Prospect Park City Zoning Code
ARTICLE XIV
Administration
§ 70-72 Duties of Code Enforcement Officer.
There shall be a Zoning Officer/Building Inspector who shall be appointed by the Borough Council and be responsible for the administration and enforcement of this chapter. The Zoning Officer/Building Inspector shall not hold any elected office in the Borough. The duties of the Zoning Officer/Building Inspector shall include, but not be limited to, the following:
A.
Enforce all provisions of this chapter and all amendments thereto.
B.
Receive, examine, record and file all applications and fees for building permits and issue building permits only for any use which conforms to this chapter.
C.
Refer applications for special exceptions and variances to the Zoning Hearing Board.
D.
Issue permits for construction of uses requiring a special exception or variance only upon order of the Zoning Hearing Board. Permits requiring approval by the Borough Council shall be issued only after receipt of an authorization from the Borough Council.
E.
Following refusal of a permit, to receive application for interpretation, appeals and variances and forward these applications to the Zoning Hearing Board for action thereon.
F.
Conduct inspections and surveys to determine compliance or noncompliance with the terms of this chapter.
G.
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/Building Inspector violating the terms of this chapter. It shall be lawful for any person to violate any such order lawfully issued by the Code Enforcement Officer, and any person violating such order shall be guilty of a violation of this chapter.
H.
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.
Maintain or cause to have maintained a map or maps showing the current zoning classification of all land in the Borough.
J.
Identify and register all nonconforming uses and nonconforming structures created as a result of the adoption of this chapter.
K.
Issue use and occupancy permits in accordance with the terms of this Article.
L.
Upon request of the Borough Council, the Planning Commission or the Zoning Hearing Board, present facts, records and any similar information to such body on specific requests to assist the Borough or boards in reaching their final decision or recommendation.
§ 70-73 Building permits.
§ 70-74 Application for building permit.
In addition to the requirements set forth in the Borough of Prospect Park Building Code,[1] the following shall apply: All applications for building permits shall be made, in writing, by the landowner or his authorized agent on forms furnished by the Borough and shall be accompanied by a plot plan drawn to scale, showing the exact size and location of any building or other structures existing on the lot in question and upon abutting land within 50 feet of the side and rear lot line of such lot and the lines within which the proposed building or other structure shall be erected or altered. In addition, there shall be included with the applications such other plans, documents and information as may be necessary to enable the Code Enforcement Officer to ascertain compliance with this chapter and all other pertinent ordinances, codes and regulations.
§ 70-75 Issuance of building permits.
In addition to the provisions set forth in the Borough of Prospect Park Building Code,[1] the following shall apply: No building permit shall be issued until the Building Inspector has certified that the proposed building, structure or alteration complies with the provisions of this chapter and other applicable codes, regulations and ordinances, including the highway entrance regulations of the Pennsylvania Department of Transportation and/or the Borough. A building permit, once issued, shall be posted on the property. Work shall commence within three days of issuance of a permit. No permit shall be valid for longer than one year. An extension can be applied for at the Borough office and shall be valid for one year. Upon completion of the 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 Building Inspector of such completion.
§ 70-76 Use and occupancy permit.
A.
A use and occupancy permit shall be required prior to any of the following:
(1)
Use and occupancy of any building or other structure hereafter erected or altered for which a building permit is required.
(2)
Change in use of any building or structure or any part thereof.
(3)
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.
(4)
Change in use or extension of a nonconforming use.
B.
It shall be unlawful for any person to use or occupy any building or other structure or land until a use and occupancy permit, if required, has been duly issued.
§ 70-77 Application for use and occupancy permit.
All applications for use and occupancy permits shall be made, in writing, by the landowner or his authorized agent on forms furnished by the Borough and shall include all information necessary to enable the Building Inspector to ascertain compliance with this chapter.
§ 70-78 Issuance of use and occupancy permit.
No use and occupancy permit shall be issued until the Building Inspector has certified that the proposed use complies with all the provisions of this chapter and all other ordinances, regulations and codes of the Borough of Prospect Park; provided, however, that a temporary use and occupancy permit may be issued by the Building Inspector for a period that he deems to be reasonable, but not to exceed six months, during alterations or partial occupancy of a building pending its completion, provided that such a temporary permit requires any needed conditions and safeguards which will protect the safety of the occupants and the public.
