[Ord. 565, 11/17/1986]
Persons desiring to undertake any new construction, structural
alteration or changes in the use of a building or lot shall apply
to the Zoning Officer for a zoning permit by filling out the appropriate
application form and by submitting the required fee. The Zoning Officer
will then either issue or refuse the zoning permit or refer the application
to the Zoning Hearing Board. After the zoning permit has been received
by the applicant, he may proceed to undertake the action permitted
by the zoning permit, and upon completion of such action, shall apply
to the Zoning Officer for an occupancy permit where such a permit
is required. If the Zoning Officer finds that the action of the applicant
has been taken in accordance with the zoning permit, he will then
issue an occupancy permit allowing the premises to be occupied.
[Ord. 565, 11/17/1986; as amended by Ord. 648, 8/7/1995]
1. Under
this Chapter, the following classes of zoning permits shall be issued:
A. Permitted
Uses. A zoning permit for a permitted use shall be issued by the Zoning
Officer upon his sole determination that a proposed use is permitted
under this Chapter.
B. Special
Exception Uses. A zoning permit for a special exception shall be issued
by the Zoning Officer after a review, which review includes public
notice and a hearing, by and upon the order of the Zoning Hearing
Board.
C. Conditional
Uses. A zoning permit for a conditional use shall be issued by the
Zoning Officer after review, which review includes public notice and
a hearing, by the Planning Commission and the Borough Council and
upon the order of the Borough Council.
D. Variance.
A zoning permit for a variance shall be issued by the Zoning Officer
after review, which review includes public notice and hearing, by
and upon the order of the Zoning Hearing Board.
[Ord. 565, 11/17/1986; as amended by Ord. 656, 9/9/1996; and by Ord. 757, 9/4/2007]
1. Zoning
Permits. The purpose of the zoning permit is to determine compliance
with the provisions of this Chapter, and no person shall erect, alter
or convert any structure, building, or part thereof, nor alter the
use of any land, subsequent to the adoption of this Chapter, until
a zoning permit has been issued by the Zoning Officer. Zoning permits
shall not be required for minor repairs to existing buildings. All
applications for zoning permits shall be issued in duplicate and one
copy shall be kept conspicuously on the premises, and no person shall
perform building operations of any kind unless a zoning permit is
being displayed as required by this Chapter. The Zoning Officer or
the Board may revoke a zoning permit at any time if it appears that
the application is in any material respect false or misleading or
that work being done upon the premises differs materially from that
called for in the application.
2. Time
Limit for Application. An application for a permit for any proposed
work shall be deemed to have been abandoned six months after the date
of filing unless such application has been diligently prosecuted or
a permit shall have been issued, except that reasonable extensions
of time for additional periods not exceeding 90 days each may be granted
at the discretion of the Zoning Officer.
3. Expiration
of Permit. The permit shall expire after one year from the date of
issuance; provided, however, that the same may be extended every six
months for a period not to exceed an additional one year.
4. Occupancy
Permits. The purpose of an occupancy permit is to certify that the
premises comply with the provisions of this Chapter and other applicable
regulations and may be used for the purpose set forth in the occupancy
permit. Prior to the use or occupancy of any land, structure or building
for which a zoning permit is required or to any change of use of land
or any change in nonresidential occupancy of an existing structure
or part thereof, or to any change in nonresidential occupancy of land,
an occupancy permit shall be secured from the Zoning Officer. For
the purposes of this Section of this Chapter, changes in nonresidential
occupancy shall be any change in the actual possession to another
tenant or tenants, or owner or owners and/or any change in the actual
use of an existing structure, or part thereof, or of any tract of
land, or part thereof, or any activity that results in the noncompliance
with any provision of this Chapter or with any conditions specified
on the current certificate of occupancy. A change from one type of
commercial, retail, residential, industrial, office or any other use
to another use shall be considered a change in use. Such activities
shall include, but not be limited to, the increase of floor area,
the addition of seats or beds, the increase in the number of employees
or professional persons or the addition of dwelling units. A copy
of the occupancy permit shall be kept upon the premises and shall
be displayed upon request made by any officer or employee or agent
of Borough Council. All applications for occupancy permits shall be
in writing on forms to be furnished by the Zoning Officer. Issuance
of an occupancy permit is not, nor shall it be deemed to be, a warranty
or guaranty by the Borough that the lot is fit for the particular
use set forth in the permit and the Borough shall not be liable in
any way to the owner or occupant for the issuance of the permit.
