For the purposes of administering and enforcing this chapter, a Zoning Officer shall be appointed by the Borough Council. The appointment of a Zoning Officer is generally governed by Section 614 of Act 247.[1] The Zoning Officer shall hold no elective office in the Borough and shall demonstrate to the satisfaction of the Borough Council a working knowledge of municipal zoning, and shall meet such other qualifications as the Borough Council deems necessary for the effective implementation of the provisions of this chapter. The Zoning Officer may be compensated for his work and shall have the duties specified in § 300-137 herein.
[1]
Editor's Note: See 53 P.S. § 10614.
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 the provisions herein. He shall have such duties and powers as are conferred on him by this chapter and as reasonably implied for those purposes. In addition, the Zoning Officer shall:
A. 
Receive and evaluate applications for permits, certificates, variances, conditional uses, appeals and other applications within the terms of this chapter;
B. 
Prescribe the form of all applications, permits and certificates required under the terms of this chapter;
C. 
Issue permits for the construction, alteration or erection of all buildings or structures which are in accord with the requirements of this chapter, within 30 days after receipt of a complete application for such a permit. In cases of applications for a conditional use, special exception, or a variance, permits shall be issued only upon written order of the appropriate approving agency. It shall be the responsibility of the Zoning Officer to process requests for hearings before the Zoning Hearing Board or the Borough Council, as appropriate;
D. 
Deny applications for permits which do not meet the requirements of this chapter, within 30 days following receipt of such application. Said denial shall be in writing and shall state the reasons for such action;
E. 
Examine land, buildings, and structures to determine their consistency with the Zoning Ordinance at the time of filing an application, during the work and upon completion of the work. Inspections to enforce the provisions of this chapter shall be made at a reasonable hour and upon presentation of proper credentials;
F. 
Issue or deny requests for certificates of occupancy within 10 days after final inspection of the activity. A denial shall be in writing and shall state the reasons for such action;
G. 
Issue written enforcement notices as specified in § 300-142 of this chapter where it appears that there has been a violation, and to institute civil enforcement proceedings with the District Justice having jurisdiction on behalf of the Borough as a means of enforcing the zoning regulations;
H. 
Review the application for the permit to determine if all other necessary government permits required by state and federal laws have been obtained, such as those required by the Pennsylvania Sewage Facilities Act (Act 1966-537, as amended);[1] the Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended);[2] the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[3] and the U.S. Clean Water Act, Section 404, 33 U.S.C. § 1344. No permit shall be issued until this determination has been made.
(1) 
No encroachment, alteration, or improvement of any kind shall be made to any watercourse until all adjacent municipalities which may be affected by such action have been notified by the Borough, and until all required permits or approvals have been first obtained from the Department of Environmental Protection, Bureau of Dams, Waterways and Wetlands.
(2) 
In addition, the Federal Insurance Administrator and Pennsylvania Department of Community and Economic Development, Bureau of Community Planning, shall be notified by the Borough prior to any alteration or relocation of any watercourse.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
[2]
Editor's Note: See 32 P.S. § 693.1 et seq.
[3]
Editor's Note: See 35 P.S. § 691.1 et seq.
I. 
Keep and maintain a permanent and public record and file of all activities undertaken by him in the performance of his official duties, including file copies of all applications received, permits issued, placards distributed, inspections and reports made in connection with any structure, dwelling, sign or land;
J. 
Issue preliminary opinions (in accord with Section 916.2 of the Pennsylvania Municipalities Planning Code)[4] regarding a landowner's proposed use or project complies with applicable ordinances and maps based on plans and other materials submitted by the landowner, and if such opinion is favorable, to publish notice thereof once each week for two successive weeks in a newspaper of general circulation in the area. Such notice shall include a general description of the proposed use or development, its location, and the places and times where the plans and other materials may be examined;
[4]
Editor's Note: See 53 P.S. § 10916.2.
K. 
Be responsible for maintaining and updating the Official Zoning Map with respect to any amendments thereto; and
L. 
