This article outlines the procedures and regulations by which
this chapter shall be administered. Procedures for obtaining and regulating
permits, amending this chapter, and the responsibilities of the Zoning
Officer are included herein.
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 hereunder, pay a judgment of not more than $500, plus all
court costs, including reasonable attorney's 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. In the event that any such person against
whom a judgment has been rendered by the District Justice neither
pays nor timely appeals the judgment, the Borough may enforce the
judgment pursuant to the applicable Pennsylvania 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 such person,
partnership, or corporation violating this chapter to have believed
that there was no such violation. In that latter 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. All judgments, costs and reasonable
attorney's fees collected for the violation of this chapter shall
be paid over to the Borough.
Applications for permits shall be made to the Zoning Officer
on such forms provided by the Borough. Each application shall contain
all information necessary for the Zoning Officer to ascertain whether
the proposed erection, alteration, use or change of use complies with
the provisions of this chapter. The application shall include at least
the following information and such other information as may be required
by the form provided by the Borough:
A.
A written statement, including:
(1)
An identification of the proposed use of the building, structure,
or land.
(2)
A description of any proposed industrial or commercial operations
in sufficient detail to indicate effects of those operations in producing
noise, heat, vibration, glare, air pollution, water pollution, fire
hazards, traffic congestion, or other safety hazards.
(3)
A description of methods to be employed in controlling any excess
noise, air pollution, smoke, fumes, water pollution, fire hazards
or other safety hazards.
(4)
Any other data deemed necessary by the Zoning Officer to enable
determining the compliance of the proposed development with the terms
of this chapter.
B.
A site plan drawn to scale, showing:
(1)
The location, dimensions and height of existing and proposed
buildings, structures or uses in relation to property and street lines.
If the application relates to property which is scheduled to be developed
in successive stages, such plans shall show the relationship of the
portion scheduled for initial development to the proposed layout and
use of the entire property.
(2)
The location, dimensions, arrangement and capacity of all open
spaces and yards and buffer areas, including proposed landscaping
and plant materials and screening methods.
(3)
The location, site arrangement and capacity of all areas to
be used for motor vehicle access, off-street parking and provisions
proposing lighting for such areas.
(4)
The size, dimensions, location and methods of illumination of
signs, if applicable.
C.
The application must be acknowledged by the applicant and proof
establishing the applicant's standing to make the application must
be submitted as part of the application.
D.
No zoning permit application is complete unless it is accompanied
by the requisite fee. Applications found to be incomplete will not
be accepted or processed.
E.
Public notice of said application for a zoning permit shall
be conspicuously posted on the affected tract or parcel(s) of land
at least one week prior to the hearing along with written notice as
provided in § 220-2806.
It shall be unlawful for any person to use or occupy any building
or other structure or land until a certificate of occupancy has been
duly issued. Use and occupancy permits shall be in accordance with
Borough Ordinance 5-5017.
If the Zoning Officer determines that an application is in compliance
with the provisions of this chapter, the permit shall be issued appropriately.
If the Zoning Officer determines that an application is not in compliance
with the provisions of this chapter, a statement shall be issued to
the applicant detailing the reasons for such refusal, in which case
the applicant shall be instructed as to the method of appeal to the
Zoning Hearing Board. No permit shall be issued to any applicant until
any and all fees incurred which are payable to the Borough are paid
in full.
The granting of any permit under this chapter shall create no
liability upon, nor a cause of action against, any Borough official
or employee for damages or injury that may occur from the use, construction,
or enlargement of structures or the use of land.