Proceedings for securing review of this Zoning
Chapter or any decision, determination or order of the governing body,
the Zoning Officer, the Board or any hearing officer adopted or issued
pursuant to this Zoning Chapter shall be in accordance with the Pennsylvania
Municipalities Planning Code, as amended.
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 Zoning
Chapter, the governing body or, with the approval of the governing
body, the Zoning Officer 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 a 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 governing body. No
such action may be maintained until such notice has been given.
[Amended 4-23-2002 by Ord. No. 4-2002]
A. This Zoning Chapter shall not apply to any existing
or proposed buildings, or extension thereof, used or to be used by
a public utility corporation if, upon petition of the corporation,
the Pennsylvania Public Utility Commission shall, after a public hearing,
decide that the present or proposed situation of the building in question
is reasonably necessary for the convenience or welfare of the public.
B. It shall be the responsibility of the Pennsylvania
Public Utility Commission to ensure that both the public utility corporation
and the borough receive notice of any hearing and are granted an opportunity
to appear, present witnesses, cross-examine witnesses presented by
other parties and otherwise exercise the rights of a party to the
proceedings.
C. This Zoning Chapter shall not apply to any existing
or proposed buildings, structures and land uses and any extensions
and alterations thereof, owned, used or to be used by the borough,
or by any authority created solely by the borough, for the convenience
and/or welfare of the public after review by the governing body.