The provisions of this chapter shall be administered and enforced by the Zoning Officer, who shall be appointed by the Borough Council, or by the Building Inspector or other person specifically assigned to such service by Borough Council.
It shall be the duty of the Zoning Officer or other assigned person and each shall have the power to:
A. Receive and examine all applications for zoning permits.
B. Refer zoning permit applications for all uses permitted by right or special exception as enumerated in Article
V, Zoning Districts, to the Borough Manager for processing.
C. Issue permits only where there is compliance with the provisions of this chapter and with other Borough ordinances and with the laws of the commonwealth and the federal government. Permits for construction or uses requiring a special exception or variance shall be issued only upon order of the Zoning Hearing Board. Permits requiring approval of the Borough Council shall be issued only after receipt of a recommendation from the Council.
D. Receive applications for special exceptions and variances and forward these applications to the Zoning Hearing Board for action thereon.
E. Following refusal of a permit, to receive applications for interpretation, appeals and variances and forward these applications to the Zoning Hearing Board for action thereon.
F. Conduct inspections and surveys to determine compliance or noncompliance with the terms of this chapter.
G. Institute civil enforcement proceedings in accordance with §§
186-124 and
186-125.
H. In addition to other remedies and with the approval of the Borough Council or when directed by it, institute any appropriate action or proceedings to prevent unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use; restrain, correct or abate such violation; prevent the occupancy of or use of any building, structure or land; or to prevent any illegal act, conduct, business or use in or about the premises in case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure, landscaping or land is used in violation of this chapter or of any ordinance or other regulation made under authority conferred hereby.
I. Revoke by order a zoning permit issued under a mistake of fact or contrary to the law or the provision of this chapter.
J. Record and file all applications for zoning permits with accompanying plans and documents. All applications, plans and documents shall be a public record.
K. Maintain a map or maps showing the current zoning classification of all land in the Borough.
L. Upon the request of the Borough Council, the Planning Commission or the Zoning Hearing Board, present facts, records or reports which they may request to assist them in making decisions.
The Borough Council shall have exclusive jurisdiction to hear and render final adjudications in the following matters:
A. All applications for subdivisions and land developments pursuant to Chapter
164, Subdivision and Land Development. Any provision in Chapter
164, Subdivision and Land Development requiring that final action concerning subdivision and land development applications be taken by the Planning Commission rather than the Borough Council shall vest exclusive jurisdiction in the Planning Commission in lieu of the Borough Council for purposes of the provisions of this subsection.
B. Applications for conditional uses pursuant to §
186-128 of this chapter.
C. Applications for curative amendments pursuant to §
186-111 of this chapter.
D. All petitions for amendments to land use ordinances pursuant to §
186-121.
All applicants for zoning permits, special exceptions and interpretation and variance appeals shall, at the time of making application, pay to the Zoning Officer for use of the Borough a fee in accordance with a fee schedule adopted by resolution of the Borough Council upon the enactment of this chapter or as such schedule may be amended by resolution of the Borough Council.
Any erection, construction, reconstruction, alteration or moving of a building or other structure, including a sign authorized by a zoning permit, shall be commenced and any change in use of a building or land authorized by a zoning permit shall be undertaken within six months after the date of issuance of the permit. If not, the permit shall be considered null and void. However, in the case of erection or construction of a building, the right to proceed with construction may be extended annually without payment of additional fees for an aggregate period of no more than two years, provided that the construction pursuant to said permit has commenced within the first six-month period.
In the case of an application for a special exception or variance related to a use or activity within the Floodplain District, refer to Chapter
94, Floodplain Management, of the Code of the Borough of Perkasie.
The Borough Council may, from time to time, amend, supplement, change, modify or repeal this chapter, including the Zoning Map. When doing so, the Borough Council shall proceed in the manner prescribed in §§
186-121 through
186-127.
Proposals for amendment, supplement, change, modification or repeal may be initiated by Borough Council on its own motion, by the Planning Commission or by petition of one or more owners of property to be affected by the proposed amendment, subject to the following provisions:
A. Proposals originated by the Borough Council. The Borough Council shall refer every proposed amendment, supplement, change, modification or repeal originated by the Council to the Planning Commission. Within 30 days of submission of said proposal, the Planning Commission shall submit to Borough Council a report containing Commission's recommendations, including any additions or modifications to the original proposal.
B. Proposals originated by the Planning Commission. The Planning Commission may at any time transmit to the Borough Council any proposal for the amendment, supplement, change, modification or repeal of this chapter.
C. Proposals originated by a citizen's petition. Each petition by one or more owners of property to be affected by a proposal for amendment, supplement, change or modification shall be signed and acknowledged and submitted in writing to the Secretary of the Borough Council. On receipt of said petition, the Borough Council shall transmit a copy of the petition to the Planning Commission. Within 30 days of its submission to the Planning Commission, the Commission shall submit to the Borough Council a report containing the Commission's recommendation, including any additions or modifications of the original proposal.
D. The Borough shall submit each amendment to the Bucks County Planning Commission in accordance with the Pennsylvania Municipalities Planning Code.
E. An attested copy of the proposed ordinance shall be filed in the county law library or other county office designated by the County Commissioners.
Whenever a violation of this chapter occurs, any person may file a complaint in regard thereto. All such complaints must be in writing and shall be filed with the Zoning Officer, who shall properly record such complaint and immediately investigate and report thereon to the Borough Council.
The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based upon scientific studies. Larger floods may occur on rare occasions or the flood height may be increased by man-made or natural causes, such as ice jams or bridge openings constricted by debris. In such instances, areas outside the Flood District may be subject to flooding or flood damage. This chapter shall not create liability on the part of the Borough of Perkasie or any officer or employee thereof for any flood damage that results from reliance on this chapter or any administrative decision lawfully made thereunder.
Parties to proceedings authorized in this chapter may utilize mediation as an aid in completing any such proceedings in accordance with Section 908.1 of the Municipalities Planning Code.