§ 70-79 Issuance or refusal of permits.
If the Building Inspector determines that an application is in compliance with the provisions of this chapter, it shall be his/her duty to issue the appropriate permit, and, if he/she determines that an application is not in compliance with the provisions of this chapter, it shall be his/her duty to refuse the permit, in which case, he/she shall instruct the applicant in the method of appeal or application to the Zoning Hearing Board or the Borough Council, whichever is applicable. No permit shall be issued to any applicant until any and all fees incurred which are payable to the Borough are paid in full.
§ 70-80 Fees.
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, special exceptions, variances, appeals, conditional uses, amendments and other matters pertaining to this chapter.
B.
The schedule of fees shall be posted in the Borough office and may be altered or amended only by the Borough Council.
C.
No action shall be taken on any application for any special exception, variance or appeal until all applications, charges and expenses have been paid in full.
§ 70-81 Notice of violation.
A.
When written notice of violation of any of the provisions of this chapter has been served by the Building Inspector on the owner, agent or occupant, contractor or builder, such violation shall be discontinued immediately. Such notice shall be served for violating:
B.
Such 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 been met, citing in each instance the applicable provisions of this chapter.
(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 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, constitutes a violation, with possible sanctions clearly described.
§ 70-82 Violations and penalties.
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 therefore in a civil enforcement proceeding, pay a judgment of not more than $500, plus all court costs, including reasonable attorney's fees incurred as a result of such violation. Such judgment shall be imposed, levied or payable on the date of the determination of a violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the municipality 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 has been 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 of the determination of a violation by the District Justice, and, thereafter, each day 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 of Prospect Park.
§ 70-83 Remedies.
A.
In case any building, sign or structure is erected, constructed, reconstructed, altered, repaired, converted or is 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.
B.
The Borough Council may, in its discretion, declare such violation to constitute a nuisance and may remove, correct, abate or enjoin the use of the same or any part thereof, and the cost of such removal, correction, abatement or enjoining may be assessed against the property upon which said violation has occurred, together with such other remedies as provided by law; and if said assessment is not paid, a municipal lien therefor may be filed against said premises or action of assumpsit may be brought therefor in accordance with law.
§ 70-84 Conditional use and special exceptions.
A.
In evaluating an application to the Borough Council for a conditional use or to the Zoning Hearing Board for a special exception, the respective Boards shall require the applicant to provide reports, maps, plans and other related papers to ensure that the proposal will:
(2)
Be consistent with the statement of purpose articulated for the district in which the use is proposed.
(3)
Be consistent with the Prospect Park Comprehensive Plan; in particular, the plans for land use, community facilities and utilities.
(4)
Conform to all requirements of the Subdivision Regulations and all other regulations and ordinances.
(5)
Not adversely affect the health, safety and general welfare of the surrounding area and the Borough.
(6)
Promote the harmonious and orderly development of the zoning district involved.
(7)
Be compatible with the character and type of development existing in the area which surrounds the site in terms of the size, scale, height and bulk of the proposed uses and the size, shape and placement of buildings and other structures.
(8)
Not detract from or cause harm to neighboring properties by creating a negative impact on the aesthetic character of the community.
(9)
Be compatible with the uses permitted in the surrounding area in terms of the density and/or intensity of land use.
(10)
Reflect effective site planning and design in terms of energy efficiency, environmental protection and aesthetic composition.
(11)
Be reflective of sound engineering and land development design and construction principles, practices and techniques.
(12)
Be consistent with the logical, efficient and cost-effective extension of public services and utilities and will not adversely affect the public services and utilities of surrounding properties of the Borough as a whole in terms of water, sewers, police and fire protection and schools.
(13)
Include proposals for the effective disposal of solid waste.
(14)
Provide safe and efficient access to roads and will not create traffic congestion, hazardous traffic conditions or excessive traffic volumes.
(15)
Be developed so as to limit the number of access points along a major public street and to develop frontage of buildings on access roads which are parallel or perpendicular to a major public street.
(16)
Provide any improvements needed to guarantee compatibility with adjoining roads.
