[Amended 12-7-2009 by Ord. No. 2009-3]
A.
Building permits. Where required by Chapter 70, Building Permits, for the erection, enlargement, repair, alteration, moving or demolition of any structure, a building permit must be obtained from the Zoning Officer.
B.
Use certificates.
(1)
Use certificate, certifying compliance with this chapter, must be
obtained from the Zoning Officer for any new structure as below or
for any change use of a structure of land as set forth below before
such new structure or use or change of use is occupied or established.
(a)
Use of a structure erected, structurally altered or extended
or moved after the effective date.
(b)
Use of a vacant land except for agricultural purposes.
(c)
Any change in a conforming use of a structure of land.
(d)
Any change from a nonconforming use of a structure or land to
a conforming use.
(2)
The application for a use certificate must include a statement of
the intended use and any existing use of the structure or land. The
certificate continues in effect as long as the use of the structure
or land for which it is granted conforms with this chapter.
[Amended 4-5-1999 by Ord.
No. 1999-1; 12-7-2009 by Ord. No. 2009-3]
A.
Appointment and powers. For the administration of this chapter, a
Zoning Officer, who may not hold any elective office in the Borough,
shall be appointed by the Borough Council. 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 which does not conform to this chapter. The Zoning Officer is the
enforcement officer for this chapter. He issues all building permits,
use certificates and, at direction of the Zoning Hearing Board, special
exceptions and variances. The Zoning Officer shall identify and register
nonconforming uses and nonconforming structures.
C.
Transmittal of papers. Upon receipt of an application for a special
exception, variance or a notice of appeal, the Zoning Officer must
transmit to the Secretary of the Zoning Hearing Board and to the Borough
Planning Commission, copies of all papers constituting the record
upon the special exception, variance or appeal.
D.
Action on building permits. Within 10 days, except for holidays,
after receipt of an application for a building permit, the Zoning
Officer must grant or refuse the permit. If the application conforms
to the applicable requirements of the Building Permit Ordinance[1] and this chapter, the Zoning Officer must grant a permit.
If the Zoning Officer does not grant the permit within 10 days, the
request shall be deemed refused and the applicant may appeal to the
Zoning Hearing Board.
E.
Action on use certificates. Within 10 days, except for holidays,
after receipt of an application for a use certificate, the Zoning
Officer must grant or refuse the certificate. If the specifications
and intended use conform in all respects with the provisions of this
chapter, he must issue a certificate to that effect. If the Zoning
Officer does not grant the use certificate within 10 days, the request
shall be deemed refused and the applicant may appeal to the Zoning
Hearing Board.
F.
Enforcement. Upon determination that a violation of any of the provisions
of this chapter exists, the Zoning Officer must serve notice, as provided
in 53 P.S. § 10616.1, on the person committing or permitting
the same that a violation of the Zoning Ordinance exists. Following
the notice, he must take the action necessary to terminate the violation,
including recourse to a court of record.
G.
Records.
(1)
The Zoning Officer must keep a record of:
(a)
All applications for building permits, use certificates, special
exceptions and variances and all actions taken on them, together with
any conditions imposed by the Zoning Hearing Board.
(b)
All complaints of violations of provisions of this chapter and
the action taken on them.
(c)
All plans submitted.
(d)
Nonconforming uses and nonconforming structures.
(2)
All such records and plans shall be available for public inspection.
[Amended 12-7-2009 by Ord. No. 2009-3]
Any person aggrieved or affected by provisions of this chapter
or decision of the Zoning Officer may appeal in the manner set forth
in the Pennsylvania Municipalities Planning Code, as amended, 53 P.S.
§ 10101 et seq.
[Amended 12-7-2009 by Ord. No. 2009-3]
A building permit or other permit or authorization issued or
approved in violation of the provisions of this chapter is void without
the necessity of any proceedings for revocation. Any work undertaken
or use established pursuant to such a permit or other authorization
is unlawful. No action may be taken by a board, agency or employee
of the Borough purporting to validate such a violation.
[Amended 12-7-2009 by Ord. No. 2009-3]
In case any building, structure or land is or is proposed to
be erected, constructed, reconstructed, altered, converted, maintained
or used in violation of this chapter, the Borough Council or, with
the approval of the Borough Council, an officer of the Borough, in
addition to other remedies, may institute, in the name of the Borough,
any appropriate action or proceeding to prevent, restrain, correct
or abate such building, structure or land or to prevent, in or about
such premises, any act, conduct business or use constituting a violation.
