The provisions of this chapter shall be enforced by a person
to be appointed by the Borough Manager, who shall be known as the
"Zoning Officer." The powers and duties of the Zoning Officer are
as authorized by Section 614 of the Pennsylvania Municipalities Planning
Code.[1] The Zoning Officer shall not issue a zoning/building permit
for any purpose except in compliance with the literal provisions of
this chapter. The Zoning Officer is authorized to institute civil
enforcement proceedings as a means of enforcement when acting within
his/her scope of employment.
[1]
Editor's Note: See 53 P.S. § 10614.
For purposes of this section, reference is made to zoning permits.
However, such reference does not preclude the Borough from utilizing
a combined permit form, such as a permit form covering both building
and zoning permits (zoning/building permit), or a specific form covering
a particular matter (e.g., sign permit).
A.
General requirements for zoning/building permits.
(1)
Actions requiring zoning permits. A zoning/building permit shall
be required prior to:
(a)
A change in use of land or structure;
(b)
The erection or construction of a structure (principal or accessory)
or portion thereof, including fences, sheds, structures not subject
to the Uniform Construction Code, and satellite dish antennas that
are less than one meter in diameter, but excluding drying poles and
children's play equipment;
(c)
The improvement or alteration of any existing structure (principal
or accessory) where such improvement or portion thereof increases
the amount of space which the structure encloses;
(d)
The alteration or development of any improved or unimproved
real estate, including but not limited to mining, dredging, filling,
grading, paving, excavation or drilling operations, but not including
the tilling of soil associated with agriculture;
(e)
The erection or alteration of any signs specified in § 210-29 of this chapter as requiring a zoning/building permit; and
(f)
For uses other than a single-family dwelling:
[1]
The installation of a new outdoor lighting system;
[2]
The alteration, rehabilitation, or renovation to an existing
outdoor lighting installation, which is commenced after the effective
date of this chapter and involves the complete replacement of an existing
lighting system with a new lighting system; and
[3]
The replacement of an outdoor light fixture that increases the
intensity of the fixture that existed on the effective date of this
chapter.
(2)
Issuance/rejection of permits. Upon receipt, the Zoning Officer shall
examine the permit application within a reasonable time after filing.
If the application fails to comply with the provisions of this chapter
and all pertinent local laws and/or any conditions of approval attached
to the grant of any applicable subdivision and/or land development
approval, he/she shall reject such application in writing, stating
the reasons therefor. Should the Zoning Officer deny the permit, he/she
shall inform the applicant of his/her right to appeal to the Zoning
Hearing Board. If satisfied that the proposed work and/or use conforms
to the provisions of the chapter and all local laws and ordinances
applicable thereto and/or any conditions of approval attached to the
grant of any applicable subdivision and/or land development approval,
he/she shall issue a permit therefor as soon as practical, but not
later than 60 days from receipt of this complete application.
(3)
Expiration of permit. The permit shall expire after six months from
the date of issuance; provided, however, that the same may be extended
by the Zoning Officer every six months for a period not to exceed
an additional year upon the request by the applicant who demonstrates
good cause for the extension.
(4)
Compliance with application and site plan. All work or uses shall
conform to the approved application and plans for which the permit
has been issued, as well as the approved site plan.
B.
Application for all zoning/building permits.
(1)
Applications shall contain a general description of the proposed
work, development, use or occupancy of all parts of the structure
or land, and shall be accompanied by plot plans in duplicate drawn
to scale and showing the following as may be applicable to the requested
permit:
(a)
The actual dimensions and shape of the lot to be built upon;
(b)
The exact size and location on the lot of buildings, structures,
fences, signs and areas of land use, existing and/or proposed extensions
thereto;
(c)
The number of dwelling units or other units of occupancy (e.g.,
commercial, industrial, institutional, agricultural, accessory uses,
etc.), if any, to be provided;
(d)
The location and proposed surfacing of driveways and access
drives and copies of any highway occupancy permits as required by
local, county and/or state agencies;
(e)
The height of all structures, buildings, and/or signs;
(f)
Distances of buildings and structures from lot lines and street
right-of-way lines;
(g)
Off-street parking and loading areas and access thereto, including
grades and proposed surfacing;
(h)
Outdoor areas devoted to storage of goods, materials and/or
wastes;
(i)
Utility systems affected and proposed, including primary and
backup on-lot and/or public sewage disposal and water supply systems,
including any required permits;
(j)
Alteration or development of any improved or unimproved real
estate;
(k)
Lot coverage;
(l)
Site lighting, including lighting of signs;
(m)
Floor area devoted to each proposed use and unit of occupancy
for both principal and accessory uses;
(n)
Recreation areas;
(o)
Screens, buffer yards, landscaping, erosion control filter strips
and riparian buffers;
(p)
Means of pedestrian access;
(q)
Written approvals for needed conservation plans, nutrient management
plans and/or erosion and sediment pollution control plans;
(r)
Information relating to any zoning approvals obtained from the
Zoning Hearing Board or the Borough Council;
(s)
Proof of approval from the Pennsylvania Department of Labor
and Industry, when required by such agency;
(t)
Copies of any applicable subdivision/land development plan;
(u)
Workers' compensation certificates;
(w)
Any information required by an approved land development or
subdivision plan or condition of approval of such plan; and
(x)
All other information necessary for the Zoning Officer to determine
conformance with and provide for enforcement of this chapter.
