The procedures of this chapter shall be administered by the Zoning Officer, who shall be appointed by the Borough Council. It shall be the duty of the Zoning Officer, and he/she shall have the power to:
A. 
Receive, examine and process all applications for building, occupancy and zoning permits for all uses, including signs.
B. 
Issue permits only where there is compliance with the provisions of this chapter, with other Borough ordinances, and with the laws of the Commonwealth of Pennsylvania and the federal government. Permits for construction or uses requiring a special exception or variance shall be issued only upon order of the Zoning Hearing Board. Permits for conditional uses requiring approval by the Borough Council shall be issued only after receipt of approval from the Borough Council. In order for the Zoning Officer to issue a permit, there must be demonstrated compliance with applicable state and federal regulations.
C. 
Receive applications for conditional uses, curative amendments and zoning changes, forwarding such requests to the Borough Council, the Borough Planning Commission or other appropriate agencies.
D. 
Receive applications for special exceptions and variances and forward these applications to the Zoning Hearing Board for action thereupon.
E. 
Following refusal of a permit, to receive applications for interpretation, appeals and variances. These applications shall then be forwarded to the Zoning Hearing Board for action thereupon.
F. 
Conduct inspections and surveys to determine compliance or noncompliance with the terms of this chapter.
G. 
Issue stop and cease-and-desist orders, and order, in writing, correction of all conditions found to be in violation of the provisions of all applicable regulations. Such written orders shall be served personally or by certified mail upon persons, firms or corporations deemed by the Zoning Officer to be violating the terms of this chapter. It shall be unlawful for any person to violate any such order issued lawfully by the Zoning Officer, and any person violating any such order shall be guilty of a violation of this chapter.
H. 
Institute civil enforcement proceedings in accordance with §§ 455-10 through 455-13 above.
I. 
With the approval of the Borough Council, or when directed by them, institute in the name of the Borough any appropriate action or proceedings to:
(1) 
Prevent any unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use of a building, structure or property;
(2) 
Retrain, correct or abate any such violation so as to prevent the occupancy or use of any such building, structure or land; and/or
(3) 
Prevent any illegal act, conduct, business or use in or about such premises.
J. 
Revoke any order or zoning permit issued under mistake of fact, or contrary to the law, or the provisions of this chapter.
K. 
Record and file all applications for zoning permits with accompanying plans and documents. All applications, plans, and documents shall be a public record.
L. 
Maintain a map or maps showing the current zoning classification of all land in the Borough.
Hereafter, no use listed herein may be established or changed, no structure shall be erected, constructed, reconstructed, altered, razed, or removed, and no building may be used or occupied, changed in use, or changed in nonresidential use occupancy, until a zoning permit has been secured from the Zoning Officer. Upon completion of changes in use or construction, reconstruction, alteration or moving structures, the applicant shall notify the Zoning Officer of such completion. No permit shall be considered as complete or as permanently effective until the Zoning Officer has noted on the permit that the work, occupancy, or use has been inspected and approved as being in conformity with the provisions of this chapter.
A. 
All applications for zoning permits shall be made in writing by the owner, tenant, or vendee under contract of sale, or other authorized agent on a form supplied by the Borough, and shall then be filed with the Zoning Officer. The application shall include copies of the following information:
(1) 
A statement as to the proposed use of the building, land or structure.
(2) 
A site layout plan drawn to scale (one inch equals 100 feet or larger) showing the location, dimensions, height of proposed buildings, structures or uses, and any existing buildings in relation to the property and street lines. If the application relates to property 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, 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 the treatment and disposal of sewage and industrial wastes supply, and storm drainage. Provisions for stormwater management shall be made in compliance with Chapter 400, Subdivision and Land Development.
(8) 
The capacity and arrangement of all buildings used or intended to be used for dwelling purposes, including the proposed density in terms of the number of dwelling units per acre of land.