[Amended 12-7-2009 by Ord. No. 2009-3]
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 a Borough, pay a judgment of not more than $500 plus
all court costs, including reasonable attorney fees incurred by the
Borough as a result thereof. 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, 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 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 attorney fees collected for the violation of this chapter
shall be paid over to the 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 to any person or entity other than the Borough the right
to commence any action for enforcement pursuant to this section.
[Amended 12-7-2009 by Ord. No. 2009-3]
A.
The Borough Council may, from time to time, amend, supplement or
repeal any of the regulations and provisions of this chapter.
B.
Before voting on the enactment of the amendment, the Borough Council
shall hold a public hearing thereon, pursuant to the public notice.
In the case of an amendment other than that prepared by the Planning
Commission, the Borough Council shall submit each such amendment to
the Planning Commission at least 30 days prior to the hearing on such
proposed amendment to provide the Planning Commission an opportunity
to submit recommendations. If, after any public hearing held upon
an amendment, the proposed amendment is revised or further revised
to include land previously not affected by it, the Borough Council
shall hold another public hearing, pursuant to public notice, before
proceeding to vote on the amendment. At least 30 days prior to the
hearing on the amendment by the Borough Council, the Borough Planning
Commission shall submit the proposed amendment to the County Planning
Commission for recommendations.
C.
Landowner curative amendments. A landowner who desires to challenge
on substantive grounds the validity of an ordinance or map or any
provision thereof, which prohibits or restricts the use of development
of land in which he has an interest, may submit a curative amendment
to the Borough Council with a written request that his challenge and
proposed amendment be heard and decided as provided in Section 916.1
of the Pennsylvania Municipalities Planning Code, Act 247, as amended
or revised, 53 P.S. § 10916.1.
D.
Municipal curative amendments. The Borough, by formal action, may
declare this Zoning Ordinance or portions thereof substantively invalid
and propose to prepare a curative amendment to overcome such invalidity.
(1)
Within 30 days following such declaration and proposal, the Borough
Council shall:
(2)
Within 180 days from the date of the declaration and proposal, the Borough shall enact a curative amendment to or reaffirm the validity of its Zoning Ordinance pursuant to the provisions required by § 160-80B to cure the declared invalidity of the Zoning Ordinance.
(3)
Upon the initiation of the procedures, as set forth in § 160-80D(1), the Borough Council shall not be required to entertain or consider any landowner's curative amendment filed under § 160-80C, nor shall the Zoning Hearing Board be required to give a report requested under 53 P.S. § 10909.1 or 10916.1 subsequent to the declaration and proposal based upon the grounds identical to or substantially similar to those specified in the resolution required by § 160-80D(1)(a). Upon completion of the procedures as set forth in § 160-80D(1), no rights of a cure pursuant to the provisions of § 160-80C and Section 916.1 of the Pennsylvania Municipalities Planning Code, Act 247, as amended or revised,[1] from the date of the declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of the unamended Zoning Ordinance for which there has been a curative amendment pursuant to § 160-80D.
[1]
Editor's Note: See 53 P.S. § 10916.1.
(4)
The Borough, having utilized the procedures as set forth in § 160-80D(1), may not again utilize said procedures for a thirty-six-month period following the date of the enactment of a curative amendment or reaffirmation of the validity of this Zoning Ordinance, pursuant to § 160-80D; provided, however, if after the date of declaration and proposal there is a substantially new duty or obligation imposed upon the Borough by virtue of a change in statute or by virtue of a Pennsylvania Appellate Court decision, the Borough may utilize the provisions of § 160-80D to prepare a curative amendment to its ordinance or fulfill said duty or obligation.
[Amended 12-7-2009 by Ord. No. 2009-3]
The Borough Council shall, from time to time, set fees for all
applications, permits or appeals provided for by this chapter to defray
the costs of advertising, mailing notices, processing, inspecting,
professional services and copying applications, permits and use certificates.
The fee schedule shall be available from the Borough Secretary for
inspection.
[Amended 12-7-2009 by Ord. No. 2009-3]
In their interpretation and application, the provisions of this
chapter shall be held to be minimum requirements, adopted for the
promotion of public health, safety, morals or general welfare.
