A.
Position established.
(1)
The provisions of this chapter shall be enforced by
an agent to be appointed by the Borough Council who shall be known
as the "Zoning Officer." The Zoning Officer shall not hold any elective
office in the Borough.
(2)
The Zoning Officer shall meet qualifications established
by the Borough and shall be able to demonstrate to the satisfaction
of the Borough Council a working knowledge of municipal zoning. At
a minimum, he/she shall possess a certificate of completion from the
Pennsylvania Department of Community and Economic Development for
attending a workshop for zoning officers within six months of appointment
as Zoning Officer. Beyond that, the Zoning Officer shall be required
to attend one such workshop per year during the time he/she is Zoning
Officer.
B.
Compensation. The compensation for the Zoning Officer
shall be determined by the Borough Council.
C.
Duties and responsibilities. The Zoning Officer shall
have all the duties and powers conferred by this chapter, in addition
to those reasonably implied for that purpose. He/she shall not issue
a permit in connection with any contemplated erection, construction,
alteration, repair, extension, replacement and/or use of any building,
structure, sign and/or land unless it first conforms to the literal
requirements of this chapter, all other ordinances of the Borough
and with the laws of the Commonwealth of Pennsylvania. The Zoning
Officer is authorized to institute civil enforcement proceedings as
a means of enforcement when acting within the scope of his/her employment.
The Zoning Officer shall:
(1)
Receive and check all applications for zoning permits
and certificates of zoning compliance and make notations as to special
conditions attached thereto.
(2)
Issue zoning permits and certificates of zoning compliance
only for construction and uses which are in accordance with the regulations
of this chapter and subsequent amendments; or through the Borough
Council for conditional uses; or through the Zoning Hearing Board;
or through court approval. Zoning permits and certificates of zoning
compliance shall not be issued where the request concerns a lot, parcel
or tract in a subdivision required to be approved under applicable
subdivision and land development regulations, which subdivision or
development has not had the required approval.
(3)
Record and file all applications for zoning permits
and certificates of zoning compliance together with accompanying plans
and documents. All records shall be open to public inspection.
(5)
Maintain a register showing the registration, identity
and location of nonconforming uses, structures and lots, together
with the reasons why they have been identified as nonconformities,
and issue certificates of nonconformance for all such nonconformities.
The Zoning Officer shall also examine such nonconforming uses, structures
and lots periodically to determine whether their status has changed.
(6)
Participate in all proceedings before the Zoning Hearing
Board and the Planning Commission at their request and furnish such
facts, records and similar information which will assist such bodies
in reaching their decisions.
(7)
When the Zoning Hearing Board, or the Borough Council
in the case of a conditional use, schedules a public hearing on any
application over which it has jurisdiction, the Zoning Officer shall
conspicuously post a notice of said hearing on the affected property.
(8)
When a proposed amendment to the Zoning Map is to
be considered by the Borough Council, the Zoning Officer shall conspicuously
post notice of said public hearing along the perimeter of the tract
not more than 100 feet apart and at least one week prior to the date
of the hearing to notify potentially interested citizens.
(9)
Issue an enforcement notice in writing to the owner
of record of the parcel on which the violation of this chapter has
occurred, to any person who has filed written request to receive enforcement
notices regarding the parcel and to any other person requested in
writing by the owner of record. Such written notification may be served
personally or by certified mail and shall contain all information
required by this article.
(10)
Institute legal proceedings before the Magisterial
District Judge for the enforcement of the provisions of this chapter.
(11)
Submit a monthly report to the Borough Council
of all permits and certificates of zoning compliance issued and violations
and stop-work orders recommended or promulgated.
A.
Requirements. It shall be unlawful to commence the
excavation for or the construction or erection of any building, including
an accessory building, or to commence the moving or alteration of
any building, including an accessory building, until the Zoning Officer
has issued a zoning permit for such work. No permit shall be required
for the repair, maintenance or interior remodeling of any building,
structure or grounds, provided that such repairs, maintenance or remodeling
does not change the use or otherwise violate the provisions of this
chapter.
B.
Form of application. The application for a permit
shall be submitted in such form as the Zoning Officer may prescribe
and shall be accompanied by the required fee as hereinafter prescribed.
Application shall be made by the owner or lessee of any land, building
or structure, or the agent of either; provided, however, that if the
application is made by a person other than the owner or lessee, it
shall be accompanied by a written authorization of the owner or the
qualified person making an application that the proposed work is authorized
by this owner. The full names and addresses of the owner, lessee and
applicant and of the responsible officers, if the owner or lessee
is a corporate body, shall be stated in the application.
C.
Description of work. The application shall contain
a general description of the proposed work, use and occupancy of all
parts of the building, structure, land or sign and such additional
information as may be required by the Zoning Officer. The application
for the permit shall be accompanied by a plot plan of the proposed
building, structure, use or sign drawn to scale with sufficient clarity
to show the nature and character of the work to be performed, including
off-street parking and loading space, if required, the location of
new and existing construction and the distances of the same from the
existing lot lines.
D.
