[Ord. 1159, 9/11/2014]
1.
Appointment. A Zoning Officer shall be appointed by the Borough Council
to administer and enforce this chapter. The Zoning Officer shall not
hold any elective office in the Borough. The Zoning Officer shall
meet qualifications established by the Borough and shall be able to
demonstrate to the satisfaction of the Borough Council a working knowledge
of municipal zoning.
2.
Duties and Powers. It shall be the duty of the Zoning Officer or
his designee to enforce the provisions of this chapter and the amendments
thereto, and he shall have such duties and powers 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:
A.
Review applications for permits as set forth in this chapter.
B.
Keep a record of all official 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. All such
records shall be open to public inspection. File copies of all applications
received, approvals issued, and reports and inspections made in connection
with any structure, building, sign and/or land shall be retained as
long as the structures, etc., remain in existence.
C.
Make inspections as required to fulfill his duties. In doing so,
however, he shall first seek the permission of the landowner or tenant;
and, in the event such permission cannot be voluntarily obtained,
he shall have the right to take such other legal means as are authorized
under the law.
D.
Issue approvals for buildings, structures, and land uses for which
subdivision and land development approval is required only after all
necessary approvals have been secured and plans recorded.
E.
Issue approvals for special exception uses or for variances only
after a special exception or variance has been approved by the Zoning
Hearing Board in accordance with the regulations of this chapter and
the Pennsylvania Municipalities Planning Code, as amended.
F.
Issue zoning approvals for buildings requiring approvals by the Pennsylvania
Department of Labor and Industry or requiring approvals of the Borough's
Building Code Official under the Uniform Construction Code only after
such approvals have been secured.
G.
Be responsible for keeping this chapter and the Official Zoning Map
up to date so as to include all amendments thereto.
H.
Issue certificates of use and occupancy in accordance with the terms
of this chapter.
I.
Send enforcement notices as provided for in this chapter.
J.
Submit a monthly report of his activities to the Borough Council
and Borough Planning Commission and, where appropriate, submit a report
to the Zoning Hearing Board.
K.
Institute civil enforcement proceedings as a means of enforcement
when acting within the scope of the Officer's employment, when
authorized by the Borough Council.
[Ord. 1159, 9/11/2014]
1.
Requirements. No building, structure, or sign shall be erected, constructed,
assembled, extended, reconstructed, replaced, demolished, converted,
moved, added to or structurally altered, nor shall land, buildings
and structures be put to any use or have the use for which they are
used changed, without a permit therefor issued by the Zoning Officer.
No such permit shall be issued unless there is conformity with the
provisions of this chapter, except upon written order from the Zoning
Hearing Board in the form of a variance or upon order from any court
of competent jurisdiction.
2.
Application Procedures. The application for a permit shall be submitted
to the Zoning Officer in writing on a form prescribed by the Borough.
The application shall be submitted by the owner or lessee of any building,
structure or land or the agent of either; provided, however, that
if the application is made by a person other than the owner or lessee,
it shall be accompanied by a written authorization from the owner
or lessee authorizing the work and designating the agent. The application
shall be accompanied by two sets of at least the following information:
A.
A plan of the lot in question, drawn to scale, indicating the lot
size and showing all dimensions of lot lines and the exact location(s)
on the lot of all existing and proposed buildings, fences, signs,
structures and alterations to buildings or structures.
B.
The use, height, length, width and proportion of and the total lot
area covered by all proposed and existing buildings, structures and
additions or alterations to buildings or structures, and the height,
length, width and design of all signs.
C.
A statement indicating the number of dwelling units and/or commercial
or industrial establishments to be accommodated within existing and
proposed buildings on the lot. In the case of commercial and industrial
uses, the floor area to be devoted to each use shall be indicated.
D.
The location, dimensions and design of parking and loading areas,
including the size and arrangement of all spaces and means of ingress,
egress and interior circulation, recreation areas, screens, buffer
yards and landscaping, means of egress from and ingress to the lot,
routes for pedestrian and vehicular traffic, and provisions for outdoor
lighting.
E.
The location of all utility lines.
F.
All other information necessary for the Zoning Officer to determine
conformance with and provide for enforcement of this chapter.
G.
The name and address of the applicant and the owners of the real
estate involved and a description of and location of the real estate
involved.
3.
Approval or Disapproval.
A.
