Borough of Ephrata, PA Administration

See § 319-4.

§ 319-70 Purposes and community development objectives.

See § 319-3.

Applicability.

Any of the following activities, or any other activity regulated by this chapter, shall only be carried out in conformity with this chapter, and shall need a zoning permit:

(a)

Erection, construction, movement, placement or extension of a structure, building or sign, including but not limited to a fence or wall that is more than three feet in total height;

(b)

Change in the type of use of a structure or land, or expansion of a use;

(c)

Creation of a lot or alteration of lot lines;

(d)

Creation of a new use;

(e)

Demolition of a principal building, or partial demolition of the exterior of a principal building, if that building is regulated under Article VIII;

(f)

Site alterations or mineral extraction as defined by § 319-87; and/or

(g)

Construction of a motor vehicle driveway, parking pad or parking lot.

(2)

Zoning permit. A zoning permit indicates that a zoning application complies with this chapter, to the best knowledge of the applicable Borough staff.

(a)

A zoning permit is required to be issued prior to the start of any of the activities regulated by Subsection A(1) above.

(b)

The Borough may, at its option, issue combined or separate construction permits and zoning permits and/or may utilize a single or separate applications for such permits.

(c)

Both principal and accessory uses and structures shall need a zoning permit, except that the Borough may not require an individual zoning permit for accessory uses that are customarily incidental to a principal use that has received a zoning permit.

(3)

Certificate of occupancy.

(a)

Prior to occupancy of a new or expanded building, a certificate of occupancy may be required under the Uniform Construction Codes (UCC),[1] which are separate requirements under state law.

[1]

Editor's Note: See Ch. 152, Construction Codes. Uniform.

(b)

The Borough staff may require that a certificate of occupancy be delayed or that only a temporary certificate of occupancy be issued if there are outstanding zoning or other ordinance compliance issues.

(c)

In addition, a certificate of occupancy shall be required to be obtained from the Borough staff whenever there is a change in the type of use of a property.

Repairs and maintenance. Ordinary repairs and maintenance to existing structures that do not involve an expansion or change of a use or structure shall not by itself be regulated by this chapter. Examples of such work include replacement of a roof or porch that does not involve enclosure of space. (However, a construction permit under construction codes may be needed for such work.)

Types of uses.

(1)

Permitted-by-right uses. The Zoning Officer shall issue a permit under this chapter in response to an application for a use that is permitted by right if it meets all of the requirements of this chapter.

(2)

Special exception use. A permit under this chapter for a use requiring a special exception shall be issued by the Zoning Officer only in response to a written approval by the Zoning Hearing Board following a hearing.

Applications.

(1)

Submittal. All applications for a zoning permit or a decision by the Zoning Hearing Board shall be made in writing on a form provided by the Borough. Such completed application, with required fees, shall be submitted to a designated Borough staff person.

(2)

Site plan. The applicant shall submit a minimum of two copies of a site plan with the application if the application involves a new building, expansion of a building or addition of three or more parking spaces. The site plan shall be drawn to scale and show the following:

(a)

Locations, dimensions and uses of existing and proposed structures, parking and loading areas, and locations of existing and proposed uses of areas of land, with existing features clearly distinguished from proposed features;

(b)

Notes showing the dimensions of all buildings from lot lines and street rights-of-way;

(c)

Locations of any watercourses and any 100-year floodplain;

(d)

Proposed lot areas, lot widths and other applicable dimensional requirements;

(e)

Locations and widths of existing and proposed sidewalks;

(f)

A North arrow and scale.

