Borough of West Mifflin, PA Administrative Procedures

Appointment and powers of Zoning Officer.

For the administration of this chapter, a Zoning Officer, who shall not hold any elective office in the Borough, shall be appointed.

The Zoning Officer shall meet the qualifications established by the Borough and shall be able to demonstrate to the satisfaction of the Borough a working knowledge of municipal zoning.

The Zoning Officer shall administer this chapter in accordance with its literal terms and shall not have the power to permit any construction or any use or change of use which does not conform to this chapter.

The Zoning Officer is hereby authorized to institute civil enforcement proceedings as a means of enforcement when acting within the scope of his employment.

Duties. The duties of the Zoning Officer (and his duly authorized representatives) shall be:

To examine all applications for permits.

To issue permits only for construction and uses which are in accordance with the regulations of this chapter and other applicable ordinances as may be subsequently amended.

To record and file all applications for permits with the accompanying plans.

To issue permits for uses by special exception only after such uses and buildings are approved by the Zoning Hearing Board in accordance with the regulations of this chapter.

(e)

To receive all required fees and issue all necessary stop orders.

(f)

Upon the request of the Planning Commission or of the Zoning Hearing Board, present to such body facts, records and any similar information on specific requests to assist such body in reaching its decision.

Appeals. Any appeal from a decision or action of the Zoning Officer shall be made directly to the Zoning Hearing Board in accordance with Article IX of this chapter.

(4)

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 as provided in this section.

The enforcement notice shall be sent 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 enforcement notices regarding that parcel, and to any other person requested in writing by the owner of record.

An enforcement notice shall state at least the following:

The name of the owner of record and any other person against whom the Borough intends to take action.

The location of the property in violation.

[3]

The specific violation, with a description of the requirements which have not been met, citing in each instance the applicable provisions of this chapter.

[4]

The date before which the steps for compliance must be commenced and the date before which the steps must be completed.

[5]

That the recipient of the notice has the right to appeal to the Zoning Hearing Board within a period of 10 days.

[6]

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.

Causes of action. 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 Borough Council or, with the approval of the Borough Council, an officer of the Borough, or any aggrieved owner or tenant of real property who shows that his property or person will be substantially affected by the alleged violation, in addition to other remedies, may 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. 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 the Borough Council. No such action may be maintained until such notice has been given.

Complaints regarding violations. Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the Zoning Officer. He shall record properly such complaint, immediately investigate, and take action thereon as provided by this chapter.

Enforcement remedies.

Civil enforcement proceedings.

Except where a different penalty is provided, any persons, 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 attorney fees incurred by the Borough as a result thereof. No judgment shall commence or be imposed, levied or be payable until the date of determination of a violation by the Magisterial District Judge. If the defendant neither pays nor appeals the judgment in a timely manner, 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 attorney fees collected for the violation of this chapter shall be paid over to the Borough.

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.

Equitable enforcement proceedings. 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 Zoning Officer and/or the Borough Solicitor, with the approval of the Borough Council, may institute in the name of the Borough any appropriate equitable action or proceeding to prevent, restrain, correct or abate such buildings, structure or land or to prevent, in or about such premises, any act, conduct, business or use constituting a violation. These remedies shall be in addition to any other remedies provided by law.

Private enforcement. Nothing contained in this article shall be construed or interpreted to grant to any person or entity other than the Borough or its agents the right to commence any action for enforcement of this chapter, except where otherwise authorized by law.

§ 290-56 Permits; boundary disputes.

Occupancy permits.

No use of vacant land other than agricultural use shall be made, and no building or structure hereafter erected or structurally altered shall be occupied or used, until a certificate of use, occupancy, and compliance shall have been issued by the Zoning Officer. A similar certificate of occupancy and compliance shall be applied for and shall be issued before an existing use of a building, structure, or land shall be changed.

A certificate of occupancy shall state that the building or proposed use of a building or land complies with all the laws and ordinances and with the regulations of this chapter. It shall be applied for simultaneously with the application for a building permit and shall be issued upon examination of the completed structure and certification by the Zoning Officer within 10 days after the erection or structural alteration of such building or part thereof shall have been completed in conformity with the provisions of this chapter. However, such certificate shall be void if not exercised or renewed within six months of the date of issue.

Pending the issuance of a regular certificate, a temporary certificate of occupancy may be issued by the Zoning Officer, for a period of not exceeding six months, during the completion of alterations or during partial occupancy of a building pending its completion. Such temporary certificates shall not be construed as altering the rights, duties, or obligations of either the owners or the Borough in respect to the use or occupancy of the premises in question, or in any other matter within the purview of this chapter. Such temporary certificate shall not be issued except under such restrictions and provisions as will adequately insure the safety of the occupants. No permit for excavation for or the erection of any building or part of a building or for repairs to and alteration of a building shall be issued before application has been made for a certificate of occupancy and compliance.

