There shall be a Zoning Officer/Building Inspector
who shall be appointed by the Borough Council and be responsible for
the administration and enforcement of this chapter. The Zoning Officer/Building
Inspector shall not hold any elected office in the Borough. The duties
of the Zoning Officer/Building Inspector shall include, but not be
limited to, the following:
A.
Enforce all provisions of this chapter and all amendments
thereto.
B.
Receive, examine, record and file all applications
and fees for building permits and issue building permits only for
any use which conforms to this chapter.
C.
Refer applications for special exceptions and variances
to the Zoning Hearing Board.
D.
Issue permits for construction of uses requiring a
special exception or variance only upon order of the Zoning Hearing
Board. Permits requiring approval by the Borough Council shall be
issued only after receipt of an authorization from the Borough Council.
E.
Following refusal of a permit, to receive application
for interpretation, appeals and variances and forward these applications
to the Zoning Hearing Board for action thereon.
F.
Conduct inspections and surveys to determine compliance
or noncompliance with the terms of this chapter.
G.
Issue stop and cease-and-desist orders and order,
in writing, correction of all conditions found to be in violation
of the provisions of this chapter. Such written orders shall be served
personally or by certified mail upon persons, firms or corporations
deemed by the Zoning Officer/Building Inspector violating the terms
of this chapter. It shall be lawful for any person to violate any
such order lawfully issued by the Code Enforcement Officer, and any
person violating such order shall be guilty of a violation of this
chapter.
H.
Keep an official record of all business and activities,
including complaints of a violation of any of the provisions of this
chapter and of the subsequent action taken on each such complaint.
I.
Maintain or cause to have maintained a map or maps
showing the current zoning classification of all land in the Borough.
J.
Identify and register all nonconforming uses and nonconforming
structures created as a result of the adoption of this chapter.
K.
Issue use and occupancy permits in accordance with
the terms of this Article.
L.
Upon request of the Borough Council, the Planning
Commission or the Zoning Hearing Board, present facts, records and
any similar information to such body on specific requests to assist
the Borough or boards in reaching their final decision or recommendation.
In addition to the requirements set forth in
the Borough of Prospect Park Building Code,[1] the following shall apply: All applications for building
permits shall be made, in writing, by the landowner or his authorized
agent on forms furnished by the Borough and shall be accompanied by
a plot plan drawn to scale, showing the exact size and location of
any building or other structures existing on the lot in question and
upon abutting land within 50 feet of the side and rear lot line of
such lot and the lines within which the proposed building or other
structure shall be erected or altered. In addition, there shall be
included with the applications such other plans, documents and information
as may be necessary to enable the Code Enforcement Officer to ascertain
compliance with this chapter and all other pertinent ordinances, codes
and regulations.
In addition to the provisions set forth in the
Borough of Prospect Park Building Code,[1] the following shall apply: No building permit shall be
issued until the Building Inspector has certified that the proposed
building, structure or alteration complies with the provisions of
this chapter and other applicable codes, regulations and ordinances,
including the highway entrance regulations of the Pennsylvania Department
of Transportation and/or the Borough. A building permit, once issued,
shall be posted on the property. Work shall commence within three
days of issuance of a permit. No permit shall be valid for longer
than one year. An extension can be applied for at the Borough office
and shall be valid for one year. Upon completion of the portion thereof
authorized by any building permit obtained in compliance with this
chapter and prior to use or occupancy, the holder of such permit shall
notify the Building Inspector of such completion.
A.
A use and occupancy permit shall be required prior
to any of the following:
(1)
Use and occupancy of any building or other structure
hereafter erected or altered for which a building permit is required.
(2)
Change in use of any building or structure or any
part thereof.
(3)
Use of land or change in the use thereof, except that
the placing of vacant land under cultivation shall not require a use
and occupancy permit.
(4)
Change in use or extension of a nonconforming use.
B.
It shall be unlawful for any person to use or occupy
any building or other structure or land until a use and occupancy
permit, if required, has been duly issued.
All applications for use and occupancy permits
shall be made, in writing, by the landowner or his authorized agent
on forms furnished by the Borough and shall include all information
necessary to enable the Building Inspector to ascertain compliance
with this chapter.
No use and occupancy permit shall be issued
until the Building Inspector has certified that the proposed use complies
with all the provisions of this chapter and all other ordinances,
regulations and codes of the Borough of Prospect Park; provided, however,
that a temporary use and occupancy permit may be issued by the Building
Inspector for a period that he deems to be reasonable, but not to
exceed six months, during alterations or partial occupancy of a building
pending its completion, provided that such a temporary permit requires
any needed conditions and safeguards which will protect the safety
of the occupants and the public.
