[Ord. No. 2018-2, 11/5/2018]
1.
Appointment. A Zoning Officer, who shall not hold any elected office
within Forty Fort Borough, shall be appointed by the Borough Council.
The Zoning Officer shall meet qualifications established by Forty
Fort Borough, which shall at minimum include a working knowledge of
municipal zoning.
2.
Duties and Powers of the Zoning Officer. It shall be the duty of
the Zoning Officer to enforce the provisions of this chapter in accordance
with its literal terms and said officer shall not have the power to
permit any construction, alteration or any use or change of use to
land or structure which does not conform to the applicable provisions
within this chapter. The Zoning Officer's duties shall include
but are not limited to the following:
A.
Receive and review all applications for zoning permits and to approve
and issue zoning permits when warranted.
B.
Keep an official record of all business and activities, including
all complaints of zoning violations of any of the provisions of this
chapter and the resulting action of said complaints.
C.
Conduct inspections of properties as required to fulfill his/her
duties. In conducting such activities, the Zoning Officer may have
access to any land, building or structure, subject to the consent
and/or right of entry by the owner or tenant or by securing a search
warrant issued by a court of proper jurisdiction.
D.
Issue permits as authorized by the Zoning Hearing Board or the Borough
Council, pursuant to the requirements and applicable procedures of
this chapter or by written order of a court of proper jurisdiction.
E.
Issue certificates of nonconformity to nonconforming uses and/or
structures and to maintain a listing of such as required.
F.
Issues of certificates of zoning compliance indicating that the proposed
activity/use and or development as listed upon an approved zoning
permit application and accompanying site plan has been completed in
conformity and compliance with said approved zoning permit application.
G.
Maintain the Zoning Map, showing the current zoning districts of
all land and the zoning text, including amendments thereto.
H.
Notify the Zoning Hearing Board and/or the Borough Council of required
and/or requested hearings based upon the completion of his review
and processing of applications for a zoning permit. The submission
of an application for a zoning permit to the Zoning Officer and his
determination that a hearing before the Zoning Hearing Board or the
Borough Council is either required or requested shall be a prerequisite
for any application being forwarded to either the Zoning Hearing Board
or the Borough Council for consideration.
I.
Participate in proceedings before the Zoning Hearing Board, Planning
Commission or Borough Council and at their request, furnish such facts,
records and similar information which may assist them in rendering
decisions.
J.
In the event of a violation of this chapter, provide written notice
to the person responsible for such violation, indicating the nature
of the violation and ordering the action necessary to correct the
violation. Such written notice may be served personally or by certified
mail. Corrective action may include an order to cease and desist the
illegal use and/or activity of land, buildings, signs, or structures;
or to remove illegal buildings, structures, additions, signs, and/or
structural alterations.
[Ord. No. 2018-2, 11/5/2018]
1.
Issuance of Permit. No building, structure or sign shall be erected,
constructed, moved, added to or structurally altered, nor shall any
land, structure or building be put to any use without first obtaining
a zoning permit from the Zoning Officer. No application shall be submitted
to or considered by the Zoning Hearing Board until the Zoning Officer
has received an application for a zoning permit and has determined
that an approval and/or review by the Zoning Hearing Board, Planning
Commission or Borough Council is required or requested by the applicant.
No such permit shall be issued except in conformity with the provisions
of this chapter or upon written approval from the Zoning Hearing Board
in the form of a special exception, variance or an administrative
appeal, upon written approval from the Borough Council in the form
of a conditional use permit or as otherwise provided for by this chapter
or from any court of proper jurisdiction. Normal and routine maintenance
and repairs to a structure shall be exempt from obtaining a zoning
permit; however a building permit shall be required. Interior remodeling
of a structure shall also be exempt from obtaining a zoning permit
provided that such remodeling does not include structural alterations
or result in a change in the use of the structure; however a building
permit shall be required.
2.
Form of Application. All applications for permits shall be made in
writing by the owner, his authorized agent or equitable owner and
shall be filed with the Zoning Officer on forms prescribed by the
same. All applications which seek approval, involving new construction,
additions, structural alterations, a change of use and/or any other
form of improvements to a property shall be accompanied by two sets
of plans and information which includes but is not limited to the
following:
A.
A plan drawn to scale, indicating the actual dimensions and shape
of the lot to be built upon and a written statement that the applicant
is the owner or authorized agent of the owner or equitable owner.
B.