(9) 
A description of any proposed industrial or commercial operations in sufficient detail to indicate the effects of those operations in producing noise, glare, air pollution, fire hazards, traffic congestion, or other safety hazards.
(10) 
Descriptions of methods to be employed in controlling any excess noise, air pollution, smoke, fumes, water pollution, fire hazards, traffic congestion, or other safety hazards.
B. 
No permit for any new use or construction which will involve on-site disposal of sewage or waste, and no permit for a change in use or an alteration which will result in an increased volume of sewage or waste to be disposed of on the site, shall be issued until approval has been granted by the Pennsylvania Department of Environmental Protection.
C. 
The Zoning Officer shall render a decision either approving or disapproving the application for a zoning permit within 90 days after the application has been filed, provided that any disapproval of the application shall be issued within said 90-day period and shall contain a brief explanation setting forth the reasons for said disapproval and the manner in which the application can be corrected and/or modified to obtain the required approval. If no decision is rendered on the application within 90 days, the application shall be deemed to have been granted immediately, unless the applicant has agreed, in writing, to an extension of time. A deemed approval of a zoning permit is not a guarantee that a building permit or an occupancy permit will be granted, as the applicant must meet all applicable requirements for the issuance of such permits.
All applicants for zoning permits, special exceptions, conditional uses, variances, interpretations and other appeals shall, at the time of making application, pay to the Zoning Officer for use by the Borough a fee, if any, which shall be in accordance with a fee schedule adopted pursuant to a resolution of the Borough Council upon the enactment of this chapter or as such schedule may be amended from time to time. In addition, an escrow deposit may be required. Escrow deposit requirements shall also be set from time to time pursuant to a resolution of the Borough Council.
Any erection, construction, reconstruction, alteration or moving of a building or other structure, including a sign authorized by a zoning permit, shall be commenced, and any change in use of a building or land authorized by a zoning permit shall be undertaken, within one year after the date of issuance of the permit. If not, the permit shall be considered null and void. However, in the case of the erection or construction of a building, the right to proceed with construction may be extended annually without additional fees for an aggregate period of time not to exceed three years, provided that the construction pursuant to said permit was already commenced within the original one-year period.
A. 
Hereafter, no structure erected, constructed, reconstructed, extended or moved, no property sold or exchanged, and/or no land or building changed in use under a zoning permit shall be occupied or used, in whole or in part, for any use whatsoever, nor changed from nonresidential occupancy status, until the owner or authorized agent has been issued a certificate of occupancy by the Zoning Officer indicating that the building or use complies with the terms of zoning regulations as provided in this chapter.
B. 
No certificate shall be issued until the premises in question has been inspected and found by the Zoning Officer to be in compliance with this chapter.
C. 
The issuance of a certificate of occupancy in no way absolves the owner or authorized agent from compliance with the terms or intent of this chapter.
The Borough Council shall have the power to approve conditional uses when this chapter specifically requires the obtaining of such approval.
A. 
In granting a conditional use, the Borough Council shall make findings of fact consistent with the provisions of this chapter but shall not approve a conditional use except in conformity with the conditions and standards outlined in this chapter.
B. 
The Borough Council shall grant a conditional use only if it finds adequate evidence that any application for development submitted will meet all of the following general requirements, as well as any specific requirements and standards listed herein for the proposed use. The Borough Council shall, among other things, require that any proposed use and location be:
(1) 
In accordance with the Berks County Comprehensive Plan as well as in accordance with the Borough Comprehensive Plan.
(2) 
In the best interests of the Borough, the convenience of the community, and the public welfare.
(3) 
Suitable for the property in question, and designed, constructed, operated, and maintained so as to be in harmony with and appropriate in appearance to the existing or intended character of the general vicinity.
(4) 
In conformity with all applicable requirements of this chapter and all other municipal ordinances.
(5) 
Suitable in terms of effect on highway traffic and safety, with adequate access arrangements, to protect streets from undue congestion and hazard.
