[Ord. 300, 12/4/1984, § 8.1]
1.
Persons desiring to undertake any new construction, structural or
site alteration or changes in the use of a building or lot shall apply
to the Zoning Officer for a zoning permit by filling out the appropriate
application form and by submitting the required fee.
2.
The Zoning Officer shall either issue the zoning permit or shall
refuse the permit, indicating in writing the reason for refusal. Certain
construction, alterations or uses require approval of the Zoning Hearing
Board, Borough Council and/or the recommendations of the Planning
Commission.
3.
If refused a permit by the Zoning Officer, the applicant may appeal
to the Zoning Hearing Board for further consideration.
4.
After the zoning permit has been received by the applicant, he may
undertake the action permitted by the zoning permit.
5.
Upon completion of such action, the applicant shall apply to the
Zoning Officer for an occupancy permit (where such a permit is required).
6.
If the Zoning Officer finds the action of the applicant is in accordance
with the zoning permit and any other required permits, he shall issue
an occupancy permit allowing the premises to be occupied.
[Ord. 300, 12/4/1984, § 8.2; as amended by Ord. 432,
9/8/2004]
1.
Zoning Permit.
A.
Scope.
(1)
No person shall erect, alter or convert any structure or building,
nor alter the use of any land or structure, until the Zoning Officer
issues a zoning permit to the person for said change or construction.
(2)
No zoning permit is required for normal maintenance and repairs.
(3)
No zoning permit is required for the erection of farm buildings
to be placed more than 150 feet from any road line.
B.
Types of Uses.
(1)
Permitted Use. A zoning permit for a permitted use may be issued
by the Zoning Officer.
(2)
Special Exception, Variance. A zoning permit for a use requiring
a special exception or variance shall be issued by the Zoning Officer
only upon the order of the Zoning Hearing Board after a hearing following
a review by the Planning Commission and the Borough Council. An application
for a special exception, variance or for interpretation of any part
of provision of this Chapter shall be made to the Zoning Hearing Board
on forms which may be obtained from the Zoning Officer.
[Amended by Ord. No. 2019-561, 10/9/2019]
C.
Application.
(1)
All applications for a zoning permit shall be in writing by
the owner or tenants or authorized agent on a form provided by the
Zoning Officer and shall be submitted to the Zoning Officer.
(2)
All applications for a zoning permit (a) shall include a statement
as to the proposed use of the building and/or land, (b) when required
by the Zoning Officer, shall be accompanied by a plot plan based upon
a plan prepared by a registered engineer or land surveyor, showing
the location of the plot in relation to all abutting properties and
street lines and (c) shall contain all information necessary to enable
the Zoning Officer to ascertain whether the proposed use complies
with the provisions of this Chapter.
(3)
Prior to the issuance of any zoning permit, the Zoning Officer
shall review the application for such permit to determine if all other
necessary governmental permits (such as those required by State and
Federal laws such as Act 537, the Pennsylvania Sewage Facilities Act,
the Water Obstruction Act of 1913 and the Federal Water Pollution
Control Act Amendments of 1972, § 404, 33 U.S.C. 1334) have been
obtained. No permit shall be issued until this determination has been
made.
(4)
The Zoning Officer may submit a copy of any plan and application
to any appropriate agencies and/or individuals (e.g., Planning Commission,
Borough Engineer, etc.) for review and comment.
D.
Issuance.
(1)
The Zoning Officer shall issue or refuse an application for
a zoning permit within 15 days after the date such application was
made, except as specifically provided for in this Chapter.
(2)
A zoning permit shall be issued in at least triplicate.
(3)
One copy shall be kept conspicuously on the premises. No person
shall perform building operations of any kind unless a zoning permit
is being displayed as required by this Chapter.
(4)
After the issuance of a zoning permit by the Zoning Officer,
no changes of any kind shall be made to the application, permit, plans,
specifications or other documents submitted with the application without
the written consent or approval of the Zoning Officer.
E.
Expiration. A zoning permit issued under the authority of this chapter
shall expire six months after date of issuance unless the permittee
shall have commenced substantial construction or utilization of the
property which is the subject of the permit in accordance with the
intent thereof within such period.
2.
Occupancy Permit.
A.
Scope. An occupancy permit shall be secured from the Zoning Officer
upon the completion of any structure and prior to the occupancy of
that structure. An occupancy permit shall also be secured from the
Zoning Officer prior to a change in occupancy of any residential or
multiple-family dwelling, prior to a change in occupancy of any structure
or land where a commercial or industrial use is to be located, and
for any change of use of any existing building or land where a residential
or multiple-family dwelling or a commercial or industrial use will
be involved.
[Amended by Ord. 2012-489, 6/13/2012; and by Ord. No. 2018-545, 6/13/2018]
B.
Application. All applications for an occupancy permit shall be in
writing on a form furnished by the Zoning Officer.
C.
Issuance.
(1)
The Zoning Officer shall grant or refuse an application for
an occupancy permit within 15 days after being notified of the completion
of authorized construction or alteration or (where no construction
or alteration is involved) within 15 days after receipt of such application.
(2)
A copy of the occupancy permit shall be kept upon the premises
and shall be displayed upon request made by any officer of the Borough.
(3)
Other Permits. The Borough may require additional permits specified
in other related chapters and laws.
D.
Inspections.
(1)
The following inspection shall not be required upon a change
of title to a residential or commercial structure; however, upon a
change of occupancy by an owner or a tenant, or a change in use of
any residential or commercial structure, the following inspections
shall be conducted, and every item shall comply with Borough standards
before an occupancy permit may be issued from the Code Enforcement
Officer:
[Amended by Ord. 2012-489, 6/13/2012]
(a)
Exterior:
1)
Gutters and downspouts.
3)
No broken windows.
4)
Interior and exterior guardrails for stairs and porches over
30 inches aboveground.
5)
Four inches maximum spacing.
6)
Guardrails must be 36 inches high on open porches and 34 inches
high on stairs.
7)
No tall grass and weeds.
8)
No accumulation of trash.
(b)
Electrical:
[Amended by Ord. 472, 12/9/2009]
1)
Proper grounding of panel box and outlets.
2)
No exposed or dangerous wiring.
3)
Missing covers on receptacle, switches and junction boxes.
4)
Labeling of breakers at panel.
5)
Open slots at panel box (sealed or capped).
6)
Switched lighting at stairways, top and bottom except basements.
7)
Outlets in all habitable rooms.
8)
Vent above stove.
9)
All one-hundred-twenty-five-volt, single-phase, fifteen- and
twenty-ampere receptacles installed in bathrooms shall have ground-fault
circuit-interrupter protection for personnel.
10)
All one-hundred-twenty-five-volt, single-phase,
fifteen- or twenty-ampere receptacles installed in garages and grade-level
portions of unfinished accessory buildings used for storage or work
areas shall have ground-fault circuit-interrupter protection for personnel.
11)
All one-hundred-twenty-five-volt, single-phase,
fifteen- and twenty-ampere receptacles installed outdoors shall have
ground-fault circuit-interrupter protection for personnel.
12)
Where a crawl space is at or below grade level,
all one-hundred-twenty-five-volt, single-phase, fifteen- and twenty-ampere
receptacles installed in such spaces shall have ground-fault circuit-interrupter
protection for personnel.
13)
All one-hundred-twenty-five-volt, single-phase,
fifteen- and twenty-ampere receptacles installed in unfinished basements
shall have ground-fault circuit-interrupter protection for personnel.
For purposes of this Section, unfinished basements are defined as
portions or areas of the basement not intended as habitable rooms
and limited to storage areas, work areas, and the like.
14)
All one-hundred-twenty-five-volt, single-phase,
fifteen- and twenty-ampere receptacles that serve countertop surfaces
shall have ground-fault circuit-interrupter protection for personnel.
15)
All one-hundred-twenty-five-volt, single-phase,
fifteen- and twenty-ampere receptacles that serve a countertop surface,
and are located within six feet (1,829 mm) of the outside edge of
a wet-bar sink shall have ground-fault circuit-interrupter protection
for personnel. Receptacle outlets shall not be installed in a face-up
position in the work surfaces or countertops.
16)
The outlet(s) that supplies a self-contained spa
or hot tub, or a packaged spa or hot tub equipment assembly, or a
field-assembled spa or hot tub with a heater load of 50 amperes or
less, shall be protected by a ground-fault circuit-interrupter.
17)
All pools shall have ground fault protection.
18)
Notwithstanding the above, when the existing wiring
is incompatible with installation of ground-fault circuit interruption
outlets, the existing wiring shall be certified with a notation on
the certificate that substandard wiring is present.
(c)
Fire protection and safety:
(d)
Plumbing and heating:
1)
Drip let on water heater relief valve (maximum of six inches
from floor with one-inch air gap off floor, rigid pipe only).
2)
Fix leaks in plumbing at faucets and taps.
3)
Properly functioning toilets.
4)
Heat to all habitable rooms.
5)
Proper ventilation for bathrooms (window or fan).
7)
Gutters, downspouts, sump pumps, floor drains, or any other
sources of stormwater inflow and infiltration may not be connected
to the public sewer system. In the event an unauthorized connection
is suspected, the Sewer Authority shall have access to the property
to conduct a dye test prior to issuance of a certificate of occupancy.
(2)
Any change in use of any structure or any change in occupancy of any residential or commercial structure shall require written notice to the Borough two weeks prior to any such change. The inspections required in Subsection D(1) above shall be required prior to any change in use of any structure or any change in occupancy of any residential or commercial structure. In addition, all electrical outlets shall be upgraded, including GFCI requirements, following the use and occupancy inspection and prior to any change.
[Amended by Ord. No. 2018-545, 6/13/2018]
E.
Re-Occupancy. In the case where a structure is deemed uninhabitable,
an inspection shall be required and an occupancy permit issued prior
to the re-occupancy of such structure.
[Added by Ord. No. 2018-545, 6/13/2018]
3.
Temporary Occupancy Permit.
[Added by Ord. 2012-489, 6/13/2012]
A.
Scope; Conditions. In situations where (1) an existing residential
dwelling or structure is being altered, rehabilitated and/or renovated,
or (2) a new residential dwelling or structure is being constructed
and all exterior on-lot work cannot be completed because of adverse
weather conditions or other compelling circumstances, a temporary
occupancy permit may be issued for the dwelling or structure, in the
sole discretion of the Code Enforcement Officer, subject to the satisfaction
of the following conditions:
[Amended by Ord. 2017-538, 8/9/2017]
(1)
The application for a temporary occupancy permit shall be in
writing on a form furnished by the Borough.
(2)
The portion or portions of the dwelling or structure to be occupied
shall be fully completed, fully habitable, with all life and safety
features completed and fully inspected, so that such portion or portions
for which the temporary occupancy permit is issued shall be occupied
safely.
(3)
All fees for the initial inspection for issuance of a temporary
occupancy permit shall be paid in full prior to the issuance of the
temporary occupancy permit.
(4)
All fees for the reinspection for issuance of a final occupancy
permit shall be paid in full prior to the issuance of the permanent
occupancy permit.
[Amended by Ord. No. 2019-561, 10/9/2019]
(5)
All incomplete work required to obtain a final occupancy permit
shall be completed within the time established in the temporary occupancy
permit or as extended by the Code Enforcement Official.
(6)
The applicant shall execute the temporary occupancy permit acknowledging
and identifying that the incomplete work listed on the temporary occupancy
permit is the applicant's responsibility or that of the lot owner/purchaser.
B.
Conditions for Resale of Property. In situations where a residential or nonresidential building or structure contains one or more code violations that are not substantial (as defined in § 27-802, Subsection 4A) and the property is being sold or transferred in "as is" condition, a temporary occupancy permit shall be issued for the building or structure by the Code Enforcement Officer, subject to the satisfaction of the following conditions:
[Added by Ord. 2017-538, 8/9/2017[1]]
(1)
The application for a temporary occupancy permit shall be in
writing on a form furnished by the Borough.
(2)
The portion or portions of the building or structure to be occupied
shall be fully completed, fully habitable, with all life and safety
features completed and fully inspected, so that such portion or portions
for which the temporary occupancy permit is issued shall be occupied
safely.
(3)
All fees for the initial inspection for issuance of a temporary
occupancy permit shall be paid in full prior to the issuance of the
temporary occupancy permit.
(4)
All fees for the re-inspection for issuance of a final occupancy
permit shall be paid in full prior to the re-inspection. Re-inspection
shall be requested by the owner prior to the expiration of the temporary
occupancy permit.
(5)
All incomplete work required to obtain a final occupancy permit
shall be completed within 12 months of the date of purchase of the
property, unless extended in writing by the Code Enforcement Officer.
No extension of time shall be granted unless the delay is due to circumstances
beyond the reasonable control of the owner, as determined by the Borough
in its sole discretion.
[Amended by Ord. No. 2020-571, 12/9/2020]
(6)
The owner shall execute the temporary occupancy permit acknowledging and identifying that the incomplete work listed on the temporary occupancy permit is the responsibility of the owner and that, should the owner fail to timely complete the work, the Borough may perform the work, file a municipal claim for repayment, and impose a fine against the owner as described in this § 27-802, Subsection 3.
[1]
Editor's Note: This ordinance also provided for the renumbering
of former Subsections B through D as Subsections C through E, respectively.
C.
Additional Conditions for New Construction. The following additional
conditions shall apply to issuance of a temporary occupancy permit
for new construction:
(1)
The driveway serving the dwelling or structure on the lot, as
applicable, must be completed to the stone base.
D.
Issuance.
(1)
An application for a temporary occupancy permit shall be granted
or denied by the Code Enforcement Officer within five days after the
application and all required supporting documents have been submitted
to the Borough.
(2)
A copy of the temporary occupancy permit shall be kept on the
premises and shall be displayed upon request made by any officer of
the Borough.
(3)
The issuance of a temporary occupancy permit is in no way a
municipal warranty that the building is habitable or that there is
no defect in the lot, building or other structure.
(4)
The permit applicant is responsible for obtaining all zoning
and construction permits required for the work to be performed, in
accordance with all applicable Borough codes and ordinances.
E.
Fees. The fee for a temporary occupancy permit shall be established
by the Borough Council, as amended by resolution from time to time.
F.
Failure to Complete Construction; Revocation; Extension Requests.
[Amended by Ord. 2017-538, 8/9/2017]
(1)
In the event the work to obtain a final occupancy permit is not completed within the time established in the temporary occupancy permit, or as extended by the Code Enforcement Officer, then, in that event, the applicant shall be deemed in violation and, except where the permit has automatically terminated pursuant to Subsection F(4) below, the Borough may immediately revoke the temporary occupancy permit.
(2)
The Code Enforcement Officer shall, in writing, suspend or revoke
a temporary occupancy permit whenever the certificate is issued in
error, or on the basis of incorrect information supplied, or where
it is determined that the residential dwelling or structure or portion
thereof is in violation of any ordinance, resolution or regulation
of the Borough.
(3)
Any extension of time requested by the applicant to complete
the work may be granted or denied in writing by the Code Enforcement
Officer in his or her sole discretion.
(4)
A temporary occupancy permit issued pursuant to § 27-802, Subsection 3B, shall automatically terminate and expire 12 months from the date of its issuance, unless extended in writing by the Code Enforcement Officer prior to its expiration.
(5)
In the event the owner does not complete the work, the Borough
may, at its discretion, proceed to perform such work and assess the
owner for the cost of the work that it performs, plus an additional
10% of such costs, together with all charges and expenses incurred
by the Borough, including attorneys' fees, and seek reimbursement
from the owner. The Borough may file a municipal claim therefor, collect
the same by action in assumpsit or seek reimbursement by any other
lawful means. In addition, the Borough may, at its discretion, impose
a fine against the owner of not less than $1,000 and not more than
$10,000 pursuant to 68 P.S. § 1083(b).
4.
Temporary Access Permit.
[Added by Ord. 2017-538, 8/9/2017[2]]
A.
Scope; Conditions. In the event an inspection report issued by the
Borough relating to the resale of property identifies one or more
substantial violations (as defined below), the Borough inspection
report shall note each substantial violation and a temporary access
permit shall be issued by the Code Enforcement Officer for the building
or structure, subject to the satisfaction of the following conditions:
(1)
The application for a temporary access permit shall be in writing
on a form furnished by the Borough.
(2)
No portion of the building or structure shall be occupied by
any person during the term of the temporary access permit.
(3)
The owner shall be permitted to store personal items on the
property, provided the personal items are related to the proposed
use or occupancy of the property or are needed to repair the substantial
violations.
(4)
All fees for the initial inspection for issuance of a temporary
access permit shall be paid in full prior to the issuance of the temporary
access permit.
(5)
All fees for the re-inspection of the property shall be paid
in full prior to the re-inspection. Re-inspection shall be requested
by the owner not more than 12 months from the date of issuance of
the temporary access permit.
(6)
The owner shall execute the temporary access permit acknowledging and identifying that the incomplete work listed on the temporary access permit is the responsibility of the owner and that, should the owner fail to timely complete the work, the Borough may perform the work, file a municipal claim for repayment, and impose a fine against the owner as described in this § 27-802, Subsection 4.
(7)
For purposes of this § 27-802, "substantial violation" shall be defined as a violation of an adopted building, housing, property maintenance or fire code or maintenance, health or safety nuisance ordinance that makes a building, structure or any part thereof unfit for human habitation (as hereinafter defined) and is discovered during the course of a Borough inspection of the property and disclosed to the record owner or prospective purchaser of the property through the issuance of a Borough inspection report.
(8)
For purposes of this § 27-802, "unfit for human habitation" shall be defined as a condition which renders a building or structure, or any part thereof, dangerous or injurious to the health, safety or physical welfare of an occupant or the occupants of neighboring dwellings. The condition may include substantial violations of a property that show evidence of: a significant increase to the hazards of fire or accident; inadequate sanitary facilities; vermin infestation; or a condition of disrepair, dilapidation or structural defects such that the cost of rehabilitation and repair would exceed 1/2 of the agreed-upon purchase price of the property.
B.
Issuance.
(1)
An application for a temporary access permit shall be granted
or denied by the Code Enforcement Officer within five days after the
application and all required supporting documents have been submitted
to the Borough.
(2)
A copy of the temporary access permit shall be kept on the premises
and shall be displayed upon request made by any officer of the Borough.
(3)
The permit applicant is responsible for obtaining all zoning
and construction permits required for the work to be performed, in
accordance with all applicable Borough codes and ordinances.
C.
Fees. The fee for a temporary access permit shall be established
by the Borough Council, as amended by resolution from time to time.
D.
Failure to Complete Construction; Revocation; Extension Requests.
(1)
All work required to obtain a final occupancy permit shall be
completed within 12 months of the issuance of the temporary access
permit. If re-inspection reveals at least one violation, but no substantial
violations, the Code Enforcement Officer shall issue a temporary occupancy
permit to be valid for the period of time remaining on the original
temporary access permit. If re-inspection reveals no violations, the
Code Enforcement Officer shall issue a final occupancy permit.
