The purpose of this article is to describe the procedures for
administration and enforcement of this chapter and the duties and
responsibilities of the Planning Commission, Zoning Hearing Board,
Zoning Officer, and Borough Council.
Green Tree Borough shall appoint a municipal Planning Commission
that shall review all applicable matters relating to lot line changes,
subdivisions, land developments, planned residential developments,
or any other matter of a planning or zoning nature as prescribed within
the MPC.
B.
The terms of office shall be three years and shall be so fixed that
the term of office of one member shall expire each year.
C.
Members of the Board are removable by Council in accordance with
53 P.S. § 10907(b) of the MPC.
D.
The Zoning Hearing Board shall adopt rules to govern its procedure
not inconsistent with this article. Meetings of the Board shall be
held at the call of the Chairman and at such other times as the Board
may determine. Such Chairman or, in his or her absence, the Acting
Chairman, may administer oaths and compel the attendance of witnesses.
All meetings of the Board shall be open to the public. The Board shall
keep minutes of its proceedings, showing the vote of each member upon
each question or, if a member is absent or fails to vote, indicating
such fact. The Board shall keep records of its examinations and other
official actions, all of which shall be immediately filed in the offices
of the Board and kept as a public record.
E.
Any person aggrieved by any action or decision of the Code Official
involving administration of the provisions of this chapter may appeal
to the Zoning Hearing Board. Notice of such appeal shall be filed,
in writing, within 30 days after the decision or action of the Code
Official.
F.
Upon receipt of such appeal, the Board shall conduct a hearing on
the appeal and render a decision on such appeal in accordance with
the applicable provisions of the MPC.
A.
The Zoning Hearing Board shall hear and decide appeals where it is
alleged by the applicant that the Code Official has failed to follow
prescribed procedures or has misinterpreted or misapplied any provision
of this chapter or the Official Zoning District Map or any valid rule
or regulation governing the action of the Code Official. Nothing contained
herein shall be construed to deny the applicant the right to proceed
directly to court.
B.
The Zoning Hearing Board shall conduct hearings and make decisions
in accordance with 53 P.S. § 10908(1) through (10) of the
MPC.
C.
Mediation option. The Zoning Hearing Board mediation option, if any,
shall be in accordance with 53 P.S. § 10908.1(a), (b) and
(c) of the MPC.
D.
Jurisdiction. The Zoning Hearing Board shall have exclusive jurisdiction
to hear and render final adjudications on those matters set forth
at 53 P.S. § 10909.1(a)(1) through (9) of the MPC.
E.
Variances. The Zoning Hearing Board shall hear requests for variances
and render final decisions in accordance with 53 P.S. § 10910.2
(a) through (b) of the MPC.
F.
Special exception. Zoning Hearing Board may hold hearings and render
final adjudications on special exceptions in accordance with 53 P.S.
§ 10912.1 of the MPC.
G.
Validity of ordinance; substantive questions. The Zoning Hearing
Board may hold hearings and render a final adjudication of the validity
of an ordinance or map or any provision thereof which prohibits or
restricts the use or development of land in accordance with 53 P.S.
§ 10916.1(a) through (i) of the MPC.
H.
The Zoning Hearing Board shall hear appeals from a determination
by a municipal engineer or the Zoning Officer with reference to the
administration of any floodplain or flood hazard zoning code or such
provisions within a land use zoning code.
I.
The Zoning Hearing Board shall hear appeals from the determination
of any officer or agency charged with the administration of any transfers
of development rights or performance density provisions of this chapter.
J.
The Zoning Hearing Board shall hear appeals from the determination
of the Zoning Officer or municipal engineer in the administration
of any land use zoning code or provision thereof with reference to
sedimentation and erosion control and stormwater management insofar
as the same relates to development not involving subdivision, land
development or planned residential development applications.
A.
The Code Official is hereby charged with the duties of administering
and enforcing this chapter. The Code Official shall have the power
to:
(1)
Keep a record of all plans and applications for permits and
all permits issued with notations as to special conditions attached
thereto. All records shall be open for public inspection.
