Receive all applications for zoning use and zoning occupancy permits and maintain records thereof. Forward to the Planning Commission all applications requiring site plan review in accordance with Article XVI of this chapter and all applications for signs.

Receive, file and forward to Borough Council all applications for conditional uses and maintain records thereof.

Issue zoning use and zoning occupancy permits for all applications that have been reviewed and approved according to the provisions of this chapter and other applicable ordinances.

Receive, review and issue permits for: applications for zoning use and zoning occupancy permits that do not require a site plan review or conditional use approval, and applications for fences, accessory uses (excluding signs) and temporary uses.

Receive, file and forward to the Zoning Hearing Board the records in all appeals and all applications for variances and changes of nonconforming uses and maintain records thereof.

Inspect buildings, structures and uses of land to determine compliance with the provisions of the chapter.

Issue enforcement notices for violation of any provision of this chapter 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 of the parcel. The enforcement notice shall be delivered personally or by certified mail. The enforcement notice shall state at least the following:

Initiate civil enforcement proceedings for failure to comply with enforcement notices unless the Borough Council, after receipt of the enforcement notice, directs to the contrary by motion or resolution.

Institute, with approval of or at direction of Borough Council, appropriate equitable enforcement action to prevent, restrain, abate or correct any violation of this chapter.

Revoke any order or zoning use or zoning occupancy permit issued under a mistake of fact or contrary to the provisions of this chapter.

The zoning officer may make and maintain accurate and current records of all legal nonconformities under this chapter.

No use of land shall be made or any building or structure constructed, altered, remodeled, sold, leased, occupied or used, nor any existing use of a building, structure of land be changed until a zoning use permit and a zoning occupancy permit have been issued by the Zoning Officer.

The improvements of land preliminary to any use of such land shall not be commenced prior to the issuance of the zoning use permit.

Any permit issued in conflict with the provisions of this chapter shall be null and void.

Whenever the proposed activity, whether new construction or alteration of an existing use, requires a building permit (under the Borough Building Code, Chapter 90), the applications for the zoning use permit and zoning occupancy permit shall be made prior to or simultaneously with the application for the building permit. However, the building permit shall not be issued until the zoning use permit has been granted.

When no building permit is required, the application for the zoning use permit and zoning occupancy permit may be made at any time prior to the use or occupancy of the structure or land.

Permit applications shall be submitted in writing on such forms or in such format as established by the Borough. The Zoning Officer may request any information necessary to determine the application's compliance with this chapter.

The zoning officer shall not issue the zoning use permit or zoning occupancy permit unless the property complies with this chapter, the Borough Building Code, the Borough Property Maintenance Code, the Borough Subdivision and Land Development Ordinance, and all other applicable Borough, county, state and federal laws, ordinances and regulations, and until all other required approvals and permits have been obtained from applicable Borough, county, state and federal agencies. The applicant shall submit copies of all such required approvals and permits to the zoning officer.

Where approvals are not required by other Borough agencies or governmental entities, the zoning officer shall review and approve or disapprove the application. However, the zoning officer may seek the advice and recommendations of the Planning Commission on any application.

An application for a zoning use permit does not permit occupancy. A zoning occupancy permit is also required. Under certain circumstances, application for any approval of a zoning use permit and zoning occupancy permit may be combined.

Upon completion of the applied-for work, the applicant shall notify the zoning officer, who shall examine the building, structure or use of land involved. If the zoning officer shall find that such construction, erection, structural alteration or use of building and land has been completed in accordance with the provisions of this chapter and other applicable ordinances, the zoning occupancy permit shall be issued.

As a precondition to the issuance of any zoning use permit or zoning occupancy permit, a landowner shall permit the zoning officer to inspect both the exterior and interior of the property, as deemed necessary by the zoning officer. Any failure or refusal to permit such inspection shall result in denial of any application for zoning use permit or zoning occupancy permit.

The Borough shall not issue a no-lien letter in connection with the sale of any property in the Borough unless and until either the proposed buyer or proposed seller has applied for and obtained a zoning occupancy permit in connection with the sale of the property.

A zoning use permit shall become null and void within six months of the date of issuance unless the construction, altering, remodeling of a building or structure is commenced or a use of land or building is commenced.

A nonresidential zoning occupancy permit shall be valid for a period of one year. The landowner shall be responsible for applying for a renewed permit prior to the expiration of an existing permit. The Zoning Officer shall be responsible for scheduling inspections related thereto.

The impact of the proposal upon roads, sewer facilities, water supplies, schools and other public service facilities.

If the proposal is for a residential use, the impact of the proposal upon regional housing needs and the effectiveness of the proposal in providing housing units of a type actually available to and affordable by classes of persons otherwise unlawfully excluded by the challenged provisions of this chapter or the Zoning Map.

The suitability of the lot's soils, slopes, woodlands, wetlands, floodplains, aquifers, natural resources and other natural features for the intensity of the proposed uses.

The impact of the proposed use on the lot's soils, slopes, woodlands, wetlands, floodplains, natural resources and natural features, the degree to which these are protected or destroyed, the tolerance of the resources to development and any adverse environmental impacts.

The impact of the proposal on the preservation of agriculture and other land uses which are essential to the public's health, safety and welfare.

Except where a different penalty is provided, 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 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 appeals the judgment in a timely manner, 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 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 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 for 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 fees collected for the violation of this chapter shall be paid over to the Borough.

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.

Enforcement notice. The requisite enforcement notice initiating a civil enforcement proceeding shall contain the following information, in addition to any other information required by the MPC: