Borough of Manor, PA
Westmoreland County
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Table of Contents
Table of Contents
[Ord. 315, 9/11/1974, § 401; as amended by Ord. 372, 3/7/1984, § 1]
1. 
The Zoning Officer shall be appointed by the Borough Council. The Zoning Officer shall administer this chapter in accordance with its literal terms, and shall not have the power to permit any construction of any use or change of use which does not conform to this chapter. The Zoning Officer shall:
A. 
Administer and enforce the provisions of this chapter including the collection of fees required by this chapter.
B. 
Issue zoning certificates.
C. 
Maintain permanent files of all zoning certificates and applications as public records.
D. 
Provide a copy of site plans for proposed developments which are special exceptions in all zoning districts for review by the Commission.
E. 
Attend Board hearings and provide the Board with information concerning applications and site plans.
F. 
The term of office of the Zoning Officer shall be for two years commencing with the appointment of the Zoning Officer at the biannual reorganization meeting of the Borough Council on the first Monday of January on even-numbered years. The Zoning Officer may be removed from office for misconduct after a hearing of Borough Council on cause shown of which no less than 10 days' notice in writing shall be given.
G. 
The Zoning Officer shall be compensated as determined by resolution of Borough Council.
[Ord. 315, 9/11/1974, § 402]
1. 
Application for a zoning certificate shall be accompanied by two copies of the plans and plot survey showing clearly and completely the location, dimensions and use or nature of any structure involved and such other information as the Zoning Officer may require for administration of this chapter, together with the zoning certificate filing fee deposited to the general fund, in accordance with the schedule in § 27-404 as determined and approved by the Borough Council.
A. 
Where mandatory review by the Commission is required by § 27-401 or where the Zoning Officer feels Commission review would assist in the evaluation of an application, the Zoning Officer shall forward one copy of the plans to the Commission for review.
B. 
In approving an application for a zoning certificate, the Zoning Officer may require such changes in plans for construction, addition or alteration or use of such buildings or lots as may be necessary to assure compliance with this chapter.
[Ord. 315, 9/11/1974, § 403]
[Ord. 315, 9/11/1974, § 404; as amended by Ord. 519, 4/21/2010, § II]
A fee shall be paid to the Borough for all permits applied for under this chapter. The fee shall be in accordance with a schedule of fees established by resolution by the Borough Council. The fee is payable to the Borough at the time of application and shall accompany each application for a permit.
[Ord. 315, 9/11/1974, § 404.1; as added by Ord. 384, 7/3/1985; and by Ord. 519, 4/21/2010, § III]
1. 
No change in the use or character of the occupancy of land, nor any change in the use or character of occupancy in an existing building shall be made, nor shall any new building be occupied for any purpose until a use permit has been issued by the Zoning Officer. Every use permit shall state that the use or occupancy complies with all provisions of this chapter and all other ordinances of Manor Borough.
2. 
Application for Use Permit. Every application for a building permit shall be deemed to be an application for a use permit. Where no building permit is required, every application for a use permit for a new or changed use of land shall be made directly to the Zoning Officer.
3. 
No use permit shall be issued until the erection, construction, or alteration has been completed, or the use established, and inspected and approved by the Zoning Officer and no building or premises shall be occupied until the use permit is issued; provided, that the use permit shall be issued or written notice shall be given to the applicant stating why a use permit cannot be issued no later than five working days after the office of the Zoning Officer is notified in writing that the building or premises is ready for occupancy.
4. 
The Zoning Officer shall provide application forms to apply for use permits.
5. 
Fees. A fee shall be paid to the Borough for all permits applied for under this section. The fee shall be in accordance with a schedule of fees established by resolution by the Borough Council. The fee is payable to the Borough at the time of application and shall accompany each application for a permit.
[Ord. 315, 9/11/1974, § 405; as amended by Ord. 554, 12/17/2014, § II; and by A.O.]
1. 
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.
2. 
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.
3. 
An enforcement notice shall state at least the following:
A. 
The name of the owner of record and any other person against whom the Borough intends to take action.
B. 
The location of the property in violation.
C. 
The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of this chapter.
D. 
The date before which the steps for compliance must be commenced and the date before which the steps must be completed.
E. 
That the recipient of the notice has the right to appeal to the Zoning Hearing Board within a period of 10 days.
