The provisions of this chapter shall be administered
and enforced by the Zoning Officer. The Zoning Officer shall be appointed
by the Borough Council and shall hold no other office in the Borough.
It shall be the duty of the Zoning Officer, and he/she is hereby given
the power and authority, to:
A. Receive and examine all applications for zoning permits.
B. Review zoning permit applications for compliance with
the provisions of this chapter, all other applicable ordinances and
with all federal, state, county, and local laws and regulations which
are relevant to the subject property.
C. Process zoning permit applications for all permitted
uses and issue permits only where there is compliance with the provisions
of this chapter, with other Borough ordinances, and with the laws
and regulations of the county, commonwealth and federal governments.
Permits for uses requiring a special exception or variance shall be
issued only upon order of the Zoning Hearing Board and provided that
the applicant meets all other requirements of this chapter. Permits
requiring approval by the Borough Council shall be issued only after
receipt of approval from the Borough Council and provided that the
applicant meets all other requirements of this chapter.
D. Receive applications for conditional uses, curative
amendments and zoning changes, and forward them to the Borough Council,
the Planning Commission, or other appropriate bodies.
E. Receive applications for special exceptions and variances
and forward these applications to the Zoning Hearing Board for action
thereon.
F. Following the refusal of a permit, to receive applications
for interpretation, appeals, and variances and forward these applications
to the Zoning Hearing Board for action thereon.
G. Conduct investigations to determine compliance or
noncompliance with the terms of this chapter. The Zoning Officer or
his/her representative may enter any Borough property, provided that
the property owner receives prior notification.
H. Enforce the provisions of this chapter by the issuance
of enforcement notices or by other means. Such written orders shall
be served personally or by registered mail upon the persons, firms,
or corporations deemed by the Zoning Officer to be violating the terms
of this chapter.
I. Institute civil enforcement proceedings as a means
of enforcement when acting with the approval or direction of the Borough
Council.
J. Maintain a map or maps showing the current zoning
classifications of all land in the Borough.
K. Keep a permanent record of all plans and applications
for permits and all permits issued with notations as to special conditions
attached thereto.
L. Revoke any order or zoning permit issued under mistake
of fact or contrary to the law or the provisions of this chapter.
M. Enlist the assistance of other municipal agents and
agencies in performing these responsibilities.
N. Present relevant facts, records, and similar information
to the Planning Commission, Zoning Hearing Board, or Borough Council
upon request.
For penalty provisions, see §
275-102.
[Added 1-16-2009 by Ord. No. 2009-02]
Any action authorized pursuant to a permit issued pursuant to §§
275-71 (regarding zoning permits), 275-72 (regarding certificate of occupancy), 275-73 (regarding use registration permits) and/or 275-74 (regarding sign permits) shall be commenced within two years after the date of issuance of the relevant permit. If not, the permit shall be considered null and void.
[Added 6-15-2010 by Ord. No. 2010-03]
In the event that an applicant shall commence construction,
demolition, use or occupancy without first obtaining all required
permits and all necessary certificates as required under this chapter,
the amounts of the permit fees, as otherwise established by the fee
schedule adopted by resolution of the Borough Council, shall be increased
by the greater of a) $100; or b) an amount equal to double the original
application fees which were to have been paid for the required permit;
plus any costs incurred by the Borough, including legal, engineering
and administrative costs incurred in securing compliance.