A.
In applying and interpreting the provisions of this chapter, they
shall be held to be minimum requirements adopted for the promotion
of the public health, safety, morals, comfort, convenience and general
welfare. The following specific regulations shall apply:
(1)
A
minimum required lot or yard size for one building or structure shall
not be used as any part of a required lot or yard for a second structure.
(2)
The
required lot or yard for an existing building or structure shall not
be diminished below the minimum requirements of this chapter.
(3)
The
parking spaces required for one building or structure or use shall
not be included in the computation of required parking spaces for
a second building or structure or use.
B.
Relation of Zoning Ordinance to other provisions of law and to private
covenants and agreements.
(1)
Nothing contained in this chapter shall be taken to repeal, abrogate,
annul or in any way impair or interfere with any provisions of law
or ordinance or regulations existing or as may be adopted in the future.
Nor is it intended by this chapter to interfere with or abrogate or
annul any easements, covenants or other agreements between parties.
Where this chapter imposes a greater restriction upon the use of buildings,
structures, premises, lots or land or upon the height of buildings
or structures, or requires larger lots, yards, courts or other open
spaces than imposed or required by such other provisions of law, ordinance
or regulations, or by such easements, covenants or agreements, the
provisions of this chapter shall control.
(2)
Wherever the provisions of any other law or ordinance or regulations
impose a greater restriction than this chapter, the provisions of
such other law or ordinance or regulations shall control.
(3)
No provisions contained in this chapter shall be construed as justifying
the encroachment of any building or structure within any street lines
now or hereafter laid down on the Official Borough Map.
(4)
Where a lot is formed from part of a lot already improved, the separation
must be made in such a manner as not to impair any of the provisions
of this chapter, whether related to the then-existing improvement
or to a proposed or future new improvement on the lot so formed, and
in such a manner that both the remainder of the former lot and the
new lot so formed shall comply with the lot area and lot width provisions
of this chapter.
A.
Administration. It shall be the duty of the Zoning Officer or his
designee to administer and enforce the provisions of this chapter
in accordance with its literal terms. Should the said Zoning Officer
or his designee be in doubt as to the meaning or intent of any provisions
of this chapter or as to the location of any district boundary line
on the Zoning Map or as to the propriety of issuing a zoning and building
permit in a particular case related to the provision of this chapter,
he shall appeal the matter to the Zoning Hearing Board for interpretation
and decision.
(1)
Appointment and powers of Zoning Officer or his designee. For the
administration of this chapter, a Zoning Officer or his designee,
who shall not hold any elective office in the Borough, shall be appointed.
The Zoning Officer or his designee shall meet qualifications established
by the Borough and shall be able to demonstrate to the satisfaction
of the Borough a working knowledge of municipal zoning. The Zoning
Officer or his designee shall not have the power to permit any construction
or any use or change of use which does not conform to this chapter.
The Zoning Officer or his designee may be authorized to institute
civil enforcement proceedings as a means of enforcement when acting
within the scope of his employment.
(2)
Powers and duties. If the Zoning Officer shall find that any of the
provisions of this chapter are being violated, he/she shall notify
in writing the person responsible for such violations, indicating
the nature of the violation, and ordering the action necessary to
correct it. Such action may include ordering the discontinuance of
unlawful use of land or structures, the removal of unlawful structures
or unlawful additions and alterations, the discontinuance of any unlawful
work being done, or such other action as is deemed necessary to correct
the violation. The Zoning Officer shall, with the approval of the
Borough Council or when directed by it, institute appropriate action
or proceedings in the name of the Borough to prevent, restrain, correct
or abate the violation. All of the enforcement, violations and penalty
provisions of the State Municipalities Planning Code, as amended,
are hereby incorporated into this chapter by reference. As of the
adoption date of this chapter, these provisions were primarily in
Sections 616.1 and 617.2 of such Act (53 P.S. §§ 10616.1
and 10617.2).
[Amended 3-21-2011 by Ord. No. 757]
(a)
Violations. Any person who shall commit or who shall permit
any of the following actions violates this chapter.
