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.)
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 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.
B. 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. Prior to sending an official enforcement notice, the Zoning
Officer may at his/her option informally request compliance.
C. 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.
D. 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.)
(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.
E. 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.
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.
Within the requirements of the MPC, 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.
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.)
The following requirements shall apply to procedures, hearings
and decisions of the Zoning Hearing Board.
A. 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. 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.
(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.
B. 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.
C. 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.
D. 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, including provisions regarding notice to other parties.]
E. See also Section 908 of the MPC.
The provisions for appeals to court that are stated in the MPC
shall apply. (Note: As of the adoption date of this chapter, these
provisions were in Sections 1001-A, 1002-A, 1003-A, 1004-A, 1005-A
and 1006-A of such Act.)
See the provisions of the MPC. (Note: As of the adoption date
of this chapter, such provisions were within Section 619 of such Act.)
This Zoning Ordinance shall not apply to uses or structures
owned by Ephrata Borough or by a municipal authority created solely
by the Borough of Ephrata for uses and structures that are intended
for a municipal, water supply, sewage, stormwater, public recreation,
emergency service, emergency communication, public health and safety,
or similar governmental purpose.