There shall be a Zoning Officer who shall be appointed by the
Borough Council and may not hold any elected office in the Borough.
The Zoning Officer's duties shall include but not be limited to the
following:
A.
To enforce all provisions of this chapter and all amendments thereto.
B.
To receive and examine all applications and permits required by this
chapter and issue permits only for any use which is addressed in this
chapter.
C.
To refer applications for special exceptions to the Zoning Hearing
Board.
D.
To issue permits for construction of structures or uses requiring
a special exception or variance only upon order of the Zoning Hearing
Board. Permits requiring approval by the Borough Council, such as
conditional use approval, shall be issued only after authorization
from the Borough Council.
E.
To receive applications for interpretation appeals and variances
and forward these applications to the Zoning Hearing Board for action
thereon.
F.
To conduct inspections and surveys to determine compliance or noncompliance
with the terms of this chapter.
G.
To issue stop and cease-and-desist orders and order, in writing,
correction of all conditions found to be in violation of the provisions
of this chapter. Such written orders shall be served personally or
by certified mail upon persons, firms or corporations deemed by the
Zoning Officer to be violating the terms of this chapter. It shall
be unlawful for any person to violate any such order lawfully issued
by the Zoning Officer, and any person violating such order shall be
guilty of a violation of this chapter.
H.
To keep an official record of all business and activities, including
complaints of a violation of any of the provisions of this chapter
and of the subsequent action taken on each such complaint.
I.
To maintain or cause to have maintained a map or maps showing the
current zoning classification of all land in the Borough.
K.
To issue use and occupancy permits in accordance with the terms of
this article.
L.
To communicate as necessary with the Borough Department of Building,
Housing and Codes Enforcement and other Borough Departments to assure
all required permits and approvals have been obtained and all fees
have been paid prior to commencement of any use, land disturbance,
construction or activity regulated by this chapter.
A.
A building permit shall be obtained from the Borough Department of Building, Housing and Codes Enforcement in accordance with Chapter 43, Building Construction. No building permit shall be issued until the Pennsylvania Department of Labor and Industry issues a permit for commercial uses, industrial uses, places of public assembly and other uses if and as required by the state.
B.
It shall be unlawful for any person to commence construction and/or uses until a building permit has been duly issued and the applicant has complied with and obtained all permits required by Chapter 43, Building Construction.
C.
After completion of construction in accordance with an issued building permit, it shall be unlawful for any person to occupy any building or structure until a use and occupancy permit has been issued in accordance with Chapter 43, Building Construction.
D.
The Zoning Officer shall refuse to issue any permit and perform any
inspection or other duty required by this article unless the applicant
has complied with all applicable requirements of the Borough Code,
regulations and policies.
E.
Issuance of building permit; posting; notification of completion.
In addition to any other requirements set forth by the Borough, the
following shall apply: No building permit shall be issued until the
Zoning Officer has certified that the proposed building, structure
or alteration complies with the provisions of this chapter and other
applicable codes, regulations and ordinances. A building permit, once
issued, shall be posted on the property. Upon completion of the erection
of, addition to or alteration of any building, structure or portion
thereof authorized by any building permit obtained in compliance with
this chapter and prior to use or occupancy, the holder of such permit
shall notify the Zoning Officer of such completion.
It shall be unlawful for any person to use or occupy any building
or other structure or land until a certificate of occupancy has been
duly issued and, where applicable, a highway occupancy permit has
been issued by the Pennsylvania Department of Transportation.
A use and occupancy permit shall be required prior to any of
the following:
A.
Use and occupancy of any building or other structure hereafter erected
or altered for which a building permit is required.
B.
Change in the use of any building or structure or any part thereof.
C.
Use of land or change in the use thereof, except that the placing
of vacant land under cultivation shall not require a use and occupancy
permit.
D.
Change in use or extension of a nonconforming use.
A.