Issuance of zoning permit. Upon receiving the application,
the Zoning Officer shall examine the same within a reasonable time
after filing. If the application or plans do not conform to the provisions
of all pertinent local laws, he/she shall reject such application
in writing, stating the reasons therefor. He/she shall inform the
applicant of his right of appeal to the Zoning Hearing Board in the
event such application is rejected. If satisfied that the proposed
work and/or use conforms to the provisions of this chapter and all
laws and ordinances applicable thereto, he/she shall issue a permit
therefor as soon as practical.
E.
Notice of starting work. The Zoning Officer shall
be given at least 24 hours' notice by the owner or applicant prior
to commencement of work at the site, which will have a zoning permit
properly posted.
F.
Expiration of permit. The permit shall expire after
one year from the date of issuance unless work at the site has commenced
within such period, but, in any case, all work must be completed within
two years. If the work for which the permit has been granted has not
been started within one year from the granting of such permit or if
the work has not been completed within two years, the Zoning Officer
shall cancel the permit and shall give written notice thereof to the
applicant stating that further work shall not proceed unless and until
a new zoning permit has been obtained.
G.
Completion of work. Upon completion of the construction,
erection or alteration of any building, structure or portion thereof
authorized by any zoning permit obtained in compliance with this chapter,
and prior to use or occupancy, the holder of such permit shall notify
the Zoning Officer of such completion. Use and occupancy shall not
be authorized until the Zoning Officer has certified that the work
has been inspected and approved as being in conformity with this and
other applicable ordinances and has issued a certificate of zoning
compliance as provided below.
H.
Revocation of permits. The Zoning Officer may revoke
a permit or approval issued under the provisions of this chapter in
case of any false statement or misrepresentation of fact in the application
or on the plans on which the permit or approval was based or for any
other cause set forth in this chapter.
I.
Posting of permit. A true copy of the permit shall
be kept on the site of operations open to public inspection during
the entire time of prosecution of the work or use and until the completion
of the same as defined on the application.
A.
Requirements. It shall be unlawful to use and/or occupy
any structure, building, sign and/or land or portion thereof for which
a permit is required herein until a certificate of zoning compliance
for such structure, building, sign and/or land or portion thereof
has been issued by the Zoning Officer.
B.
Time of application. When the use of premises involves
a new building or structure or additions to an existing building or
structure, the application for zoning compliance shall be made at
the same time application is made for a zoning permit. When no construction
or alteration is involved, application to occupy and use land may
be made at any time.
C.
Form of application. The application for a certificate
of zoning compliance shall be in such form as the Zoning Officer may
prescribe. The application shall contain the intended use and/or occupancy
of any structure, building, sign and/or land or portion thereof for
which a permit is required herein.
D.
Issuance of certificate of zoning compliance. The
Zoning Officer shall inspect any structure, building, sign and/or
use of land within 10 days upon notification that the proposed work
that was listed under the permit has been completed, and if satisfied
that the work is in conformity and compliance with the work listed
in the issued permit and all other pertinent laws, he/she shall issue
a certificate of zoning compliance for the intended use listed in
the original application. The certificate of zoning compliance or
a true copy thereof shall be kept available for official inspection
at all times.
A.
Enforcement. The construction, erection, replacement,
alteration, repair, extension and/or use of any structure, building,
sign and/or land or the change of use, area of use, percentage of
use or extension or displacement of the use of any structure, building,
sign and/or land without first obtaining a permit or the use of any
building, structure, sign and/or land without receipt of a certificate
of zoning compliance or the failure to comply with any other provisions
of this chapter are hereby declared to be violations of this chapter.
B.
Enforcement notice.
(1)
If it appears to the Borough that a violation of this
chapter 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 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 this chapter.
(d)
The date before which the steps for compliance
must be commenced and the date before which the steps must be completed.
(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.
C.
Cause of action.
(1)
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 Borough
Council or, with the approval of the 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, structures, landscaping or land, or to prevent,
in or about such premises, any act, conduct, business or use constituting
a violation.
(2)
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 the Borough.
(3)
No such action may be maintained until such notice
has been given.
D.
Jurisdiction. Magisterial District Judges shall have initial jurisdiction over proceedings brought under Subsection E below.
E.
Enforcement remedies.
(1)
Penalties for offenses.
(a)
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 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.
(b)
No judgment shall commence or be imposed, levied
or payable until the date of the determination of a violation by the
Magisterial District Judge.
(c)
If the defendant neither pays nor timely appeals
the judgment, the Borough may enforce the judgment pursuant to the
applicable rules of civil procedure.
(d)
Each day that a violation continues shall constitute
a separate violation, unless the Magisterial District Judge, determining
that there has been a violation, further determines that there was
a good faith basis for the person, partnership or corporation violating
this 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 Magisterial District Judge, and thereafter each day that a
violation continues shall constitute a separate violation.
(e)
All judgments, costs and reasonable attorneys'
fees collected for the violation of this chapter shall be paid over
to the Borough.
(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 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.
A.
No permit to begin work for the erection, construction,
alteration, repair, extension, replacement and/or use of any building,
structure, sign and/or land for construction or use purposes shall
be issued until the fees prescribed shall be paid to the Zoning Officer.
The payment of fees for permits and certificates under this section
shall not relieve the applicant or holder of said permit from payment
of other fees that may be required by this chapter or any other ordinance
or law.
B.
Specific fees for the permits and certificates authorized
below shall be set from time to time by resolution of the Borough
Council:
