1. 
Appointment. The Zoning Officer shall be appointed by the Borough Council and shall administer and enforce this chapter in accordance with its literal terms. The Zoning Officer shall not hold any elective office in the Borough. The Zoning Officer shall meet the qualifications established by the Borough and shall be able to demonstrate to the satisfaction of Borough Council a working knowledge of municipal zoning.
2. 
Duties of the Zoning Officer. In order to administer and enforce this chapter, the Zoning Officer shall have the following responsibilities.
A. 
Receive all applications for zoning certificates and occupancy certificates and maintain records thereof.
B. 
Issue zoning and occupancy certificates for all applications that comply with the literal terms of this chapter and other applicable ordinances, except where approvals are required by this chapter from Borough Council, the Planning Commission, Zoning Hearing Board or other board or agency.
C. 
Receive, file and forward to the Planning Commission and Borough Council all applications for conditional uses; maintain records thereof; and issue a zoning certificate when authorized by Borough Council.
D. 
Receive, file and forward to the Zoning Hearing Board the records in all appeals and all applications for special exception uses, variances and changes of nonconforming uses; maintain records thereof; and issue a zoning certificate when authorized by the Zoning Hearing Board.
E. 
Inspect buildings, structures and uses of land to determine compliance with the provisions of this chapter.
F. 
Issue stop, cease and desist orders and issue written correction orders for any condition found to be in violation of this chapter and other applicable ordinances in accordance with the procedures specified in § 27-1401.3.
G. 
Institute, with approval of or at direction of the Borough Council, appropriate legal action to prevent, restrain, abate or correct any violation of this chapter in accordance with § 27-1406.
H. 
Revoke any order, zoning or occupancy certificate or occupancy permit issued under a mistake of fact or contrary to the provisions of this chapter in accordance with the procedures specified in § 27-1401.3.
I. 
Make and maintain accurate and current records of all legal nonconformities under this chapter.
3. 
Enforcement notice. The Zoning Officer shall have the power to institute civil enforcement proceedings as a means of enforcement when acting within the scope of his/her employment. If the Zoning Officer shall find that any of the provisions of this chapter are being violated, the Zoning Officer shall issue a written enforcement notice to the person responsible for such violation. The enforcement notice shall contain the following information:
A. 
The name of the owner of the 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 prescribed period of time 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.
1. 
Zoning certificates.
A. 
A zoning certificate shall be obtained from the Zoning Officer before any person may:
(1) 
Occupy or use any vacant land or structure;
(2) 
Change the use of a structure or land to a different use;
(3) 
Construct, reconstruct, move, alter or enlarge any structure or building; or
(4) 
Change a nonconforming use.
B. 
Improvements to land, preliminary to any use of such land, shall not commence prior to the issuance of the zoning certificate.
2. 
Procedure for obtaining a zoning certificate.
A. 
Whenever the proposed activity requires a building permit under Chapter 110, Building Construction,[1] the application for the zoning certificate shall be made prior to or simultaneously with the application for the building permit. However, the building permit shall not be issued until the zoning certificate has been approved.
[1]
Editor's Note: Chapter 110, Building Construction, was superseded 4-8-2004 by Ord. No. 1154, which provided for the Borough to administer and enforce the Uniform Construction Codes. See now Ch. 5, Code Enforcement.
B. 
When no building permit is required, the application for the zoning certificate and certificate of occupancy may be made at any time prior to the use or occupancy of the structure or land.
C. 
Applications for a zoning certificate shall be submitted, in writing, on such forms provided by the Borough along with payment of the required fees in accordance with the Schedule of Fees.[2] The application shall be accompanied by a plot plan showing accurately and completely the location, dimensions and nature of any lot and/or structure involved in the application. The Zoning Officer may request any information necessary to determine the application's compliance with this chapter.
[2]
Editor's Note: The Schedule of Fees is on file in the Borough offices.
D. 
The Zoning Officer shall not issue the zoning certificate until all other required approvals and/or permits have been obtained from Borough, county, state and federal agencies. The applicant shall submit copies of such approvals/permits to the Zoning Officer.
3. 
Changes. After issuance of the zoning certificate, no changes of any kind shall be made to the approved applications, plans and certificate without written approval of the Zoning Officer, or in the case of a conditional use approval, Borough Council. Requests for any such change shall be in writing and shall be submitted to the Zoning Officer.
4. 
Duration of zoning certificate. A zoning certificate shall expire within six months from the date of issuance if the subject use is not commenced or construction has not begun. All work must be completed no later than two years from the date of issuance of the zoning certificate. For purposes of this chapter, construction shall be considered to have started with the preparation of land, land clearing, grading, filling, excavation for basement, footings, piers or foundations erection of temporary forms, the installation of piling under proposed subsurface footings, or the installation of sewer, gas and water lines or electrical or other service lines from the street.
5. 
Inspections.
A. 
In order to perform the functions of this chapter, the Zoning Officer shall have the authority to enter any building, structure, premises, property or development in the Borough upon presentation of proper credentials, at any reasonable hour, to enforce the provisions of this chapter.
B. 
During the construction/development period, the Zoning Officer or other authorized official may inspect the premises to determine that the work is progressing in compliance with the information provided on the zoning application and with all applicable Borough ordinances.
6. 
Revocation of zoning certificate. In the event that the Zoning Officer discovers that the work does not comply with the approved application or any applicable laws and ordinances, or that there has been a false statement or misrepresentation by any applicant, the Zoning Officer shall revoke the zoning certificate and proceed with whatever legal action is necessary to correct the violation.
7. 
Certificate of occupancy.
A. 
A certificate of occupancy shall be obtained before any person may occupy or use any structure or lot. An application for a zoning certificate does not permit occupancy; a certificate of occupancy is also required. A change in property ownership and/or business type will necessitate the issuance of a new certificate of occupancy.
B. 
Upon completion of the work covered by any zoning certificate or before the occupancy of any land or structure, the applicant shall notify the Zoning Officer, who shall examine such building, structure or use of land within 10 days after notification. If the Zoning Officer shall find that such construction, erection, structural alteration or use of building and/or land is in accordance with the provisions of this chapter, other applicable ordinances and the approved plans, the certificate of occupancy shall be issued.
8. 
Temporary occupancy permits. The Zoning Officer may issue a temporary occupancy permit which may allow the use or occupancy of a building or structure during structural alteration thereof or may permit the partial use or occupancy of a building or structure during its construction or erection; provided, however, that such a temporary permit shall be valid only for a period not exceeding three months from its issuance and shall be subject to such restrictions and provisions as may be deemed necessary by the Zoning Officer to ensure the safety of persons using or occupying the building, structure or land involved.
9. 
Permits issued in error. Any permit issued in conflict with the provisions of this chapter shall be null and void.
The Borough may establish, from time to time, fees and charges for the various permits, reviews and other actions required by this chapter. This schedule, along with an explanation of the collection procedure, shall be posted in the offices of the Zoning Officer. All fees and charges shall be adopted by resolution of Borough Council at any regular or special meeting.
1. 
Membership of the Board. The membership of the Zoning Hearing Board shall be three residents of the Borough appointed by Borough Council. Their terms of office shall be three years and so fixed that the term of office of one member shall expire each year. The Zoning Hearing Board shall promptly notify the Borough of any vacancies which occur. Appointments to fill vacancies shall be only for the unexpired portion of the term. Members of the Zoning Hearing Board shall hold no other office in the Borough, including membership on the Planning Commission and Zoning Officer.
2. 
Removal of members. Any Zoning Hearing Board member may be removed for malfeasance, misfeasance or nonfeasance in office or for other just cause by a majority vote of Borough Council, taken after the member has received 15 days' advance notice of the intent to take such a vote. A public hearing shall be held prior to the vote if the member shall request it in writing.
