Edgmont Township City Zoning Code
ARTICLE XXXII
Administration
§ 365-178 Administration and enforcement.
There shall be a Zoning Officer, who shall be appointed by the Board of Supervisors and may not hold any elected office in the Township. The Zoning Officer shall meet qualifications established by the Township and shall demonstrate to the satisfaction of the Township experience and a working knowledge of municipal zoning, subdivision and land development standards, and construction principles. The Zoning Officer's duties shall include, but not be limited to, the following:
A.
Enforce all provisions of this chapter and all amendments thereto.
B.
Receive and examine all applications for building permits and recommend approval for building permits only if the proposed use conforms to this chapter.
C.
Refer applications for special exceptions and variances to the Zoning Hearing Board.
D.
Receive and review all applications for a preliminary opinion.
E.
Conduct inspections and surveys to determine compliance or noncompliance with the terms of this article.
F.
Issue stop, cease and desist orders, and order, in writing, correction of all conditions found to be in violation of the provisions of this chapter. Such written orders shall be served personally or by certified mail upon persons, firms, or corporations deemed by the Zoning Officer to be violating the terms 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.
Keep an official record of all business and activities, including complaints of a violation of any of the provisions of this chapter and of the subsequent action taken on each such complaint. For purposes of Article XVIII, records shall be kept in perpetuity.
H.
Maintain, or cause to have maintained, a map or maps showing the current zoning classification of all land in the Township.
I.
Identify and register all nonconforming uses and nonconforming structures created as a result of the adoption of this chapter or created as a result of amendments thereto.
§ 365-179 Requirement for building, zoning and occupancy permits.
§ 365-180 Applications for building permits.
In addition to the requirements set forth in the Edgmont Township Building Code,[1] the following shall apply:
A.
All permit applications shall be made, in writing, by the landowner or an authorized agent on forms furnished by the Township and shall be accompanied by a plot plan drawn to scale, showing the exact size and location of any buildings or other structures existing on the lot in question and upon abutting land within 50 feet of the side and rear lot lines of such lot, and the lines within which the proposed building or other structure shall be erected or altered. In addition, there shall be included with the application such other plans, documents and information as may be required by the Zoning Officer and/or Building Code Officer to ascertain compliance with this chapter, the Edgmont Township Building Code, and any other pertinent ordinances, codes and regulations.
§ 365-181 Issuance of building permits.
A.
No building permit shall be issued until the Township has certified that the proposed use, building, structure or alteration complies with the provisions of this chapter, the Edgmont Township Building Code[1] and other applicable codes, regulations and ordinances, including the highway entrance regulations of the PA DOT and the Township. For purposes of Article XVIII, prior to the issuance of any permit, the Zoning Officer (floodplain administrator) shall review the application for the permit to determine if all other necessary government permits required by state and federal laws have been obtained, such as those required by the Pennsylvania Sewage Facilities Act (Act 1966-537, as amended);[2] the Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended);[3] the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[4] and the U.S. Clean Water Act, Section 404, 33 U.S.C. § 1344. No permit shall be issued until this determination has been made.
C.
Upon completion of the activity authorized by the building permit, the holder of the building permit shall notify the Township of such completion and shall obtain from the Township an occupancy permit.
§ 365-182 Requirement for use and occupancy permit.
A.
A use and occupancy permit shall be required prior to any of the following:
(1)
Use and occupancy of any building or other structure hereafter erected or altered for which a building permit is required.
(2)
Change in tenant, owner or use of any nonresidential building or structure or any part thereof.
(3)
Initial occupancy of a single-family residential use.
(4)
Use of land or change in the use thereof, except that the placing of vacant land under cultivation shall not require a use and occupancy permit.
(5)
Change in use or extension of a nonconforming use.
B.
It shall be unlawful for any person to use or occupy any building or other structure or land until a use and occupancy permit, if required, has been duly issued.
§ 365-183 Applications for use and occupancy permits.
All applications for use and occupancy permits shall be made in writing by the landowner or his authorized agent on forms furnished by the Township and shall include all information necessary to enable the Zoning Officer to ascertain compliance with this chapter.
§ 365-184 Issuance of use and occupancy permits.