Application forms. All applications for occupancy permits shall be made on printed forms to be furnished by the Zoning Officer and shall contain accurate information as to the size of and location of the lot; the size and location of the buildings or structures on the lot; the dimensions of all yards and open spaces, and such other information as may be necessary to provide for the enforcement of this chapter.

Boundaries of districts. Where uncertainty exists with respect to the boundaries of the various districts, as shown on the Zoning District Map accompanying and made a part of this chapter, said district boundary line shall be determined as follows:

The district boundaries are generally center lines of public rights-of-way unless otherwise shown, and where the indicated boundaries on the Zoning District Map are approximately public rights-of-way, said center lines of public rights-of-way shall be construed to be the boundaries.

Where the district boundaries are not shown to be public rights-of-way, and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be lot lines; and where the indicated boundaries on the Zoning District Map are approximately lot lines, said lot lines shall be construed to be the boundaries of such district, unless said boundaries are otherwise indicated on the map.

In undivided property, the district boundary lines, unless otherwise shown, shall be determined by use of the Zoning District Map (original).

(4)

Where one symbol is used on the Zoning District Map to indicate the district classification of an area divided by a way or alley, said symbol shall establish the classification of the whole of such tract.

(5)

A street, way, alley, railroad or railway right-of-way, watercourse, channel, or body of water included on the Zoning District Map shall, unless otherwise indicated, be included within the district of adjoining property on either side thereof; and where such street, way, alley, right-of-way, watercourse, channel, or body of water serves as a boundary between two or more districts, a line midway in such street, alley, way, right-of-way, watercourse, channel, or body of water, and extending in the general direction of the long dimension thereof, shall be considered the boundary between districts.

(6)

In the event that a street, way or alley shown on the Zoning District Map is vacated, the property formerly in said street or way shall be included within the district of the adjoining property on either side of said vacated street, alley or way. In the event said street, alley or way was a boundary of one or more districts, said new district boundary or boundaries shall be the former center line of said vacated street.

§ 290-57 Fees.

Determination.

The Borough Council shall determine a schedule of fees, charges, and expenses, as well as a collection procedure for special permits, variances, amendments and other matters pertaining to this chapter. Said schedule of fees shall be posted in the office of the Borough Secretary and the Zoning Officer.

The Borough Council shall be empowered to reevaluate the fee schedule and make necessary alterations to it. Such alterations shall not be considered an amendment to this chapter and may be adopted at any public meeting by resolution.

The required fees for zoning district amendments may vary according to advertising costs and thus shall be kept up-to-date by the Borough. All such fees shall be paid into the Borough treasury.

Special exceptions and variances shall be issued (or acted upon) only after fees have been paid in full, and the Zoning Hearing Board shall take no action on appeals until preliminary charges have been paid in full.

§ 290-58 Enactment of amendments.

The Borough Council may from time to time amend, supplement, or repeal any of the regulations and provisions of this chapter. The procedure for the preparation of a proposed zoning ordinance as set forth in Section 607 of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10607, is hereby declared optional.

Before voting on the enactment of an amendment, the Borough Council shall hold a public hearing thereon, pursuant to public notice. In addition, if the proposed amendment involves a Zoning Map[1] change, notice of said public hearing shall be conspicuously posted by the Borough at points deemed sufficient by the Borough along the perimeter of the tract to notify potentially interested citizens. The affected tract or area shall be posted at least one week prior to the date of the hearing. In addition to the requirement that notice be posted, where the proposed amendment involves a Zoning Map change, notice of the public hearing shall be mailed by the municipality at least 30 days prior to the date of the hearing by first-class mail to the addresses to which real estate tax bills are sent for all real property located within 300 feet of the boundaries of the area being rezoned, as evidenced by tax records within the possession of the municipality. The notice shall include the location, date and time of the public hearing. A good faith effort and substantial compliance shall satisfy the requirements of this requirement.

Editor's Note: The Zoning Map is included as an attachment to this chapter.

In the case of an amendment other than that prepared by the Planning Commission, the Borough Council shall submit each such amendment to the Planning Commission at least 30 days prior to the hearing on such proposed amendment to provide the Planning Commission an opportunity to submit recommendations. The recommendations of the Planning Commission, including a specific statement as to whether or not the proposed action is in accordance with the objectives of the Twin Rivers Comprehensive Plan, shall be made in writing to the Borough Council within 45 days.

