A.
Creation of office. The office of Zoning Officer is
hereby established.
B.
Appointment. The Zoning Officer shall be appointed
by and compensated by the governing body.
C.
Holding other public office. The Zoning Officer shall
not hold any elective office in the municipality.
D.
Powers and duties.
(1)
The Zoning Officer shall administer the Zoning Ordinance
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. He is authorized to institute civil enforcement
proceedings as a means of enforcing the regulations of this chapter
for which he has designated responsibilities. He shall examine all
applications for permits, issue permits for the construction, alteration,
enlargement and occupancy of all uses which are in accordance with
the requirements of this chapter and all nonconforming uses, record
and file all applications for permits with accompanying plans and
documents, and make such reports to the Planning Commission and the
Zoning Hearing Board as may be required.
F.
Qualifications of the Zoning Officer. The Zoning Officer
shall be able to demonstrate to the satisfaction of the local governing
body a working knowledge of municipal zoning.
G.
Registration of nonconforming uses and structures.
The Zoning Officer may identify and register nonconforming uses and
structures and shall identify the reasons for their identification
as nonconformances.
H.
Issuance of preliminary opinion. In order not to unreasonably
delay the time when a landowner may secure assurance that the ordinance
or map under which he proposes to build is free from challenge, and
recognizing that the procedure for preliminary approval of his development
may be too cumbersome or may be unavailable, the landowner may advance
the date from which time for any challenge to the ordinance or map
will run under Section 914.1 of Act 247, as amended, by the following
procedure:
(1)
The landowner may submit plans and other materials
describing his proposed use or development to the Zoning Officer for
a preliminary opinion as to their compliance with the applicable ordinances
and maps. Such plans and other materials shall not be required to
meet the standards prescribed for preliminary, tentative or final
approval or for the issuance of a building permit so long as they
provide reasonable notice of the proposed use or development and a
sufficient basis for a preliminary opinion as to its compliance.
(2)
If the Zoning Officer's preliminary opinion is that
the use or development complies with the ordinance or map, notice
thereof shall be published once each week for two successive weeks
in a newspaper of general circulation in the municipality. Such notice
shall include a general description of the proposed use or development
and its location, by some readily identifiable directive, and the
place and times where the plans and other materials may be examined
by the public. The favorable preliminary approval under Section 914.1
of Act 247, as amended, and the time therein specified for commencing
a proceeding with the Board shall run from the time when the second
notice thereof has been published.
A.
Purpose: to determine compliance with the provisions
of this chapter. No person shall erect, alter or convert any structure
or building, or part thereof, nor alter the use of any land, subsequent
to the adoption of this chapter, until a zoning permit has been issued
by the Zoning Officer.
B.
Application for permits. All such applications shall
be accompanied by plans, in duplicate, drawn to scale, showing the
actual shape and dimensions of the lot or lots to be built upon, its
assessment map and parcel number as recorded, the date of official
record of any lot or lots on which construction is proposed, the exact
size and location of any building, sign, parking or loading area or
other physical feature existing or proposed on the lot, the existing
and intended use of each building or part of a building, the number
of families, dwelling units, employees, offices or other appropriate
units of occupancy which the building is designed to accommodate,
and such other information as may be necessary to determine compliance
with this chapter. One copy of such plans shall be returned to the
owner when such plans shall be approved; one copy each of all applications
with accompanying plans and documents shall become a public record
after a permit is issued or denied.
C.
Issuance of permits.
(1)
It shall be the duty of the Zoning Officer to issue
a zoning permit, provided he is satisfied that the structure, building,
sign, parking area of premises, and the proposed use thereof, conform
with all requirements of this chapter and that all other reviews and
actions, if any, called for in this chapter have been complied with
and all necessary approvals secured thereof.
(2)
All zoning permits shall be issued in duplicate and
one copy shall be kept conspicuously on the premises effected, and
protected from the weather, whenever construction work is being performed
thereon. No owner, contractor, workman or other person shall perform
any building operations regulated by this chapter of any kind unless
a zoning permit covering such operation has been displayed as required
by this chapter, nor shall they perform such building operations after
notification of the revocation of said zoning permit
(3)
All zoning permits for commercial and manufacturing
uses shall stipulate that such permit does not authorize any development
activities unless there is evidence of the approval of the proposed
construction plans by the Pennsylvania Department of Labor and Industry.
D.
Denial of permits. When the Zoning Officer is not
satisfied that the applicant's proposed development will meet the
requirements of this chapter, he shall refuse to issue a zoning permit
and the applicant may appeal to the Zoning Hearing Board for a reversal
of the Zoning Officer's decision.
E.
Revocation of permits.
(1)
If it shall appear at any time to the Zoning Officer
that the application or accompanying plans are in any material respect
false or misleading or that work is being done upon the premises differing
materially from that called for in the applications filed with him
under existing laws or ordinances, he may forthwith revoke the zoning
permit, whereupon it shall be the duty of the person holding the same
to surrender it and all copies thereof to the said Zoning Officer.
After the zoning permit has been revoked, the Zoning Officer may,
in his discretion, before issuing a new zoning permit, require the
applicant to file an indemnity bond in favor of the municipality with
sufficient surety conditioned for compliance with this chapter and
all building laws and ordinances then in force and in a sum sufficient
to cover the cost of removing the building if it does not so comply.