5. Certificate
of Nonconforming Use. The owner of the premises occupied by a lawful
nonconforming use or building may secure a certificate of nonconforming
use from the Zoning Officer. Such certificate shall be authorized
by the Zoning Hearing Board and shall be for the purpose of ensuring
to the owner the right to continue such nonconforming use.
[Ord. 565, 11/17/1986; as amended by Ord. 648, 8/7/1995]
1. Board
Created. The Borough Council does hereby create a Zoning Hearing Board
as provided for by the Pennsylvania Municipalities Planning Code.
The Board shall consist of five members, who shall hold no other office
in the Borough. The Borough Council may appoint by resolution up to
three residents of the Borough to serve as alternate members of the
Board, who shall hold no other office in the Borough and who shall
serve as provided for in §903(b) of the Pennsylvania Municipalities
Planning Code (53 P.S. §10903(b)).
2. Appointment
of Members. The terms of office of the Board shall be five years and
shall be so fixed that the term of office of one member of the Board
shall expire each year. Appointments to fill vacancies shall be only
for the unexpired portion of the term. The term of office of an alternate
member shall be three years.
3. Powers
and Duties. The Board shall have exclusive jurisdiction to hear and
render final adjudication in those matters specified in §909.1
of the Pennsylvania Municipalities Planning Code (53 P.S. §10909.1),
which are as follows:
A. Substantive
challenges to the validity of this Chapter or of any other land use
ordinance, except for challenges by the proposal of a curative amendment,
which must be brought before the Borough Council.
B. Challenges
to the validity of an ordinance that forms a part or all of this Chapter
or any other land use ordinance raising procedural questions or alleged
defects in the process of enactment or adoption and which have been
raised within 30 days of the effective date of the Chapter.
C. Appeals
from the determination of the Zoning Officer, including, but not limited
to, the granting or denial of any permit, the failure to act on an
application for a permit, the issuance of any cease-and-desist order
and the registration or refusal to register a nonconforming use, structure
or lot.
D. Appeals
from a determination of the Borough Engineer or the Zoning Officer
regarding administration of any floodplain or flood hazard ordinance
or such provisions within this Chapter or any other land use ordinance.
E. Applications
for variances from the terms of this Chapter or of any flood hazard
ordinance or such provisions within this Chapter or any other land
use ordinance, pursuant to §910.2 of the Pennsylvania Municipalities
Planning Code (53 P.S. §10910.2).
F. Applications
for special exceptions under this Chapter or any floodplain or flood
hazard ordinance or such provisions within this Chapter or any other
land use ordinance, pursuant to §912.1 of the Pennsylvania Municipalities
Planning Code (53 P.S. §10912.1).
G. Appeals
from the determination of any officer or agency charged with the administration
of transfers of development rights or of performance density provisions
of this Chapter.
H. Appeals
from the Zoning Officer’s determination under §916.2 of
the Pennsylvania Municipalities Planning Code (regarding procedure
to obtain preliminary opinion) (53 P.S. §10916.2).
I. Appeals
from the determination of the Zoning Officer or Borough Engineer in
the administration of this Chapter or any other land use ordinance
regarding sedimentation, erosion control or stormwater management
that are not brought before the Borough Council under Article V (relating
to subdivision and land development) or Article VII (relating to planned
residential development) of the Pennsylvania Municipalities Planning
Code.
[Ord. 565, 11/17/1986; as added by Ord. 648, 8/7/1995]
1. The
Borough Council or, except as to Paragraphs C, D and E, the Planning
Commission, if designated, shall have exclusive jurisdiction to hear
and render final adjudications in the following matters (underlined
words show matters pertaining to currently effective provisions of
this Chapter):
A. All
applications for approvals of planned residential developments under
Article VII (relating to planned residential development) of the Pennsylvania
Municipalities Planning Code (53 P.S. §10701 et seq.). (Note: Planned residential developments are not authorized by
this Chapter, nor has such been recommended by the Planning Commission
or contemplated under the Comprehensive Plan).
