The provisions of this Zoning Code and the applicable provisions of the Pennsylvania Municipalities Planning Code, which Code, as supplemented, is incorporated herein by reference, shall be administered and enforced by the Zoning Officer. No permit or certificate of any kind shall be issued by the Zoning Officer for any purpose except in compliance with the provisions of this Zoning Code and the terms and conditions of any permit, decision or authorization duly issued by Council, the Zoning Hearing Board, the Planning Commission or another authorized agency of the Borough.

(Ord. 774. Passed 8-23-76.)

   (a)   The Zoning Officer shall:

      (1)   Record and file for public record all applications for permits and accompanying documents;

      (2)   Inspect and register all nonconforming uses, buildings and lots and keep a file of such as a public record;

      (3)   Issue certificates of occupancy when a building has been completed in accordance with the provisions of Borough ordinances;

      (4)   Present to Council, the Zoning Hearing Board and other Borough agencies any requested information obtainable by him to assist them in reaching decisions; and

      (5)   Keep current the Zoning Map and any amendments to this Zoning Code.

(Ord. 774. Passed 8-23-76.)

   (b)   Until additional technical and clerical help is available to the Borough, the Borough Manager, in his or her capacity as acting Zoning Officer, is relieved of duties to inspect, register and maintain a file of nonconforming uses, as set forth in division (a) hereof.

   (c)   In cases where information is requested about specific property, as where a sale or lease is involved or the existence of nonconformity is claimed, the Borough Manager or other appropriate officer or consultant will make the necessary inspection and examine the applicant's proofs, if any, and as soon as possible thereafter, the Council will make its decision and afford a hearing to any party aggrieved by such decision.

   (d)   The owner, mortgagee or other party concerned shall, as a prerequisite to such action by Council, deposit such sum as may be necessary to indemnify and save harmless the Borough against costs or other loss incurred or to be incurred in ordering such investigation.

(Res. Unno. Passed 7-11-77.)

   A zoning permit is required prior to beginning any erection, construction, addition, alteration, modification, extension or conversion of any building or structure; prior to the use or change of use of a building, structure or land; and prior to any change, expansion or reconstruction of a nonconforming use. (See Section 1272.02(c), (d) and (e))

(Ord. 774. Passed 8-23-76.)

   A certificate of occupancy is required prior to the use or occupancy of any building constructed or altered after the effective date of this Zoning Code.

(Ord. 774. Passed 8-23-76.)

   Applications for zoning permits and certificates of occupancy required under the provisions of this Zoning Code shall be made on forms obtainable at the Borough Hall. Applications shall be sworn to and shall contain all information necessary to enable the Zoning Officer to ascertain whether the building, the land and the proposed use thereof conform to the provisions of this Zoning Code. Nothing in this Zoning Code shall excuse the owner or occupant from applying for and obtaining a building permit or other permit, a license or a certificate of occupancy required under the provisions of the Building and Housing Code or under the provisions of any other ordinance of the Borough.

(Ord. 774. Passed 8-23-76.)

   Any permit, certificate or other authorization issued by Council, the Zoning Officer, the Zoning Hearing Board or another agency of the Borough in connection with a matter regulated by this Zoning Code may be revoked at any time for cause. Where affirmative action is called for on the part of the recipient of such permit, certificate or other authorization, the permit, certificate or other authorization shall automatically expire and cease to have any validity unless such recipient commences work or such affirmative action within one year from the date of such authorization and proceeds to the completion thereof within a reasonable time.

(Ord. 774. Passed 8-23-76.)

   There is hereby established a Zoning Hearing Board with membership, organization, powers and duties as set forth in the Pennsylvania Municipalities Planning Code. A copy of such Code is available, upon request, at the Borough Hall.

(Ord. 774. Passed 8-23-76.)

   (a)   All notices, hearings, decisions and orders concerning applications to the Zoning Hearing Board shall be made or shall occur in conformity with the provisions of this Planning and Zoning Code and the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended. Time requirements shall be as specified in the Municipalities Planning Code.

   (b)   The applicant shall be responsible for notifying all abutting property owners of the application to the Zoning Hearing Board and the date of the public hearing at which the application will be heard. Proof of proper notification, on a form supplied to the Borough, shall be required as a precondition before any decision is made on the application. Such form must be turned into the Borough Administrative Office at least ten working days prior to the public hearing.

(Ord. 922. Passed 11-10-97.)

   Failure to secure a permit required by this Zoning Code or any other ordinance of the Borough or to obtain proper authorization from Council, the Zoning Hearing Board, the Planning Commission or another authorized agency in connection with a matter regulated by this Zoning Code, prior to beginning any construction, erection, addition, alteration, modification, extension or conversion of any building or structure, prior to any use or change of use of a building, structure or land, or prior to any change, expansion or reconstruction of a nonconforming use, shall constitute a violation of this Zoning Code.

(Ord. 774. Passed 8-23-76.)

   Council shall establish a schedule of fees and a collection procedure for zoning permits, certificates and authorizations required by this Zoning Code and by other applicable laws and for the fees and costs incurred by the Borough in administering such permits, certificates and authorizations. Such schedule shall be posted in the office of the Zoning Officer. All such fees and charges must be paid in full or secured by proper deposit before any permit is issued, notice published, hearing scheduled or other action taken hereunder.