(2)
In the event a re-inspection conducted 12 months after the issuance
of the temporary access permit reveals one or more substantial violations
exist, the applicant shall be deemed in violation and the temporary
access permit shall automatically terminate and expire.
(3)
The Code Enforcement Officer shall, in writing, suspend or revoke
a temporary access permit whenever the certificate is issued in error
or on the basis of incorrect information supplied.
(4)
Any extension of time requested by the applicant to complete
the work may be granted or denied by the Code Enforcement Officer
in his or her sole discretion.
(5)
In the event the owner does not complete the work, the Borough
may, at its discretion, proceed to perform such work and assess the
owner for the cost of the work that it performs, plus an additional
10% of such costs, together with all charges and expenses incurred
by the Borough, including attorneys' fees, and seek reimbursement
from the owner. The Borough may file a municipal claim therefor, collect
the same by action in assumpsit or seek reimbursement by any other
lawful means. In addition, the Borough may, at its discretion, impose
a fine against the owner of not less than $1,000 and not more than
$10,000 pursuant to 68 P.S. § 1083(b).
[2]
Editor's Note: This ordinance also provided for the renumbering
of former Subsection 4 as Subsection 5.
5.
Certificate of Nonconforming Use or Structure.
[Amended by Ord. 2012-489, 6/13/2012]
A.
The owner of the premises occupied by a lawful nonconforming use
or structure may secure a certificate of nonconforming use or structure
from the Zoning Officer.
B.
Such certificate shall be authorized by the Zoning Officer and shall
certify to the owner his right to continue such nonconforming use
or structures.
[Ord. 300, 12/4/1984, § 8.3; as amended by Ord. 424,
5/12/2004, § I]
1.
For the administration of this Chapter, a Zoning Officer, who shall
not hold any elective office in the Borough, shall be appointed.
2.
The Zoning Officer shall meet the qualifications established by the
Borough and shall be able to demonstrate to the satisfaction of the
Borough a working knowledge of municipal zoning.
3.
The Zoning Officer shall administer this Chapter in accordance with
its literal terms and shall not have the power to permit any construction
or any use or change of use which does not conform to this Chapter.
4.
The Zoning Officer is hereby authorized to institute civil enforcement
proceedings as a means of enforcement when acting within the scope
of his employment.
5.
Duties and Powers. The provisions of this Chapter shall be enforced
by a Zoning Officer.
A.
The Zoning Officer shall:
(1)
Administer this Chapter in accordance with its literal terms.
(2)
Identify and register nonconforming uses and nonconforming structures.
(3)
Receive and examine all applications required under the terms
of this Chapter.
(4)
Issue or refuse permits within 15 days of the receipt of the
application, except as specifically provided for in this Chapter.
(5)
Receive complaints of violation of this Chapter.
(6)
Issue a written notice of violation to any person violating
any provision of this Chapter.
(7)
Keep records of applications, permits and certificates issued,
of variances granted by the Board, of complaints received, of inspections
made, of reports rendered and of notice or orders issued.
(8)
Make all required inspections and surveys and perform all other
duties as called for in this Chapter.
B.
The Zoning Officer shall not have the power to permit any construction,
use or change of use which does not conform to this Chapter.
[Ord. 300, 12/4/1984, § 8.4]
1.
There is hereby created for the Borough a Zoning Hearing Board in
accordance with the provisions of Article IX of the Pennsylvania Municipalities
Planning Code, 53 P.S. § 10901 et seq.
2.
The membership of the Board shall consist of three residents of the
Borough appointed by resolution by the Borough Council. The terms
of office shall be for three years and shall be so fixed that the
term of office of one member shall expire each year. The Board shall
promptly notify the Borough Council of any vacancies which occur.
Appointments to fill vacancies shall be only for the unexpired portion
of the term. Members of the Board shall hold no other office in the
Borough.
3.
Any Board member may be removed for malfeasance, misfeasance or nonfeasance
in office or for other just cause by a majority vote of the Borough
Council which appointed the member, taken after the member has received
15 days advance notice of the intent to take such a vote. A hearing
shall be held in connection with the vote if the member shall request
it in writing.
4.
The Board shall elect from its own membership its officers, who shall
serve annual terms as such and may succeed themselves. For the conduct
of any hearing and the taking of any action a quorum shall be not
less than a majority of all the members of the Board, but the Board
may appoint a hearing officer from its own membership to conduct any
hearing on its behalf and the parties may waive further action by
the Board as provided in this Chapter.
5.
The Board may make, alter and rescind rules and forms for its procedure,
consistent with ordinances of the Borough and laws of the Commonwealth.
The Board shall keep full public records of its business, which records
shall be the property of the Borough and shall submit a report of
its activities to the Borough Council as requested by the Borough
Council.
6.
Within the limits of funds appropriated by the Borough Council, the
Board may employ or contract for secretaries, clerks, legal counsel,
consultants and other technical and clerical services. Members of
the Board may receive compensation for the performance of their duties,
as may be fixed by the Borough Council, but in no case shall it exceed
the rate of compensation authorized to be paid to the members of the
Borough Council.
[Ord. 300, 12/4/1984, § 8.5; as amended by Ord. 441,
8/10/2005]
The Zoning Hearing Board shall conduct hearings and make decisions
in accordance with the following requirements:
A.
Public notice of the hearing shall be given in accordance with law
and written notice shall be given to the applicant, the Zoning Officer,
and to any person who has made a timely request for the same. Additionally,
written notices shall be sent to all property owners within 500 feet
of the property which is the subject of the zoning hearing. The applicant
is required to provide a list of property owners within 500 feet of
the subject property along with pre-addressed envelopes addressed
to all property owners within 500 feet of the subject property with
the Borough of Red Hill on the return address to be submitted with
the Zoning Hearing Board application. All envelopes must have first
class mail postage affixed to them. In addition to the aforesaid written
notices provided herein, written notice of the hearing shall also
be conspicuously posted on the affected tract of land at least one
week prior to the hearing.
B.
The hearing shall be held within 60 days from the date of the applicant's
request, unless the applicant has agreed in writing to an extension
of time.
C.
