A.
Building permits. Where required by Chapter 63, Building Permits, for the erection, enlargement, repair, alteration, moving or demolition of any structure, a building permit must be obtained from the Zoning Officer. Work on the proposed construction and/or development shall begin within six months and shall be completed within 12 months after the date of issuance of the building permit, or the permit shall expire. However the permit may be extended annually for an aggregate period of not more than three years, provided that the construction or change pursuant to such permit has commenced within the initial six-month period. Time extensions shall be granted only if a written request is submitted by the applicant which sets forth sufficient and reasonable cause for the Zoning Officer to approve such a request. The permit application must be accompanied by a site plan showing, as necessary to demonstrate conformity to this chapter:
(1)
Lot: the location and dimensions of the lot.
(2)
Streets: names and widths of abutting streets and
highways.
(3)
Structures and yards: locations, dimensions, and uses
of existing and proposed structures and yards on the lot and, as practical,
of any existing structures within 100 feet of the proposed structure
but off the lot.
(4)
Improvements: proposed off-street parking and loading
areas, access drives, and walks; proposed sewage disposal system.
B.
Use certificates.
(1)
A use certificate, certifying compliance with this
chapter, must be obtained from the Zoning Officer for any new structure
as below or for any change of use of a structure or land as set forth
below before such new structure or use or change of use is occupied
or established:
(a)
Use of a structure erected, structurally altered
or extended, or moved after the effective date of this chapter.
(b)
Use of vacant land, except for agricultural
purposes.
(c)
Any change in a conforming use of a structure
or land.
(d)
Any change from a nonconforming use of a structure
or land to a conforming use.
(e)
Any change in the use of a structure or land
from that permitted by any variance of the Zoning Hearing Board.
(2)
The application for a use certificate must include
a statement of the intended use and any existing use of the structure
or land. The certificate continues in effect as long as the use of
the structure or land for which it is granted conforms with this chapter.
A.
Appointment and powers. For the administration of
this chapter, a Zoning Officer, who may not hold any elective office
in the Borough, shall be appointed by the Borough Council. The Zoning
Officer shall meet qualifications established by the Borough and shall
be able to demonstrate to the satisfaction of the Borough a working
knowledge of municipal zoning. The Zoning Officer shall administer
this chapter in accordance with its literal terms and shall not have
the power to permit any construction or any use or change of use which
does not conform to this chapter. The Zoning Officer is the enforcement
officer for this chapter. He issues all building permits, use certificates,
at the direction of the Zoning Hearing Board, special exceptions and
variances, and, at the direction of the Borough Council, the Zoning
Officer issues permits for conditional uses. The Zoning Officer shall
identify and register nonconforming uses and nonconforming structures
together with the reasons why they were identified as nonconformities.
The Zoning Officer may conduct inspections and surveys to determine
compliance or noncompliance with the terms of this chapter.
C.
Transmittal of papers. Upon receipt of an application
for a special exception, conditional use, variance or a notice of
appeal, the Zoning Officer must transmit to the Secretary of the Borough
Council, Secretary of the Zoning Hearing Board and to the Borough
Planning Commission copies of all papers constituting the record upon
the special exception, conditional use, variance, or appeal.
D.
Action on building permits. Within 15 days, except for holidays, after receipt of an application for a building permit, the Zoning Officer must grant or refuse the permit. If the application conforms to the applicable requirements of the Chapter 63, Building Permits, and this chapter, the Zoning Officer must grant a permit. If the permit is not granted, he must state, in writing, the grounds of his refusal.
E.
Action on use certificates. Within 15 days, except
for holidays, after receipt of an application for a use certificate,
the Zoning Officer must grant or refuse the certificate. If the specifications
and intended use conform in all respects with the provisions of this
chapter, he must issue a certificate to that effect. Otherwise, he
must state, in writing, the grounds of his refusal.
F.
Revoking permits/approvals. The Zoning Officer shall
revoke a permit or approval issued under the provisions of this chapter
in the case of any false statement or misrepresentation of fact in
an application or on the plans on which the permit or approval was
based. Any permit issued in error shall in no case be construed as
waiving any provision of this chapter, and such permit may be revoked.
Revocation of such permit or approval shall occur with 30 days of
issuance of same.
G.
Enforcement. Upon determining that a violation of
any of the provisions of this chapter exists, the Zoning Officer must
send an enforcement notice 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:
(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 this chapter.
(4)
The date before which the steps for compliance must
be commenced (within 15 days of issuance of notice) and the date before
which the steps must be completed (within 45 days of issuance of notice).
