A. 
Borough Council. Under this chapter, the Borough Council has the duty to:
(1) 
Consider and adopt or reject proposed amendments or the repeal of this chapter as provided by law. Borough Council cannot hear and decide questions of enforcement that may arise.
(2) 
Appoint and remove members of Borough Planning Commission, Zoning Hearing Board and the Zoning Officer. Removal requires just cause and a formal hearing.
(3) 
Receive and consider Borough Planning Commission's ordinance-related recommendations.
(4) 
Ask for recommendations of the Borough Planning Commission on the adoption or amendment of this chapter and for these matters specified in § 303(a) of the Pennsylvania MPC, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10303(a).
(5) 
Advertise and host a public hearing before adopting a zoning ordinance or any of its amendments.
(6) 
Establish fees for the issuance of land development, building, occupancy and sign permits, in accordance with MPC § 717.3(e).[2]
[2]
Editor's Note: See 53 P.S. § 10717.3(e).
(7) 
May prescribe fees for processes outlined in MPC § 717.3(e).[3]
[3]
Editor's Note: See 53 P.S. § 10717.3(e).
(8) 
Has exclusive jurisdiction to hear and render final adjudications for:
(a) 
All applications pursuant to § 508 of the MPC, 53 P.S. § 10508, for approval of subdivisions or land developments under Part V of the MPC, 53 P.S. § 10501 et seq.
(b) 
Applications for conditional use under the express provisions of this chapter.
(c) 
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).
(d) 
All petitions for amendments to land use ordinances, pursuant to the procedures set forth in § 609 of the MPC, 53 P.S. § 10609.
(e) 
Appeals from the determination of the Zoning Officer or the Borough Engineer in the administration of any land use ordinance or provisions with reference to sedimentation and erosion control and stormwater management as enabled by the MPC.
B. 
Borough Planning Commission. Powers and duties of Borough Planning Commission are those outlined in § 209.1 of the Pennsylvania Municipalities Planning Code, as amended.[4]
[4]
Editor's Note: See 53 P.S. § 10209.1.
C. 
Zoning Hearing Board. Powers and duties of Zoning Hearing Board are those outlined in Article IX of the Pennsylvania Municipalities Planning Code, as amended.[5]
[5]
Editor's Note: See 53 P.S. § 10901 et seq.
D. 
Zoning Officer.
(1) 
Duties generally involve:
(a) 
The day-to-day administrative procedures of this chapter.
(b) 
Receiving, reviewing, and issuing building and zoning permits and certificates of occupancy, maintaining records of applications and permits, performing inspections to determine compliance with this chapter.
(c) 
Notify persons violating this chapter.
(d) 
Keeping this chapter and map up-to-date.
(e) 
Accepting applications for and presenting facts at hearings before the Zoning Hearing Board.
(2) 
Borough Council may amend the duties of the Zoning Officer as deemed necessary for the health, safety and welfare of the residents.
(3) 
The Zoning Officer:
(a) 
Must administer this chapter by its literal terms.
(b) 
Does not have any discretionary power and can neither waive nor tighten any requirement of the chapter.
(c) 
Is required to meet qualifications established by the Borough and the Pennsylvania MPC and must be able to demonstrate a working knowledge of the municipal zoning.
(4) 
May also serve as the Building Inspector.
E. 
Building Inspector.
(1) 
The Building Inspector enforces this chapter by issuing building permits and occupancy permits for only such structures and uses that comply with the provisions of this chapter. The Building Inspector conducts all inspections necessary to determine compliance with the ordinance and maintains records thereof.
(2) 
The Building Inspector is responsible for:
(a) 
Maintaining all of the records of this chapter including, but not limited to, all maps, amendments and variances, nonconforming uses appeals and applications.
(b) 
Collecting fees that accompany applications for building and occupancy permits and variances.
(c) 
Receiving, filling and forwarding to the Borough Council and the Borough Planning Commission for action all applications for amendments to this chapter.
(d) 
Receiving, filing and forwarding to the Zoning Hearing Board all applications for variances and appeals.
(3) 
The Building Inspector may also serve as the Zoning Officer.
A. 
Enforcement notice.
