[Ord. 85-119, 8/22/1985, § 4.1; as amended by Ord. 97-173, 2/6/1997; and by Ord.
No. 2007-219, 7/19/2007]
1.
A Zoning and Codes Officer, who may not hold other elective office
in the Borough, shall be appointed by the Borough Council. The Zoning
and Codes 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.
The Zoning and Codes Officer shall:
A.
Issue zoning use permits zoning/building permits occupancy permits
and temporary use permits.
B.
Maintain a permanent file of all zoning use, zoning/building occupancy
and temporary use permits and applications as public records.
C.
The Zoning and Codes Officer shall meet the qualifications established
by the Borough and shall be able to demonstrate to the satisfaction
of the Borough Council a working knowledge of municipal zoning.
D.
The Zoning and Codes 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.
E.
The Zoning and Codes Officer is hereby authorized to institute civil
enforcement proceedings as a means of enforcement when acting within
the scope of his employment.
[Ord. 85-119, 8/22/1985, § 4.2; as amended by Ord. No.
2007-219, 7/19/2007]
1.
A zoning use permit shall be obtained before any person may:
[Ord. 85-119, 8/22/1985, § 4.3; as amended by Ord. No.
2007-219, 7/19/2007]
Application for a zoning use permit shall be accompanied by
a plot plan showing clearly and completely the location, dimensions
and nature of any structure involved and such other information as
the Zoning and Codes Officer may require for administration of this
chapter, together with a filing fee in accordance with a schedule
determined and approved by the Borough Council.
[Ord. 85-119, 8/22/1985, § 4.4; as amended by Ord. 97-173, 2/6/1997; and by Ord.
No. 2007-219, 7/19/2007]
It shall be unlawful for any person to undertake, or cause to
be undertaken, any construction or development anywhere within the
Borough unless a zoning/building permit has been obtained from the
Zoning and Codes Officer. All applications shall be accompanied by
a set of detailed construction drawings in addition to a plot plan
showing the location and dimensions of any construction proposed.
[Ord. No. 2007-219, 7/19/2007]
1.
It shall be unlawful to use or occupy or permit the use or occupancy
of any land or building, or part thereof, existing or hereafter erected,
connected or wholly or partly altered or enlarged, whether or not
its use has been changed, until an occupancy permit has been issued
therefor by the Zoning and Codes Officer. Said occupancy permit shall
state that the proposed use of the building or land conforms to the
requirements of this chapter.
2.
Occupancy permits shall be applied for coincident with the application
for a zoning/building permit and shall be issued within five working
days after the erection or alteration has been completed, inspected
by the Zoning and Codes Officer and approved by said Officer as complying
with the provisions of this chapter and the current Borough Building
Code[1] or construction standards.
3.
Application for occupancy permits for a new or changed use of land
and/or building where no zoning/building permit is required shall
be made directly to the office of the Zoning and Codes Officer. Occupancy
permits shall be issued or written notice stating why an occupancy
permit cannot be issued shall be given to the applicant no later than
10 days after the application has been received by the office of the
Zoning and Codes Officer.
4.
A temporary occupancy permit may be issued by the Zoning and Codes
Officer for a period not exceeding six months during alterations as
partial occupancy of a building pending its completion, provided that
such temporary permit may require such conditions and safeguards as
will protect the safety of the occupants and the public.
5.
Failure to obtain an occupancy permit shall be a violation of this
chapter and may be subject to penalties as provided by this chapter.
6.
The Zoning and Codes Officer shall maintain a record of all occupancy
permits, and copies shall be furnished upon request to any person
having a proprietary or tenancy interest in the building or lot affected.
7.
Adult businesses shall require an annual occupancy permit for continued
operation.
[Ord. No. 2007-219, 7/19/2007]
[Ord. 85-119, 8/22/1985, § 4.5; as amended by Ord. No.
2007-219, 7/19/2007]
Prior to initial occupancy or upon completion of the improvements
proposed, every applicant shall submit to, and the Zoning and Codes
Officer shall perform, an inspection of the subject property to determine
if the use and/or improvements undertaken are in conformity with the
zoning use and/or zoning/building permit issued.
[Ord. 85-119, 8/22/1985, § 4.6; as amended by Ord. No.
2007-219, 7/19/2007]
1.
The nature, location and dimensions of the proposed structure and
its proposed use shall comply with the requirements of this chapter
as well as with any other applicable laws and ordinances including,
but not limited to, the following:
A.
The applicant must present documentation to the Zoning and Codes
Officer of compliance with applicable sanitary sewage laws and regulations.
C.
If the proposed structure lies wholly or partially in the designated
floodplain area, the Zoning and Codes Officer shall require the following
specific information to be included as part of the application for
a zoning/building permit.
(1)
A plot plan which details the following:
(a)
Existing and proposed contours and/or elevation of the ground
and the lowest floor of proposed construction.
(b)
One-hundred-year flood elevation.
(c)
Other associated factors, such as hydraulic pressures and impact
forces, etc.
(d)
Storage elevations.
(e)
Size of the structures.
(f)
Location and elevations of streets, water supply and sanitary
facilities.
(g)
Soil types.
(h)
Floodproofing measures, including specific reference to the
level of the floodproofing in relation to the 100-year flood.
(2)
A document, certified by a registered professional engineer
or architect, which states that the proposed construction has been
adequately designed to withstand the flood depths, pressures, velocities,
impact and uplift forces and other hydrostatic, hydrodynamic and buoyancy
factors associated with the 100-year flood. Such statement shall include
a description of the type and extent of floodproofing measures which
have been incorporated into the design of the structure.
D.
Review by County Conservation District for Development in Floodplain
Areas. A copy of all applications and plans for construction or development
in a designated floodplain area to be considered for approval shall
be submitted by the applicant to the County Conservation District
for review and comment prior to the issuance of a zoning/building
permit. The recommendations of the Conservation District shall be
considered by the Zoning and Codes Officer for incorporating into
the proposed plan.
[Ord. 85-119, 8/22/1985; as added by Ord. 97-173, 2/6/1997; as amended by Ord. No.
2007-219, 7/19/2007]
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. 85-119, 8/22/1985, § 4.7; as amended by Ord. 97-173, 2/6/1997; and by Ord.
No. 2007-219, 7/19/2007]
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 30 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.
4.
In any appeal of an enforcement notice to the Zoning Hearing Board,
the Borough shall have the responsibility of presenting its evidence
first.
5.
Any filing fees paid by a party to appeal 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.
[Ord. 85-119, 8/22/1985, § 4.8; as amended by Ord. 97-173, 2/6/1997; and by Ord.
No. 2007-219, 7/19/2007]
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. 85-119, 8/22/1985, § 4.9; as amended by Ord. 97-173, 2/6/1997; and by Ord.
No. 2007-219, 7/19/2007]
1.
The zoning/building permit is issued by the Zoning and Codes Officer
after the applicant has met those requirements set forth in this chapter.
The fee is payable to the Borough at the time of application. The
fee shall be in accordance with a schedule of fees established by
the Borough Council.
2.
The zoning/building permit must be posted at the building site until
all construction is completed.
3.
The expiration date of any said building permit shall be one year
and a day from the date of issuance, unless an extension has been
authorized by the Zoning and Codes Officer.
4.
A demolition permit is required before demolition of any structure.
A permit fee payable to the Borough of New Stanton is due when the
permit is issued. A separate permit is required for each structure
to be demolished regardless of size. Refer to permit fee schedule.
[Ord. 85-119, 8/22/1985, § 4.10; as amended by Ord. No.
2007-219, 7/19/2007]
After a zoning/building permit is issued, physical construction
and land excavation are permitted during the daily hours of 6:00 a.m.
until 9:00 p.m. A work request can be made through the Zoning and
Codes Officer to extend these working hours as an emergency measure.
[Ord. 85-119, 8/22/1985, § 5.20; as amended by Ord. 97-173, 2/6/1997; and by Ord.
No. 2007-219, 7/19/2007]
1.
Amendments to this chapter shall become effective only after a public
hearing held pursuant to public notice. A brief summary setting forth
the principal provisions of the proposed amendment and a reference
to the place within the Borough where copies of the proposed amendment
may be secured or examined shall be incorporated in the public notice.
Unless the proposed amendment shall have been prepared by the Planning
Commission, the Borough Council shall submit the amendment to the
Planning Commission at least 30 days prior to the hearing on such
amendment to provide the Planning Commission an opportunity to submit
recommendations. In addition, at least 30 days prior to the public
hearing on the amendment, the Borough shall submit the proposed amendment
to the county planning agency for recommendations.
2.
Within 30 days after adoption, the Borough Council shall forward
a certified copy of the amendment to the county planning agency.
3.
Proposed amendments shall not be enacted unless notice of proposed
enactment is given in the manner set forth in this section and shall
include the time and place of the meeting at which passage will be
considered and a reference to a place within the Borough where copies
of the proposed amendment may be examined without charge or obtained
for a charge not greater than the cost thereof. The Borough Council
shall publish the proposed amendment once in a newspaper of general
circulation in the Borough not more than 60 days or less than seven
days prior to passage. Publication of the proposed amendment shall
include either the full text thereof or the title and a brief summary,
prepared by the Borough Solicitor and setting forth all the provisions
in reasonable detail. If the full text is not included:
4.
In the event substantial amendments are made in the proposed amendment,
before voting upon enactment, the Borough Council shall, at least
10 days prior to enactment, readvertise, in one newspaper of general
circulation in the Borough, a brief summary setting forth all the
provisions in reasonable detail together with a summary of the amendments.
[Ord. 85-119, 8/22/1985; as added by Ord. 97-173, 2/6/1997; as amended by Ord. No.
2007-219, 7/19/2007]
1.
A landowner who desires to challenge on substantive grounds the validity
of this chapter or the Zoning Map or any provision thereof which prohibits
or restricts the use or development of land in which he/she has an
interest may submit a curative amendment to the Borough Council with
a written request that his challenge and proposed amendment be heard
and decided as provided in Section 916.1 of the Pennsylvania Municipalities
Code (hereinafter "MPC"), 53 P.S. § 10916.1. The curative
amendment and challenge shall be referred to the Planning Commission
and the county planning agency as provided in Section 609 and notice
of the hearing thereon shall be given as provided in Sections 610
and 916.1 of the MPC, 53 P.S. §§ 10609, 10610, and
10916.1.
2.
The hearing shall be conducted in accordance with Section 908 of
the MPC, 53 P.S. § 10908, and all references therein to
the Zoning Hearing Board shall, for purposes of this section, be references
to the Borough Council; provided, however, that the deemed approval
provisions of Section 908 of the Pennsylvania Municipalities Planning
Code shall not apply and the provisions of Section 916.1 of the Pennsylvania
Municipalities Planning Code shall control. If the Borough does not
accept a landowner's curative amendment brought in accordance with
this subsection and a court subsequently rules that the challenge
has merit, the court's decision shall not result in a declaration
of invalidity for this entire chapter and Zoning Map, but only for
those provisions which specifically relate to the landowner's curative
amendment and challenge.
3.
The Borough Council, if it determines that a validity challenge has
merit, may accept a landowner's curative amendment, with or without
revision, or may adopt an alternative amendment which will cure the
challenged defects. The Borough Council shall consider the curative
amendments, plans and explanatory material submitted by the landowner
and shall also consider:
A.
The impact of the proposal upon roads, sewer facilities, water supplies,
schools and other public service facilities;
B.
If the proposal is for a residential use, the impact of the proposal
upon regional housing needs and the effectiveness of the proposal
in providing housing units of a type actually available to and affordable
by classes of persons otherwise unlawfully excluded by the challenged
provisions of this chapter or Zoning Map;
C.
The suitability of the site for the intensity of use proposed by
the site's soils, slopes, woodlands, wetlands, floodplains, aquifers,
natural resources and other natural features;
D.
The impact of the proposed use on the site's soils, slopes, woodlands,
wetlands, floodplains, natural resources and natural features, the
degree to which these are protected or destroyed, the tolerance of
the resources to development and any adverse environmental impacts;
and
E.
The impact of the proposal on the preservation of agriculture and
other land uses which are essential to public health and welfare.
[Ord. 85-119, 8/22/1985; as added by Ord. 97-173, 2/6/1997; as amended by Ord. No.
2007-219, 7/19/2007]
1.
If the Borough determines that this chapter or any portion hereof,
is substantially invalid, it shall take the following actions:
A.
The Borough shall declare, by formal action, this chapter or portions
hereof substantially invalid and propose to prepare a curative amendment
to overcome such invalidity. Within 30 days of such declaration and
proposal, the Borough Council shall:
2.
Within 180 days from the date of the declaration and proposal, the
Borough shall enact a curative amendment to validate, or reaffirm
the validity of, this chapter pursuant to the provisions of Section
609 of the Pennsylvania Municipalities Planning Code (hereinafter
"MPC"), 53 P.S. § 10609, in order to cure the declared invalidity
of this chapter.
3.
Upon the initiation of the procedures as set forth in Subsection 1A, the Borough Council shall not be required to entertain or consider any landowner's curative amendment filed under Section 609.1 of the MPC, 53 P.S. § 10609.1, nor shall the Zoning Hearing Board be required to give a report requested under Sections 909.1 or 916.1 of the MPC, 53 P.S. § 10909.1 or § 10916.1, subsequent to the declaration and proposal based upon the grounds identical or substantially similar to those specified by the resolution required by Subsection 1A(1). Upon completion of the procedures set forth in Subsection 1A and B, no rights to a cure pursuant to the provisions of Sections 609.1 and 916.1 of the MPC, 53 P.S. §§ 10609.1 and 10916.1, shall, from the date of the declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of this chapter for which there has been a curative amendment pursuant to this section.
4.
The Borough, having utilized the procedures set forth in this section,
may not again utilize said procedure for a period of 36 months following
the date of enactment of a curative amendment, or reaffirmation of
the validity of this chapter; provided, however, if after the date
of declaration and proposal there is a substantially new duty imposed
upon the Borough by virtue of a change in statute or by virtue of
a Pennsylvania appellate court decision, the Borough may utilize the
provisions of this section to propose a curative amendment to this
chapter to fulfill said duty or obligation.
