A.
The provisions of this chapter shall be administered and enforced
by a Zoning Officer with the aid of the Police Department, Borough
Solicitor, Borough Engineer, municipal agencies, and consultants.
B.
It shall be the duty of the Zoning Officer and they shall have the
power to:
(1)
Keep a permanent record of all plans and applications for permits,
and all permits issued with notations as to special conditions attached
thereto. All records shall be open for public inspection and shall
be the property of the Borough.
(2)
Review applications for zoning permits for erections or alterations
of structures or changes of use, determine whether such construction
or use is in accordance with the general requirements of this chapter,
all other applicable ordinances and with the laws and regulations
of the commonwealth.
(3)
Conduct inspections and surveys to determine compliance or noncompliance
with the terms of this chapter. In carrying out such surveys, the
Zoning Officer or his representative may enter upon any land or buildings,
except that if the building is occupied he needs a warrant.
(4)
Make written orders requiring compliance with the provisions
of this chapter to be served personally or by registered mail.
(5)
Institute proceedings in courts of proper jurisdiction for the
enforcement of provisions of this chapter.
(6)
Maintain a map showing the current zoning classification of
all land.
(7)
Maintain a map and register showing the registration, identity,
location and type of all nonconforming uses.
(8)
Participate in all proceedings before the Zoning Hearing Board,
present facts and information to assist the Board in reaching a decision,
resist and oppose any deviations from the standard provisions of this
chapter and have decisions of Board reviewed in a court of proper
jurisdiction when, in the judgment of the Zoning Officer, such review
is desirable. The Zoning Officer shall maintain a record of all Zoning
Hearing Board decisions, including but not limited to variances granted
and special exceptions approved by the Zoning Hearing Board.
A.
Permits required. A zoning permit shall be required for the construction
or alteration of any building or structure, and for any change of
use of a lot, building, structure, or premises. No work shall begin
and no building shall be occupied until a zoning permit has been secured
from the Zoning Officer. Upon completion of the work authorized by
any permit, the applicant for the permit shall notify the Zoning Officer
of such completion. No permit shall be considered complete or as permanently
effective until the Zoning Officer has noted on the permit that the
work has been inspected and approved as being in conformity with the
provisions of this chapter.
B.
Applications for permits. All applications for zoning permits shall
be made in writing by the owner or tenants or authorized agent, on
the required form or forms and shall be filed with the Zoning Officer.
The application shall be in accordance with the regulations promulgated
at the time of submission.
C.
Issuance of permits. The Zoning Officer shall have authority to issue
zoning permits only for construction and uses which are in accordance
with the general requirements of this chapter. Zoning permits for
construction and uses which are a special exception to such general
requirements shall be issued by the Zoning Officer only upon order
of the Zoning Hearing Board. The Zoning Officer shall issue no permits
for the construction or use of any land or building unless it also
conforms to the requirements of all other ordinances of North Wales
Borough and with the laws of the commonwealth.
D.
Revocation of permits. The Zoning Officer shall revoke, withhold
or suspend a permit or approval issued under the provisions of this
chapter in case of one or more of the following:
(1)
Any false statement or misrepresentation of fact in the application
or on the plans on which the permit or approval was based.
(2)
Upon violation of any condition lawfully imposed by the Zoning
Hearing Board upon a special exception use or variance or by Borough
Council upon a conditional use.
(3)
Any work being accomplished or use of land or structures in
such a way that does not comply with this chapter or an approved site
plan or approved permit application.
(4)
For any violation of the Borough Building Code or Subdivision
and Land Development Ordinance.
(5)
For any other just cause set forth in this chapter.
E.
Expiration of permits. The work authorized by permits shall begin
within 180 days of issuance of the permit. Construction of a structure
shall be completed within 180 days after the beginning of construction
of such structure. Upon written request to the Zoning Officer, this
may be extended up to 180 days by the Zoning Officer upon just cause.
If an applicant fails to obtain the necessary permits or begin construction
within the above time periods, or allows interruptions in substantial
construction of longer than 45 days, the Zoning Officer may conclusively
presume that the applicant has waived, withdrawn, or abandoned, approvals
and permits under this chapter and may consider all such approvals
and permits to have become null and void. The permittee must then
reapply for a new permit and pay all fees at the current fee schedule
at the time of application as required by the Borough.
A.
An appeal or an application for a special exception or variance from
the terms of this chapter may be filed with the Zoning Officer and
shall set forth the following facts:
(1)
The name and address of the applicant.
(2)
The name and address of the owner of the real estate to be affected
by the proposed exception or variance.
(3)
A brief description and location of the real estate to be affected
by such proposed change.
(4)
The present zoning classification of the real estate in question,
the improvements thereon and its present use.
(5)
The section of this chapter under which the variance or exception
requested may be allowed and reasons for which it should be granted.
