The provisions of this chapter shall be enforced
by a Zoning Officer and Building Inspector with the aid of the Police
Department and other municipal agents and agencies. The Zoning Officer
and Building Inspector shall be appointed by the Board of Commissioners
as provided by law. He shall examine all applications for permits,
issue permits only for construction and uses which are in accordance
with the requirements of this chapter, record and file all applications
for permits with any accompanying plans and documents, which shall
be matters of public record, and make such reports as the Board of
Commissioners may require. Permits for construction and uses which
are a special exception or a variance from the requirements of this
chapter shall be issued only upon order of the Zoning Hearing Board.
It shall be the duty of the Zoning Officer and
he shall have power to:
A. Keep a record of all plans and applications for permits
and all permits issued with notations as to special conditions attached
thereto. All records shall be open for public inspection.
B. Review applications for zoning permits for erections
or alterations of structures or changes of use, determine whether
such construction or use is in accordance with the general requirements
of this chapter and with the laws and regulations of the commonwealth.
The Zoning Officer shall issue no permit unless it conforms with all
applicable ordinances, statutes and regulations.
C. Conduct inspections and surveys to determine compliance
or noncompliance with the terms of this chapter. In carrying out such
surveys, the Zoning Officer or his representative may enter upon any
land or buildings.
D. Make written orders requiring compliance with the
provisions of this chapter to be served personally as provided by
law.
E. Institute proceedings in courts of proper jurisdiction
for the enforcement of provisions of this chapter.
F. Maintain a map showing the current zoning classification
of all land.
G. Participate in all proceedings before the Zoning Hearing
Board, present facts and information to assist the Board in reaching
a decision which shall be compatible with this chapter.
H. Issue building permits for subdivisions only after
receipt of a copy of the subdivision plan signed by the Township Commissioners
and Planning Commission and proof of payment of applicable fees.
A building and occupancy permit shall be required
prior to any of the following:
A. It shall be unlawful to construct, enlarge, alter
or demolish a structure, or change the occupancy of a building or
structure requiring greater strength, exitway, or sanitary provisions,
or to change to another use, or to install or alter any equipment
for which provision is made or the installation of which is regulated
by the adopted Building Code of Hatfield Township, as last revised, until a zoning permit is obtained from the Zoning Officer.
B. Change in use of any building or structure.
C. Use of land or change in the use thereof, except that
the placing of vacant land under cultivation shall not require a use
and occupancy permit.
D. Change in use of a nonconforming use.
E. Whenever there is a change in occupancy in any commercial
or industrial establishments within Hatfield Township, all new occupants
of the building shall be required to apply for and obtain a use and
occupancy permit. Additionally, any new construction or modification
of existing residential units due to structural damage shall be required
to have a use and occupancy permit.
F. It shall be unlawful for any person to transfer, sell,
assign, lease or have occupied any building where there is new construction
when said builder or developer has not obtained a use and occupancy
permit and completed the structure in conformity with all Hatfield
Township ordinances, resolutions, rules and regulations.
G. Certificate to be required. No existing dwelling unit
subject to transfer or sale of ownership shall be occupied or used
until a certificate of occupancy has been issued by the Building Inspector
of the Township. The Building Inspector shall, after application for
such certificate by the owner or the agent of the owner of the premises
to be occupied has been made on forms provided for such purpose by
the Township, inspect the dwelling unit or units pursuant to the following:
(1)
Contents, responsibility for obtaining. The certificate of occupancy shall state the use to which the dwelling unit is to be put. No change in the use or ownership of any dwelling unit shall be made until a certificate of occupancy has been issued in accordance with Subsection
G. It shall be the duty of any person who shall sell or otherwise transfer ownership of any dwelling unit to another person to apply for and obtain the certificate of occupancy required by this article prior to such transfer of ownership and any. use or occupancy of such premises; provided, however, that the failure on the part of such seller or transferor to obtain such certificate shall not excuse the purchaser or transferee of such premises from the requirement of this article.
(2)
Revocation. Any certificate of occupancy issued
hereunder may be revoked in the event that the dwelling unit is determined
to be unsafe or uninhabitable, or that a condition exists which is
in violation of any ordinances of the Township, or that the actual
use is in violation of any ordinances of the Township. In the event
that the certificate of occupancy is issued subject to conditions,
such certificate may be revoked if such conditions remain unsatisfied
within the time limit provided for at the time of issuance of such
conditional certificate.
(3)
Fee. The applicant for a certificate of occupancy
shall pay, at the time of application, a fee to the Township in the
amount established by the Board of Commissioners by a fee schedule
adopted by resolution from time to time. Such fee shall be nonrefundable in the event that the
Building Inspector shall refuse to issue a certificate of occupancy
after inspection.
All applications for permits shall be made in
writing by the owner or tenant or authorized agent, and shall be filed
with the Zoning Officer on forms prescribed by him. The Zoning Officer
shall require with the application some or all of the following depending
upon whether the permit is for alteration or development of a previously
undeveloped property:
A. A statement as to the proposed use of the building.
B. A plan drawn to scale, showing the location of the
building in relation to property and road lines.
C. A statement that the side lines of all roads shown
on the plan have been located and staked on the premises by a surveyor
or other person competent to give such location.
D. The name and address of the person who has so located
and staked the road lines.
No building permit shall be issued until the
Zoning Officer has certified that the proposed building, structure
or alteration complies with the provisions of this chapter and other
applicable ordinances. Upon completion of the erection, addition to,
or alteration of any building, structure or portion thereof authorized
by any building permit obtained in compliance with this chapter, and
prior to use or occupancy, the holder of such permit shall notify
the Zoning Officer of such completion. Use and occupancy shall not
be authorized until the Zoning Officer has certified that the work
has been inspected and approved as being in conformity with this and
other applicable ordinances, and has issued a use and occupancy permit
as provided below. However, this certificate of occupancy shall in
no way be construed to warrant in any way the workmanship, safety,
or quality of the structure or building permits used to construct
the said structure or alterations thereto. The said certificate of
occupancy is issued for administrative purposes in promoting the general
health, safety, morals, welfare and orderly development of the community.
All applications for use and occupancy permits
shall be made in writing on forms furnished by the Township and shall
include all information necessary to enable the Zoning Officer to
ascertain compliance with this chapter.
If the Zoning Officer determines that an application
is in compliance with the provisions of this chapter, it shall be
his duty to issue the appropriate permit; and if he determines that
an application is not in compliance with the provisions of this chapter,
it shall be his duty to refuse the permit, in which case he shall
instruct the applicant in the method of appeal or application to the
Zoning Hearing Board.