(2)
Review applications for permits for erections or alterations
of structures or changes of use; determine whether such construction
or use is in accordance with the general requirements of this chapter,
all other applicable zoning codes, and with the laws and regulations
of the commonwealth. The Code Official shall issue no permit unless
it conforms to all applicable zoning codes, statutes, and regulations.
(3)
Conduct inspections and surveys to determine compliance or noncompliance
with the terms of this chapter. In carrying out such surveys, the
Code Official or his or her representative may enter upon any land
or building.
(4)
Make written orders requiring compliance with the provisions
of this chapter to be served personally or by certified mail.
(5)
Maintain the Official Zoning District Map showing the current
zoning classification of all land.
(6)
Participate in all proceedings before a Zoning Hearing Board,
presenting facts and information to assist the Board in reaching a
decision that shall be compatible with this chapter.
(7)
Institute civil enforcement procedures when the provisions of
Green Tree Borough's Zoning Codes are not being followed.
(8)
The Code Official shall not have the power to permit any use
or change of use unless it also conforms to the requirements of all
other Zoning Codes of Green Tree Borough and with the laws of the
Commonwealth of Pennsylvania.
(9)
In the course of administering and enforcing this chapter and
reviewing applications for zoning certificates, temporary use permits,
sign permits or variances, the Code Official may register nonconforming
uses, nonconforming structures and nonconforming lots as they become
known through the application and enforcement process. Registration
and proof of nonconforming uses, structures and lots shall be the
burden of the property owner.
A.
Any person aggrieved by any action or decision of the Code Official
or Zoning Officer involving administration of the provisions of this
chapter may appeal to the Zoning Hearing Board. Notice of such appeal
shall be filed, in writing, within 30 days after the decision or action
of the Code Official or Zoning Officer.
B.
Upon receipt of such appeal, the Board shall conduct a hearing on
the appeal and render a decision on such appeal within 45 days of
the last hearing in accordance with the applicable provisions of the
MPC.
A.
All applications for building permits shall be accompanied by a plat
of approved size, in duplicate and drawn to scale, showing the actual
dimensions of the lot to be built upon, the size of the building to
be erected and such other information as may be necessary. A file
of such applications and plats shall be kept in the office of the
Zoning Officer.
C.
A use and occupancy permit shall be required prior to any of the
following:
(1)
Each change in use of any commercial or industrial building
or property where a building permit is not applicable.
(2)
Use of land or change in the occupancy use thereof, except that
the placing of vacant land under cultivation shall not require a use
and occupancy permit.
(3)
Change in use of any nonconforming use where a building permit
is not applicable.
(4)
Each change of tenant or occupant of any commercial or industrial
building even if the general type of use does not change.
D.
No building, structure or land shall be used or changed in use until
a certificate of occupancy and compliance therefor has been first
approved by the Building Code Official and issued by the Building
Code Official, stating that the building, structure or land and the
proposed use of the same complies with this chapter.
E.
A certificate shall be issued for the purposes of maintaining, renewing,
changing or extending a nonconforming use. Certificates of occupancy
and compliance, either for the whole or a part of a building or structure,
shall be applied for coincident with the application for a building
permit and shall be issued within 10 days after the erection or structural
alteration of such building, structure or part thereof has been completed
in conformity with this chapter. A certificate shall be applied for
and issued before an existing use of a building, structure or land
is changed to any other use. A record of all such certificates shall
be kept on file in the office of the Building Code Official, and copies
thereof shall be furnished, on request, to any person having a proprietary
or tenancy interest in the building, structure or land affected.
F.
No permit to excavate for or to erect a building, structure or part
thereof or to repair or alter a building or structure shall be issued
before application has been made for a certificate of occupancy and
compliance.
G.
No certificate of occupancy and compliance shall be issued until
the applicant has paid the required fee to the Borough for the issuance
of the said certificate of occupancy and compliance. The fee shall
be established from time to time by resolution of Green Tree Borough
Council.
H.
Upon request, the Building Code Official may issue a temporary occupancy
permit for the completion of a structure, building and/or lot, or
portion thereof, before the total development covered by the permit
shall have been completed, provided such portion may be used and/or
occupied safely prior to full completion of the work without endangering
life or public welfare. Such temporary certificates shall be for the
period of time to be determined by the Building Code Official, in
no case for a period exceeding six months.
All applications for permits shall be made in writing by the
owner or authorized agent and shall be filed with the Zoning Officer
or Building Code Official, as deemed appropriate.
A.
Every permit issued under the authority of this chapter shall expire
and become invalid if the authorized work or utilization of the property
has not commenced within one year after issuance of the permit, or
if the authorized work or utilization of the property has been suspended
or substantially abandoned for a period of one year or more after
the commencement of work or utilization of the property.
B.
Upon completion of the work authorized by any permit, the applicant
for the permit shall notify the appropriate Borough Official of such
completion. No work shall be considered as complete or as permanently
effective until the appropriate Borough Official has noted on the
use and occupancy permit that the work has been inspected and approved
as being in conformity with the provisions of this chapter.
Permits for temporary structures related to construction work
authorized under a valid building permit may be issued by the Building
Code Official only for the time that construction work is in progress.
All temporary structures shall be removed upon completion of construction.
A.
A use listed by right is permitted subject to the requirements for
the district in which it is located, after approval has been granted
in accordance with the requirements of the Subdivision and Land Development
Ordinance,[1] if applicable.
B.
A use listed as a conditional use may be permitted as such by Council
provided the Planning Commission has reviewed the application as required
by the MPC. In granting the Conditional Use, Council may impose additional
requirements deemed necessary to ensure the health, safety, and general
welfare of the Borough.
C.
A use not listed as being permitted by right or conditional use in
a particular zoning district is not permitted in that zoning district.
A.
In deciding all applications for conditional uses the Green Tree
Borough Council shall be guided by the following standards and criteria:
(1)
The proposed use conforms to the applicable regulations of the
district.
(2)
The proposed use should not cause undue noise, glare or pollution
of the surrounding areas, as determined by Council, upon recommendation
by the Borough Engineer and Borough Planning Commission.
(3)
Anticipated levels of traffic congestion, noise, glare, and
pollution created by the proposed use will be similar to the levels
created by the uses permitted in that district.
(4)
In granting a conditional use, Council may attach such reasonable
conditions and safeguards, which conditions may include, but are not
limited to, harmonious design of buildings, plantings and its maintenance
as a sight or sound screen, the minimizing of noxious, offensive or
hazardous elements, adequate standards of parking, and sanitation,
as it may deem necessary to implement the purpose of this chapter.
(5)
In accordance with MPC § 603(c)(2),[1] Council reserves the right to attach such reasonable conditions
and safeguards, other than those related to off-site transportation
or road improvements, in addition to those expressed in the ordinance,
as it may deem necessary to implement the purposes of the MPC and
this chapter.
[1]
Editor's Note: See 53 P.S. § 10603(c)(2).
Variances, if any, are governed by § 420-162.
A.
Whoever violates or fails to comply with any of the provisions of
this chapter shall, upon being found liable therefore in a civil enforcement
proceeding commenced by the Borough, pay a judgment consistent with
the Codified Zoning Codes of Green Tree Borough, plus court costs,
including reasonable attorneys' fees incurred by the Borough. No judgment
shall commence or be imposed, levied or be payable until the date
of the determination of a violation by the court.
B.
If the defendant neither pays nor timely appeals the judgment, the
Borough may enforce the judgment pursuant to applicable rules of civil
procedure.
C.
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 the violation continues
shall constitute a separate violation.
D.
All judgments, costs, and reasonable attorney fees collected for
the violation of this chapter shall be paid to Green Tree Borough.
E.
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.
F.
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.
A.
When written notice of the violation of any of the provisions of
this chapter shall have been served, by registered mail or otherwise,
by the Code Official on the owner, agent or occupant, contractor or
builder involved, such violation shall be discontinued within 30 days.
However, if in the opinion of the Code Official the violation creates
an imminent danger to life and property or is willful and deliberate,
the violator shall be ordered to discontinue such violation immediately.
B.