(6)
A reasonably accurate description of the improvements and the
additions intended to be made under this application, including the
size of such proposed improvements, material and general construction
thereof, and attached thereto shall be a certified survey (unless
waived by the Zoning Officer) from a licensed surveyor or professional
engineer showing the affected real property, indicating the location
of the lot and its size, all current and proposed improvements, parking
spaces where pertinent, and all plot lines, dimensions, and setback
boundaries.
B.
No application to the Zoning Hearing Board will be scheduled for hearing unless and until all requirements, including the production of a certified survey as noted in Subsection A(6) above, have been produced to the Zoning Officer.
C.
An appeal from the decision of the Zoning Officer must be filed with
the Zoning Officer within 30 days of receipt thereof.
The applicant for a permit, appeal to the Zoning Hearing Board
or conditional use shall, at the time of making the application, pay
to the Zoning Officer for the use of the Borough a fee in accordance
with a fee schedule adopted by resolution of the Borough Council upon
the enactment of this chapter, or as shall be determined from time
to time, by the Borough Council.
A.
Procedure.
(1)
Where conditional uses are requested, Borough Council shall
schedule a public hearing to decide such requests within 60 days from
the date of filing the completed application, or as extended by consent
of the applicant. The hearing shall be conducted by Borough Council,
and all findings shall be made by Borough Council. The decision or,
where no decision is called for, the findings shall be made by Council.
(2)
Borough Council shall request a review of the application for
conditional use by the Planning Commission prior to the publicly scheduled
public hearing to determine whether the standards of this chapter
have been met and any recommendations for conditions of approval.
Final approval and determination of these conditions shall be made
by Borough Council.
(3)
Borough Council shall render a written decision or, when no
decision is called for, make written findings on the conditional use
application within 45 days after the last hearing before Borough Council.
Where the application is contested or denied, each decision shall
be accompanied by findings of fact or conclusions based thereon, together
with any reasons thereof.
(4)
Standards for conditional use approval. In addition to the requirements of the Pennsylvania Municipalities Planning Code and the use-specific standards set forth in Article IV, Use Regulations, the following standards shall be considered by the Borough Council:
(a)
The conditional use shall be consistent with the goals, objectives,
and recommendations of the Borough's Comprehensive Plan and any
of its implementing or supporting plans or policies.
(b)
The conditional use shall be in compliance with all requirements
and additional standards enumerated in the provision which gives the
right to seek a conditional use.
(c)
The conditional use shall comply with the zoning code requirements
of the underlying district in which the property is located.
(d)
The conditional use shall not be detrimental to the character
of the community. The scale and design of development shall be architecturally
compatible with the existing community.
(e)
The conditional use shall not be detrimental to nor adversely
affect other uses of property in the vicinity of the subject property.
(f)
The conditional use shall not generate excessive noise, noxious
odors, air pollution, or lighting that could be a nuisance or safety
hazard to the general public. The layout of vehicle and pedestrian
facilities shall be safe for all users.
(g)
The conditional uses shall be served by adequate public facilities,
including streets, water, sanitary sewage, fire protection, stormwater
control, parks and recreation uses and other public facilities and
services.
(5)
Conditions. Borough Council may require adjustments to the proposal
as a condition of approval. Examples of conditions may include, but
are not limited to:
(a)
Alternate site layouts.
(b)
Alternate circulation patterns for vehicles, bicyclists, and
pedestrians.
(c)
Increased setbacks, if it will reduce impacts on adjacent property
owners or screen view from the public right-of-way.
(d)
Landscape buffers or fences, if the provision of such will reduce
impacts on adjacent property owners or screen view from the public
right-of-way.
(e)
Limitation on the permitted hours-of-operation so as to minimize
impacts on the surrounding community.
(f)
Other changes deemed necessary by Borough Council to meet the
goals and objectives of this chapter.
B.
An application for conditional use shall contain the following information:
(1)
The name of the legal owner, equitable owner, tenant and intended
developer.
(2)
The deed to the property and, where applicable to the applicant,
the agreement of sale or lease authorizing the applicant to seek conditional
use approval.
(3)
Existing and proposed buildings and other structures, as shown
on a plan prepared under seal by a Pennsylvania-licensed professional
surveyor, engineer or architect, as well as facade and elevation views
showing the entire exterior of all buildings. Site plans shall show
locations of all utilities, heat pumps, compressors, etc. Site plans
shall identify and describe proposed surface materials. Elevation
views must show all new structures in context with existing buildings
on the lot and adjoining properties.
(4)
The name, address of all adjoining property owners and the tax
parcel numbers of the adjoining properties.
(5)
A key map showing the location of the proposed development within
the Borough and its relationship to major streets and political boundaries.
(6)
Other existing and proposed improvements.
(7)
References to the Code provision(s) permitting the application
for conditional use, and all information necessary to demonstrate
compliance with the applicable conditional use criteria and standards
for approval.
(8)
The appropriate fee for the conditional use application.
