The provisions of this chapter shall be enforced by an agent, to be appointed by the Borough Council, who shall be known as the Zoning Officer. He/she shall receive such fees or compensation as approved by resolution of the Borough Council. The Zoning Officer shall not hold any elective office within the Borough. No zoning permit or zoning certificate of use and occupancy shall be granted by him/her for any purpose, except in compliance with the literal provisions of this chapter. The Zoning Officer is authorized to institute civil enforcement proceedings as a means of enforcement when acting within his/her scope of employment.
A. 
Duties and responsibilities. The duties and the responsibilities of the Zoning Officer shall be:
(1) 
Process applications. To receive, examine and process all zoning permit and certificate of use applications as provided by the terms of this chapter. The Zoning Officer shall also issue zoning permits for special exception and conditional uses, or for variances after the same have been approved.
(2) 
Maintain official records. To maintain and be responsible for all pertinent records on zoning matters in the Borough. These records shall include, but not be limited to, all applications received, copies of all zoning permits and certificates of use and occupancy issued, copies of orders and findings of the Zoning Hearing Board, written complaints of alleged violations, records of all inspections made, a current copy of the Zoning Ordinance, and all amending ordinances, the Official Zoning Map, and all other pertinent information. The records of this office shall be available for the use of the Borough government and for inspection of any interested party during normal office hours. The Zoning Officer shall submit to the Borough Council a written statement of all permits and certificates of use and occupancy issued and violations and stop-work orders recommended or promulgated on a quarterly basis.
(3) 
Inspections. Before issuing any zoning permit or zoning certificate of use and occupancy at his/her discretion, to inspect or cause to be inspected all buildings, structures, signs, or land and portions thereof for which an application has been filed for a zoning permit or a zoning certificate of use and occupancy. Thereafter, he/she may make such inspections during the completion of the work for which a zoning permit has been issued. Upon completion of such work and before issuing a zoning certificate of use and occupancy, a final inspection shall be made and all violations of the approved plans or zoning permit shall be noted and the holder of the zoning permit shall be notified of the discrepancies. The Zoning Officer shall have the right to enter any building or structure or enter upon any land at any reasonable hour in the course of his/her duties to inspect properties to determine compliance with all provisions of this chapter, as well as conditions attached to the approval of variances, special exceptions, conditional uses, and curative amendments.
(4) 
Inspect and/or register nonconformities. Upon request by a landowner and/or the direction of the Borough Council, to inspect nonconforming uses, structures and lots, and to keep a filed record of such nonconforming uses and structures, together with the reasons why the Zoning Officer identified them as nonconformities, as a public record and to examine them periodically, with the view of eliminating the nonconforming uses under the existing laws and regulations.
(5) 
Assist local officials. Upon the request of the Borough Council, Planning Commission or the Zoning Hearing Board, present to such bodies facts, records, and any similar information on specific requests, to assist such bodies in reaching their decisions.
(6) 
Maintain up-to-date ordinance. To be responsible for keeping this chapter and the Official Zoning Map up-to-date, including any amendments thereto;
(7) 
Preliminary opinion. To render a preliminary opinion regarding a proposed land use in accordance with Section 916.2. of the MPC.[1]
[1]
Editor's Note: See 53 P.S. § 10916.2.
(8) 
Investigate complaints. When in receipt of a verbal, written, anonymous or non-anonymous complaint stating fully the cause and basis thereof, to investigate alleged violations of this chapter. Said investigation shall be completed within 15 days of said complaint. A written report of all investigations of this chapter shall be prepared and filed by the Zoning Officer. If after the investigation the Zoning Officer determines that a violation has occurred, he/she shall take action as provided for by this chapter.
(9) 
Prosecute violations. To institute civil enforcement proceedings as a means of enforcement when anyone undertakes deliberate actions that are contrary to the terms of the chapter, and any conditions placed upon the approval of special exceptions, variances and conditional uses or any other approvals authorized under this chapter.
B. 
Violations. 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, shall be a violation of this chapter. It shall also be a violation of this chapter to undertake other deliberate actions which are contrary to the terms of the chapter, and any conditions placed upon the approval of special exceptions, variances and conditional uses. Each day that a violation is continued shall constitute a separate offense.
C. 
Enforcement notice. 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, as provided in the following:
(1) 
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.
(2) 
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 that have not been met, citing in each instance the applicable provisions of the 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 the MPC.
(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. 
Enforcement remedies; violations and penalties. Any person, partnership or corporation who, or which, has violated or permitted the violation of the provisions of this chapter enacted under the MPC, or prior enabling laws, 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 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 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 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 fees collected for the violation of the Zoning Ordinance shall be paid over to the Borough.
E. 
