[Ord. 725-04, 11/8/2004]
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 this Chapter, the Borough Council
or, with the approval of the Borough Council, the Zoning Officer,
or any aggrieved owner or tenant or 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. No such action may be maintained until such notice
has been given.
[Ord. 725-04, 11/8/2004]
No building, structure or sign shall be erected, constructed,
moved, added to or structurally altered, nor shall land be put to
any use without a permit therefore, issued by the Zoning Officer.
No such permit shall be issued except in conformity with the provisions
of this Chapter or upon written order from the Zoning Hearing Board
in the form of a special exception, variance or as otherwise provided
for by this Chapter, any applicable laws or any court of competent
jurisdiction.
A. Form of Application. All applications shall be made in writing and
shall be accompanied by two sets of plans showing at least the following
information:
(1)
Actual dimensions and shape of the lot to be built upon.
(2)
The exact size and location on the lot of buildings, structures
or signs existing and/or proposed extensions thereto and/or to be
constructed thereon.
(3)
The number of dwelling units, if any, to be provided.
(4)
Parking spaces provided and/or loading facilities.
(5)
Statement indicating the existing or proposed use.
(6)
In the case of new construction, additions or replacement, the
height of structures, buildings or signs.
(7)
All other information necessary for such Zoning Officer to determine
conformance with and provide for enforcement of this Chapter.
(8)
One copy of the plans shall be returned to the applicant by
the Zoning Officer after he shall have marked such copies either as
approved or disapproved and attested to same by his signature on such
copy.
(9)
One copy of all such plans shall be retained by the Zoning Officer
for his permanent records.
(10)
Such approval of a zoning permit shall be issued or refused
within 30 days from date of application.
(a)
In case of refusal, the applicant shall be informed of his rights
of appeal.
(b)
The application for a permit shall be permitted in such form
as the Zoning Officer may prescribe.
B. Expiration of Zoning Permit. Zoning permit shall expire within six
months from the date of issuance if work described in any permit has
not begun.
(1)
If work described in any zoning permit has begun within the
six-month period, said permit shall expire after two years form the
date of issuance thereof.
[Ord. 725-04, 11/8/2004]
A certificate of use and occupancy shall be required upon the
completion of the work for which a zoning permit was issued.
A. It shall be unlawful to use and/or occupy any structure, building
and/or land or portions thereof in any manner until a certificate
of use and occupancy has been issued.
B. Form of Application. The application for certificate of use and occupancy
shall be submitted in such form as the Zoning Officer may prescribe.
C. Issuance of Certificate of Use and Occupancy.
(1)
The Zoning Officer shall inspect any structure, building, sign
and/or land or portions thereof and shall determine the conformity
therewith. If he/she is satisfied that the completed work is in conformity
with this Chapter and with the work listed in the zoning permit, he/she
shall issue a certificate of use and occupancy.
(2)
Certificate of use and occupancy shall be granted or refused
in writing within 10 days from the date of application and submission
of all documentation required by the Zoning Officer.
(3)
In zones in which performance standards are imposed, no certificate
of occupancy shall become permanent until 30 days after the facility
is fully operating and when, upon re-inspection by the Zoning Officer,
it is determined that the facility is in compliance with all performance
standards.
[Ord. 725-04, 11/8/2004]
The Borough Council shall establish, by resolution, a schedule
of fees, charges and expenses and collection procedures for zoning
permits, certificates of use and occupancy, special, variances and
appeals and other matters pertaining to this Subsection. The schedule
of fees shall be available for inspection in the office of the Zoning
Officer and may be altered or amended by the Borough Council by resolution.
Until all application fees, charges and expenses have been paid in
full, no action shall be taken on any application or appeal.
[Ord. 725-04, 11/8/2004]
The Borough Council may from time to time amend, supplement
or repeal any of the regulations and provisions of this Chapter. The
procedure for the preparation of a proposed zoning ordinance as set
forth in § 607 of the Pennsylvania Municipalities Planning
Code, 53 P.S. § 10607, is hereby declared optional.
A. Before voting on the enactment of an amendment, the Borough Council
shall hold a public hearing thereon, pursuant to public notice. In
addition, if the proposed amendment involves a zoning map change,
notice of said public hearing shall be conspicuously posted by the
Borough at points deemed sufficient by the Borough along the perimeter
of the tract to notify potentially interested citizens.
(1)
The affected tract or area shall be posted at least one week
prior to the date of the hearing.
B. 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 hearing on such
proposed amendment to provide the Planning Commission an opportunity
to submit recommendations.
C. If, after any public hearing held upon an amendment, the proposed
amendment is changed substantially, or is revised to include land
previously not affected by it, the Borough Council shall hold another
public hearing, pursuant to public notice, before proceeding to vote
on the amendment.
D. At least 30 days prior to the public hearing on the amendment by
the Borough Council, the Borough shall submit the proposed amendment
to the County Planning Agency for recommendations.
E. Within 30 days after enactment, a copy of the amendment to this Chapter
shall be forwarded to the County Planning Agency.
[Ord. 725-04, 11/8/2004]
A landowner who desires to challenge on substantive grounds
the validity of this Chapter or the zoning map, or any provision thereof,
which prohibits or restricts the use or development of land in which
he/she has an interest may submit a curative amendment to the Borough
Council with a written request that his challenge and proposed amendment
be heard and decided as provided in § 916.1 of the Pennsylvania
Municipalities Code (hereinafter "MPC"), 53 P.S. § 10916.1.
The curative amendment and challenge shall be referred to the Planning
Commission and the County Planning Agency as provided in § 609
and notice of the hearing thereon shall be given as provided in §§ 610
and 916.1 of the MPC, 53 P.S. §§ 10609, 10610 and 10916.1.
A. The hearing shall be conducted in accordance with § 908
of the MPC, 53 P.S. § 10908, and all references therein
to the Zoning Hearing Board shall, for purposes of this Section, be
references to the Borough Council.
(1)
If the Borough does not accept a landowner's curative amendment
brought in accordance with this Subsection and a court subsequently
rules that the challenge has merit, the court's decision shall not
result in a declaration of invalidity for this entire Chapter and
Zoning Map, but only for those provisions which specifically relate
to the landowner's curative amendment and challenge.
B. The Borough Council, if it determines that a validity challenge has
merit, may accept a landowner's curative amendment, with or without
revision, or may adopt an alternative amendment which will cure the
challenged defects. The Borough Council shall consider the curative
amendments, plans and explanatory material submitted by the landowner
and shall also consider:
(1)
The impact of the proposal upon roads, sewer facilities, water
supplies, schools and other public service facilities.
(2)
If the proposal is for a residential use, the impact of the
proposal upon regional housing needs and the effectiveness of the
proposal in providing housing units of a type actually available to
and affordable by classes of persons otherwise unlawfully excluded
by the challenged provisions of this Chapter or Zoning Map.
(3)
The suitability of the site for the intensity of use proposed
by the site's soils, slopes, woodlands, wetlands, floodplains, aquifers,
natural resources and other natural features.
(4)
The impact of the proposed use on the site's soils, slopes,
woodlands, wetlands, floodplains, natural resources and natural features,
the degree to which these are protected or destroyed, the tolerance
of the resources to development and any adverse environmental impacts.
(5)
The impact of the proposal on the preservation of agricultural
and other land uses which are essential to public health and welfare.