A Zoning Officer shall administer and enforce this chapter including the receiving of applications, the inspection of premises, and the issuing of zoning, building, occupancy, and any other permits. No zoning, building, or occupancy permit shall be issued by said Zoning Officer except where the provisions of this chapter have been complied with. The Zoning Officer shall be appointed by the Borough Council.
A. 
No building or structure shall be erected, added to, or structurally altered until a permit therefor has been issued by the Zoning Officer. All applications for zoning and building permits shall be in accordance with the requirements of this chapter, and unless upon written order of the ZHB, no such zoning and/or building permit shall be issued for any building where said construction, addition, or alteration for use thereof would be in violation of any of the provisions of this chapter.
B. 
Remodeling or improvement of existing buildings which does not alter the basic structure, create additional lot area coverage or change the use of the parcel or building is exempt from this specific requirement provided the estimated cost of such activities does not exceed 100% of the fair market value of the existing structure.
(1) 
Roof construction requires a permit subject to the Borough's Fee Schedule. This fee may be amended from time to time by the Borough Council by resolution per the Borough's Fee Schedule.
C. 
There shall be submitted with all applications for zoning and building permits two copies of a layout or plot plan drawn to scale showing the actual dimensions of the lot to be built upon, the exact size and location of the building on the lot, and accessory buildings to be erected, and other such information as may be deemed necessary by the Zoning Officer to determine and provide for the enforcement of this chapter.
D. 
One copy of such layout or plot plan shall be returned when approved by the Zoning Officer together with the permit to the applicant upon payment of a fee as predetermined from a fee schedule adopted by the Borough Council.
E. 
Additional construction details as determined by the person or company providing inspection services to the Borough for the purpose of administering the provisions of the UCC, shall be provided by the applicant prior to the issuance of a zoning and/or building permit.
A. 
Completion of the authorized new construction, alteration, remodeling, change, or use of a building or land under the provisions of a zoning and/or building permit shall not be occupied until an occupancy permit has been issued by the Zoning Officer. The written request to the Zoning Officer shall be processed within two weeks of receipt of the request for the proposed use, provided the use is in conformity with the provisions of this chapter and other effective and applicable ordinances. The Zoning Officer's refusal to issue an occupancy permit shall include a written statement to the applicant containing reasons for such denial.
B. 
Occupancy permits are required for all changes in use and any time a property is sold, as follows:
(1) 
Occupancy of a new building or structure.
(2) 
Occupancy and use of a building hereafter moved or altered so as to require a zoning and/or building permit.
(3) 
Change in the use of an existing building other than to a use of the same category.
(4) 
Occupancy and use of unimproved or vacant land.
(5) 
Change in the use of land except to another use of the same type.
(6) 
Any change in use of a nonconforming use.
(7) 
Any change to local utility services.
C. 
Occupancy permits shall state that the building or the proposed use of a building or land complies with all provisions of this chapter and all other applicable ordinances, that the Borough is deemed to authorize such permit and is required for both initial and continued occupancy and use of the building and land so long as such building and use is in full conformity with the provisions of this chapter.
A. 
If it appears to the Borough that a violation of any zoning provision enacted under this chapter or prior enabling laws has occurred, the Borough shall initiate enforcement proceedings by sending an enforcement notice as provided in this section.
B. 
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.
C. 
An enforcement notice shall state at least the following:
(1) 
The name of the owner of record and any other person against whom the Borough intends to take action.
(2) 
The location of the property in violation.
(3) 
The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of the ordinance.
(4) 
The date before which the steps for compliance must be commenced and the date before which the steps must be completed.
(5) 
That the recipient of the notice has the right to appeal to the ZHB within a prescribed period of time in accordance with procedures set forth in the ordinance.
(6) 
That failure to comply with the notice within the time specified, unless extended by appeal to the ZHB, constitutes a violation, with possible sanctions clearly described.
(7) 
That the recipient is responsible for installing and maintaining a five-inch Storz or comparable fire/sprinkler system.
D. 
In any appeal of an enforcement notice to the ZHB the Borough shall have the responsibility of presenting its evidence first.
E. 
Any filing fees paid by a party to appeal an enforcement notice to the ZHB shall be returned to the appealing party by the Borough if the ZHB, or any court in a subsequent appeal, rules in the appealing party's favor.
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 any ordinance enacted under this act the MPC[1] or prior enabling laws, 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, in addition to other remedies, may institute 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. When any such 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 of the Borough. No such action may be maintained until such notice has been given.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A. 
Any person, partnership, or corporation who or which has violated or permitted the violation of the provisions of any zoning ordinance enacted under this act or prior enabling laws shall, upon being found liable therefor in a civil enforcement proceeding commenced by a Borough, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by a 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 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 the ordinance 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 zoning ordinances shall be paid over to the Borough whose ordinance has been violated.
B. 
The Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment.
C. 
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.
A. 
Users should be aware that the following Section is a summary of requirements of the MPC - Act of 1968, P.L. 805, No. 247,[1] as reenacted and amended, and should refer to the MPC for the complete requirements under Pennsylvania Law.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B. 
The regulations and provisions of this chapter and the official Zoning Map may be amended from time to time, upon recommendation of the Planning Commission or the Borough Council, or by application of an affected party.
C. 
Enactment of amendments. Zoning amendments procedures shall adhere to the requirements of § 609 of the MPC, 53 P.S. § 10609, as amended.
D. 
