Requirement of Permits. A Zoning Permit shall be required prior to the erection, addition, or alteration of any building or structure, including signs, or portion thereof; prior to the use or change of use of a building or land; prior to the change or extension of a nonconforming use or sign. It shall be unlawful for any person to commence work for the erection or alteration of any building, structure, or sign, or for a change in land use, until a Zoning Permit has been duly issued therefor. No such Zoning Permit shall be required in case of normal maintenance activities, minor repairs, and alterations which do not structurally change a building, structure, or sign.

Application for Zoning Permits. All applications for Zoning Permits shall be accompanied by plans, drawn to scale, showing the actual shape and dimensions of the lot to be built upon, the exact size and location of any buildings existing on the lot, the lines within which the proposed building or structure shall be erected or altered, the existence and intended use of each building or part of a building, the number of dwelling units the building is designed to accommodate, the location, height, and size of any proposed signs, and such information as may be necessary to determine compliance with this Ordinance and all other ordinances. A copy of such plans shall be returned to the applicant when such plans have been reviewed and acted upon by the Zoning Officer. All applications with accompanying plans and documents shall become public record after a Zoning Permit is issued or denied.

Issuance of Zoning Permits.

The Borough Council shall establish a schedule of fees, charges, and expenses, as well as a collection procedure, for Zoning Permits, certificates of occupancy, appeals, variances, special exceptions, conditional uses, amendments, bonds, and other matters pertaining to this Ordinance. The schedule of fees shall be posted in the office of the Zoning Officer, and may be amended only by the Borough Council.

Such fees shall be payable to the Borough, and until all applicable fees, charges, and expenses have been paid in full, the application shall be considered incomplete and no action shall be taken on the applications.

Beginning of Construction: A record shall be made indicating the time and date of inspection and the finding of the Zoning Officer in regard to conformance of the construction with plans submitted with the approved Zoning Permit application. If the actual construction does not conform to the application, a written notice of violation shall be issued by the Zoning Officer, and such violation shall be discontinued. Upon proper correction of the violation and receipt of written notice from the Zoning Officer, construction shall proceed.

Completion of Construction: A record shall be made indicating the time and date of the inspection and the findings of the Zoning Officer in regard to conformance to this Ordinance and the opinion of the Zoning Officer in regard to the issuance of a certificate of occupancy.

A Certificate of Occupancy shall be a statement issued by the Zoning Officer setting forth that a building, structure, parcel, or use of land complies with the provisions of this Ordinance and other applicable ordinances of the Borough of Fairfield.

No vacant land shall be occupied or used, and no structure or part of a structure hereafter erected, substantially altered or changed in use, shall be occupied or used until a Certificate of Occupancy shall have been issued by the Zoning Officer.

A Certificate of Occupancy of vacant land or for a change in the use of land, or for a change in the use of an existing building, either for whole or part of a new building or for the alteration of an existing building, shall be applied for coincident with the application for a Zoning Permit, and shall be issued or denied within fifteen (15) days after a final inspection by the Zoning Officer.

A Certificate of Occupancy for changing or extending a nonconforming use, existing at the time of the passage of this Ordinance or of an amendment thereto, shall be applied for and issued before any such nonconforming use shall be changed or extended. Such Certificate of Occupancy shall be issued within fifteen (15) days after a final inspection and approval by the Zoning Officer.

A Certificate of Nonconformance shall be issued by the Zoning Officer to the owner of any property which, at the time of the effective date of this Ordinance, is identified as containing a nonconforming use or structure. The owner's property and the issuance date of such Certificate of Nonconformance shall be registered in the records of the Borough as follows.

Where provided for in this Ordinance, the Zoning Hearing Board shall hear and decide requests for Special Exceptions in accordance with stated standards and criteria. In granting a Special Exception, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in this Ordinance, as it may deem necessary to implement the purposes of this Ordinance. The Board may grant approval of a Special Exception provided that the applicant complies with the following standards for Special Exceptions and that the proposed Special Exception shall not be detrimental to the health, safety, or welfare of the neighborhood.

In addition to any other submission requirements as may be required by this Ordinance, the applicant shall submit a site plan, containing the following information, as part of the application for a Special Exception use for the Zoning Hearing Board to review. The site plan shall contain sufficient information, studies, and other data to demonstrate compliance with all applicable regulations.

Unless otherwise specified by the Board or by law, a Special Exception shall expire if the applicant fails to obtain a Zoning Permit within one (1) year from the date of authorization thereof by the Board or by the court, if such Special Exception has been granted after an appeal, or fails to complete any erection, construction, reconstruction, alteration or change in use authorized by the Special Exception within two (2) years from the date of authorization thereof by the Board or by the court, if such Special Exception has been granted after an appeal. The Board may, for reasonable cause, extend the approval for an additional period of up to one (1) year upon the written request of the applicant.