No use and occupancy permit shall be issued until the Zoning Officer has certified that the proposed use complies with all the provisions of this chapter and all other ordinances, regulations and codes of the Township of Edgmont; provided, however, a temporary use and occupancy permit may be issued by the Zoning Officer for a period not exceeding six months during alterations or partial occupancy of a building pending its completion, provided such a temporary permit requires any needed conditions and safeguards which will protect the safety of the occupants and the public.
§ 365-185 Issuance or refusal of permits.
A.
If the Zoning Officer determines that an application is in compliance with the provisions of this article, it shall be his/her duty to issue the appropriate permit, and if he/she determines that an application is not in compliance with the provisions of this chapter, it shall be his/her duty to refuse the permit, in which case, he/she shall instruct the applicant in the method of appeal or application to the Zoning Hearing Board or the Board of Supervisors, whichever is applicable.
B.
No permit shall be issued to any applicant until any and all fees incurred, which are payable to the Township, are paid in full.
§ 365-186 Fees.
A.
The Board of Supervisors shall establish, by resolution from time to time, a schedule of fees, charges and expenses and collection procedures for building permits, use and occupancy permits, sign permits, conditional uses, special exceptions, variances and appeals and other matters pertaining to this chapter. The schedule of fees shall be posted in the office of the Zoning Officer and may be altered or amended only by the Board of Supervisors.
B.
No action shall be taken on any application for any conditional use, special exception, variance or appeal until all application fees, charges and expenses have been paid in full.
C.
The Board of Supervisors shall make provision in its budget and appropriate funds for the operation of the Zoning Hearing Board. Fees for a public hearing before the Zoning Hearing Board 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.
§ 365-187 Enforcement notice.
A.
If it appears to the Township that a violation of any provision of this chapter has occurred, the Township shall initiate enforcement proceedings by sending an enforcement notice as provided in this section.
B.
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.
C.
An enforcement notice shall state the following:
(1)
The name of the owner of record and any other person against whom the Township intends to take action.
(2)
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 provision 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 prescribed period of time in accordance with procedures set forth in this chapter.
(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.
§ 365-188 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 any provision of this chapter, the Board of Supervisors or, with the approval of the Board of Supervisors, an officer of the Township, 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 Township at least 30 days prior to the time the action is begun by serving a copy of the complaint on the Board of Supervisors. No such action may be maintained until such notice has been given.
§ 365-189 Violations and penalties.
A.
Upon determining the violation has, or is, occurring, and except as otherwise provided in this chapter, the authorized representative designated by the Board of Supervisors shall issue a notice of violation ("Notice") imposing a civil penalty of not more than $500 and/or such other fines or penalties as may be authorized under the provisions of the MPC.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq., the Municipalities Planning Code.
B.
In the event the violator pays the prescribed civil penalty within 15 days of the date on the Notice, the civil penalty is to be reduced by a sum equal to 50% of the stated civil penalty.
C.
In the event that the Notice is not complied with and the civil penalty is not voluntarily paid to the Township, the Township may initiate a civil enforcement proceeding before a Magisterial District Judge, by complaint or other such means as may be provided by the Pennsylvania Rules of Civil Procedure.
D.
In addition to or in lieu of civil actions before a Magisterial District Judge, the Township may enforce the ordinance in an equity proceeding in the County Court of Common Pleas.
E.
In any case where a penalty for a violation of the above ordinances has not been timely paid and the person upon whom the penalty was imposed is found to have been liable therefor in civil proceedings, the violator shall be liable for the penalty imposed, including additional penalties for continuing violations, plus court costs and reasonable attorney fees incurred by the Township in the enforcement proceedings.
F.
Each day or portion thereof that the violation shall be found to exist, or each section of the ordinance(s) which is found to have been violated shall give rise to a separate offense under said ordinance(s).
§ 365-190 Standards and criteria for approval of conditional uses by Board of Supervisors.
A.
In evaluating an application to the Board of Supervisors for a conditional use, or to the Zoning Hearing Board for a special exception, the applicant shall provide a narrative along with all necessary information set forth below, as well as any other ordinance provisions setting forth standards and criteria for specific conditional uses, demonstrating that:
(1)
The proposed use is consistent with the purpose of the article whereby it is permitted, the overall purpose of this chapter as contained in Article I, and all applicable provisions of this chapter.
