A. 
General sequence of steps. All persons desiring to undertake any new construction, structural alteration, or changes in the use of a building or lot shall apply to the Zoning Officer for a zoning permit by filling out the appropriate application form and by submitting the required fee. The Zoning Officer will then either issue or refuse the zoning permit or refer the application to the Zoning Hearing Board or other appropriate agency. After the zoning permit has been received by the applicant, he may proceed to undertake the action permitted in the zoning permit, and upon completion of such action, shall apply to the Zoning Officer for a certificate of occupancy. If the Zoning Officer finds that the action of the applicant has been taken in accordance with the zoning permit, he will then issue a certificate of occupancy allowing the premises to be occupied.
B. 
Zoning permit types. Under the terms of this chapter, the following classes of zoning permits may be issued:
(1) 
Permitted use. A zoning permit for a permitted use may be issued by the Zoning Officer of his own authority.
(2) 
Special uses. A zoning permit for a special use may be issued by the Zoning Officer after review by the Planning Commission and upon the order of the Zoning Hearing Board.
(3) 
Zoning permit after an appeal or a request for a variance. A zoning permit may be issued by the Zoning Officer upon the order of the Zoning Hearing Board and after a public hearing held by the Zoning Hearing Board for the purpose of deciding upon the appeal or a request for a variance.
(4) 
Temporary permits. A temporary permit may be authorized by the Zoning Hearing Board as a special exception for a nonconforming structure or use which it deems necessary to promote the proper development of the community, provided that such nonconforming structure or use shall be completely removed upon expiration of the permit without cost to the Borough. Such a permit shall be issued for a specified period of time not exceeding one year, and may be renewed annually for an aggregate period of not more than three years. Fees for such permits shall be the same as for zoning permits.
C. 
Preliminary opinion. A landowner may seek a preliminary opinion from the Zoning Officer that the ordinance or map under which he proposes to build is free from challenge. The specific procedure for this opinion is presented in Article VIII of this chapter.
This chapter shall be enforced by the Zoning Officer who shall be appointed by the Borough Council. No zoning permit or certificate of occupancy shall be issued by him except where all the provisions of this chapter have been complied with.
A. 
Zoning permits.
(1) 
General. No building or structure shall be erected, added to, or structurally altered until a permit therefor has been issued by the Zoning Officer, except upon a written order of the Zoning Hearing Board. No such zoning permit or certificate of occupancy shall be issued for any building where said construction, addition or alteration or use thereof would be in violation of any of the provisions of this chapter.
(2) 
Information necessary for application. There shall be submitted with all applications for zoning permits two copies of a layout or plot plan drawn to scale showing the actual dimensions of the lot to be built upon, the exact size and location on the lot of the building and accessory buildings to be erected, any existing building, and such other information as may be necessary to determine and provide for the enforcement of this chapter.
(3) 
Public record. One copy of such layout or plot plan shall be returned when approved by the Zoning Officer together with such permit to the applicant upon the payment of a fee as indicated in this article. The second copy with a copy of each application with accompanying plan shall become a public record after a permit is issued or denied.
(4) 
Sewage disposal. All on-lot sewage disposal installations shall conform with the Pennsylvania Department of Environmental Protection regulations. No plot plan shall be approved by the Zoning Officer in any zone unless conformity is certified on the plan.
(5) 
Issuance of permits.
(a) 
It shall be the duty of the Zoning Officer to issue a zoning permit, provided he is satisfied that the structure, building, sign, parking area of premises, and the proposed use thereof, conform with all requirements of this chapter and that all other reviews and actions, if any called for in this chapter have been complied with and all necessary approvals secured therefor.
(b) 
The issuance of any building, occupancy, or use permit under the terms of this chapter is not intended to assure, suggest, or imply that any public access or roadway is available to the structure, nor does it commit the Borough to provide or to maintain any public access or roadway to or from the structure involved.
(6) 
Denial of permits. When the Zoning Officer is not satisfied that the applicant's proposed development will meet the requirements of this chapter, he shall refuse to issue a zoning permit and the applicant may appeal to the Zoning Hearing Board for a reversal of the Zoning Officer's decision.
(7) 
Expiration of zoning permit. A zoning permit shall expire after one year if the applicant fails to implement his application as filed with the Zoning Officer. Extensions of the expiration date may be granted by the issuing officer upon presentation of sufficient cause.
(8) 
Revocation of permits. If it shall appear at any time to the Zoning Officer that the application or accompanying plot is in any material respect false or misleading, or that work is being done upon the premises differing materially from that called for in the application filed with him under existing laws or ordinances, he may forthwith revoke the zoning permit, whereupon it shall be the duty of the person holding the same to surrender it and all copies thereof to said Zoning Officer. After the zoning permit has been revoked, the Zoning Officer, in his discretion, before issuing a new zoning permit, shall require the applicant to file an indemnity bond in favor of the Borough with sufficient surety conditioned for compliance with this chapter and all building laws and ordinances then in force and in a sum sufficient to cover the cost of removing the building or part thereof if it does not so comply.
(9) 
Special uses. All such applications shall be accompanied by plans and such other information as may be required.
A. 
General. No land shall be occupied or used and no building hereafter erected, altered or extended shall be used or changed in use until a certificate of occupancy shall have been issued by the Zoning Officer, stating that the buildings or proposed use thereof complies with the provisions of this chapter.
B. 
Application for certificate of occupancy. All certificates of occupancy shall be applied for, coincident with the application for a zoning permit. Said certificate shall be issued within 10 days after the erection or alteration shall have been approved as complying with the provisions of this chapter.
C. 
Record. The Zoning Officer shall maintain a record of all certificates and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the building affected.
D. 
Application mandatory for any construction, alteration or change of use. No permit for excavation for, or the erection or alteration of, or repairs to any building shall be issued until an application has been made for a certificate of occupancy.
A. 
Referral from the Board. The Zoning Hearing Board shall refer to the Planning Commission for recommendation only all applications for special uses, and may refer any other applications or appeals.
B. 
Criteria for review. The Planning Commission shall review such applications in accordance with applicable criteria.
C. 
Report to the Zoning Hearing Board. The Planning Commission may recommend approval, or may recommend approval subject to conditions, or modifications and shall report its findings to the Zoning Hearing Board within 30 days of receipt thereof; such report shall state all recommended conditions and modifications and the reasons for such recommended approval or disapproval.
The Zoning Officer may be responsible to do a systematic survey of the exterior of properties within the Borough in order to identify and register nonconforming uses and nonconforming structures. Reasons for why the Zoning Officer identified each register entry as nonconforming should also be kept on file in the register of nonconforming uses. The Zoning Officer shall attempt to complete this survey and registration process within 24 months of any major zoning amendment.
A. 
Complaints of violations. Whenever a violation of this chapter occurs, any person may file a complaint in regard thereto. All such complaints must be in writing and shall be filed with the Zoning Officer who shall properly record such complaint and immediately investigate and report thereon to the Borough Council. Provided that the Zoning Officer may, if warranted, investigate without a written complaint, and if he finds a violation shall himself file a written complaint.
B. 
Causes of action. 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 any ordinance enacted under this act or prior enabling laws, 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.
C. 
Enforcement notice.
(1) 
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.
(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 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.
(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 this 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.
D. 
Jurisdiction. Magisterial District Judges shall have initial jurisdiction over proceedings brought under Subsection E.
E. 
Violation, penalties and enforcement remedies.
(1) 
Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of any zoning ordinance enacted under this chapter or prior enabling laws shall, upon being found liable therefor in a civil enforcement proceeding commenced by a municipality, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by a municipality 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 fees collected for the violation of zoning ordinances shall be paid over to the Borough whose ordinance has been violated.
(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 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.
A. 
Procedure for appellant.
(1) 
An appeal to the Zoning Hearing Board from any ruling of any administrative officer administering any portion of this chapter may be taken by any person aggrieved, or by an officer, Board, or bureau or department of the Borough affected hereby. Such appeal shall be taken to the Zoning Hearing Board by filing with the Secretary thereof a notice of appeal specifying the grounds therefor.
(2) 
All applications and appeals made to the Board shall be in writing on forms prescribed by the Board. Every application or appeal shall refer to the specific provision of this chapter and shall exactly set forth the interpretation that is claimed, the plans for a special use or the details of the variance that is applied for, in addition to the following information:
(a) 
The name and address of the applicant/appellant.
(b) 
The name and address of the owner of the district lot and/or lots to be affected by such proposed change or appeal.
(c) 
A brief description and location of the district lot to be affected by such proposed change or appeal.
(d) 
A statement of the present zoning classification of the district lot and/or lots in question, the improvements thereon and the present use thereof.
(e) 
A reasonably accurate description of the present improvements, and the additions or changes intended to be made under this application, indicating the size of such proposed improvements, material and general construction thereof. In addition, there shall be attached a plot plan of the real property to be affected, indicating the location and size of the lot and size of improvements thereon and proposed to be erected thereon.
(3) 
A mediation option is available at the option of the appellant. Specific procedures for the mediation option are presented in Article X of this chapter.
B. 
Procedure for Zoning Officer.
(1) 
The notice of appeal in any case where a permit has been granted or denied by the Zoning Officer shall be prescribed by the Board after notice of such action granting or denying the permit has been mailed to the applicant. The Zoning Officer shall forthwith transmit to the Zoning Hearing Board all papers constituting the record upon which the action appealed from was taken, or in lieu thereof certified copies of said papers.
(2) 
It shall be competent for the Zoning Officer to recommend to the Zoning Hearing Board a modification or reversal of his action in cases where he believed substantial justice requires the same but where he has not himself sufficient authority to grant the relief sought.
C. 
Procedure for the Zoning Hearing Board. The Zoning Hearing Board shall decide each appeal within 45 days after a final hearing. At the hearing any party shall appear in person or be represented by an agent or attorney. The Zoning Hearing Board decision shall be filed in its office and be a public record. In the exercise of its functions upon such appeals or upon exceptions, the Zoning Hearing Board may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination appealed from or may make such order, requirement, decision or determination in accordance with the provisions hereof. If the Board fails to render a decision within the period required by this clause, the decision shall be deemed to have been rendered in favor of the applicant.
D. 
Expiration of appeal decision. Unless otherwise specified by the Zoning Hearing Board, a decision on any appeal or request for a variance shall expire if the applicant fails to obtain any necessary zoning permit, or comply with the conditions of said authorized permit within six months from the date of authorization thereof.
E. 
Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from unless the Zoning Officer certifies for the Zoning Hearing Board, after the notice of appeal shall have been filed, that by reason of facts stated in the certificate, they would, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Zoning Hearing Board or by the court having jurisdiction on application, on notice to the Zoning Officer and on due cause shown. Further requirements and procedures for a stay of proceedings are presented in Article VIII.
F. 
Appeal from decision of Zoning Hearing Board. All decisions of the Zoning Hearing Board are subject to court review in accordance with the Pennsylvania Municipalities Planning Code and applicable laws of the Commonwealth of Pennsylvania.
The Zoning Hearing Board shall fix a reasonable time for the hearing of an appeal or other matters referred to it and give public notice thereof by the publication in the official paper as required by the Pennsylvania Municipalities Planning Code and as currently described in § 250-7 of this chapter.
A. 
When appealing action of the Zoning Officer. In case of an appeal alleging error or misrepresentation in any order or other action by the Zoning Officer, the following persons shall be notified: the appellant and the person or persons, if any, who benefit from the order, requirement, regulation or determination.
B. 
Public hearings to be held by Board. Upon filing with the Board of an appeal or a request for a variance as required by the terms of this chapter, or for such other purposes as provided herein where the Board deems it in the public interest, the Board shall fix a time and place for a public hearing thereof as follows:
(1) 
Public notice. A public notice shall be given in advance of any public hearing required by Act 247, Pennsylvania Municipalities Planning Code. The public notice shall be as defined in this chapter.
(2) 
Notice to appellant. By mailing a notice thereof by certified mail to the appellant.
(3) 
Notice to local officials. By mailing a notice to the President of Council, the Planning Commission and the Borough Secretary.
(4) 
Notice to interested parties. By mailing a notice thereof to abutting property owners, to every association of residents of the Borough, and any other interested party who shall have registered their names and addresses for this purpose with the Board.
(5) 
Posted notice. A notice shall be conspicuously posted on the affected tract of land at least one week prior to the hearing.
(6) 
Nature of notice. The notice required shall be posted upon instructions from the Board and shall state the location of the building or lot in question and the general nature of the question involved.
C. 
Adjournment of hearing. Upon the day for hearing any application or appeal, the Zoning Hearing Board may adjourn the hearing for a reasonable period for the purpose of causing such further notice as it deems proper to be served upon such other property owners as it decides may be interested in said application or appeal.
D. 
Required interval for hearing on applications and appeals after denial. Whenever the Board, after hearing all the evidence presented upon an application or appeal, under the provisions of this chapter, denies the same, the Zoning Hearing Board shall refuse to hold further hearings on the said or substantially similar application or appeal by the same applicant, his successor, or assign for a period of one year, except and unless the Zoning Hearing Board shall find and determine from the information supplied by the request for a rehearing, that changed conditions have occurred relating to the promotion of the public health, safety, convenience, comfort, prosperity and general welfare and that a reconsideration is justified. Such rehearing would be allowable only upon a motion initiated by a member of the Zoning Hearing Board and adopted by the unanimous vote of the members present, but not less than a majority of all members.
Such fees as shall be established, from time to time, by resolution of Borough Council, and shall be paid at the office of the Zoning Officer upon the filing of an application.