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.[1] 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.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
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.
A. 
Where prescribed by this chapter, applicants shall fulfill the following presubmission requirements to ensure that any potential negative impacts associated with certain development activities are properly identified and mitigated by providing a forum for discussions between the applicant and the municipality. In instances where a presubmission conference is required, a meeting between the municipal staff and the applicant shall be held prior to the submission of a formal plan. The owner, equitable owner, and/or the owner's agent shall request such a conference with the municipal Zoning Officer, the purpose of which shall be as follows:
(1) 
To allow the petitioner to submit unofficial preliminary studies of the concept of the proposed development for tentative review, comments and recommendations.
(2) 
To review the Zoning Ordinance as it may relate to the proposed development.
(3) 
To determine whether the proposal may have an undue adverse impact on the surrounding neighborhood.
(4) 
To identify strategies to mitigate such impacts.
B. 
The applicant shall, at a minimum, present a sketch plan detailing the development proposal and a document identifying potential impacts and detailing a strategy to mitigate said impacts. The municipality may identify other potential impacts to be addressed prior to plan approval.
A. 
Permits required. A zoning permit shall be required prior to the erection, extension or alteration of any structure or portion thereof and prior to the use or change in use of a structure or land. No zoning permit shall be required for normal maintenance activities and minor repairs that do not constitute an erection, extension or alteration as herein defined. Nor shall a zoning permit be required for a change from one permitted use to another when such new use must meet the same zoning requirements as the old use. No permit shall be granted by the Zoning Officer for any purpose except in compliance with the provisions of this chapter or, upon appeal, in compliance with a decision of the Zoning Hearing Board or the courts.
B. 
Application for zoning permits. To apply for a zoning permit, the applicant shall submit an application for a zoning permit to the Zoning Officer along with all required fees. When required by this chapter, site plans and other information shall accompany the application.
C. 
Review of application. All applications for zoning permits shall be granted or denied by the Zoning Officer within 30 days from the date of receipt of the applications and fees for such. Whenever a site plan is required as a part of the application process, the applications shall be granted or denied by the Zoning Officer within 60 days from the date of receipt of the site plan and fees for such. The Zoning Officer shall notify the applicant in writing of all action taken on the application for a zoning permit within said period. If the application is denied, such notifications shall specify the provisions of this chapter with which such application does not comply. Furthermore, the Zoning Officer shall notify the applicant of procedures for appealing the denial. If for any reason the Zoning Officer fails to notify the applicant of all action taken within such period as herein specified, the application shall be considered approved as submitted.
D. 
Permit expiration. A zoning permit shall be valid for a period of 12 months from the day of issuance or until a certificate of occupancy is issued, whichever is first. A permit may be extended by the Zoning Officer, upon proper application and payment of fees, for a period not to exceed six months.
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.[1]
[1]
Editor's Note: See Ch. 307, Flood Hazard Areas.
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.
C. 
Graphic scale.
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.
Q. 
Fire lane locations.
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.[1]
[1]
Editor's Note: See Ch. 490, Stormwater Management.
(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.