3. 
Appointment of alternate members. Borough Council may appoint by resolution at least one but no more than three residents of the Borough to serve as alternate members of the Zoning Hearing Board. The term of office of an alternate member shall be three years. When seated pursuant to the provisions of Subsection 4 below, an alternate shall be entitled to participate in all proceedings and discussions of the Zoning Hearing Board to the same and full extent as provided by law for Zoning Hearing Board members, including specifically the right to cast a vote as a voting member during the proceedings, and shall have all the power and duties set forth in this chapter and as otherwise provided by law. Alternates shall hold no other office in the Borough, including membership on the Planning Commission and Zoning Officer. Any alternate may participate in any proceeding or discussion of the Zoning Hearing Board but shall not be entitled to vote as a member of the Zoning Hearing Board unless designated as a voting alternate member pursuant to Subsection 4 below.
4. 
Participation by alternate members. If, by reason of absence or disqualification of a member, a quorum is not reached, the Chairman of the Zoning Hearing Board shall designate as many alternate members of the Zoning Hearing Board to sit on the Board as may be needed to provide a quorum. Any alternate member of the Zoning Hearing Board shall continue to serve on the Zoning Hearing Board in all proceedings involving the matter or case for which the alternate was initially appointed until the Zoning Hearing Board has made a final determination of the matter or case. Designation of an alternate pursuant to this subsection shall be made on a case-by-case basis in rotation according to declining seniority among all alternates.
5. 
Organizations of the Zoning Hearing Board. The Zoning Hearing Board shall elect its officers from its own membership, who shall serve annual terms and may succeed themselves. For the conduct of any hearing and the taking of any action, a quorum shall be a majority of all members of the Zoning Hearing Board. The Zoning Hearing Board may make, alter and rescind rules and forms for its procedure consistent with the ordinances of the public records of its business and submit an annual report of its activities to Borough Council.
6. 
Expenditures for services. Within the limits of funds appropriated by Borough Council, the Zoning Hearing Board may employ or contract for secretaries, clerks, legal counsel, consultants and other technical services. Members of the Zoning Hearing Board may receive compensation for the performance of their duties, as may be fixed by Borough Council.
A. 
Hearing fees. Borough Council may prescribe reasonable fees with respect to hearings before the Zoning Hearing Board. Fees for said hearings may include compensation for the secretary and members of the Zoning Hearing Board, notice and advertising costs and necessary administrative overhead connected with the hearing. The costs, however, shall not include legal expenses of the Zoning Hearing Board, expenses for engineering, architectural or other technical consultants or expert witness costs.
B. 
Stenographer's fees. The Zoning Hearing Board or the hearing officer, as the case may be, shall keep a stenographic record of the proceedings and a transcript of the proceedings, and copies of the graphic or written material received in evidence shall be made available to any party at cost. The appearance fee for the stenographer shall be shared equally by the applicant and the Zoning Hearing Board. The cost of the original transcript shall be paid by the Zoning Hearing Board, if the transcript is ordered by the Zoning Hearing Board or hearing officer, or shall be paid by the person appealing from the decision of the Zoning Hearing Board if such appeal is made, and in either event the cost of additional copies shall be paid by the person requesting such copy or copies. In other cases the party requesting the original transcripts shall bear the cost thereof.
7. 
Jurisdiction. The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudication in the following matters:
A. 
Substantive challenges to the validity of any land use ordinance, except curative amendments brought before Borough Council.
B. 
Challenges to the validity of a land use ordinance raising procedural questions or alleged defects in the process of enactment or adoption, which challenges shall be raised by an appeal taken with 30 days after the effective date of adoption or amendment of this chapter.
C. 
Appeals from the determination of the Zoning Officer, including but not limited to the granting or denial of any permit, or failure to act on the application therefor, the issuance of any cease and desist order or the registration or refusal to register any nonconforming use, structure or lot.
