West View City Zoning Code
ARTICLE XII
Planning Commission 1
§ 290-51 Intent.
It is the purpose of this article to cite those articles and sections of this chapter that specifically refer to responsibilities of the West View Borough Planning Commission in the administration of this chapter. Further, it is the purpose of this article to explain the site plan review procedures for the Planning Commission, and to enumerate specific powers and duties related to this chapter.
§ 290-52 Administration and procedure.
A.
Appointment. The Planning Commission of the Borough of West View, consisting of five members, were appointed by the Borough Council in the manner prescribed by law.
B.
Rules of procedure (as derived from Pennsylvania Act No. 247[1]). The Planning Commission shall adopt such rules of procedure as are required in accordance with the provisions of other Borough ordinances and, as necessary, to provide the required reviews and recommendations relative to this chapter. The rules of procedure with regard to zoning matters shall be in accordance with the provisions of Pennsylvania Act No. 247 and any other Borough ordinances pertinent to the review functions of the Planning Commission.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
C.
Meetings. The Planning Commission shall meet monthly at a regularly prescribed date and meeting place and at other times as the Chairman may deem necessary. All regular meetings of the Planning Commission shall be open to the public. The Secretary of the Planning Commission shall keep minutes of all meetings.
D.
Recommendations regarding zoning matters. Within 30 days after any referral for review, requested report or hearing regarding a zoning matter, unless a different time is required within this chapter, the Planning Commission shall record its review, analysis and recommendations in written form, copies of which shall be forwarded to the appropriate body, such as the Borough Council, the Zoning Hearing Board or, in certain cases, the Zoning Officer. The thirty-day period for a decision shall be computed from the day the Planning Commission accepted the subject matter requiring the course of the review. The thirty-day period prescribed above shall be applicable only after the holding of a required public hearing in accordance with public notice required by Act No. 247 and this chapter.
E.
Limitations. The Planning Commission shall function as an advisory body to the Borough Council in accordance with Article II, Pennsylvania Act No. 247,[2] and shall be restricted in its duties to applying the conditions, requirements, regulations and standards imposed by the various sections of this chapter in keeping with its overall intent.
[2]
Editor's Note: See 53 P.S. § 10201 et seq.
F.
Appeals of Planning Commission; review and recommendations. Any applicant or affected person may, within 10 days of a decision of the Planning Commission given under § 290-54, appeal to the Borough Council for review. Such review shall be conducted during a regularly scheduled meeting. The Borough Council may affirm, reverse or modify the findings of the Planning Commission.
§ 290-53 Powers and duties with respect to this chapter.
A.
The Planning Commission of the Borough of West View shall function as both a Zoning Commission and a Planning Commission having all powers prescribed by law. (See Section 209, Pennsylvania Act No. 247[1]).
[1]
Editor's Note: Section 209 was repealed by 1972, June 1, P.L. 333, No. 93, § 2; see now 53 P.S. § 10209.1.
B.
These powers shall include:
(1)
Preparation and presentation of an amended zoning ordinance to the Borough Council.
(3)
Preparation and administration of planned residential development controls and regulations.
(4)
The holding of public hearings as required by law.
(5)
Being of assistance to the Zoning Hearing Board whenever requested, and presenting to such body facts, records and any other similar information on specific requests to guide such body in reaching its decision.
(6)
Review of all site plans in accordance with the procedures established by this chapter.
§ 290-54 Site plan review procedure.
A.
Purpose. In order to assure the satisfactory development of sites within all residential or commercial districts, it shall be required that prior to the use or occupancy of such a lot, building site, parcel or property, a suitable site development plan shall be submitted to the Borough Planning Commission for review, prior to the issuance of a building permit to occupy or use the lot for the uses prescribed in this chapter. For the purposes of site plan review, all proposals in any Commercial District, or any proposal for more than five dwellings in an R-1, R-3 or R-P District shall require the submission of a site development plan to the Planning Commission for review and recommendations to the Borough Council.
[Amended 9-8-2010 by Ord. No. 1456]
B.
Submission procedure. Each required site development plan shall be submitted, in writing, to the Planning Commission at least one-week prior to its next scheduled meeting.
(1)
Submission of site development plan. An owner or owners requiring approval of a site development plan for any commercial or applicable residential development shall submit a written letter of application to the Planning Commission. Three copies of the letter of application, together with at least three prints of each drawing submitted as part of the preliminary site development plan and prepared in accordance with the site development specifications, shall be submitted to the office of the Zoning Officer no later than one-week prior to the Planning Commission meeting at which consideration is desired. At the time of submittal a fee of $5 per dwelling unit or lot, whichever is greater, shall be paid to cover the cost of review. For commercial site plans, a fee of 0.1% of the market value, as determined by the Zoning Officer, shall be paid at the time of filing.
(2)
Review and approval.
(a)
If the site development plan is approved by the Planning Commission, the owner is authorized to proceed. Conditional approval may be given by the Planning Commission, subject to modifications or changes requested and recorded by the Planning Commission, in which case the revised site development plan may be prepared to include said modifications or changes. A statement approving or disapproving the preliminary site development plan shall be signed by the Chairman or Vice Chairman of the Planning Commission and attached to and made part of the preliminary site development plan.
(b)
If a variance or special exception is required from the Zoning Hearing Board which is in any way related to the site development plan, the Planning Commission decision shall not be binding if such variance or special exception is denied by the Zoning Hearing Board.
(c)
Approval shall confer upon the owner or applicant the following rights for a six-month period from the date of approval, unless extended for good cause:
[1]
That the general terms and conditions under which the preliminary site development plan was granted will not be changed.
(d)
After approval of the site development plan by the Planning Commission, two copies, revised as recommended by the Planning Commission, shall be submitted to the Borough Secretary for the Borough records.
(e)
If the Planning Commission disapproves the site development plan, said plan may be modified or changed for further review by the Planning Commission or shall be returned to the Borough Council with all recommendations from the Planning Commission attached. On appeal, the Borough Council may approve or reject the site development plan or request changes to and modifications of such plan.