The duty of administering and enforcing the
provisions of this chapter is hereby laid upon a Zoning Officer, who
shall have the authority to establish, from time to time, such rules
and regulations as may be deemed necessary properly to exercise the
authority and the powers conferred upon the said Zoning Officer under
the provisions of this chapter. The duties of the Zoning Officer may
be performed by the Building Inspector or any other person specifically
assigned to such service by the Borough Council.
A.
All site plans submitted to the Planning Commission
for consideration in any zoning district within the boundaries of
the Borough shall be first considered by the Planning Commission at
a duly advertised meeting.
B.
Subsequent to the Planning Commission's recommendations
concerning any site plan the matter shall then be heard at the next
regular duly advertised Borough Council meeting.
C.
Where required, site plan approval by the Borough
Council shall be a condition precedent to consideration of any application
for any type of use or building on any tract of land within the Borough.
No structure shall hereafter be erected or structurally
altered nor shall any act be performed which is regulated by this
chapter until a building permit or other appropriate permit shall
have been issued by the Zoning Officer or such other municipal official
designated by him. Such permit shall state that the proposed structure
or activity shall comply with all laws of the Borough relating thereto
and shall be approved for zoning compliance by the Zoning Officer.
All such building permits shall expire six months from date of issuance
unless construction thereunder is commenced prior to such expiration.
Full credit, however, shall be allowed on all renewal applications
for fees paid on account of the expired permit.
A.
No use of land other than agricultural and forestry
use shall be made and no structure hereafter erected or structurally
altered shall be occupied or used until a certificate of use, occupancy,
and compliance shall have been issued by the Zoning Officer. A similar
certificate of use, occupancy and compliance shall be applied for
before an existing use of a structure or land shall be changed. Such
certificates shall be valid only so long as the use and occupancy
of such land or structure shall continuously comply with all of the
requirements and regulations of this chapter. The Zoning Officer may
also revoke a certificate of occupancy upon his determination that
a failure of compliance of any regulation of this chapter exists.
B.
Upon such invalidity or revocation, any further use
or occupancy of such land or structure shall be considered to be in
violation of this chapter and subject to its penalty provisions. A
certificate of occupancy shall state that the proposed use of a structure
or land complies with all of the regulations of this chapter and all
other laws of the Borough. It shall be applied for coincidentally
with the application for a building permit and shall be issued upon
examination of the complete structure or use arrangement and certification
of compliance by the Zoning Officer.
C.
A certificate of occupancy shall state that the proposed
use of a structure or land complies with the regulations of this chapter,
and all other laws of the Borough. It shall be applied for coincident
with the application for a building permit and shall be issued upon
examination of the completed structure and certification by the Zoning
Officer, within 10 days after the erection or structural alteration
of such structure or part thereof shall have been completed, if in
conformity with the provisions of this chapter and all other laws
of the Borough. However, such certificate shall be void if not exercised
within six months of the date of issue or renewal.
D.
In the case of a certificate of occupancy in connection
with the restoration of a structure containing a nonconforming use,
or a nonconforming sign structure, or a nonconforming structure which
is damaged or partially destroyed by fire, flood, wind, or other calamity
or act of God, the form shall show the estimated cost of such restoration
to the condition it was before the occurrence, as well as the estimated
cost of restoration of the entire structure new, sustained by appraisal
or contractor's estimate.
A record of all permits and certificates shall
be kept on file in the office of the Zoning Officer, and copies shall
be furnished, on request, to any person having a proprietary or tenancy
interest in the structure or land affected.
All applications for building permits, occupancy
certificates, or certificates of nonconformance shall be made on printed
forms as approved by the Borough Council, and shall contain accurate
information as to the size and location of the lot; the size and location
of the structures on the lot; the dimensions of all yards and open
spaces; and such other information as may be necessary to provide
for the enforcement of this chapter. A file of such applications shall
be kept in the office of the Zoning Officer and, in the case of a
building permit, a duplicate copy shall be kept at the structure at
all times during construction.
A.
All structures for which permits have been obtained
and the construction of which or a portion of which has been begun,
or for which a contract or contracts has or have been let pursuant
to a permit issued prior to the passage of this chapter, may be completed
and used in accordance with the plans of which said permit was granted.
B.
Application for permits not accepted during consideration
of zoning change. During a period of 60 days from the date of introduction
of any ordinance which proposes change in the regulations, district
boundaries, or classifications of property, unless the Council shall
have acted upon the ordinance within said sixty-day period, the Zoning
Officer shall accept no applications for permits within the area involved
in said change for any use or structure which would be forbidden under
the proposed ordinance.
C.
Any permit issued by the Zoning Officer under the
terms of this chapter shall be revocable should any of the conditions
under which it is issued not be complied with.
A.
