General Procedure for Permits.
1. See provisions regarding applications in
§ 27-107(3). After receiving a proper and complete application for a permitted by right use, the Zoning Officer shall either: (A) issue the permit under this chapter; or, (B) refuse the permit, indicating at least one applicable reason verbally or in writing to the applicant or his/her representative. If specifically requested in writing by an applicant, reason(s) for a refusal shall then be stated in writing.
2. Reviews.
Certain activities require review and/or approval of the Zoning Hearing Board and/or of the Borough Council, and/or the recommendations of the Planning Commission. In such case, the Zoning Officer shall not issue a zoning permit until such required review or approval occurs.
3. Appeal.
If refused a permit by the Zoning officer, the applicant may appeal to the Zoning Hearing Board for further consideration.
4. Timing.
After a zoning permit has been received by the applicant, the applicant may undertake the action permitted by the permit under this chapter, within other Borough ordinances. However, it is recommended that applicants wait 30 days to begin construction if there is a possibility of an appeal by another party to have the permit revoked. Any commencement of construction or a use within this thirty-day appeal period shall be at the risk of the applicant. See occupancy permit process in
§ 27-107(8).
5. Time Limits on Permits and Variances.
The following time limits shall apply to a zoning permit or the zoning portion of a building permit, but shall not limit the time limits for a permit under the Borough Building Code:
A. After a variance is approved or a conditional or special exception approval is officially authorized under this chapter, then a zoning permit shall be secured by the applicant within 12 months after the date of such approval or authorization. Such action under such permit shall then substantially begin within 12 months of the issuance of the permit.
B. If the applicant submits complete plans for a required site plan review or subdivision or land development approval or special exception or conditional use approval that is related to the variance or issuance of a permit under this chapter within the above time limits, then such time limits shall begin after such plan review is completed or such plan approval is granted.
C. For good cause the Zoning Officer may, upon application in writing stating the reasons therefore, extend in writing the twelve-month application period to up to 18 months.
D. If an applicant fails to obtain the necessary permits within the above time period, or, after obtained, the permittee fails to diligently commence substantial construction within 12 months or allows interruptions in substantial construction of longer than six months, it shall be conclusively presumed that the applicant has waived, withdrawn or abandoned the approval, and all such approvals, variances and permits shall be deemed automatically rescinded.
E. Any building construction shall be completed within 30 months of issuance of an applicable permit, unless a written extension is granted by the Zoning Officer for good cause, or unless a more restrictive requirement is established by the Borough Building Code [
Chapter 5: Code Enforcement]. Otherwise, a permit shall be considered to have automatically expired at the end of such thirty-month period.
6. Liability.
A. Neither the approval nor the granting of any review, issuance of permit or approval related to construction, activity within the floodplain, site plan review, subdivision or land development approval, erosion control, stormwater runoff, activity on steep slopes or any other review or permit of this chapter, by an officer, employee, consultant or agency of the Borough shall constitute a representation, guarantee or warranty of any kind by the Borough, or its employees, officials, consultants or agencies, of the practicality or safety of any structure, use or subdivision, and shall create no liability upon, nor a cause of action against such public body, official, consultant nor employee for any damage that may result pursuant thereto.
B. If the Zoning Officer mistakenly issues a permit under this chapter, the Borough shall not be liable for any later lawful withdrawal of such permit for valid cause shown.