B. All
applications for approval of subdivisions or land developments under
Article V (relating to subdivision and land development) of the Pennsylvania
Municipalities Planning Code (53 P.S. §10501
et seq.). (Note: Subdivisions and land development under said Article are governed by the Borough Subdivision and Land Development Ordinance [Chapter
22].)
C. Applications
for conditional use under the express provisions of this Chapter pursuant
to §603(c)(2) of the Pennsylvania Municipalities Planning Code
(53 P.S. §10603(c)(2)).
D. Applications
for curative amendments to this Chapter pursuant to §§609.1
and 916.1(a)(2) of the Pennsylvania Municipalities Planning Code (53
P.S. §§10609.1 and 10916.1(a)(2)).
E. All
petitions for amendments to this Chapter or other land use ordinance,
pursuant to the procedures set forth in §609 of the Pennsylvania
Municipalities Planning Code (53 P.S. §10609). Any action on
such petitions shall be deemed legislative acts, provided that nothing
contained in this subsection shall be deemed to enlarge or diminish
existing law with reference to appeals to court.
F. Appeals
from the determination of the Zoning Officer or the Borough Engineer
in the administration of any land use ordinance or provisions thereof
with reference to sedimentation and erosion control and stormwater
management insofar as the same relate to application for land development
under Article V (relating to subdivision and land development) and
Article VII (relating to planned residential development) of the Pennsylvania
Municipalities Planning Code, 53 P.S. §10101 et seq.
[Ord. 565, 11/17/1986; as amended by Ord. 648, 8/7/1995; and by Ord. 841, 10/7/2019]
1. Appeals
Before the Zoning Hearing Board. Appeals before the Zoning Hearing
Board shall be filed within 30 days after a person receives notice
of the matter which forms the subject matter of the appeal by filing
with the Board a notice of appeal specifying the grounds thereof.
When the appeal arises from an adverse determination of the Zoning
Officer, a notice of appeal shall also be filed with the Zoning Officer.
2. Expiration
of Appeal Decision. Unless otherwise specified by the Board, a decision
on any appeal or request for a variance shall expire if the applicant
fails to obtain any necessary zoning permit or comply with the conditions
of said authorized permit within six months from the date of authorization
thereof.
3. Appeal
from Decision of Board. Any appeal from a decision of the Zoning Hearing
Board shall be made to the court. In case of an appeal from the Board
to the Court of Common Pleas, the Board shall make the return required
by law and shall promptly notify the Solicitor of the Borough of such
appeal and furnish him with a copy of the return, including transcript
of testimony. Any order of the Board not appealed within 30 days shall
be final.
4. Stay
of Proceedings. An appeal shall stay all proceedings appealed in furtherance
of the action appealed from unless the Zoning Officer certifies to
the Board, after the notice of appeal shall have been filed, that
by reason of facts stated in the certificate a stay would, in his
opinion, cause imminent peril to life or property, in which case proceedings
shall not be stayed otherwise than by a restraining order which may
be granted by the Board after notice to the Zoning Officer or by the
Court of Common Pleas.
5. Information
Required on Appeals to the Board. All appeals from a decision of the
Zoning Officer and applications to the Board shall be in writing on
forms prescribed by the Board. Every appeal or application shall include
the following:
A. The
name and address of the applicant or appellant.
B. The
name and address of the owner of the zone lot to be affected by such
proposed change or appeal.
C. A brief
description and location of the zone lot to be affected by such proposed
change or appeal.
D. A statement
of the present zoning classification of the zone lot in question,
the improvements thereon and the present use thereof.
E. A statement
of the section of this Chapter under which the appeal is made and
the reasons why it should be granted, or a statement of the Section
of this Chapter governing the situation in which the alleged erroneous
ruling is being appealed and the reasons for this appeal.