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 this chapter enacted under the MPC, or prior enabling laws, the governing body or, with the approval of the governing body, an officer of the municipality, or any aggrieved owner or tenant of real property who shows that his/her property or person will be substantially affected by the alleged violations, 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 municipality at least 30 days prior to the time the action is begun, by serving a copy of the complaint on the governing body of the municipality. No such action may be maintained until such notice has been given.
A. 
General requirements for zoning permits.
(1) 
Actions requiring zoning permits. A zoning permit shall be required prior to:
(a) 
A change in use of land or structure;
(b) 
The erection or construction of a structure (principal or accessory) or portion thereof, including, but not limited to, fences but excluding satellite dish antennas that are less than one meter in diameter;
(c) 
The improvement or alteration of any existing structure (principal or accessory) where such improvement or portion thereof increases the amount of space which the structure encloses;
(d) 
The alteration or development of any improved or unimproved real estate, including, but not limited to, mining, dredging, filling, grading, paving, excavation, or drilling operations but not including the tilling of soil associated with agriculture;
(e) 
The erection or alteration of any signs specified in § 380-45 of this chapter as requiring a zoning permit;
(f) 
The construction or installation of animal waste impoundments, lakes, ponds, dams, or other water retention basins; and/or
(g) 
The conduct of any forestry use in accordance with § 380-77 of this chapter.
(h) 
For uses other than a single-family dwelling or agricultural:
[1] 
The installation of a new outdoor lighting system; and
[2] 
The alteration, rehabilitation, or renovation to an existing outdoor lighting installation, which is commenced after the effective date of this chapter, and involves the complete replacement of an existing lighting system with a new lighting system.
(2) 
Permit exemptions. No zoning permit shall be required for repairs or maintenance of any structure or land, provided such repairs do not change the use or the exterior dimensions of the structure, or otherwise violate the provisions of this chapter.
(3) 
Form of application. Application for zoning permits shall be made in writing to the Zoning Officer. Two copies of the application including a plot plan for a zoning permit shall be submitted in such form as the Zoning Officer may prescribe.
(4) 
Permit conformity. No zoning permit shall be issued except in conformity with the regulations of this chapter, except after written order from the Zoning Hearing Board or the courts.
(5) 
Permit burden of proof. In all instances in which the Zoning Officer expresses a reasonable doubt as to the ability of a proposed use to meet all the requirements of this chapter, it will be incumbent upon the applicant to furnish adequate evidence in support of his/her application. If such evidence is not presented, the zoning permit will be denied.
(6) 
Authorization to apply. The parcel or parcels shall be in a single and full ownership, or proof of option shall be furnished at the time of application. The full names and addresses of the landowner or developer, and of the responsible officers, if the landowner or developer is a corporate body, shall be stated in the application.
(7) 
Permit referral. The Zoning Officer may call upon other Borough staff and/or Borough-appointed consultants in the review of submitted materials for applications.
(8) 
Permit revocation. The Zoning Officer may revoke a permit or approval issued under the provisions of this chapter in case of any false statement or misrepresentation of fact in the application, or on the plans on which the permit or approval was based, or for any other cause set forth in the Zoning Ordinance.
(9) 
Required permit fees. No permit shall be issued until the fees prescribed by the Borough Council approved by resolution shall be paid to the Zoning Officer. The payment of fees under this section shall not relieve the applicant or holder of said permit from payment of other fees that may be required by this chapter or by any other ordinances or law. The fees collected for the review of a zoning permit include one inspection for zoning certificate of use and occupancy. Should an applicant fail to demonstrate compliance with an approved zoning permit at such inspection, he/she will be required to correct any noted violations and pay another final inspection fee, or submit a new zoning permit application (in compliance with all requirements listed above) along with its fee for each time the Borough must inspect the site prior to its final issuance of a zoning certificate of use and occupancy.
(10) 
Issuance/rejection of permits. Upon receipt, the Zoning Officer shall examine the permit application within a reasonable time after filing. If the application fails to comply with the provisions of this chapter and all pertinent local laws and/or any conditions of approval attached to the grant of any applicable subdivision and/or land development approval, he/she shall reject such application in writing, stating the reasons therefor. Should the Zoning Officer deny the permit, he/she shall inform the applicant of his/her right to appeal to the Zoning Hearing Board. If satisfied that the proposed work and/or use conforms to the provisions of the Zoning Ordinance, and all local laws and ordinances applicable thereto and/or any conditions of approval attached to the grant of any applicable subdivision and/or land development approval, he/she shall issue a permit therefor as soon as practical.
(11) 
Reconsideration of application. An applicant whose request for a permit has been denied by the Zoning Officer may make a later application for a permit, provided all deficiencies which were the basis for the prior denial of the permit have been eliminated. The Zoning Officer shall not be required to make a new review of the application if this condition is not met.
(12) 
Expiration of permit. The permit shall expire after one year from the date of issuance; provided, however, that the same may be extended every six months, for a period not to exceed an additional year upon the request by the applicant who can demonstrate good cause for the extension.
(13) 
Compliance with chapter. The permit shall be a license to proceed with the work and should not be construed as authority to violate, cancel, or set aside any of the provisions of the Zoning Ordinance, except as stipulated by the Zoning Hearing Board through the issuance of an approved variance under § 380-139C of this chapter.
(14) 
Compliance with permit and plot plan. All work or uses shall conform to the approved application and plans for which the permit has been issued, as well as the approved plot plan.
(15) 
Display of zoning permit. All approved zoning permits shall be prominently displayed on the subject property during construction, renovation, reconstruction, repair, remodeling or the conduct of other site improvements. Such permit displays shall occur within five days of permit issuance, or prior to the commencement of actual work on the site, whichever occurs first. Such permit display shall be continuous until the site receives its zoning certificate of use and occupancy.
(16) 
Availability of zoning permit. The Zoning Officer shall maintain a copy of all active zoning permits for inspection.
(17) 
Compliance with applicable state and federal requirements. No zoning permit shall be issued unless evidence has been submitted that the applicant has complied with all applicable laws, rules, and regulations of the state and federal governments. Issuance of a zoning permit by the Zoning Officer shall in no way be interpreted to suggest that the applicant has demonstrated compliance with all applicable laws, rules, and regulations of the state and federal governments and/or the need to do so.
(18) 
Temporary use permits. It is recognized that it may be in accordance with the purpose of this chapter to permit temporary activities for a limited period of time in times of local or national emergency and/or disaster which activities may be prohibited by other provisions of this chapter. If such uses are of such a nature and are so located that, at the time of application, they will:
(a) 
In no way exert a detrimental effect upon the uses of land and activities normally permitted in the zone, and
(b) 
Contribute materially to the welfare of the Borough, particularly in a state of emergency, under conditions peculiar to the time and place involved. then, the Borough Council may direct the Zoning Officer to issue a permit.
B. 
Application for all zoning permits.
(1) 
Applications shall contain a general description of the proposed work, development, use or occupancy of all parts of the structure or land, and shall be accompanied by plot plans in duplicate drawn to scale and showing the following as may be applicable to the requested permit:
(a) 
The actual dimensions and shape of the lot to be built upon;
(b) 
The exact size and location on the lot of buildings, structures, fences, signs, and areas of land use, existing and/or proposed extensions thereto;
(c) 
The number of dwelling units or other units of occupancy (e.g., commercial, industrial, institutional, agricultural, accessory uses and etc.), if any, to be provided;
(d) 
The location and proposed surfacing of driveways and access drives and copies of any highway occupancy permits as required by local, county and/or state agencies;
(e) 
The height of all structures, buildings, and/or signs;
(f) 
Distances of buildings and structures from lot lines and street right-of-way lines;
(g) 
Off-street parking and loading areas and access thereto, including grades and proposed surfacing;
(h) 
Outdoor areas devoted to storage of goods, materials and/or wastes;
(i) 
Utility systems affected and proposed, including primary and backup on-lot and/or public sewage disposal and water supply systems, including any required permits;
(j) 
Alteration or development of any improved or unimproved real estate;
(k) 
Lot coverage;
(l) 
Site lighting plans, including lighting of signs in accordance with the requirements of § 380-33 of this chapter;
(m) 
Floor area devoted to each proposed use and unit of occupancy for both principal and accessory uses;
(n) 
Recreation areas;
(o) 
Screens, buffer yards, landscaping, erosion control filter strips and riparian buffers;
(p) 
Means of pedestrian access;
(q) 
Written approvals for needed Conservation Plans, Nutrient Management Plans and/or Erosion and Sediment Pollution Control Plans;
(r) 
Information relating to any zoning approvals obtained from the Zoning Hearing Board or the Borough Council;
(s) 
Proof of approval from the Pennsylvania Department of Labor and Industry, when required by such agency;
(t) 
Copies of any applicable subdivision/land development plan;
(u) 
Workers' compensation certificates; and
(v) 
All other information necessary for the Zoning Officer to determine conformance with and provide for enforcement of this chapter.
(2) 
Applications involving forestry uses shall require the submission of information listed in § 380-77 of this chapter.
C. 
Application for zoning permit for uses in the mixed use, central business, highway commercial, light industrial and heavy industrial zones. In addition to the preceding requirements for all zoning permits, uses proposed within the Mixed Use, Central Business, Highway Commercial, Light Industrial and Heavy Industrial Zones shall provide the following information:
(1) 
A location plan showing the tract to be developed, zone boundaries, adjoining tracts, significant natural features, proposed topographic features, and streets for a distance of 200 feet from all tract boundaries.