[1]
Failure to secure a zoning permit prior to a change in use of
land or structure, or the erection, construction or alteration of
any structure or portion thereof, or the excavation of land to prepare
for the erection, construction or alteration of any structure or portion
thereof.
[2]
Placement of false statements on or omitting relevant information
from an application for a zoning permit.
[3]
Undertaking any action in a manner which does not comply with
a zoning permit.
[4]
Violation of any condition imposed by a decision of the Zoning
Hearing Board in granting a variance or special exception or other
approval.
[5]
Violation of any condition imposed by a decision of the Borough
Council in granting a conditional use.
(b)
Enforcement; notice; evidence; causes of actions.
[1]
Enforcement. 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. Prior to sending an
official enforcement notice, the Zoning Officer may, at his/her option,
informally request compliance.
[2]
Enforcement notice. 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. An enforcement notice shall state
the following, at a minimum:
[a]
The name of the owner of record and any other person
against whom the municipality 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 Zoning 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 chapter.
[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)
Evidence; fees. In any appeal of an enforcement notice to the
Zoning Hearing Board, the Borough shall have the responsibility of
presenting its evidence first. If the Zoning Hearing Board, or any
court in a subsequent appeal, rules in the appealing party's favor,
the application fees paid by the party to the Borough to appeal an
enforcement notice to the Zoning Hearing Board shall be returned to
the appealing party by the Borough.
(d)
Causes of action. If the enforcement notice is not complied
with within the specified time period, the Zoning Officer shall notify
Borough Council. With the consent of Borough Council, the Zoning Officer,
Borough Solicitor or other officer of the Borough 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. Section 617 of the Pennsylvania Municipalities Planning
Code also addresses action by other parties.
B.
Complaints regarding violations. Whenever a violation of this chapter
occurs or is alleged to have occurred, any person may file a written
complaint. Such complaint, stating fully the causes and basis thereof,
shall be filed with the Zoning Officer or his designee. The Zoning
Officer or his designee shall record the complaint, investigate immediately
and take action thereon as provided by this chapter. The Zoning Officer
or his designee shall provide written response to the complainant
stating his factual findings regarding the alleged violation and the
follow-up actions taken.
C.
Inspection of premises. The Zoning Officer or his designee, and his
deputies and assistants, and the Police Chief and his authorized agents,
following due notification to the owner and occupant and prior arrangement
of a reasonable time acceptable to all parties, shall have the right
and authority to enter any building, structure, premises, lot or land,
whether already erected or put into use or in the course of erecting
and putting into use, for the purpose of determining whether or not
the provisions of this chapter are being complied with.
D.
Enforcement notice:
[Added 7-2-2007 by Ord. No. 706]
(1)
If it appears to the municipality that a violation of any zoning
ordinance enacted under this act or prior enabling laws has occurred,
the municipality 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 municipality 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 chapter.
(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 municipality shall have the responsibility of presenting its evidence
first.
(5)
Any filing paid by a party to appeal an enforcement notice to the
Zoning Hearing Board shall be returned to the appealing party by the
municipality if the Zoning Hearing Board, or any court in subsequent
appeal, rules in the appealing party's favor.
A.
All procedures with respect to application for and issuance of zoning and building permits shall be in conformity with the provisions of Chapter 160, Construction Codes, Uniform, the Hellertown Building Code, as amended. All such applications shall be accompanied by such other information as may be necessary to determine and provide for the enforcement of the Building Code.[1]
B.
No zoning and building permit shall be issued for the erection, construction,
reconstruction, structural alteration or moving of any building or
structure or part thereof unless the plans and intended use indicate
that such building or structure is designed and intended to conform
in all aspects to the provisions of this chapter.
C.
Completion of buildings for which permits have been issued. Nothing
in this chapter shall require any change in the plans, construction
or designated use of a building or structure for which a lawful building
permit has been issued prior to the effective date of this chapter
or any amendment thereto affecting such building or structure or the
use thereof, provided that:
(1)
The construction of such building or structure shall have been begun
and diligently prosecuted within three months from the date of such
permit.
(2)
The ground-story framework, including the second tier of beams, shall
have been completed within six months from the date of such permit.
(3)
The entire building or structure shall be completed according to
such filed and approved plans upon which the issuance of such permit
was based within three years from the effective date of this chapter
or any such amendment thereto.