H.
Records.
(1)
The Zoning Officer must keep record of:
(a)
All applications for building permits, use certificates,
special exceptions, conditional uses and variances and all actions
taken on them, together with any conditions imposed by the Zoning
Hearing Board.
(b)
All complaints of violations of provisions of
this chapter and the action taken on them.
(c)
All plans submitted.
(d)
Nonconforming uses and nonconforming structures.
(2)
All such records and plans shall be available for
public inspection.
The regulations embodied in this chapter are
the minimum standards for the protection of the public welfare. Where
federal or state regulations impose stricter standards, such provisions
shall take precedence over the regulations contained herein.
A.
The Borough Council may from time to time amend, supplement
or repeal any of the regulations and provisions of this chapter.
B.
Before voting on the enactment of an amendment, the
Borough Council shall hold a public hearing thereon, pursuant to public
notice. In addition, if the proposed amendment involves a Zoning Map
change, notice of said public hearing shall be conspicuously posted
by the Borough along the perimeter of 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. Written notice of
the scheduled public hearing shall be given to the property owner
and to all adjoining property owners. In the case of an amendment
other than that prepared by the Planning Commission, the Borough Council
shall submit each such amendment to the Planning Commission at least
30 days prior to the hearing on such proposed amendment to provide
the Planning Commission an opportunity to submit recommendations.
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, the Borough Council shall hold another public
hearing pursuant to public notice before proceeding to vote on the
amendment.
C.
At least 30 days prior to the hearing on any amendment
by the Borough Council, the Borough Planning Commission shall submit
the proposed amendment to the County Planning Commission for recommendations.
D.
Amendments involving Zoning Map changes. If the proposed
amendment involves a Zoning Map change, notice of the required 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.
E.
Proposed amendments shall not be enacted unless notice of the proposed enactment is given in the manner set forth in this section and shall include the time and place of the meeting at which passage will be considered and a reference to a place within the Borough where copies of the proposed amendment may be examined without charge or obtained for a charge not greater than the cost thereof. In addition to the public notice required in Subsection B of this section, the Borough Council shall publish the proposed text of the amendment once in one newspaper of general circulation in the Borough not more than 60 days nor less than seven days prior to passage. Publication of the proposed amendment shall include either the full text thereof or the title and a brief summary, prepared by the Borough Solicitor and setting forth all the provisions in reasonable detail. If the full text is not advertised, then:
(1)
A copy thereof shall be supplied to the newspaper
in general circulation in the Borough at the time the public notice
is published.
(2)
An attested copy of the proposed ordinance shall be
filed in the County Law Library or other county offices designated
by the County Commissioners, who may impose a fee no greater than
that necessary to cover the actual costs of storing the ordinance.
F.
Within 30 days after enactment of any amendment to
this chapter, a copy of the amendment shall be forwarded to the County
Planning Commission.
G.
Curative amendments. A landowner who desires to challenge
on substantive grounds the validity of an 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 as provided in Section 916.1
of the Pennsylvania Municipalities Planning Code, Act 247, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10916.1.
The Borough Council shall, by resolution, establish
fees for all applications, permits, or appeals provided for by this
chapter to defray the costs of advertising, mailing notices, processing,
inspecting, and copying applications, permits, and use certificates.
The fee schedule shall be available at the Borough Office for inspection.
Any person aggrieved or affected by any provision of this chapter or decision of the Zoning Officer may appeal in the manner set forth in Article IX or X-A of the Pennsylvania Municipalities Planning Code, Act 247, as amended.
All Borough ordinances or parts thereof in conflict with the provisions of this chapter, other than as provided for in § 240-109 of this chapter, are hereby repealed to the extent necessary to give this chapter full force and effect.
The provisions of this chapter shall be held
to be minimum requirements to meet the purposes of this chapter. When
provisions of this chapter impose greater restrictions than those
of any statute, other ordinance, or regulation, the provisions of
this chapter shall prevail. When provisions of any statute, other
ordinance or regulation impose greater restrictions than those of
this chapter, the provisions of such statute, ordinance or regulation
shall prevail.
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 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 institute any appropriate action or
proceeding to prevent, restrain, correct, or abate such building,
structure 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. No such action may be maintained until such notice has been
given.
A.
Any person, partnership or corporation who or which
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
$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 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 not 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.
B.
All judgments, costs and reasonable attorney's fees
collected for the violation of this chapter shall be paid over to
the Borough.