(2) 
A description of the operations proposed in sufficient detail to indicate the effects of those operations in producing traffic congestion, noise, glare, air pollution, water pollution, vibration, fire hazards, safety hazards, or the emission of any potentially harmful or obnoxious matter or radiation.
(3) 
Engineering plans for treatment and disposal of sewage and industrial waste, tailings or unusable by-products.
(4) 
Engineering plans for the handling of traffic, noise, light and glare, air pollution, water pollution, vibration, fire hazards, or safety hazards, smoke, or emission of any potentially harmful or obnoxious matter or radiation.
(5) 
Designation of the manner by which sanitary sewage and stormwater shall be disposed and water supply obtained.
(6) 
The proposed number of shifts to be worked and the maximum number of employees on each shift.
(7) 
Where use by more than one firm is anticipated, a list of firms which are likely to be located in the center, their floor area, and estimated number of employees.
A. 
When required. It shall be unlawful to use and/or occupy any structure, building, sign, or land or portion thereof for which a zoning permit is required until a zoning certificate of use and occupancy has been issued by the Zoning Officer. The Zoning Officer shall not issue such certificate unless he/she has inspected said structure, building, sign, or land and has determined that all provisions of the Zoning Ordinance and other laws of the Borough have been satisfied and that the applicant has received a certificate of occupancy under the Borough Building Code,[1] if applicable.
[1]
Editor's Note: See Ch. 145, Construction Codes.
B. 
Form of application. The application for a zoning certificate of use and occupancy shall be in such form as the Zoning Officer may prescribe, and shall be made at the same time as the application for a zoning permit is filed with the Zoning Officer.
C. 
Description of use and occupancy. The application shall contain a description of the intended use and occupancy of any structure, building, sign, or land or portion thereof for which a zoning permit is required herein.
D. 
Inspections.
(1) 
The Zoning Officer shall inspect any structure, building, sign or use of land within seven days after notification that the proposed work that was listed under the zoning permit has been completed. If he/she is satisfied that: the work is in conformity and compliance with the work listed in the issued zoning permit; the work is in conformity and compliance with and all other pertinent local laws; and, that the applicant has received a certificate of occupancy under the Borough Building Code, if applicable; he/she shall issue a zoning certificate of use and occupancy for the intended use listed in the approved application. If the Zoning Officer finds that the work has not been performed in accordance with this chapter and/or the approved application, the Zoning Officer shall refuse to issue the zoning certificate of use and occupancy and shall give in writing the reasons for such refusal. The Zoning Officer shall inform the zoning permit holder of his/her right of appeal to the Zoning Hearing Board.
(2) 
The fees collected for the review of a zoning permit include one inspection for zoning certificate of use and occupancy. Should an applicant fail to demonstrate compliance with an approved zoning permit at such inspection, he/she will be required to correct any noted violations and pay another final inspection fee, or submit a new zoning permit application (in compliance with all requirements listed above) along with its fee for each time the Borough must inspect the site prior to its final issuance of a zoning certificate of use and occupancy.
E. 
Availability of certificate. The Zoning Officer shall maintain a zoning certificate of use and occupancy (or a true copy thereof) for all uses that shall be kept available for inspection at all times.
F. 
Temporary zoning certificate of use and occupancy. It is recognized that it may be in accordance with the purpose of this chapter to permit temporary activities for a limited period of time, which activities may be prohibited by other provisions of this chapter during times of local or national emergency and/or disaster. If such uses are of such a nature and are so located that, at the time of application, they will: in no way exert a detrimental effect upon the uses of land and activities normally permitted in the zone, and, contribute materially to the welfare of the Borough, particularly in a state of emergency, under conditions peculiar to the time and place involved, then, the Borough Council may direct the Zoning Officer to issue a zoning certificate of use and occupancy for a period not to exceed six months. Such zoning certificate of use and occupancy may be extended not more than once for an additional period of six months.
G. 
Performance standards. For uses that involve activities that are subject to operations and performance standards listed in §§ 380-33, 380-36 and 380-39 of this chapter, no zoning certificate of use and occupancy shall become permanent until 30 days after the facility is fully operating and when, upon reinspection by the Zoning Officer, it is determined that the facility is in compliance with all such standards.
A. 
The Borough Council shall establish by resolution a schedule of fees, charges, and expenses and collection procedures for applications for zoning permits, zoning certificates of use and occupancy, special exceptions, conditional uses, variances, appeals, amendments, and other matters pertaining to this chapter.
B. 