Upon receipt of the permit application and all accompanying information,
the Zoning Officer shall examine them and determine compliance with
this chapter. Within 60 days from the date the Officer receives the
application, a copy of the application and accompanying information
containing the Zoning Officer's decision with respect to compliance
with this chapter shall be returned to the applicant. A copy shall
be retained by the Zoning Officer. The permit shall expire six months
from the date of approval of the application by the Zoning Officer,
provided that it may be extended at the discretion of the Zoning Officer
for a period not exceeding one year. If disapproved, the Zoning Officer
shall attach a statement to the application explaining the reasons
therefor, indicating the manner in which the application could be
corrected and/or modified to obtain approval, and informing the applicant
of his rights to appeal.
B.
The Zoning Officer shall revoke a permit issued under the provisions
of this chapter in case of any false statement or misrepresentation
of fact in the application on which the approval was based or for
any other cause set forth in this chapter.
[Ord. 1159, 9/11/2014]
1.
Requirements. It shall be unlawful to use and/or occupy any building,
structure or land or portion thereof for which a permit is required
until a certificate of use and occupancy has been issued by the Borough.
A certificate of use and occupancy shall not be issued unless such
building, structure or land has been inspected by the Zoning Officer
and he has determined that all provisions of this chapter have been
complied with.
2.
Issuance. Upon receipt of written notification that the applicant
is ready to use and occupy the premises for which a permit has been
issued, the Zoning Officer shall inspect the premises within 10 days
to determine compliance with the approved application and the Zoning
Ordinance of the Borough. If in compliance, he shall approve and sign
a certificate of use and occupancy for the use indicated on the approved
application. A copy of the certificate of use and occupancy shall
be retained by the Zoning Officer as part of the Borough records.
If he finds that the work has not been performed or that the use of
the premises does not comply with the approved application and the
Zoning Ordinance of the Borough, the Zoning Officer shall refuse to
approve and sign the certificate of use and occupancy and in writing
give the reasons therefor and inform the applicant of his right of
appeal.
3.
Temporary Certificate of Use and Occupancy. The Zoning Officer may
issue a temporary certificate of use and occupancy for such temporary
uses as tents, trailers, and buildings on construction sites. The
Zoning Hearing Board may authorize as a special exception a temporary
certificate of use and occupancy for a structure or use which it deems
beneficial to the public health or general welfare or which it deems
necessary to promote the proper development of the Borough, provided
that such structure or use shall be completely removed upon expiration
of the temporary certificate without cost to the Borough. Such temporary
certificates shall be for the period of time to be determined by the
Zoning Officer or Zoning Hearing Board, as applicable, at the time
of application, but in no case shall any certificates, except those
for uses on construction sites, be issued for more than six months.
[Ord. 1159, 9/11/2014]
The Borough Council shall establish, by resolution, a schedule
of fees and charges for permits, certificates of use and occupancy,
special exceptions, variances, conditional uses, amendments to this
chapter and other matters pertaining to this chapter. A collection
procedure shall also be established. Until all application fees and
charges have been paid in full, no action shall be taken on any application
or other matter relating thereto.
[Ord. 1159, 9/11/2014]
1.
The provisions of this chapter and the boundaries of zoning districts
as set forth on the Official Zoning Map may from time to time be amended,
supplemented, or changed by the Borough Council in accordance with
the following procedure:
A.
Procedure. The following procedures shall be observed prior to making
any amendment or change to this chapter or parts thereof, including
the Official Zoning Map:
(1)
All proposed amendments to this chapter shall be submitted to
the County Planning Commission for its recommendations at least 30
days prior to the public hearing.
(2)
Any amendment not prepared by or emanating from the Borough
Planning Commission shall be submitted by the Borough Council to the
Borough Planning Commission for its recommendation at least 30 days
prior to the public hearing.
(3)
Curative Amendments. The procedure upon curative amendments
shall be established in the Pennsylvania Municipalities Planning Code,
as amended.
B.
Submission of Impact Statement. With a request for a zoning amendment
initiated by other than the Borough Council or Borough Planning Commission,
a statement indicating the impact of the zoning change on the Borough
may be required to be submitted by the Borough Council with the application
for rezoning. The statement shall compare the impact on the Borough
resulting from the existing zoning with the impact resulting from
the proposed zoning, specifically discussing:
(1)
Environmental Impact: the impact on wooded areas, floodplains,
wetland areas of high water table, stormwater runoff, erosion and
sedimentation, water quality, air quality, solid waste generation,
and noise levels.
(2)
Traffic Impact: the impact of traffic generation per day and
at peak hours, including numbers and routes expected to be used. An
analysis of traffic capacities of adjacent roads and intersections
and roads and intersections to be significantly affected by the zoning
change shall be prepared.
(3)
Services Impact: the demand for school, police, sanitary sewer,
water, sanitation, and road maintenance services.
(4)
Fiscal Impact Analysis: the costs and revenues to the Borough.
C.