(2)
Any development authorized by a zoning permit shall
be completed within a period of one year of the date of such permit.
If such development is not completed within one year, the zoning permit
shall be automatically revoked, and any future development of the
subject project shall require a new application and the issuance of
a new permit.
A.
For new uses.
(1)
After completion of the whole building or structure,
and upon the sworn application by the owner or his duly authorized
agent, setting forth such facts as the Zoning Officer may require,
and after actual inspection of the premises by the Zoning Officer
or his duly authorized assistant, he shall upon finding the facts
to be as represented, issue in duplicate an occupancy permit, certifying
that the premises comply with the provisions of the chapter and may
be used for the purposes set forth in the permit, which purposes shall
conform with the requirements of this chapter. No change of use shall
be made in any building, structure, or premises, or premises now or
hereafter erected or altered that is not consistent with the requirements
of this chapter. Any person desiring to change the use of his premises
shall apply to the Zoning Officer for an occupancy permit, setting
forth under oath such facts as may be required.
(2)
A copy of the occupancy permit shall be kept at all
times upon the premises affected, and shall be displayed upon request
made by an authorized official. A record shall be kept of all occupancy
permits issued and the original applications therefor shall be kept
on file in the same manner as applications for zoning permits. No
owner, tenant, or other person shall use or occupy any building or
structure thereafter erected or altered, the use of which shall be
changed after the passage of this chapter without first procuring
an occupancy permit; provided that an occupancy permit once granted
shall continue in effect so long as there is no change of use, regardless
of change in the personnel of tenants or occupants.
B.
For existing uses.
(1)
Upon written request from the owner, tenant or occupant,
the Zoning Officer, after inspection, shall issue an occupancy permit
for an existing use legally existing at the time this chapter is made
effective, certifying the extent and kind of use and whether any such
existing use conforms with the provisions of this chapter.
(2)
No change or extensions of use, and no alterations,
shall be made in a nonconforming use or premises without an occupancy
permit having first been issued by the Zoning Officer stating that
such change, extension or alteration is in conformity with the provisions
of this chapter.
A.
Review application and appeals. The Zoning Hearing
Board may refer to the Planning Commission all applications for special
exceptions, and any other applications or appeals which in their opinion
require review by the Planning Commission.
B.
Criteria for review. The Planning Commission shall review such applications in accordance with applicable criteria set forth in § 300-40B(2) and any special requirements for the intended use.
C.
Report to the Zoning Hearing Board. The Planning Commission
may recommend approval, disapproval, or approval subject to conditions
or modifications, and shall report its findings to the Zoning Hearing
Board within 30 days of receipt thereof; such report shall state all
recommended conditions and modifications and the reasons for such
approval or disapproval.
D.
Report to governing body. Following the enactment
of this chapter the Planning Commission shall, from time to time,
prepare and file with the governing body, but in no case at less than
two-year intervals, a report on the operation of this chapter including
recommendations on the enactment of amendments, supplements or changes
thereto. The Planning Commission shall also review and report on all
proposed conditional uses referred to it by the governing body.
A.
Complaints of violations. 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.
B.
Enforcement procedures.
(1)
Enforcement notice.
(a)
If it appears to the municipality that a violation
of this chapter has occurred, the municipality 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 be mailed to the
alleged violator by certified mail and shall state at least the following:
[1]
The name of the owner of record and any other
person against whom the municipality 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 the 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 the prescribed period of time and in accordance with procedures set forth in Subsection B(3) hereof.
[6]
The failure to comply with the notice within
30 days of the date of said notice, unless extended by appeal to the
Zoning Hearing Board, constitutes a violation, with possible sanctions
clearly described.
(2)
Causes of action. 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 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 tenant, notice of that action shall be served upon
the municipality at least 30 days prior to the time the action is
begun by serving a copy of the complaint on the governing body of
the municipality. No such action may be maintained until such notice
has been given.
(3)
Appeals. Any recipient of a notice of enforcement
shall have the right to appeal to the Zoning Hearing Board to remove
such notice. Such appeals, however, must be filed with the Zoning
Hearing Board not more than 30 days following the receipt of such
an enforcement notice.
[Amended 3-10-2020 by Ord. No. 11-2020]
C.
Enforcement remedies.
(1)
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 municipality, pay a judgment of not more
than $500 plus all court costs, including reasonable attorney fees
incurred by the municipality 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 District Justice. If the defendant
neither pays nor timely appeals the judgment, the municipality 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 zoning ordinances shall be paid
over to the municipality.
(2)
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.
(3)
Nothing contained in this section shall be construed
or interpreted to grant to any person or entity other than the municipality
the right to commence any action for enforcement pursuant to this
section.
A.
The following fees shall be paid to the Zoning Officer
upon the filing of an application:
(1)
Fees for zoning permits not requiring Board action:
$40.
(2)
Zoning permits for business and outdoor advertising
signs: $50.
(3)
Occupancy permits: $25.
(4)
Applications requiring Board action, including appeals
for variances, requests for amendments, applications for special uses,
applications for rehearings on appeals and applications: $500.
B.
Fees are intended to cover the costs of advertising
and other costs of administering applications requiring Board action.
In the event that actual costs are less than the fee paid with the
application, the Borough shall refund surplus payments in excess of
$25.
