A.
Conformance: Any activity regulated by this chapter shall
only occur or be undertaken and be continued in conformance with the requirements
of this chapter.
B.
Authorization: This chapter regulates all matters and activities authorized by Article VI of the Pennsylvania Municipalities Planning Code, as amended.
C.
Regulated activities: Any of the following activities
or any other activity or matter regulated by this Zoning Ordinance shall only
be undertaken after the required permit or approval has been obtained in full
compliance with this chapter:
D.
Repairs and maintenance: Ordinary repairs, structural
strengthening, facade maintenance to existing structures that do not infringe
upon a required setback may be made without a zoning permit provided such
activity does not involve: 1) a change in use; 2) an expansion, construction
or placement of a structure; 3) an increase in the number of dwelling units
or boardinghouse units; and/or 4) any other activity regulated by this chapter.
A.
Reviews: The Planning Commission shall review all proposed
plans involving a change in use, special exceptions, conditional uses, rezoning,
and subdivision of property, and forward to Borough Council a recommendation
of either approval or denial. Borough Council may take into consideration
the recommendation of the Planning Commission, and at the next regular public
meeting, shall approve or deny the final application. Certain activities require
review and/or approval of the Zoning Hearing Board. In such case, the Zoning
Officer shall not issue a zoning permit until such required review or approval
occurs.
B.
Principal permitted use: Within 90 days of receiving
a proper and complete application for a principal permitted use (permitted
by right) that does not include a change in use, special exceptions, conditional
uses, rezoning, and subdivision of property, the Zoning Officer shall either:
C.
Timing: After a zoning permit has been received by the
applicant, the applicant may undertake the action permitted by the permit
under this chapter, provided the work complies with other Borough ordinances.
However, it is recommended that applicants wait 30 days to begin construction
if there is a possibility of an appeal by another party to have the permit
revoked. Any commencement of construction or a use within this thirty-day
appeal period shall be at the risk of the applicant.
B.
Types of uses:
(1)
The Zoning Officer shall review all applications for
zoning permits that do not involve a change in use, special exceptions, conditional
uses, rezoning, and subdivision of property and take one of the following
actions:
(a)
Principal permitted uses (permitted by right uses). If
a use is listed as a principal permitted use by this chapter and meets the
requirements of this chapter, the Zoning Officer shall either:
(2)
The Planning Commission shall review all applications
for zoning permits involving a change in use, special exceptions, conditional
uses, rezoning, and subdivision of property and take one of the following
actions;
(a)
Principal permitted uses (permitted by right uses). If
a use is listed as a principal permitted use by this chapter and meets the
requirements of this chapter, the Planning Commission shall recommend to the
Zoning Officer to issue a permit in response to a complete application.
(b)
Conditional use. If a use requires a permit under this
chapter for a conditional use, the Planning Commission shall recommend either
denial or approval and forward to the Zoning Officer. A permit shall be issued
by the Zoning Officer only on written order of the Borough Council.
[1]
Expansions. Expansions or additions to uses classified
as conditional uses shall also be considered conditional uses. The addition
of an accessory structure shall not be considered a conditional use.
(c)
Special exception use. If a use requires a permit under
this chapter for a special exception, the Planning Commission shall recommend
either denial or approval and forward to the Zoning Officer and Borough Council.
A permit shall be issued by the Zoning Officer only upon the written order
of the Zoning Hearing Board after a hearing and on written order of the Borough
Council.
[1]
Zoning Hearing Board action on special exception uses:
[b]
In granting a special exception, the Zoning Hearing Board
may attach such reasonable conditions and safeguards (in addition to those
expressed in this chapter) as it determines are necessary to implement the
purposes of the Pennsylvania Municipalities Planning Code and this chapter,
and to protect the public health, safety and welfare.
(d)
Application requiring a variance. If a use requires a
variance, the Planning Commission shall recommend either denial or approval
and forward to the Zoning Officer. A variance shall be issued by the Zoning
Officer only upon the written order of the Zoning Hearing Board after a hearing.
C.
