erection, alteration or extension, or conversion of any building,
structure or portion thereof, including signs and fences; prior to
the use or change in use of a building or land; and prior to the change
or extension of a nonconforming use or structure.
(1)
Application for building permits. Application for building permits
shall be made to the Building Code Official on such forms as may be
furnished by the Borough. Each application shall contain all information
necessary to ascertain whether the proposed erection, alteration,
use or change in use complies with the provisions of this chapter.
(2)
Issuance of building permits.
(a)
No building permit shall be issued until the Building Code Official
has certified that the proposed building or alteration and the proposed
use of the property comply with the provisions of this chapter.
(b)
Building permits shall be granted or refused within 45 working
days after date of application. In case of refusal, the applicant
shall be informed of his right to appeal to the Zoning Hearing Board.
B.
Occupancy permits.
(1)
An occupancy permit shall be deemed to authorize and is required
for both initial and continued occupancy and the use of the building
or land to which it applies. Such a permit shall certify that the
premises have been inspected and comply with all previously approved
plans and conditions or safeguards attached to the issuance of a building
permit. It shall also certify that the premises comply with all other
applicable requirements of the Borough. The following shall be unlawful
until an occupancy permit has been applied for and issued by the Building
Code Official:
(2)
Applications for occupancy permits.
(a)
Applications for an occupancy permit shall be made on forms
furnished by the Borough after the building or part thereof has been
erected, the change in use has been completed, or the land has been
placed in use. In the case of a change in ownership of an existing
residential building, the owner of such a building shall apply for
an occupancy permit upon its sale.
(b)
Applications for occupancy permits shall be accompanied by payment
of the required fee.
(3)
Action of the Building Code Official.
(a)
The Building Code Official shall, with 15 days of the application
filing, inspect the premises and either certify their compliance with
the previously approved plans and all conditions and safeguards stated
upon issuance of the an occupancy permit or deny such certification.
In the case of a change in occupancy or use of an existing building
or vacant land (when no zoning permit is required), the Building Code
Official shall verify compliance with the applicable zoning regulations.
(b)
If the certification of the occupancy permit form is denied,
the Building Code Official shall state in writing the reasons for
such denial.
C.
Permits for trailers or other temporary structures.
(1)
Prior to the placement or location of a trailer or other temporary
structure on a site, a permit shall be obtained from the Building
Inspector as noted above in this section. Such temporary permit shall
be effective for not more than 90 days, and a permit renewal shall
be required where such trailer or other temporary structure shall
occupy the property for a longer period of time.
(2)
Temporary permits shall authorize the placement of temporary
structures for not more than six months in any given calendar year,
unless stated elsewhere in this chapter or in circumstances deemed
necessary by the Building Inspector.
(3)
Nothing in this subsection shall be construed to prohibit the
parking of trailers or recreational vehicles in private driveways
or garages.
D.
Expiration of permits. Permits for the erection, razing, change,
alteration or removal of a building shall be valid or effective for
a period of not more than six months from the date of issuance thereof
and shall thereafter be void, unless the work authorized by such permit
shall have been substantially commenced within that period and continues
with due diligence from that time forward. In no event shall a use
and occupancy permit be construed to authorize the development activities
for more than a three-year period of time, after which time a new
permit must be sought. If, however, the applicant has been delayed
in proceeding with the work for which the permit was granted for reasons
beyond his or her control and demonstrably not due to his or her own
negligence, at the discretion of the Building Code Official, the permit
may be renewed without additional costs to the applicant.
E.
Fees.
(1)
The Upland Borough Council shall establish, from time to time
by resolution, a schedule of fees, charges, expenses and collection
procedures for building, zoning and occupancy permits, sign and fence
permits, special exceptions, variances, and appeals, amendments and
other matters pertaining to this chapter.
(2)
A schedule of fees shall be posted in the office of the Building
Inspector and may be altered or amended by the Borough Council only.
(3)
No action shall be taken on any application for a building,
zoning, occupancy or sign permit, or special exception, appeal or
other similar matter pertaining to this chapter until all application
fees, charges and expenses have been paid in full.
A.
Power to amend. The regulations, restrictions, boundaries and requirements
set forth in this chapter may be amended, supplemented, changed or
repealed by the Borough Council by amending this chapter in accordance
with Sections 609, 609.1 and 609.2 of the Municipalities Planning
Code.
B.
Procedure for amendment.
(1)
An ordinance amending, supplementing or changing the district boundaries (Zoning Map) or the regulations established herein may be initiated:
(a)
By the Borough Council, upon its own initiative or upon recommendation
of the Planning Commission.
(b)
Upon a petition to the Borough Council signed by the owners
of 50% or more of the frontage of any area, which shall be between
two streets, wherein a change of zoning regulations is being sought.
(c)
By a landowner requesting an amendment or repeal. In the case
of a curative amendment, the special requirements of Section 609.1
of the Municipalities Planning Code shall apply.
(2)
Before voting on the enactment of an amendment, the Borough
Council shall hold a public hearing thereon, pursuant to public notice.
If the proposed amendment involves a map change, notice of said public
hearing shall be conspicuously posted at points deemed sufficient
by the Borough along the tract(s) under consideration at least one
week prior to the hearing. In addition, when an a proposed amendment
involves a map change, a mailing shall be sent via first class mail
to the real estate tax bill addresses of all property within an area
be rezoned least 30 days prior to the public hearing date. The mailing
must include at least the date, time and location of the hearing.
(3)
The Borough Council shall submit each proposed zoning amendment,
other than one prepared by the Planning Commission, to the Planning
Commission at least 30 days prior to any hearing which is to be held
on the proposed amendment to provide the Planning Commission with
an opportunity to submit its recommendations prior to final action.
(4)
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 Borough Council shall hold another public
hearing as required by law pursuant to public notice before proceeding
to vote on the amendment.
(5)
As required by the Municipalities Planning Code, a copy of any
proposed zoning amendment shall also be sent to the County Planning
Commission at least 30 days prior to any hearing on the proposed amendment
in order to provide the County Planning Commission an opportunity
to submit its recommendations prior to final action on the amendment.
(6)
The Borough may offer a mediation option as an aid in completing proceedings authorized in this section (§ 185-2304). In exercising such an option, the Borough and mediating parties shall meet the stipulations of Section 908.1 of the Municipalities Planning Code.
(7)
Within 30 days after enactment, a copy of the amendment to this
chapter shall be forwarded to the Delaware County Planning Department.