Identify and register nonconforming premises in accord with the nonconforming regulations of Article XVI.
Persons desiring to undertake the construction, alteration, or to change the use of any structure or lot shall apply to the Zoning Officer for a zoning permit by filing the appropriate form and by submitting the required fee. The Zoning Officer will then either issue or refuse the permit or refer the application to the Zoning Hearing Board or the Borough Council, as appropriate. After the zoning permit has been issued to the applicant, he may proceed to undertake the action allowed by the permit. Upon completion of such action, the applicant shall apply to the Zoning Officer for an occupancy permit, if applicable. If the Zoning Officer finds that the action of the applicant has been in accordance with the permit and the provisions of this chapter and other applicable laws and regulations, the Zoning Officer may then issue an occupancy permit allowing the premises to be occupied and used.
A. 
Classes of zoning permits. Under the terms of this chapter, the following classes of zoning permits may be issued:
(1) 
Permitted use. Issued by the Zoning Officer on the authority granted herein;
(2) 
Conditional use. Issued by the Zoning Officer after review by the Planning Agency and upon the order of the Borough Council;
(3) 
Permit on appeal or variance. Issued by the Zoning Officer upon the order of and following review and hearing by the Zoning Hearing Board.
B. 
Requirement for zoning permits.
(1) 
A zoning permit shall be required prior to the erection, construction, addition, or alteration of any building or structure or portion thereof; prior to the use or change in use of a building, structure or land; prior to the erection or alteration of signs, except as specified in Article XIII; prior to the change or extension of a nonconforming use; or prior to development in any Floodplain District; except as listed below. It shall be unlawful for any person to commence work for the erection or alteration of any building or structure, or for a change in land use, until a zoning permit has been duly issued therefor. In some instances, additional permits may also be needed to be obtained prior to beginning construction work or alterations.
(2) 
Exemptions. Zoning permits shall not be required for any of the following activities, except when proposed in a Floodplain District:
(a) 
Interior alterations when there is no increase in ground floor exterior dimension and no change in use;
(b) 
Exterior or interior maintenance and repair to existing buildings or structures; including siding, roofing, painting, storm windows, and similar activities;
(c) 
Cultivation of crops;
(d) 
Landscaping including the erection of land terraces, steps or other similar features; or
(e) 
Placement or location of utility distribution lines.
(3) 
Property improvement permits.
[Added 6-12-2017 by Ord. No. 2017-03]
(a) 
A property improvement permit is required for any work performed with the exception of painting, wallpapering, floor covering, landscaping, cabinet hardware, door hardware, window dressing hardware, kitchen appliances, washer, dryer, sinks, toilets, faucets, replacement of switches, receptacle, lighting fixtures rated at 20 amps or less, driveway maintenance and any other projects covered under Subsection B below.
(b) 
Specifically excluded as requiring a property improvement permit would be any work requiring oversight, inspection or approval through the Uniform Construction Code and the like, as such activity would be covered under building code/Uniform Construction Code requirements.
C. 
Application.
(1) 
Each request for a zoning permit shall be made by completing the appropriate application form obtained from the Zoning Officer and submitting it, along with the required fee, to the Borough. Application for a permit shall be made by the owner or lessee of any building or structure, or the agent of either; provided, however, that if the application is made by a person other than the owner, it shall be accompanied by a written authorization from the owner. The full names and addresses of the owner, lessee, applicant or other responsible party shall be stated in the application.
(2) 
The Zoning Officer shall have 30 days after receipt of a completed application to issue or deny the permit. A denial shall be in writing and shall state the reason(s) for such action.
D. 
Plan requirements.
(1) 
All applications for zoning permits shall be accompanied by plans, in duplicate, drawn to scale, showing the actual shape and dimensions of the lot, the exact size and location of any building existing on the lot, the lines within which the proposed building or structure shall be erected or altered, the existing and intended use of each building or part of a building, the number of families or dwelling units the building is designed to accommodate and such other information as may be necessary to determine compliance with this chapter and all other pertinent regulations, including building floor plans, as may be appropriate. No application shall be considered complete until all necessary documents have been filed and all fees have been paid to the Borough.
