The provisions of this chapter shall be administered
and enforced by a Zoning Officer who shall be appointed by the Council.
It shall be the duty of the Zoning Officer and he shall have the power
to:
A. Receive and examine all applications for building
permits and certificates of occupancy.
B. Process applications for building and zoning permits
and certificates of occupancy and compliance for all permitted uses.
C. Issue permits only where there is compliance with
the provisions of this chapter, with other Borough ordinances and
with the laws of the commonwealth. Permits for construction of uses
requiring special exception or variance shall be issued only upon
order of the Zoning Hearing Board. Permits requiring approval by the
Council shall be issued only after receipt of approval from the Council.
D. Receive applications for special exceptions and variances
and forward these applications to the Zoning Hearing Board for action
thereon.
E. Following refusal of a permit, receive applications
for interpretations, appeals and variances and forward these applications
to the Zoning Hearing Board for action thereon.
F. Conduct inspections and surveys to determine compliance
or noncompliance with the terms of this chapter.
G. Issue stop, cease and desist orders and order, in
writing, correction of all conditions found to be in violation of
the provisions of this chapter. Such written orders shall be served
personally or by certified mail upon persons deemed by the Zoning
Officer to be violating the terms of this chapter. It shall be unlawful
for any person to violate any such order issued lawfully by the Zoning
Officer, and any person violating any such order shall be guilty of
a violation of this chapter.
H. With the approval of the Council or when directed
by Council to institute in the name of the Borough any appropriate
action or proceedings to prevent unlawful erection, construction,
reconstruction, alteration, repair, conversion, maintenance or use,
to restrain, correct or abate such violation, so as to prevent the
occupancy of or use of any building, structure, or land, or to prevent
any illegal act, conduct, business or use in or about such premises.
I. Revoke any order to zoning permit issued under a mistake
of fact or contrary to the law or the provisions of this chapter.
J. Record and file all applications for building permits
and certificates of occupancy with accompanying plans and documents.
All applications, plans and documents shall be a public record.
K. Maintain a map or maps showing the current zoning
classification of all land in the Borough.
L. Compile and maintain a record of all nonconforming
uses in the Borough.
In those instances where a zoning or temporary
use permit is applied for, as set forth in this article, the application
shall be made, in writing, by the owner, tenant, vendee under contract
or sale or authorized agent on a form supplied by the Borough and
shall be filed with the Zoning Officer.
A. The application shall include the following information:
(1)
A statement as to the proposed use of the building
or land.
(2)
A site layout, drawn to scale, showing the location,
dimensions and height of proposed buildings, structure or uses and
any existing buildings in relation to property and street lines. If
the application relates to property scheduled to be developed in successive
stages, such plans shall show the relationship of the portion scheduled
for initial development to the proposed layout of the entire property.
(3)
The location, dimensions and arrangement of
all open spaces and yards, including methods to be employed for screening.
(4)
The location, size, arrangement and capacity
of all areas to be used for motor vehicles access, off-street parking,
off-street loading and unloading and provisions to be made for lighting
such areas.
(5)
The dimensions, locations and methods of illumination
for signs, if applicable.
(6)
The locations and dimensions of sidewalks and
all other areas to be devoted to pedestrian use.
(7)
The provisions to be made for treatment and
disposal of sewage and industrial wastes, water supply and stormwater
management.
(8)
The capacity and arrangement of all buildings
used or intended to be used for dwelling purposes, including the proposed
gross and net density in terms of the number of dwelling units per
acre of land.
(9)
A description of any proposed industrial or
commercial operations in sufficient detail to indicate effects of
those operations in producing noise, glare, air pollution, fire hazards,
traffic congestion or other safety hazards.
(10)
A description of methods to be employed in controlling any excess noise, air pollution, smoke, fumes, water pollution, fire hazards or other safety hazards in order to comply with applicable performance standards of Article
VII of this chapter.
(11)
Any other data deemed necessary by the Zoning
Officer to enable him/her to determine the compliance of the proposed
development with the terms of this chapter.
B. It is recognized that the information required above
for zoning permit applications may be duplicative of that required
of the building permit applicant by other sections of this article.
The Zoning Officer, in his discretion, may consider a single application
as satisfying the requirements of this section and other sections
regarding building permit applications.
C. Temporary use permits.
(1)
Temporary use permits shall be required for
the following uses:
(a)
Carnivals, circuses and street fairs;
(b)
Sidewalk sales or special event sales;
(c)
Seasonal sale of locally grown produce;
(e)
Grand openings for commercial uses.
(f)
Multi-day, multifamily yard sales.
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 any ordinance
enacted under the Pennsylvania Municipalities Planning Code, Act 247,
as amended, or prior enabling laws, Borough Council or, with the approval
of 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 Borough Council. No
such action may be maintained until such notice has been given.