Procedure. Whenever the public necessity, convenience,
or general welfare indicates, the Borough Council may, by ordinance,
after report thereon by the Planning Commission and subject to the
procedure provided in this section, amend, supplement, or change the
regulations, district boundaries, or classifications of property,
as the same are established by this chapter (or may hereafter be made
a part thereof). Such ordinances for amendment, supplement, reclassification,
or change may be initiated by request of the Council, either upon
its own initiative, or in response to petition from the owners of
a majority of the property according to frontage in the district,
or reasonable portion thereof, the classification of which is proposed
to be changed, or at the request of the Planning Commission.
B.
Petition; form and content. Petitions for any change
of regulations, district boundaries, or reclassification of property,
as shown on the District Zoning Map, shall be filed with the Planning
Commission in the public office of said Commission upon forms, and
accompanied by such data and information, as may be prescribed for
that purpose by the Commission so as to assure the fullest practical
presentation of facts for the permanent record.
C.
Preparation of ordinance. Either in response to a
petition from property owners, or at the request of Borough Council,
or on its own initiative, the Planning Commission shall, with the
advice of the Commission Solicitor, prepare the ordinance for any
proposed amendment, supplement, reclassification, or change.
D.
Planning Commission action. The Planning Commission
shall make a report and recommendation on each request for zone change
(petition or otherwise) within 60 days from the date of receipt by
the Secretary of the Borough of said request. This report shall set
forth in detail reasons wherein public necessity, convenience, general
welfare, and the objectives of the overall Comprehensive Plan do or
do not justify the proposed change, and shall forward its findings
and recommendations to the Borough Council. At its discretion, the
Planning Commission may hold a public meeting before making such a
report and recommendation.
E.
Public hearing and Council action.
(1)
Within not more than 30 days after receipt of the
Planning Commission's report and recommendation, the Borough Council
shall either fix a time for public hearing, or, in the case of an
ordinance originating from a petition, notify the petitioner of its
decision not to consider the ordinance.
(2)
Notice of the time and place of a public hearing for
consideration of the proposed amendment, supplement, or change, stating
when and where copies thereof, shall be given not less than 15 days
prior to the date of such hearing by the following methods:
(a)
By publishing a notice thereof in a newspaper
of general circulation in the Borough.
(b)
By mailing a notice thereof to every association
of residents or owners who shall have registered an association address
with the Planning Commission for this purpose.
(c)
In the case of a proposed amendment or supplement
to the Zoning District Map, by at least 10 printed or typewritten
handbills posted in conspicuous places located within the territory
affected by the changes proposed by such ordinance.
(3)
When the Planning Commission disapproved, or in case
a protest against any proposed change, signed by the owners of 33
1/3% or more either of the area of the lots included in such proposed
change or of those immediately adjacent in the rear or adjoining on
the sides thereof, extending 100 feet therefrom, or of those directly
opposite thereto, extending 100 feet therefrom or of those directly
opposite thereto extending 100 feet from the street frontage of such
opposite lots, or of any other property within 150 feet of the property
included in the proposed change, is presented to Borough Council before
passage of the amending ordinance, the ordinance providing for such
amendment, supplement, or change shall not become effective except
by a favorable vote of five of all the members of the Council.
F.
If a petition for a change of the Zoning District Map is denied by the Borough Council after public notice and public hearing, no subsequent petition shall be accepted which involves the same classification change for the same property or any part thereof until after the next scheduled written review by the Planning Commission of the comprehensive plan, as required by § 185-7, but in no circumstances shall such a petition be accepted within a two-year period next following such denial.
In case any structure is erected, constructed,
reconstructed, altered, repaired, converted, or maintained, or any
structure or land is used in violation of this chapter, or of any
ordinance or other regulation made supplementing this chapter, the
proper authorities of the Borough, in addition to other remedies,
may institute any appropriate action or proceedings to prevent such
unlawful erection, construction, reconstruction, alteration, repair,
conversion, maintenance, or use, to restrain, correct, or abate such
violation, to prevent any illegal act, conduct, business, or use in
or about such premises.
[Amended 9-9-2002 by Ord.
No. 3-2002]
A.
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 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 District Justice. 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 District Justice determining that there has been a violation further
determines that there was a good faith basis for the person, partnership
or corporation violating the 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 District Justice and thereafter
each day that a violation continues shall constitute a separate violation.
All judgments, costs and reasonable attorney fees collected for the
violation of this chapter shall be paid over to the Borough.
B.
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.
C.
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.
A.
All site plans hereinbefore required to be submitted
to the Planning Commission for review and recommendation to the Borough
Council shall be set for public hearing before the Commission. Notice
of the time, place, and purpose of such hearing shall be given not
less than seven days prior to the date thereof by the following methods:
(1)
By at least one advertisement in a newspaper
of general circulation in the Borough.
(2)
By the display of not less than one poster on
each street frontage of the affected site.
(3)
By mailing a notice thereof to every association
of residents or of owners who shall have registered an association
address for this purpose with the Commission.
(4)
By mailing a notice thereof to each member of
the Borough Council.
B.
All site plans submitted to the Borough for consideration
after Planning Commission recommendation shall be advertised for public
hearing in accordance with the law requiring notice of the matters
to be heard at the Borough Council regular meetings.
