The intent of this article is to clearly define the policies
and procedures regarding municipal administration and enforcement
of this chapter.
The Bellefonte Borough Council shall appoint a Zoning Officer,
who shall meet the requirements of the Pennsylvania Municipalities
Planning Code. The Zoning Officer shall administer and enforce this chapter
in accordance with its literal terms and shall not have the power
to permit any construction or any use or change of use that does not
conform to this chapter. The duties of the Zoning Officer shall be
as follows:
A. To examine, record and file all applications for zoning permits,
with any accompanying plans and documents, and to issue such permits
only for lots, uses and structures that are in conformity with the
provisions of this chapter.
B. To receive applications for certificates of nonconforming uses, and
to investigate and issue or deny such certifications.
C. To post a schedule of fees in his or her office.
D. To receive, investigate and process all complaints and to notify
persons of any violations of provisions of this chapter.
E. To conduct inspections of property for which zoning permits have
been issued to ascertain if the construction or use is in conformity
with the provisions of the permit.
F. To maintain and present upon request zoning-related public records,
documents and materials.
G. To be responsible for keeping current copies of this chapter and
the Official Zoning Map for distribution to the public.
H. To present to the Zoning Hearing Board, in each case appearing before
the Board, all relevant facts and arguments in support of the Borough's
position, interpretation and procedures in the application of the
provisions of the Zoning Ordinance.
I. To institute civil enforcement proceedings as a means of enforcement
when acting within the scope of the Zoning Officer's employment.
J. To perform other duties in the administration and enforcement of
this chapter as may be directed or as required by this chapter or
the Pennsylvania Municipalities Planning Code.
The Bellefonte Borough Council shall establish, by resolution,
a schedule of fees and a collection procedure for all zoning matters
provided for by this chapter or the Pennsylvania Municipalities Planning
Code. The schedule of fees shall address all applications made pursuant
to this chapter, including those to be considered by the Borough Council,
Planning Commission, Zoning Hearing Board, and/or the Zoning Officer.
Upon completion of the erection, extension or alteration of
a structure, inside or out, or upon fulfilling the requirements of
a change in use for which a zoning permit was issued, the applicant
shall apply for a certificate of occupancy. The structure or the use
for which the zoning permit was issued may not be occupied or otherwise
used until a certificate of occupancy has been issued by the Zoning
Officer.
A. Within 15 days of an application for a certificate of occupancy,
the Zoning Officer or his designated agent shall inspect the premises
and determine if the action taken complies with the regulations of
this chapter. If it does, a certificate of occupancy shall be issued
within the fifteen-day time limitation.
B. If the action fails to comply with the regulations of this chapter,
the Zoning Officer shall notify the applicant, in writing, of the
denial of a certificate of occupancy and shall state the provision
of this chapter with which the action does not comply. The applicant
may correct the defects cited in the denial of the Zoning Officer
for a certificate of occupancy. If, upon notification by the applicant
and inspection of the premises, the Zoning Officer finds that the
defects have been corrected and that no additional defects have been
created, a certificate of occupancy shall be issued within two working
days.
C. Failure of the Zoning Officer properly to grant or deny an occupancy
permit in the manner and time period stipulated above shall constitute
approval of the application for a certificate of occupancy, and the
premises may be occupied or otherwise used as stipulated in the zoning
permit.
D. Temporary certificate of occupancy. A temporary certificate of occupancy
may be issued in the manner prescribed above pending the completion
of a structure or the fulfillment of requirements for a change in
use to allow for partial occupancy and upon the posting of a bond
or certified check in an amount equal to the Zoning Officer's estimate
of work remaining to be completed for a permanent certificate. The
certificate shall be valid only until such time as the action for
which the zoning permit was issued is complete or for a period of
six months after issuance, whichever is less.
E. Upon expiration of the temporary certificate of occupancy, the applicant
shall apply for a permanent certificate of occupancy, or in case the
action remains incomplete, may apply for one additional temporary
certificate of occupancy. If the action remains incomplete after all
additional temporary certificates have expired, the Zoning Officer
shall use the proceeds of the bond or certified check to complete
the necessary work. Any costs incurred by the Borough over and above
the amount of the bond or certified check shall be paid by the zoning
permit holder prior to occupying the structure or otherwise using
the land.
A site plan, as described below, shall accompany all applications
for a zoning permit whenever such applications propose the following:
A. A proposed use or structure located in or within 100 feet of a floodplain,
as stipulated in the Bellefonte Borough Floodplain Ordinance.
B. A proposed use or structure on steep slopes, as defined herein.
C. A proposed use required to have a parking lot.
D. Whenever development is proposed involving the location of two or
more primary uses or structures on a single lot, including but not
limited to apartment complexes, mobile home parks, shopping centers,
and industrial parks.
