[Ord. No. 688, 6/4/2018]
For the administration of a zoning ordinance, a Zoning Officer, who shall not hold any elective office in the Municipality, shall be appointed. For the purposes of administering and enforcing this chapter a Zoning Officer shall be appointed by the Borough Council. The appointment of a Zoning Officer is generally governed by Section 614 of Act 247. The Zoning Officer shall hold no elective office in the Borough and shall demonstrate to the satisfaction of the Borough Council a working knowledge of municipal zoning, and shall meet such other qualifications as the Borough Council deems necessary for the effective implementation of the provisions of this chapter. The Zoning Officer may be compensated for his work and shall have the duties specified in §
27-1802 herein.
[Ord. No. 688, 6/4/2018]
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
the provisions herein. He shall have such duties and powers as are
conferred on him by this chapter and as reasonably implied for those
purposes. In addition, the Zoning Officer shall:
1. Receive and evaluate applications for permits, certificates, variances,
conditional uses, appeals and other applications within the terms
of this chapter;
2. Prescribe the form of all applications, permits and certificates
required under the terms of this chapter;
3. Issue permits for the construction, alteration or erection of all
buildings or structures which are in accord with the requirements
of this chapter, within 30 days after receipt of a complete application
for such a permit. In cases of applications for a conditional use,
special exception, or a variance, permits shall be issued only upon
written order of the appropriate approving agency. It shall be the
responsibility of the Zoning Officer to process requests for hearings
before the Zoning Hearing Board or the Borough Council, as appropriate;
4. Deny applications for permits which do not meet the requirements
of this chapter, within 30 days following receipt of such application.
Said denial shall be in writing and shall state the reasons for such
action;
5. Examine land, buildings, and structures to determine their consistency
with the Zoning Ordinance at the time of filing an application, during
the work and upon completion of the work. Inspections to enforce the
provisions of this chapter shall be made at a reasonable hour and
upon presentation of proper credentials;
6. Issue or deny requests for certificates of occupancy within 10 days
after final inspection of the activity. A denial shall be in writing
and shall state the reasons for such action;
7. Issue written enforcement notices as specified in §
27-1807 where it appears that there has been a violation, and to institute civil enforcement proceedings with the District Justice having jurisdiction on behalf of the Borough as a means of enforcing the zoning regulations. Duplicate copies of such notices shall be referred to the Zoning Hearing Board and to the Borough Council; and
8. Review the application for the permit to determine if all other necessary
government permits required by State and Federal laws have been obtained,
such as those required by the Pennsylvania Sewage Facilities Act (Act
1966-537, as amended); the Pennsylvania Dam Safety and Encroachments
Act (Act 1978-325, as amended); the Pennsylvania Clean Streams Act
(Act 1937-394, as amended); and the U.S. Clean Water Act, Section
404, 33, U.S.C. 1344, No permit shall be issued until this determination
has been made.
No encroachment, alteration, or improvement of any kind shall
be made to any watercourse until all adjacent municipalities which
may be affected by such action have been notified by the Borough,
and until all required permits or approvals have been first obtained
from the Department of Environmental Protection, Bureau of Dams, Waterways
and Wetlands.
In addition, the Federal Insurance Administrator and Pennsylvania
Department of Community and Economic Development, Bureau of Community
Planning, shall be notified by the Borough prior to any alteration
or relocation of any watercourse.
9. Keep and maintain a permanent and public record and file of all activities
undertaken by him in the performance of his official duties: including
file copies of all applications received, permits issued, placards
distributed, inspections and reports made in connection with any structure,
dwelling, sign or land;
10. Issue preliminary opinions (in accord with Section 916.2 of the Pennsylvania
Municipalities Planning Code) that a landowner's proposed use or project
complies with applicable ordinances and maps based on plans and other
materials submitted by the landowner, and if such opinion is favorable,
to publish notice thereof once each week for two successive weeks
in a newspaper of general circulation in the area. Such notice shall
include a general description of the proposed use or development,
its location, and the places and times where the plans and other materials
may be examined;
11. Be responsible for maintaining and updating the Official Zoning Map
with respect to any amendments thereto;
12. Identify and register nonconforming premises in accord with the nonconforming
regulations of Part 14; and
13. Inform the Borough Council prior to issuing violation and/or enforcement
notices.
[Ord. No. 688, 6/4/2018]
Persons desiring to undertake the construction, alteration,
or to change the use of any structure or lot shall apply to the Zoning
Officer for a zoning permit by filing the appropriate form and by
submitting the required fee. The Zoning Officer will then either issue
or refuse the permit or refer the application to the Zoning Hearing
Board or the Borough Council, as appropriate. After the Zoning Permit
has been issued to the applicant, he may proceed to undertake the
action allowed by the permit. Upon completion of such action, the
applicant shall apply to the Zoning Officer for an occupancy permit,
if applicable. If the Zoning Officer finds that the action of the
applicant has been in accordance with the permit and the provisions
of this chapter and other applicable laws and regulations, the Zoning
Officer may then issue an occupancy permit allowing the premises to
be occupied and used.
[Ord. No. 688, 6/4/2018]
Failure to secure a zoning permit when required hereunder, failure
to secure a certificate of occupancy, or failure to carry out the
provisions of this chapter, shall be considered a violation of this
chapter.
[Ord. No. 688, 6/4/2018]
If it appears to the Zoning Officer that a violation of the
zoning ordinance has occurred, the Zoning Officer, on behalf of the
Municipality, shall give notice of such alleged violation sending
an enforcement notice stating at least the following:
1. The name of the owner of record and any other person against whom
the Municipality intends to take action.
2. The location of the property in violation.
3. The specific violation with a description of the requirements which
have not been met, citing in each instance the applicable provisions
of the ordinance.
4. The date before which the steps for compliance must be commenced
and the date before which the steps must be completed.
5. 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 ordinance.
6. 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. No. 688, 6/4/2018]
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 any ordinance enacted under this
chapter prior enabling laws, the Borough Council, or with the approval
of the Borough Council, an officer of the Municipality, 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 Municipality 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.