If, after any public hearing held upon an amendment, the proposed amendment is changed substantially, or is revised, to include land previously not affected by it, the Borough Council shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment.

At least 30 days prior to the public hearing on the amendment by the Borough Council, the Borough shall submit the proposed amendment to the County Planning Agency for recommendations. The proposed action shall not be taken until such recommendation is made; however, if the County Planning Agency fails to make its recommendation within 45 days, the Borough Council shall proceed without its recommendation.

Within 30 days after enactment, a copy of the amendment to this chapter shall be forwarded to the County Planning Agency.

§ 290-59 Procedure for landowner curative amendments.

A landowner who desires to challenge, on substantive grounds, the validity of this chapter or the Zoning Map[1] or any provision thereof which prohibits or restricts the use or development of land in which he has an interest may submit a curative amendment to the Borough Council with a written request that his challenge and proposed amendment be heard and decided as provided in Section 916.1 of the Pennsylvania Municipalities Planning Code (hereinafter "MPC"), 53 P.S. § 10916.1. The curative amendment and challenge shall be referred to the Planning Commission and the County Planning Agency as provided in Section 609, and notice of the hearing thereon shall be given as provided in Sections 610 and 916.1 of the MPC, 53 P.S. §§ 10609, 10610 and 10916.1.

Editor's Note: The Zoning Map is included as an attachment to this chapter.

The hearing shall be conducted in accordance with Section 908 of the MPC, 53 P.S. § 10908, and all references therein to the Zoning Hearing Board shall, for purposes of this section, be references to the Borough Council. If the Borough does not accept a landowner's curative amendment brought in accordance with this subsection and a court subsequently rules that the challenge has merit, the court's decision shall not result in a declaration of invalidity for this entire chapter and Zoning Map, but only for those provisions which specifically relate to the landowner's curative amendment and challenge.

The Borough Council, if it determines that a validity challenge has merit, may accept a landowner's curative amendment, with or without revision, or may adopt an alternative amendment which will cure the challenged defects. The Borough Council shall consider the curative amendments, plans and explanatory material submitted by the landowner and shall also consider:

The impact of the proposal upon roads, sewer facilities, water supplies, schools and other public service facilities;

If the proposal is for a residential use, the impact of the proposal upon regional housing needs and the effectiveness of the proposal in providing housing units of a type actually available to and affordable by classes of persons otherwise unlawfully excluded by the challenged provisions of this chapter or Zoning Map;

The suitability of the site for the intensity of use proposed by the site's soils, slopes, woodlands, wetlands, floodplains, aquifers, natural resources and other natural features;

(4)

The impact of the proposed use on the site's soils, slopes, woodlands, wetlands, floodplains, natural resources and natural features, the degree to which these are protected or destroyed, the tolerance of the resources to development and any adverse environmental impacts; and

(5)

The impact of the proposal on the preservation of agriculture and other land uses which are essential to public health and welfare.

§ 290-60 Procedure for Borough curative amendments.

If the Borough determines that this chapter, or any portion hereof, is substantially invalid, it shall take the following actions:

The Borough shall declare, by formal action, this chapter or portions hereof substantially invalid and propose to prepare a curative amendment to overcome such invalidity. Within 30 days of such declaration and proposal, the Borough Council shall:

By resolution make specific findings setting forth the declared invalidity of this chapter, which may include:

References to specific uses which are either not permitted or not permitted in sufficient quantity;

Reference to a class of use or uses which requires revision; or

[3]

Reference to this entire chapter which requires revisions.

Begin to prepare and consider a curative amendment to this chapter to correct the declared invalidity.

Within 180 days from the date of the declaration and proposal, the Borough shall enact a curative amendment to validate, or reaffirm the validity of, this chapter pursuant to the provisions of Section 609 of the Pennsylvania Municipalities Planning Code (hereinafter "MPC"), 53 P.S. § 10609, in order to cure the declared invalidity of this chapter.

Upon the initiation of the procedures as set forth in Subsection A(1), the Borough Council shall not be required to entertain or consider any landowner's curative amendment filed under Section 609.1 of the MPC, 53 P.S. § 10609.1, nor shall the Zoning Hearing Board be required to give a report requested under Section 909.1 or 916.1 of the MPC, 53 P.S. §§ 10909.1, 10916.1, subsequent to the declaration and proposal based upon the grounds identical or substantially similar to those specified by the resolution required by Subsection A(1)(a). Upon completion of the procedures set forth in Subsection A(1), no rights to a cure pursuant to the provisions of Sections 609.1 and 916.1 of the MPC, 53 P.S. §§ 10609.1, 10916.1, shall, from the date of the declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of this chapter for which there has been a curative amendment pursuant to this section.

The Borough, having utilized the procedures set forth in this section, may not again utilize said procedure for a period of 36 months following the date of enactment of a curative amendment, or reaffirmation of the validity of this chapter; provided, however, if, after the date of declaration and proposal, there is a substantially new duty imposed upon the Borough by virtue of a change in statute or by virtue of a Pennsylvania Appellate Court decision, the Borough may utilize the provisions of this section to propose a curative amendment to this chapter to fulfill said duty or obligation.

§ 290-61 Notice and advertisement of amendments.

Amendments to this chapter shall become effective only after a public hearing held pursuant to public notice. A brief summary setting forth the principal provisions of the proposed amendment and a reference to the place within the Borough where copies of the proposed amendment may be secured or examined shall be incorporated in the public notice.

Proposed amendments shall not be enacted unless notice of proposed enactment is given in the manner set forth in this section, and shall include the time and place of the meeting at which passage will be considered and a reference to a place within the Borough where copies of the proposed amendment may be examined without charge or obtained for a charge not greater than the cost thereof. The Borough Council shall publish the proposed amendment once in a newspaper of general circulation in the Borough not more than 60 days nor less than seven days prior to passage. Publication of the proposed amendment shall include either the full text thereof or the title and a brief summary, prepared by the Borough Solicitor and setting forth all the provisions in reasonable detail. If the full text is not included:

A copy thereof shall be supplied to a newspaper of general circulation in the Borough at the time the public notice is published.

An attested copy of the proposed amendment shall be filed in the county law library (or other county office designated by the County Commissioners).

In the event substantial amendments are made in the proposed amendment, before voting upon enactment, the Borough Council shall, at least 10 days prior to enactment, readvertise, in one newspaper of general circulation in the Borough, a brief summary setting forth all the provisions in reasonable detail, together with a summary of the amendments.

§ 290-62 Conditional use procedures.

Applicability. The Borough Council shall have the power to approve conditional uses when this chapter specifically requires the obtaining of such approval and for no other use or purpose.

Application and approval procedure.

Application procedure.

An application for conditional use approval shall be filed with the Zoning Officer, on forms prescribed by the Borough, at least 21 days prior to the date of the regular meeting of the Planning Commission. A conditional use application shall not be considered to be administratively complete until all items required by this chapter, including the application fee and/or deposit, have been received by the Borough.

The Zoning Officer shall review the application to determine whether all materials required by this chapter have been submitted by the applicant. If all such materials have not been submitted by the applicant, then the Zoning Officer shall reject the application as administratively incomplete and shall notify the applicant, in writing, citing the specific deficiencies and the specific requirements of this chapter that have not been met.

Within five days of receipt of an administratively complete application, the Zoning Officer shall submit one copy of the application and any materials submitted therewith to the Borough Solicitor; the Borough Engineer; any Borough professional consultant deemed necessary by the Borough Manager; and the County Planning Agency or its designee.

The Zoning Officer shall submit one copy of an administratively complete application and any materials submitted therewith to each member of the Borough Planning Commission.

(e)

The Planning Commission shall review the application and forward its recommendation to the Borough Council.

(f)

The Borough Council shall hold a public hearing, pursuant to public notice, within the time periods and procedures required by the MPC. The public hearing shall commence within 60 days of the date of the filing of an administratively complete application. Public hearings shall be conducted and held in accordance with the applicable provisions of the MPC.

(g)

The Borough Council shall render a written decision on the conditional use application within 45 days of the last hearing. Where the application is contested or denied, the Borough Council decision shall be accompanied by findings of fact and conclusions based thereon, together with any reasons therefor. Conclusions based on any provisions of this chapter or any other rule, regulation, ordinance or statute shall contain a reference to the provision relied upon and the reasons why the conclusion is deemed appropriate in light of the facts found.

(h)

In granting a conditional use pursuant to this chapter, the Borough Council may impose any reasonable conditions it believes are necessary to ensure compliance with this chapter, Chapter 250, Subdivision and Land Development, the Code of the Borough of West Mifflin, as amended, and all other ordinances of the Borough, and as it otherwise deems necessary to implement the purposes of this chapter and the MPC.

(i)

A copy of the final decision or, where no decision is called for, of the findings shall be delivered to the applicant personally or mailed to him not later than the day following its date.

(j)

All development, construction and use shall be in accordance with the approved conditional use decision and plan, unless a revised conditional use application is submitted, approved and filed. The approved conditional use plan shall consist of the application, as submitted, together with all of its attachments and exhibits, as finally approved by the Borough Council, and the conditions attached by the Borough Council. Any development contrary to the approved conditional use decision and plan shall constitute a violation of this chapter.

