A. Permitted by Right Uses. If a use is listed as permitted by right by this chapter and meets the requirements of this chapter, the Zoning officer shall issue a permit in response to a complete application. See additional requirements for specific uses listed in
§ 27-402: Additional Requirements for Specific Principal Uses and
§ 27-403: Additional Requirements for Accessory Uses.
B. Special Exception Use or Application Requiring a Variance. A permit under this chapter for a use requiring a special exception or variance shall be issued by the Zoning Officer only upon the written order of the Zoning Hearing Board after a hearing.
C. Conditional Use. A permit under this chapter for a conditional use shall be issued by the Zoning Officer only upon the written order of the Borough Council, after the Planning Commission has been given an opportunity to review the application.
3. Applications.
A. Any request for a decision, interpretation or variance by the Zoning Hearing Board or for a permit under this chapter shall be made in writing on a form provided by the Borough. Such completed application, with any required fees, and with any required site plans or other required information, shall be submitted to a Borough employee responsible for processing such application. The applicant is responsible to ensure that a responsible Borough official notes the date of the official receipt on the application.
B. Unless waived by the Zoning Officer, five copies of a site plan shall be submitted if an application requires action by the Zoning Hearing Board, and two copies shall be submitted if action by the Board is not required. Such site plan shall be drawn to scale.
C. Any application to the Zoning Officer or Zoning Hearing Board shall include the following information, unless the Zoning Officer determines that a site plan or such information is unnecessary to determine compliance with this chapter:
(1) The location and dimensions of the lot.
(2) Locations, dimensions, heights and uses of existing and proposed structures, signs, parking and loading areas, and locations of existing and proposed uses of areas of land, with differentiation between existing and proposed features.
(3) Existing and proposed numbers of parking spaces.
(4) Name and address of the applicant, or appellant.
(5) Name and address of the owner of the affected property, and last known address of owner of record of abutting lots.
(6) A description of the existing and proposed use(s) of the property, including numbers of dwelling units, minimum square feet of proposed dwelling units and number and types of proposed business establishments, if any.
(7) Plans for any required buffer plantings (See
§ 27-803(4)).
(8) Such additional information that the Zoning Officer may determine is reasonably necessary to determine compliance with this chapter.
(9) All other applicable information listed on the official Borough application form.
(10) The Zoning Officer shall have the right and authority to require a sealed, surveyed drawing and/or a statement from a registered surveyor prior to or after zoning application approval.
D. Submittals to the Board. In addition to the information listed in subsection (3), above, an application requiring a site plan and action by the Zoning Hearing Board shall also include the following information, unless the Zoning Officer *determines that such information is unnecessary for determination of whether the proposal complies with this chapter:
(1) The present zoning district and major applicable lot requirements.
(2) A description of the proposed nonresidential operations and storage in sufficient detail to indicate potential nuisances and hazards regarding noise, large truck traffic, glare, odors, dust, fire or toxic or explosive hazards or other significant public health and safety hazards.
(3) If a principal nonresidential use is proposed within close proximity to dwellings, a description of hours of operation and proposed methods of storing garbage outdoors on site.
(4) A listing of any specific sections of this chapter being appealed, with the reasons for any appeal.
E. Other Laws. The Zoning Officer may suspend issuance of a permit under this chapter if he/she has reason to believe that the use may not comply with another Borough, state or federal law or regulation, until such time as the applicant proves compliance with such other law or regulation.
F. Ownership. No person other than a landowner or their specifically authorized agent or a tenant or lessee with written permission of the landowner shall submit a zoning application (see definition of "landowner" in Part 2).
G. Advisory Reviews. The Zoning Officer may submit a copy of any plan and application to any appropriate agencies and/or individuals (such as the Planning Commission, the Joint Conservation District or Borough Engineer) for review and comment.
4. Issuance of Permit.
A. At least two copies of any permit required under this chapter shall be made.
B. One copy of any such permit shall be retained in Borough files and one copy shall be retained by the applicant. A copy of any such permit shall be shown by the applicant to the Zoning Officer upon the Zoning officer's request. One copy of a submitted site plan should be returned to the applicant after approval/disapproval, with such action certified on the plan with the signature of the Zoning Officer.
C. The Zoning Officer should issue or deny a permit for a permitted by right use that meets the requirements of this chapter within a maximum of 30 days after a complete, duly filed application and fees are submitted.
5. Revocation of Permits.
The Zoning Officer shall revoke a permit or approval issued under the provisions of this chapter in case of:
A. Any false statement or misrepresentation of fact in the application or on the plans on which the permit or approval was based (The Pennsylvania Crimes Code, 18 Pa.C.S.A. § 101 et seq., provides for penalties for providing false information to a municipal employee in the carrying out of his/her duties).
B. Upon violation of any condition lawfully imposed upon a special exception or conditional use.
C. Any work being accomplished or land or structures being used in such a way that does not comply with this chapter or an approved site plan or approved permit application.
D. For any other just cause set forth in this chapter.
A. After the issuance of a permit and/or approval of a site plan under this chapter by the Borough, such approved application and/or site plan shall not be changed without the written consent of the Borough, as stated in subsection (7)(B), below.
B. Changes to a site plan approved by the Zoning Hearing Board as a special exception use or by the Borough Council as a conditional use shall require re-approval of the changes by such bodies if the Zoning Officer determines that such changes affect matters that were within the scope of approval of such Board. Such approval by the Zoning Hearing Board or the Council is not required for clearly minor technical adjustments or matters that are solely corrections of information that do not affect any of the significant features of the site plan or the intensity of the use, as determined by the Zoning Officer.
C. A copy of such adjustment or correction should be provided in writing to the Chairperson of the Planning Commission, the President of Borough Council or the Chairperson of the Zoning Hearing Board if the change concerns a plan approved by such bodies.
8. Certificate of Use and Occupancy (or "Occupancy Permit").
A. A certificate of use and occupancy shall be required by the Borough upon completion of work authorized by a permit or approval under this chapter. A new certificate of use and occupancy shall be required if the use of the property should change.
B. An application for such certificate shall be made on an official Borough form. If the designated Borough staff person(s) determines, to the best of his/her current knowledge, that such work conforms with this chapter and applicable Borough codes, approvals and permits, then he/she shall issue the certificate of use and occupancy.
C. A temporary certificate of use and occupancy may be issued for a maximum period of six months pending the completion of all or part of the premises; provided, that the designated Borough staff person(s) is satisfied that the applicant will utilize necessary safeguards to protect the public safety.
9. 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.
10. 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.
