[Ord. 88-7, 5/12/1988; as amended by Ord. 93-4, 2/18/1993]
1. For the administration of this chapter, a Zoning Officer, who shall
not hold any elective office in the Borough, shall be appointed.
2. The Zoning Officer shall meet the qualifications established by the
Borough and shall be able to demonstrate to the satisfaction of the
Borough a working knowledge of municipal zoning.
3. The Zoning Officer shall administer this chapter in accordance with
its literal terms, and shall not have the power to permit any construction
or any use or change of use which does not conform to this chapter.
4. The Zoning Officer is hereby authorized to institute civil enforcement
proceedings as a means of enforcement when acting within the scope
of his employment.
[Ord. 88-7, 5/12/1988]
It shall be the duty of the Zoning Officer, and he is hereby
given the power and authority, to enforce the provisions of this chapter.
The Zoning Officer shall examine all applications for permits, issue
permits for construction and uses which are in accordance with the
requirements of this chapter, record and file all applications for
permits with accompanying plans and documents, and make such reports
as the Borough Council may require. Permits for construction and uses
which are a special exception, or a variance to requirements of this
Part shall be issued only upon approval by the Zoning Hearing Board.
[Ord. 88-7, 5/12/1988]
All appeals from a decision by the Zoning Officer shall be taken
in the manner set forth in the Pennsylvania Municipalities Planning
Code (Act 247), as amended.
[Ord. 88-7, 5/12/1988; as amended by Ord. 93-4, 2/18/1993]
1. There is hereby created for the Borough a Zoning Hearing Board in
accordance with the provisions of Article IX of the Pennsylvania Municipalities
Planning Code, 53 P.S. § 10901 et seq.
2. The membership of the Board shall consist of five residents of the
Borough appointed by resolution by the Borough Council. The terms
of office shall be five years and shall be so fixed that the term
of office of one member shall expire each year. The Board shall promptly
notify the Borough Council of any vacancies which occur. Appointments
to fill vacancies shall be only for the unexpired portion. Members
of the Board shall hold no other office in the Borough.
3. Any Board member may be removed for malfeasance, misfeasance or nonfeasance
in office or for other just cause by a majority vote of the Borough
Council which appointed the member, taken after the member has received
15 days' advance notice of the intent to take such a vote. A hearing
shall be held in connection with the vote if the member shall request
it in writing.
4. The Board shall elect from its own membership its officers, who shall
serve annual terms as such and may succeed themselves. For the conduct
of any hearing and the taking of any action a quorum shall be not
less than a majority of all the members of the Board, but the Board
may appoint a hearing officer from its own membership to conduct any
hearing on its behalf and the parties may waive further action by
the Board as provided in this chapter.
5. The Board may make, alter and rescind rules and forms for its procedure,
consistent with ordinances of the Borough and laws of the Commonwealth.
The Board shall keep full public records of its business, which records
shall be the property of the Borough and shall submit a report of
its activities to the Borough Council as requested by the Borough
Council.
6. Within the limits of funds appropriated by the Borough Council, the
Board may employ or contract for secretaries, clerks, legal counsel,
consultants and other technical and clerical services. Members of
the Board may receive compensation for the performance of their duties,
as may be fixed by the Borough Council, but in no case shall it exceed
the rate of compensation authorized to be paid to the members of the
Borough Council.
[Ord. 88-7, 5/12/1988; as amended by Ord. 93-4, 2/18/1993]
The Zoning Hearing Board shall conduct hearings and made decisions
in accordance with the following requirements:
1. Public notice shall be given and written notice shall be given to
the applicant, the Zoning Officer and to any person who has made timely
request for the same. Written notices shall be given at such time
and in such manner as shall be prescribed by rules of the Board. In
addition to the written notice provided herein, written notice of
said hearing shall be conspicuously posted on the affected tract of
land at least one week prior to the hearing.
2. The hearing shall be held within 60 days from the date of the applicant's
request, unless the applicant has agreed in writing to an extension
of time.
