Receive and examine all applications for zoning permits.

Review zoning permit applications for compliance with the provisions of this chapter, all other applicable ordinances and with all federal, state, county, and local laws and regulations which are relevant to the subject property.

Process zoning permit applications for all permitted uses and issue permits only where there is compliance with the provisions of this chapter, with other Borough ordinances, and with the laws and regulations of the county, commonwealth and federal governments.

Receive applications for conditional uses, curative amendments and zoning amendments, and forward them to Borough Council, the Westmoreland County Planning Commission, or other appropriate bodies.

Receive applications for variances and forward these applications to the Zoning Hearing Board for action thereon.

Following the refusal of a permit, to receive applications for interpretation, appeals, and variances and forward these applications to the Zoning Hearing Board for action thereon.

Conduct investigations to determine compliance or noncompliance with the terms of this chapter. The Code Enforcement Officer or his/her representative may enter any property within the Borough, provided that the property owner receives prior notification.

Enforce the provisions of this chapter by the issuance of enforcement notices or by other means. Such written orders shall be served personally or by registered mail upon the persons, firms, or corporations deemed by the Code Enforcement Officer to be violating the terms of this chapter.

Institute civil enforcement proceedings as a means of enforcement when acting with the approval or direction of Borough Council.

Maintain the Official Zoning Map[1] showing the current zoning classifications of all land in the Borough.

Keep a permanent record of all plans and applications for permits and all permits issued with notations as to special conditions attached thereto.

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

Enlist the assistance of other municipal agents and agencies in performing these responsibilities.

Present relevant facts, records, and similar information to the Borough Council, Westmoreland County Planning Department, or Borough Zoning Hearing Board upon request.

Requirement for a zoning permit. No use shall be established or changed, no structure shall be erected, constructed, reconstructed, altered, razed or removed, and no building used or occupied, or changed in use until a zoning permit has been secured from the Code Enforcement Officer. In addition, a zoning permit shall be required prior to any of the following:

Application requirements. All applications for zoning permits shall be made to the Code Enforcement Officer, in writing, on forms furnished by the Borough and shall include all information necessary to enable the Code Enforcement Officer to ascertain compliance with this chapter. Whenever the use involves a new building or structure or alterations to an existing building or structure, an application for a zoning permit shall be made prior to application for a building permit. When no construction is involved, application for a zoning permit and a certificate of occupancy, pursuant to the Pennsylvania Uniform Construction Code, as amended, may be made simultaneously at any time prior to the use or occupancy of the land, building, or structure.

Permit issuance. No zoning permit shall be issued until the Code Enforcement Officer has determined that the proposed use of land, the proposed tenant or occupant, or the existing or proposed building or structure complies with the provisions of the applicable zoning district and other provisions of this chapter. The issuance of a zoning permit does not permit construction or occupancy of a building or structure. A certificate of occupancy is also required pursuant to the Pennsylvania Uniform Construction Code, as amended. In case of refusal of the Code Enforcement Officer to issue a permit, the applicant shall be advised, in writing, of the reasons for denial and of his or her rights of appeal to the Zoning Hearing Board.

Application fees. All applicants shall pay to the Borough at the time of application a fee in the amount established in the Fee Schedule adopted by resolution of the Borough Council. In the event an application requires a request to Borough Council for consideration of a conditional use or to the Zoning Hearing Board for consideration of a variance or appeal of a decision of the Code Enforcement Officer, each applicant shall pay to the Borough the appropriate application fee in the amount established in the Fee Schedule.

The Code Enforcement Officer is hereby authorized and directed, in the name of the Borough, to enforce the provisions of this chapter and to institute civil enforcement proceedings as provided in this chapter when acting within the scope of his or her employment.

If it appears that a violation of this chapter has occurred, the Code Enforcement Officer shall initiate enforcement proceedings by sending an enforcement notice as provided herein. The enforcement notice shall be sent to the owner of record of the parcel on which the violation has occurred.

An enforcement notice shall state at least the following.

Any person, partnership or corporation who or which has violated any of the provisions of this chapter, upon being found liable therefor in a civil enforcement proceeding commenced by the Borough, shall pay a judgment of not more than $500, plus all court costs, plus 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 District Justice. 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 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 of the determination of a violation by the District Justice and thereafter each day that the violation continues shall constitute a separate violation.

The Court of Common Pleas, upon petition of the defendant, may grant an order of stay, upon cause shown, tolling the per diem judgment pending a final adjudication of the violation and judgment.