(6) 
In accordance with sound standards of subdivision and land development practices, where applicable.
(7) 
In accordance with all other standards and criteria of this chapter.
C. 
Review by the Borough Planning Commission. The Borough Council shall request an advisory opinion from the Borough Planning Commission on any application for a conditional use. The Borough shall submit a report of such an advisory opinion prior to the date of the public hearing held by the Borough Council on the relevant application. The Borough Planning Commission may also request a report from the Borough Engineer.
D. 
Application requirement for conditional use. Conditional use applications shall be governed by the following:
(1) 
The landowner shall make a written request to the Borough Council that it hold a hearing on his/her application. The request shall contain a statement reasonably informing the Borough Council of the matters that are at issue.
(2) 
The application shall be accompanied by plans and other materials.
(3) 
The Borough Council shall hold a hearing upon the request, commencing not later than 60 days after the request is filed, unless the applicant requests or consents, in writing, to an extension of time. Additional hearings, if required, shall be held in accordance with the time frames established in the Pennsylvania Municipalities Planning Code.
E. 
Review procedures for conditional uses. The Borough Council shall conduct hearings and make decisions in accordance with the procedures set forth in this chapter and in the Pennsylvania Municipalities Planning Code.
A. 
Parties to proceedings authorized in this chapter and Article X-A of the Pennsylvania Municipalities Planning Code,[1] may utilize mediation as an aid in completing such proceedings. In proceedings before the Zoning Hearing Board, in no case shall the Zoning Hearing Board initiate mediation or participate as a mediating party. Mediation shall supplement, not replace, those procedures in this chapter and Article X-A of the Pennsylvania Municipalities Planning Code once they have been formally initiated. Nothing in this section shall be interpreted as expanding or limiting municipal police powers or as modifying any principles of substantive law.
[1]
Editor's Note: See 53 P.S. § 11001-a et seq.
B. 
Participation in mediation shall be wholly voluntary. The appropriateness of mediation shall be determined by the particulars of each case and the willingness of the parties to negotiate. The Borough Council may offer the mediation option in a particular case pursuant to a resolution which shall assure that, in each case, the mediating parties, assisted by the mediator as appropriate, develop terms and conditions for:
(1) 
Funding mediation.
(2) 
Selecting a mediator who, at a minimum, shall have a working knowledge of municipal zoning and subdivision procedures and demonstrated skills in mediation.
(3) 
Completing mediation, including time limits for such completion.
(4) 
Suspending time limits otherwise authorized in this chapter, provided there is written consent by the mediating parties, and by an applicant or municipal decisionmaking body if either is not a party to the mediation.
(5) 
Identifying all parties and affording them the opportunity to participate.
(6) 
Subject to legal restraints, determining whether some or all of the mediation sessions shall be open or closed to the public.
(7) 
Assuring that mediated solutions are in writing and signed by the parties, and become subject to review and approval by the appropriate decisionmaking body pursuant to the authorized procedures set forth in the other sections of this chapter.
C. 
No offers or statements made in the mediation sessions, excluding the final written mediated agreement, shall be admissible as evidence in any subsequent judicial or administrative proceedings.
A. 
Neither the approval nor the granting of any review, issuance of permit or approval related to construction, activity within the floodplain, site plan review, subdivision or land development approval, erosion control, wetland delineation review, stormwater runoff, activity on steep slopes or any other review or permit of this Zoning Ordinance, by an officer, employee, consultant or agency of the Borough, shall constitute a representation, guarantee or warranty of any kind by the Borough, or its employees, officials, consultants, or agencies, of the practicality or safety of any structure, use or subdivision, and shall create no liability upon, nor a cause of action against such public body, official, consultant or employee for any damage that may result pursuant thereto.
B. 
If the Zoning Officer mistakenly issues a permit under this Zoning Ordinance, the Borough shall not be liable for any later lawful withdrawal of such permit for valid cause shown.