F. A reasonably
accurate description of the present improvements and the additions
or changes intended to be made under this application, indicating
the size of such proposed improvements, material and general construction
thereof. In addition, there shall be attached a plot plan of the real
property to be affected, indicating the location and size of the lot
and size of improvements thereon and proposed to be erected thereon.
6. Hearing
Requirements. The Board shall conduct hearings and make decisions
in accordance with the following requirements:
A. Public
notice shall be given; written notice shall be conspicuously posted
on the affected tract of land at least one week prior to the hearing;
and written notice shall be given to the applicant, the Zoning Officer
and to any person who has made timely request for written notice in
such manner and at such time as shall be determined by the Board.
B. The
Borough Council may prescribe reasonable fees with respect to hearings
before the Board. Fees for the hearings may include compensation for
the Secretary and members of the Board, notice and advertising costs
and necessary administrative overhead connected with the hearing.
The costs, however, shall not include legal expenses of the Board,
expenses for engineering, architectural or other technical consultants
or expert witness costs.
C. The
first hearing before the Board shall be commenced within 60 days from
the date of receipt of the applicant’s application, unless the
applicant has agreed in writing to an extension of time. Each subsequent
hearing before the Board 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 Board 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 their opposition to the application within 100 days
of the first hearing held after the completion of the applicant’s
case-in-chief. An 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 Borough, 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. The
hearings shall be conducted by the Board or the Board may appoint
any member as a hearing officer. The decision or, where no decision
is called for, the findings shall be made by the Board; however, the
appellant or the applicant, as the case may be, in addition to the
Borough, may, prior to the decision of the hearing, waive decision
or findings by the Board and accept the decision or findings of the
hearing officer as final.
E. The
parties to the hearing shall be the Borough, any person who has been
affected by the application who has made timely appearance of record
before the Board and any other person, including civic and community
organizations, permitted to appear by the Board. The Board shall have
power to require that all persons who wish to be considered parties
enter appearances in writing on forms provided for that purpose.
F. The
Chairman or Acting Chairman of the Board or the hearing officer presiding
shall have power to administer oaths and issue subpoenas to compel
the attendance of witnesses and the production of relevant documents
and papers, including witnesses and documents requested by the parties.
G. 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.
H. Formal
rules of evidence shall not apply, but irrelevant, immaterial or unduly
repetitious evidence may be excluded.
I. The
Board or the hearing officer, as the case may be, shall keep a stenographic
record of the proceedings. The appearance fee for a stenographer shall
be shared equally by the applicant and the Board. The cost of the
original transcript shall be paid by the Board if the transcript is
ordered by the Board or hearing officer or shall be paid by the person
appealing from the decision of the Board or hearing officer if such
appeal is made, and in either event the cost of additional copies
shall be paid by the person requesting them. In other cases the party
requesting the original transcript shall bear the cost of it.
J. The
Board or the hearing officer shall not communicate, directly or indirectly,
with any party or his representatives in connection with any issue
involved except upon notice and opportunity for all parties to participate,
shall not take 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 shall not inspect the site or surroundings after the commencement
of the hearings with any party or his representative unless all parties
are given an opportunity to be present.
K. The
Board or the hearing officer, as the case may be, 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
Board or hearing officer. Where the application is contested or denied,
each decision shall be accompanied by findings of facts and conclusions
based on them together with the reasons for them. Conclusions based
on any provisions of this Chapter or of any statute, rule or regulation
shall contain a reference to the provision and the reasons why the
conclusion is deemed appropriate in the light of the facts found.
If the hearing is conducted by a hearing officer and there has been
no stipulation that his decision or findings are final, the Board
shall make his report and recommendations available to the parties
within 45 days, and the parties shall be entitled to make written
representations on them to the Board prior to final decision or entry
of findings, and the Board’s decision shall be entered no later
than 30 days after the report of the hearing officer. Where the Board
fails to render the decision within the time period required 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 Board to meet or render a decision as
provided here, the Board shall give public notice of that decision
within 10 days from the last day it could have met to render a decision.
If the Board fails to provide public notice, the applicant may do
so. Nothing in this subsection shall prejudice the right of any party
to appeal the decision to a court of competent jurisdiction.