Nothing contained herein 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.

Borough Council may from time to time amend this chapter, including the Official Zoning Map.[1]

Proposals for amendment, supplement, change, or modification or repeal may be initiated by the Borough Council on its own motion, the Westmoreland County Planning Department, or by petition by one or more owners of property to be affected by the proposed amendment. Any proposed amendment favorably acted upon shall be specifically found to be in accordance with the spirit and intent of the Borough community development objectives.

Before voting on the enactment of any amendment, Borough Council shall hold a public hearing pursuant to public notice. Public notice shall be notice published once for two consecutive weeks in a newspaper of general circulation in the Borough. Such notice shall state the time and place of hearing, the particular nature of the matter to be considered at the hearing and the full text of the amendment or a brief summary setting forth the general provisions in reasonable detail. The first publication shall be published no more than 60 days and the second publication not less than seven days from the date of the hearing. Procedures relating to the publication, advertisement, and availability of proposed amendments shall be in accordance with Section 610 of the Pennsylvania Municipalities Planning Code, as amended.[1] If the proposed amendment involves a Zoning Map change, notice of the public hearing shall be conspicuously posted by the Borough at points 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. All notification requirements of the Pennsylvania Municipalities Planning Code[2] shall be met.

If, after any public hearing held upon an amendment, the proposed amendment is changed substantially or is revised to include land previously not affected by it, Borough Council shall hold another public hearing pursuant to public notice before proceeding to vote on the amendment. In the event substantial amendments are made in the proposed ordinance or amendment, before voting upon enactment, Borough Council shall at least 10 days prior to enactment readvertise, in one newspaper of general circulation in the Borough, a brief summary setting forth all the provisions in reasonable detail together with a summary of the amendments.

In case of an amendment other than one prepared by the Westmoreland County Planning Department, Borough Council shall submit each such amendment to the Westmoreland County Planning Department at least 30 days prior to the hearing in order to provide the Westmoreland County Planning Department an opportunity to submit recommendations. At least 30 days prior to the hearing on the proposed amendment, Borough Council shall submit the proposed amendment to the Westmoreland County Planning Department for recommendations.

Within 30 days after enactment, a copy of the adopted amendment to this chapter shall be forwarded to the Westmoreland County Planning Department.

A landowner who desires to challenge on substantive grounds the validity of a zoning ordinance or map or any provisions thereof, which prohibits or restricts the use or development of land in which he has an interest may submit a curative amendment to the Borough Council with a written request that his challenge and proposed amendment be heard and decided as provided in Sections 609.1 and 916.1 of the Municipalities Planning Code, as amended.[1] Borough Council shall commence a hearing thereon within 60 days of the request as provided in Section 609.1 of the Municipalities Planning Code, as amended. The curative amendment and challenge shall be referred to the Westmoreland County Planning Commission and notice of the hearing thereon shall be given as provided by the Municipalities Planning Code, as amended.

Procedures for the public hearing as set forth on Section 609.1 of the Municipalities Planning Code, as amended,[2] shall be followed.

If the Borough determines that this chapter or any portion thereof is substantially invalid, it shall follow the procedures as set forth in Section 609.2 of the Municipalities Planning Code, as amended.[3]

Every private application for amendment to this chapter shall first be presented to the Borough with the required filing fee as set forth by resolution of Borough Council, and shall set forth the following, where relevant:

All zoning amendments or changes shall be consistent with the adopted Borough community development objectives, in accordance with Section 603(J) of the Pennsylvania Municipalities Planning Code.[1] A change shall not be enacted unless the proposed change is consistent with or until the Borough community development objectives are amended in a manner that resolves the inconsistency.

In granting a conditional use, the Borough Council shall make findings of fact consistent with the provisions of this chapter. The Borough Council shall not approve a conditional use except in conformance with the conditions and standards outlined in this chapter. In granting a conditional use, Council may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter and the Pennsylvania Municipalities Planning Code.[1]

The Borough Council shall grant a conditional use only if it finds adequate evidence that any proposed use submitted will meet all of the following general requirements as well as any specific requirements and standards listed herein for the proposed use. The Borough Council shall, among other things, require that any proposed use and location be:

Borough Council at its sole discretion may require the submission of studies identifying the impact of the proposed development on traffic, parking, environmental conditions, stormwater, or aesthetics.

The application shall make a written request to the Borough Council that it hold a public hearing on the application.