D. 
Appeals from a determination by the Borough Engineer or the Zoning Officer with reference to the administration of any floodplain or flood hazard ordinance or such provisions within a land use ordinance.
E. 
Applications for variances from the terms of this chapter and flood hazard ordinance or such provisions within a land use ordinance.
F. 
Applications for special exceptions under this chapter or floodplain or flood hazard ordinance or such provisions within a land use ordinance
G. 
Appeals from the Zoning Officer's determination under § 916.2 of the Pennsylvania Municipalities Planning Code (Act 247, as amended).[1]
[1]
Editor's Note: See 53 P.S. § 10916.2.
H. 
Appeals from the determination of the Zoning Officer or Borough Engineer in the administration of any land use ordinance or provision thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relate to development not involving subdivision and land development.
8. 
Variances.
A. 
The Zoning Hearing Board shall hear a request for a variance where it is alleged that the strict application of the provisions of this chapter inflicts unnecessary hardship upon the applicant. Application for a variance shall be made on the prescribed form obtained from the Zoning Officer. The Zoning Officer shall forward the application to the Zoning Hearing Board, which shall determine a time and place of the hearing.
B. 
The Board may grant a variance, provided that the following findings are made where relevant in a given case:
(1) 
That 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 Zoning Chapter in the neighborhood or district.
(2) 
That, because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of this chapter; and the authorization of a variance is therefore necessary to enable the reasonable use of the property.
(3) 
That such unnecessary hardship has not been created by the appellant.
(4) 
That 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.
(5) 
That the variance, if authorized, will represent the minimum variance which will afford relief and represent the least modification possible of the regulation in issue.
C. 
A request for variance in any floodplain district shall be decided in accordance with the provisions of Part 8 of this chapter.
D. 
In granting a variance, the Zoning Hearing Board may attach reasonable conditions, if warranted, including a time limitation on the variance to protect the public health, safety and welfare of the public and implement the purposes of this chapter.
9. 
Special exceptions. Where this chapter states that special exceptions may be granted or denied by the Board, the Board shall hear and decide requests for such special exceptions in accordance with such standards and criteria as specified in Part 12 of this chapter. In granting a special exception, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in the chapter, as it may deem necessary to implement the purpose of this chapter.
10. 
Applications to the Zoning Hearing Board. All applications and appeals to the Zoning Hearing Board shall be in writing and shall refer to the specific provision of this chapter which is involved and describe the nature of the appeal, challenge or application for special exception use or variance. The required fees shall be submitted with the application. An appeal from a decision of the Zoning Officer or a validity challenge may be filed by the affected landowner, by any officer or agency of the Borough or any person aggrieved. Requests for a variance may only be filed by the landowner or a tenant with the permission of the landowner.
11. 
Time limitations.
A. 
No person shall file any proceeding before the Zoning Hearing Board later than 30 days after a preliminary or final application for development has been approved by an appropriate Borough officer, agency or body, if such proceedings is designated to secure reversal or to limit the approval in any manner, unless such person alleges and proves that he had no notice, knowledge or reason to believe that such approval had been given. If such person has succeeded to his interest after such approval, he shall be bound by the knowledge of his predecessor in interest.
B. 
The failure of anyone, other than the landowner, to appeal from an adverse decision by a Zoning Officer on a challenge to the validity of an ordinance or map filed pursuant to § 916.2 of the Pennsylvania Municipalities Planning Code[2] shall preclude an appeal from a final approval except in the case where the final submission substantially deviates from the approved tentative approval.
[2]
Editor's Note: See 53 P.S. § 10916.2.
12. 
Hearings. The following procedures shall apply:
A. 