(3)

Additional information. Any application under this chapter shall include the following information, unless the Zoning Officer determines such information is unnecessary to determine compliance with this chapter:

(a)

The address of the lot;

(b)

Name and address of the applicant, and of the owner of the property if different from the applicant;

(c)

If the applicant is not the landowner of record, information shall be presented with the application, such as an agreement of sale or lease or a signed letter from the landowner, to demonstrate that the applicant has the legal right to make the application;

(d)

A description of the existing and proposed use(s) of the property, with the proposed use described in sufficient detail for the Zoning Officer to determine compliance with this chapter;

(e)

All other applicable information listed on the official Borough application form;

(f)

If the applicant is incorporated, the legal name and day telephone number and e-mail address of at least one primary officer of the organization/corporation;

(g)

Such additional information that the Zoning Officer may determine is reasonably necessary to determine compliance with this chapter;

(h)

A listing of all conditional uses, special exception approvals and/or variances which the applicant is requesting, and/or a description with a date of any such relevant approvals that were previously granted for the property; and

(i)

Signed acknowledgment of the application by the applicant.

(4)

Submittals to the Board. In addition to the information listed in Subsection D(2) and (3) above, an application requiring a site plan and action by the Zoning Hearing Board or conditional use shall also include the following information, unless the Zoning Officer determines that such information is unnecessary to determine compliance with this chapter:

(a)

The present zoning district and major applicable lot requirements;

(b)

For a nonresidential use:

[1]

A description of the proposed nonresidential operations and storage in sufficient detail to indicate potential nuisances and hazards regarding noise, large truck traffic, glare, odors, dust, fire or toxic or explosive hazards or other significant public health and safety hazards;

[2]

A list of the maximum hours of operation;

(c)

A listing of any sections of this chapter for which a variance is being requested, with the reasons for such request;

(d)

Approximate locations of principal buildings and locations of streets and alleys and zoning district boundaries within 100 feet of the boundaries of the tract, and description of uses of adjoining properties (such as drugstore or single-family detached dwelling);

(e)

Information on proposed exterior lighting;

(f)

Name and address of person who prepared the site plan; and

(g)

Such additional information required under applicable sections of this chapter.

(5)

Ownership. No person other than a landowner or their specifically authorized agent or a tenant or lessee with written authority or permission of the landowner shall submit a zoning application (see definition of "landowner" in Article XV, which includes an equitable owner).

(6)

Site plan review. If the Zoning Officer determines that an application will have significant impacts upon surrounding properties or will involve complex site plan matters, the Zoning Officer may offer the site plan for review by the Planning Commission and/or Borough Council. In such case, the applicant may be required to submit additional copies of the site plan to the Zoning Officer in advance of the meeting. The Council or Planning Commission may provide advice to the Zoning Officer concerning ordinance matters, as well as advisory comments to the applicant.

(a)

This process is designed for situations when a land development plan will not be required under the Subdivision and Land Development Ordinance (SALDO),[2] or when zoning approval matters are intended to be addressed prior to the land development plan submittal.

[2]

Editor's Note: See Ch. 281, Subdivision and Land Development.

Issuance of permits.

(1)

The zoning permit and construction permit are two separate processes under two different sets of regulations. The issuance of one permit does not relieve an applicant of the requirement to obtain the other permit. Any zoning permit is issued with an automatic condition that the applicant must also meet all applicable construction codes.

(2)

At least one copy of each zoning permit application and any other zoning approval shall be retained in Borough files.

(3)

PennDOT permit. Where necessary for access onto a state road or work within a state right-of-way, a Borough zoning permit shall be automatically conditioned upon issuance of a PennDOT highway occupancy permit.

(4)

The Borough may delay the final issuance of a construction or occupancy permit until a required PennDOT highway occupancy permit has been issued, any required subdivision and land development approval has been obtained, a new lot has been recorded, and/or erosion and sedimentation control approvals have been obtained.

(5)

Compliance with SALDO.[3] If a application under this chapter would also be regulated by the SALDO, then any permit or approval under this Zoning Ordinance shall automatically be conditioned upon compliance with the SALDO. See the definitions of "land development" and "subdivision" in the SALDO.

[3]

Editor's Note: See Ch. 281, Subdivision and Land Development.

Revocation of permits; appeal of permit or approval.

