[Amended 1-3-1995 by Ord. No. 1995-2]
A. For the administration of this chapter, a Zoning Officer,
who shall not hold any elective office in the Borough, shall be appointed.
B. The Zoning Officer shall meet the qualifications established
by the Borough and shall be able to demonstrate to the satisfaction
of the Borough a working knowledge of municipal zoning.
C. 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 use which does not
conform to this chapter.
D. The Zoning Officer is hereby authorized to institute
civil enforcement proceedings as a means of enforcement when acting
within the scope of his employment.
E. The Zoning Officer or his duly authorized assistant(s)
shall have the right to enter any building or enter upon any land
at any reasonable hour as necessary in the execution of their duties,
provided that:
(1) The Zoning Officer shall notify the owner and tenant
before conducting any inspection.
(2) The Zoning Officer or his duly authorized assistant(s)
shall display identification signed by the Borough Council upon commencing
an inspection.
(3) Inspections shall be commenced in the presence of
the owner or his representative or tenant.
F. The Zoning Officer shall maintain files, open to the
public, of all applications for certificates of occupancy and building
permits along with plans submitted therewith as well as final certificates
and permits.
G. The Zoning Officer shall also maintain records, open
to the public, of every complaint of a violation of the provisions
of this chapter as well as action taken as a result of such complaints.
H. The Zoning Officer shall submit to the Borough Council,
for insertion in the Council's minutes, a written report summarizing
for the month all building permits and certificates of occupancy issued
by him as well as complaints of violations and action taken as a result
of such complaints.
[Amended 1-3-1995 by Ord. No. 1995-2]
No building in any district shall be erected,
reconstructed or restored, or structurally altered, without a building
permit duly issued upon application to the Borough. No building permit
shall be issued unless the proposed construction or use is in full
conformity with all the provisions of this chapter. Any building permit
issued in violation of the provisions of this chapter shall be null
and void and of no effect, without the necessity for any proceedings
or revocations or nullification thereof; and any work undertaken or
use established pursuant to any such permit shall be unlawful.
A. No building permit shall be issued for the construction
or alteration of any building upon a lot without the required minimum
lot width on an ordained public street or highway.
B. No building permit shall be issued for a building
to be used for any variance or for any special exception in any district
where such use is allowed only by approval of the applicable Borough
agency unless and until such approval has been duly granted.
C. The Borough shall, within 10 days after the filing
of a complete and properly prepared application, either issue or deny
a building permit. If a building permit is denied, the Borough shall
state in writing to the applicant the reasons for such denial.
D. Every building permit shall expire if the work authorized
has not commenced within three months after the date of issuance,
or has not been completed within 18 months from such date for construction
costing less than $1,000,000 and has not been completed within 36
months from such date for construction costing in excess of such amount.
If no zoning amendments or other codes or regulations affecting subject
property have been enacted in the interim, the Borough may authorize
in writing the extension of either above periods of an additional
six months, following which no further work is to be undertaken without
a new building permit.
E. As soon as the foundation of a building or of any
addition to an existing building is laid off, and before first story
framing or wall construction is begun, there shall be filed with the
Borough an accurate survey signed by the person responsible for said
survey, showing the exact location of such foundation with respect
to the street and property lines of the lot.
[Amended 5-7-1984; 1-3-1995 by Ord. No. 1995-2]
A. The Borough Council shall establish by resolution
a schedule of fees, charges and expenses and collection procedures
for zoning permits, occupancy permits, special exceptions, variances
and appeals, and other matters pertaining to this chapter. The schedule
of fees shall be posted in the office of the Zoning Officer and may
be altered or amended only by the Borough Council.
B. No action shall be taken on any application or appeal
until all application fees, charges and expenses have been paid in
full.
[Amended 1-3-1995 by Ord. No. 1995-2]
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,
the Borough Council or, with the approval of the Borough Council,
an officer of the 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 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. When any such action is instituted
by a landowner or tenant, notice of that action shall be served upon
the Borough at least 30 days prior to the time the action is begun
by serving a copy of the complaint on the Borough Council. No such
action may be maintained until such notice has been given.
[Amended 1-3-1995 by Ord. No. 1995-2]
A. If it appears to the Borough that a violation of this
chapter has occurred, the Borough shall initiate enforcement proceedings
by sending an enforcement notice as provided in this section.
B. 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.
C. An enforcement notice shall state at least the following:
(1) The name of the owner of record and any other person
against whom the Borough intends to take action.
(2) The location of the property in violation.
(3) The specific violation with a description of the requirements
which have not been met, citing in each instance the applicable provisions
of this chapter.
(4) The date before which the steps for compliance must
be commenced and the date before which the steps must be completed.
(5) That the recipient of the notice has the right to
appeal to the Zoning Hearing Board within a period of 10 days.
(6) 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.
[Amended 1-3-1995 by Ord. No. 1995-2]
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 the 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 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 District Justice and thereafter
each day that a violation continues shall constitute a separate violation.
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.
D. District Justices shall have initial jurisdiction
over proceedings brought under this section.