Borough of Sewickley, PA Article XVII Administration and Enforcement

§ 330-1701 Outline of administrative roles and duties.

A. Borough Council.

(1) The Borough Council. Under this chapter the Borough 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 Borough 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, the Borough 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 the Official Map, SALDO, Zoning Ordinance or provisions for planned residential development, or capital improvements program: or

(d) The construction, extension or abandonment of any waterline, sewer line or sewage treatment facility.

(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 the Municipalities Planning Code § 717.3(e), the Council may also prescribe fees for conditional use applications, landowner curative amendments, municipal curative amendments and for hearings before the Zoning Hearing Board.

(8) The Council shall have exclusive jurisdiction to hear and render final adjudications in the following matters:

(a) All applications pursuant to § 508 of the Municipalities Planning Code, 53 P. S. § 10508, for approval of subdivisions or land developments under Article V of the Municipalities Planning Code, 53 P. S. § 10501 et seq.

(b) Applications for conditional use under the express provisions of this chapter.

(c) Applications for curative amendment to this chapter or pursuant to §§ 609.1 and 916.1(a) of the Municipalities Planning Code, 53 P. S. §§ 10609.1 and 10916.1(a).

(d) All petitions for amendments to land use ordinances, pursuant to the procedures set forth in § 609 of the Municipalities Planning Code, 53 P. S. § 10609.

(e) 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 Municipalities Planning Code.

B. Planning Commission.

(1) 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 Borough as set forth in this act and present it for the consideration of the Borough Council.

(b) Maintain and keep on file records of its action. All records and files of the Planning Commission shall be in the possession of the Borough Council.

(2) The Planning Commission, at the request of the Borough Council, may:

(a) Make recommendations to the Borough Council concerning the adoption or amendment of an Official Zoning Map.

(b) Prepare and present to the Borough Council a zoning ordinance and make recommendations to the Borough Council on proposed amendments to it as set forth in this act.

(c) Prepare, recommend and present subdivision and land development and planned residential development regulations for the consideration of the Borough Council.

(d) Prepare and present to the Borough 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 recommendations to the Borough Council on conditional uses applications.

(f) Complete other actions, including to but not limited to the review and recommendation on conditional use applications to Borough Council, or make such studies as may be necessary to fulfill the duties and obligations imposed by this chapter.

(g) Prepare and present to the Borough Council an environmental study. Submit to the Borough Council a recommended capital improvements program.

(h) Prepare and present to the Borough 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 the Borough 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 Ordinances, Official Zoning Map of the Borough of Sewickley, provisions for planned residential development, and regulations governing the development of land no less frequently than it reviews the Comprehensive Plan.

(3) 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 provisions for planned residential development, or capital improvements program; or

(d) The construction, extension or abandonment of any waterline, sewer line or sewage treatment facility.

C. Zoning Hearing Board.

(1) Zoning Hearing Board. The Borough Council shall appoint a Zoning Hearing Board in accordance with the provisions of § 330-1701A(2) of the Borough's Code of Ordinances and § 901 of the Pennsylvania Municipalities Planning Code. 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.

(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 the this chapter shall be observed and substantial justice done.

(d) To hear and decide substantive challenges to the validity of any land use ordinance, except those brought before the governing body pursuant to §§ 609.1 and 916.1(a)(2) of the Pennsylvania Municipalities Planning Code.

(e) To hear and decide appeals from a determination by the 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.

(f) To hear and decide appeals from the Zoning Officer's determination under § 916.2 of the Pennsylvania Municipalities Planning Code.

(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) In exercising the above-mentioned powers, such Zoning Hearing Board may, in conformity with the provisions of this article, 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.

D. 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. Borough 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 and must be able to demonstrate a working knowledge of the municipal zoning. The Zoning Officer may also serve as the Building Inspector.

E. Building Inspector.

(1) The Building Inspector shall enforce this chapter by issuing building permits and occupancy permits for only such structures and uses that comply with the provisions of this chapter. The Building Inspector shall conduct all inspections necessary to determine compliance with the chapter and shall maintain records thereof.

(2) The Building Inspector shall be responsible for:

(a) Maintaining all of the records of this chapter, including, but not limited to, all maps, amendments and variances, nonconforming uses, appeals and applications thereof and hearings thereon.

(b) Collecting fees which shall accompany applications for building and occupancy permits and variances.

(c) Receiving, filling and forwarding to the Borough Council and the Planning Commission for action all applications for amendments to this chapter.

(d) Receiving, filing and forwarding to the Zoning Hearing Board all applications for variances and appeals in accordance with the provisions of this chapter.

(3) The Building Inspector may also serve as the Zoning Officer.

§ 330-1702 Enforcement remedies.

A. Enforcement notice.

(1) 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 as provided in this chapter.

(2) The enforcement notice shall be sent to the owner of the lot on which the violation has occurred, to any person who has filed a written request to receive enforcement notices regarding that lot, and to any other person requested in writing by the owner of record.

(3) An enforcement notice shall state at least the following:

(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 lot 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 the right to appeal to the Zoning Hearing Board within the time frame as defined by the enforcement notice.

(f) 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. Remedies.

(1) 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. 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 timely appeals the judgment, 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 of 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 attorneys' 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) 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.