The schedule of fees shall be available for inspection in the office of the Zoning Officer and may be altered or amended by resolution of the Borough Council.
C. 
Until all application fees, charges, and expenses have been paid in full, the application or appeal shall not be considered complete. Therefore, no proceedings related to any such application or appeal shall be initiated, no established time elements shall begin to accrue, and no action shall be taken on any such application or appeal.
A. 
Power of amendments. The Borough Council may, from time to time, amend, supplement, change, or repeal this chapter, including the Official Zoning Map. Any amendment, supplement, change, or repeal may be initiated by the Borough Planning Commission, the Borough Council, or by a petition to the Borough Council by an interested party. The Borough is under no obligation to consider any zoning amendment other than curative amendments submitted under Subsections F and G of this section;
B. 
Hearing and enactment procedures for zoning amendments.
(1) 
Public hearing. Before voting on the enactment of Zoning Ordinance and/or Zoning Map amendments, the Borough Council shall conduct a public hearing to inform the general public of the nature of the amendment, and to obtain public comment. Such public hearing shall be conducted after public notice and electronic and/or mailed notice (as defined herein and listed below) has been given.
(2) 
Public notice. Before conducting a public hearing, the Borough Council shall provide public notice as follows:
(a) 
Notice shall be published once each week for two successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days, and the second publication shall not be less than seven days from the date of the hearing. Publication of the proposed amendment shall include either the full text thereof or the title and brief summary, prepared by the municipal solicitor and setting forth all the provisions in reasonable detail. If the full text is not included:
[1] 
A copy of the full text shall be supplied to a newspaper of general circulation in the municipality at the time the public notice is published; and
[2] 
An attested copy of the proposed ordinance shall be filed in the County Law Library, or other county office designated by the County Commissioners, who may impose a fee no greater than that necessary to cover the actual costs of storing said ordinances.
(b) 
For Zoning Map amendments, public notice shall also include the Borough posting of one or more signs at one or more conspicuous locations deemed sufficient by the Borough to notify potentially interested citizens. This sign(s) shall be posted at least one week prior to the hearing and will exhibit the nature, date, time, and location of the hearing. The sign posting requirement shall not apply when the rezoning constitutes a comprehensive rezoning. In addition, notice of the public hearing shall be sent by first class mail by the municipality at least 30 days prior to the date of the public hearing by first class mail to the addressees to which real estate tax bills are sent for all real property located within the area to be rezoned, as evidenced by the tax records within possession of the Borough. Such notice shall include the location, date and time of the public hearing. The first class mail notice requirement shall not apply when the rezoning constitutes a comprehensive rezoning.
(c) 
For curative amendments, public notice shall also indicate that the validity of the ordinance and/or map is in question, and shall give the place where, and the times when, a copy of the request, including any plans, explanatory material or proposed amendments, may be examined by the public.
(d) 
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 governing body shall hold another public hearing, pursuant to public notice, mailed notice and electronic notice before proceeding to vote on the amendment.
(3) 
Electronic and/or mailed notice. In addition to the public notice requirements defined herein, an owner of a tract or parcel of land located within a municipality, or an owner of the mineral rights in a tract or parcel of land within a municipality, may request that the municipality provide written or electronic notice of a public hearing which may affect such tract or parcel of land.
(a) 
Mailed notice shall be required only if an owner of a tract or parcel of land located within a municipality, or an owner of the mineral rights in a tract or parcel of land within the municipality has made a written request that the notice be mailed and has supplied the municipality with a stamped, self-addressed envelope prior to a public hearing.
(b) 
Electronic notice shall be required only if an owner of a tract or parcel of land located within a municipality, or an owner of the mineral rights in a tract or parcel of land within the municipality has made a written request that notice be sent electronically and has supplied the municipality with an electronic address prior to a public hearing and only if that municipality maintains the capability of generating an electronic notice. An owner of a tract or parcel of land located within a municipality, or an owner of the mineral rights in a tract or parcel of land within the municipality making the request and supplying an electronic address may at any time notify the municipality that the owner of the tract or parcel of land located within the municipality, or the owner of the mineral rights in the tract or parcel of land within the municipality no longer will accept electronic notice, and in that event the municipality may no longer provide electronic notice.
(c) 
An owner of a tract or parcel of land located within a municipality, or an owner of the mineral rights in a tract or parcel of land within the municipality who has requested a mailed notice shall be solely responsible for the number, accuracy and sufficiency of the envelopes supplied. The municipality shall not be responsible or liable if the owner of a tract or parcel of land located within a municipality, or an owner of the mineral rights in a tract or parcel of land within the municipality does not provide to the municipality notice of any changes in the owner's mailing address.
