A.
Borough Council.
(1)
The Borough Council. Under this chapter the Borough Council
shall have the duties of considering and adopting or rejecting proposed
amendments or the repeal of this chapter, as provided by law, and
of establishing a schedule of fees and charges. Under no circumstances
shall the duties of the Borough Council include hearing and deciding
questions of enforcement that may arise.
(2)
Appoint the members of the Planning Commission, the Zoning Hearing
Board and the Zoning Officer.
(3)
Receive and consider the recommendations of the Planning Commission
on matters the Commission reviews pursuant to this chapter.
(4)
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 § 303(a)
of the Pennsylvania Municipalities Planning Code, the Borough Council
must ask for recommendations from the Planning Commission for proposed
actions related to:
(a)
The location, opening, vacation, extension, widening, narrowing
or enlargement of any street, public ground, pierhead or watercourse;
(b)
The location, erection, demolition, removal or sale of any public
structure located within the municipality;
(c)
The adoption, amendment or repeal of the Official Map, SALDO,
Zoning Ordinance or provisions for planned residential development,
or capital improvements program: or
(d)
The construction, extension or abandonment of any waterline,
sewer line or sewage treatment facility.
(5)
Advertise and host a public hearing before adopting a zoning
ordinance or any amendment thereto.
(6)
May remove members of the Planning Commission, the Zoning Hearing
Board or the Zoning Officer from their positions upon just cause and
after a formal hearing.
(7)
Establish fees for the issuance of land development, building,
occupancy and sign permits. In accordance with the Municipalities
Planning Code § 717.3(e), the Council may also prescribe
fees for conditional use applications, landowner curative amendments,
municipal curative amendments and for hearings before the Zoning Hearing
Board.
(8)
The Council shall have exclusive jurisdiction to hear and render
final adjudications in the following matters:
(a)
All applications pursuant to § 508 of the Municipalities Planning Code, 53 P. S. § 10508, for approval of subdivisions or land developments under Article V of the Municipalities Planning Code, 53 P. S. § 10501 et seq.
(b)
Applications for conditional use under the express provisions
of this chapter.
(c)
Applications for curative amendment to this chapter or pursuant
to §§ 609.1 and 916.1(a) of the Municipalities Planning
Code, 53 P. S. §§ 10609.1 and 10916.1(a).
(d)
All petitions for amendments to land use ordinances, pursuant
to the procedures set forth in § 609 of the Municipalities
Planning Code, 53 P. S. § 10609.
(e)
Appeals from the determination of the Zoning Officer or the
Borough Engineer in the administration of any land use ordinance or
provisions thereof with reference to sedimentation and erosion control
and stormwater management as enabled by the Municipalities Planning
Code.
B.
Planning Commission.
(1)
The Planning Commission shall, at the request of the Borough
Council, have the power and shall be required to:
(a)
Prepare the Comprehensive Plan for the development of the Borough
as set forth in this act and present it for the consideration of the
Borough Council.
(b)
Maintain and keep on file records of its action. All records
and files of the Planning Commission shall be in the possession of
the Borough Council.
(2)
The Planning Commission, at the request of the Borough Council,
may:
(a)
Make recommendations to the Borough Council concerning the adoption
or amendment of an Official Zoning Map.
(b)
Prepare and present to the Borough Council a zoning ordinance
and make recommendations to the Borough Council on proposed amendments
to it as set forth in this act.
(c)
Prepare, recommend and present subdivision and land development
and planned residential development regulations for the consideration
of the Borough Council.
(d)
Prepare and present to the Borough Council a building code and
a housing code and make recommendations concerning proposed amendments
thereto following review and approval by the Pennsylvania Department
of Labor and Industry.
(e)
Review and present recommendations to the Borough Council on
conditional uses applications.
(f)
Complete other actions, including to but not limited to the
review and recommendation on conditional use applications to Borough
Council, or make such studies as may be necessary to fulfill the duties
and obligations imposed by this chapter.
(g)
Prepare and present to the Borough Council an environmental
study. Submit to the Borough Council a recommended capital improvements
program.
(h)
Prepare and present to the Borough Council a water survey which
shall be consistent with the state water plan and any applicable water
resources plan adopted by a river basin commission. The water survey
shall be conducted in consultation with any public water supplier
in the area to be surveyed.
(i)
Promote public interest in and understanding of the Comprehensive
Plan and planning.
(j)
Make recommendations to individuals, governmental, civic and
private agencies as to the effectiveness of such agencies' proposals.
(k)
Hold public hearings and meetings.
(l)
Present testimony before any board.
(m)
Require from other departments or agencies of the Borough such
available information as relates to the work of the Planning Commission.
(n)
In the performance of its functions, enter upon any land to
make examinations and surveys with the consent of the owner.
(o)
Prepare and present to the Borough Council a study regarding
the feasibility and practicability of using renewable energy sources
in specific areas within the Borough.
(p)
Review the Zoning, Subdivision and Land Development Ordinances,
Official Zoning Map of the Borough of Sewickley, provisions for planned
residential development, and regulations governing the development
of land no less frequently than it reviews the Comprehensive Plan.
