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ADMINISTRATION AND ENFORCEMENT
(A) Compliance required. No structure shall be erected, added to or otherwise have any structural alterations made to it until zoning approval has been issued by the borough. No zoning approval shall be issued for any structure where said construction, addition, structural alteration or use thereof would be in violation of any of the provisions of this chapter, except after such written order from the Board or the Council as this chapter may require. No zoning approval for structural alteration and erection of structures shall be issued until prior approvals and requirements of this chapter and the subdivision and land development ordinance, have been complied with, including, but not limited to, conditional use, use by special exception, Planned residential development and recording of the final plat of a subdivision or land development. Any zoning approval issued in conflict with the provisions of this chapter shall be null and void.
(B) Application content. All applications for development for zoning approval for structural alteration or erection or structures shall be in the form set forth in this chapter; subdivision and land development ordinance if applicable; and in the Building Code. The application for development for zoning approval for structural alteration or erection of structures shall include the following:
(1) Two copies of application form, provided by the borough and completed by the applicant;
(2) For authorized uses by right that are not land developments: two copies of site plan of the site clearly and legible drawn at a scale of one inch being equal to not more than 50 feet, or less, showing the following:
(a) Name of applicant and landowner;
(b) Name of development, if any;
(c) Evidence of preparation by an architect, landscape architect, engineer or surveyor;
(d) Graphic and written scale;
(e) North arrow;
(f) Dates of preparation and revisions of site plan;
(g) A site location map;
(h) Property lines for the entire lot or site and adjacent parcels, and lot width;
(i) Site or lot area and net site or net lot area, lot coverage, impervious surfaces and percentage of impervious surfaces;
(j) Location and dimensions of existing and proposed public and private streets, driveways, sidewalks and other pedestrian ways, and other impervious surfaces on the lot or site and within 100 feet of the perimeter of the lot or site;
(k) Existing and proposed structures with proposed density and approximate height of structures indicated for each proposed type of structure and use, existing and proposed gross floor area and building area;
(l) Proposed location and dimensions of all yards and open spaces;
(m) Topography, showing existing and proposed contours at vertical intervals of two feet if the general slope is less than 10% and at intervals of five feet if the general slope is 10% or greater and indications of compliance with steep slope limitations set forth in § 155.051;
(n) General proposals for the disposition of stormwater runoff;
(o) Proposals for the disposition of sanitary wastes and the provision of water supplies;
(p) Delineation of any portion of the lot or site in mature woodlands or other woodlands showing delineation and percentage of each that will remain uncut and undisturbed during construction or development;
(q) Delineation of any portion of the lot or site in identified floodplain areas or wetlands; and
(r) If any proposed construction or development is located entirely or partially within any identified floodplain area, the following additional information:
1. Information pertaining to the floodway;
2. The flow of water including direction, pressures, velocities, impact and uplift forces, and elevation of the 100-year flood; and
3. Lowest floor elevation of any existing or proposed structures.
(3) For uses authorized by conditional use, special exception or Planned residential development and for uses that are land developments, (two copies) final site development plans containing the information required for a site plan in accordance with division (B)(2) above for uses by right, and in addition, information demonstrating conformity with the conditional use, special exception, planned development or land development approved by the Borough Council;
(4) Two copies; construction plans as required by the Building Code; and
(5) Such other information as lawfully may be required by the Zoning Officer to determine conformance with this chapter, and the subdivision and land development ordinance, including, but not limited to, the names of all the legal or beneficial owners of the applicant if the applicant is a corporation or a partnership; and
(6) Required fee.
(C) Approval. In approving an application for development the Zoning Officer may require such changes in plans for construction, addition, structural alteration or use of such structures or lots as may be necessary to assure compliance with this chapter.
(D) Revocation. Zoning approval for any structure or use may be revoked and withdrawn by the Zoning Officer if the holder of the zoning approval has failed to comply with the requirements of this chapter or with any conditions attached to the issuance of the zoning approval; and the holder of the zoning approval may be subject to penalties as provided by this chapter.