(1)

Revocation. The Zoning Officer shall revoke, withhold or suspend a permit or approval issued under the provisions of the Zoning Ordinance in case of one or more of the following:

(a)

A material false statement or misrepresentation of fact in the application or on the plans on which the permit or approval was based (Note: The Pennsylvania Criminal Code provides for penalties for providing false information to a municipal employee in the carrying out of his/her duties.);

(b)

Upon violation of any condition lawfully imposed, a special exception use approval, conditional use approval, variance or subdivision or land development approval;

(c)

Any work being accomplished or use of land or a structure in such a way that does not comply with this chapter or an approved site plan or approved permit application; and/or

(d)

For any other just cause set forth in this chapter.

(2)

Appeals. A party with legitimate standing, or as otherwise provided by state law, may appeal decisions and determinations under this chapter within the provisions of the Pennsylvania Municipalities Planning Code (MPC),[4] provided that the time periods for such appeals in the MPC are met. (As of the adoption date of this chapter, such provisions were primarily in Sections 914.1 and 1002.A.)

[4]

Editor's Note: See 53 P.S. § 10101 et seq.

Zoning permit for temporary uses and structures.

(1)

Temporary uses.

(a)

A zoning permit for a temporary use or structure may be issued for customary, routine and accessory short-term special events, provided that:

[1]

Only an established nonprofit organization, governmental agency or a permitted place of worship proposing a temporary use to clearly primarily serve a charitable, public service or religious purpose or a Borough-sponsored festival or Borough-sponsored special event shall be eligible to receive approval for commercial-type activities in a district where a commercial use would not otherwise be permitted;

[2]

Such total events in a residential district shall each be limited to a maximum of 10 total days per calendar year (except for activities sponsored by the Borough of Ephrata); and

[3]

The Zoning Officer may require that the applicant prove that sufficient parking, sanitary facilities, emergency access, refuse collection, and traffic control will be available for the special event.

(b)

A zoning permit may be issued for temporary storage and office trailers that are necessary to serve on-site construction, while such construction is actively underway under a valid Borough permit.

(c)

In addition, Christmas tree sales shall be allowed by right in commercial and industrial districts, and on property owned by the Borough with permission of the Borough.

(d)

The Borough may also approve the construction of a model home, which is used as a sales office in a development, provided the building is converted to a dwelling when the development is complete. Alternatively, a modular sales office may be allowed by the Borough, provided it is removed completely when the development is complete.

(e)

Portable storage containers: See § 319-67.

(f)

Tents shall meet setbacks that apply to accessory uses and shall not obstruct safe sight distances.

[1]

Tents within commercial districts are permitted to be erected for no longer than 60 total days per calendar year.

[2]

Tents within noncommercial districts are permitted to be erected for no more than 20 total days per calendar year.

(g)

Accessory retail sales of the following items that were grown by a resident of the same property are allowed in any district: fruits (and their juices), vegetables (and their juices), flowers, plants, herbs and spices.

(h)

Garage sales are allowed as provided in Article VI.

(2)

Time period. The Zoning Officer shall state a reasonable maximum time period on the temporary permit. If no time limit is stated, then a seven-day maximum period shall apply. A temporary permit may be renewed for just cause, and may be issued for more than one year for a recurring event.

(3)

Temporary commercial sales.

(a)

Except as may otherwise be allowed by Subsection G(1)(a) above or other sections of this chapter, a lot shall only be used for temporary commercial sales if all of the following conditions are met:

[1]

The property shall be located within a zoning district that allows such use.

[2]

No more than 5% of the off-street parking spaces that are required to serve occupied permanent uses shall be obstructed by the temporary use.

[3]

Any signs visible from a public street shall comply with this chapter.

[4]

If food or beverages are sold that are not prepackaged, the applicant shall prove compliance with state health regulations, including having on-site facilities for workers to wash their hands.

[5]

A zoning permit shall be required from the Borough, which shall be displayed while the activity is open for business.

[6]

The use shall not obstruct safe sight distances at intersections and driveways.

[7]

Any fireworks sales or storage shall only occur in a structure that has met Borough construction code and firesafety inspections, and the operator of any fireworks sales use shall make any area or vehicle used for fireworks sales or storage available for regular inspection by local police, codes and fire officials.

[8]

Electric generators that generate noise heard inside a building and tanks of explosive substances shall not be placed within 100 feet of a dwelling.

(b)

This Subsection G(3) shall not regulate temporary vendors who are authorized to operate during a Borough-sponsored parade or festival.

(4)

Sidewalk cafes or food trucks (includes trailers): See § 319-27.

§ 319-72 General procedure for permits.

After receiving a properly submitted complete application, the Zoning Officer shall either: 1) issue the applicable permit(s); or 2) deny the application(s) as submitted in writing, indicating one or more reasons.

After the permit under this chapter has been issued, the applicant may undertake the action specified by the permit, in compliance with other Borough ordinances. However, it is recommended that applicants wait 30 days to begin construction if there is a possibility of an appeal by another party to have the permit revoked. Any commencement of construction or a use within this thirty-day appeal period shall be at the risk of the applicant.

§ 319-73 Interpretation.

Minimum requirements. Where more than one provision of this chapter controls a particular matter, the provision that is more restrictive upon uses and structures shall apply. The provisions of this chapter are in addition to any other applicable Borough ordinance.

Uses not specifically regulated: See § 319-11.

Interpretation of ordinance text and boundaries.

(1)

The Zoning Officer shall literally apply the wording of this chapter and the location of all district boundaries to particular applications. In any case, the Zoning Officer may also request an advisory opinion from the Borough Solicitor's office to aid in the Zoning Officer's determination.

(2)

If an applicant disagrees with the Zoning Officer's determination and believes that the chapter should be interpreted in the applicant's favor, the applicant may appeal to the Zoning Hearing Board. See § 319-79.

Undefined terms/interpretation of definitions: See § 319-86.1.

§ 319-74 Enforcement; violations and penalties.

All of the enforcement, violations and penalty provisions of the Pennsylvania Municipalities Planning Code (MPC), as amended, are hereby incorporated into this chapter by reference. (Note: As of the adoption date of this chapter, these provisions were primarily in Sections 616.1, 617 and 617.2 of such Act.[1])

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 any of the following: a change in accessory or principal use of land or structure, or the erection, construction or alteration of any principal or accessory structure or portion thereof, or the placement of a sign, or a change in the area of a use or the land coverage or setback of a use, or the excavation or grading 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 a zoning permit;

(4)

Violation of any condition imposed by a decision of the Zoning Hearing Board in granting a variance or special exception or other approval;

(5)

Violation of any condition imposed by a decision of the Borough Council in granting a conditional use or other approval; or

(6)

Violation of any condition imposed by a decision of a court of competent jurisdiction, where such court has granted zoning approval with conditions.

Enforcement notice. If the Borough has reason to believe that a violation of a provision of the Zoning Ordinance has occurred, the Borough shall initiate enforcement proceedings by sending an enforcement notice as provided in Section 616.1 of the MPC.[2] Prior to sending an official enforcement notice, the Zoning Officer may at his/her option informally request compliance.

[2]

Editor's Note: See 53 P.S. § 10616.1.

Time limits. An official enforcement notice shall state the deadline to complete bringing the property into compliance with this chapter, and shall state that the applicant has 30 days from the receipt of the notice to appeal to the Zoning Hearing Board. The denial of a conditional use, special exception use or variance may also be appealed to the county court.

Causes of action; enforcement remedies. The causes of action and enforcement remedies provisions of the MPC are hereby incorporated by reference. (Note: As of the adoption date of this chapter, such provisions were in Section 617 of such law.[3])

(1)

Violations and penalties. Any person who 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 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 shall constitute a separate violation, unless a Magisterial District Judge who determined that there has been a violation further determines that there was a good faith basis for the person 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 Magisterial District Judge, 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 for the general use of the Borough. Imprisonment is not authorized under this chapter.

(2)

Remedies. In case any building, structure, sign or landscaping is erected, constructed, reconstructed, altered, repaired, converted or maintained; or any building, structure, sign or land is used; or any hedge, shrub, tree or other growth is maintained in violation of this chapter or of any of the regulations made pursuant thereto or any of the permits or certificates of use and occupancy issued under this chapter or any conditions imposed upon the grant of a special exception or variance by the Zoning Hearing Board or upon the grant of a conditional use, then, in addition to any other remedies provided by law, any appropriate action or proceeding may be instituted or taken to prevent or restrain such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use or to prevent any illegal act, conduct, business or use in and about such premises.

[3]

Editor's Note: See 53 P.S. § 10617.

Enforcement evidence. In any appeal of an enforcement notice to the Zoning Hearing Board, the Borough shall have the responsibility of presenting its evidence first.

[1]

Editor's Note: See 53 P.S. §§ 10616.1, 10617 and 10617.2.

§ 319-75 Fees.

A Borough fee schedule for permits and applications may be established, which may be amended by ordinance or written resolution of the Borough Council. No application or appeal shall be considered filed until all fees are paid.

§ 319-76 Amendments to this chapter.

Within the requirements of the MPC,[1] the Borough Council may amend, or repeal any or all portions of this chapter on: 1) its own motion; or 2) after agreeing to hear a written request of any person, entity, landowner or the Planning Commission.

[1]

Editor's Note: See 53 P.S. § 10101 et seq.

§ 319-77 Curative amendments.

The applicable provisions of the MPC shall apply. (Note: As of the adoption date of this chapter, these provisions were primarily in Sections 609.1, 609.2 and 916.1 of such Act.[1])

[1]

Editor's Note: See 53 P.S. §§ 10609.1, 10609.2 and 10916.1.

§ 319-78 Zoning Officer.

Appointment. The Zoning Officer(s) shall be appointed by the Borough Council. The Borough Council or Borough Manager may designate other Borough staff persons to serve as Assistant Zoning Officer(s). Assistant Zoning Officers may serve with the same authority and duties as the Zoning Officer, under the direction of the Zoning Officer. The Zoning Officer shall not hold any elective office within the Borough, but may hold other appointed offices.

Duties and powers. The Zoning Officer's duties and powers shall include the following:

(1)

Administer the Zoning Ordinance in accordance with its literal terms, including to receive and examine all applications required under the terms of this chapter, and issue or refuse permits within the provisions of this chapter;

(2)

Conduct inspections to determine compliance, and receive complaints of violation of this chapter;

(3)

Keep records of applications, permits, certificates, written decisions, and variances granted by the Zoning Hearing Board, and of enforcement orders, with all such records being the property of the Borough and being available for public inspection;

(4)

Review proposed subdivisions and land developments for compliance with this chapter;

(5)

Take enforcement actions as provided by the MPC,[1] as amended;

[1]

Editor's Note: See 53 P.S. § 10101 et seq.

(6)

Maintain available records concerning nonconformities, provided that the Borough is not required to document every nonconformity; and

(7)

Serve such other functions as are provided in this chapter.

§ 319-79 Zoning Hearing Board actions and variances.

Membership of Board. The Zoning Hearing Board shall consist of five residents of the Borough appointed by a majority vote of the Borough Council. The existing terms of office shall continue, with terms of office being five years, and with the terms being so fixed that the term of office of one member shall expire each year. Members of the Board shall hold no other office in the Borough and shall not be employed by the Borough in another capacity.

(1)

Alternate members. The Borough Council may appoint alternate members of the Zoning Hearing Board, within the applicable provisions of the MPC, and who shall serve as provided in such law. (Note: As of the adoption date of this chapter, such provisions were in Section 903(b) of such Act.[1])

[1]

Editor's Note: See 53 P.S. § 10903(b).

