This chapter shall apply throughout the Borough. Any activity
regulated by this chapter shall only occur in such a way that conforms
with the regulations of this chapter.
A zoning permit indicates that a zoning application complies
with this chapter to the best knowledge of the Zoning Officer or his/her
designee. No zoning permit or certificate of use and occupancy shall
be granted by him/her for any purpose except in compliance with the
literal provisions of this chapter and with all the provisions of
the Borough's Building Codes. The Zoning Officer may be authorized
to institute civil enforcement proceedings as a means of enforcement
when acting within his/her scope of employment.
A. A zoning permit is required to be issued prior to the start of any
of the following activities:
(1)
Erection, construction, movement, placement, razing, demolition,
removal, alteration or expansion (vertical or horizontal) of a structure,
building or sign;
(2)
Of the type of use or expansion of the use of a structure or
area of land;
(4)
Demolition of a building;
(5)
Other activities required to have a permit by this chapter;
(6)
The alteration or development of any improvement or unimproved
real estate, including, but not limited to, mining, dredging, filling,
grading, paving, excavation or drilling operations for underground
utilities provided the final grade is not altered;
(7)
The erection or alteration of any signs specified in Article
XVII of this chapter;
(8)
The construction or installation of animal waste impoundments,
lakes, ponds, dams, or other water retention basins;
(9)
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.
B. The Borough may, at its option, issue combined or separate building
permits and zoning permits and/or may utilize a single or separate
application for the permits.
C. The only determination by the Zoning Officer that shall be official
shall be a written determination after the Zoning Officer receives
a duly submitted written official application.
D. Such zoning permits shall be granted or refused within 90 days from
date of application.
E. No zoning permit shall be issued except in conformity with:
(1)
All applicable regulations of this chapter;
(2)
Any conditions imposed upon the site by the Zoning Hearing Board
or the Borough Council; and
(3)
Any recorded subdivision or land development plan.
F. In all instances in which the Zoning Officer expresses a reasonable
doubt as to the ability of a proposed use to meet all of the above-described
requirements, it will be incumbent upon the applicant to furnish adequate
evidence in support of his application. If such evidence is not presented,
the zoning permit will be denied.
G. Application for a zoning permit shall be made by the owner or lessee
of any building or structure, or the agent of either; provided, however,
that if the application is made by a person other than the owner or
lessee, it shall be accompanied by a written authorization of the
owner or the qualified person making the application, that the proposed
work is authorized by this owner. The full names and addresses of
the owner, lessee, applicant, and of the responsible officers, if
the owner or lessee is a corporate body, shall be stated in the application.
H. The Zoning Officer may call upon other Borough staff and/or municipal
appointed consultants in the review of submitted materials for applications.
I. 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 which the permit or approval
was based or for any other cause set forth in this chapter.
J. Where a zoning permit is required by this chapter, but the work is
commenced or changed prior to obtaining such permit and after notice
by the Borough, the fees set by ordinance or resolution of the Borough
Council for such permit shall be doubled. The doubling of the permit
fee shall be required to reflect the additional expense incurred by
the Borough resulting from the need to inspect the property, respond
to any complaints, and issue any enforcement notices and/or process
the application as soon as it is received. The payment of such increased
permit fee shall not relieve any person from complying with all requirements
of this chapter or any other applicable Borough ordinances or from
any penalties or enforcement actions authorized by this chapter.
K. Issuance of permits. Upon receiving the application, the Zoning Officer
shall examine the same within a reasonable time after filing. If the
application or plans do not conform to the provisions of all pertinent
local laws, he shall reject such application, in writing, stating
the reasons therefor. He shall inform the applicant of his right to
appeal to the Zoning Hearing Board in the event such application is
rejected. If satisfied that the proposed work and/or use conforms
to the provisions of this chapter and all laws and ordinances applicable
thereto, and that the certificate of use and occupancy as required
herein has been applied for, he shall issue a permit therefor as soon
as practical but not later than 90 days from receipt of the application.
L. 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. Additional fees may
apply as set by the Borough Council.
M. Expiration of zoning permit. The permit shall expire after one year
from the date of issuance; provided, however, that the same may be
extended one time for one additional year, upon written request by
the applicant on a form provided by the Borough.