(d) 
An owner of a tract or parcel of land located within a municipality, or an owner of the mineral rights in a tract or parcel of land within the municipality who has requested electronic notice shall be solely responsible for the accuracy and functioning of the electronic address provided to the municipality. The municipality shall not be responsible or owner of a tract or parcel of land located within a municipality, or an owner of the mineral rights in a tract or parcel of land within the municipality does not provide to the municipality notice of any changes to the owner's electronic address.
(e) 
A municipality shall deposit a mailed notice in the United States mail or provide electronic notice not more than 30 and not less than seven days prior to the scheduled date of the hearing, as shown on the notice.
(f) 
For each public hearing, the municipal secretary or Zoning Officer shall prepare, sign and maintain a list of all mailed notices, mailing dates, electronic notices and electronic notice dates. The signed list shall constitute a presumption that the notice was given.
(g) 
The mailed notice shall be deemed received by an owner of a tract or parcel of land located within a municipality, or an owner of the mineral rights in a tract or parcel of land within the municipality on the date deposited in the United States mail.
(h) 
The electronic notice shall be deemed received by an owner of a tract or parcel of land located within a municipality, or an owner of the mineral rights in a tract or parcel of land within the municipality on the date the municipality electronically notifies the owner.
(i) 
Failure of an owner of a tract or parcel of land located within a municipality, or an owner of the mineral rights in a tract or parcel of land within the municipality to receive a requested mailed notice or electronic notice shall not be deemed to invalidate any action or proceedings under the MPC.
(4) 
Enactment notice. In addition to the public notice requirements defined herein, the Borough Council must publish a reference to the time and place of the meeting at which passage of the ordinance or amendment will be considered, and a reference to a place within the municipality where copies of the proposed ordinance or amendment may be examined without charge, or obtained for a charge not greater than the cost thereof. Enactment notice shall be published at least once in one newspaper of general circulation in the municipality not more than 60 days, nor less than seven days, prior to passage. The published content of the enactment notice shall be the same as that required for public notice described in the preceding Subsection B(2).
(5) 
Borough Planning Commission referrals. For amendments proposed by parties other than the Borough Planning Commission, the Borough Council shall submit each amendment to the Borough Planning Commission at least 45 days prior to the public hearing on such amendment. A report of the review by the Borough Planning Commission, together with any recommendations, may be given to the Borough Council within 45 days from the date of said referral. The recommendation of the Borough Planning Commission may include a specific statement as to whether or not the proposed action is in accordance with the intent of this chapter and the Official Comprehensive Plan of the Borough.
(6) 
Lebanon County Planning Department referrals. All proposed amendments shall be submitted to the Lebanon County Planning Department at least 45 days prior to the public hearing on such amendments. The Department may submit recommendations to the Borough Council; however, if the Lebanon County Planning Department fails to act within 45 days, the Borough Council may proceed without its recommendations.
(7) 
Adjournment of public hearing. If, during the public hearing process, the Borough Council needs additional time to understand the proposal, inform the public, receive public comment, and/or render a decision, it may adjourn the public hearing to a time and place certain.
(8) 
Copies of adopted amendments. Within 30 days after enactment, a copy of the amendment to the Zoning Ordinance and/or Zoning Map shall be forwarded to the Lebanon County Planning Department.
(9) 
Authentication of the Official Zoning Map. Whenever there has been a change in the boundary of a zone or a reclassification of the zone adopted, the change on the Official Zoning Map shall be made and shall be duly certified by the Borough Secretary and shall thereafter be re-filed as part of the permanent records of the Borough.
C. 
Amendment initiated by the Borough Planning Commission. When an amendment, supplement, change, or repeal is initiated by the Borough Planning Commission, the proposal shall be presented to the Borough Council, which shall then proceed in the same manner as with a petition to the Borough Council, which has already been reviewed by the Borough Planning Commission;
D. 
Amendment initiated by the Borough Council. When an amendment, supplement, change, or repeal is initiated by the Borough Council, such amendment, supplement, change or repeal shall follow the procedure prescribed for a petition under Subsection B;
E. 
Amendment initiated by a petition from an interested party. A petition for amendment, supplement, change, or repeal for a portion of this chapter shall include an accurate legal description and surveyed plan of any land to be rezoned, and all of the reasons supporting the petition to be considered. The petition shall also be signed by at least one record owner of the property in question whose signature shall be notarized attesting to the truth and correctness of all the facts and information presented in the petition. A fee to be established by the Borough Council shall be paid upon the filing of such petition for change and for the purpose of defraying the costs of the proceedings prescribed herein. The Borough Council may require duplicate sets of petition materials;
F. 