3. The hearings shall be conducted by the Board or the Board may appoint
any member as a hearing officer. The decision, or, where no decision
is called for, the findings shall be made by the Board, however, the
appellant or the applicant, as the case may be, in addition to the
Borough, may, prior to the decision of the hearing, waive decision
or findings by the Board and accept the decision or findings of the
hearing officer as final.
4. The parties to the hearing shall be the Borough, any person affected
by the application who has made timely appearance of record before
the Board, and any other person including civic or community organizations
permitted to appear by the Board. The Board shall have power to require
that all persons who wish to be considered parties enter appearances
in writing on forms provided by the Board for that purpose.
5. The chairman or acting chairman of the Board or the hearing officer
presiding shall have power to administer oaths and issue subpoenas
to compel the attendance of witnesses and the production of relevant
documents and papers, including witnesses and documents requested
by the parties.
6. The parties shall have the right to be represented by counsel and
shall be afforded the opportunity to respond and present evidence
and argument and cross-examine adverse witnesses on all relevant issues.
7. Formal rules of evidence shall not apply, but irrelevant, immaterial,
or unduly repetitious evidence may be excluded.
8. The Board or the hearing officer, as the case may be, shall keep
a stenographic record of the proceedings. The appearance fee for a
stenographer shall be shared equally by the applicant and the Board.
The cost of the original transcript shall be paid by the Board if
the transcript is ordered by the Board or hearing officer or shall
be paid by the person appealing from the decision of the Board if
such appeal is made, and in either event the cost of additional copies
shall be paid by the person requesting such copy or copies. In other
cases the party requesting the original transcript shall bear the
cost thereof.
9. The Board or the hearing officer shall not communicate, directly
or indirectly, with any party or his representatives in connection
with any issue involved except upon notice and opportunity for all
parties to participate, shall not take notice of any communication,
reports, staff memoranda, or other materials, except advice from their
solicitor, unless the parties are afforded an opportunity to contest
the material so noticed and shall not inspect the site or its surroundings
after the commencement of hearings with any party or his representative
unless all parties are given an opportunity to be present.
10. The Board or the hearing officer, as the case may be, shall render a written decision or, when no decision is called for, make written findings on the application within 45 days after the last hearing before the Board or hearing officer. Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon together with the reasons therefor. Conclusions based on any provisions of this chapter or of any law, ordinance, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found. If the hearing is conducted by a hearing officer, and there has been no stipulation that his decision or findings are final, the Board shall make his report and recommendations available to the parties within 45 days and the parties shall be entitled to make written representations thereon to the Board prior to final decision or entry of findings, and the Board's decision shall be entered no later than 30 days after the report of the hearing officer. Where the Board fails to render the decision within the period required by this subsection, or fails to hold the required hearing within 60 days from the date of the applicant's request for a hearing, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the Board to meet or render a decision as hereinabove provided, the Board shall give public notice of the said decision within 10 days from the last day it could have met to render a decision in the same manner as provided in Subsection
1 of this section. If the Board shall fail to provide such notice, the applicant may do so. Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.
11. A copy of the final decision or, where no decision is called for,
of the findings shall be delivered to the applicant personally or
mailed to him not later than the day following its date. To all other
persons who have filed their name and address with the Board not later
than the last day of the hearing, the Board shall provide by mail
or otherwise, brief notice of the decision or findings and a statement
of the place at which the full decision or findings may be examined.
12. The Borough Council shall establish, by resolution, fees with respect
to hearings before the Zoning Hearing Board.
[Ord. 88-7, 5/12/1988; as added by Ord. 93-4, 2/18/1993]
1. The Zoning Hearing Board shall have exclusive jurisdiction to hear
and render final adjudications in the following matters:
A. Substantive challenges to the validity of any land use ordinance,
except those brought before the Borough Council pursuant to §§ 609.1
and 916.1(a)(2) of the Pennsylvania Municipalities Planning Code (hereinafter
"MPC"), 53 P.S. §§ 10609.1, 10916.1.
B. Challenges to the validity of a land use ordinance raising procedural
questions or alleged defects in the process of enactment or adoption
which challenges shall be raised by an appeal taken within 30 days
after the effective date of said ordinance. Where the ordinance appealed
from is the initial zoning ordinance of the Borough and a Zoning Hearing
Board has not been previously established, the appeal raising procedural
questions shall be taken directly to court.