Occupancy permit.
(1)
Completion of the authorized new construction, alteration,
remodeling, change of use of building or land under the provisions of a zoning
permit shall not be occupied until an occupancy permit has been issued by
the Zoning Officer. Written request to the Zoning Officer shall be processed
within one week of receipt of the request of the proposed use, provided the
use is in conformity with the provisions of this chapter and all other effective
and applicable ordinances. Zoning Officer refusal to issue an occupancy permit
shall include a written statement to the applicant containing reasons for
such denial.
(2)
Occupancy permits are required for the following.
(a)
Occupancy of a new building.
(b)
Occupancy and use of a building hereafter moved or altered
so as to require a zoning permit.
(c)
Change in the use of an existing building other than
to a use of the same type.
(d)
Occupancy and use of vacant land.
(e)
Change in the use of land except to another use of the
same type.
(f)
Any change in use of a nonconforming use.
(3)
Occupancy permits shall state that the building or the
proposed use of a building or land complies with all provisions of law and
of this chapter and all other ordinances of the municipality, is deemed to
authorize 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.
(4)
The applicant shall show a valid occupancy permit to
the Zoning Officer upon request.
D.
Zoning permit: No building or structure shall be erected,
added to, or structurally altered or the use of land or use of building changed
until a permit therefor has been issued by the Zoning Officer. All applications
for zoning permits shall be in accordance with the requirements of this chapter,
and unless upon written order of the Zoning Hearing Board, no such zoning
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. 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 10% of the
fair market value.
E.
Applications:
(1)
Applications. Any request for a decision, interpretation
or variance by the Zoning Hearing Board, application for a conditional use,
or for a permit under this chapter shall be made in writing on a form provided
by the Borough and in accordance with the procedures established by the Borough.
Such completed application, with any required fees and with any required site
plans or other required information, shall be submitted to the Borough Secretary.
The applicant is responsible to ensure that a responsible Borough official
notes the date of the official receipt on the application.
(2)
Number of copies. Seven copies of a site plan shall be
submitted with an application.
(3)
Information required. Any application for a zoning permit
shall include the following information:
(a)
In the case of an application involving the construction of any new structure or any addition to an existing structure, all of the information required in this Subsection E(3) shall be provided by the applicant. However, the Planning Commission may determine, as part of the review process, that certain information is not required for a particular application and, upon such determination, the specified information need not be provided by the applicant.
(b)
The Planning Commission shall require, unless exceptions
are made, the following information:
[1]
Names and address of the applicant or appellant and the
name and address of the owner of the affected property.
[2]
Name and address of engineer or surveyor who surveyed
the property and prepared the plan. A set of sealed drawings/plans.
[3]
A description of the existing and proposed use(s) of
the property, including numbers of dwelling units, minimum square feet of
proposed dwelling units and number of proposed business establishments, if
any.
[4]
A description of any proposed nonresidential operations
and storage in sufficient detail to indicate potential hazards or other significant
public health and safety hazards.
[5]
If a principal nonresidential use is proposed within
close proximity to dwellings, a description of hours of operation and proposed
methods of storing garbage outdoors on site.
[6]
A listing of any specific sections of this chapter being
appealed, with the reason for any appeal.
[7]
A plot plan legible in every detail and drawn to scale
but not necessarily showing precise dimensions and including the following
information:
[a]
Name of the development.
[b]
Name and address of landowner and/or land developer.
(If corporation, give name of officers.)
[c]
Location map.
[d]
North arrow, true or magnetic.
[e]
Graphic scale.
[f]
Written scale.
[g]
Date plot plan was completed.
[h]
Names of adjacent property owners and tax map numbers,
including those across adjacent roads.
[i]
Proposed and existing street and lot layout including
street names and right-of-way widths.
[j]
Proposed and existing easements with their location and
dimensions.