The hearings shall be conducted by the Board or the Board may appoint
any member as a hearing officer. The decision or, where no decision
is called for, the findings shall be made by the Board; however, the
appellant or the applicant, as the case may be, in addition to the
Borough may, prior to the decision of the hearing, waive decision
or findings by the Board and accept the decision or findings of the
hearing officer as final.
D.
The parties to the hearing shall be the Borough, any person affected
by the application who has made timely appearance of record before
the Board, and any other person including civic or community organizations
permitted to appear by the Board. The Board shall have power to require
that all persons who wish to be considered parties enter appearances
in writing on forms provided by the Board for that purpose.
E.
The Chairman or Acting Chairman of the Board or the Hearing Officer
presiding shall have power to administer oaths and issue subpoenas
to compel the attendance of witnesses and the production of relevant
documents and papers, including witnesses and documents requested
by the parties.
F.
The parties shall have the right to be represented by counsel and
shall be afforded the opportunity to respond and present evidence
and argument and cross-examine adverse witnesses on all relevant issues.
G.
Formal rules of evidence shall not apply, but irrelevant, immaterial
or unduly repetitious evidence may be excluded.
H.
The Board or the Hearing Officer, as the case may be, shall keep
a stenographic record of the proceedings. The appearance fee for a
stenographer shall be shared equally by the applicant and the Board.
The cost of the original transcript shall be paid by the Board if
the transcript is ordered by the Board or Hearing Officer or shall
be paid by the person appealing from the decision of the Board if
such appeal is made, and in either event the cost of additional copies
shall be paid by the person requesting such copy or copies. In other
cases the party requesting the original transcript shall bear the
cost thereof.
I.
The Board or the Hearing Officer shall not communicate, directly
or indirectly, with any party or his representatives in connection
with any issue involved except upon notice and opportunity for all
parties to participate, shall not take notice of any communication,
reports, staff memoranda or other materials, except advice from their
solicitor, unless the parties are afforded an opportunity to contest
the material so noticed and shall not inspect the site or its surroundings
after the commencement of hearings with any party or his representative
unless all parties are given an opportunity to be present.
J.
The Board or the Hearing Officer, as the case may be, shall render
a written decision or, when no decision is called for, make written
findings on the application within 45 days after the last hearing
before the Board or Hearing Officer. Where the application is contested
or denied, each decision shall be accompanied by findings of fact
and conclusions based thereon together with the reasons therefore.
Conclusions based on any provisions of this Chapter or of any law,
ordinance, rule or regulation shall contain a reference to the provision
relied on and the reasons why the conclusion is deemed appropriate
in the light of the facts found. If the hearing is conducted by a
hearing officer and there has been no stipulation that his decision
or findings are final, the Board shall make his report and recommendations
available to the parties within 45 days and the parties shall be entitled
to make written representations thereon to the Board prior to final
decision or entry of findings, and the Board's decision shall be entered
no later than 30 days after the report of the Hearing Officer. Where
the Board fails to render the decision within the period required
by this subsection or fails to hold the required hearing within 60
days from the date of the applicant's request for a hearing, the decision
shall be deemed to have been rendered in favor of the applicant unless
the applicant has agreed in writing or on the record to an extension
of time. When a decision has been rendered in favor of the applicant
because of the failure of the Board to meet or render a decision as
hereinabove provided, the Board shall give public notice of the said
decision within 10 days from the last day it could have met to render
a decision in the same manner as provided in subsection (A) of this
Section. If the Board shall fail to provide such notice, the applicant
may do so. Nothing in this subsection shall prejudice the right of
any party opposing the application to appeal the decision to a court
of competent jurisdiction.
K.
A copy of the final decision or, where no decision is called for,
of the findings shall be delivered to the applicant personally or
mailed to him not later than the day following its date. To all other
persons who have filed their name and address with the Board not later
than the last day of the hearing, the Board shall provide by mail
or otherwise, brief notice of the decision or findings and a statement
of the place at which the full decision or findings may be examined.
L.
The Borough Council shall establish, by resolution, fees with respect
to hearings before the Zoning Hearing Board.
1.
The Zoning Hearing Board shall have exclusive jurisdiction to hear
and render final adjudications in the following matters:
A.
Substantive challenges to the validity of any land use ordinance,
except those brought before the Borough Council pursuant to §§
609.1 and 916.1(a)(2) of the Pennsylvania Municipalities Planning
Code (hereinafter "MPC"), 53 P.S. §§ 10609.1, 10916.1.
B.
Challenges to the validity of a land use ordinance raising procedural
questions or alleged defects in the process of enactment or adoption,
which challenges shall be raised by an appeal taken within 30 days
after the effective date of said ordinance. Where the ordinance appealed
from is the initial zoning ordinance of the Borough and a Zoning Hearing
Board has not been previously established, the appeal raising procedural
questions shall be taken directly to court.
C.
Appeals from the determination of the Zoning Officer including, but
not limited to, the granting or denial of any permit, or failure to
act on the application therefore, the issuance of any cease and desist
order or the registration or refusal to register any nonconforming
use, structure or lot.
D.
Appeals from a determination by the Borough Engineer, the Floodplain
Administrator or the Zoning Officer with reference to the administration
of any floodplain or flood hazard ordinance or such provisions within
a land use ordinance.
[Amended by Ord. 2016-522, 3/22/2016]
E.
Applications for variances from the terms of this Chapter and floodplain
ordinance or such provisions within a land use ordinance, pursuant
to § 910.2 of the MPC, 53 P.S. § 10910.2.
[Amended by Ord. 2016-522, 3/22/2016]
F.
Applications for special exceptions under this Chapter or floodplain
or flood hazard ordinance or such provisions within a land use ordinance,
pursuant to § 912.1 of the MPC, 53 P.S. § 10912.1.
G.
Appeals from the determination of any officer or agency charged with
the administration of any transfer of development rights or performance
density provisions of this Chapter.
H.
Appeals from the Zoning Officer's determination under § 916.2
of the MPC, 53 P.S. § 10916.2.
I.
Appeals from the determination of the Zoning Officer or Borough 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
applications under Article V or VII of the MPC, 53 P.S. §§
10501 et seq., 10701 et seq.
2.
The Borough Council, shall have exclusive jurisdiction to hear and
render final adjudications in the following matters:
A.
All applications for approval of planned residential developments
under Article VII of the MPC pursuant to the provisions of §
702 of the MPC, 53 P.S. § 10702.
B.