C. Appeals from the determination of the Zoning Officer, including,
but not limited to, the granting or denial of any permit, or failure
to act on the application therefor, the issuance of any cease and
desist order or the registration or refusal to register any nonconforming
use, structure or lot.
D. Appeals from a determination by the Borough engineer or the Zoning
Officer with reference to the administration of any floodplain or
flood hazard ordinance or such provisions within a land use ordinance.
E. Applications for variances from the terms of this chapter and flood
hazard ordinance or such provisions within a land use ordinance, pursuant
to § 910.2 of the MPC, 53 P.S. § 10910.2.
F. Applications for special exceptions under this chapter or floodplain
or flood hazard ordinance or such provisions within a land use ordinance,
pursuant to § 912.1 of the MPC, 53 P.S. § 10912.1.
G. Appeals from the determination of any officer or agency charged with
the administration of any transfers of development rights or performance
density provisions of this chapter.
H. Appeals from the Zoning Officer's determination under § 916.2
of the MPC, 53 P.S. § 10916.2.
I. Appeals from the determination of the Zoning Officer or Borough engineer
in the administration of any land use ordinance or provision thereof
with reference to sedimentation and erosion control and storm water
management insofar as the same relate to development not involving
applications under Article V or VII of the MPC, 53 P.S. §§ 10501
et seq., 10701 et seq.
2. The Borough Council, shall have exclusive jurisdiction to hear and
render final adjudications in the following matters:
A. All applications for approvals of planned residential developments
under Article VII of the MPC pursuant to the provisions of § 702
of the MPC, 53 P.S. § 10702.
B. All applications pursuant to § 508 of the MPC, 53 P.S.
§ 10508, for approval of subdivisions or land developments
under Article V of the MPC, 53 P.S. § 10501 et seq.
C. Applications for conditional use under the express provisions of
this chapter.
D. Applications for curative amendment to this chapter or pursuant to
§§ 609.1 and 916.1(a) of the MPC, 53 P.S. §§ 10609.1,
10916.1(a).
E. All petitions for amendments to land use ordinances, pursuant to
the procedures set forth in § 609 of the MPC, 53 P.S. § 10609.
F. Appeals from the determination of the Zoning Officer or the Borough
engineer in the administration of any land use ordinance or provisions
thereof with reference to sedimentation and erosion control and storm
water management insofar as the same relate to applications for land
development under Articles V and VII of the MPC, 53 P.S. §§ 10501
et seq., 10701 et seq. Where such determination relates only to development
not involving an Article V or VII application, the appeal from such
determination of the Zoning Officer or the Borough engineer shall
be to the Zoning Hearing Board pursuant to this section. Where the
applicable land use ordinance vests jurisdiction for final administration
of subdivision and land development applications in the Planning Commission,
all appeals from determinations under this subsection shall be to
the Planning Commission and all appeals from the decision of the Planning
Commission shall be to court.
[Ord. 88-7, 5/12/1988; as added by Ord. 93-4, 2/18/1993]
1. The Zoning Hearing Board shall hear requests for variances where
it is alleged that the provisions of this chapter inflict unnecessary
hardship upon the applicant. The Board may by rule prescribe the form
of application and may require preliminary application to the Zoning
Officer.
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The Board may grant a variance, provided that all of the following
findings are made where relevant in a given case:
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A. That there are unique physical circumstances or conditions, including
irregularity, narrowness, or shallowness of lot size or shape, or
exceptional topographical or other physical conditions peculiar to
the particular property and that the unnecessary hardship is due to
such conditions and not the circumstances or conditions generally
created by the provisions of this chapter in the neighborhood or district
in which the property is located.
B. That because of such physical circumstances or conditions, there
is no possibility that the property can be developed in strict conformity
with the provisions of this chapter and that the authorization of
a variance is therefore necessary to enable the reasonable use of
the property.