[k]
Existing and proposed man-made and/or natural features:
|
Watercourses (with names)
| |
|
Rock outcrops, ledges and stone fields
| |
|
Buildings, structures, sidewalks, crosswalks, signs and setbacks required
by the Zoning Ordinance
| |
|
Approximate location of tree masses
| |
|
Utility lines, building/lot lines, wells, sewage system(s), water main(s),
and fire hydrant(s)
| |
|
Entrances, exits, access roads and parking areas including the number
of spaces
| |
|
Drainage and stormwater management facilities
| |
|
Plans for any required buffer plantings
| |
|
Any and all other significant features
|
[l]
Location of permanent and seasonal high water table areas and
one-hundred-year flood zones.
[m]
Tract boundaries accurately labeled.
[n]
The total acreage of the tract and extent of the areas of the
site to be disturbed and percentage lot coverage when the project is completed.
[o]
Location and type of rights-of-way or other existing restrictive
covenants which might affect the subdivision and/or development.
[p]
A statement of the water supply and sewage disposal proposed.
[q]
Erosion and sedimentation controls and stormwater management
plans in compliance with state law.
[r]
The present zoning district and major applicable lot requirements.
[s]
Profiles of existing/proposed sewer lines.
(c)
In any case, the Zoning Officer, Planning Commission,
Borough Council or the Zoning Hearing Board, as the case may be, may require
any other additional information or any level of detail deemed necessary to
determine compliance with this chapter or to identify any impact of the proposed
use.
(4)
Other laws. The Zoning Officer may withhold issuance
of a permit under this chapter if there is clear knowledge by the Zoning Officer
that such a use would violate another Borough, state or federal law or regulation.
(5)
Ownership. No person other than a landowner or their
specifically authorized agent or a tenant or lessee with written permission
of the landowner shall submit a zoning application.
(6)
Advisory reviews. The Zoning Officer and/or Borough Engineer
may submit a copy of any plan and application to any appropriate agencies
and/or individuals such as PA DEP, Jefferson County Soil Conservation Service,
PennDOT, and the County Planning Commission for review, comment or permit.
(7)
Subdivision approval. Applications for uses which also
necessitate approvals under the Borough Subdivision Ordinance shall be processed
in the manner provided for plat approval under that ordinance. Such applications
shall also contain all information or data normally required for a submission
under the Subdivision Ordinance.[1] A zoning permit shall not be issued until the proposed use has been granted a final approval under the Subdivision Ordinance. However, no building or property shall be occupied or used until final subdivision approval has been granted and an occupancy permit has been properly issued pursuant to § 230-114C of this chapter.
F.
Issuance of permits:
(1)
At least two copies of any permit required under this
chapter shall be made.
(2)
One copy of any such permit shall be retained in Borough
files and one copy shall be retained by the applicant. A copy of any such
permit shall be shown by the applicant to the Zoning Officer upon the Zoning
Officer's request.
(3)
The Zoning Officer shall issue or deny a permit for a
principal permitted use within a maximum of 90 days after a complete, duly
filed application and fees are submitted.
(4)
No owner, contractor, worker or other person shall perform
building or construction activity of any kind regulated by this chapter unless
a valid zoning permit has been issued for such work, nor shall such persons
conduct such work after notice that a zoning permit has been revoked.
G.
Revocation of permits.
(1)
The Zoning Officer shall revoke a permit or approval
issued under the provisions of the Zoning Ordinance in case of:
(a)
Any false statement or misrepresentation of fact in the
application or on the plans on which the permit or approval was based. (The
Pennsylvania Criminal Code provides for penalties for providing false information
to a municipal employee in the carrying out of his/her duties);
(b)
Upon violation of any condition lawfully imposed upon
a special exception, variance or conditional use;
(c)
Any work being accomplished or land or structures being
used in such a way that does not comply with this chapter or an approved site
plan or approved permit application; or
(d)
For any other just cause set forth in this chapter.
(2)
If a zoning permit is revoked, the person holding the
permit shall immediately surrender such permit and all copies to the Zoning
Officer.
H.
Changes to approved plans:
(1)
After the issuance of a permit and/or approval under this chapter by the Borough, such approved application shall not be changed without the written consent of the Borough, as stated in Subsection H(2) below.