(2) 
One copy of the plans will be returned to the applicant when such plans have been approved by the Zoning Officer. All application and accompanying plans and documents shall become a matter of public record once a permit has been either issued or denied.
E. 
Proof of compliance. It shall be the responsibility of the applicant in all cases to furnish adequate information and to certify that the proposed use will comply with all requirements of this chapter and all other applicable federal, state or local regulations. Included in the information shall be a copy of a sewage permit when one is required. Also, if the PA Department of Labor and Industry, the Department of Transportation, or other regulatory agency requirements apply, the applicant shall supply evidence which shows that these regulations have been met.
F. 
Changes. After the issuance of a zoning permit by the Zoning Officer, no changes of any kind shall be made to the application, permit or any of the plans, specifications or other documents submitted with the application without the written consent or approval of the Zoning Officer. Requests for any such change shall be in writing, and shall be submitted by the applicant to the Zoning Officer for consideration.
G. 
Permit and permit placard. In addition to the zoning permits, the Zoning Officer shall issue a permit placard which shall be displayed or posted on the premises during the construction time period. The permit placard shall remain on display until completion of the project and final inspection has been made by the Zoning Officer. Said placard shall bear the permit number, date of issuance, and the signature of the Zoning Officer.
H. 
Time limitations. An application for a permit for any proposed work shall be deemed to have been abandoned six months after the date of filing unless such application has been diligently pursued or a permit shall have been issued. Reasonable extensions of time not exceeding 90 days may be granted at the discretion of the Zoning Officer.
I. 
Expiration of permit. If the work approved by issuance of any zoning permit has not begun within one year from the date of issuance, said permit shall expire. One extension of up to six months may be granted at the discretion of the Zoning Officer if requested in writing showing good cause by the applicant. If the work approved by issuance of any zoning permit has not been completed within three years from the date of issuance, said permit shall expire. Further work on the premises shall not continue until a new zoning permit has been obtained.
J. 
Inspections. During the construction period, the Zoning Officer shall inspect the premises to determine that the work is progressing in compliance with the information provided on the permit application and with all other applicable Borough laws. He shall make as many inspections as necessary to determine compliance.
K. 
Revocation of permit. The Zoning Officer may revoke a zoning permit at any time if it appears that the application or accompanying plan is in any material respect false or misleading or that work being done upon the premises differs materially from that called for in the application. In such cases, the person holding the permit shall immediately surrender it to the Zoning Officer.
L. 
Temporary use permits. It is recognized that from time to time it may contribute to the welfare of the Borough and its residents to allow the occupancy of land or structure for a temporary time period by a use other than those normally permitted. In this case, the Zoning Officer may approve such a temporary use, and issue a temporary use permit for the time period not to exceed one year, and under the conditions that will enhance the public health, safety and welfare.
M. 
Occupancy permits. Prior to the use or occupancy of any land or building for which a zoning permit is required or to any change of use of any existing structure or land, an occupancy permit shall be secured from the Zoning Officer. A copy of the occupancy permit shall be kept on the premises and shall be shown to any officer of the Borough upon request. All applications for occupancy permits shall be in writing.
A. 
If any proposed construction or development is located entirely or partially within any identified floodplain area, applicants for zoning permits shall provide all the necessary information in sufficient detail and clarity to enable the Zoning Officer to determine that:
(1) 
All such proposals are consistent with the need to minimize flood damage and conform with the requirements of this and all other applicable codes and ordinances;
(2) 
All utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damage; and
(3) 
Adequate drainage is provided so as to reduce exposure to flood hazards.
B. 