C. That such unnecessary hardship has not been created by the applicant.
D. That the variance, if authorized, will not alter the essential character
of the neighborhood or district in which the property is located,
nor substantially or permanently impair the appropriate use or development
of adjacent property, nor be detrimental to the public welfare.
E. That the variance, if authorized, will represent the minimum variance
that will afford relief and will represent the least modification
possible of the regulation in issue.
2. In granting any variance, the Board may attach such reasonable conditions
and safeguards as it may deem necessary to implement the purposes
of this chapter and the Pennsylvania Municipalities Planning Code,
53 P.S. § 10101 et seq.
[Ord. 88-7, 5/12/1988; as amended by Ord. 93-4, 2/18/1993;
and by Ord. 98-1, 7/16/1998, § 9]
1. Special Exceptions. Where the Borough Council, in this chapter, has
stated special exceptions to be granted or denied by the Zoning Hearing
Board pursuant to express standards and criteria, the Board shall
hear and decide requests for such special exceptions in accordance
with such standards and criteria. In granting a special exception,
the Board may attach such reasonable conditions and safeguards, in
addition to those expressed in this chapter, as it may deem necessary
to implement the purposes of this chapter and the Pennsylvania Municipalities
Planning Code, 53 P.S. § 10101 et seq.
A. The Board's decision to grant a permit for special exception use
shall be made only after public notice and hearing. Such permit shall
apply specifically to the application and plans submitted and presented
at said public hearing. Any subsequent amendments or additions shall
be subject to review and public hearing by the Zoning Hearing Board
as a special exception.
B. No application for a permit shall be granted by the Zoning Hearing
Board for any special exception use until said Board has first received
and considered an advisory report thereon from the Planning Commission
with respect to the location of such use in relation to the needs
and growth pattern of the Borough of Hummelstown, where appropriate,
with reference to the adequacy of the site area and the arrangement
of buildings, driveways, parking areas, off-street truck loading spaces,
and other pertinent features of the proposal.
C. The Planning Commission shall have 30 days from the date of its receipt
of the application within which to file its report thereon. In the
event that the Commission shall fail to file its report within 30
days, such application shall be deemed to have been approved by the
Planning Commission. The Commission may have representation at the
public hearing held by the Zoning Hearing Board on such application.
After receipt of the report, the Zoning Hearing Board shall hear the
application in the same manner and under the same procedure as it
is empowered by law and ordinance to hear cases and make exceptions
to the provisions of the Zoning Chapter. The Zoning Hearing Board
may thereafter direct the Zoning Officer to issue a permit if, in
its judgement, any one of such cases will not be detrimental to the
health, safety, and general welfare of the Borough of Hummelstown.
D. A special exception use for which a permit is granted by the Zoning
Hearing Board pursuant to the provisions of this section shall be
construed to be a conforming use.
2. Conditional Uses. Where the Borough Council, in this chapter, has
stated conditional uses to be granted or denied by the Borough Council
pursuant to express standards and criteria, the Council shall hear
and decide requests for such conditional uses in accordance with such
standards and criteria. In granting a conditional use, the Borough
Council may attach such reasonable conditions and safeguards, in addition
to those expressed in this chapter, as it may deem necessary to implement
the purposes of this chapter and the Pennsylvania Municipalities Planning
code, 53 P.S. §§ 10101 et seq.
A. The Borough Council's decision to grant a permit for conditional
uses shall be made only after public notice and hearing. Such permit
shall apply specifically to the application and plans submitted and
presented at said public hearing. Any subsequent amendments or additions
shall be subject to review and public hearing by Borough Council as
a conditional use.
B. No application for a permit shall be granted by the Borough Council
for any conditional use until Borough Council has first received and
considered an advisory report thereon from the Planning Commission
with respect to the location of such use in relation to the needs
and growth pattern of the Borough of Hummelstown, where appropriate,
with reference to the adequacy of the site area and the arrangement
of buildings, driveways, parking areas, off-street truck loading spaces
and other pertinent features of the proposal.
C. The Planning Commission shall have 30 days from the date of its receipt
of the application within which to file its report thereon; provided,
that should the said next regular meeting occur more than 30 days
following the filing of the application, the said thirty-day period
shall be measured from the thirtieth-day following the day the application
has been filed. The Planning Commission may have representation at
the public hearing held by the Borough Council on such application.