Public notice, as defined by this chapter, shall be given. A notice shall be mailed to all interested parties, including the applicant, the Zoning Officer, the Borough Secretary, President of the Council, the Chairman of the Planning Commission and every person or organization who shall have registered with the Zoning Hearing Board for the purpose of receiving such notices. In addition, notice shall be conspicuously posted in at least two locations on the affected tract of land at least 10 days prior to the hearing and remain posted there for all 10 days.
B. 
Hearings shall be conducted by the Zoning Hearing Board, or the Zoning Hearing Board may appoint one member as a hearing officer or an independent attorney as a hearing officer. The decision, or where no decision is called for, the findings shall be made by the Zoning Hearing Board, but the parties may waive the decision or finding by the Zoning Hearing Board and accept the decision or findings of the hearing officer as final.
C. 
The first hearing before the Zoning Hearing Board or the hearing officer shall be commenced within 60 days from the date of receipt of the applicant's complete and properly filed application, unless the applicant has agreed in writing to an extension of time. Each subsequent hearing before the Zoning Hearing Board or the hearing officer shall be held within 45 days of the prior hearing, unless otherwise agreed to by the applicant in writing or on the record. An applicant shall complete the presentation of his case-in-chief within 100 days of the first hearing. Upon the request of the applicant, the Zoning Hearing Board or hearing officer shall assure that the applicant receives at least seven hours of hearings within the 100 days, including the first hearing. Persons opposed to the application shall complete the presentation of the opposition to the application within 100 days of the first hearing held after the completion of the applicant's case-in-chief. Any applicant may, upon request, be granted additional hearings to complete his case-in-chief, provided the persons opposed to the application are granted an equal number of additional hearings. Persons opposed to the application may, upon the written consent or consent on the record by the applicant and the Zoning Hearing Board or hearing officer, be granted additional hearings to complete their opposition to the application, provided the applicant is granted an equal number of additional hearings for rebuttal.
D. 
Parties to the hearing shall be the Borough, any person who is affected by the application who has made timely appearance of record before the Zoning Hearing Board and any other person, including civic or community organizations permitted to appear by the Zoning Hearing Board. The Zoning Hearing Board shall have the power to require that all persons who wish to be considered parties enter appearances in writing on forms provided by the Zoning Hearing Board for that purpose.
E. 
The Chairman or Acting Chairman of the Zoning Hearing Board or the hearing officer presiding shall have the power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents, including witnesses and documents requested by the parties.
F. 
The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on all relevant issues.
G. 
Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded.
H. 
The Zoning Hearing Board or the hearing officer, as the case may be, shall keep a stenographic record of the proceedings, and a transcript of the proceedings and copies of graphic or written material received in evidence shall be made available to any party at cost.
I. 
The Zoning Hearing Board or the hearing officer shall:
(1) 
Not communicate, directly or indirectly, with any party or his/her representatives in connection with any issue involved except upon notice and opportunity for all parties to participate;
(2) 
Not take any notice of any communication, reports, staff memoranda or other materials, except advice from their solicitor unless the parties are afforded an opportunity to contest the material so noticed; and
(3) 
Not inspect the site or its surroundings after the commencement of hearings with any party or his representative unless all parties are given an opportunity to be present.
J. 
The Zoning Hearing Board or the hearing officer shall render a written decision or, when no decision is called for, make written findings on the application within 45 days after the last hearing before the Zoning Hearing Board or hearing officer. A decision by the Zoning Hearing Board shall require the majority of any quorum voting on the case. In the event that there is a tie vote, the case shall be deemed denied.
K. 
Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons therefor. Conclusions based on any provisions of this chapter or of any act, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found.
L. 
If the hearing is conducted by a hearing officer and no stipulation has been made that the officer's decision or findings are final, the Zoning Hearing Board shall make the hearing officer's reports and recommendations available to the parties within 45 days, and the parties shall be entitled to make written representations thereon to the Zoning Hearing Board prior to the final decision or entry of findings, and the Zoning Hearing Board's decision shall be entered no later than 30 days after the report of the hearing officer.
M. 
