Zoning Permits. Where required to meet the provisions of this chapter for the erection, enlargement, addition, placement, moving, or demolition of any structure, including patios, walkways, driveways and similar structures, a zoning permit must be obtained from the Zoning Officer. A zoning permit expires six months from the date of issuance unless the work specified in the application shall have been begun within that time.

Uses Certificates for New or Changed Uses of a Structure or Land. 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.

Any change in the use of a structure or land from that permitted by any variance of the Zoning Hearing Board. The applications 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 or until change of occupancy.

Use Certificate for an Existing Use. An owner may, in writing, request the Zoning Officer to issue a use certificate for any structure or land existing on January 1, 1964, or on the effective date of any amendment, and at that time in conformity with this chapter.

Temporary Permits; Application. A person may request a temporary special exception for a nonconforming structure or use which is or will be seasonal or is or will be in the public interest. (See § 27-504, Subsection 2.)

Appointment; Powers and Duties.

Forms. The Zoning Officer must provide a form or forms prepared by the Borough Solicitor for:

Transmittal of Papers. Upon receipt of an application for a special exception, variance, or a notice of appeal, the Zoning Officer must transmit to the Secretary of the Zoning Hearing Board and to the Borough Planning Commission copies of all papers constituting the record upon the special exception, variance, or appeal.

Stopping a Stay of Proceedings. Where the Zoning Officer believes that a stay of Borough proceedings in furtherance of an action appealed from will cause imminent peril of life and property, the Zoning Officer may issue a cease and desist order to be complied with in five days and certify this opinion to the Zoning Hearing Board, citing the reasons. (See § 27-709.)

Action on Zoning Permits. Within 10 days, except for holidays, after receipt of an application for a zoning permit, the Zoning Officer must grant or refuse the permit. If the application conforms to the applicable requirements of Chapter 5, "Code Enforcement." Zoning permits, and this chapter, the Zoning Officer must grant a permit. If the permit is not granted, he must state, in writing, the grounds his refusal.

Action on Use Certificates. Within 10 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.

Action on Certificates of Nonconformity. Upon request, the Zoning Officer may certify the nature and extent of a nonconformity existing on the effective date of this chapter or any amendment thereto.

Upon determining that a violation of any of the provisions of this chapter exists, the Zoning Officer may initiate civil enforcement proceedings. To initiate a civil enforcement proceeding, 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:

Records.

Reports. At intervals not greater than six months, the Zoning Officer must report to the Borough Council:

Parking, Loading, Access Drives. Wherever parking areas or other vehicular areas will abut a public street, the Borough Engineer must approve the device used to preclude traffic from entering at will or backing upon the public street. (See § 27-410, Subsection 5.) Where parking areas are for more than five vehicles, he must set forth specifications for the paving. (See § 27-410, Subsection 6.) For commercial and industrial uses and structures, the Engineer must approve all parking areas, loading areas and access drives. (For access drives opening onto a state highway, a state highway occupancy permit must also be secured from the Pennsylvania Department of Transportation).

Drainage upon Streets. The Borough Engineer must review site plans or other data showing grades for buildings and driveways to see whether the grades will give proper surface water drainage upon adjoining streets. (See § 27-414, Subsection 3.) Depending on this factor, he must approve or disapprove the grades.

Obstructions to Drainage. Where damming, filling, relocating, or otherwise interfering with the natural flow of a watercourse is proposed, the Borough Engineer must review plans for the obstruction and approve or disapprove them depending upon whether the obstruction would interfere with proper drainage of the area. (See § 27-414, Subsection 5.)

Zoning Hearing Board Cases. Where the exercise of the above powers and duties involves an application or appeal to the Zoning Hearing Board, the Borough Engineer shall make recommendations to the Board. The approving authority in such cases shall be the Zoning Hearing Board.

Special Exceptions. Within 30 days of receiving an application for a special exception, the Planning Commission must give a written record on it to the Zoning Hearing Board. The Commission is governed by the same standards as the Board in making its recommendations plus its special knowledge garnered from planning for the Borough.

Variance. Within 30 days of receiving an application for a variance from the Zoning Hearing Board, the Planning Commission must give a written report on it to the Board. The Commission is governed by the same standards as the Board in making its recommendation plus its special knowledge garnered from planning for the Borough.

Amendments. The Planning Commission may recommend to Borough Council amendments to any of the regulations or other provisions contained in this chapter. In the case of amendments submitted to Council by sources other than the Planning Commission, the Planning Commission must be given an opportunity to review every such proposed amendment and submit its recommendations to Council. For that purpose, Council shall submit every such proposed amendment to the Planning Commission sufficiently in advance of the date of Council's hearing on the proposed amendment, as to provide the Planning Commission with at least 30 days in which to review the proposed amendment and submit its recommendations.

Screens Where C and I Zones Abut R-T or R-O Zones. In reviewing plans for fences or hedges where a C or I Zone abuts a residential zone, the Planning Commission must accept or refuse plans, depending on their adequacy for this purpose. (See § 27-413, Subsection 1A.)

The Borough Council may from time to time amend, supplement or repeal any of the regulations and provisions of this chapter.

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 as deemed sufficient 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. In case of an amendment other than that prepared by the planning agency, Council shall submit every such amendment to the planning agency at least 30 days prior to the hearing on such proposed amendment to provide the planning agency an opportunity to submit recommendations. If, after any public hearing upon an amendment, the proposed amendment is changed substantially, or is revised, to include land not previously affected by it, the Borough Council shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment. At least 30 days prior to a public hearing on an amendment by Borough Council, the Borough shall submit the proposed amendment to County Planning Commission for recommendations. Within 30 days after enactment of an amendment, a copy of the amendment shall be forwarded by the Borough Council to the County Planning Commission.

Any person, partnership, or corporation who or which violates or permits the violation of any provision 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 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 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 magisterial district judge, 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.

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.