Whenever the Code Official determines that there are reasonable grounds
to believe that there has been a violation of any provision of this
chapter, or of any regulation adopted pursuant thereto, the Code Official
shall give notice of such alleged violation. The notice shall be sent
to the owner of record, to any person who has filed a written request
to receive enforcement notices regarding the parcel, and to any other
person requested, in writing, by the owner of record. The enforcement
notice shall state at least the following:
(1)
The name of the owner of record and any other person against
whom the Borough intends to take action;
(2)
The location of the property in violation;
(3)
The specific violation with a description of the requirements
that have not been met, citing in each instance the applicable provisions
of this chapter;
(4)
The date by which steps for compliance must commence and when
such steps must be completed;
(5)
The recipient's right to appeal to the Zoning Heard Board in
accordance with the procedures contained in this chapter; and
(6)
That failure to comply with the notice within the specified
times, unless extended by appeal to the Zoning Hearing Board, constitutes
a violation, with possible sanctions clearly described.
A.
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 Code Official with the approval
of Council, or any aggrieved owner or tenant of real property who
shows that his or her property or person will be substantially affected
by the alleged violation, may, in addition to other remedies, institute
any 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.
B.
When any such action is instituted by a landowner or tenant, notice
of that action shall be served upon the Borough at least 30 days prior
to the time the action is begun by serving a copy of the complaint
on Council. No such action may be maintained until such notice has
been given.
As authorized by the MPC, the preparation of proposed zoning
ordinance and map changes may be made by Green Tree Borough Council
in accordance with the procedures set forth or otherwise allowed in
the said MPC including 53 P.S. § 10607, 10608, and 10609.
The procedure for a landowner curative amendments shall be as
set forth in 53 P.S. § 10609.1(a) and (b).
The procedure for municipal curative amendments shall be as
set forth in 53 P.S. § 10609.2.
A.
Applications for amendment of this chapter shall be presented or
postmarked and shall contain the materials specified below, unless
the applicant is proceeding for curative amendment or appeal within
this chapter. In the latter cases, the applicant shall be bound by
the requirements contained therein.
B.
The applicant's name and address and his representative and the interest
of every person represented in the application;
C.
A fee, as specified by the participating municipal fee schedule,
charged to any person or persons desiring to amend this chapter;
D.
A plan showing the extent of the area to be rezoned; streets bounding
and intersecting the area; the land use and zone classifications of
abutting districts; and photographs of the area to be rezoned and
abutting areas;
E.
A statement of the circumstances in the proposed district and the
abutting districts and any other factors on which the applicant relies
as reasons for supporting the proposed rezoning.
A.
Whenever the governing body, pursuant to the procedures provided
in Section 302 of the MPC,[1] has adopted a comprehensive plan or any part thereof,
any subsequent proposed action of the governing body, its departments,
agencies and appointed authorities, shall be submitted to the planning
agency for its recommendations when the proposed action relates to:
(1)
The location, opening, vacation, extension, widening, narrowing
or enlargement of any street, public ground, pierhead or watercourse;
(2)
The location, erection, demolition, removal or sale of any public
structure located within the municipality; adoption, amendment or
repeal of an official map, subdivision and land development ordinance,
zoning code or provisions for planned residential development, or
capital improvements program; or
(3)
The adoption, amendment or repeal of an official map, subdivision
and land development ordinance, zoning code or provisions for planned
residential development, or capital improvements program; or
(4)
The construction, extension or abandonment of any water line,
sewer line or sewage treatment facility.
[1]
Editor's Note See 53 P.S. § 10302.
B.
The recommendations of the planning agency, including a specific
statement as to whether or not the proposed action is in accordance
with the objectives of the formally adopted comprehensive plan, shall
be made, in writing, to the governing body within 45 days.
C.
Notwithstanding any other provision of this chapter, no action by
the Green Tree governing body shall be invalid nor shall the same
be subject to challenge or appeal on the basis that such action is
inconsistent with, or fails to comply with, the provision of a comprehensive
plan.
D.
Municipal zoning, subdivision and land development regulations and
capital improvement programs shall generally implement the municipal
and multimunicipal comprehensive plan or, where none exists, the municipal
statement of community development objectives.
E.