F. 
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.
[Ord. 315, 9/11/1974, § 406; as amended by Ord. 554, 12/17/2014, § II; and by A.O.]
1. 
Any person, partnership or corporation who or which has violated 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 payable until the date of the determination of a violation by the magisterial district judge. If the defendant neither pays nor timely appeals the judgment, 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.
2. 
The court of common pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem judgment pending a final adjudication of the violation and judgment.
3. 
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.
4. 
Magisterial district judges shall have initial jurisdiction in proceedings brought under this section.
[Ord. 315, 9/11/1974, § 406; as amended by Ord. 554, 12/17/2014, § II]
1. 
In addition to other remedies, the Borough may institute and maintain appropriate actions by law or in equity to restrain, correct or abate violations, to prevent unlawful construction, to recover damages and to prevent illegal occupancy of a building, structure or premises. The description by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring shall not exempt the seller or transferor from such penalties or from the remedies herein provided.
2. 
The Borough may refuse to issue any permit or grant any approval necessary to further improve or develop any real property which has been developed or which has resulted from a subdivision of real property in violation of this chapter. This authority to deny such a permit or approval shall apply to any of the following applicants:
A. 
The owner of record at the time of such violation.
B. 
The vendee or lessee of the owner of record at the time of such violation without regard as to whether such vendee or lessee had actual or constructive knowledge of the violation.
C. 
The current owner of record who acquired the property subsequent to the time of violation without regard as to whether such current owner had actual or constructive knowledge of the violation.
D. 
The vendee or lessee of the current owner of record who acquired the property subsequent to the time of violation without regard as to whether such vendee or lessee had actual or constructive knowledge of the violation.
3. 
As an additional condition for issuance of a permit or the granting of an approval to any such owner, current owner, vendee or lessee for the development of any such real property, the Borough may require compliance with the conditions that would have been applicable to the property at the time the applicant acquired an interest in such real property.
[Ord. 315, 9/11/1974, § 407]
Any person or Borough official aggrieved or affected by any decision of the Zoning Officer may, within 30 days, appeal to the Board by filing a notice of appeal specifying the grounds thereof. Re-appeal may only be made when the grounds for the denial have been eliminated.
[Ord. 315, 9/11/1974, § 408; as amended by Ord. 382, 3/6/1985; and by Ord. 411, 10/4/1989; and by Ord. 519, 4/21/2010, § IV]
1. 
The Borough Council may, from time to time, amend, supplement or change the regulations, exceptions, illustrations, restrictions or district boundaries herein established or subsequently established as new conditions or uses develop, as large tracts of land or lots are subdivided or developed and as the general development objectives of the Borough change due to population or transportation factors or actions of higher levels of government. This will be done only after a public hearing before the Borough Council. Official notice shall be given in a newspaper of general circulation in the Borough at least 15 days prior to such hearing.
A. 
Before voting on the enactment of an amendment, the Borough Council shall hold a public hearing thereon, pursuant to a public notice. In the case of an amendment other than that prepared by the Commission, at least 30 days prior to the hearing on such proposed amendment, the Borough Council shall provide the Planning Commission an opportunity to submit recommendations. If, after any public hearing held upon an amendment, the proposed amendment is revised, or further reviewed, 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.
B. 
After enactment, advertisement may consist solely of a reference to the place within the Borough where copies of such ordinance or amendment shall be obtainable for a charge not greater than the cost thereof and be available for examination without charge. Zoning ordinance amendments are incorporated into official Code books by reference with the same force and effect as if duly recorded within.
C. 
Application forms for amendment to this chapter shall be provided by Council and may be obtained from the Zoning Officer. The applicant shall provide the information required on the application form before the application will be considered.
D. 
Fees. A fee shall be paid to the Borough for all applications made to the Borough Council for any matters coming before the Borough Council under this chapter. The fee shall be in accordance with a schedule of fees established by resolution by the Borough Council. The fee is payable to the Borough at the time of application and shall accompany each application to the Borough Council.
[Ord. 315, 9/11/1974, § 408; as added by Ord. 539, 12/5/2012, § IX]
1. 
An application for oil and gas operations shall include the following information and submittals:
A. 
