The purpose of this article is to establish
procedures for the administration, enforcement and amendment of this
chapter consistent with the Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
A.
The administration, enforcement and amendment of this chapter shall be in accordance with the provisions of Article VI and any other applicable sections of the Pennsylvania Municipalities Planning Code, Act 247, as amended by Act 170, and hereinafter referred to in this article as the "Planning Code."
B.
The principal zoning official in the Borough shall
be the Building Inspector, a term used in this chapter to designate
the official identified in the Planning Code as the Zoning Officer.
The Building Inspector shall report to Borough Council and shall be
responsible for the administration and enforcement of this chapter.
The Building Inspector shall not hold any elected office in the Borough.
[Amended 1-13-1997 by Ord. No. 568, approved 1-13-1997]
C.
The Building Inspector shall administer this chapter
in accordance with its literal terms and shall not have the power
to permit any construction, use or change of use which does not conform
to this chapter.
D.
The Building Inspector may be authorized to institute
civil enforcement proceedings as a means of enforcing this chapter.
E.
Duties. The duties of the Building Inspector shall
include the following:
(1)
Enforce all provisions of this chapter and all amendments
thereto.
(2)
Receive, examine, record and file all applications
and fees for building permits and issue building permits only for
any structure or use which conforms to this chapter.
(3)
Issue permits for uses and construction by special
exception or variance only after such uses or buildings are provided
by the Zoning Hearing Board, in accordance with the provisions of
this chapter. Permits requiring approval by the Borough Council shall
be issued only after receipt of any authorization from the Council.
(4)
Receive all required fees.
(5)
Regularly inspect all areas of the Borough to determine
if there are any violations of this chapter and review the validity
of any reported zoning violations.
(6)
Issue all necessary stop orders and order, in writing,
correction of all conditions found to be in violation of this chapter.
(7)
Maintain or cause to be maintained a map or maps showing
the current zoning classification of all land in the Borough.
(8)
Upon request of the Council, Planning Commission or
Zoning Hearing Board, present facts, records and any similar information
to such body on specific requests to assist these bodies in reaching
their decision.
F.
Appeals from decisions of the Building Inspector.
An appeal from a decision or action of the Building Inspector shall
be made directly by a party in interest to the Zoning Hearing Board,
and such appeal shall be made within 30 days after the date when a
decision is deemed to have been made, in accordance with the Planning
Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
G.
Violations. Whenever a violation of this chapter is
alleged to have occurred, any person may file a written and signed
complaint. Such complaint, stating fully the causes and basis thereof,
shall be filed with the Building Inspector who shall record such complaint
promptly and immediately investigate and take action as provided in
this article.
A.
Enforcement notice. If it appears to the Borough that
a violation of this chapter has occurred, the Borough shall initiate
enforcement proceedings by sending an enforcement notice to the owner
of record of the parcel on which the violation may have occurred,
to any person who has filed a written request to receive an enforcement
notice regarding that parcel and to any other person requested, in
writing, by the owner of record. An enforcement notice shall include
the minimum components required in Section 616.1(c) of the Planning
Code.[1]
[1]
Editor's Note: See 53 P.S. § 10616.1(c).
A.
Requirement for permits. A permit shall be required
prior to the erection or alteration of any building, structure or
portion thereof, including signs; prior to the use of a building or
land; and prior to the change or extension of a nonconforming use
or structure.
B.
Application for permits. Application for permits shall
be made to the Building Inspector on such forms as may be furnished
by the Borough. Each application shall contain all information necessary
to ascertain whether the proposed erection, alteration, use or change
in use complies with the provisions of this chapter.
C.
Issuance of permits.
(1)
No building or use permit shall be issued until the
Building Inspector has certified that the proposed building or alteration
or the proposed use of the property complies with the provisions of
this chapter.
(2)
Permits shall be granted or refused within 45 days
after the date of application. In case of refusal, the applicant shall
be informed of his right to appeal to the Zoning Hearing Board.
D.
Permits for trailers or other temporary structures.
(1)
Prior to the placement or location of a trailer or
other temporary structure on a site, a permit shall be obtained from
the Building Inspector as noted above in this section. Such temporary
permit shall be required where such trailer or other temporary structure
shall occupy the property.
(2)
Temporary permits shall authorize the placement of
temporary structures for not more than six months in any given calendar
year.
(3)
Nothing in this section shall be construed to prohibit
the parking of trailers or recreational vehicles in private driveways
or garages.
E.
Expiration of permits. Permits for the erection, razing,
change, alteration or removal of a building shall be valid or effective
for a period of not more than six months from the date of issuance
thereof and shall thereafter be void, unless the work authorized by
such permit shall have been substantially commenced within that period
and continues with due diligence from that time forward. In no event
shall a permit be construed to authorize the development activities
for more than a three-year period of time, after which time a new
permit must be sought. If, however, the applicant has been delayed
in proceeding with the work for which the permit was granted for reasons
beyond his or her own control, at the discretion of the Building Inspector
the permit may be renewed without costs to the applicant.
F.
Certificate of occupancy.
(1)
Upon the completion or alteration of any building
or portion thereof authorized by any permit, the holder of the permit
shall notify the Building Inspector in the case of nonresidential
buildings and the Housing Inspector in the case of residential buildings
of completion of the work. No permit shall be considered complete
or permanently effective until the Building Inspector or the Housing
Inspector, whichever applies, has issued a certificate of occupancy
certifying that the work has been inspected and approved as being
in conformity with this chapter.
(2)
Prior to the transfer of ownership, lease or use of
property, a certificate of occupancy must be obtained from the Building
Inspector or the Housing Inspector in the case of residential buildings.
(3)
A certificate of occupancy shall be granted or refused
within 15 days after the Building Inspector or Housing Inspector has
been notified of completion of construction or within 15 days of application
to occupy premises or land.
G.
Fees.
(1)
The Borough Council shall establish, by resolution,
a schedule of fees, charges, expenses and collection procedures for
building permits, sign permits, special exceptions, variances, appeals,
amendments and other matter pertaining to this chapter.
(2)
A schedule of fees shall be posted in the office of
the Building Inspector and may be altered or amended by the Borough
Council only.
(3)
No action shall be taken on any application for any
special exception, variance, appeal or other similar matter pertaining
to this chapter until all application fees, charges and expenses have
been paid in full.
A.
Power to amend. The regulations, restrictions, boundaries
and requirements set forth in this chapter may be amended, supplemented,
changed or repealed by the Borough Council by amending this chapter
in accordance with Sections 609, 609.1 and 609.2 of the Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10609,
53 P.S. § 10609.1 and 53 P.S. § 10609.2, respectively.
B.
Procedure for amendment.
(1)
An ordinance amending, supplementing or changing the
district boundaries (Zoning Map) or the regulations established herein
may be initiated:
(a)
By the Borough Council, upon its own initiative
or upon recommendation of the Planning Commission.
(b)
Upon a petition to the Borough Council signed
by the owners of 50% or more of the frontage of any area, which shall
be between two streets wherein a change of zoning regulations is being
sought.
(c)
By a landowner requesting an amendment or repeal.
In the case of a curative amendment, the special requirements of Section
609.1 of the Planning Code shall apply.
(2)
Before voting on the enactment of an amendment, the
Borough Council shall hold a public hearing thereon, pursuant to public
notice. If the proposed amendment involves a map change, notice of
said public hearing shall be conspicuously posted by the Borough at
points deemed sufficient along the tract at least one week prior to
the hearing.
[Amended 1-13-1997 by Ord. No. 568, approved 1-13-1997]
(3)
The Borough Council shall submit each proposed zoning
amendment, other than one prepared by the Planning Commission, to
the Planning Commission at least 30 days prior to any hearing which
is to be held on the proposed amendment to provide the Planning Commission
with an opportunity to submit its recommendations prior to final action.
(4)
If, after any public hearing held on the amendment,
the proposed amendment is changed substantially or is revised to include
land previously not affected by it, the Borough Council shall hold
another public hearing as required by law pursuant to public notice
before proceeding to vote on the amendment.
(5)
As required by the Planning Code, a copy of any proposed
amendment shall also be sent to the County Planning Commission at
least 30 days prior to any hearing on the proposed amendment in order
to provide the County Planning Commission an opportunity to submit
its recommendations prior to final enactment of the amendment.
(7)
Within 30 days after enactment, a copy of the amendment
to this chapter shall be forwarded to the Delaware County Planning
Department.
