Richland Township Allegheny County
City Zoning Code
City Zoning Code
PART 11
OUTLINE OF DUTIES RELATED TO PLANNING AND ZONING
§ 27-1101 Board of Township Supervisors.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
The Board of Township Supervisors:
A.
Is ultimately responsible for the adoption, amendment and enforcement of this chapter.
B.
Shall appoint the members of the Planning Commission, the Zoning Hearing Board and the Zoning Officer.
C.
Shall receive the recommendations of the Planning Commission on matters the Commission reviews pursuant to this chapter but is not obligated to act in accordance with the recommendations.
D.
Must ask for recommendations of the Planning Commission on the adoption or amendment of this chapter if such recommendations are not prepared by the Planning Commission. In accordance with Section 303(a) of the Pennsylvania Municipalities Planning Code, the Township Board of Supervisors must ask for recommendations from the Planning Commission for proposed actions related to:
(1)
The location, opening, vacation, extension, widening, narrowing or enlargement of any street, public ground, pier head or watercourse;
(2)
The location, erection, demolition, removal or sale of any public structure located within the municipality;
(3)
The adoption, amendment or repeal of an Official Map, Subdivision and Land Development Ordinance, Zoning Ordinance or provisions for planned residential development, or a Capital Improvements Program; or
(4)
The construction, extension or abandonment of any waterline, sewer line or sewage treatment facility.
E.
Must call and hold a public hearing before adopting a zoning ordinance or any amendment thereto.
F.
May remove members of the Planning Commission or the Zoning Officer from their jobs or members of the Zoning Hearing Board, upon cause and after hearing.
G.
Must establish fees for the issuance of building, occupancy and sign permits. In accordance with MPC Section 617.3(e), the Board of Supervisors may also prescribe fees for conditional use applications, landowner curative amendments, municipal curative amendments and hearings before the Zoning Hearing Board.
H.
Final Adjudications.
(1)
The Board of Supervisors shall have exclusive jurisdiction to hear and render final adjudications in the following matters:
(a)
All applications for approvals of planned residential developments under Article VII of the MPC, pursuant to the provisions of Section 702 of the MPC, 53 P.S. § 10702.
(b)
All applications pursuant to Section 508 of the MPC, 53 P.S. § 10508, for approval of subdivisions or land developments under Article V of the MPC, 53 P.S. § 10501 et seq.
(c)
Applications for conditional uses under the express provisions of this chapter.
(d)
Applications for curative amendments to this chapter or pursuant to Sections 609.1 and 916.1(a) of the MPC, 53 P.S. §§ 10609.1 and 10916.1(a).
(e)
All petitions for amendments to land use ordinances, pursuant to the procedures set forth in Section 609 of the MPC, 53 P.S. § 10609.
(f)
Appeals from the determination of the Zoning Officer or the Township Engineer in the administration of any land use ordinance or provisions thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relate to applications for land development under Articles V and VII of the MPC, 53 P.S. §§ 10501 et seq. and 10701 et seq.
(2)
Where such determination relates only to development not involving an MPC Article V or VII application, the appeal from such determination of the Zoning Officer or the Township Engineer shall be to the Zoning Hearing Board pursuant to this § 27-1101.
(3)
Where the applicable land use ordinance vests jurisdiction for final administration of subdivision and land development applications in the Planning Commission, all appeals from determinations under this subsection shall be to the Planning Commission, and all appeals from the decision of the Planning Commission shall be to court.
§ 27-1102 Township Planning Commission.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
The Township Planning Commission:
A.
At the request of the Board of Supervisors, shall prepare and update periodically the Township Comprehensive Plan.
B.
May make recommendations, including a specific statement in writing, as to whether or not proposed actions of the Board of Supervisors, its departments, agencies and appointed authorities are in accordance with the objectives of the formally adopted Comprehensive Plan.
C.
Shall maintain a file of records of its actions, such file being the property of the Board of Supervisors.
D.
May prepare, hold hearings upon, and recommend for adoption a zoning ordinance for the Township and subsequently may prepare and recommend amendments thereto.
E.
May prepare and recommend for adoption a subdivision and land development ordinance and/or planned residential development ordinance, as well as amendments thereto.
F.
Shall receive, review and make recommendations to the Board of Supervisors on commercial or industrial development proposals, planned residential developments and subdivision plans.
G.
Shall receive, review and make recommendations to the Zoning Hearing Board on special exception requests.
H.
May call and hold public hearings on matters relating to development in the Township, including amendments to the Zoning and Subdivision Ordinances.
I.
May, at the request of the Board of Supervisors, prepare and recommend an annual capital improvements program, a building code, a housing code, an environmental study or similar reports or plans necessary to guide growth and development in the Township.
J.
May promote public interest in and understanding of the Comprehensive Plan and ordinances designed to implement the plan.
K.
Shall hold regularly scheduled advertised meetings open to the public.
§ 27-1103 Zoning Hearing Board.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
The Zoning Hearing Board:
A.
Shall receive recommendations on special exceptions from the Planning Commission and shall act thereon.
B.
Shall hear appeals from decisions of the Zoning Officer and shall uphold or reverse his decision.
C.
Shall hear requests for variances from strict application of the provisions of this chapter and make a decision thereon.
D.
Shall hear challenges to the validity of this chapter, map or amendments thereto, deciding contested questions and making findings on all relevant issues of fact.
F.
Shall be involved with any ordinance for which authority is granted to it by the Board of Supervisors or any other State law.
§ 27-1104 Zoning Officer.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
The Zoning Officer:
A.
Shall receive applications for building permits and occupancy permits.
B.
Shall review such applications after site visits before deciding to issue a permit or refer the proposal to the Planning Commission or Zoning Hearing Board.
C.
Shall testify at meetings of the Zoning Hearing Board on any contested decision he has made.
D.
Shall halt construction where it is not proceeding in accordance with a permit or where the permit has expired or never existed.
E.
Shall visit approved construction in progress to verify continued compliance with the permit.
F.
Shall investigate alleged violations of performance standards or other requirements of this chapter and, if allegations are correct, demand compliance with this chapter.
G.
Shall interpret this chapter literally.
H.
Shall keep a current record of nonconforming uses throughout the Township.
I.
May be delegated the job of preparing advertising for public hearings, preparing lists of lot owners to be notified by mail of hearings, and posting notices and reasons of hearings.
J.
Shall keep records of applications, permits, and nonconforming use registrations in accordance with the Records Management Act.
K.
Shall perform any other duties of administering this chapter as required by the Board of Supervisors or the Township Manager.