All applications pursuant to § 508 of the MPC, 53 P.S. §
10508, for approval of subdivisions or land developments under Article
V of the MPC, 53 P.S. § 10501 et seq.
C.
Applications for conditional use under the express provisions of
this Chapter.
D.
Applications for curative amendment to this Chapter or pursuant to §§
609.1 and 916.1(a) of the MPC, 53 P.S. §§ 10609.1, 10916.1(a).
E.
All petitions for amendments to land use ordinances, pursuant to
the procedures set forth in § 609 of the MPC, 53 P.S. §
10609.
F.
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 insofar as the same relate to applications for land development
under Articles V and VII of the MPC, 53 P.S. §§ 10501 et
seq., 10701 et seq. Where such determination relates only to development
not involving an Article V or VII application, the appeal from such
determination of the Zoning Officer or the Borough Engineer shall
be to the Zoning Hearing Board pursuant to this Section. Where the
applicable land use ordinance vests jurisdiction for final administration
of subdivision and land development applications in the Planning Commission,
all appeals from determinations under this subsection shall be to
the Planning Commission and all appeals from the decision of the Planning
Commission shall be to court.
Appeals raising the substantive validity of any land use ordinance
(except those to be brought before the Borough Council pursuant to
the Pennsylvania Municipalities Code), procedural questions or alleged
defects in the process of enactment or adoption of a land use ordinance;
or from the determination of the Zoning Officer including, but not
limited to, the granting or denial of any permit, or failure to act
on the application therefor, the issuance of any cease and desist
order or the registration or refusal to register any nonconforming
use, structure or lot; from a determination by the Borough 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; from the determination of any officer or agency charged
with the administration of any transfer of development rights or performance
density provisions of this Chapter; from the determination of the
Zoning Officer or Borough 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 subdivision and land development
or planned residential development may be filed with the Zoning Hearing
Board in writing by the landowner affected, any officer or agency
of the Borough or any person aggrieved. Requests for a variance and
for special exception may be filed with the Board by any landowner
or any tenant with the permission of such landowner.
1.
No person shall be allowed to file any proceeding with the Zoning
Hearing Board later than 30 days after an application for development,
preliminary or final, has been approved by the Borough if such proceeding
is designed to secure reversal or to limit the approval in any manner
unless such person alleges and proves that he had no notice, knowledge
or reason to believe that such approval had been given. If such person
has succeeded to his interest after such approval, he shall be bound
by the knowledge of his predecessor in interest. The failure of anyone
other than the landowner to appeal from an adverse decision on a tentative
plan or from an adverse decision by the Zoning Officer on a challenge
to the validity of this Chapter or an amendment hereto or map or an
amendment thereto shall preclude an appeal from a final approval except
in the case where the final submission substantially deviates from
the approved tentative approval.
2.
All appeals from determinations adverse to the landowner shall be
filed by the landowner within 30 days after notice of the determination
is issued.
1.
Upon filing of any appeal proceeding before the Zoning Hearing Board
and during its pendency before the Board, all land development pursuant
to any challenged ordinance, order or approval of the Zoning Officer
or of any agency or body, and all official action thereunder, shall
be stayed unless the Zoning Officer or any other appropriate agency
or body certifies to the Board facts indicating that such stay would
cause imminent peril to life or property, in which case the development
or official action shall not be stayed otherwise than by a restraining
order, which may be granted by the Board or by the court having jurisdiction
of zoning appeals, on petition, after notice to the Zoning Officer
or other appropriate agency or body. When an application for development,
preliminary or final, has been duly approved and proceedings designed
to reverse or limit the approval are filed with the Board by persons
other than the applicant, the applicant may petition the court having
jurisdiction of zoning appeals to order such persons to post bond
as a condition to continuing the proceedings before the Board.
2.
After the petition is presented, the court shall hold a hearing to
determine if the filing of the appeal is frivolous. At the hearing,
evidence may be presented on the merits of the case. It shall be the
burden of the applicant for a bond to prove the appeal is frivolous.
After consideration of all evidence presented, if the court determines
that the appeal is frivolous, it shall grant the petition for a bond.
The right to petition the court to order the appellants to post bond
may be waived by the appellee, but such waiver may be revoked by him
if an appeal is taken from a final decision of the court.
3.
The question whether or not such petition should be granted and the
amount of the bond shall be within the sound discretion of the court.
An order denying a petition for bond shall be interlocutory. An order
directing the responding party to post a bond shall be interlocutory.
4.
If an appeal is taken by a respondent to the petition for a bond
from an order of the court dismissing a zoning appeal for refusal
to post a bond and the appellate court sustains the order of the court
below to post a bond, the respondent to the petition for a bond, upon
motion of the petitioner and after hearing in the court having jurisdiction
of zoning appeals, shall be liable for all reasonable costs, expenses
and attorney fees incurred by the petitioner.
1.
The Zoning Hearing Board shall hear requests for variances where
it is alleged that the provisions of this Chapter inflict unnecessary
hardship upon the applicant. The Board may, by rule, prescribe the
form of application and may require preliminary application to the
Zoning Officer. The Board may grant a variance; provided, that all
of the following findings are made where relevant in a given case:
A.
That there are unique physical circumstances or conditions, including
irregularity, narrowness or shallowness of lot size or shape, or exceptional
topographical or other physical conditions peculiar to the particular
property and that the unnecessary hardship is due to such conditions
and not the circumstances or conditions generally created by the provisions
of this Chapter in the neighborhood or district in which the property
is located.
B.
That because of such physical circumstances or conditions, there
is no possibility that the property can be developed in strict conformity
with the provisions of this Chapter and that the authorization of
a variance is therefore necessary to enable the reasonable use of
the property.
C.
That such unnecessary hardship has not been created by the applicant.
D.
That the variance, if authorized, will not alter the essential character
of the neighborhood or district in which the property is located,
nor substantially or permanently impair the appropriate use or development
of adjacent property, nor be detrimental to the public welfare.
E.
That the variance, if authorized, will represent the minimum variance
that will afford relief and will represent the least modification
possible of the regulation in issue.
2.
Procedure.
[Added by Ord. No. 2019-561,[1] 10/9/2019; amended by Ord. No. 2022-586, 12/14/2022]
A.
Prior to granting a variance request, the Zoning Hearing Board shall
submit the variance application and accompanying site plan to the
Borough Council for their review and comment.
B.
The Zoning Hearing Board shall forward one copy of the application
and site plan to the Borough Council within seven days of receiving
the submission.