(E) Expiration and extension.
(1) Temporary structures. Erection of temporary structures shall be completed within 30 days of issuance of zoning approval for structural alteration and erection of structures. Upon written request from the applicant, the Zoning Officer may extend the zoning approval.
(2) Other structures. If no application for a grading or building permit to undertake work described in an application for zoning approval for structural alteration or erection of structures other than temporary structures, has been submitted within 12 months of issuance of zoning approval for structural alteration or erection of structures, said zoning approval shall expire automatically without written notice to the developer unless the Borough Council, in its sole discretion, extend the zoning approval upon written request of the developer received prior to its expiration. The maximum extension permitted shall be one 12-month extension.
(Ord. 1089, passed 5-19-2014)
(A) Zoning approval required. It shall be unlawful to use or occupy any structure or lot or part thereof until zoning approval has been issued by the borough. Zoning approval shall state that the proposed use of the structure or lot conforms to the requirements of this chapter, as set forth in § 155.071. Any change in use category shall require the requisite approval.
(B) Nonconforming structure, use or lot. No nonconforming structure, use or lot shall be maintained, renewed, changed or otherwise have any structural alterations made to it or extended until a zoning approval has been issued by the borough.
(C) Time frame. Where zoning approval for occupancy and use is necessary to allow an occupancy permit to be issued pursuant to the Building Code, and where a building permit has been issued, zoning approval for occupancy and use shall be applied for within ten working days after the erection of the structure or structural alteration has been completed.
(D) Temporary zoning approval. Temporary zoning approval may be granted by the Zoning Officer upon filing of a written application for development for temporary zoning approval for occupancy and use when a temporary or permanent occupancy permit is authorized and is eligible for approval under the Building Code or when all work described in the application for development is not complete, and subject to the following:
(1) The applicant shall post an acceptable financial security to the borough to guarantee completion of the work described in an application for development for zoning approval and of all conditions attached to zoning approval within a specified time period; and
(2) There shall be no violations of applicable zoning district regulations.
(E) Zoning approval for occupancy and use. Where zoning approval for occupancy and use is necessary in order to allow an occupancy permit to be issued pursuant to the Building Code for a new or changed use of a lot and where no building permit is required, zoning approval for occupancy and use shall be made directly to the office of the Zoning Officer.
(F) Written notice. Zoning approval under this section shall be issued or a written notice stating why a zoning approval cannot be issued shall be given to the applicant.
(G) Temporary structures. During the time of construction of a structure for which zoning approval has been granted and a building permit has been issued, the Zoning Officer may issue zoning approval for occupancy and use of a temporary structure for a period not to exceed 12 months. Zoning approval for a temporary structure may be extended upon re-application at the discretion of the Zoning Officer. Zoning approval for a temporary structure shall be canceled upon written notice by the Zoning Administrator if construction of the permanent structure is not diligently pursued.
(H) Failure to obtain approval. Failure to obtain zoning approval shall be a violation of this chapter and may be subject to penalties as provided by this chapter.
(I) Records. The Zoning Officer shall maintain a record of all zoning approvals issued.
(Ord. 1089, passed 5-19-2014) Penalty, see § 10.99
Prior to granting zoning approval for structural alteration and erection of structures or zoning approval for occupancy and use or any other approval required by this chapter wherein the developer is required or has agreed, as a condition of approval, to remove or demolish any structure or to provide certain public and private improvements, the developer shall provide financial security in accordance with the provisions of the subdivision and land development ordinance. Financial security shall not be required for the costs of any improvements for which financial security is required by and provided to the Department of Transportation in connection with the issuance of a highway occupancy permit pursuant to § 420 of the Act of June 1, 1945, known as the State Highway Law, 36 P.S. §§ 670-101 et seq.
(Ord. 1089, passed 5-19-2014)
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