(17)
Provide continuity of existing circulation systems, including roads, sidewalks, trails and other walkways.
(18)
Provide adequate off-street parking and loading which will be minimally visible from adjoining public streets.
(19)
Utilize effective stormwater management techniques and soil erosion and sedimentation control techniques which are in character with and complementary to the proposed site grading and landscaping.
(20)
Provide for adequate environmental controls and performance standards to minimize noise, vibration, glare, heat, odor, smoke dust, fumes, vapors, gases, air emissions, water emissions and outdoor storage.
(21)
Preserve woodlands and other trees existing at the site to the maximum extent possible.
(22)
Not be disruptive to existing topography, surface water resources and groundwater resources.
(23)
Include proposals for effective mitigation of potential adverse environmental impacts through a satisfactory environmental impact assessment report.
(24)
Provide landscaping to buffer and screen the use from surrounding properties, to complement buildings and other structures on the site and to enhance the overall character of the development.
(25)
Include proposed 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 roads, walks or trails, and in other places where the use of trees, shrubs and ground cover would be functional and appropriate.
(26)
Provide fencing, walls, berming, terraces, walkways and other site improvement features to complement the proposed landscaping.
(27)
Provide effective, subdued lighting using light posts and fixtures complementary to the proposed architecture and the character of the surrounding neighborhood.
(28)
Provide adequate signage which shall be crafted to be attractive and of the highest graphic quality in keeping with the character of surrounding properties.
B.
The Borough Council and the Zoning Hearing Board may attach such conditions and safeguards, in addition to those already required by this chapter, as they may deem necessary to implement the purposes of the Municipalities Planning Code[2] and this chapter and to protect the public welfare, which conditions and safeguards may relate to, but are not limited to, the design of buildings, roads and parking areas, landscaping and its maintenance as a sight or sound screen, lighting, noise, safety and the prevention of noxious, offensive or hazardous conditions.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
C.
Conditional uses or special exceptions relating to the Flood Hazard District or other districts shall also be evaluated in accordance with additional standards and criteria set forth in the provisions for the respective districts.
D.
Special exceptions shall be evaluated in accordance with the provisions of Article XV, Zoning Hearing Board.
E.
General procedures.
(2)
In the case of an application for conditional use, the Planning Commission shall perform a review and provide counsel to the Borough Council concerning the grant of approval or disapproval of the proposed use. Such review shall be conducted and a written report submitted to the Borough Council within 45 days of the date of the first Planning Commission meeting following the date the plan has been filed. The Planning Commission shall discuss the application in at least one of its regularly scheduled public meetings during the review period.
(3)
The Borough Council may, in the case of an application for conditional use, schedule a hearing for public review and comment. Such hearing shall commence during the ninety-day review period, unless mutually agreed otherwise with the applicant. Within 90 days of the date of the first Planning Commission meeting following the date the plan had been filed, the Borough Council, at a regularly scheduled meeting or a special meeting, shall take action to either approve or disapprove the use.
(4)
The Planning Commission and the Borough Council shall be responsible for providing notification to the applicant no less than 20 days prior to the occurrence of any hearing at which testimony will be heard and/or action taken upon approval or disapproval in order that he/she may present his/her case at such hearing. The Borough shall notify, not less than 10 days prior to such hearing, all abutting property owners and owners of property within 250 feet of the property in question.
(5)
Proof of proper notification shall be required as a precondition before any formal action is taken on the application.
(6)
Notification of the action taken by the Borough Council shall be made, in writing, to the applicant not later than 15 days following the decision. In the event of disapproval, it shall be accompanied by a statement of the reason therefor by specifying the defects found in the application and describe the requirements that have not been met and shall, in each case, cite the provisions of the statute or ordinance relied upon. In the event of disapproval, the applicant may file a new application for conditional use or subdivision and/or land development or another use of the subject property.
(7)
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/her application, and all provisions, conditional use(s) and permits granted to him/her shall be deemed automatically rescinded by the Borough Council.
(8)
The grant of approval by the Borough Council for a conditional use shall in no way release the applicant from his/her obligation to comply with the applicable provisions of this chapter, the subdivision regulations and any other applicable Borough, state and federal regulations.