The name and address of the applicant. (The "applicant" must qualify as such under the terms and definitions of the Pennsylvania Municipalities Planning Code (MPC). Under the MPC an "applicant," is a landowner or developer, as defined in the MPC, who has filed an application for development including his heirs, successors and assigns. "Landowner," is defined in the MPC as the legal or beneficial owner or owners of land including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land. A "developer," is defined in the MPC as any landowner, agent of such landowner, or tenant with the permission of such landowner, who makes or causes to be made a subdivision of land or a land development.). The applicant shall submit with the application a copy of the document or documents which establish that the applicant qualifies as such.
B. 
A copy of the well permit applied for and/or issued by the PaDEP for the well and/or oil and gas operations, including a copy of the plat(s) submitted to PaDEP in conjunction with such permit application.
C. 
The names and addresses of all surface owners of the property which is the subject of the application.
D. 
The names and addresses of all residents of any building on the subject property.
E. 
The names and addresses of all businesses operated in any building on the subject property.
F. 
A description and location of any and all oil and gas operations to be performed or undertaken on the subject property, whether temporary or permanent, with estimated time frames for each activity.
G. 
A stormwater management plan, prepared in accord with the provisions of the Borough's Stormwater Management Ordinance [Chapter 23].
H. 
When determined and required by the Borough as necessary to conduct and review the application, a plat, prepared by and under seal of a surveyor registered and licensed in the Commonwealth of Pennsylvania, showing all current features and structures of and on the subject property.
2. 
All fully completed and submitted applications for permitted uses related to oil and gas operations shall be reviewed by the appropriate officials and consultants of the Borough within 30 days of the completed submission.
3. 
All fully completed and submitted applications for conditional uses related to oil and gas operations shall be reviewed by the appropriate officials, consultants, Planning Commission and Borough Council of the Borough within 60 days of the completed submission.
[Ord. 315, 9/11/1974, § 408; as added by Ord. 539, 12/5/2012, § IX]
A conditional use approval for oil and gas operations shall be valid for a period of one year from the date of the approval. If the oil and gas operations approved has not been initiated within one year after the conditional use approval, the conditional use approval shall expire. An extension may be granted by the Borough of Manor Borough Council for an additional period of time, not to exceed a maximum of one year, upon written request by the applicant filled prior to the expiration of the original one-year period, subject to the finding that the plan is in compliance with all applicable provisions and requirements.
[Ord. 315, 9/11/1974, § 408; as added by Ord. 539, 12/5/2012, § IX]
1. 
Unconventional Wells. The operator of any unconventional well, at time of application for a permit or a conditional use, shall provide proof to the Borough that the operator has complied with or shall comply with the requirements of 35 Pa.C.S.A. § 7321 and the regulations adopted by the Pennsylvania Emergency Management Agency and the Department of Environmental Protection pursuant to the authority of 35 Pa.C.S.A. § 7321.
2. 
Conventional Wells. As part of a permit application or an application for a conditional use the applicant shall provide to the Borough the emergency response information set forth herein and an emergency preparedness and public safety plan. The emergency response information shall contain all of the following:
A. 
A GPS coordinate address for each well, including an address at both the access road entrance and the well pad site.
B. 
The name, address and phone number, including emergency twenty-four-hour phone number, for the operator of the well.
C. 
An as-built plan for the property and features and facilities on the well site, including detention ponds, retention ponds, waterlines, gas lines and q access roads.
D. 
File an emergency response plan with the Borough and the Westmoreland County Emergency Management Organization which will provide, at a minimum, a first responder's plan for potential emergencies, including, but not limited to, explosions, fires, leaks, releases, ruptures and geological activities.
E. 
In addition to the above, provide specific emergency preparedness plans which are unique and particular to the site and operations.
F. 
Post a permanent, weatherproof, reflective sign at the entrance road to each well site setting forth the specific address of that site, the GPS coordinates for the site and the emergency contact phone number for the operator.
3. 
Equipment. Equipment directly associated with oil and gas operations, pipelines, access roads and security features shall be permitted to be located and used if:
A. 
It is necessary and directly associated with such oil and gas activities.
B. 
It is located at or immediately adjacent to the oil and gas operation sites or activities.
C. 
The activities are authorized and permitted by a state and federal agency. The person using or intending to use such equipment shall provide written proof of the applicable state and or federal permits authorizing and permitting such activities.