Application content.

All applications for conditional use approval shall demonstrate compliance with the general standards and criteria of this section; the applicable express standards and criteria of this article; and the applicable lot and yard requirements of the zoning district in which the use is proposed.

All applications for conditional use approval shall be submitted to the Zoning Officer, in the form prescribed. The number of copies of each of the following items shall be prescribed by the Planning Director:

Full-scale copies and half-scale copies of all required plans, maps and drawings;

Copies of all other application materials.

An application for conditional use approval shall not be considered administratively complete until all items required by this chapter, including the application fee and/or deposit, have been received by the Zoning Officer.

All applications for conditional use approval shall contain the following:

A development plan, as defined by this chapter;

A legal document verifying applicant's legal interest in the subject property (i.e., deed, sales agreement, lease);

[3]

The application fee and/or deposit in an amount set from time to time by resolution of the Borough Council; and

[4]

Construction plans, where renovations or modifications of an existing building are immediately contemplated, showing the scope, nature and extent of said renovation or modification.

Expiration of approval. The grant of a conditional use shall expire two years after the date of the Borough Council written decision unless the applicant has applied for and obtained a building permit and commenced construction or, in a case where the conditional use does not require the issuance of a building permit, the applicant has applied for and obtained an occupancy permit and has commenced the use which is the subject of the conditional use approval. Expiration of the conditional use approval under this article shall require the applicant to reapply for conditional use approval.

General standards and criteria.

Before approving a conditional use application, the Borough Council shall determine that the proposed use complies with the following general standards and criteria, which are in addition to any other requirements in this chapter for a specific type of use or development:

The proposed use will not alter the established character and use of the neighborhood or district in which it is located, and will not substantially impair the use or development of adjacent properties.

The establishment, maintenance, location and operation of the proposed use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.

The proposed use complies with all applicable provisions and requirements for that type of use contained in this chapter (unless a variance to any provision has been granted by the Zoning Hearing Board) and all other applicable federal, state, county, and Borough laws, statutes, ordinances and regulations, including but not limited to Chapter 250, Subdivision and Land Development; Chapter 240, Stormwater Management; and the Code of the Borough of West Mifflin, as amended.

The proposed use is compatible with surrounding land uses. It does not have a negative impact on the existing neighborhood or development in terms of air and water quality, noise, illumination and glare, restrictions to natural light and air circulation or other hazardous conditions that could endanger surrounding residents or impair the use of surrounding properties.

(e)

The proposed site of the conditional use is suitable in terms of topography, soil conditions and size, based on number of projected users and the frequency of use of the proposed use.

(f)

The proposed use and site provides for safe, adequate vehicular and pedestrian access. It has access from a street capable of handling the traffic generated by the proposed use, and it will not result in undue traffic congestion and hazardous conditions on adjacent streets. The use provides for safe and efficient internal circulation and sufficient off-street parking and loading.

(g)

The proposed use complies with all applicable standards and requirements for providing sanitary sewage disposal, water supply, stormwater management, solid and toxic waste storage and disposal.

(h)

The proposed use provides landscaping, screening and buffer areas sufficient to protect the use, enjoyment and development of adjacent properties.

(i)

The proposed use is in general conformity with the Borough Comprehensive Plan, as amended.

The Borough Council shall grant a conditional use only if it finds adequate evidence presented by the applicant that the proposed conditional use is duly authorized under provisions of this chapter, that the application falls within the terms of the specific provisions allowing for conditional uses and that the proposed use complies with all other requirements of this chapter. The Borough Council shall refuse an application for conditional use where opponents to the application establish by a preponderance of evidence that the application is contrary to the health, safety and morals or general welfare of the community at large. The Borough Council, in granting a conditional use, may attach such reasonable conditions and safeguards other than those related to off-site transportation or road improvement, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of the Act and this chapter, except that conditions of approval shall not include those related to off-site transportation or road improvements pursuant to Section 603(c)(2) of the MPC.[1]

Editor's Note: See 53 P.S. § 10603(c)(2).

The Borough Council shall, among other things, require that any proposed use and location be:

In accordance with the West Mifflin Borough Comprehensive Plan and consistent with the spirit, purposes and the intent of this chapter.

In the best interests of the Borough, the convenience of the community and the public welfare and be a substantial improvement to the property in the immediate vicinity.

Suitable for the property in question and designed, constructed, operated and maintained so as to be in harmony with and appropriate in appearance to the existing or intended character of the general vicinity.