If the Building Inspector determines that an
application is in compliance with the provisions of this chapter,
it shall be his/her duty to issue the appropriate permit, and, if
he/she determines that an application is not in compliance with the
provisions of this chapter, it shall be his/her duty to refuse the
permit, in which case, he/she shall instruct the applicant in the
method of appeal or application to the Zoning Hearing Board or the
Borough Council, whichever is applicable. No permit shall be issued
to any applicant until any and all fees incurred which are payable
to the Borough are paid in full.
A.
The Borough Council shall establish by resolution
a schedule of fees, charges and expenses and collection procedures
for building permits, occupancy permits, sign permits, special exceptions,
variances, appeals, conditional uses, amendments and other matters
pertaining to this chapter.
B.
The schedule of fees shall be posted in the Borough
office and may be altered or amended only by the Borough Council.
C.
No action shall be taken on any application for any
special exception, variance or appeal until all applications, charges
and expenses have been paid in full.
A.
When written notice of violation of any of the provisions
of this chapter has been served by the Building Inspector on the owner,
agent or occupant, contractor or builder, such violation shall be
discontinued immediately. Such notice shall be served for violating:
B.
Such notice shall state at least the following:
(1)
The name of the owner of record and any other person
against whom the municipality intends to take action.
(2)
The location of the property in violation.
(3)
The specific violation, with a description of the
requirements which have been met, citing in each instance the applicable
provisions of this chapter.
(4)
The date before which the steps for compliance must
be commenced and the date before which the steps must be completed.
(5)
That the recipient of the notice has the right to
appeal to the Zoning Hearing Board within a prescribed period of time
in accordance with procedures set forth in this chapter.
(6)
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.
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 therefore in a civil enforcement
proceeding, pay a judgment of not more than $500, plus all court costs,
including reasonable attorney's fees incurred as a result of such
violation. Such judgment shall be imposed, levied or payable on the
date of the determination of a violation by the District Justice.
If the defendant neither pays nor timely appeals the judgment, the
municipality 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 has been
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 District Justice, and, thereafter, each day a violation continues
shall constitute a separate violation. All judgments, costs and reasonable
attorney's fees collected for the violation of this chapter shall
be paid over to the Borough of Prospect Park.
A.
In case any building, sign or structure is erected,
constructed, reconstructed, altered, repaired, converted or is maintained
or any building, sign, structure or land is used or any hedge, tree,
shrub or other growth is maintained in violation of this chapter or
of any regulations pursuant thereto, in addition to other remedies
provided by law, any appropriate action or proceeding, whether by
legal process or otherwise, may be instituted or taken to prevent
such unlawful erection, construction, reconstruction, alteration,
repair, conversion, maintenance or use, to restrain, correct or abate
such violation to prevent the occupancy of said building, structure
or land or to prevent any illegal act, conduct, business or use in
or about such premises.
B.
The Borough Council may, in its discretion, declare
such violation to constitute a nuisance and may remove, correct, abate
or enjoin the use of the same or any part thereof, and the cost of
such removal, correction, abatement or enjoining may be assessed against
the property upon which said violation has occurred, together with
such other remedies as provided by law; and if said assessment is
not paid, a municipal lien therefor may be filed against said premises
or action of assumpsit may be brought therefor in accordance with
law.
A.
In evaluating an application to the Borough Council
for a conditional use or to the Zoning Hearing Board for a special
exception, the respective Boards shall require the applicant to provide
reports, maps, plans and other related papers to ensure that the proposal
will:
(2)
Be consistent with the statement of purpose articulated
for the district in which the use is proposed.
(3)
Be consistent with the Prospect Park Comprehensive
Plan; in particular, the plans for land use, community facilities
and utilities.
(4)
Conform to all requirements of the Subdivision Regulations
and all other regulations and ordinances.
(5)
Not adversely affect the health, safety and general
welfare of the surrounding area and the Borough.
(6)
Promote the harmonious and orderly development of
the zoning district involved.
(7)
Be compatible with the character and type of development
existing in the area which surrounds the site in terms of the size,
scale, height and bulk of the proposed uses and the size, shape and
placement of buildings and other structures.
(8)
Not detract from or cause harm to neighboring properties
by creating a negative impact on the aesthetic character of the community.
(9)
Be compatible with the uses permitted in the surrounding
area in terms of the density and/or intensity of land use.
(10)
Reflect effective site planning and design in
terms of energy efficiency, environmental protection and aesthetic
composition.
(11)
Be reflective of sound engineering and land
development design and construction principles, practices and techniques.
(12)
Be consistent with the logical, efficient and
cost-effective extension of public services and utilities and will
not adversely affect the public services and utilities of surrounding
properties of the Borough as a whole in terms of water, sewers, police
and fire protection and schools.
(13)
Include proposals for the effective disposal
of solid waste.
(14)
Provide safe and efficient access to roads and
will not create traffic congestion, hazardous traffic conditions or
excessive traffic volumes.
(15)
Be developed so as to limit the number of access
points along a major public street and to develop frontage of buildings
on access roads which are parallel or perpendicular to a major public
street.