Curative amendment by a landowner. A landowner who desires to challenge on substantive grounds the validity of the Ordinance or the Official 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 (including all of the reasons supporting the request to be considered), with a written request that his/her challenge and proposed amendment be heard and decided, as provided in Sections 609.1 and 916.1 of the MPC.[1] The Borough Council shall commence a hearing thereon within 60 days of the request. The curative amendment shall be referred to the Borough and Lebanon County Planning Commissions, as provided for in Subsection B, and public notice of the hearing shall be provided as defined herein.
(1) 
In reviewing the curative amendment, the Borough Council may deny the request, accept the request as submitted, or may adopt an alternative amendment which will cure the challenged defects. The governing body shall consider the curative amendments, plans and explanatory material submitted by the landowner and shall also consider:
(a) 
The impact of the proposal upon roads, sewer facilities, water supplies, schools, and other public service facilities;
(b) 
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 the ordinance or map;
(c) 
The suitability of the site for the intensity of use proposed by the site's soils, slopes, woodland, wetlands, aquifers, natural resources, and other natural features;
(d) 
The impact of the proposed use on the site's soils, slopes, woodlands, wetlands, 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;
(e) 
The impact of the proposal on the preservation of agriculture and other land uses which are essential to public health and welfare;
(f) 
For challenges alleging the exclusion of one or more land uses within the Borough, the Borough Council shall consider the availability of uses permitted within the zoning ordinances throughout the Palmyra Area Region pursuant to Section 916.1(h) of the MPC.[2]
[2]
Editor's Note: See 53 P.S. § 10916.1(h).
(2) 
The governing body shall render its decision within 45 days after the conclusion of the last hearing.
(3) 
Public notice of the hearing shall include notice that the validity of the ordinance or map is in question and shall give the place where, and the times when, a copy of the request, including any plans, explanatory material, or proposed amendments may be examined by the public.
(4) 
The challenge shall be deemed denied when:
(a) 
The governing body fails to commence the hearing within 60 days;
(b) 
The governing body notifies the landowner that it will not adopt the curative amendment;
(c) 
The governing body adopts another curative amendment which is unacceptable to the landowner; or
(d) 
The governing body fails to act on the request 45 days after the close of the last hearing on the request, unless the time is extended by mutual consent by the landowner and municipality.
(5) 
Where, after the effective date of the MPC, a curative amendment proposal is approved by the grant of a curative amendment application by the governing body pursuant to this section, or a validity challenge is sustained by the Zoning Hearing Board pursuant to Article VI of this chapter, or the court acts finally on appeal from denial of a curative amendment proposal or a validity challenge, and the proposal or challenge so approved requires a further application for subdivision or land development, the developer shall have two years from the date of such approval to file an application for preliminary or tentative approval for a subdivision, land development or planned residential development. Within the two-year period, no subsequent change or amendment in the zoning, subdivision or other governing ordinance or plan shall be applied in any manner which adversely affects the rights of the applicant, as granted in the curative amendment or the sustained validity challenge. Upon the filing of the preliminary or tentative plan, the provisions of Section 508(4) of the MPC shall apply.[3]
[3]
Editor's Note: See 53 P.S. § 10508(4).
(6) 
Where the proposal appended to the curative amendment application or the validity challenge is approved, but does not require further application under any subdivision or land development ordinance, the developer shall have one year within which to file for a zoning permit. Within the one-year period, no subsequent change or amendment in the zoning, subdivision or other governing ordinance or plan shall be applied in any manner which adversely affects the rights of the applicant, as granted in the curative amendment or the sustained validity challenge. During these protected periods, the court shall retain or assume jurisdiction for the purpose of awarding such supplemental relief as may be necessary.
[1]
Editor's Note: See 53 P.S. §§ 10609.1 and 10916.1, respectively.
G. 
Curative amendment by the Borough Council.
(1) 
The Borough Council, by formal action, may declare this chapter, or portions thereof, substantively invalid and propose to prepare a curative amendment to overcome such invalidity. Within 30 days following such declaration and proposal, the Borough Council shall:
(a) 
By resolution, make specific findings setting forth the declared invalidity of the ordinance or portions thereof, which may include:
[1] 
References to specific uses which are either not permitted or not permitted in sufficient quantity;
[2] 
References to a class of use or uses which require revision; or
[3] 
References to the entire ordinance which requires revisions.
(b) 
Begin to prepare and consider a curative amendment to the ordinance to correct the declared invalidity.
(2) 
Within 180 days from the date of the declaration and proposal, the Borough Council shall enact a curative amendment to validate, or reaffirm the validity of, this chapter pursuant to the provisions required by Section 609 of the MPC[4] in order to cure the declared invalidity of the ordinance.
[4]
Editor's Note: See 53 P.S. § 10609.