L. A copy
of the final decision or, where no decision is called for, of the
findings shall be mailed or delivered personally to the applicant
not later than the day following its date. To all other persons who
have filed their names and addresses with the Board not later than
the last day of the hearing, the Board shall provide, by mail or otherwise,
brief notice of the decision or findings and a statement of the place
at which the full decision or findings may be examined.
[Ord. 565, 11/17/1986; as amended by Ord. 648, 8/7/1995; and by Ord. 841, 10/7/2019]
1. Conditional
uses as specified in this Chapter shall be allowed or denied by the
Borough Council following public notice and a hearing and pursuant
to recommendations made by the Planning Commission after a no more
than sixty-day review by the Planning Commission. A proposed conditional
use shall be permitted based on the determination by the Borough Council
that it is appropriate to the specific location for which it is proposed,
consistent with the community development plan, and in keeping with
the purposes and intent of this Chapter. In allowing a conditional
use, the Borough Council may attach such reasonable conditions and
safeguards, in addition to any expressed in this Chapter, as it may
deem necessary to implement the purposes of the Municipalities Planning
Code and this Chapter. The following criteria shall be used as a guide
in evaluating a proposed conditional use:
A. The
presence of adjoining similar uses.
B. An
adjoining district in which the use is permitted.
C. The
need for the use in the area proposed as established by the Comprehensive
Plan or other valid service.
D. Sufficient
area to effectively screen the conditional use from adjacent different
uses.
E. The
use will not detract from the permitted uses of the district.
F. Sufficient
safeguards, such as parking, traffic control, screening and setbacks,
can be implemented to remove any potential adverse influences the
use may have on adjoining uses.
G. The
notification of abutting property owners.
H. Uses shall meet the provisions and requirements of the Borough Subdivision and Land Development Ordinance [Chapter
22], as amended.
2. Should
the applicant fail to obtain the necessary permits within a six-month
period, or, having obtained the permit, should he fail to commence
work thereunder within such six-month period, it shall be conclusively
presumed that the applicant has waived, withdrawn or abandoned his
appeal or his application, and all provisions, conditional use and
permits granted to him shall be deemed automatically rescinded by
the Borough Council.
3. Where
the Borough Council fails to render its decision within the period
required herein or fails to commence, conduct, or complete the required
hearings as provided in §27-1608.C, 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 Borough Council to meet or render a decision as
hereinabove provided, the Borough Council shall give public notice
of the decision within 10 days from the last day it could have met
to render a decision in the same manner as required by the public
notice requirements of the Pennsylvania Municipal Planning Act, as
amended. If the Borough Council shall fail to provide such public
notice, the applicant may do so.
[Ord. 565, 11/17/1986; as amended by Ord. 648, 8/7/1995]
1. The
Borough Council may from time to time amend this Chapter, including
the Zoning Map. The amendment may be a curative amendment initiated
by a landowner or it may be an amendment initiated by the Borough
Council, the Planning Commission or otherwise by petition to the Borough
Council.
A. Curative
Amendment Initiated by Landowner. A landowner who desires to challenge
this Chapter on substantive grounds because it prohibits or restricts
the use or development of land in which the landowner has an interest
may submit a curative amendment to the Borough Council pursuant to
§609.1 of the Pennsylvania Municipalities Planning Code, 53 P.S.
§10609.1, and the Borough Council shall act on it pursuant to
that section.
B. Amendment
by Other than Curative Amendment.
(1) Procedure for Petition. A petition for amendment shall contain as
fully as possible all relevant information and shall be signed by
at least one record owner of the property in question, whose signature
shall be notarized, attesting to the truth and correctness of all
the facts and information presented in the petition. A fee established
by resolution of the Borough Council shall be paid upon the filing
of the petition for the purpose of defraying the costs of the proceedings
to act on the petition.
(2) Hearing and Notice. Before voting whether or not to enact an amendment,
the Borough Council shall hold a public hearing on the proposed amendment,
pursuant to public notice. In addition, if the proposed amendment
involves a change to the Zoning Map, notice of the public hearing
shall be conspicuously posted at least one week before the hearing
by the Borough Council at points deemed sufficient by the Borough
Council along the perimeter of the affected tract.