Where provided for in this Ordinance, the Borough Council shall hold hearings on and decide requests for Conditional Uses in accordance with stated standards and criteria. In granting a Conditional Use, the Borough Council may attach such reasonable conditions and safeguards, in addition to those expressed in this Ordinance, as it may deem necessary to implement the purposes of this Ordinance.

The Borough Council shall render a written decision or, when no decision is called for, make written findings on the Conditional Use application within forty-five (45) days after the last hearing before the Borough 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 on any provisions of this Ordinance 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.

Where the Borough Council fails to render a decision within the period required by this Section, or fails to hold the required public hearing within sixty (60) days from the date of the applicant's request for a hearing, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the Borough Council to meet or render a decision as hereinabove provided, the Borough Council shall give public notice of the decision within ten (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 Ordinance. If the Borough 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. A copy of the final decision or, where no decision is called for, of the findings shall be delivered to the applicant personally or mailed to him no later than the day following its date.

An appeal, or an application for an amendment, Special Exception, Conditional Use, or Variance from the terms of this Ordinance shall be filed with the Zoning Officer, and shall contain, in addition to any other submission requirements as may be required by this Ordinance, the following information.

Enforcement Notice.

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 this Ordinance, the Borough Council or, with the approval of the Borough Council, an officer of the Borough, or any aggrieved owner or tenant or real property who shows that his or 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, landscaping of land, or to prevent, in or about such premises, any act, conduct, business, or use constitution a violation. Such action is instituted by a landowner or Borough at least thirty (30) days prior to the time the action is begun by serving a copy of the complaint to the Borough Council.

Enforcement Remedies.

The Zoning Hearing Board shall elect from its own membership its officers, who shall serve annual terms as such and may succeed themselves. For the conduct of any hearing and the taking of any action, a quorum shall be not less than a majority of all the members of the board, but the board may appoint a hearing officer from its own membership to conduct any hearing on its behalf and the parties may waive further action by the board as provided in § 908 of Act 247 of 1968, as amended, 53 P.S. § 10908.

If, by reason of absence or disqualification of a member, a quorum is not reached, the chairperson of the Board shall designate as many alternate members of the Board to sit on the Board as may be needed to provide a quorum. Any alternate member of the Board shall continue to serve on the board in all proceedings involving the matter or case for which the alternate was initially appointed until the Board has made a final determination of the matter or case. Designation of an alternate pursuant to this Section shall be made on a case-by-case basis in rotation according to declining seniority among all alternates.

The Board may make, alter, and rescind rules and forms for its procedure, consistent with ordinances of the municipality and laws of the Commonwealth. The Board shall keep full public records of its business, which records shall be the property of the Board, and shall submit a report of its activities to the Borough Council as requested by the Borough Council.

The Zoning Hearing Board shall conduct hearings and make decisions in accordance with the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended, 53 P.S. § 10101 et seq. Notice shall be given to the public, the applicant, the landowner, the Zoning Officer, such other persons as the Zoning Hearing Board shall designate, and any person who has made timely request from the same. Notices shall be given at such time and in such manner prescribed by adopted rules of the Zoning Hearing Board. In addition to the written notice provided herein, written notice of said hearing shall be conspicuously posted on the affected tract of land at least one (1) week prior to the hearing.

The Borough Council may establish reasonable fees for the holding of such hearings. Fees may include compensation for the secretary and members of the Zoning Hearing Board, notice and advertising costs, and necessary administrative overhead connected with the hearing. The costs shall not include legal expenses of the Zoning Hearing Board, expenses for engineering, architectural or other technical consultants, or expert witness costs.

The first hearing before the Board or hearing officer shall be commenced within sixty (60) days from the date of receipt of the applicant's application, unless the applicant has agreed in writing to an extension of time. Each subsequent hearing before the Board or hearing officer shall be held within forty-five (45) days of the prior hearing, unless otherwise agreed to by the applicant in writing or on the record. An applicant shall complete the presentation of his case-in-chief within one hundred (100) days of the first hearing. Upon the request of the applicant, the Board or hearing officer shall assure that the applicant receives at least seven (7) hours of hearings within the one hundred (100) days, including the first hearing. Persons opposed to the application may, upon the written consent or consent on the record by the applicant and the municipality, be granted additional hearings to complete their opposition to the application provided the applicant is granted an equal number of hearings for rebuttal.

The hearing shall be conducted by the Board or the Board may appoint any member as a hearing officer. The decision or, where no decision is called for, the findings shall be made by the Board. However, the appellant or the applicant, as the case may be, in addition to the municipality, may, prior to the decision of the hearing officer, waive decision or findings by the Board and accept the decision or findings of the hearing officer as final.

