There is hereby established a Zoning Hearing Board, to consist of five members who are residents of the Borough and who shall be appointed by Council in accordance with Article IX of the MPC.[1]

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.

Members of the Board are removable by Council in accordance with 53 P.S. § 10907(b) of the MPC.

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.

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.

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.

Zoning appeals to court shall be taken to the Court of Common Pleas of the County in accordance with the procedures prescribed in Article X-A of the MPC.[2]

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.

The Zoning Hearing Board shall conduct hearings and make decisions in accordance with 53 P.S. § 10908(1) through (10) of the MPC.

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.

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.

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.

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.

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.

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.

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.

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.

The Code Official is hereby charged with the duties of administering and enforcing this chapter. The Code Official shall have the power to:

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.

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.

Zoning appeals to court shall be taken to the Court of Common Pleas of the county in accordance with the procedures prescribed in Article X-A of the MPC.[1]

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.

Building permits will be required as designated in the Construction Codes section of the Codified Zoning Codes of the Green Tree Borough.[1]

A use and occupancy permit shall be required prior to any of the following:

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.

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.

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.

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.

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.

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.

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.

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.

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.

A use not listed as being permitted by right or conditional use in a particular zoning district is not permitted in that zoning district.

In deciding all applications for conditional uses the Green Tree Borough Council shall be guided by the following standards and criteria:

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.

If the defendant neither pays nor timely appeals the judgment, the Borough may enforce the judgment pursuant to 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 the violation continues shall constitute a separate violation.

All judgments, costs, and reasonable attorney fees collected for the violation of this chapter shall be paid to Green Tree 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.

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.

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.

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:

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.

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.

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.

The applicant's name and address and his representative and the interest of every person represented in the application;

A fee, as specified by the participating municipal fee schedule, charged to any person or persons desiring to amend this chapter;

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;

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.

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:

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.

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.

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.

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:

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.

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.

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.

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.

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.

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.

All appeals from determinations adverse to the landowner shall be filed by the landowner within 30 days after notice of the determination is issued.

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.

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]