(1) 
If it appears to the Borough that a violation of this chapter has occurred, the Borough will initiate enforcement proceedings by sending an enforcement notice as provided in this chapter.
(2) 
The enforcement notice must be sent to the owner of the lot on which the violation has occurred, to any person who has filed a written request to receive enforcement notices regarding that lot, and to any other person requested in writing by the owner of record.
(3) 
An enforcement notice states 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 lot 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 the time frame as defined by the enforcement notice.
(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.
B. 
Remedies.
(1) 
Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this chapter must, 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 may 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 constitutes 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 this chapter to have believed that there was no such violation, in which event there can 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 will constitute a separate violation. All judgments, costs and reasonable attorney fees collected for the violation of this chapter must be paid over to the Borough.
(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 can 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.
A. 
Persons with a claim for reasonable accommodation under the Fair Housing Amendments Act or the Americans With Disabilities Act shall submit the request to the Zoning Hearing Board, which shall require that the following information, which may be reasonably needed to process the request, be provided:
(1) 
Specific citation of the Zoning Ordinance provision from which reasonable accommodation is requested.
(2) 
The name and address of the applicant.
(3) 
The specific description of the reasonable accommodation sought and the particulars, including exact admonitions of any proposed structural or locational accommodation.
(4) 
The condition of the applicant for which reasonable accommodation is sought.
(5) 
A description of the hardship, if any, that the applicant will incur absent provision of the reasonable accommodation requested.
(6) 
A description of any alternative methods of relieving the claimed hardship that have been considered and the reason, if any, why the applicant has rejected such alternatives.
(7) 
A statement describing why the requested accommodation is necessary to afford the applicant an opportunity equal to a non-handicapped or nondisabled person to use and enjoy the dwelling in question.
(8) 
A description of the manner in which the accommodation, if granted, will be terminated or removed if no longer required to afford equal housing opportunity to handicapped or disabled persons.
(9) 
A statement of any facts indicating whether or not non-handicapped or nondisabled persons would be permitted to utilize the property in question in a manner similar sought by the applicant.
B. 
The Zoning Hearing Board may hold any meetings and/or hearing necessary, in its discretion, to elicit information or argument pertinent to the request for accommodation.
C. 
The Zoning Hearing Board's decision shall be in writing and shall state the reasons for the decision.
D. 
The Zoning Hearing Board shall issue its written decision to the applicant and the Borough within 30 days of filing of the request for accommodation.
E. 
A request for reasonable accommodation should be directed in the first instance to the Zoning Hearing Board. In considering a request for reasonable accommodation, the Zoning Hearing Board shall, with the advice of the counsel of the Borough Solicitor, apply the following criteria:
(1) 
Whether the applicant is handicapped or disabled within the meaning of the Federal Fair Housing Act amendments or the Americans With Disabilities Act.
(2) 
The degree to which the accommodation sought is related to the handicap or disability of the applicant.
(3) 
A description of the hardship, if any, that the applicant will incur absent provisions of the reasonable accommodation requested.
(4) 
The extent to which the requested accommodation is necessary to afford the applicant(s) opportunities equal to a non-handicapped or nondisabled person to use and enjoy the dwelling in question.
(5) 
The extent to which the proposed accommodation may impact other property owners in the immediate vicinity.
(6) 
The extent to which the proposed accommodation may be consistent with or contrary to the zoning purposes promoted by this chapter, the Comprehensive Plan, and the community development objectives set forth in this chapter.
(7) 
The extent to which the requested accommodation would impose financial and administrative burdens upon the Borough.
(8) 
The extent to which the requested accommodation would impose an undue hardship upon the Borough.
(9) 
The extent to which the accommodation would require a fundamental alteration in the nature of the Borough's regulatory policies, objectives and regulations.
(10) 
The extent to which the requested accommodation would result in a subsidy, privilege, or benefit not available to non-handicapped or nondisabled persons.
(11) 
The permanency of the requested accommodation and the conditions under which such accommodation will be removed, terminated or discontinued when no longer needed to provide handicapped or disabled persons with equal opportunity to use and enjoy the dwelling in question.
(12) 
The extent to which the requested accommodation will increase the value of the property during and after its occupancy by the applicant.