[Ord. 725-04, 11/8/2004]
2.
Duties and Powers of Zoning Officers.
A.
It shall be the duty of the Zoning Officer to enforce literally the
provisions of this Chapter and amendments, and he/she shall have such
duties and power as are conferred on him by this Chapter and as are
reasonably implied for that purpose. The Zoning Officer's duties
shall include, but are not limited to, the following:
(1)
Receive applications for and issue zoning permits and sign permits
as permitted by the terms of this Chapter.
(2)
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.
(3)
Make inspections as required to fulfill his/her duties.
(4)
Issue permits for special exception uses or for variances only
after such uses and/or buildings have been approved by the Zoning
Hearing Board in accordance with the regulations of this Chapter.
(5)
Be responsible for keeping this Chapter and the Official Zoning
Map up-to-date so as to include all amendments thereto.
(6)
Issue certificates of use and occupancy in accordance with the
term of this Chapter.
(8)
Inform all permit applicant of possible development restraints.
[Ord. 725-04, 11/8/2004]
1.
If it appears to the Zoning Officer that a violation of this Chapter
has occurred, the Borough Secretary 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, party in violation of
Chapter, and to any person who has filed a written request to receive
enforcement notices regarding that parcel and to any other person
requested in writing by the owner of record.
3.
An enforcement notice shall state at least the following:
A.
The name of the owner of record and any other person against whom
the Borough intends to take action.
B.
The location of the property in violation.
C.
The specific violation with a description of the requirements, which
have not been met, citing in each instance the applicable provisions
of this Chapter.
D.
The date before which the steps for compliance must be commenced
and the date before which the steps must be completed.
E.
That the recipient of the notice has the right to appeal to the Zoning
Hearing Board within a period of 10 days.
F.
That failure to comply with the notice within the time specified,
unless extended by appeal to the Zoning Hearing Board, constitutes
a violation, with possible sanctions clearly described.
[Ord. 725-04, 11/8/2004]
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, the Zoning Officer,
or any aggrieved owner or tenant or 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.
[Ord. 725-04, 11/8/2004]
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.
A.
No judgment shall commence or be imposed, levied or payable until
the date of the determination of a violation by the magisterial district
judge.
B.
If the defendant neither pays not timely appeals the judgment, the
Borough may enforce the judgment pursuant to the applicable rules
of civil procedure.
C.
Each day that a violation continues shall constitute a separate violation,
unless the magisterial district judge determines that there has been
a violation and further determines that there was a good faith basis
for the person, partnership or corporation violating this Chapter
to have believed that there was no such violation, in which event
there shall be deemed to have been only one such violation until the
fifth day following the date of the determination of a violation by
the magisterial district judge and thereafter each day that a violation
continues shall constitute a separate violation.
2.
The Court of Common Pleas, upon petition, may grant an order of stay,
upon cause shown, tolling the per diem 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.
Magisterial district judges shall have initial jurisdiction over
proceedings brought under this Section.
[Ord. 725-04, 11/8/2004]
No building, structure or sign shall be erected, constructed,
moved, added to or structurally altered, nor shall land be put to
any use without a permit therefore, issued by the Zoning Officer.
No such permit shall be issued except in conformity with the provisions
of this Chapter or upon written order from the Zoning Hearing Board
in the form of a special exception, variance or as otherwise provided
for by this Chapter, any applicable laws or any court of competent
jurisdiction.
A.
Form of Application. All applications shall be made in writing and
shall be accompanied by two sets of plans showing at least the following
information:
(1)
Actual dimensions and shape of the lot to be built upon.
(2)
The exact size and location on the lot of buildings, structures
or signs existing and/or proposed extensions thereto and/or to be
constructed thereon.
(3)
The number of dwelling units, if any, to be provided.
(4)
Parking spaces provided and/or loading facilities.
(5)
Statement indicating the existing or proposed use.