(2)
Changes to an approval by the Zoning Hearing Board as
a special exception use or by the Borough Council as a permitted or conditional
use shall require reapproval of the changes by such bodies if the Zoning Officer
determines that such changes affect matters that were within the scope of
approval of such body. Such approval by the Hearing Board or the Borough Council
is not required for clearly minor technical adjustments or matters that are
solely corrections of information that do not affect any of the significant
features of the site plan or the intensity of the use, as determined by the
Zoning Officer.
(3)
A copy of such adjustment or correction shall be provided
in writing to the Chairperson of the Planning Commission, the President of
the Borough Council and/or the Chairperson of the Zoning Hearing Board if
the change concerns a plan approved by such bodies.
A.
Application fees: As authorized by Article VI, Section 617, § 617.3 and Article IX, Section 908, § 908(1.1) of the Pennsylvania Municipalities Planning Code, the Borough Council shall establish a uniform schedule of fees, charges and expenses, as well as a collection procedure, for zoning permits, conditional use permits, Zoning Hearing Board proceedings and other matters pertaining to this chapter by means of a resolution. Permits, certificates, conditional uses permits, special exception permits and variances shall be issued only after fees have been paid in full, and the Zoning Hearing Board shall take no action on appeals until all fees have been paid in full.
B.
Stenographer fees: The appearance fee for a stenographer
shall be shared equally by the applicant and the Borough. The cost of the
original transcript shall be paid by the Borough if the transcript is ordered
by the Borough or shall be paid by the person appealing the decision of the
Borough if such appeal is made, and in either event the cost of additional
copies shall be paid by the person requesting such copy or copies. In other
cases, the party requesting the original transcript shall bear the cost thereof.
The job description for the Brookville Borough Code and Zoning Enforcement
Officer is on file at the Brookville Borough Office.
A.
Appointment: The Zoning Officer(s) shall be appointed
by the Borough Council. The Zoning Officer(s) shall not hold any elective
office within the Borough but may hold other appointed offices not in conflict
with the Pennsylvania Municipalities Planning Code (MPC).
B.
Duties and powers. The Zoning Officer shall:
(1)
Administer the Zoning Ordinance.
(2)
Provide information to applicants regarding required
procedures.
(3)
Assist in receiving and examining all applications required
under the terms of this chapter, and issue or refuse permits within this chapter.
(4)
Receive written complaints of violation of this chapter,
and issue a written notice of violation to any person violating any provision
of this chapter.
(5)
Keep records of applications, permits, certificates,
written decisions and interpretations issued, of variances and special exception
granted by the Zoning Hearing Board, of conditional uses approved by the Borough
Council, recommendations by Planning Commission, of complaints received, of
inspections made, of reports rendered, and of notice or orders issued.
(6)
Make all required inspections and perform all other duties
as called for in this chapter.
(7)
Be authorized to institute civil enforcement proceedings
as a means of enforcement when acting within the scope of their employment.
(8)
Not have the power to permit any activity which does
not conform to this chapter or all other ordinances of the Borough known to
the Zoning Officer.
C.
Qualifications. Pursuant to Article VI, Section 614 of the PA Municipalities Planning Code, the following minimum qualifications shall apply to any Zoning Officer(s) appointed to serve the Borough after the adoption of this chapter, unless such mandatory qualifications are waived by motion of the Borough Council.
(1)
The person shall demonstrate a working knowledge of zoning.
(2)
The person shall exhibit an ability to thoroughly evaluate
site plans and building plans.
(3)
The person shall demonstrate excellent oral and written
communications skills.
(4)
The person shall be familiar with the PA Municipalities
Planning Code.
D.
Other Borough officials: Police officers, fire fighters,
construction inspectors, other Borough staff and Borough officials and the
general public may report possible zoning violations to the Zoning Officer
for his/her determination.
A.