Where the Zoning Hearing Board fails to render a decision within the time period specified by this subsection or fails to hold the required hearing within 60 days from the date of the applicant's request for a hearing, the decision shall be deemed to have been rendered in favor of the applicant, unless the applicant has agreed, in writing or on the record, to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the Zoning Hearing Board to meet or render a decision as herein provided, the Zoning Hearing Board shall give public notice of said decision within 10 days of the last day it could have met to render a decision as provided in Subsection 12A of this section. If the Zoning Hearing Board fails to provide such notice, the applicant may do so. Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.
N. 
A copy of the final decision or, where no decision is called for, of the findings shall be delivered to the applicant personally or mailed by certified mail not later than the day following its date. The Zoning Hearing Board shall provide, by mail or otherwise, a brief notice of the decision of findings and a statement of the place at which the full decision or all findings may be examined to all persons who filed their names and address with the Zoning Hearing Board not later than the last day of the hearing; the Zoning Officer; the Borough Secretary; President of Council; and Chairman of the Planning Commission.
O. 
Mediation option.
(1) 
Parties to proceedings authorized in this section may utilize mediation as an aid in completing such proceedings. In proceedings before the Zoning Hearing Board, in no case shall the Zoning Hearing Board initiate mediation or participate as a mediating party. Mediation shall supplement, not replace, those procedures in this Part once they have been formally initiated. Nothing in this section shall be interpreted as expanding or limiting municipal police powers or as modifying any principles of substantive law.
(2) 
Participation in mediation shall be wholly voluntary. The appropriateness of mediation shall be determined by the particulars of each case and the willingness of the parties to negotiate. Borough Council or the Zoning Hearing Board, in offering the mediation option, shall assure that, in each case, the mediating parties, assisted by the mediator as appropriate, develop terms and conditions for:
(a) 
Funding mediation.
(b) 
Selecting a mediator who, at a minimum, shall have a working knowledge of municipal zoning and subdivision procedures and demonstrated skills in mediation.
(c) 
Completing mediation, including time limits for such completion.
(d) 
Suspending time limits otherwise authorized in this chapter or in the Pennsylvania Municipalities Planning Code[3] (Act 247, as amended) governing proceedings before the Zoning Hearing Board or Borough Council, as the case may be, provided that there is written consent by the mediating parties, and by an applicant or Borough decision-making body, if either is not a party to the mediation.
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
(e) 
Identifying all parties and affording them the opportunity to participate.
(f) 
Subject to legal restraints, determining whether some or all of the mediation sessions shall be open or closed to the public.
(g) 
Assuring that mediated solutions are in writing and signed by the parties, and become subject to review and approval by the appropriate decision-making body pursuant to the authorized procedures set forth in this chapter.
(3) 
No offers or statements made in the mediation sessions, excluding the final written mediated agreement, shall be admissible as evidence in any subsequent judicial or administrative proceedings.
13. 
Stay of proceedings.
A. 
Upon filing of any proceeding and during its pendency before the Zoning Hearing Board, all land development pursuant to any challenged ordinance, order or approval of the Zoning Officer or of any agency or body and all official action thereunder shall be stayed, unless the Zoning Officer or any other appropriate agency or body certifies to the Zoning Hearing Board facts indicating that such stay would cause imminent peril to life or property, in which case the development or official action shall not be stayed otherwise than by a restraining order, which may be granted by the Zoning Hearing Board or the court having jurisdiction of zoning appeals on petition after notice to the Zoning Officer or other appropriate agency or body. When an application for development, preliminary or final, has been duly approved and proceedings designed to reverse or limit the approval are filed with the Zoning Hearing Board by persons other than the applicant, the applicant may petition the court having jurisdiction of zoning appeals to order such persons to post bond as a condition to continuing the proceedings before the Zoning Hearing Board. The question whether or not such petition should be granted and the amount of the bond shall be within the sound discretion of the court.
B. 