Public hearing. The Borough Council shall hold a public hearing on a proposed amendment pursuant to public notice, and pursuant to mailed notice and electronic notice to an owner of a tract or parcel of land located within the Borough or an owner of the mineral rights in a tract or parcel of land within the Borough who has made a timely request in accordance with § 109 of the MPC[2] before voting on enactment of an amendment. In addition, if the proposed amendment involves an Official Zoning Map change, notice of said public hearing shall be conspicuously posted by the Borough at points deemed sufficient by the Borough along the tract to notify potentially interested citizens. The affected tract or area shall be posted at least one week prior to the date of the hearing.
(1) 
In addition to the requirement that the notice be posted, where the proposed amendment involves an Official Zoning Map change, notice of the public hearing shall be mailed by the Borough at least 30 days prior to the date of the 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 within the possession of the Borough. The notice shall include the location, date, and time of the public hearing. A good faith effort and substantial compliance shall satisfy the requirements of this section. This clause shall not apply when the rezoning constitutes a comprehensive rezoning.
[2]
Editor's Note: See 53 P.S. § 10109.
E. 
Planning Commission review. 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 at least 30 days prior to the hearing on the proposed amendment for recommendations.
F. 
County planning review. The recommendation of the county planning agency shall be made to the Borough Council within 45 days and the proposed action shall not be taken until such recommendation is made. If, however, the county fails to act within 45 days, the Borough Council shall proceed without its recommendation.
G. 
Landowner curative amendments. A landowner who desires to challenge on substantive grounds the validity of a zoning ordinance or map or any provision thereof, which prohibits or restricts the use or development of land in which he has an interest may submit a curative amendment to the Borough Council with a written request that his challenge and proposed amendment be heard and decided in accordance with § 916.1 of the MPC, 53 P.S. § 10916.1, as amended. All procedures regarding landowner curative amendments shall be conducted in accordance with § 609.1 of the MPC, 53 P.S. § 10609.1, as amended.
H. 
Municipal curative amendments. If the Borough Council determines that this chapter or a portion thereof is substantially invalid, it may implement the procedure for municipal curative amendments provided for in § 609.2 of the MPC, 53 P.S. § 10609,[3] as amended.
[3]
Editor's Note: See 53 P.S. § 10609.2.
A. 
Purpose of rezoning.
(1) 
The purpose of rezoning is to protect the safety, capacity, and efficiency of the Borough's existing infrastructure systems; to maintain fiscal responsibility; and to uphold the objectives of the Joint Comprehensive Plan.
(2) 
Borough rezoning recommendations shall be based on the projected beneficial and/or detrimental effects on the Borough and the ASO region as a whole.
B. 
Rezoning petition forms.
(1) 
All rezoning petitions shall be completed on the official forms provided by the Zoning Officer.
(2) 
All rezoning petitions shall be required to prepare a series of plans, analyses, and reports to demonstrate the compatibility of a rezoning proposal.
C. 
Review of rezoning petitions.
(1) 
Upon receipt of a rezoning petition, the Zoning Officer will review the package for completeness. If the Zoning Officer finds the petition to be incomplete or insufficient, the rezoning petition will be returned to the applicant. When the rezoning petition is found to be complete by the Zoning Officer, one copy shall be forwarded to each member of the Planning Commission and each member of the Borough Council. As part of the rezoning approval process, the Planning Commission and Borough Council shall consider the motivation and implications of each plan, analysis, and report.
(2) 
The Planning Commission shall review the petition in compliance with the following procedural guidelines:
(a) 
The Planning Commission shall decide if the proposed rezoning is or is not generally consistent with the Comprehensive Plan.
(b) 
If the rezoning petition is found to be generally consistent with the Comprehensive Plan, the Planning Commission shall consider any projected beneficial and/or detrimental effects on the Borough.
(c) 
Based on these analyses, the Planning Commission shall submit a recommendation either in favor or not in favor of the rezoning petition.
(3) 
The final recommendation of the Planning Commission shall be forwarded to the Borough Council.
(4) 
Upon receipt of the Planning Commission's final recommendations, the Borough Council shall render a decision in favor or not in favor of the rezoning petition. The Borough Council shall compose a brief summary explanation of its decision and forward the decision and explanation to the Zoning Officer.
D. 
Petition criteria. There are two categories of rezoning petitions: minor and major. Minor and major rezoning petitions are differentiated based on the size of the area to be rezoned and the anticipated fiscal, physical, environmental, and social impacts on the municipality(s).
(1) 
Minor. Minor rezoning petitions are expected to have a lesser impact on the traffic, fiscal resources, and existing physical and environmental character of the community. The following situations constitute eligibility for the minor rezoning petition:
(a) 
The rezoning of a non-residential parcel, or contiguous parcel(s), that totals one acre or less.
(b) 
The rezoning of an existing residential parcel, or contiguous parcel(s), that totals one acre or less.
(2) 
Major. Any rezoning project that does not meet the minor criteria is a major rezoning petition.
E. 
Rezoning petition plans, analyses, and reports. The plans, analyses, and reports to be submitted as part of minor or major rezoning petition include:
(1) 
A sketch plan.
(2) 
Estimated infrastructure demands (gallons per day).
(3) 
Off-street parking projections (number of spaces).
(4) 
A summary of anticipated impacts on adjoining lots, including, but not limited to, noise, vibration, nighttime lighting, service area locations and visibility, hours of operation.
(5) 
Depending upon the location of lot access, infrastructure service/demands and impacts identified in Subsection D above on adjoining lots, the Borough Council may require a landowner and/or developer to prepare other potential related studies.
F. 
Additional information. The Planning Commission and the Borough Council may request additional information as part of the rezoning review and approval process in order to evaluate the applicability of the rezoning.