The Borough Council shall establish, by resolution, a schedule of
fees, charges and expenses and collection procedures for building
permits, occupancy permits, sign permits, conditional uses, special
exceptions, variances, validity challenges, curative amendments, petitions
for a zoning change, appeals, parking demand review and other matters
pertaining to this chapter. The Schedule of Fees shall be posted in
the office of the Zoning Officer and may be altered or amended only
by the Borough Council.
B.
No action shall be taken on any application for any conditional use,
special exception, variance, validity challenge, curative amendment,
petition for a zoning change or appeal or other approval or permit
until all application fees, charges and expenses have been paid in
full.
C.
The applicant shall reimburse the Borough for any fees of the Borough
Engineer or other experts and consultants for reviews on applications
for conditional use, petitions for zoning change, curative amendments,
parking demand review and any other application or request that requires
review and recommendations by Borough consultants.
A.
If it appears to the Borough that a violation of any provision of
this chapter or any amendment thereto, any detailed statement or a
plan approved under the provisions of this chapter or any amendment
thereto or any condition of a variance or special exception granted
by the Zoning Hearing Board or of a conditional use granted by the
Borough Council has occurred or is occurring, the Zoning Officer,
his designated agent or other enforcement officer shall initiate enforcement
proceedings by providing notice thereof to the owner of record of
the parcel, to any person who has filed a written request to receive
such a notice regarding that parcel and to any other person requested,
in writing, by the owner of record of the parcel.
B.
The enforcement notice shall state at least the following:
(1)
The name of the owner of record and any other person against
whom the municipality 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 Zoning Hearing Board or otherwise as prescribed herein within
a prescribed period of time in accordance with procedures set forth
in this chapter.
(6)
That failure to comply with the notice within the time specified,
unless extended by appeal to the Zoning Hearing Board or otherwise
as provided in this chapter, constitutes a violation, with possible
sanctions clearly described.
Any person who has violated or permitted the violation of the
provisions of this chapter shall, upon being found liable therefor
in a civil enforcement proceeding commenced hereunder, 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 the District Justice. In the event
that any such person against whom a judgment has been rendered by
the District Justice neither pays nor timely appeals the judgment,
the Borough may enforce the judgment pursuant to the applicable Pennsylvania
Rules of Civil Procedure. Each day that a violation continues shall
constitute a separate violation, unless the District Justice determining
that there has been a violation further determines that there was
a good faith basis for such person violating this chapter to have
believed that there was no such violation. In that latter 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 Justice, and, thereafter, each day that a violation continues
shall constitute a separate violation. All judgments, costs and reasonable
attorney's fees collected for the violation of this chapter shall
be paid over to the Borough.
In case any building, sign or structure is erected, constructed,
reconstructed, altered, repaired, converted or maintained or any building,
sign, structure or land is used or any hedge, tree, shrub or other
growth is maintained in violation of this chapter or of any regulations
pursuant thereto, in addition to other remedies provided by law, any
appropriate action or proceeding, whether by legal process or otherwise,
may be instituted or taken to prevent such unlawful erection, construction,
reconstruction, alteration, repair, conversion, maintenance or use;
to restrain, correct or abate such violation; to prevent the occupancy
of said building, structure or land; or to prevent any illegal act,
conduct, business or use in or about such premises.
A.
In evaluating an application to the Borough Council for a conditional
use, the Council shall require the applicant to provide information
to indicate that the standards and criteria have been met. The applicant
shall submit a report which describes how the standards and criteria
have actually been met or will be met to ensure that:
(1)
The proposed use is consistent with the purpose of the chapter whereby it is permitted, the overall purpose of the zoning as contained in Article I and all applicable provisions of this chapter.
(3)
The proposed use and its location are consistent with and responsible
to the Comprehensive Plan and, in particular, to the plans for land
use, circulation, community facilities and utilities.
(4)
The proposed use will not adversely affect the health, safety,
morals and general welfare of the Borough.