(2)
The proposed use will satisfy all of the relevant provisions and requirements of this chapter and Chapter 305, Subdivision and Land Development, and any other applicable ordinance, code and/or regulation. A plan with sufficient detail shall be submitted to enable its evaluation relative to pertinent ordinance provisions.
(3)
The proposed use and its location are consistent with and responsive to the Comprehensive Plan and the Comprehensive Recreation, Park and Open Space Plan, in particular, the plans for land use, circulation, community facilities, utilities, and the maps depicting areas of environmental concern/primary conservation areas and secondary conservation areas.
(4)
The proposed use will not adversely effect the health, safety, morals and general welfare of the Township.
(5)
The proposed land use is consistent with the nature of the land uses existing on any immediately adjacent properties, and it will not detract from or cause harm to neighboring properties and will be maintained in a manner in keeping with the character of the neighborhood.
(6)
The proposed use is located in an area or areas for which the site is suited.
(7)
The proposed use will be served by public water and public sewer where and when available and will not have a negative effect to the public services and utilities of the surrounding properties, or to private individual or community water supply wells or private individual on-site sewage disposal systems.
(8)
Proposed construction will be consistent with sound design, engineering and land development practices, and is in keeping with the character of construction within the neighborhood.
(9)
The proposed use will provide safe and adequate access to roads (existing or proposed), and will not result in excessive traffic volumes, and will involve improvements which may be needed to guarantee compatibility with adjacent roads.
(10)
The proposed use will provide for effective sanitation.
(11)
The proposed use will create the required screening and landscaping as required in this chapter and Chapter 305, Subdivision and Land Development.
(12)
The proposed use, as depicted in the plans for subdivision and/or land development, includes proposals for landscaping, in addition to that required as stated above, in areas such as the entrance, along property boundaries, in areas which are highly visible, such as along roads, walks or trails, and in other places where the use of trees, shrubs and ground covers would be functional and appropriate.
(13)
The proposed use will be properly sited and not be disruptive to streams, ponds, wetlands, and vegetation within the Flood Hazard District and the Steep Slope Conservation District.
(14)
The proposed use will provide for adequate off-street parking and loading in accordance with Article XX.
(16)
The proposed use will provide for adequate environmental controls in accordance with Article XXIII.
(17)
A satisfactory environmental impact assessment (EIA) report is submitted for any proposed use for which a conditional use application has been prepared and submitted, in accordance with the requirements of Article XXII.
(18)
The proposed use will be developed using stormwater management techniques, and soil erosion and sedimentation control techniques in accordance with prevailing regulations.
B.
The Boards may impose such conditions as are necessary to ensure any or all of the above standards and criteria are met as well as compliance with all other relevant ordinances, regulations and codes.
D.
General procedures for conditional use.
(1)
The Board of Supervisors shall, in the case of an application for conditional use, conduct all hearings, render decisions where required, and issue findings of fact and conclusions of law in accordance with the provisions of the Pennsylvania Municipalities Planning Code,[1] as amended.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(2)
In the event of approval, should the applicant fail to obtain the necessary Township approvals and permits within 12 months of notification or, having obtained the necessary approvals and permits, fails to commence work thereunder within six additional months, it shall be conclusively presumed that the applicant has waived, withdrawn, or abandoned his/her appeal or application, and all provisions, conditional use(s) and permits granted to him/her shall be deemed automatically rescinded by the Board of Supervisors. If the Board of Supervisors finds that a good reason exists for the failure to comply with the time periods specified above, an extension may be granted.
(3)
The grant of approval by the Board of Supervisors for a conditional use shall in no way release the applicant from his/her obligation to comply with the applicable provisions of this chapter, Chapter 305, Subdivision and Land Development, and any other applicable Township, state and federal regulations.
§ 365-191 Notices, hearings, and orders for conditional uses.
A.
All notices, hearings and orders in connection with any conditional use application, hearing or decision shall be made or shall occur in conformance with the provisions of this chapter and the Pennsylvania Municipalities Planning Code, Act 247,[1] as amended.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
In addition to the requirements of § 365-192A above, the applicant for a conditional use shall provide at least 10 days' advance written notice, by certified mail, to adjacent property owners; such notice shall include: the time, place and purpose of the hearing, identification of the property involved, the nature and extent of the relief sought, together with the general nature of the question involved. Certified mail receipts shall be presented by the applicant at the conditional use hearing.