After receipt of the report, the Borough Council shall hear the application
in the same manner and under the same procedure as it is empowered
by law and ordinance to hear cases.
D. The Borough Council shall render a written decision or, when no decision
is called for, make written findings on the conditional application
within 45 days after the last hearing before the Borough Council.
Where the application is contested or denied, each decision shall
be accompanied by findings of fact or conclusions based thereon, together
with any reasons therefore. Conclusions based on any provision of
this Act or of any ordinance, rule or regulation shall contain a reference
to the provision relied on and the reasons why the conclusion is deemed
appropriate in light of the facts found.
E. Where the Borough Council fails to render a decision within the period
required by this subsection or fails to hold the required hearing
within 60 days from the date of the applicant's request for a hearing,
the decision shall be deemed to have been rendered in favor of the
applicant unless the applicant has agreed in writing or on the record
to an extension of time. When a decision has been rendered in favor
of the applicant because of failure of the Borough Council to meet
or render a decision as hereinabove provided, the Borough Council
shall give public notice of the decision within 10 days from the last
day it could have met to render a decision in the same manner required
by the public notice requirements of this Act. If the Borough Council
shall fail to provide such notice, the applicant may do so.
F. A conditional use for which a permit is granted by the Borough Council
pursuant to the provisions of this section shall be construed to be
a conforming use.
G. An applicant
seeking a conditional use must demonstrate:
[Added by Ord. No. 2022-3, 8/18/2022]
(1)
That the proposed use will not adversely affect the health or
safety of residents in the neighborhood or district in which the use
is located;
(2)
That the use will not overburden existing public services, including
water, sanitary sewer, public roads, storm drainage or other public
improvements;
(3)
That the use will not be detrimental to the use or development
of, or change the essential character of, the neighborhood or district
in which the use is proposed. The Borough Council shall consider,
at a minimum, the impact of noise, dust, light, odor and adequacy
of parking; and
(4)
The use shall meet all other requirements of this chapter that
may apply.
[Ord. 88-7, 5/12/1988]
1. Requirements of Permits. A building and/or zoning permit shall be
required prior to the erection, addition, or alteration of any building
or portion thereof; prior to the use or change in use of a building
or land; and prior to the change or extension of a nonconforming use.
It shall be unlawful for any person to commence work for the erection
or alteration of any building or for a change in land use, until a
permit has been duly issued therefor. No such building permit or zoning
permit shall be required in case of normal maintenance activities,
minor repairs, and alterations which do not structurally change a
building or structure.
2. Application for Permits. All applications for permits shall be accompanied
by plans in duplicate, drawn to scale, showing the actual shape and
dimensions of the lot to be built upon, the exact size and location
of any buildings existing on the lot, the lines within which the proposed
building or structure shall be erected or altered, the existing and
intended use of each building or part of a building, the number of
families or dwelling units the building is designed to accommodate
and such information as may be necessary to determine compliance with
this chapter and all other ordinances. One copy of such plans shall
be returned to the owner when such plans have been reviewed and acted
upon by the Zoning Officer. All applications with accompanying plans
and documents shall become a public record after a permit is issued
or denied.
3. Issuance of Permits.
A. No permit shall be issued until the Zoning Officer has certified
that the proposed building, addition this chapter, as well as the
provisions of all other applicable ordinances.
B. Zoning Officer shall act upon request within 30 days following application.
C. A permit issued hereunder shall become void 12 months after issuance
date, unless a request for extension has been submitted to and approved
by the Zoning Officer. Such request shall be filed with the Zoning
Officer at least 30 days prior to the permit expiration date.
4. Temporary Permits. A temporary permit may be authorized by the Zoning
Officer for a 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 permits shall be issued for
a specified period of time not to exceed one year, and may be renewed
annually for an aggregate period not exceeding two years.