C.
The Borough Council shall, within 30 days of receipt of the application
and site plan, review the plan to determine compliance with this Chapter
and each shall submit their written recommendations to the Zoning
Hearing Board.
D.
The Zoning Hearing Board shall consider any review received within
the thirty-day period. Failure of the Borough Council to submit written
recommendations within 30 days shall not prevent the Board from hearing
and deciding the request.
[1]
Editor's Note: This ordinance also renumbered former Subsection
2 as Subsection 3.
3.
In granting any variance, the Board may attach such reasonable conditions
and safeguards as it may deem necessary to implement the purposes
of this Chapter and the Pennsylvania Municipalities Planning Code,
53 P.S. § 10101 et seq.
Where the Borough Council, in this Chapter, has stated special
exceptions to be granted or denied by the Zoning Hearing Board pursuant
to express standards and criteria, the Board shall hear and decide
requests for such special exceptions in accordance with such standards
and criteria. In granting a special exception, the Board may attach
such reasonable conditions and safeguards, in addition to those expressed
in this Chapter, as it may deem necessary to implement the purposes
of this Chapter and the Pennsylvania Municipalities Planning Code,
53 P.S. § 10101 et seq.
Where the Borough Council, in this Chapter, has stated conditional
uses to be granted or denied by the Borough Council pursuant to express
standards and criteria, the Borough Council shall hold hearings on
and decide requests for such conditional uses in accordance with such
standards and criteria. In granting a conditional use, the Borough
Council may attach such reasonable conditions and safeguards, in addition
to those expressed in this Chapter, as it may deem necessary to implement
the purposes of this Chapter and the Pennsylvania Municipalities Planning
Code, 53 P.S. § 10101 et seq.
[Ord. 300, 12/4/1984, § 8.6]
1.
In General. All appeals for securing review of this Chapter or any
decision, determination or order of Borough Council, its agencies
or officers issued pursuant to this Chapter, shall be in conformance
with Article X of Act 247, as amended.
2.
Procedural Defects in Enactment. Questions of an alleged defect in
the process of enactment or adoption of this Chapter shall be raised
by an appeal taken directly from the action of Borough Council to
the court filed not later than 30 days from the effective date of
the Chapter or map.
[Ord. 300, 12/4/1984, § 8.7]
1.
The Borough Council may from time to time amend, supplement or repeal
any of the regulations and provisions of this Chapter. The procedure
for the preparation of a proposed zoning ordinance as set forth in §
607 of the Pennsylvania Municipalities Planning Code, 53 P.S. §
10607, is hereby declared optional.
2.
Before voting on the enactment of an amendment, the Borough Council
shall hold a public hearing thereon, pursuant to public notice. In
addition, if the proposed amendment involves a zoning map change,
notice of said public hearing shall be conspicuously posted by the
Borough at points deemed sufficient by the Borough along the perimeter
of the tract to notify potentially interested citizens. The affected
tract or area shall be posted at least one week prior to the date
of the hearing.
3.
In the case of an amendment other than that prepared by the Planning
Commission the Borough Council shall submit each such amendment to
the Planning Commission at least 30 days prior to the hearing on such
proposed amendment to provide the Planning Commission an opportunity
to submit recommendations.
4.
If, after any public hearing held upon an amendment, the proposed
amendment is changed substantially, or is revised 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.
5.
At least 30 days prior to the public hearing on the amendment by
the Borough Council, the Borough shall submit the proposed amendment
to the County planning agency for recommendations.
6.
Within 30 days after enactment, a copy of the amendment to this Chapter
shall be forwarded to the County planning agency.
[Ord. 300, 12/4/1984, § 8.8]
1.
A landowner who desires to challenge on substantive grounds the validity
of this Chapter or the zoning map, or any provision thereof, which
prohibits or restricts the use or development of land in which he
has an interest may submit a curative amendment to the Borough Council
with a written request that his challenge and proposed amendment be
heard and decided as provided in § 916.1 of the Pennsylvania
Municipalities Code (hereinafter "MPC"), 53 P.S. § 10916.1. The
curative amendment and challenge shall be referred to the Planning
Commission and the County planning agency as provided in § 609
and notice of the hearing thereon shall be given as provided in §§
610 and 916.1 of the MPC, 53 P.S. §§ 10609, 10610 and 10916.1.
2.
The hearing shall be conducted in accordance with § 908 of the
MPC, 53 P.S. § 10908, and all references therein to the Zoning
Hearing Board shall, for purposes of this Section, be references to
the Borough Council. If the Borough does not accept a landowner's
curative amendment brought in accordance with this subsection and
a court subsequently rules that the challenge has merit, the court's
decision shall not result in a declaration of invalidity for this
entire Chapter and zoning map, but only for those provisions which
specifically relate to the landowner's curative amendment and challenge.
3.
The Borough Council, if it determines that a validity challenge has
merit, may accept a landowner's curative amendment, with or without
revision, or may adopt an alternative amendment which will cure the
challenged defects. The Borough Council shall consider the curative
amendments, plans and explanatory material submitted by the landowner
and shall also consider:
A.
The impact of the proposal upon roads, sewer facilities, water supplies,
schools and other public service facilities.
B.
If the proposal is for a residential use, the impact of the proposal
upon regional housing needs and the effectiveness of the proposal
in providing housing units of a type actually available to and affordable
by classes of persons otherwise unlawfully excluded by the challenged
provisions of this Chapter or zoning map.
C.
The suitability of the site for the intensity of use proposed by
the site's soils, slopes, woodlands, wetlands, floodplains, aquifers,
natural resources and other natural features.
D.
The impact of the proposed use on the site's soils, slopes, woodlands,
wetlands, floodplains, natural resources and natural features, the
degree to which these are protected or destroyed, the tolerance of
the resources to development and any adverse environmental impacts.
E.
The impact of the proposal on the preservation of agriculture and
other land uses which are essential to public health and welfare.
1.
If the Borough determines that this Chapter, or any portion hereof,
is substantially invalid, it shall take the following actions:
A.
The Borough shall declare by formal action this Chapter or portions
hereof substantially invalid and propose to prepare a curative amendment
to overcome come such invalidity. Within 30 days of such declaration
and proposal the Borough Council shall:
2.
Within 180 days from the date of the declaration and proposal, the
Borough shall enact a curative amendment to validate or reaffirm the
validity of this Chapter pursuant to the provisions of § 609
of the Pennsylvania Municipalities Planning Code (hereinafter "MPC"),
53 P.S. § 10609, in order to cure the declared invalidity of
this Chapter.