E. Any highway commercial or industrial use.
F. A potable water well pump station facility in a residential zone.
Four copies of the site plan shall be submitted to the Zoning
Officer along with the application for a zoning permit. The site plan
shall be drawn to a scale of one inch equals 50 feet or larger (one
inch equals less than 50 feet) and contain the following written and
graphic information:
A. The name of the proposed development, identification by Centre County
Tax Map parcel number, the name and address of the legal owner of
the property (and equitable owner, if any), proof of ownership, and
the individual or firm preparing the site plan.
B. Date of the application for a zoning permit.
D. North point (specified as true or magnetic).
E. Key map at a scale of one inch equals 400 feet, showing streets and
roads, buildings, and motor vehicle access within 500 feet from the
exterior boundary of the lot.
F. Total size of the property and each lot and/or area to be leased.
G. The proposed use of the property.
H. Topographic contour lines for existing and design finish grades drawn
at vertical intervals of five feet, including elevation of each ten-foot
interval.
I. The total tract boundary with distances marked to at least the nearest
foot.
J. Location of the front, side and rear yard setback areas as required
by the applicable zoning district.
K. All existing and proposed structures, showing location and a statement
of the ground-floor area, any retail and service floor area, and height
of each.
L. All streams, floodplain boundaries, and slopes of 25% or more.
M. Location of all existing and proposed utilities and their easements,
including those within 50 feet of the boundaries of the site plan.
N. All existing and proposed street rights-of-way and cartways, including
those abutting the property.
O. All existing and proposed points of motor vehicle access to the property.
P. All existing and proposed parking, loading spaces, and parking lots,
and a statement of the surfacing materials to be used, and the calculations
used to determine the number of required parking spaces.
R. The location, intensity and light pattern produced by all outdoor
light fixtures.
S. The location, caliper, height and/or foliage, as appropriate, and
generic names of vegetation to be used for landscaping.
T. The location of all buffer yards required by this chapter.
U. For development proposed within the floodplain, the following shall
be required:
(1)
All stormwater management controls required by the Bellefonte
Stormwater Management Ordinance.
(2)
Soil and sedimentation control plan in accordance with 25 Pa.
Code Chapter 102, "Erosion and Sediment Control."
(3)
A statement of existing soil types.
V. The location and cross section of all sidewalks and curbing required
by this chapter.
W. A statement of general utility information, and information required
by Act 172 of 1986 (73 P.S. § 176 et seq.), as amended.
X. A space labeled "Approved by" for the signature of the Zoning Officer,
and a space for the date of such approval.
Y. The location, face area, and height of signs as regulated by the Bellefonte Borough Sign Ordinance (see Article
XXI).
Z. A statement of current zoning classification of the lands.
AA. A space labeled "Approved by" for the signature of the Fire Chief
and the Borough Engineer, and a space for the date of each such approval.
BB. A statement of the existing building coverages, proposed building
coverages, and maximum building coverages (as allowed by the applicable
zoning district), and a statement of the existing impervious coverages,
proposed impervious coverages, and maximum impervious coverages (as
allowed by the applicable zoning district).
CC. Two sections through the site showing buildings, light fixtures,
and standards; one section to be from side yard to side yard, and
the other section to be from front yard to rear yard.
DD. Photographs or sketches of the front elevations for all buildings
proximate to the new building or addition.
EE. The following certification by the applicant's professionally licensed
engineer: "I, ____________________, hereby certify that this site
plan meets all design requirements of the Bellefonte Borough Zoning
Ordinance," and the professional licensed engineer's seal affixed
to the plan.
FF. Signed, notarized statement by the owner certifying ownership of
the property.
Failure to comply with any provisions of this chapter shall
be a violation of this chapter.
A. Complaints regarding violations. Whenever a violation of this chapter
occurs, or is alleged to have occurred, any person may file a complaint
with the Zoning Officer stating fully the causes and basis thereof.
The Zoning Officer shall record such complaint, investigate, and take
appropriate action as provided by this chapter.
B. Notice of violation. If the Zoning Officer finds that any provision
of this chapter has been violated, he or she shall initiate enforcement
proceedings by sending an enforcement notice as provided for by the
Pennsylvania Municipalities Planning Code.
C. Penalties. Penalties and remedies for violations of this chapter
are stipulated in the Pennsylvania Municipalities Planning Code.
Any appeal from a decision or action of Council or of any officer
or agency of the Borough in matters pertaining to this chapter shall
be made in accordance with the Pennsylvania Municipalities Planning
Code.
The regulations, restrictions, and district boundaries set forth
in the ordinance may, from time to time, be amended through action
of Council in the manner provided by the Pennsylvania Municipalities
Planning Code.