The application shall be accompanied by plans and other materials necessary to address the general and specific requirements of this chapter. The minimum requirements shall include the following:

All applications for conditional use approvals shall be in writing on standard forms prescribed by the Borough Council and accompanied by, the fee established by resolution of the Borough Council.

The Borough Council shall hold a hearing upon the request, commencing no later than 60 days after the request is filed, unless the applicant requests or consents, in writing, to an extension of time.

The Borough Council shall conduct a public hearing and make decisions in accordance with the procedures set forth in this chapter and the Pennsylvania Municipalities Planning Code[1] for conditional uses.

The Council may impose whatever conditions regarding layout, circulation, design, parking and other zoning controls it deems necessary to ensure that a proposed development will secure the objectives of this chapter and protect the health, safety, and welfare of the Borough.

If the subject matter of the conditional use requires either a subdivision or land development, the conditional use shall expire if the applicant fails to file the required subdivision or land development plan within 365 days of the granting of the conditional use. The applicant shall have 180 days after the final plans of the subdivision or land development are approved and recorded to obtain a zoning permit; and

The Borough Council may grant one extension of time for a period not to exceed 365 days if the landowner or his agent requests such an extension, and if good cause for the extension is shown.

The Zoning Hearing Board shall consist of three residents of the Borough, appointed by resolution of the Borough Council. The terms of office shall be three years and shall be so fixed that the term of office of one member shall expire each year. At the adoption of this chapter, Zoning Hearing Board members shall continue in office pursuant to their current terms. Board members shall hold no other Borough office. Any member of the Board may be removed for cause by Borough Council upon written notice and charges after a public hearing. Vacancies shall be filled for unexpired terms in the same manner as those for original appointments.

The Borough Council may appoint, by resolution, from one to three residents to serve as alternate members of the Board for three-year terms. Alternates shall hold no other Borough office. Alternates may participate in any proceeding or discussion of the Board but shall not be entitled to vote or to be compensated unless designated by the chairperson to sit on the Board in order to provide a quorum. Designation of alternates to sit on the Board shall be made case by case in rotation according to declining seniority among all alternates.

Officers. The Board shall elect from its own membership a Chairperson and Vice Chairperson who shall serve annual terms as such and may succeed themselves. The Board may make, alter, and rescind rules and forms for its procedures consistent with the provisions of the Pennsylvania Municipalities Planning Code, as amended,[1] and this chapter.

Hearings. Public notice shall be given of all hearings consistent with the Municipal Planning Code. 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.

Records and decisions. The Board shall keep a record of its proceedings and official actions, which shall be filed in the Borough Hall and shall be a public record.

Involving the interpretation of any provisions of this chapter, including determination of the exact location of any district boundary if there is uncertainty; and

Where it is alleged there is error in any order, requirement, decision or determination in the enforcement of this chapter, including an order made by the Code Enforcement Officer requiring an alleged violation to stop, cease and desist.

That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional 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 chapter 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 chapter 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 a 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 or development of adjacent property, nor be detrimental to the public welfare; and

That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation at issue.

In granting any variance, the Board may attach reasonable conditions and safeguards, as it may deem necessary to implement the purposes of this chapter.

Any appeal from the ruling of the Code Enforcement Officer concerning the enforcement and interpretation of the provisions of this chapter shall be filed with the Zoning Hearing Board within 10 calendar days after the date of the Code Enforcement Officer's adverse decision.

All appeals and applications made to the Board shall be in writing on standard forms prescribed by the Zoning Hearing Board.

All appeals and applications shall refer to the specific provisions of this chapter involved.

Provide public notice published each week for two successive weeks in a newspaper of general circulation in the Borough. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing;

Give written notice to the applicant, the Code Enforcement Officer, persons whose properties adjoin or are across public roads from the property in question or are within 100 feet of the property in question, and to any person who has made timely request for same; and

Conspicuously post a written notice of said hearing on the affected tract of land at least one week prior to the hearing.

If the subject matter of the use constitutes either a subdivision or land development, the variance shall expire if the applicant fails to file the required subdivision or land development plan within 365 days of the granting of the variance. The applicant shall have 180 days after the final plans of the subdivision or land development are approved and recorded to obtain a Zoning Permit; and

The Zoning Hearing Board may grant one extension of time for a period not to exceed 365 days if the landowner or his agent requests such an extension, and if good cause for the extension is shown.