N. Compliance with ordinance. 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 this chapter, except
as stipulated by the Zoning Hearing Board.
O. 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.
P. 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 certificate of occupancy.
Q. Inspections. Inspections of the property in question by the Zoning
Officer or other duly appointed official may be required at various
intervals during the construction process. By submitting an application
for a zoning permit, the landowner authorizes the Borough to perform
such inspections as required.
If an application under this chapter would also be regulated
by the Borough of Middletown Subdivision and Land Development Ordinance
("SALDO"), then any permit or approval under this chapter shall automatically
be conditioned upon compliance with the SALDO.
A. For example, if an applicant applies for a permit for a single-family
detached dwelling on a proposed new lot, the construction permit for
such dwelling shall not be valid until after the lot is granted final
subdivision and land development approval and the lot is officially
recorded by the County Recorder of Deeds.
The following rules shall apply where uncertainty exists as
to boundaries of any district as shown on the Zoning Map:
A. District boundary lines are intended to follow or be parallel to
the center line of street rights-of-way, creeks, railroads and lot
lines (according to official county records) as they existed at the
time of the adoption of this chapter, unless such district boundary
lines are fixed by dimensions as shown on the Official Zoning Map.
B. Where a district boundary is not fixed by dimensions and where it
approximately follows lot lines, such boundary shall be construed
to follow such lot lines unless specifically shown otherwise.
C. The location of a district boundary that divides a lot shall be determined
by the use of the scale appearing on the Zoning Map unless indicated
otherwise by dimensions.
D. Where a municipal boundary divides a lot, the minimum lot area shall
be regulated by the municipality in which the principal use(s) are
located, unless otherwise provided by applicable case law. The land
area within each municipality shall be regulated by the use regulations
and other applicable regulations of each municipality.
All of the enforcement, violations and penalty provisions of
the Pennsylvania Municipalities Planning Code, as amended, are hereby incorporated into this chapter
by reference.
A. Violations. Any person who shall commit or who shall permit any of
the following actions violates this chapter:
(1)
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, or the excavation of land to prepare
for the erection, construction or alteration of any structure or portion
thereof.
(2)
Placement of false statements on or omitting relevant information
from an application for a zoning permit.
(3)
Undertaking any action in a manner which does not comply with
an approved zoning permit.
(4)
Violation of any conditions imposed by a decision of the Zoning
Hearing Board in granting a variance, special exception or other approval.
(5)
Violation of any condition imposed by a decision of the Borough
Council in granting a conditional use.
B. Causes of action; enforcement; remedies.
(1)
Enforcement. 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. Prior to sending an official enforcement notice, the Zoning
Officer may at his/her option informally request compliance.
(2)
Enforcement notice. 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. An enforcement notice shall state
the following, at minimum:
(a)
The name of the owner of record and any other person against
whom the Borough of Middletown 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 15 days, in accordance with procedures
set forth in this chapter.
(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.
(3)
Evidence and fees. In any appeal of an enforcement notice to
the Zoning Hearing Board, the Borough shall have the responsibility
of presenting its evidence first. Any filing fees paid by a party
to an appeal to an enforcement notice to the Zoning Hearing Board
shall be returned to the appealing party by the Borough if the Zoning
Hearing Board, or any court in a subsequent appeal, rules in the appealing
party's favor.
(4)
Cause of action. If the enforcement notice is not complied with
within the specified time period, the Zoning Officer shall notify
the Borough Council. With the consent of the Borough Council, the
Borough Solicitor or other officer of the Borough 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.
(5)
Violations and penalties. 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 the reasonable
attorney's 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 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 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. Imprisonment shall not be authorized
by this chapter.
(6)
The Court of Common Pleas, upon petition, may grant any order
of stay, upon cause shown, tolling the per diem fine pending a final
adjudication of the violation and judgment.
(7)
Nothing 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.
Determination. The Borough Council may, by resolution, establish
fees for the administration of this chapter. All fees shall be determined
by a schedule that is made available to the general public. The Borough
Council may reevaluate the fees schedule and make necessary alterations
to it. Such alterations shall not be considered an amendment to this
chapter and may be adopted at any public meeting of the Borough Council.