(2)

Expenditures. Within the maximum amount of funds appropriated by the Borough Council, the Zoning Hearing Board may employ or contract for secretaries, legal counsel, and other technical and clerical services. Borough Council may by resolution authorize compensation for members and alternate members for the performance of their duties.

Vacancies. Appointments to fill vacancies shall be only for the unexpired portion of a term.

Organization. The applicable provisions of the MPC shall apply. (As of the adoption date of this chapter, these provisions were in Sections 906(a), (b) and (c) of such Act.[2])

[2]

Editor's Note: See 53 P.S. § 10906(a), (b) and (c).

Zoning Hearing Board jurisdiction and functions. The Zoning Hearing Board shall be responsible for the following:

(1)

Appeal of a decision by the Zoning Officer.

(a)

The Board shall hear and decide appeals where it is alleged by an affected person, entity or the Borough Council that the Zoning Officer has improperly acted under the requirements and procedures of this chapter.

(b)

See time limitations for appeals in Subsection E below.

(2)

Challenge to the validity of the ordinance or map. The applicable provisions of the MPC shall apply. (Note: As of the adoption date of this chapter, these provisions were primarily in Sections 909.1 and 916 of such Act.[3])

[3]

Editor's Note: See 53 P.S. §§ 10909.1 and 10916.

(3)

Variance.

(a)

The Board shall hear requests for variances filed with the Borough staff in writing on the official Borough application form.

(b)

Standards. The Board shall only grant a variance within the limitations of state law. As of the adoption date of this chapter, the MPC[4] provided that all of the following findings must be made, where relevant:

[1]

There are unique physical circumstances or conditions (including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property) and that the unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of this chapter in the neighborhood or district in which the property is located;

[2]

Because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the Zoning Ordinance and a variance is therefore necessary to enable the reasonable use of the property;

[3]

Such unnecessary hardship has not been created by the appellant;

[4]

The variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare; and

[5]

The variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.

[4]

Editor's Note: See 53 P.S. § 10101 et seq.

(c)

In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter.

(d)

A variance runs with the property, and can apply to future owners of the property. See time limits on permits in Subsection G below. The Zoning Hearing Board shall have the authority to limit the lifetime of the variance approval, as a condition of approval. A variance cannot be transferred to a different property.

(4)

Special exception. See § 319-84.

(a)

The Board shall hear and decide requests for all special exceptions filed with the Borough staff in writing. The Board shall only permit a special exception that is authorized by this chapter.

(b)

A special exception runs with the property, and can apply to future owners of the property.

(5)

Persons with disabilities. After the Zoning Officer receives a complete written application, the Zoning Hearing Board shall grant a special exception allowing modifications to specific requirements of this chapter that the applicant proves to the satisfaction of the Zoning Hearing Board are required under applicable federal law to provide a reasonable accommodation to serve persons who the applicant proves have disabilities as defined in and protected by such laws.

(a)

Such reasonable accommodations shall be requested in accordance with the U.S. Fair Housing Act Amendments and/or the Americans with Disabilities Act, as amended.[5]

[5]

Editor's Note: See 42 U.S.C. § 3601 et seq. and 42 U.S.C. § 12101 et seq., respectively.

(b)

If the applicant is requesting a reasonable accommodation under the United States Fair Housing Amendments Act or the Americans with Disabilities Act, the applicant shall identify the disability which is protected by such statutes, the extent of the modification of the provisions of this chapter necessary for a reasonable accommodation, and the manner by which the reasonable accommodation requested may be removed when such person(s) with a protected disability no longer will be present on the property.

(c)

Any modification approved under this section may be limited to the time period during which the persons with disabilities occupy or utilize the premises.

(6)

The Zoning Hearing Board shall also hear any other matters as set forth in the MPC. (Note: As of the adoption date of this chapter, such provisions were primarily within Section 909.1 of such law.[6])

[6]

Editor's Note: See 53 P.S. § 10909.1.

