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.
A.
Hereafter, no development, as defined in § 130-6 herein, may be undertaken, no land use may be established or changed and no structure or building may be erected, constructed, reconstructed, altered, razed or removed or changed in use until a zoning permit has been secured from the Zoning Officer. In the instances where a building permit is required and applied for, such application shall be considered for both the building permit and the zoning permit.
B.
All applications for construction or development,
whether preceded by subdivision approval, or land development approval
shall be reviewed for completeness and compliance with the standards
in this chapter. Applicants shall be responsible for all costs associated
with the review of any such application including, but not limited
to, costs incurred by architects, attorneys, engineers, geologists,
land surveyors, landscape architects or planners.
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.
(2)
The applicable provisions of § 130-28G(5) shall dictate.
A.
No building or structure shall be erected, added to, or structurally
altered, except for a fence or landscape wall four feet or less in
height, or retaining wall three feet in height or less, until a permit
therefor has been issued by the Zoning Officer. This is in addition
to any building permits required under the Pennsylvania Construction
Code Act. No permit shall be issued for any building where said construction,
addition or alteration of use thereof would be in violation of any
of the provisions of this chapter, except after written order from
the Zoning Hearing Board granting a variance. Any building permit
issued in conflict with the provisions of this chapter shall be null
and void.
[Amended 5-17-2016 by Ord. No. 544]
B.
All applications for building permits shall be accompanied
by plans, in duplicate, drawn to scale, showing the actual dimensions
and shape of the lot to be built upon, the exact sizes and locations
on the lot of buildings already existing, if any, and the location
and dimensions of the proposed building or alteration. The application
shall include such other information as lawfully may be required by
the Zoning Officer, including existing or proposed buildings or alteration,
existing or proposed uses of the building and land, the number of
families, housekeeping units or rental units the building is designed
to accommodate, conditions existing on the lot, and such other matters
as may be necessary to determine conformance with and provide for
the enforcement of this chapter.
C.
In approving an application for a building permit,
the Zoning Officer may require such changes in plans for construction,
addition or alteration or use of such buildings or lots as may be
necessary to assure compliance with this chapter.
D.
A building permit for any building or use may be revoked
and withdrawn by the Zoning Officer if the holder of the building
permit has failed to comply with the requirements of this chapter
or with any conditions attached to the issuance of the permit, and
the holder of the building permit may be subject to penalties as provided
by this chapter.
E.
The Zoning Officer shall act upon an application for
a building permit no later than 30 days after receiving the application.
F.
One copy of the plans shall be forwarded to the Building
Official by the Zoning Officer after the Zoning Officer shall have
marked such copy either as approved or disapproved and attested to
the same by his or her signature on such copy. The second copy of
the plans, similarly marked, shall be retained by the Zoning Officer.
G.
Expiration of permit. The permit described herein
shall expire on the same terms and conditions as set forth in the
Pennsylvania Construction Code Act.
H.
All buildings for which permits have been obtained
and the construction of which has begun or for which a contract or
contracts have been let pursuant to a permit issued prior to the effective
date of this chapter may be completed and used in accordance with
the plans on which said permit was granted.
I.
The provisions of this section are intended to set
forth a basic zoning review of activities which require a building
permit. The review and procedures set forth herein are in addition
to, and not in place of, any review or procedures or requirements
as set forth in the Building Code.
A.
Enforcement notice.
(1)
If it appears to the Borough that a violation
of any zoning ordinance enacted under the Pennsylvania Municipalities
Planning Code, Act 247, as amended, or prior enabling laws has occurred,
the Borough shall initiate enforcement proceedings by sending an enforcement
notice as provided in this section.
(2)
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.
(3)
An enforcement notice shall state at least the
following:
(a)
The name of the owner of record and any other
person against whom the Borough intends to take action.
(b)
The location of the property in violation.
(c)
The specific violation with a description of
the requirements which have not been met, citing in each instance
the applicable provisions of the ordinance.
(d)
The date before which the steps for compliance
must be commenced and the date before which the steps must be completed.
(e)
That the recipient of the notice has the right
to appeal to the Zoning Hearing Board within a prescribed period of
time in accordance with procedures set forth in the ordinance.
(f)
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.
(4)
In any appeal of an enforcement notice to the
Zoning Hearing Board, the Borough shall have the responsibility of
presenting its evidence first.
(5)
Any filing fees paid by a party to appeal an
enforcement notice to the Zoning Hearing Board shall be returned to
the appealing party by the Borough if the Zoning Hearing Board, or
any court in a subsequent appeal, rules in the appealing party's favor.
A.
Any person, partnership or corporation who or which
has violated or permitted the violation of the provisions of this
Zoning Ordinance 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 the ordinance 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 Borough whose
ordinance has been violated.
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.
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.