In addition to the filing of the application for zoning permit, applicants shall file the following minimum information plus any other pertinent information (i.e., any or all of the technical information contained in § 300-88) as may be required by the Zoning Officer to make the above determination:
(1) 
A plan of the entire site, clearly and legibly drawn at a scale of one inch being equal to 100 feet or less, showing the following:
(a) 
North arrow, scale, and date;
(b) 
Topographic contour lines, if applicable;
(c) 
All property and lot lines including dimensions, and the size of the site expressed in acres or square feet;
(d) 
The location of all existing and proposed buildings, structures and other improvements, including the location of any existing or proposed subdivision and land development;
(e) 
The location of all existing streets, drives, and other accessways; and
(f) 
The location of any existing bodies of water or watercourses, identified floodplain areas, and if available, information pertaining to the floodway, and the flow of water, including direction and velocities.
(2) 
Plans of all proposed buildings, structures and other improvements, drawn at suitable scale showing the following:
(a) 
The proposed lowest floor elevation of any proposed building based upon North American Vertical Datum of 1988;
(b) 
The elevation of the one-hundred-year flood;
(c) 
If available, information concerning; flood depths, pressures, velocities, impact and uplift forces and other factors associated with a one-hundred-year flood; and
(d) 
Detailed information concerning any proposed floodproofing measures.
(3) 
The following data and documentation:
(a) 
A document, certified by a licensed registered professional engineer or architect, which states that the proposed construction or development has been adequately designed to withstand the pressures, velocities, impact and uplift forces associated with the one-hundred-year flood.
(b) 
Such statements shall include a description of the type and extent of floodproofing measures which have been incorporated into the design of the structure and/or the development.
(c) 
Detailed information needed to determine compliance with § 300-88C(6), Storage, and § 300-88D, Development which may endanger human life, including:
[1] 
The amount, location and purpose of any materials or substances referred to in § 300-88C(6) and D which are intended to be used, produced, stored or otherwise maintained on site.
[2] 
A description of the safeguards incorporated into the design of the proposed structure to prevent leaks or spills of the dangerous materials or substances listed in § 300-88D during a one-hundred-year flood.
(d) 
The appropriate component of the Department of Environmental Protection's "Planning Module for Land Development."
(e) 
Where any excavation or grading is proposed, a plan meeting the requirements of the Department of Environmental Protection to implement and maintain erosion and sedimentation control.
C. 
Review of application by others. A copy of all plans and applications for any proposed construction or development in any identified floodplain area to be considered for approval may be submitted by the Zoning Officer to any other appropriate agencies and/or individuals (e.g., planning commission, municipal engineer, etc.) for review and comment.
Failure to secure a zoning permit when required hereunder, failure to secure a certificate of occupancy, or failure to carry out the provisions of this chapter, shall be considered a violation of this chapter.
If it appears to the Zoning Officer that a violation of the zoning ordinance has occurred, the Zoning Officer, on behalf of the municipality, shall give notice of such alleged violation sending an enforcement notice stating at least the following:
A. 
The name of the owner of record and any other person against whom the municipality 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 the chapter, and what action is necessary to come into compliance with the Zoning Ordinance.
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 prescribed period of time in accordance with procedures set forth in the chapter.
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 any ordinance enacted under this act or prior enabling laws, the Borough Council, or with the approval of the Borough Council, an officer of the municipality, 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 municipality 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.
A. 
District Justices shall have initial jurisdiction over proceedings brought under Subsection B.
B. 
Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this Zoning Ordinance shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Borough, pay a fine/judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Borough as a result thereof. If the defendant neither pays nor timely appeals the fine/judgment, the Borough may enforce the fine/judgment. Each day that a violation continues shall constitute a separate violation. All judgements, costs and reasonable attorney fees collected for the violation of this Zoning Ordinance shall be paid over to the Borough.
A. 
Filing fees for Zoning Hearing Board appeals shall be established, at the discretion of the Borough, from time to time by resolution.
B. 
Any filing fees paid by a party for appeal of an enforcement notice to the Zoning Hearing Board shall be returned to the appealing party by the Borough, if the Zoning Hearing Board, or any court in a subsequent appeal, rules in favor of the appealing party.