The parties to the hearing shall be the Borough, any person affected by the application who has made timely appearance of record before the Board, and any other person including civic or community organizations permitted to appear by the Board. The Board shall have the power to require that all persons who wish to be considered parties enter appearances in writing on forms provided by the Board for that purpose.

The chairperson or acting chairperson of the Board or the hearing officer presiding shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by the parties.

The parties shall have the right to be represented by counsel, shall be afforded the opportunity to respond and present evidence and argument, and to cross-examine adverse witnesses on all relevant issues.

Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence maybe excluded.

The Board or the hearing officer shall not communicate, directly or indirectly, with any party or his representatives in connection with any issue involved except upon notice and opportunity for all parties to participate, shall not take notice of any communication, reports, staff memoranda, or other materials, except advice from their solicitor, unless the parties are afforded an opportunity to contest the material so noticed, and shall not inspect the site or its surroundings after the commencement of hearings with any party or his representative unless all parties are given an opportunity to be present.

The Board or the hearing officer, as the case may be, shall keep a stenographic record of the proceedings. The appearance fee for a stenographer shall be shared equally by the applicant and the Board. The cost of the original transcript shall be paid by the Board if the transcript is ordered by the Board or hearing officer or shall be paid by the person appealing from the decision of the Board 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 Board or the hearing officer, as the case may be, shall render a written decision or, when no decision is called for, make written findings on the application within forty-five (45) days after the last hearing before the Board or hearing officer. Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon together with the reasons therefor. Conclusions based on any provisions of this act or of any ordinance, 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. If the hearing is conducted by a hearing officer, and there has been no stipulation that his or her decision or findings are final, the Board shall make the hearing officer's report and recommendations available to the parties within forty-five (45) days and the parties shall be entitled to make written representations thereon to the Board prior to final decision or entry of findings, and the Board's decision shall be entered no later than thirty (30) days after the report of the hearing officer. Where the Board fails to render the decision within the period required by this Section, or fails to hold the required hearing within sixty (60) days from the date of the applicant's request for a hearing, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the Board to meet or render a decision as herein above provided, the Board shall give public notice of said decision within ten (10) days from the last day it could have met to render a decision in the same manner as provided in this Section. Nothing in this Subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.

A copy of the final decision or, where no decision is called for, of the findings shall be delivered to the applicant personally or mailed to him or her not later than the day following its date. To all other persons who have filed their name and address with the Board not later than the last day of the hearing, the Board shall provide by mail or otherwise, brief notice of the decision or findings and a statement of the place at which the full decision or findings may be examined.

Substantive challenges to the validity of the Zoning Ordinance, except those brought before the governing body pursuant to §§ 609.1 and 916.1(a)(2) of the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended, 53 P.S. §§ 10609.1, 10916.1(a)(2).

Appeals from the determination of the Zoning Officer including, but not limited to, the granting or denial of any Zoning Permit, or failure to act of the application therefor, the issuance of any cease and desist order or the registration or refusal to register any nonconforming use, structure, or lot.

Appeals from a determination by a municipal engineer or the Zoning Officer with reference to the administration of any floodplain or flood hazard or such provisions within a land use ordinance.

Applications for Variances from the terms of this Ordinance pursuant to § 910.1 of the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended, 53 P.S. § 10910.1.

Applications for Special Exceptions under this Ordinance pursuant to § 912.1 of the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended, 53 P.S. § 10912.1.

Appeals from the determination of any officer or agency charged with the administration of any performance density provisions of this Ordinance.

Appeals from the Zoning Officer's determination pursuant to § 916.2 of the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended, 53 P.S. § 10916.2.

Appeals from the determination of the Zoning Officer or Borough Engineer in the administration of any land use ordinance or provision thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relate to development not involving applications under Articles V and VII of the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended, 53 P.S. §§ 10501, 10701 et seq.

That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptionally 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 Ordinance in the neighborhood or district in which the property is located.

That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of this Ordinance and that the authorization of a Variance is therefore necessary to enable the reasonable use of the property.

That such unnecessary hardship has not been created by the applicant.

That 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 of development of adjacent property, nor be detrimental to the public welfare.

That 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. In granting any Variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended, 53 P.S. § 10101 et seq., and this Ordinance.

The Zoning Hearing Board's decision to approve a Special Exception shall be made only after public notice and public hearing. Such approval shall apply specifically to the application and plans submitted and presented at said public hearing. Any subsequent amendments or additions shall be subject to review and public hearing by the Zoning Hearing Board as a Special Exception.

No approval by the Zoning Hearing Board for any Special Exception use may be granted until said Board has received and considered advisory reports thereon received from the Planning Commission with respect to the location of such use in relation to the needs and growth pattern of the Borough of Fairfield, and wherever appropriate, with reference to the adequacy of the site area and the arrangement of buildings, driveways, parking areas, off-street loading and unloading spaces, and other pertinent features of the proposal.

Said Planning Commission shall have thirty (30) days from the date of its receipt of the application within which to file its report thereon. In the event that the Planning Commission shall fail to file its report within thirty (30) days, such application shall be deemed to have been recommended for approval by the Planning Commission. The Planning Commission may have representation at the public hearing held by the Zoning Hearing Board on such application. After receipt of the Planning Commission's report, the Zoning Hearing Board shall hear the application in the same manner and under the same procedure as it is empowered by law and ordinance to hear cases and make exceptions to the provisions of this Ordinance. The Zoning Hearing Board may thereafter direct the Zoning Officer to issue a Zoning Permit if, in its judgment, the request will not be detrimental to the health, safety, and general welfare of the Borough of Fairfield.

A Special Exception use approved by the Zoning Hearing Board pursuant to the provisions of this Section shall be construed to be a conforming use.

The Borough Council shall render a written decision or, when no decision is called for, make written findings on the Conditional Use application within forty-five (45) days after the last hearing before the Borough 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 on any provisions of this Ordinance or of any ordinance, rule, or regulation shall contain a reference to the provisions relied upon and the reasons why the conclusion is deemed appropriate in the light of the facts found.

The first hearing before the Borough Council or hearing officer shall be commenced within sixty (60) days from the date of receipt of the applicant's application, unless the applicant has agreed in writing to an extension of time. Each subsequent hearing before the Borough Council or hearing officer shall be held within forty-five (45) days of the prior hearing, unless otherwise agreed to by the applicant in writing or on the record. An applicant shall complete the presentation of his case-in-chief within one hundred (100) days of the first hearing. Upon the request of the applicant, the Borough Council or hearing officer shall assure that the applicant receives at least seven (7) hours of hearings within the one hundred (100) days, including the first hearing. Persons opposed to the application may, upon the written consent or consent on the record by the applicant and the municipality, be granted additional hearings to complete their opposition to the application provided the applicant is granted an equal number of hearings for rebuttal.

Where the Borough Council fails to render the decision within the period required by Subsection A above, or fails to commence, conduct, or complete the required hearing as provided in Subsection B above, within sixty (60) days from the date of the applicant's request for a hearing or fails to complete the hearing in no later than one hundred (100) days after the completion of the applicant's case-in-chief, unless extended for good cause upon application to the court of common pleas, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the Borough Council to meet or render a decision as hereinabove provided, the Borough Council shall give public notice of the decision within ten (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 Ordinance. If the Borough Council does not provide such notice, the applicant may do so.

No approval by the Borough Council for any Conditional Use may be granted until the Borough Council has received and considered advisory reports thereon received from the Planning Commission with respect to the location of such use in relation to the needs and growth pattern of the Borough of Fairfield, and wherever appropriate, with reference to the adequacy of the site area and the arrangement of buildings, driveways, parking areas, off-street loading and unloading areas, and other pertinent features of the proposal.

The Planning Commission shall have thirty (30) days from the date of its receipt of the application within which to file its report thereon. In the event that the Planning Commission shall fail to file its report within thirty (30) days, such application shall be deemed to have been recommended for approval by the Planning Commission. The Planning Commission may have representation at the public hearing held by the Borough Council on such application. After receipt of the Planning Commission's report, the Borough Council shall hear the application in the same manner and under the same procedure as it is empowered by law and ordinance to hear cases and make exceptions to the provisions of this Ordinance. The Borough Council may thereafter direct the Zoning Officer to issue a Zoning Permit if, in its judgment, the request will not be detrimental to the health, safety, and general welfare of the Borough of Fairfield.

A Conditional Use approved by the Borough Council pursuant to the provisions of this Section shall be construed to be a conforming use.

No person shall be allowed to file any proceeding with the Board later than thirty (30) days after an application for development, preliminary or final, has been approved by the Borough if such proceeding is designed to secure reversal or limit the approval in any manner unless such person alleges and proves that he or she failed to receive adequate notice of such approval. If such person has succeeded to his or her interest after such approval, adequate notice to his or her predecessor in interest shall be deemed adequate notice to him or her. The failure of anyone other than the landowner to appeal from an adverse decision on a tentative plan or from an adverse decision by the Zoning Officer on a challenge to the validity of this Ordinance or an amendment thereto shall preclude an appeal from a final approval except in the case where the final submission substantially deviates from the approved tentative approval.

All appeals from determinations adverse to the landowner shall be filed by the landowner within thirty (30) days after notice of the determination is issued.