Appointment and qualifications:
(1)
The Borough Council shall appoint a Zoning Hearing Board,
which Board shall consist of three members. The initial terms of the first
three members shall be as follows: one shall serve until the first Monday
of January following the effective date of this chapter; one until the first
Monday of the second January following the effective date of this chapter;
and the other until the first Monday of the third January following the effective
date of this chapter. Their successors shall serve for terms of three years.
Any vacancy shall be filled for the unexpired term only. The members of the
Board shall be removed for cause by the appointing authority upon written
charges and after public hearing. The Board shall organize and elect a Chairman
and a Secretary from its membership and shall prescribe rules and procedures
for the conduct of its affairs in accordance with applicable law.
(2)
Recommended qualifications. Each Zoning Hearing Board
member should:
B.
Jurisdiction: The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudications in all matters indicated in Article IX, Zoning Hearing Board and other Administrative Proceedings, of the Pennsylvania Municipalities Planning Code, as amended.
C.
Zoning Hearing Board hearings and decisions: The Zoning Hearing Board shall conduct hearings and make decisions in accordance with Article IX, Zoning Hearing Board and other Administrative Proceedings, of the Pennsylvania Municipalities Planning Code, as amended.
D.
Variances: The Zoning Hearing Board shall hear requests
for variances filed with the Board in writing by any landowner or any tenant
with written permission of such landowner.
(1)
The Board may grant a variance only within the limitations
of the Municipalities Planning Code. The applicant shall have the burden of
proof to show compliance with such standards. As of 1993, the Municipalities
Planning Code provided that all of the following findings must be made, where
relevant in a particular case:
(a)
There are unique physical circumstances or conditions
(including irregularity, narrowness, or shallowness of lot size or shape,
or exceptional topographical or other physical conditions peculiar to the
particular property) and that the unnecessary hardship is due to such conditions
and not the circumstances or conditions generally created by the provisions
of this chapter in the neighborhood or district in which the property is located;
(b)
Because of such physical circumstances or conditions,
there is no possibility that the property can be developed in strict conformity
with the provisions of the Zoning Ordinance and a variance is, therefore,
necessary to enable the reasonable use of the property;
(c)
Such unnecessary hardship has not been created by the
appellant;
(d)
The variance, if authorized, will not alter the essential
character of the neighborhood or district in which the property is located,
nor substantially or permanently impair the appropriate use or development
of adjacent property, nor be detrimental to the public welfare; and
(e)
The variance, if authorized, will represent the minimum
variance that will afford relief and will represent the least modification
possible of the regulation in issue.
(2)
In granting any variance, the Board may attach such reasonable
conditions and safeguards as it may deem necessary to implement the purpose
of the Municipalities Planning Code and this chapter and to protect the public
health, safety and welfare.
(3)
The Zoning Officer shall refuse to accept a proposed
application that is not materially or significantly different from an appeal
on the same property that was denied by the Board within the previous year.
E.
Planning Commission review of variance applications:
(1)
The Planning Commission shall review variance applications
prior to them being sent to the Zoning Hearing Board.
(2)
If written comment from the Planning Commission from
such review is not received within the time limit within which the Zoning
Hearing Board must issue a decision, then the Board may make a decision without
having received comments from the Planning Commission.
A.
Zoning permit: After a variance, a conditional use or
special exception approval is officially authorized under this chapter, then
a zoning permit shall be issued and shall be valid for a period of 12 months
from the date of issuance, after which the approval of the variance, special
exception or conditional use shall be deemed null and void and the developer
shall be required to submit another application for the same.
B.
Extension: For good cause the Zoning Officer may, upon
application in writing stating the reasons therefor, extend in writing the
original twelve-month application period an additional six months.
The time limitations for appeals shall be as follows:
A.
Zoning Hearing Board: No person shall be allowed to file any appeal with the Zoning Hearing Board later than 30 days after the officially issued decision by the Zoning Officer, or appeal with the County Court of Common Pleas later than 30 days after the officially issued decision of the Borough Council or the Zoning Hearing Board, except as may be provided under Article IX, Section 914, § 914.1 of the PA Municipalities Planning Code.
C.