The exact size and location on the lot of existing and/or proposed
structures, buildings or signs, including proposed additions thereto.
C.
The number and type of dwelling units, if applicable.
D.
The amount and location of parking and/or loading facilities.
E.
The existing use and/or proposed use of the property.
F.
The height of the building, structure and/or sign.
G.
A detailed scale drawing of all signs, existing and proposed, indicating
their location and how they are and/or will be affixed to the property.
H.
Existing and/or proposed access to the site, including the name of
the public street and/or road.
I.
Any other information deemed necessary by the Zoning Officer to determine
conformance with the provisions and regulations of this chapter.
3.
Processing Applications. The Zoning Officer shall return one copy
of the plans and accompanying information to the applicant upon marking
such copies approved or denied and attested to the same by his signature.
One copy of the plans and accompanying information shall be retained
by the Zoning Officer and kept on file.
4.
Time Period For Processing Application. A properly completed zoning
permit application shall be approved or denied within 30 days from
the date of receipt of a fully completed application and plans along
with any additional information as required by the Zoning Officer.
A zoning permit application shall not be deemed fully complete until
written responses are provided for all required information upon the
application, it bears the signature of the owner, his authorized agent
or equitable owner and all applicable and associated fees are paid
in full. In cases of denial, the applicant shall be informed of his/her
rights of appeal as prescribed within this chapter. Such notice shall
be in writing under the signature of the Zoning Officer.
5.
Expiration of Zoning Permit. An approved zoning permit shall expire
one year from the date of issuance, if the work described in said
permit has not commenced, including permits authorized to be issued
by the Zoning Hearing Board. If the work described within the zoning
permit has commenced within the prescribed one-year period, the permit
shall expire two years from the date of issuance. In such cases, should
the applicant wish to pursue the work described within the expired
permit, a new application shall be required with the payment of new
fees.
6.
Revocation of Permits. The Zoning Officer may revoke a permit or
approval issued in error under the provisions of this chapter or in
the case of any false statements or misrepresentation of fact in the
application or on the plans on which the permit or approval was based
or for any other just cause as set forth in this chapter.
[Ord. No. 2018-2, 11/5/2018]
Prior to the commencement of work at a property for which a
zoning permit has been issued, the owner of the property shall have
the zoning permit posted in an area publicly visible upon said property,
signed by the Zoning Officer, stating the type of construction or
activity which the permit was obtained.
[Ord. No. 2018-2, 11/5/2018]
Upon the completion of an activity/use and/or development authorized
by a zoning approval obtained in compliance with this chapter, and
prior to the use or occupancy, the property owner shall notify the
Zoning Officer of such completion. Use and occupancy shall not be
authorized until the Zoning Officer has certified that the activity/use
and/or development has been inspected and approved solely related
to its conformity with the applicable zoning approval and is issued
a certificate of zoning compliance.
[Ord. No. 2018-2, 11/5/2018]
1.
Requirements. It shall be unlawful to use and/or occupy any structure,
building, sign and/or land or portion thereof, for which a zoning
permit is required until a certificate of zoning compliance for such
structure, building, sign, and/or land or portion thereof has been
issued by the Zoning Officer.
2.
Time of Application. When the use of a property involves a new building
or structure or additions to an existing building or structure, the
application for zoning compliance shall be made at the same time application
is made for a zoning permit. When no construction or alteration is
involved, application to occupy and use property and/or land may be
made at any time.
3.
Form of Application. The application for a certificate of zoning
compliance shall be in such form as the Zoning Officer may prescribe.
The application shall contain the intended use and/or occupancy of
any structure, building, sign and/or portion thereof.
4.
Issuance of Certificate of Zoning Compliance. The Zoning Officer
shall inspect any structure, building, sign and/or use of land within
10 days upon notification that the proposed activity/use and/or development
listed under the approved zoning permit application has been completed.
If a determination is rendered by the Zoning Officer that the completed
activity/use and/or development is in conformity and compliance with
the approved zoning permit, he shall issue a certificate of zoning
compliance.
5.
Exemptions. Residential accessory structures uses shall be exempt
from securing a certificate of zoning compliance.
[Ord. No. 2018-2, 11/5/2018]
1.
Notice of Violation. If, in the judgment of the Zoning Officer, it
appears that a violation of this chapter has occurred, the Zoning
Officer shall initiate enforcement proceedings by sending a violation
notice to the owner of record of the parcel of land on which the violation
has occurred, to any person who has filed a written request to receive
violation notices regarding the parcel of land and to any other person
requested in writing by the owner of record. The violation notice
shall include, but may not be limited to, the following:
A.