(16)
Provide any improvements needed to guarantee
compatibility with adjoining roads.
(17)
Provide continuity of existing circulation systems,
including roads, sidewalks, trails and other walkways.
(18)
Provide adequate off-street parking and loading
which will be minimally visible from adjoining public streets.
(19)
Utilize effective stormwater management techniques
and soil erosion and sedimentation control techniques which are in
character with and complementary to the proposed site grading and
landscaping.
(20)
Provide for adequate environmental controls
and performance standards to minimize noise, vibration, glare, heat,
odor, smoke dust, fumes, vapors, gases, air emissions, water emissions
and outdoor storage.
(21)
Preserve woodlands and other trees existing
at the site to the maximum extent possible.
(22)
Not be disruptive to existing topography, surface
water resources and groundwater resources.
(23)
Include proposals for effective mitigation of
potential adverse environmental impacts through a satisfactory environmental
impact assessment report.
(24)
Provide landscaping to buffer and screen the
use from surrounding properties, to complement buildings and other
structures on the site and to enhance the overall character of the
development.
(25)
Include proposed landscaping, in addition to
that required as stated above, in areas such as the entrance, along
property boundaries, in areas which are highly visible, such as along
roads, walks or trails, and in other places where the use of trees,
shrubs and ground cover would be functional and appropriate.
(26)
Provide fencing, walls, berming, terraces, walkways
and other site improvement features to complement the proposed landscaping.
(27)
Provide effective, subdued lighting using light
posts and fixtures complementary to the proposed architecture and
the character of the surrounding neighborhood.
(28)
Provide adequate signage which shall be crafted
to be attractive and of the highest graphic quality in keeping with
the character of surrounding properties.
B.
The Borough Council and the Zoning Hearing Board may
attach such conditions and safeguards, in addition to those already
required by this chapter, as they may deem necessary to implement
the purposes of the Municipalities Planning Code[2] and this chapter and to protect the public welfare, which
conditions and safeguards may relate to, but are not limited to, the
design of buildings, roads and parking areas, landscaping and its
maintenance as a sight or sound screen, lighting, noise, safety and
the prevention of noxious, offensive or hazardous conditions.
[2]
Editor's Note: See 53 P.S. § 10101
et seq.
C.
Conditional uses or special exceptions relating to
the Flood Hazard District or other districts shall also be evaluated
in accordance with additional standards and criteria set forth in
the provisions for the respective districts.
D.
Special exceptions shall be evaluated in accordance with the provisions of Article XV, Zoning Hearing Board.
E.
General procedures.
(2)
In the case of an application for conditional use,
the Planning Commission shall perform a review and provide counsel
to the Borough Council concerning the grant of approval or disapproval
of the proposed use. Such review shall be conducted and a written
report submitted to the Borough Council within 45 days of the date
of the first Planning Commission meeting following the date the plan
has been filed. The Planning Commission shall discuss the application
in at least one of its regularly scheduled public meetings during
the review period.
(3)
The Borough Council may, in the case of an application
for conditional use, schedule a hearing for public review and comment.
Such hearing shall commence during the ninety-day review period, unless
mutually agreed otherwise with the applicant. Within 90 days of the
date of the first Planning Commission meeting following the date the
plan had been filed, the Borough Council, at a regularly scheduled
meeting or a special meeting, shall take action to either approve
or disapprove the use.
(4)
The Planning Commission and the Borough Council shall
be responsible for providing notification to the applicant no less
than 20 days prior to the occurrence of any hearing at which testimony
will be heard and/or action taken upon approval or disapproval in
order that he/she may present his/her case at such hearing. The Borough
shall notify, not less than 10 days prior to such hearing, all abutting
property owners and owners of property within 250 feet of the property
in question.
(5)
Proof of proper notification shall be required as
a precondition before any formal action is taken on the application.
(6)
Notification of the action taken by the Borough Council
shall be made, in writing, to the applicant not later than 15 days
following the decision. In the event of disapproval, it shall be accompanied
by a statement of the reason therefor by specifying the defects found
in the application and describe the requirements that have not been
met and shall, in each case, cite the provisions of the statute or
ordinance relied upon. In the event of disapproval, the applicant
may file a new application for conditional use or subdivision and/or
land development or another use of the subject property.
(7)
In the event of approval, should the applicant fail
to obtain the necessary Borough approvals and permits within 12 months
of notification or, having obtained the necessary approvals and permits,
fail to commence work thereunder within six additional months, it
shall be conclusively presumed that the applicant has waived, withdrawn
or abandoned his/her application, and all provisions, conditional
use(s) and permits granted to him/her shall be deemed automatically
rescinded by the Borough Council.
(8)
The grant of approval by the Borough Council for a
conditional use shall in no way release the applicant from his/her
obligation to comply with the applicable provisions of this chapter,
the subdivision regulations and any other applicable Borough, state
and federal regulations.