(3) Submission to Planning Commission. In the case of an amendment other
than that prepared by the Planning Commission, the Borough Council
shall submit the amendment to the Planning Commission for recommendations
at least 30 days before the public hearing.
(4) Submission to Snyder County Planning Commission. The Borough Council
shall submit a proposed amendment to the Snyder County Planning Commission
for recommendations at least 30 days before the public hearing.
(5) When another public hearing necessary. If after the public hearing,
any proposed amendment is revised to include land previously not affected
by it, the Borough Council shall hold another public hearing, pursuant
to public notice, before proceeding to vote on the amendment.
(6) After Enactment. The Borough Council shall submit a copy of an amendment
to the Snyder County Planning Commission within 30 days after enactment.
(7) Mediation Option. As an aid to amendment proceedings, the parties
of the proceeding may choose to mediate their differences in accordance
with §908.1 of the Pennsylvania Municipalities Planning Code,
53 P.S. §10908.1.
3.
Authentication of Zoning Map. Whenever there has been a change
in the boundary of a zoning district or the classification of a zoning
district, the change shall be made on the Zoning Map and shall be
duly certified by the Borough Secretary, and the Zoning Map shall
be reified as part of the permanent records of the Borough.
[Ord. 565, 11/17/1986; as amended by Ord. 648, 8/7/1995; and by Ord. 825, 10/3/2016]
1. Enforcement
Notice. If it appears to the Zoning Officer or to any other proper
official of the Borough that a violation of this Chapter has occurred,
the Borough shall initiate enforcement proceedings by sending an enforcement
notice as provided in this Section. The enforcement notice shall be
sent to the owner of record of the parcel on which the violation has
occurred, to any person who has filed a written request to receive
enforcement notices regarding that parcel, and to any other person
requested in writing by the owner of record. An enforcement notice
shall state at least the following:
A. The
name of the owner of record and any other person against whom the
borough intends to take action.
B. The
location of the property in violation.
C. The
specific violation with a description of the requirements which have
not been met, citing in each instance the applicable provisions of
this Chapter.
D. The
date before which the steps for compliance must be commenced and the
date before which the steps must be completed.
E. 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. 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.
2. Causes
of Action. In case any building, structure, landscaping or land is
or is proposed to be erected, constructed, reconstructed, altered,
converted, maintained or used in violation of this Chapter, the Borough
Council or, with the approval of the Borough Council, an officer of
the Borough or any aggrieved owner or tenant of real property who
shows that his property or person will be substantially affected by
the alleged violation may, in addition to other remedies, institute
any appropriate action or proceeding to prevent restrain, correct
or abate the building, structure, landscaping or land or to prevent
in or about the premises any act, conduct, business or use constituting
a violation. When such an action is instituted by a landowner or tenant,
notice of that action shall be served upon the Borough at least 30
days prior to the time the action is begun by serving a copy of the
complaint on the Borough Council. No such action may be maintained
until such notice has been given.
3. Enforcement
Remedies.
A. Any
person, partnership or corporation who or which has violated any provision
of this Chapter shall, upon being found liable therefore in a civil
enforcement proceeding commenced by the Borough, pay a judgment of
not more than $500, plus all court costs, including reasonable attorney’s
fees incurred by the Borough as a result thereof. No judgment shall
commence or be imposed, levied or payable until the date of the determination
of a violation by a district magistrate magisterial district judge, who shall have initial jurisdiction
over proceedings brought under this Section. If the defendant neither
pays nor timely appeals the judgment, the Borough may enforce the
judgment pursuant to the Pennsylvania Rules of Civil Procedure. Each
day that a violation continues shall constitute a separate violation,
unless the district magistrate 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 district
magistrate 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.
B. The
Snyder County Court of Common Pleas, upon petition, may grant an order
of stay, upon cause shown, tolling the per diem judgment pending a
final adjudication of the violation and judgment.
C. Nothing
contained herein 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.
[Ord. 565, 11/17/1986]
Fees for permits and for the administration of the provisions
of this Chapter shall be established by resolution.