Town of McCandless, PA
Allegheny County
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Table of Contents
Table of Contents
[Ord. 1052, passed 4-22-1991]
(a) 
The Zoning Officer shall administer and enforce this Zoning Code and make any necessary interpretations of the Zoning ivlap.
(b) 
The Zoning Officer shall maintain adequate records of all zoning matters brought to the attention of the Town Administration, Council, Planning Commission or Zoning Hearing Board.
[1]
Editor's Note: Former § 1351.02, Building permits, was repealed 4-22-1991 by Ord. No. 1052.
[1]
Editor's Note: Former § 1351.03, Occupancy permit, was repealed 8-22-1994 by Ord. No. 1127.
[Ord. 827, passed 10-26-1981; Ord. 1127, passed 8-22-1994]
(a) 
Rezoning procedure. A request to rezone any property is a request to change the Zoning Map and to amend the Zoning Code. A rezoning request can be granted only by enactment of a Class A ordinance. Each request shall be handled as follows:
(1) 
Review by the Zoning Officer for adequacy of information furnished;
(2) 
Review and recommendation by the Planning Commission;
(3) 
A public hearing;
(4) 
Review by the Zoning Committee of Council;
(5) 
Action by Council (within 60 days but not sooner than six days after the hearing).
(b) 
Required information. Any request to rezone property shall include a location plan, a plot plan and the submission of a concept plan in conjunction with the rezoning request. The concept plan shall include the development of all land contained within the rezoning request.
For the purpose of establishing concept plan criteria, the concept plan shall contain the appropriate information specifically stated under preliminary plat submission under the Land Development Code with the exception of drainage, erosion and sedimentation control, signage, illumination, sidewalks and plans of structures, road profiles, cross sections and construction details of proposed street and drainage structures and other improvements that may be required. The concept plan shall also include a preliminary soils study to establish the general suitability of the site for the proposed development. The request shall also provide:
(1) 
Current zoning and name of property owner;
(2) 
Current zoning and name and address of owners of all abutting properties (including those directly across the street);
(3) 
Legal description of the property (courses and distances);
(4) 
Existing improvements on the property;
(5) 
Type and location of existing easements;
(6) 
Location of all buildings within 100 feet of the property;
(7) 
Any other information specifically requested by the Town to aid the Town in reviewing the rezoning request.
(c) 
(Reserved)[1]
[1]
Editor's Note: This subsection was repealed 4-22-1991 by Ord. No. 1052.
(d) 
Time constraints. Upon approval of the rezoning, the applicant shall have a maximum of three months to submit a preliminary plat and/or preliminary site plan whichever is appropriate by ordinance. Preliminary plat criteria shall adhere to that as stated in the Land Development Code. The preliminary plat and/or preliminary site plan shall include all the land and the development of same as was proposed in the rezoning request, and shall adhere to and be consistent with the provisions of the concept plan.
Upon approval of the preliminary plat and/or preliminary site plan, the applicant shall have one year to submit a final plat and/or site plan. The final plat and/or site plan shall include all land and the development of same as was proposed in the rezoning request.
If the preliminary plat and/or site plan has not been submitted within three months of the rezoning approval, or if the final plat and/or site plan has not been submitted within one year after the approval of the preliminary plat and/or site plan, all approvals shall be deemed to have expired and the zoning shall revert back to the previous zoning classification.
Council shall have the authority to extend any of these time periods.
[Ord. 741, passed 7-3-1978; Ord. 1073, passed 5-26-1992]
(a) 
Fees. The Building Inspector shall collect fees for building permits and occupancy permits. The Zoning Officer shall collect fees for requests for rezoning, site plan approvals and all matters that come before the Zoning Hearing Board. All fees shall be collected in advance and shall conform to the schedule established from time to time by Council.
(b) 
Review costs. All costs for the review of the report, TPAD Program modifications shall be paid for by an applicant prior to the receipt of any permit or approval. The Town Manager's regulations shall establish how these fees shall be administered, charged and collected. All other fees and costs shall be those established by the underlying district requirements. Any fee disputes shall be resolved in accordance with the provisions of the Municipalities Planning Code, 53 P.S. § 10101 et seq. as now or hereafter amended.
[Ord. 741, passed 7-3-1978]
Should any part of this Zoning Code be declared invalid, such decision shall not affect the validity of any other part nor the Code as a whole.
[Ord. 741, passed 7-3-1978]
Former Articles 1311 to 1331 inclusive and Article 1709 of the Codified Ordinances are hereby repealed.
[Ord. 1390, passed 9-27-2010]
Any person, partnership, corporation who or which performs work at their direction who or which has violated or permitted the violation of this Zoning Code shall, upon being found liable therefore in a civil enforcement proceeding commenced by the Town before, pay a judgment of not more than $500, plus all court costs, including reasonable attorney's fees incurred by the Town as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of the violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Town may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Town are hereby authorized to issue a cease and desist notice and/or to seek equitable relief, including injunction, to enforce compliance herewith. No Bond will be required if injunctive relief is sought by the Town. Any of the previously mentioned who or which violates this section shall also be responsible for the Town's attorney's fees, engineering fees, expert fees and court costs associated with enforcement.