(3)
Provide recommendations for proposed actions related to:
(a)
The location, opening, vacation, extension, widening, narrowing
or enlargement of any street, public ground, pierhead or watercourse;
(b)
The location, erection, demolition, removal or sale of any public
structure located within the municipality;
(c)
The adoption, amendment or repeal of an Official Map, SALDO,
Zoning Ordinance or provisions for planned residential development,
or capital improvements program; or
(d)
The construction, extension or abandonment of any waterline,
sewer line or sewage treatment facility.
C.
Zoning Hearing Board.
(1)
Zoning Hearing Board. The Borough Council shall appoint a Zoning Hearing Board in accordance with the provisions of § 330-1701A(2) of the Borough's Code of Ordinances and § 901 of the Pennsylvania Municipalities Planning Code. The Zoning Hearing Board shall have the following powers:
(a)
To hear and decide appeals where it is alleged there is error
in any order, requirement, decision or determination made by the Zoning
Officer in the enforcement of this chapter.
(b)
To hear and decide all variances to the terms of this chapter;
the Zoning Hearing Board is required to act under provisions of this
chapter, including approval of the expansion, extension or enlargement
of nonconforming uses only as provided for in this chapter.
(c)
To authorize upon appeal in specific cases such variance from
the terms of this chapter as will not be contrary to the public interest,
where owing to special conditions a literal enforcement of the provisions
of this chapter would result in an unnecessary hardship, and so that
the spirit of the this chapter shall be observed and substantial justice
done.
(d)
To hear and decide substantive challenges to the validity of
any land use ordinance, except those brought before the governing
body pursuant to §§ 609.1 and 916.1(a)(2) of the Pennsylvania
Municipalities Planning Code.
(e)
To hear and decide appeals from a determination by the Municipal
Engineer or the Zoning Officer with reference to the administration
of any floodplain or flood hazard ordinance or such provisions within
a land use ordinance.
(f)
To hear and decide appeals from the Zoning Officer's determination
under § 916.2 of the Pennsylvania Municipalities Planning
Code.
(g)
To hear and decide appeals from the determination of the Zoning Officer or Municipal Engineer in the administration of any land use ordinance or provision thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relate to development not involving Article V or VII applications prescribed within the Pennsylvania Municipalities Planning Code.
(2)
In exercising the above-mentioned powers, such Zoning Hearing
Board may, in conformity with the provisions of this article, reverse
or affirm, wholly or partly, or may modify the order, requirement,
decision or determination appealed from and may make such order, requirement,
decision or determination as in its opinion ought to be made. Notice
of such decision shall forthwith be given to all parties in interest
and shall be filed immediately with the Zoning Officer.
D.
Zoning Officer.
(1)
The day-to-day administrative procedures provided for in this
chapter are the responsibility of the Zoning Officer. The Zoning Officer's
duties generally involve receiving, reviewing and issuing building
and zoning permits and certificates of occupancy; maintaining records
of applications and permits; performing inspections to determine compliance
with this chapter; notifying persons violating this chapter; keeping
this chapter and map up-to-date and accepting applications for and
presenting facts at hearings before the Zoning Hearing Board. Borough
Council may amend the duties of the Zoning Officer as deemed necessary
for the health, safety and welfare of the residents. The Zoning Officer
must administer this chapter by its literal terms; the Zoning Officer
does not have any discretionary power and can neither waive nor tighten
any requirement of the chapter. The Zoning Officer is required to
meet qualifications established by the Borough and the Pennsylvania
Municipalities Planning Code and must be able to demonstrate a working
knowledge of the municipal zoning. The Zoning Officer may also serve
as the Building Inspector.
E.
Building Inspector.
(1)
The Building Inspector shall enforce this chapter by issuing
building permits and occupancy permits for only such structures and
uses that comply with the provisions of this chapter. The Building
Inspector shall conduct all inspections necessary to determine compliance
with the chapter and shall maintain records thereof.
(2)
The Building Inspector shall be responsible for:
(a)
Maintaining all of the records of this chapter, including, but
not limited to, all maps, amendments and variances, nonconforming
uses, appeals and applications thereof and hearings thereon.
(b)
Collecting fees which shall accompany applications for building
and occupancy permits and variances.
(c)
Receiving, filling and forwarding to the Borough Council and
the Planning Commission for action all applications for amendments
to this chapter.
(d)
Receiving, filing and forwarding to the Zoning Hearing Board
all applications for variances and appeals in accordance with the
provisions of this chapter.
(3)
The Building Inspector may also serve as the Zoning Officer.
A.
Enforcement notice.
(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 chapter.
(2)
The enforcement notice shall be sent to the owner of the lot
on which the violation has occurred, to any person who has filed a
written request to receive enforcement notices regarding that lot,
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 lot 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 the time frame as defined by the enforcement
notice.
(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.
B.
Remedies.
(1)
Any person, partnership or corporation who or which has violated
or permitted the violation of 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 attorneys' fees incurred by
the Borough as a result thereof. No judgment shall commence or be
imposed, levied or be 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. All judgments, costs and reasonable
attorneys' fees collected for the violation of this chapter shall
be paid over to the Borough.
(2)
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.
(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.