It is the purpose of these regulations to prescribe the procedures
for administration of this chapter. Nothing contained within this
article shall be interpreted as limiting the adoption of Borough administrative
regulations which would supersede required procedures listed herein.
A.
Administration. The duty of administering and enforcing the provision
of this chapter is hereby conferred upon the Borough Zoning Officer,
who shall have such powers as are conferred on him by this chapter
and are reasonably implied for that purpose. The Zoning Officer shall
establish from time to time, by and with the consent of the Borough
Council, such rules and regulations as may be deemed necessary to
the proper exercise of the authority and powers conferred upon the
said Zoning Officer under the provisions of this chapter.
B.
Duties. The duties of the Zoning Officer (and his duly authorized
representatives) shall be:
(1)
To examine all applications for permits.
(2)
To issue permits only for construction and uses which are in accordance
with the regulations of this chapter and other applicable ordinances
as may be subsequently amended.
(3)
To record and file all applications for permits with the accompanying
plans.
(4)
To issue permits for uses by special exception only after such uses
and buildings are approved by the Zoning Hearing Board in accordance
with the regulations of this chapter.
(5)
To receive all required fees and issue all necessary stop orders.
(6)
Upon the request of the Planning Commission or Zoning Hearing Board,
to present to such body, facts, records and any similar information
on specific requests to assist such body in reaching its decision.
C.
Appeal. Any appeal from a decision or action of the Zoning Officer shall be made directly to the Zoning Hearing Board in accordance with Article XI of this chapter.
D.
Notification of violation. If the Zoning Officer shall find that
any of the provisions of this chapter are being violated, he shall
notify, in writing, the person responsible for such violation, indicating
the nature of the violation and ordering the action necessary to correct
it. He shall order the discontinuance of illegal use of land, a building
or structure; the removal of illegal buildings or structures or of
additions, alterations or structural changes thereto; and the discontinuance
of any illegal work being done; or shall take any other action authorized
by this chapter to ensure compliance with or prevent a violation of
its provisions.
A.
Occupancy permits.
(1)
No use of vacant land, other than agricultural use, shall be made
and no building or structure hereafter erected or structurally altered
shall be occupied or used until a certificate of use, occupancy and
compliance shall have been issued by the Zoning Officer. A similar
certificate of occupancy and compliance shall be applied for and shall
be issued before an existing use of a building, structure or land
shall be changed. There shall be no charge for the certificate of
occupancy.
[Amended 11-5-1975 by Ord. No. 1179]
(2)
A certificate of occupancy shall state that the building or proposed
use of a building or land complies with all laws and ordinances and
with the regulations of this chapter. It shall be applied for simultaneously
with the application for a building permit, and shall be issued upon
examination of the completed structure and certification by the Zoning
Officer within 10 days after the erection or structural alteration
of such building or part thereof shall have been completed in conformity
with the provisions of this chapter. However, such certificate shall
be void if not exercised or renewed within six months of the date
of issue.
(3)
Pending the issuance of a regular certificate, a temporary certificate
of occupancy may be issued by the Zoning Officer for a period not
exceeding six months during the completion of alterations or during
partial occupancy of a building pending its completion. Such temporary
certificates shall not be construed as altering the rights, duties
or obligations of either the owners or the Borough in respect to the
use or occupancy of the premises in question or in any other matter
within the purview of this chapter. Such temporary certificate shall
not be issued except under such restrictions and provisions as will
adequately ensure the safety of the occupants. No permit for excavation
for or the erection of any building or part of a building, or for
repairs to and alteration of a building, shall be issued before application
has been made for a certificate of occupancy and compliance.
B.
Application forms. All applications for occupancy permits shall be
made on printed forms to be furnished by the Zoning Officer and shall
contain accurate information as to the size and location of the lot,
the size and location of the buildings or structures on the lot, the
dimensions of all yards and open spaces and such other information
as may be necessary to provide for the enforcement of this chapter.[1]
A.
The Borough Council shall determine a schedule of fees, charges and
expenses, as well as a collection procedure for special permits, variances,
amendments and other matters pertaining to this chapter. Said schedule
of fees shall be posted in the offices of the Borough Secretary and
the Zoning Officer.
B.
The Borough Council shall be empowered to reevaluate the fee schedule
and make necessary alterations to it. Such alterations shall not be
considered an amendment to this chapter and may be adopted at any
public meeting by resolution.