Subdivision or land development approval: The failure
of an aggrieved person other than the landowner to appeal an adverse decision
directly related to a preliminary subdivision or land development plan shall
preclude an appeal from a final plan approval except in the case where the
final submission substantially deviates from the approved preliminary plan.
The minimum lot area requirements of this chapter shall not apply to
uses or structures owned by the Borough for uses and structures that are intended
for a legitimate governmental, recycling, public recreation, stormwater control
or public health and safety purpose.
The Borough Council may amend the Zoning Ordinance by complying with the requirements set forth in Article VI of the Pennsylvania Municipalities Planning Code. A landowner who desires to challenge on substantive grounds the validity of an ordinance or map or any provisions thereof which prohibits or restricts the use or development of land in which he has an interest may submit a curative amendment to the governing body with a written request that this challenge and proposed amendment be heard and decided on as provided in Article VI, Section 609, § 609.1 and Article IX, Section 916, § 916.1 of the Pennsylvania Municipalities Planning Code.
A.
Compliance: Failure to comply with any provision of this
chapter, failure to secure or comply with a decision of the Borough Council
or Zoning Hearing Board or the failure to secure a permit, when required,
prior to or (when ordered) after the erection, construction, extension, or
addition to a building or prior to or after the use or change of use of land
or failure to secure a certificate of use permit, shall be violations of this
chapter.
B.
Complaints: Whenever a violation of this chapter occurs,
any person may file a complaint in regard thereto. All such complaints must
be in writing and shall be filed with the Zoning Officer, who shall record
receipt of the said complaint and investigate and report thereon.
C.
Enforcement notice: When written notice of a violation of any of the provisions of the ordinance shall be served by the Zoning Officer, personally or by certified mail, in the manner prescribed by Article VI, Section 616, § 616.1 of the Pennsylvania Planning Code and as follows:
(1)
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.
(2)
An enforcement notice shall state at least the following:
(a)
The name of the owner of record and any other person
against whom the municipality 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 provision
of the ordinance;
(d)
The date before which the steps for compliance must be
commenced and the date before which the steps must be completed;
(e)
That 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)
That failure to comply with the notice within the time
specified, unless extended by the appeal to the Zoning Hearing Board, constitutes
a violation, with possible sanctions clearly described.
(3)
In any appeal of an enforcement notice to the Zoning
Hearing Board, the Borough shall have the responsibility of presenting its
evidence first.
(4)
Any filing fee paid by a party to appeal an enforcement
notice to the Zoning Hearing Board shall be returned to the appealing party
by the Borough if the Zoning Hearing Board, or any court in subsequent appeal,
rules in the appealing party's favor.
A.
Causes of action: In case any building, structure or
land is, or is proposed to be, erected, constructed, reconstructed, altered,
converted, maintained or used in violation of any provisions of this chapter,
the Borough Council or, with the approval of the Borough Council, an officer
of the municipality, or any aggrieved owner or tenant of real property who
shows that his/her 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 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 to the Borough Council. No such action may be maintained until
such notice has been given.
B.
Enforcement remedies:
(1)
Any person, partnership or corporation who or which has
violated or permitted the violation of any of the provisions of this Zoning
Ordinance 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 be payable
until the date of the determination of a violation by the district justice.
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 the 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 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 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 Zoning Ordinance
shall be paid over to the Borough.
(2)
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.
(3)
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.
Neither the approval nor the granting of any review,
issuance of permit or approval related to construction, activity within the
floodplain, site plan review, subdivision or land development approval, erosion
control, stormwater runoff, activity on steep slopes or any other review or
permit of this chapter, by an officer, employee, consultant or agency of the
Borough, shall constitute a representation, guarantee or warranty of any kind
by the Borough, or its employees, officials, consultants or agencies, of the
practicality or safety of any structure, use or subdivision, and shall create
no liability upon, nor a cause of action against, such public body, official,
consultant or employee for any damage that may result pursuant thereto.
B.
If the Zoning Officer mistakenly issues a permit under
this chapter, the Borough shall not be liable for any later lawful withdrawal
of such permit for valid cause shown.