All appeals from decisions rendered by the Zoning Hearing Board shall be taken to the Allegheny County Court of Common Pleas and shall be filed within 30 days after the entry of the decision or, in the case of a deemed decision, within 30 days after the date upon which notice of said deemed decision is given.
1. 
Any person aggrieved by any action or decision of the Zoning Officer involving administration of the provisions of this chapter may appeal to the Zoning Hearing Board. Such appeal must be filed, in writing, within 30 days after the decision or action of the Zoning Officer.
2. 
Upon receipt of such appeal, the Zoning Hearing Board shall conduct a hearing on the appeal in accordance with the provisions of § 27-1404.11.
3. 
Zoning appeals to court shall be taken to the Court of Common Pleas of Allegheny County in accordance with the procedures prescribed in Article X-A of the Pennsylvania Municipalities Planning Code.
1. 
Amendments other than curative amendments. Borough Council may amend this chapter as proposed by a member of Borough Council, by the Planning Commission or by a petition of a person residing or owning property within the Borough. The following procedures shall apply:
A. 
Petitions for amendment shall be filed with the Planning Commission, and the petitioner, upon such filing, shall pay any fees in accordance with the Schedule of Fees.[1] The Planning Commission shall review the proposed amendment and report its findings and recommendations, in writing, to the Borough Council and to the petitioner.
[1]
Editor's Note: The Schedule of Fees is on file in the Borough offices.
B. 
Any proposed amendment introduced by a member of Borough Council without written findings and recommendations from the Planning Commission shall be referred to the Planning Commission for review at least 30 days prior to the public hearing.
C. 
At least 30 days prior to Borough Council's public hearing on the amendment, the Borough shall submit the amendment to the Allegheny County Planning Agency for review and comment.
D. 
In the case where a proposed amendment involves the rezoning of property, a minimum of five public notices shall be conspicuously posted on and around the perimeter of the affected property for minimum of seven days prior to the date of the public hearing conducted by Borough Council.
E. 
Before voting on the enactment of an amendment, Borough Council shall hold a public hearing thereon, pursuant to public notice as defined by this chapter.
F. 
If the amendment involves a Zoning Map change, notice of the public hearing shall be mailed by the Borough of Homestead, at least 30 days prior to the public hearing by first class mail, to the addresses to which real estate tax bills are sent for all real property located within the area being rezoned, as evidenced by tax records with the Borough of Homestead. The notice shall include the location, date and time of the public hearing. This subsection shall not apply when the rezoning constitutes a comprehensive rezoning.
G. 
If after any public hearing held upon an amendment the proposed amendment is revised, or further revised, to include land previously not affected by it, Borough Council shall hold another public hearing, pursuant to public notice before proceeding to vote on the amendment.
H. 
A vote on any proposed amendment shall take place at a regular or special public meeting of Borough Council, following the public hearing or hearings.
I. 
Within 30 days after enactment, a certified copy of the amendment to this chapter shall be forwarded to the Allegheny County Planning Agency.
J. 
The Borough may offer a mediation option as an aid in completing proceedings authorized by this section. In exercising such an option, the Borough and the mediating parties shall meet the stipulations and follow the procedures set forth in § 27-1404.12O.
2. 
Curative amendments by landowners. A landowner who desires to challenge, on substantive grounds, the validity of this chapter or map (or any provision thereof) which restricts or prohibits the use or development of land in which he/she has an interest may submit a curative amendment to Borough Council, as provided by the Municipalities Planning Code.[2] Borough Council shall commence a hearing within 60 days of the request. Procedures for reviewing and conducting hearings on the curative amendment shall be in accordance with § 908 of the Municipalities Planning Code[3] governing hearings conducted by the Zoning Hearing Board; provided, however, that the provisions of § 908(1.2) and (9) shall not apply and the provisions of § 916.1 shall control. All references to the Zoning Hearing Board in § 908 shall apply to Borough Council for the purposes of this subsection. The curative amendment and challenge shall be referred to the Borough Planning Commission and County Planning Agency for review and comment at least 30 days prior to the public hearing.