Fees for zoning and building permit applications, appeals to
the Zoning Hearing Board and site plan review shall be as provided
by Borough ordinances.
[Amended 12-2-2002 by Ord. No. 645]
A.
In order to assure that certain land use proposals specified in Article IV do not negatively impact the Borough as a result of the site layout, the grant of a building permit is conditioned upon the approval of the site plan by the Borough Planning Commission under the provisions of this section. The procedure shall apply only when the use is a permitted one. When the use is a special exception, the procedures of § 450-64 shall apply.
(1)
Procedure.
(a)
The applicant shall submit four sets of the site plans to the
Zoning Officer or his designee when making application for the building
permit. The plan shall include the following information:
[1]
A statement as to the proposed use of the building or land.
[2]
A site layout drawn to a scale of not less than one inch equal
50 feet, showing the location, dimensions and height of proposed buildings,
structures or uses and any existing buildings in relation to property
and street lines. If the application relates to property which is
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 arrangements of all open spaces
and yards and buffer yards, including methods to be employed for screening.
[4]
The location, size, arrangement and capacity of all areas to
be used for motor vehicle access, off-street parking, off-street loading
and unloading and provisions to be made for lighting such areas.
[5]
The dimensions, location and methods of illumination for signs,
if applicable.
[6]
The location and dimensions of sidewalks and all other areas
to be devoted to pedestrian use.
[7]
Provisions to be made for treatment and disposal of sewage and
industrial wastes, water supply and storm drainage.
[8]
The capacity and arrangement of all buildings used or intended
to be used for dwelling purposes, including the proposed density.
[9]
A description of any proposed industrial or commercial operations
in sufficient detail to indicate effects of these operations in producing
noise, glare, air pollution, water pollution, fire hazards, traffic
congestion or other safety hazards.
[10]
Description of methods to be employed in controlling
any excess noise, air pollution, smoke, fumes, water pollution, fire
hazards or other safety hazards.
[11]
The bounds of any easements of record at the Northampton
County Recorder of Deeds Office.
[12]
Any other data deemed necessary by the Zoning
Officer or his designee to enable him to determine the compliance
of the proposed development with the terms of this chapter.
(b)
The Zoning Officer or his designee shall review the plans for
conformance to Borough zoning standards and submit the comments as
well as a set of the plans to the Borough Planning Commission and
the Borough Engineer within 10 working days.
(c)
Within 40 days of the date of the regular meeting of the Planning Commission next following the date the application is submitted, the Planning Commission shall approve or disapprove the plans at a public meeting based on the considerations contained in Subsection A(2).
[Amended 12-2-2013 by Ord. No. 783]
(d)
If the Planning Commission fails to act within the required
time period, the plans shall be deemed approved.
(e)
If the plans are disapproved, the reasons for such action shall
be written on a set of plans, which shall then be returned to the
applicant.
(f)
The applicant may appeal an unfavorable decision to the Court
of Common Pleas of Northampton County.
(2)
Site plan review criteria. The Planning Commission shall use the
following criteria in reviewing site plans:
(a)
Preservation of natural features. Insofar as practicable, natural
features on the site shall be preserved.
(b)
Building arrangement. Elements of the site plan shall be harmoniously
and efficiently organized in relation to existing desirable trees,
topography, views within and beyond the site, the size and shape of
the site, the character of adjoining property and the size of the
buildings.
(c)
Access, parking and circulation. With respect to vehicular and
pedestrian circulation, special attention shall be given to location
and number of access points, on-site circulation, separation of pedestrian
and vehicular traffic, and arrangement and location of parking areas.
The need for adequate signalization, channelization and other traffic
control measures shall be given consideration.
(d)
Surface water drainage. Measures to ensure proper site surface
drainage shall be carefully considered. Stormwater and surface water
shall be conveyed and discharged in a manner which shall not adversely
affect neighboring properties, the public storm drainage system or
on-site pedestrian and vehicular movement.
(e)
Special features. Setbacks, buffer yard and other screening
methods shall be carefully considered to minimize the visual effects
of storage areas, service areas, truck loading areas, utility structures
and similar accessory structures.