Following the adoption of a comprehensive plan or any part thereof
by a county, pursuant to the procedures in Section 302 of the MPC[2], any proposed action of the governing body of a municipality,
its departments, agencies and appointed authorities within the county
shall be submitted to the county planning agency for its recommendations
if the proposed action relates to:
(1)
The location, opening, vacation, extension, widening, narrowing
or enlargement of any street, public ground, pierhead or watercourse;
(2)
The location, erection, demolition, removal or sale of any public
structures located within the municipality;
(3)
The adoption, amendment or repeal of any comprehensive plan,
official map, subdivision or land zoning code or provisions for planned
residential development; or
(4)
The construction, extension or abandonment of any water line,
sewer line or sewage treatment facility.
[2]
Editor's Note: See 53 P.S. § 10302.
F.
The recommendation of the planning agency shall be made to the governing
body of the municipality within 45 days and the proposed action shall
not be taken until such recommendation is made. If, however, the planning
agency fails to act within 45 days, the governing body shall proceed
without its recommendation.
A.
Each applicant for any permit required under this chapter or for
any variance from or special exception to this chapter shall, at the
time of making application, pay to the Zoning Officer for the use
of Green Tree Borough a fee or fees in accordance with the fee schedule
adopted by resolution of the Council.
B.
The Council may prescribe reasonable fees with respect to hearings
before the Zoning Hearing Board. Fees for said hearings may include
compensation for the secretary and members of the Zoning Hearing Board,
notice and advertising costs and necessary administrative overhead
connected with the hearing. The costs, however, shall not include
legal expenses of the Zoning Hearing Board, expenses for engineering,
architectural or other technical consultants or expert witness costs.
C.
The appearance fee for a stenographer shall be shared equally by
the applicant and the Zoning Hearing Board. The cost of the original
transcript shall be paid by the Zoning Hearing Board if the transcript
is ordered by the Zoning Hearing Board or Hearing Officer or shall
be paid by the person appealing from the decision of the Zoning Hearing
Board if such appeal is made, and in either event the cost of additional
copies shall be paid by the person requesting such copy or copies.
In other cases, the party requesting the original transcript shall
bear the cost thereof.
A.
No person shall file any proceeding before the Zoning Hearing Board
later than 30 days after a preliminary or final application for development
has been approved by an appropriate Borough officer, agency or body,
if such proceeding is designed to secure reversal or to limit the
approval in any manner, unless such person alleges and proves that
he had no notice, knowledge or reason to believe that such approval
had been given. If such person has succeeded to his interest after
such approval, he shall be bound by the knowledge of his predecessor
in interest.
B.
The failure of anyone, other than the landowner, to appeal from an
adverse decision by a Zoning Officer on a challenge to the validity
of a zoning code or official zoning district map filed pursuant to
§ 916.2 of the MPC[1] shall preclude an appeal from a final approval, except
in the case where the final submission substantially deviates from
the approved tentative approval.
[1]
Editor's Note: See 53 P.S. § 10916.2.
C.
All appeals from determinations adverse to the landowner shall be
filed by the landowner within 30 days after notice of the determination
is issued.
A.
Upon filing of any proceeding and during its pendency before the
Zoning Hearing Board, all land development pursuant to any challenged
zoning code, order or approval of the Zoning Officer or of any agency
or body, and all official action thereunder shall be stayed unless
the Zoning Officer or any other appropriate agency or body certifies
to the Zoning Hearing Board facts indicating that such stay would
cause imminent peril to life or property, in which case the development
or official action shall not be stayed otherwise than by a restraining
order, that may be granted by the Zoning Hearing Board or by the Court
having jurisdiction of zoning appeals on petition after notice to
the Zoning Officer or other appropriate agency or body. When an application
for development, preliminary or final, has been duly approved and
proceedings designed to reverse or limit the approval are filed with
the Zoning Hearing Board by persons other than the applicant, the
applicant may petition the Court having jurisdiction of the zoning
appeals to order such persons to post bond as a condition to continuing
the proceedings before the Zoning Hearing Board. The question whether
or not such petition should be granted, and the amount of the bond
shall be within the sound discretion of the Court.
B.
All appeals from decisions rendered by the Zoning Hearing Board shall
be taken to the Allegheny County Court of Common Pleas and shall be
filed within 30 days after the entry of the decision or, in the case
of a deemed decision, within 30 days after the date upon which notice
of said deemed decision is given as required by the MPC (Act 247,
as amended) of Subsection 908(9).[1]
[1]
Editor's Note: See 53 P.S. § 10908(9).