Public Hearing. 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 municipality at points deemed sufficient by the municipality
along 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.
(1)
In addition to the requirement that notice be posted under the
above subsection where the proposed amendment involves a Zoning Map
change, mailed notice and electronic notice shall be issued by the
municipality at least 30 days prior to the date of the public hearing
by first-class mail to the addresses to which real estate tax bills
are sent for all real property located within the area being rezoned,
as evidenced by tax records within the possession of the municipality.
The notice shall include the location, date and time of the public
hearing. A good-faith effort and substantial compliance shall satisfy
the requirements of this subsection. This subsection shall not apply
when the rezoning constitutes a comprehensive rezoning.
[Ord. 1159, 9/11/2014]
1.
If it appears to the Borough Council that a violation of this chapter
has occurred, the Borough shall initiate enforcement proceedings by
sending an enforcement notice as provided for in the Pennsylvania
Municipalities Planning Code, as amended.
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 prescribed period of time in accordance with
procedures set forth in this 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.
[Ord. 1159, 9/11/2014]
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 attorneys' fees incurred by
the Borough as a result thereof. No judgment shall commence or be
imposed, levied or be 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 procedures. Each day that
a violation continues shall constitute a separate violation, unless
the District Justice determining that there has been a violation further
determines that there was a good-faith basis for the person, partnership
or corporation violating the chapter to have believed that there was
no such violation, in which event there shall be deemed to have been
only one such violation until the fifth day following the date of
the determination of a violation by the District Justice, and thereafter
each day that a violation continues shall constitute a separate violation.
All judgments, costs and reasonable attorneys' fees collected for
the violation of this chapter shall be paid over to the Borough.
[Ord. 1159, 9/11/2014]
Proceedings for securing review of any ordinance or of any decision,
determination or order of the Borough Council, their agencies, the
Zoning Hearing Board, or Zoning Officer issued pursuant to this chapter
shall be in accordance with the Pennsylvania Municipalities Planning
Code, amended.
[Ord. 1159, 9/11/2014]
1.
Four copies of an application for permission to conduct a use permitted by condition shall be submitted to the Borough. Such application shall include all information specified for a zoning permit application in § 27-801 of this chapter and any other information necessary to allow the Borough Council to determine that all requirements of this chapter have been met.
2.
Review and Public Hearings.
A.
Within 60 days of the receipt of the application, the Borough Council
shall hold hearings on and decide requests for such conditional uses
in accordance with the standards and criteria listed in this chapter
and in the Pennsylvania Municipalities Planning Code. The hearing
shall be conducted by the Borough Council, or the Council may appoint
any member or an independent attorney as a hearing officer. The decision
or, where no decision is called for, the findings shall be made by
the Borough Council. However, the appellant or the applicant, as the
case may be, in addition to the municipality, may, prior to the decision
of the hearing, waive decision or findings by the Borough Council
and accept the decision or findings of the hearing officer as final.
In granting a conditional use, the Borough Council or the hearing
officer may attach such reasonable conditions and safeguards, in addition
to those expressed in the chapter, as it may deem necessary to implement
the purposes of this chapter.
B.
Decisions for Conditional Use.
(1)
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. Where the application is contested or denied, each decision
shall be accompanied by findings of fact or conclusion based thereon,
together with any reasons therefor. Conclusions based on any provisions
of this chapter or of any ordinance, rule or regulation shall contain
a reference to the provisions relied on and the reasons why the conclusion
is deemed appropriate in the light of the facts found.
(2)
Where the Borough Council fails to render the decision within the period required by this subsection or fails to commence, conduct or complete the required hearing as provided in § 27-808 of this chapter, 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 Borough Council to meet or render a decision as hereinabove provided, and the Borough Council shall fail to provide such notice, the applicant may do so.
(3)
Nothing in this subsection shall prejudice the right of any
party opposing the application 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 findings shall be delivered to the
applicant personally or mailed to him no later than the day following
its date.
3.
Standards.
A.
Conditional uses shall meet the specific standards established for
each use by this chapter and all other applicable Zoning Ordinance
requirements and general regulations established by this chapter.
In addition, the following standards shall be met:
(1)
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.
(2)
Services and utilities shall be made available to adequately
service the proposed use.
(3)
The use will not generate traffic such that hazardous or unduly
congested conditions will result.
(4)
The use is appropriate to the site in question.
(5)
The use shall not adversely affect the character of the general
neighborhood, nor the health and safety of residents, nor workers
on adjacent properties or in the general neighborhood.
C.
The Borough Council may attach such additional reasonable conditions
and safeguards as it deems necessary to implement the purpose of this
chapter and the Pennsylvania Municipalities Planning Code, as amended.