(Ord. 774. Passed 8-23-76.)

   (a)   All notices, hearings, decisions and orders concerning conditional use applications shall be made or shall occur in conformity with the provisions of the Planning and Zoning Code and the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended. Time requirements shall be as specified in the Municipalities Planning Code.

   (b)   The Planning Commission shall perform a review and provide counsel to the Borough Council concerning the granting of approval or the disapproval of the proposed conditional use. A written report must be submitted to Council before final action is taken on the proposal.

   (c)   The Planning Commission and Council shall be responsible for providing notification to the applicant prior to any review of the application by the Planning Commission or any public hearing by Council at which testimony will be heard and/or action taken on the approval or disapproval so that the applicant may be present to present testimony.

   (d)   Subsequent to the receipt of a notice of review or public hearing, the applicant shall be responsible for notifying all abutting property owners of the conditional use application and the dates of the review or public hearing at which the application will be discussed. Proof of proper notification, on a form supplied by the Borough, shall be required as a precondition before any formal action may be taken on the application. Such form must be turned in to the Borough Administrative Office at least ten working days before the first scheduled meeting on the application.

   (e)   The Borough shall provide written notice of any review or public hearing at which the application will be discussed, to be conspicuously posted on the affected tract of land at least one week prior to the review or hearing.

   (f)   In the event of conditional use approval, should the applicant fail to obtain all the necessary final plan approvals and building or related permits within twelve months of notification or, having obtained the necessary approvals and permits, fails to commence work thereunder within six additional months, it shall be conclusively presumed that the applicant has waived, withdrawn or abandoned the application, and all provisions, conditional uses and permits granted shall be deemed automatically rescinded by Council. If Council finds that a good reason exists for the failure to comply with the time periods specified herein, an extension may be granted.

   (g)   A grant of approval by Council for a conditional use shall in no way release the applicant from the obligation to comply with applicable provisions of this Planning and Zoning Code or any other applicable Borough, State and Federal regulations.

   (h)   Council may establish a reasonable fee for a conditional use application, to be included in the schedule of charges and fees passed annually by resolution of Council.

(Ord. 922. Passed 11-10-97.)

   If any building or structure is constructed or altered or if any land is used in violation of this Zoning Code, in addition to other remedies provided by law, the Borough may take appropriate action to prevent the occupancy of such building or structure or to prevent the use of such land.

(Ord. 774. Passed 8-23-76.)

   Processing and notification requirements shall be as follows:

   (a)   All notices, hearings, decisions and orders concerning applications requesting either: a change to the zoning of one or more land parcels resulting in a change in the official Zoning Map, or a curative amendment to the Zoning Code shall be made or shall occur in conformance with the provisions of the Planning and Zoning Code and the Pennsylvania Municipalities Planning Code, Act 247, as amended. Applications must be submitted according to the schedule specified by resolution of Borough Council. Time requirements for review shall be as specified in the Municipalities Planning Code, Act 247, as amended.

   (b)   The request for change in zoning or curative amendment will be granted or denied by Borough Council subject to public notice and hearing and subject to the provisions of the Municipalities Planning Code.

   (c)   The Planning Commission shall perform a review and provide counsel to the Borough Council concerning the granting of approval or disapproval of the proposed change in zoning or curative amendment. A written report must be submitted to Borough Council before final action is taken on the proposal.

   (d)   The Planning Commission and Borough Council shall be responsible for providing notification to the applicant prior to any review of the application by the Planning Commission or any public hearing by Borough Council at which testimony will be heard and/or action taken on approval or disapproval so that the applicant may be present to present testimony.

   (e)   Subsequent to the receipt of notice of review or public hearing, the applicant shall be responsible for notifying all abutting property owners and, if applicable, owners of property proposed to be rezoned, of the proposed change in zoning or curative amendment and the dates of the review or public hearing at which the application will be discussed. Proof of proper notification, on a form supplied by the Borough, shall be required as precondition before any formal action on the application. Such form must be turned in to the Borough Administrative Office at least ten working days before the first scheduled meeting on the application.

   (f)   The Borough shall provide written notice of any review or public hearing at which the application will be discussed to be conspicuously posted on the affected tract of land at least one week prior to the review or hearing.

   (g)   Borough Council may establish a reasonable fee for any application for a change or curative amendment to the Zoning Code, to be included in the schedule of charges and fees passed annually by resolution of Borough Council.

(Ord. 959. Passed 3-12-01.)

   (a)   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 chapter, the Borough, or the Zoning Officer in the name of the Borough, 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. In addition to other remedies, the Borough may exercise any and all of the enforcement remedies set forth and pursuant to the requirements of the Pennsylvania Municipalities Planning Code, as amended, Section 617, which are incorporated herein by reference and made part hereof. See 53 P.S. § 10617.

   (b)   Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this chapter or prior enabling laws shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Borough, pay a judgment of not more than five hundred dollars ($500) plus all court costs, including reasonable attorney fees incurred by a municipality as a result thereof. Each day that a violation continues shall constitute a separate violation.

(Ord. 5-2023. Passed 9-11-23.)