(3) 
Upon the date of the declaration and proposal, the Borough Council shall not be required to entertain or consider any curative amendment filed by a landowner. Nor shall the Zoning Hearing Board be required to give a report, upon request, for a challenge to the validity of the ordinance under Subsection G, subsequent to the declaration and proposal, based upon the grounds identical to, or substantially similar to, those specified in the resolution required by this section. Upon the enactment of a curative amendment to, or the reaffirmation of the validity of, this chapter, no rights to a cure by amendment or challenge shall, from the date of the declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of the unamended Zoning Ordinance for which the Borough Council propose to prepare a curative amendment.
(4) 
The Borough Council, having utilized the procedures as set forth in this section, may not again utilize said procedures for a thirty-six-month period following the date of the enactment of a curative amendment, or reaffirmation of the validity of the ordinance; provided, however, that, if after the date of declaration and proposal, there is a substantially new duty or obligation imposed upon the Borough by virtue of a Pennsylvania Appellate Court decision, the Borough Council may utilize the provisions of this section to prepare a curative amendment to the ordinance to fulfill this duty or obligation.
A. 
Parties to proceedings before the governing body may utilize mediation as an aid in completing such proceedings. In no case shall the governing body, initiate, mediation or participate as a mediating party. Mediation shall supplement, not replace, those procedures in this Article VII once they have been formally initiated.
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 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 by the Act, provided there is written consensus by the mediating parties, and by an applicant or municipal decision making 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 decision making body pursuant to the authorized procedures set forth in the MPC;
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. 
Submission constitutes public record (waiver of copyright).
(1) 
By making a submission under this chapter, the applicant acknowledges and agrees that all documents and other information submitted to the Borough pursuant to this chapter constitute public records within the meaning of the Pennsylvania Right to Know Law, Act 3 of 2008, as amended,[1] and are therefore subject to review and reproduction upon request in accordance with that law and applicable Borough ordinances and resolutions.
[1]
Editor's Note: See 65 P.S. § 67.101 et seq.
(2) 
To the extent that any such documents or information are not deemed public records and are subject to protection pursuant to federal or state copyright laws, or common law copyright protection, the applicant and all of its agents, employees and consultants, by filing documents with the Borough pursuant to this chapter, shall be deemed to have waived all copyright protection as relates to review, analysis, criticism, or approval of the application by the Borough and all of its agents, servants, employees, officials, and consultants, and the public at large.
(3) 
The applicant hereby agrees to indemnify and hold harmless the Borough and all of its agents, servants, employees, officials, and consultants of any and all claims related to violations of the copyright.
B. 
Applicant's duty of good faith.
(1) 
Upon the filing of an application for review under this chapter, the applicant shall exercise good faith and promptly address or otherwise respond substantively to the review comments and requirements of the Borough and its staff and consultants.
(2) 
It is the duty of the applicant to move the application to completion in a prompt, timely, and diligent manner so as to enable formal action by the respective agency or agent of the Borough, as the case may be, and to comply with all conditions of approval imposed by such agencies or agents.
(3) 
The Borough is not obligated to accept an applicant's offer of a time extension for application review or grant a continuance of any hearing, meeting or review.
C. 
Unsworn falsification to authorities. All statements, whether written or oral, to the Borough in the course of the review of the application under this chapter shall be true and correct to the best of the knowledge, information and belief of the applicant or its agents and consultants, and with the understanding that any false statement is subject to the penalties of 18 Pa.C.S.A. § 4804, relating to Unsworn Falsification to Authorities.
Proceedings for securing review of any ordinance or of any decision, determination, or order of the Borough Council, their agencies, the Zoning Hearing Board, or the Zoning Officer issued pursuant to this chapter shall be in accordance with Article X-A of the MPC.[1]
[1]
Editor's Note: See 53 P.S. § 11001-A et seq.
Except as otherwise required by law, this chapter is intended as a continuation of, and not a repeal of, existing regulations governing the subject matter. To the extent that this chapter restates regulations contained in ordinances previously enacted by the Borough this chapter shall be considered a restatement and not a repeal of such regulations. It is the specific intent of the Borough Council that all provisions of this chapter shall be considered in full force and effect as of the date such regulations were initially enacted. All ordinances or parts of ordinances inconsistent with the provisions of this chapter are hereby repealed. It is expressly provided that the provisions of this chapter shall not affect any act done, contract executed or liability incurred prior to its effective date, or affect any suit or prosecution pending or to be instituted to enforce any rights, rule, regulation or ordinance, or part thereof, or to punish any violation which occurred under any prior zoning regulation or ordinance. In the event any violation has occurred under any prior zoning regulation or ordinance, prosecution may be initiated against the alleged offender pursuant to the provisions of said prior zoning regulation or ordinance, and the provisions and penalties provided in said prior zoning regulation or ordinance shall remain effective as to said violation.