C.
The required fees for applications for zoning district amendments
may vary according to advertising costs and thus shall be kept up-to-date
by the Borough. All such fees shall be paid into the Borough treasury.
D.
Special exceptions and variances shall be issued or acted upon only
after fees have been paid in full, and the Zoning Hearing Board shall
take no action on appeals until preliminary charges have been paid
in full.
A.
Power to amend. The regulations, restrictions, boundaries and requirements
set forth in this chapter may from time to time be amended, supplemented,
changed or repealed through amendment by the Borough Council.
B.
Procedure for amendment. The following general requirements shall
be observed in making any amendment to this chapter:
(1)
Proposed amendments, supplements or changes, or a proposal to repeal
this chapter or a part thereof, may be initiated by the Borough Council
or the Planning Commission.
(2)
In the case of an amendment other than that prepared by the Planning
Commission, the Borough Council shall submit each such amendment to
the Planning Commission at least 30 days prior to the public hearing
on such proposed amendment to be held by the Borough Council. The
Planning Commission shall hold a public hearing pursuant to public
notice, after which public hearing recommendations must be made to
the Borough Council within 15 days of completion of such public hearing
or continued hearing.
(3)
When the proposed amendment is prepared by the Planning Commission,
the Planning Commission shall hold at least one public hearing pursuant
to public notice and may hold additional public hearings, if necessary,
upon such notice as it shall determine to be advisable. Upon completion
of its work, the Planning Commission shall present to the Borough
Council the proposed amendment, together with recommendations and
explanatory materials.
(4)
No action by the Borough Council to amend this chapter shall become
effective until after a public hearing pursuant to public notice.
C.
Zoning amendment by petition.
(1)
A request to amend this chapter may be initiated by a petition signed
by 80% of the owners in interest and number of the property sought
to be reclassified. The petition must be accompanied by the written
consents, verified by affidavit, of 80% of the owners in interest
and number of all of the property within 200 feet from the property
sought to be reclassified; a legal description of said property; and
the names and present addresses of all abutting property owners. Said
petition shall be filed with Borough Council upon payment of the filing
fee as established by resolution of the Council. The Borough Council
shall then refer the said petition to the Planning Commission, who
shall conduct a public hearing pursuant to public notice, after which
public hearing recommendations shall be made to the Borough Council
within 15 days of completion of such public hearing or continued hearing.
(2)
Whenever the Borough Council, after due hearing, pursuant to the
provisions hereof, has acted negatively upon a proposed change or
amendment to the zoning districts or regulations, no petition affecting
the same property or district shall be entertained or acted upon by
the Borough Council, except by consent of 3/4 of the members of the
Borough Council, within a period of one year from the date of such
adverse action, and after such second application has been acted upon
by the Borough Council, no further application shall be entertained
for a period of two years from the date of the said second application,
except by consent of 3/4 of the members of the Borough Council.
D.
Public notice. As used in this chapter, except where the context
clearly indicates otherwise, "public notice" means notice given not
more than 30 and not less than 14 days in advance of any public hearing.
Such notice shall be published once each week for two successive weeks
in a newspaper of general circulation in the Borough. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing.
A.
This chapter shall be enforced by the designated Zoning Officer.
No permit of any kind as provided in this chapter shall be granted
by him for any purpose except in compliance with the provisions of
this chapter or based upon a decision of the Zoning Hearing Board
or the courts.
B.
In case any building or structure is erected, constructed, reconstructed,
altered, repaired, converted or maintained or any building, structure
or land is used in violation of this chapter or of any ordinance or
other regulation made supplementing this chapter, the Zoning Officer,
in addition to the other remedies, may institute any appropriate action
or proceeding to prevent such unlawful erection, construction, reconstruction,
alteration, repair, conversion, maintenance or use; to restrain, correct
or abate such violation; or to prevent any illegal act, conduct of
business or use in or about such premises.
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. He shall properly record such complaint and immediately
investigate and take action thereon as provided by this chapter.
[Amended 8-11-2016 by Ord. No. 1490]
Any person, partnership or corporation violating any of the
provisions of this chapter or aiding, abetting or assisting in the
violation thereof shall, upon conviction, be sentenced to pay a civil
fine of not more than $500, plus filing costs and reasonable attorney's
fees for each offense, and each day of any violation that is permitted
to exist after written notification shall constitute a separate offense.