[Ord. 88-7, 5/12/1988]
1. A Certificate of Nonconformance shall be issued by the Zoning Officer
to the owner of any property which, at the time of the effective date
of this chapter, is identified as containing a non-conforming use
or structure. The owner's property and the issuance date of such certificate
shall be registered in the records of the Borough as follows:
A. Such Certificate of Nonconformance shall be issued within 180 days
after the effective date of this chapter.
B. The Certificate of Nonconformance shall set forth in detail all of
the nonconforming conditions of said property.
C. A copy of the Certificate of Nonconformance shall be retained and
filed by the Zoning Officer.
D. The Certificate shall be for the purposes of insuring the owner the
right to continue a nonconforming use in accordance with the regulations
of this chapter.
[Ord. 88-7, 5/12/1988]
1. The Borough Council shall establish a schedule of fees, charges and
expenses, as wall as a collection procedure for zoning permits, certificates
of occupancy, appeals, variances, special exceptions, amendments,
bonds and other matters pertaining to this chapter. The schedule of
fees shall be posted in the office of the Zoning Officer.
2. Such fees shall be payable to the Borough and until all applicable
fees, charges and expenses have been paid in full, the application
shall be considered incomplete.
[Ord. 88-7, 5/12/1988]
1. Inspection by the Zoning Officer. It shall be the duty of the Zoning
Officer, or his duly appointed representative, to make the following
minimum number of inspections of property for which a permit has been
issued:
A. At the Beginning of Construction. A record shall be made indicating
the time and date of inspection and the finding of the Zoning Officer
in regard to conformance of the construction with plans submitted
with the approved permit application.
(1)
If the actual construction does not conform to the application,
a written notice of violation shall be issued by the Zoning Officer,
and such violation shall be discontinued, upon proper correction of
the violation and receipt of written notice from the Zoning Officer,
construction shall proceed.
B. At the Completion of Construction. A record shall be made indicating
the time and date of the inspection; the findings of the Zoning Officer
in regard to conformance to this chapter, and the opinion of the Zoning
officer in regard to the issuance of a Certificate of Use Permit.
[Ord. 88-7, 5/12/1988]
1. A Certificate of Use shall be a statement issued by the Zoning Officer
setting forth that a building, structure, parcel, or use of land complies
with the provisions of this chapter.
2. No vacant land shall be occupied or used, and no structure or part
of a structure hereafter erected, substantially altered or changed
in use shall be occupied or used until a Certificate of Use shall
have been issued by the Zoning Officer.
3. A Certificate of Use for the use or occupancy of vacant land or for
a change in the use of land, or for a change in the use of an existing
building, either for whole or part of a new building or for the alteration
of an existing building, shall be applied for coincident with the
application for a building or zoning permit, and shall be issued or
denied within 15 days after a final inspection by the Zoning Officer.
4. A Certificate of Use for changing or extending a non-conforming use,
existing at the time of the passage of this chapter or of an amendment
thereto, shall be applied for and issued before any such non-conforming
use shall be changed or extended. Such Certificate shall be issued
within 15 days after a final inspection and approval by the Zoning
Officer.
5. A record of all Certificates of Use shall be kept on file in the
office of the Zoning Officer.
[Ord. 88-7, 5/12/1988; as added by Ord. 93-4, 2/18/1993]
1. 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 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 period of 10 days.
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.
[Ord. 88-7, 5/12/1988; as added by Ord. 93-4, 2/18/1993]
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, 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. No such action may be maintained until such notice
has been given.
[Ord. 88-7, 5/12/1988; as amended by Ord. 93-4, 2/18/1993]
1. Any person, partnership or corporation who or which has violated
or permitted the violation of the provisions of this chapter 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 payable until the date of the determination of a violation
by the district justice. 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 district
justice determining that there has been a violation further determines
that there was a good faith basis for the person, partnership or corporation
violating this 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 district justice and thereafter each day that a violation continues
shall constitute a separate violation.
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.
4. District justices shall have initial jurisdiction over proceedings
brought under this section.
[Ord. 88-7, 5/12/1988]
1. An appeal, or application for an amendment, special exception, or
variance from the terms of this chapter shall be filed with the Zoning
Officer, and shall contain:
A. The name and address of the applicant.
B. The name and address of the owner of the real estate to be affected
by such proposal.