(6)
In the case of new construction, additions or replacement, the
height of structures, buildings or signs.
(7)
All other information necessary for such Zoning Officer to determine
conformance with and provide for enforcement of this Chapter.
(8)
One copy of the plans shall be returned to the applicant by
the Zoning Officer after he shall have marked such copies either as
approved or disapproved and attested to same by his signature on such
copy.
(9)
One copy of all such plans shall be retained by the Zoning Officer
for his permanent records.
B.
Expiration of Zoning Permit. Zoning permit shall expire within six
months from the date of issuance if work described in any permit has
not begun.
(1)
If work described in any zoning permit has begun within the
six-month period, said permit shall expire after two years form the
date of issuance thereof.
[Ord. 725-04, 11/8/2004]
A certificate of use and occupancy shall be required upon the
completion of the work for which a zoning permit was issued.
A.
It shall be unlawful to use and/or occupy any structure, building
and/or land or portions thereof in any manner until a certificate
of use and occupancy has been issued.
B.
Form of Application. The application for certificate of use and occupancy
shall be submitted in such form as the Zoning Officer may prescribe.
C.
Issuance of Certificate of Use and Occupancy.
(1)
The Zoning Officer shall inspect any structure, building, sign
and/or land or portions thereof and shall determine the conformity
therewith. If he/she is satisfied that the completed work is in conformity
with this Chapter and with the work listed in the zoning permit, he/she
shall issue a certificate of use and occupancy.
(2)
Certificate of use and occupancy shall be granted or refused
in writing within 10 days from the date of application and submission
of all documentation required by the Zoning Officer.
(3)
In zones in which performance standards are imposed, no certificate
of occupancy shall become permanent until 30 days after the facility
is fully operating and when, upon re-inspection by the Zoning Officer,
it is determined that the facility is in compliance with all performance
standards.
[Ord. 725-04, 11/8/2004]
The Borough Council shall establish, by resolution, a schedule
of fees, charges and expenses and collection procedures for zoning
permits, certificates of use and occupancy, special, variances and
appeals and other matters pertaining to this Subsection. The schedule
of fees shall be available for inspection in the office of the Zoning
Officer and may be altered or amended by the Borough Council by resolution.
Until all application fees, charges and expenses have been paid in
full, no action shall be taken on any application or appeal.
[Ord. 725-04, 11/8/2004]
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.
A.
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.
(1)
The affected tract or area shall be posted at least one week
prior to the date of the hearing.
B.
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.
C.
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.
D.
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.
E.
Within 30 days after enactment, a copy of the amendment to this Chapter
shall be forwarded to the County Planning Agency.
[Ord. 725-04, 11/8/2004]
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/she 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.
A.
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.
(1)
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.
B.
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:
(1)
The impact of the proposal upon roads, sewer facilities, water
supplies, schools and other public service facilities.
(2)
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.
(3)
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.
(4)
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.
(5)
The impact of the proposal on the preservation of agricultural
and other land uses which are essential to public health and welfare.
[Ord. 725-04, 11/8/2004]
1.
Where the Borough Council, in the zoning ordinance, has stated conditional
uses to be granted 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 the ordinance, as it may deem necessary to implement
the purposes of Pennsylvania Municipalities Planning Code (MPC) in
the zoning ordinance.
2.
Four copies of an application for permission to conduct a use permitted
by condition shall be submitted to the Borough Secretary. Such application
shall include all information specified for a zoning permit application
and any other information necessary to allow the Borough Council to
determine that all requirements of this Chapter have been met. The
applicant shall be responsible for all pertinent costs incurred for
the review of the application.
3.
After receiving an application, the Borough Council shall refer one
copy of the application to the Borough Planning Commission for its
review and one copy to the Borough Zoning Officer for his review.
4.
The application shall be reviewed at one or more advertised meetings
of the Borough Council.
5.
Conditional uses shall meet the specific standard established for
each use by this Chapter and all other applicable; zoning district
requirements and general regulations established by this Chapter.
In addition, the following standards shall be met:
A.
The use shall be one which is specifically authorized as a conditional
use in the zoning district wherein the applicant is seeking a conditional
use.
B.
The use conforms with the goals, objectives and policies of the Borough
Comprehensive Plan.
C.
The use conforms with the spirit, purposes and intent of all other
applicable provisions of all other Borough ordinances.
D.
The use conforms with all pertinent State and Federal laws, regulations
and requirements.
E.
Services and utilities shall be made available to adequately service
the proposed use.
F.
The use will not generate traffic such that hazardous or unduly congested
conditions will result.
G.
The use is appropriate to the site in question.
H.
The use shall not adversely affect the character of the general neighborhood,
nor the health and safety of residents or workers on adjacent properties
and in the general neighborhood.
6.
The Borough Council shall render a written decision or, when no decision
is called for, make written findings on the conditional use application
within 45 days after the last hearing before the Borough Council.
7.
Where the application is contested or denied, each decision shall
be accompanied by findings of fact or conclusions based thereon, together
with any reasons therefore. Conclusions based on any provisions of
the MPC, or of any ordinance, rule or regulation shall contain a reference
to the provision relied on the reasons why the conclusion is deemed
appropriate in the light of the facts found.
8.
Where the Borough Council fails to render the decision within the
required time period or fails to hold the required hearing within
60 days from the date of the applicant's request for a hearing,
or fails to complete the hearing no later than 100 days after the
completion of the applicant's case, unless extended for good
cause upon application to the court of common pleas, 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 failure of the Borough Council to meet or render a decision
as hereinabove provided, the Borough Council shall give public notice
of the decision within 10 days form the last day it could have met
to render a decision in the same manner as required by the public
notice requirements of the MPC. If the Borough Council shall fail
to provide such notice, the applicant may do so.
9.
Nothing in this Subsection shall prejudice the right of any party
opposing the applicant to appeal the decision to a court of competent
jurisdiction. A copy of the final decision or, where no decision is
called for, of the finds shall be delivered to the applicant personally
or mailed no later than the day following its date.
10.
The granting of permission to conduct a use permitted by condition
does not exempt an applicant from acquiring all approvals required
by the Borough's subdivision and land development ordinance.
11.
The approval of a conditional use if authorized by the Borough Council,
which anticipates construction or modification of a structure, creation
of new or revised lot lines of dimensional standards for a property
or structure situated thereon, shall be valid and remain in effect
for a term of one year from the date of said approval and shall thereafter
expire and be void, unless said construction, modification, new or
revised lot lines or dimensional standards or change of use or occupancy
be initiated within said one-year term or said term is expressly extended
as part of the initial approval. In the event that the activity as
may be expressed in the approval or should the activity which is the
subject of the conditional use be discontinued, the premises or structure
or structure situated thereon shall not thereafter be used except
in conformity with the regulations of the district in which it is
located.
12.
When application for a conditional use has been filed with the Borough
Council and the subject matter of such application would ultimately
constitute either a land development or a subdivision, no change or
amendment of the zoning, subdivision and land development of other
governing ordinance or plans shall affect the decision on such application
adversely to the applicant and the applicant shall be entitled to
a decision in accordance with the provisions of the governing ordinances
or plans as they stood at the time the application was duly filed.
Provided, further should such an application be approved by the Borough
Council, the applicant shall be entitled to proceed with the submission
of either land development or subdivision plans within a period of
six months or longer as may be approved by the Borough Council following
the date of such approval in accordance with the provisions of the
governing ordinances or plans as they stood at the time the application
was duly filed with the Borough Council. If either a land development
or subdivision plan is so filed within said period, such plan shall
be subject to the provisions of § 508 of the MPC, and the
time limitations thereof shall commence as of the date of filing of
such land development or subdivision plan.