B.
However, and with respect to an application for a proposed permitted use in the M Mixed, SC Shopping Center and I Industrial Districts, as addressed in Article IV of this chapter, when the Zoning Officer or his designee finds that such a proposal does not constitute a significant departure from the previous use to which a parcel has been put, then said Officer or his designee may waive the requirements of this section and may require in their place the submission of a "sketch plan" for the review and approval of the Zoning Officer or his designee, who, in turn, shall refer said plan to the Hellertown Borough Planning Commission for review and comment. Said sketch plan submission shall contain those elements as may be stipulated by the Zoning Officer or his designee from among those several elements as required for a site plan pursuant to Subsection A(1) of this section. For these purposes, a proposal shall be considered not to constitute a significant departure from the previous use when said proposal:
(1)
Does not entail any physical modifications to the "footprint" of
any existing structures and/or the construction of any new structures.
(2)
Is not expected to generate additional traffic volumes and/or significant
changes to traffic patterns.
(3)
Is not expected to affect negatively, in any manner, the general
area in which it is to be located.
(4)
Will comply with all applicable terms of this chapter and all other
ordinances of the Borough and all pertinent state or federal statutes.
Within the districts established by this chapter or amendments
that may later be adopted there exist lots, structures and uses which
would be prohibited, regulated or restricted under the terms of this
chapter or future amendment. It is the intent of this chapter to permit
these nonconformities to continue until they are terminated. Any existing
use which is permitted by special exception in this chapter shall
be deemed to be a "conforming use" where it has met the standards
and criteria of this chapter for that special exception use.
A.
Nonconforming uses. A nonconforming use shall be changed only to a conforming use. A nonconforming use may not be changed to another nonconforming use, except as provided in Subsection F. A nonconforming use may be enlarged or extended only as a result of the natural expansion of that use up to 50% of its existing floor area if all proposed structures are in conformance with provisions of this chapter and no conforming use is displaced. If a structure used by a nonconforming use is accidentally and unintentionally damaged, it may be restored or reconstructed and used as before, provided that the floor area of such structure shall not exceed the floor area which existed prior to such damage and that it be completed within one year of such happening.
B.
Nonconforming structures.
[Amended 4-16-2012 by Ord. No. 763]
(1)
Provided,
however, that the extension of a nonconforming structure into side
yards (as said side yards may be required pursuant to provisions found
elsewhere in this chapter) shall be permitted so long as the proposed
extension is so constructed so as to constitute a continuation of
the existing side building line, but in no circumstances shall such
an extension encroach any closer than three feet to a side property
line, and, additionally, that the total lot coverage that may result
from the inclusion of the proposed extension together with the existing
structure(s) shall not exceed the maximum lot coverages as permitted
elsewhere in this chapter.
(2)
The
extension of a nonconforming structure into setback areas shall be
permitted for any and all structures made nonconforming due to a condemnation
of private property, or when a preexisting nonconforming structure
is made more nonconforming due to a condemnation of private property.
Any nonconforming structure so created or any nonconforming structure
made more nonconforming shall be permitted by right to extend into
any front yard, side yard, and/or rear yard setback to the depth of
encroachment created by the condemnation. The encroachment into a
setback area caused by a condemnation of private property shall not
be a violation of the Borough Zoning Ordinance. This section applies
immediately upon the date of taking.
C.
Nonconforming lots.
[Amended 4-16-2012 by Ord. No. 763]
(1)
Any change made in the configuration of a nonconforming lot shall be to bring such lot into conformance. A nonconforming lot may be used for the erection of a dwelling within the standards of § 450-18C.
(2)
The
requirement that a change in the configuration of a nonconforming
lot shall be to bring such lot into conformance shall not apply to
any change made in the configuration of a nonconforming lot if the
change in configuration was caused by a condemnation of private property.
In that event, the configuration of a nonconforming lot after condemnation
shall be permitted as of right immediately upon the date of taking.
E.