The name of the owner of record and any other person against whom
Forty Fort Borough intends to take action.
B.
The location and/or address of the property in violation.
C.
The specific violations with a description of the requirements which
have not been met, citing in each instance the applicable sections
and provisions of this chapter.
D.
The date by which the steps for compliance must be commenced and
the date by which the steps for compliance must be completed.
E.
That the recipient of the violation notice has the right to appeal the violation notice and request a hearing on the same before the Zoning Hearing Board within 30 days from the issuance of the violation notice. Section 27-1406, Subsection 1M, shall govern the procedural process of any appeal of a violation notice.
F.
Failure to comply with the notice within the specified time period,
unless extended by an appeal to the Zoning Hearing Board, constitutes
a violation, with a description of sanctions which shall result to
correct or abate the violation.
2.
Causes of Action. 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,
Borough Council or, with the approval of the Borough Council, an officer
or agent of Forty Fort 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 proceedings 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 of this chapter. When such action
is instituted by a landowner or tenant, notice of that action shall
be served upon Forty Fort Borough not less than 30 days prior to the
time the action is begun by serving a copy of the complaint to the
Borough Council. No action may be taken until such notice has been
given.
4.
Enforcement Remedies.
A.
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 therefor in a civil enforcement proceeding
commenced by Forty Fort Borough or the Zoning Officer, pay a judgment
of not more than $500, plus all court costs, including reasonable
attorney fees incurred by Forty Fort Borough as a result of said proceedings.
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, Forty
Fort 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 has been
a good faith basis for the person, partnership or corporation violating
this chapter to have believed that there was no such violation. In
such cases, 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
attorney fees collected for the violation of this chapter shall be
paid over to Forty Fort Borough.
B.
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.
C.
Nothing contained in this section shall be construed or interpreted
to grant any person or entity other than Forty Fort Borough the right
to commence any action for enforcement pursuant to this section.
[Ord. No. 2018-2, 11/5/2018]
1.
In accordance with Section 916.2 of the Pennsylvania Municipalities
Planning Code,[1] the Zoning Officer shall be authorized to render a preliminary
opinion for pending applications of development. In order not to unreasonably
delay the time when a landowner may secure assurance that the ordinance
or map under which he proposes to build is free from challenge, and
recognizing that the procedure for preliminary approval of his development
may be too cumbersome or may be unavailable, the landowner may advance
the date from which time for any challenge to the ordinance or map
will run under Section 1413 of this chapter by the following procedure:
A.
The landowner may submit plans and other materials describing his
proposed use or development to the Zoning Officer for a preliminary
opinion as to their compliance with the applicable ordinances and
maps. Such plans and other materials shall not be required to meet
the standards prescribed for preliminary, tentative or final approval
or for the issuance of a building permit so long as they provide reasonable
notice of the proposed use or development and a sufficient basis for
a preliminary opinion as to its compliance.
B.
If the Zoning Officer's preliminary opinion is that the use or development complies with the ordinance or map, notice thereof shall be published once each week for two successive weeks in a newspaper of general circulation in the municipality. Such notice shall include a general description of the proposed use or development and its location, by some readily identifiable directive, and the place and times where the plans and other materials may be examined by the public. The favorable preliminary approval under § 27-1207 and the time therein specified for commencing a proceeding with the Zoning Hearing Board shall run from the time when the second notice thereof has been published. A favorable preliminary opinion shall in no way preclude landowner's responsibility to formally submit all required applications and gain approval of the same prior to the start of any activity related to the subject development.
[1]
Editor's Note: See 53 P.S. § 10916.2.
[Ord. No. 2018-2, 11/5/2018]
The Borough Council shall establish by resolution a schedule
of fees, charges and expenses and collection procedures for zoning
permits, certificates of zoning compliance, certificates of nonconformance,
appeals to the Zoning Hearing Board, applications for conditional
uses, amendments to the Zoning Ordinance or Zoning Map, issuance of
a preliminary opinion and any other matters pertaining to the administration
of this chapter. The schedule of fees, charges and expenses shall
be available for public inspection and may be altered or amended by
resolution of the Borough Council. No action shall be taken on any
application, appeal or certificate until all related fees, charges
and expenses have been paid in full. An application shall not be deemed
as filed until completed and submitted with payment in full of appropriate
fees and applicable supporting documentation.