(5)
The proposed land use is consistent with the nature of the land
uses existing on any immediately adjacent properties and it will not
detract from or cause harm to neighboring properties and will be maintained
in a manner in keeping with the character of the neighborhood.
(6)
The proposed use is located in an area or areas for which the
lot is suited.
(7)
The proposed use is consistent with the logical extension of
public services and utilities, such as a public water and public sewer,
and will not have a negative effect on the public services and utilities
of the surrounding properties.
(8)
Proposed construction will be consistent with good design principles
and sound engineering and land development practices and is in keeping
with the character of any existing quality construction within the
neighborhood.
(9)
The proposed use reflects an environmentally sensitive approach
to land planning and design based on thorough site analysis and evaluation
related to topography, soils, vegetation, hydrology, visual quality
and related site conditions and characteristics.
(10)
The proposed use will provide safe and adequate access to roads
and public services, existing or proposed.
(a)
For all conditional use applications, except those noted in
112-1008A(10)(g) below, the applicant shall demonstrate that the proposed
conditional use will not adversely affect traffic flow and/or current
traffic controls within the Borough by creating a level of service
below that which is specified in this subsection.
(b)
To minimize potential adverse conditions from the proposed conditional
use, the level of service for all signalized intersections within
a distance of 1,000 feet from the tract which is the subject of the
conditional use application shall be a level of service of D or better.
The level of service for all unsignalized intersections within a distance
of 1,000 feet from the tract which is the subject of the conditional
use application shall be a level of service of C or better. The term
"level of service" and the categories thereof are used herein in accordance
with the definitions or meanings ascribed thereto in the document
entitled "Highway Capacity Manual, Transportation and Research Board,"
most recent edition.
(c)
The determination of levels of service shall be made after an experienced transportation engineer/traffic consultant conducts a transportation impact study in accordance with the requirements in Code § 97-38.2.
(d)
Signalized intersections showing a projected level of service
E or F and volume-to-capacity (v/c) ratios equal to or greater than
1.0 shall be considered deficient, and specific recommendations for
the elimination of these deficiencies shall be listed.
(e)
Unsignalized intersections showing a projected level of service
D, E or F shall be considered deficient and specific recommendations
for the elimination of these deficiencies shall be listed.
(f)
The listing of recommended improvements required by Subsection A(10)(d) and (e) above shall include but not be limited to the following elements: internal circulation design, site access location and design; external street and intersection design and improvements; pedestrian facilities and accommodations; public transportation availability; and traffic signal installation and operation, including signal timing.
(g)
The requirements in § 112-1008A(10)(a) through (f) shall not apply to the following conditional use applications: adaptive reuse of a historic carriage house, wireless communications facilities, agricultural operations, public service facilities or fences and walls over six feet in height.
(11)
The proposed use will provide for effective sanitation.
(13)
The proposed use, as depicted in the plans for subdivision and/or
land development, includes proposals for landscaping, in addition
to that required as stated above, in areas such as the entrance, along
property boundaries, in areas which are highly visible, such as along
streets or sidewalks, and in other places where the use of trees,
shrubs and ground covers would be functional and appropriate.
(14)
The proposed use will be properly sited and not be disruptive
to existing topography, streams and ponds, vegetation and other natural
resources, especially within the areas subject to floodplain regulations
of this chapter.
(15)
The proposed use will provide for adequate off-street parking
and loading.
(16)
The proposed use will provide for adequate signage.
(17)
The proposed use will provide for adequate environmental controls in accordance with Article V.
(18)
A satisfactory impact assessment report is submitted for any proposed use subject to the provisions of Article IX.
(19)
The proposed use can be adequately serviced by the type of water
supply and sewage disposal system which is proposed.
(20)
The proposed use will be developed using effective stormwater
management techniques and soil erosion and sedimentation control techniques.
B.
The Council may impose such conditions of approval as may be necessary
to ensure compliance with any or all of the above standards as well
as compliance with any other relevant ordinances, regulations and
codes.
C.
General procedures.
(1)
In the case of an application for a conditional use, the Planning
Commission shall perform a review and provide a report to the Borough
Council concerning the grant of approval or disapproval of the proposed
use.
(2)
The Borough Council shall, in the case of an application for
a conditional use, schedule a hearing for public review and comment.
Such hearing shall be held within 60 days of the application for conditional
use approval.
(3)
Review and decision process for conditional use applications.
The hearing shall be conducted by the Borough Council or the Council
may appoint any member or an independent attorney as a hearing officer.
The decision, or, where no decision is called for, the findings, shall
be made by the Borough Council. 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 Council
and accept the decision or findings of the hearing officer as final.
Hearings shall be conducted and concluded in accordance with the following
regulations.
(a)
Each hearing subsequent to the initial hearing shall be held
within 45 days of the prior hearing, unless otherwise agreed by the
applicant in writing or on the record.
(b)
The applicant shall complete the presentation of his case-in-chief
within 100 days of the first hearing.
(c)
The applicant shall be given at least seven hours of hearing
time within that 100-day period, assuming that number of hours is
required or requested.
(d)
Protestants, if any, shall complete their case in opposition
to the application within 100 days of the first hearing held after
completion of the applicant's case-in-chief.
(e)
The applicant may request additional hearings to complete his
case-in-chief, provided protestants are given an equal number of additional
hearings.
(f)
Protestants may be given additional hearings to complete their
opposition, provided the applicant is granted an equal number of additional
hearings for rebuttal and both the applicant and the Borough give
their written consent, or their consent is stated on the record.
(5)
The 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 the Council.
The date for the Council's decision may be extended by the applicant
either on the record or in writing addressed to the 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 therefor. Conclusions based upon this chapter, the Pennsylvania
Municipalities Planning Code[3] or any 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, and shall be mailed to
the applicant and his attorney at the addresses listed on the application.
If, after the conclusion of the public hearing(s), the application
is amended or revised, the Council shall hold one or more public hearings
thereon as may be necessary and shall issue a new decision thereon
in conformance with the procedure established in this section.
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
(6)
The President of Borough Council may issue subpoenas to compel
attendance of witnesses and the production of relevant documents and
papers, including witnesses and documents required by the parties.
(7)
The parties to the hearing shall be the Borough, any person
affected by the application who has made a timely appearance of record
before the Borough Council and any other person, including civic or
community organizations, permitted to appear by the Borough Council.
All persons who wish to be considered parties must enter appearances
in writing.
(8)
The parties shall have the right to be represented by legal
counsel and shall be afforded the opportunity to respond and present
evidence and argument and cross-examine adverse witnesses.
(9)
The Borough Council 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.
(10)
In the event of approval, should the applicant fail to obtain
the necessary Borough approvals and permits within 12 months of notification
or, having obtained the necessary approvals and permits, fail to commence
work thereunder within six additional months, it shall be conclusively
presumed that the applicant has waived, withdrawn or abandoned his
appeal or application; and all provisions, conditional use(s) and
permits granted to him shall be deemed automatically rescinded by
the Borough Council. If the Borough Council finds that a good reason
exists for the failure to comply with the time periods specified above,
an extension may be granted.
(11)
The grant of approval by the Borough Council for a conditional
use shall in no way release the applicant from his obligation to comply
with the applicable provisions of this chapter, the Subdivision and
Land Development Ordinance[4] and any other applicable Borough, state and federal regulations.
(12)
In the event that the Council fails to render a decision or fails to commence, conduct or complete the required hearing(s) as provided in this § 112-1008C, unless extended by the applicant either on the record or in writing, the decision shall be deemed to have been rendered in favor of the applicant. When a decision has been rendered in favor of the applicant because the Council failed to commence the hearings, complete the hearings, or render a decision as required by this section, the 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 this section. If the Council shall fail to provide such notice, the applicant may do so. Nothing in this section shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.