Time limits for appeals. The applicable provisions of the MPC shall apply. (Note: As of the adoption date of this chapter, these provisions were in Section 914.1 of such Act.[7])

[7]

Editor's Note: See 53 P.S. § 10914.1.

Stay of proceedings. The stay of proceedings provisions of the MPC shall apply. (Note: As of the adoption date of this chapter, such provisions were in Section 915.1 of such Act.[8])

[8]

Editor's Note: See 53 P.S. § 10915.1.

Time limits on permits and approvals.

(1)

After a variance, special exception or conditional use approval has been granted, then any applicable zoning and construction permits shall be secured by the applicant within 18 months after the date of such written approval. The work authorized by zoning permits shall then be completed within the time period specified in the construction permits. If construction permits are not required, then the work shall be completed within 18 months after issuance of a zoning permit, unless an extension is granted under Subsection G(1)(b) below.

(a)

However, if a variance is approved to address a violation of this Zoning Ordinance, then any necessary permits shall be acquired and the work completed within six months after the variance is approved.

(b)

The Zoning Hearing Board or Borough Council may provide for a differing time period in their approval, such as to allow time for a phased project to be completed.

(2)

Extension. In response to an applicant stating good cause in writing, the Zoning Officer may extend in writing the time limit for completion of work under a zoning permit.

(3)

If an applicant fails to obtain the necessary permits or fails to begin construction within the above time periods, or allows interruptions in substantial construction of longer than 12 months, the Zoning Officer shall conclusively presume that the applicant has withdrawn or abandoned approvals, variances and permits under this chapter and all such approvals, variances and permits shall be deemed rescinded by the Borough.

Multiple applications. No more than one application for the same portions of the same property shall be pending before the Zoning Hearing Board for special exception approval at any time.

§ 319-80 Zoning Hearing Board hearings and decisions.

The following requirements shall apply to procedures, hearings and decisions of the Zoning Hearing Board.

Notice of hearings. Notice of all hearings of the Board shall be given as follows:

(1)

Ad. Public notice shall be published, as defined by Section 107 of the MPC.[1] The notice shall state the time and place of the hearing and the particular nature of the matter to be considered and the affected street address.

[1]

Editor's Note: See 53 P.S. § 10107.

(2)

Posting. Notice of such hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing. If the Borough staff does not volunteer to post the property, then the applicant shall be required to post it. The applicant shall make a good faith effort to make sure that such notice remains posted until the hearing.

(3)

Persons given notice. The Borough shall provide written notice to the applicant of the time and place of the hearing. The Borough should also provide notice to the President of Borough Council and to the primary last known owner of each lot that is abutting or immediately across a street, alley or railroad from the subject lot, and of lots within 200 feet from the subject lot. Failure to provide such notice shall not be grounds for an appeal or delay. Also, such notice shall be given to any other person or group (including civic or community organizations) who has made a written timely request for such notice. Any such notices should be provided to the last known address.

Initiation of hearings. A hearing required under this chapter shall be initiated within 60 days of the date of an applicant's request for a hearing, unless the applicant has agreed in writing to an extension of time.

Decision/findings.

(1)

The Board shall render a written decision on each application within 45 days after the last hearing on that application before the Board, unless the applicant has agreed in writing to an extension of time.

(2)

Where the application is contested or denied, the decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons for such conclusions.

(3)

References shall be provided to the most pertinent section(s) of this chapter and/or the MPC.[2]

[2]

Editor's Note: See 53 P.S. § 10101 et seq.

Notice of decision. A copy of the final decision or, where no decision is called for, of the findings, shall be provided to the applicant. [Note: As of the adoption date of this chapter, such provisions were within Sections 908(9) and 908(10) of such Act,[3] including provisions regarding notice to other parties.]

[3]

Editor's Note: See 53 P.S. § 10908(9) and (10).