3.
Upon the initiation of the procedures as set forth in subsection (1), above, the Borough Council shall not be required to entertain or consider any landowner's curative amendment filed under § 609.1 of the MPC, 53 P.S. § 10609.1, nor shall the Zoning Hearing Board be required to give a report requested under §§ 909.1 or 916.1 of the MPC, 53 P.S. §§ 10909.1, 10916.1, subsequent to the declaration and proposal based upon grounds identical or substantially similar to those specified by the resolution required by subsection (1)(A), above. Upon completion of the procedures set forth in subsections (1) and (2), above, no rights to a cure pursuant to the provisions of §§ 609.1 and 916.1 of the MPC, 53 P.S. §§ 10609.1, 10916.1, shall, from the date of the declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of this Chapter for which there has been a curative amendment pursuant to this Section.
4.
The Borough, having utilized the procedures set forth in this Section,
may not again utilize said procedure for a period of 36 months following
the date of enactment of a curative amendment, or reaffirmation of
the validity of this Chapter; provided, however, if after the date
of declaration and proposal there is a substantially new duty imposed
upon the Borough by virtue of a change in statute or by virtue of
a Pennsylvania appellate court decision, the Borough may utilize the
provisions of this Section to propose a curative amendment to this
Chapter to fulfill said duty or obligation.
[Ord. 300, 12/4/1984, § 8.9]
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.
In case any building, structure, landscaping or land is, or
is proposed to be, erected, constructed, reconstructed, altered, converted,
maintained or used in violation of this Chapter, the Borough Council
or, with the approval of the Borough Council, an officer of the Borough,
or any aggrieved owner or tenant of real property who shows that his
property or person will be substantially affected by the alleged violation,
in addition to other remedies, may institute any appropriate action
or proceeding to prevent, restrain, correct or abate such building,
structure, landscaping or land, or to prevent, in or about such premises,
any act, conduct, business or use constituting a violation. When any
such action is instituted by a landowner or tenant, notice of that
action shall be served upon the Borough at least 30 days prior to
the time the action is begun by serving a copy of the complaint on
the Borough Council. No such action may be maintained until such notice
has been given.
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 therefore 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 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 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 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.
4.
District justices shall have initial jurisdiction over proceedings
brought under this Section.
[Ord. 300, 12/4/1984; as added by Ord. 413, 11/13/2002, §
2]
1.
BOROUGH
UNFOUNDED REPORTING OF ZONING VIOLATIONS
Definitions. The following definitions shall apply to the interpretation
and enforcement of this Section:
Red Hill Borough.
Any report of an alleged zoning violation to a Borough official
necessitating investigation by the Red Hill Borough Code Enforcement
Officer and resulting in a finding that there is no indication of
a zoning violation as alleged by the person or entity reporting the
alleged violation.
2.
It shall be unlawful for any person or entity to make three or more
unfounded reports to any Borough official alleging zoning violations
in a consecutive twenty-four-month period.
3.
Any person or entity causing or permitting three or more reports
of unfounded zoning violations to a Borough official in a consecutive
twenty-four-month period violates this Section and shall, upon presentation
by Borough, pay all costs and expenses associated with the investigation
by the Code Enforcement Officer for the third and all subsequent unfounded
reports of zoning violations. A person or entity who fails to pay
the aforesaid expenses within 30 days from the date they are notified
shall, upon conviction, be sentence to pay all costs incurred by Borough
for the third and subsequent unfounded reports of zoning violations
in a twenty-four-month consecutive period and a fine not in excess
of $300. All violators shall be served by way of certified mail.
[Added by Ord. No. 2018-544, 3/14/2018]
1.
Prior to submitting a formal application for a zoning permit to the
Zoning Officer, a landowner, equitable owner or other interested party
may elect to submit plans and related materials describing the proposed
use or development of the property to the Zoning Officer for an informal
nonbinding advisory opinion as to their compliance with the requirements
of this Chapter. Such plans and related materials shall not be required
to meet the standards prescribed for the issuance of a zoning permit
or building permit so long as they provide reasonable notice of the
proposed use or development and a sufficient basis for an advisory
opinion as to their compliance.
2.
The Zoning Officer may elect to have one or more Borough consultants,
including, without limitation, the Borough Engineer, the Borough Planner,
the Borough Traffic Engineer and/or the Borough Solicitor, review
the plans and related materials submitted to the Zoning Officer for
purposes of obtaining an informal nonbinding advisory opinion as to
what zoning relief, if any, is required to comply with the requirements
of this Chapter.
3.
When electing to obtain an advisory opinion, the landowner, equitable
owner or other interested party shall pay a review fee to the Borough
in accordance with a fee schedule adopted and revised from time to
time by resolution of the Borough Council. In addition thereto, the
landowner, equitable owner or other interested party shall enter into
a professional services agreement and deposit with the Borough sufficient
funds, as determined by the Borough, to pay all required engineering,
legal or other review fees for the Borough consultants selected by
the Zoning Officer to review the plans and related materials submitted
for review.
4.
A new review fee shall be paid for each resubmission of plans and
related materials. The Borough consultant(s) selected by the Zoning
Officer to review resubmissions, if applicable, shall be reimbursed
in accordance with the Borough's fee schedule. If at any time the
charges then made against the deposit for consultant review shall
render the balance insufficient to ensure payment of all expenses
that may accrue in completing the review, the Borough shall obtain
from the landowner, equitable owner or other interested party additional
deposits, in such amount as is determined by the Borough, to assure
adequate funds to pay such expenses as they may accrue. The failure
of the Borough to require and obtain additional deposits from time
to time shall not relieve the landowner, equitable owner or other
interested party from liability for expenses in excess of deposits.
5.
Any advisory opinion or recommendations issued by the Zoning Officer
and/or the Borough consultant(s) shall be for discussion purposes
and informal input only and shall not be binding on the Borough. No
official action shall be taken when issuing an advisory opinion unless
and until a formal application and plans are submitted for formal
review in compliance with the application and review procedures of
this Chapter.
6.
A formal application to the Zoning Officer or the Borough shall not
be considered complete and pending, and no action shall be taken on
any such application, until all applicable fees and expenses of the
Zoning Officer and/or the Borough consultant(s) for advisory opinions
have been paid in full.