It shall be unlawful to use and/or occupy any structure, building,
sign, land or portion thereof without first complying with the applicable
requirements of the chapter, including, where required, making application
for and receiving approval of a variance, special exception or conditional
use and complying with any conditions attached to such approval. Upon
written request for a certificate of zoning compliance, such certificate
shall be issued by the Zoning Officer. The Zoning Officer shall not
issue such certificate unless he/she has inspected said structure,
building, sign or land and has determined that all provisions of this
chapter and other laws of the Borough have been satisfied, that the
applicant has complied with any conditions attached to the approval
of a variance, special exception or conditional uses, and that the
applicant has received a certificate of occupancy under the Borough
Building Code, as applicable.
Failure to secure a zoning/building permit prior to a change
in use of land or structure, or the erection, construction or alteration
of any structure or portion thereof, shall be a violation of this
chapter.
A.
Enforcement notice. If it appears to the Zoning Officer that a violation
of this chapter has occurred, the Zoning Officer shall initiate enforcement
proceedings by sending an enforcement notice, as provided in the following:
(1)
The enforcement notice shall be sent to the owner of record of the
lot on which the violation has occurred. A copy of the enforcement
notice shall be provided: a) to any person who has filed a written
request to receive enforcement notices regarding that parcel; b) to
any other person requested in writing by the owner of record; and
c) to the person known or believed to have violated the chapter, if
other than the owner of record.
(2)
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
that 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 under § 210-67C of 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.
B.
Enforcement remedies. 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 the Borough, pay a judgment of
not more than $150 for the first violation, $300 for the second violation,
and $500 for the third and subsequent violations, plus all court costs,
including reasonable attorney's 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
Magisterial 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 procedure. Each day that a violation
continues shall constitute a separate violation, unless the Magisterial
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 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 Justice,
and thereafter each day that a violation continues shall constitute
a separate violation. All judgments, costs and reasonable attorney's
fees collected for the violation of this chapter shall be paid over
to the Borough.
C.
Remedies in law and equity. 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
enacted under the Act, or prior enabling laws, the governing body
or, with the approval of the governing body, an officer of the municipality,
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.
A.
The Borough Council shall establish by resolution a schedule of fees,
charges and expenses and collection procedures for applications for
zoning/building permits, certificates of zoning compliance, special
exceptions, conditional uses, variances, appeals, amendments, and
other matters pertaining to this chapter.
B.
The schedule of fees shall be available for inspection in the office
of the Zoning Officer and may be altered or amended by resolution
of the Borough Council.
C.
Until all application fees, charges and expenses have been paid in
full, the application or appeal shall not be considered complete.
Therefore, no proceedings related to any such application or appeal
shall be initiated, no established time elements shall begin to accrue,
and no action shall be taken on any such application or appeal.
A.
Submission constitutes a public record.
(1)
By making a submission under this chapter, the applicant acknowledges
and agrees that all documents and other information submitted to the
Borough pursuant to this chapter constitute public records within
the meaning of the Pennsylvania Right to Know Law, Act 3 of 2008,
as amended,[1] and are therefore subject to review and reproduction upon
request in accordance with that law and applicable Borough ordinances
and resolutions.
[1]
Editor's Note: See 65 P.S. § 67.101 et seq.
B.
Applicant's duty of good faith.
(1)
Upon the filing of an application for review under this chapter,
the applicant shall exercise good faith and promptly address or otherwise
respond substantively to the review comments and requirements of the
Borough and its staff and consultants.
(2)
It is the duty of the applicant to move the application to completion
in a prompt, timely and diligent manner so as to enable formal action
by the respective agency or agent of the Borough, as the case may
be, and to comply with all conditions of approval imposed by such
agencies or agents.
C.
Unsworn falsification to authorities. All statements, whether written
or oral, to the Borough in the course of the review of the application
under this chapter shall be true and correct to the best of the knowledge,
information and belief of the applicant or its agents and consultants,
and with the understanding that any false statement is subject to
the penalties of 18 Pa.C.S.A. § 4804, relating to unsworn
falsification to authorities.
Except as otherwise required by law, this chapter is intended
as a continuation of, and not a repeal of, existing regulations governing
the subject matter. To the extent that this chapter restates regulations
contained in ordinances previously enacted by the Borough, this chapter
shall be considered a restatement and not a repeal of such regulations.
It is the specific intent of the Borough Council that all provisions
of this chapter shall be considered in full force and effect as of
the date such regulations were initially enacted. All ordinances or
parts of ordinances inconsistent with the provisions of this chapter
are hereby repealed. It is expressly provided that the provisions
of this chapter shall not affect any act done, contract executed or
liability incurred prior to its effective date, or affect any suit
or prosecution pending or to be instituted to enforce any rights,
rule, regulation or ordinance, or part thereof, or to punish any violation
which occurred under any prior zoning regulation or ordinance. In
the event any violation has occurred under any prior zoning regulation
or ordinance, prosecution may be initiated against the alleged offender
pursuant to the provisions of said prior zoning regulation or ordinance,
and the provisions and penalties provided in said prior zoning regulation
or ordinance shall remain effective as to said violation.
This chapter shall become effective on the date permitted by
the Borough Code, 53 P.S. § 45101 et seq., following its
enactment by the Borough Council of Clarion Borough, County of Clarion,
Commonwealth of Pennsylvania.
