The purpose of this Part is to set forth procedures for the
administration and enforcement of this chapter in accordance with
the Pennsylvania Municipalities Planning Code, Act 247, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
1.
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 Part as the "MPC."
2.
There shall be a Zoning Officer who shall be appointed by Borough
Council. The powers and duties of the Zoning Officer listed in this
Part may be exercised by the Borough Manager. All employees engaged
in the administration and enforcement of this chapter shall report
to the Borough Manager.
3.
The Zoning Officer and Borough Manager shall not hold any elective
office in the Borough.
4.
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.
5.
The Zoning Officer may be authorized to institute civil enforcement
proceedings as a means of enforcing this chapter.
6.
The following duties shall be performed by the Zoning Officer:
A.
Enforce all provisions of this chapter and all amendments thereto.
B.
Receive, examine, record, and file all applications and fees for
zoning permits and issue zoning permits only for any structure or
use which conforms to this chapter.
C.
Issue permits for uses and construction by conditional use, special
exception, or variance only after such uses or buildings are approved
by Borough Council or the Zoning Hearing Board, in accordance with
the provisions of this chapter. Permits requiring approval by the
Borough Council shall be issued only after receipt of an authorization
from the Council.
D.
Receive all required fees.
E.
Regularly inspect all areas of the Borough to determine if there
are any violations of this chapter and review the validity of any
reported zoning violations.
F.
Issue all necessary stop orders and order, in writing, correction
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.
G.
Maintain or cause to be maintained a map or maps showing the current
zoning classification of all land in the Borough.
H.
Upon request of the Council, the Planning Commission, or the Zoning
Hearing Board, present facts, records, and any similar information
to such body on specific requests to assist these bodies in reaching
their decisions.
7.
An appeal from a decision or action of the Zoning Officer shall be
made directly by a party in 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 MPC,
as amended.
8.
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.
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 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 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 MPC.
2.
Causes of action and enforcement remedies shall be as set forth in
Section 617 of the MPC.
3.
District Justices shall have initial jurisdiction over proceedings
brought under Section 617.2 of the MPC.
1.
A zoning permit shall be required prior to the erection or alteration
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.
2.
Application for zoning permits shall be made to the Zoning Officer,
or, in the case of occupancy permits, to the Code Enforcement Officer,
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.
3.
Issuance of Permits.
A.
No building or use permit shall be issued until the Zoning Officer
has certified that the proposed building or alteration and the proposed
use of the property comply with the provisions of this chapter.
B.
Permits shall be granted or refused within 45 days after the date
of application. In case of refusal, the applicant shall be informed
of his right to appeal to the Zoning Hearing Board.
4.
Prior to the placement or location of a trailer or other temporary
structure on a site, a permit shall be obtained from the Zoning Officer
as noted above in this section except as modified by Section 617 of
the MPC. Such temporary permit shall be effective for not more than
90 days and may be renewed. However, the total continuous time for
which temporary permits may be issued shall not exceed one year.
5.
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 zoning permit
be construed to authorize the development activities for more than
a one-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 Zoning Officer, the permit may be renewed without
additional costs to the applicant.
6.
Occupancy Permits.
A.
Applicability. An occupancy permit shall be deemed to authorize and
is required for both initial and continued occupancy and 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 all conditions or safeguards attached to the issuance
of a zoning permit. It shall also certify that the premises comply
with all other applicable requirements of the Borough of East Lansdowne.
The following shall be unlawful until an occupancy permit shall have
been applied for and issued by the Code Enforcement Officer:
B.
Applications.
(1)
Application 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 placed in use. In
the case of a change in ownership of an existing residential building,
an occupancy permit shall be applied for by the owner of such a building
upon the sale.
(2)
Application for an occupancy permit shall be accompanied by
a payment of the required fee.
C.
Action by the Code Enforcement Officer (CEO).
(1)
The CEO shall, within 15 days of application filing, inspect
the premises and either certify their compliance with the previously
approved plans and all conditions and safeguards stated upon issuance
of an occupancy permit or deny such certification. In the case of
a change in occupancy use of an existing building or vacant land (when
no zoning permit is required), the CEO shall verify compliance with
the applicable zoning regulations.
(2)
If the certification of the occupancy permit form is denied,
the CEO shall state in writing the reasons for such denial.
7.
Fees.
A.
The Borough Council shall establish, by resolution, a schedule of
fees, charges, expenses, and collection procedures for zoning permits,
occupancy permits, conditional uses, special exceptions, variances,
appeals, amendments, and other matters pertaining to this chapter.
B.
A schedule of fees shall be posted in the office of the Zoning Officer
and may be altered or amended by the Borough Council only.
C.
The cost of permits shall be based on a fee schedule as established
from time to time by the Borough Council.
D.
No action shall be taken on any application for any special exception,
conditional use, variance, appeal, or other similar matter pertaining
to this chapter until all application fees, charges, and expenses
have been paid in full.
8.
Persons found to be in violation of this chapter shall pay a judgment
of no more than is allowed by statute or Act 247 plus all court costs,
including reasonable attorneys' fees incurred by the Borough.
See Section 617.2 of the MPC.
1.
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 MPC.
2.
Procedure for Amendment.
A.
An ordinance amending, supplementing, or changing the district boundaries
(Zoning Map) or the regulations established herein may be initiated:
(1)
By the Borough Council, upon its own initiative or upon recommendation
of the Planning Commission.
(2)
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.
(3)
By a landowner requesting an amendment or repeal. In the case
of a curative amendment, the special requirements of Section 609.1
of the MPC shall apply.
B.
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 along the perimeter of the tract
at least one week prior to the hearing.
C.
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.
D.
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.
E.
As required by the MPC, 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.
F.
The Borough may offer a mediation option as an aid in completing
proceedings authorized in this section. In exercising such an option,
the Borough and mediating parties shall meet the stipulations of Section
908.1 of the MPC.
G.
Within 30 days after enactment, a copy of the amendment to this chapter
shall be forwarded to the Delaware County Planning Department.