C. A brief description and location of the real estate to be affected
by such proposal.
D. A statement of the present zoning classification of the real estate
in question, the improvements thereon, and the present use thereof.
E. A statement of the section of this chapter under which the appeal
or application requested may be allowed, and reasons why it should
be granted; or a statement of the section of this chapter governing
the situation in which the alleged erroneous ruling is being appealed,
and reasons for the appeal.
F. An accurate description of the present improvements and the additions
intended to be made under this application, indicating the size and
use of such proposed improvements and general construction thereof.
In addition, there shall be attached a plot plan of the real estate
to be affected, as required to accompany applications for permits,
indicating the location and size of the lot and location of improvements
now erected, and proposed to be erected thereon.
G. Any other pertinent data required by the Zoning Hearing Board, Borough
Council, and/or Zoning Officer, as appropriate to their individual
authorities set forth in this Part.
[Ord. 88-7, 5/12/1988; as added by Ord. 93-4, 2/18/1993]
Appeals raising the substantive validity of any land use ordinance
(except those to be brought before the Borough Council pursuant to
the Pennsylvania Municipalities Code, procedural questions or alleged
defects in the process of enactment or adoption of a land use ordinance;
or from the determination of the Zoning Officer, including, but not
limited to, the granting or denial of any permit, or failure to act
on the application therefor, the issuance of any cease and desist
order or the registration or refusal to register any nonconforming
use, structure or lot; from a determination by the Borough engineer
or the Zoning Officer with reference to the administration of any
floodplain or flood hazard ordinance or such provisions within a land
use ordinance; from the determination of any officer or agency charged
with the administration of any transfers of development rights or
performance density provisions of this chapter; from the determination
of the Zoning Officer or Borough engineer in the administration of
any land use ordinance or provision thereof with reference to sedimentation
and erosion control and storm water management insofar as the same
relate to development not involving subdivision and land development
or planned residential development may be filed with the Zoning Hearing
Board in writing by the landowner affected, any officer or agency
of the Borough, or any person aggrieved. Requests for a variance and
for special exception may be filed with the Board by any landowner
or any tenant with the permission of such landowner.
[Ord. 88-7, 5/12/1988; as added by Ord. 92-4, 2/18/1993]
1. No person shall be allowed to file any proceeding with the Zoning
Hearing Board later than 30 days after an application for development,
preliminary or final, has been approved by the Borough if such proceeding
is designed to secure reversal or to limit the approval in any manner
unless such person alleges and proves that he had no notice, knowledge
or reason to believe that such approval had been given. If such person
has succeeded to his interest after such approval, he shall be bound
by the knowledge of his predecessor in interest. The failure of anyone
other than the landowner to appeal from an adverse decision on a tentative
plan or from an adverse decision by the Zoning Officer on a challenge
to the validity of this chapter or an amendment hereto or map or an
amendment thereto shall preclude an appeal from a final approval except
in the case where the final submission substantially deviates from
the approved tentative approval.
2. All appeals from determinations adverse to the landowner shall be
filed by the landowner within 30 days after notice of the determination
is issued.
[Ord. 88-7, 5/12/1988]
Should any section or provision of this chapter be declared
by a court of competent jurisdiction to be invalid, such decision
shall not affect the validity of this chapter as a whole, or of any
other part thereof.
[Ord. 88-7, 5/12/1988]
In interpreting and applying the provisions of this chapter,
they shall be held to be the minimum requirements for the promotion
of the health, safety, morals, and general welfare. It is not intended
to interfere with or abrogate or annul other rules regulations, or
ordinances, provided that where this chapter imposes a greater restriction
upon the use of buildings or premises, or upon the height of a building,
or requires larger open spaces than are imposed by such other rules,
easements, covenants, restrictions, regulations or ordinances, the
provisions of this chapter shall control.
[Ord. 88-7, 5/12/1988]
All ordinances or part of ordinances inconsistent herewith are
hereby repealed.
[Ord. 88-7, 5/12/1988]
This chapter shall take effect on the twelfth day of May, 1988.