Registration of nonconforming uses and structures. The Zoning Officer
or his designee shall, upon adoption of this chapter, identify and
register nonconforming uses and structures in the Borough as an aid
to the enforcement of this chapter. Upon identifying a nonconformity,
the Zoning Officer or his designee shall send notice to the owner
of record that a nonconformity exists on his property and with which
provisions of this chapter it does not conform. Failure by the Zoning
Officer or his designee to identify and register a nonconforming use
or structure is not to be construed as a recognition that a use or
structure is in conformance with this chapter.
F.
Change of use. A lawfully existing nonconforming use may be changed
to another nonconforming use if, upon petition, the Zoning Hearing
Board shall have made a determination that such change will be beneficial
to the general neighborhood; and, further, provided that the nonconforming
use to which it is changed is of the same or more restricted classification
which is more appropriate to the neighborhood in which it is situated
than the original nonconforming use.
[Added 9-17-2012 by Ord.
No. 775]
A.
If it appears to the Borough that a violation of any zoning ordinance
enacted under this chapter or prior enabling laws has occurred, the
Borough shall initiate enforcement proceedings by sending an enforcement
notice as provided in this section.
B.
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.
C.
An enforcement notice shall state at least the following:
(1)
The name of the owner of record and any other person against whom
the Borough intends to take action.
(2)
The location of the property in violation.
(3)
The specific violation with a description of the requirements which
have not been met, citing in each instance the applicable provisions
of this chapter.
(4)
The date before which the steps for compliance must be commenced
and the date before which the steps must be completed.
(5)
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 this chapter. The recipient shall file an
appeal within 30 days of receipt of the enforcement notice.
[Amended 10-16-2017 by Ord. No. 820]
(6)
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.
D.
In any appeal of an enforcement notice to the Zoning Hearing Board,
the Borough shall have the responsibility of presenting its evidence
first.
E.
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.
[Amended 9-17-2012 by Ord. No. 775]
In the 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, 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 the Borough Council of the Borough. No such action
may be maintained until such notice has been given.
[Amended 7-2-2007 by Ord. No. 706; 9-17-2012 by Ord. No. 775]
A.
Any person, partnership or corporation who or which has violated
or permitted the violation of any zoning ordinance enacted under 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's 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 Magisterial District Judge. 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 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 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
Magisterial District Judge, and thereafter each day that a violation
continues shall constitute a separate violation. All judgments, costs
and reasonable attorney's fees collected for that violation of a zoning
ordinance 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.
D.
Violations and penalties.
(1)
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 the reasonable attorney's fees incurred
by the Borough as a result thereof. No judgment shall commence or
be imposed, levied or be payable until the date of the determination
of a violation by the Magisterial District Judge. 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 a 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. All judgments, costs and reasonable
attorney's fees collected for the violation of this chapter shall
be paid over to the Borough. Imprisonment shall not be authorized
by this chapter.
[Amended 3-21-2011 by Ord. No. 757]
(2)
Any unlawful activities shall constitute separate and distinct offenses
for each and every day in which said activities are conducted.
(3)
In addition to any monetary penalties involved, the Borough of Hellertown
shall revoke the zoning permit required upon conviction of any unlawful
activities.
(4)
In the event of any unlawful activities conducted by or in the name
of a corporation, partnership, joint venture, trust, firm or association,
in addition to entity liability, the officers, agents or principals
of said corporation, partnership, joint venture, trust, firm or association
shall be deemed in violation as well as the person or persons engaged
in the unlawful activity.
This chapter shall not apply to any existing or proposed building
or extension thereof used or to be used by a public utility corporation
if, upon petition, the Pennsylvania Public Utility Commission shall,
after a public hearing, decide that the present or proposed situation
of the building in question is reasonably necessary for the convenience
or welfare of the public. It shall be the responsibility of the Pennsylvania
Public Utility Commission to ensure that both the corporation and
the municipality in which the building or proposed building is located
have notice of the hearing and are granted an opportunity to appear,
present witnesses, cross-examine witnesses presented by other parties
and otherwise exercise the rights of a party to the proceedings.
Duly certified copies of this chapter and of the Zoning Map,
which forms a part hereof, together with copies of all amendments
hereof, together with copies amendments hereto, shall be filed in
the Borough Secretary's office and in the Zoning Officer's or his
designee's office and shall be open to public inspection.