[Amended at time of adoption of Code (see AO)]
A. 
Evaluating merits of curative amendment. If the Borough Council determines that a validity challenge has merit, the Borough Council 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:
(1) 
The impact of the proposal upon roads, sewer facilities, water supplies, schools and other public service facilities.
(2) 
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 available to and affordable by classes of persons otherwise unlawfully excluded by the challenged provisions of this chapter or map.
(3) 
The suitability of the site for the intensity of the use proposed by the site's soils, slopes, woodlands, wetlands, floodplains, aquifers, natural resources and other natural features.
(4) 
The impact of the proposed use on the site's soils, slopes, woodlands, wetlands, floodplains, aquifers, 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.
(5) 
The impact of the proposal on the preservation of agriculture and other land uses essential to public health and welfare.
B. 
Declaration of invalidity by the court. If the Borough does not accept a landowner's curative amendment brought in accordance with this section 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, but only for those provisions which specifically relate to the landowner's curative amendment and challenge.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
[3]
Editor's Note: See 53 P.S. § 10908.
3. 
Municipal curative amendments. The Borough, by formal action, may declare its zoning ordinance or portions thereof substantively invalid and propose to prepare a curative amendment to overcome such invalidity.
A. 
Within 30 days following such declaration and proposal, Borough Council shall:
(1) 
By resolution, make specific findings setting forth the declared invalidity of the zoning ordinance which may include:
(a) 
References to specific uses which are either not permitted or not permitted in sufficient quantity;
(b) 
Reference to a class of use or uses which require revision; or
(c) 
Reference to the entire ordinance which requires revisions.
(2) 
Begin to prepare and consider a curative amendment to the zoning ordinance to correct the declared invalidity.
B. 
Within 180 days from the date of the declaration and proposal, Borough Council shall either enact a curative amendment or vote to reaffirm the validity of its zoning ordinance. The procedures for adopting a curative amendment shall be as prescribed by Subsection 1 of this section.
C. 
Upon the initiation of the procedures set forth in Subsection 3A above, Borough Council shall not be required to entertain or consider any landowner's curative amendment. Similarly, the Zoning Hearing Board is not required to give a report on any challenge to the validity of the ordinance if the challenge is based upon grounds identical to or substantially similar to those specified in Borough Council's resolution.
D. 
Upon completion of the procedures as set forth in Subsections 3A and B, no rights to a cure pursuant to the provisions of Subsection 2 of this section shall, from the date of the declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of the unamended zoning ordinance for which there has been a curative amendment pursuant to this section.
E. 
The Borough may not again utilize the above procedure for a municipal curative amendment for a thirty-six-month period following the date of the enactment of a curative amendment or the reaffirmation of the validity of its zoning ordinance. However, if after the date of declaration and proposal there is a substantially new duty or obligation 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 prepare a curative amendment to this chapter to fulfill said duty or obligation.
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 Borough Council, an officer of the Borough, may institute in the name of the Borough 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. These remedies shall be in addition to any other remedies provided by law.
1. 
Any person, partnership or corporation 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 $600, plus all court costs, including reasonable attorney fees incurred by the Borough as a result thereof.
[Amended at time of adoption of Code (see AO)]
A. 
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 the Magisterial District Judge, 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 Magisterial District Judge, and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney fees collected for the violation of this chapter shall be paid over to the Borough.
2. 
The Court of Common Pleas, upon petition, may grant an order to 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.
[Added at time of adoption of Code (see AO)]
Written complaints Whenever a violation of this chapter occurs, or is alleged to have occurred, all persons must file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the Borough. The complaint must also contain the complainant's name, address, telephone number and/or email information. The Building Code Official/Zoning Officer or his designee shall properly record such complaint, investigate, and take action thereon as provided in this chapter.