A.
Powers and duties. The provisions of this chapter shall be administered
and enforced by the Zoning Officer, who shall be appointed by the
Borough Council and shall not hold elective office in the Borough.
It shall be the duty of the Zoning Officer who shall have the power
to:
(1)
Receive all applications for zoning permits; issue permits when
there is compliance with the provisions of this chapter, other Borough
ordinances, the laws of the Commonwealth of Pennsylvania and subject
to the provisions of the Pennsylvania Municipalities Planning Code
(MPC), Act 247 of 1968, as amended.[1] Upon issuance of a zoning permit, the Zoning Officer shall
notify the Bucks County Board of Assessment.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(2)
Inspect the lands and buildings built or altered under this
chapter to ensure that they comply with the provisions of this chapter
and, upon satisfactory completion of said inspection, issue a use
and occupancy permit.
(3)
Receive applications for special exceptions and refer these
applications to the Zoning Hearing Board for action thereon.
(4)
Following refusal of a zoning permit, receive any appeals for
interpretation from alleged error of the Zoning Officer and any appeals
for variances from the terms of this chapter and forward these to
the Zoning Hearing Board for action thereon.
(5)
Conduct inspections to determine compliance or noncompliance
with the terms of this chapter.
(6)
Order, in writing, correction of all conditions found to be
in violation of the provisions of this chapter. Such written orders
shall be served personally or by registered mail upon persons deemed
by the Zoning Officer to be violating the terms of this chapter.
(7)
Issue stop, cease and desist orders, in writing, to persons
deemed by the Zoning Officer to be in flagrant violation of this chapter,
to be in violation of this chapter such that it creates an unsafe
condition or to have ignored previous written orders for correction
of violations.
(8)
Institute, with the approval of the Borough Council, proceedings
in courts of proper jurisdiction for the enforcement of this chapter.
(9)
Keep a permanent record of all plans, applications for permits
and all permits issued, with a notation as to all special conditions
attached thereto.
(10)
Maintain a map or maps showing the current zoning classification
of all land in the Borough.
(11)
Prepare and maintain the list of nonconforming uses as prescribed
by § 160-115F and as directed by the Planning Commission;
issue nonconforming use permits in accordance with the provisions
of this chapter.
(12)
Upon the request of the Mayor, Borough Council, Planning Commission
or Zoning Hearing Board, present facts, records or any similar information
to assist such individuals or bodies in reaching a decision.
B.
Limits of authority.
(1)
The Zoning Officer shall have the authority to issue permits
only for construction and uses which are in accordance with the requirements
of this chapter. Construction and uses which require special exception
or variance shall be issued zoning permits only on order of the Zoning
Hearing Board.
(2)
The Zoning Officer shall issue no permits for the construction
or use of any land and buildings unless it conforms to all Borough
ordinances, the laws of the Commonwealth of Pennsylvania and the Pennsylvania
Municipalities Planning Code, Act 247, as amended.[2]
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
A.
Conditions for zoning permits. Hereafter, no building shall be erected,
constructed, reconstructed, altered or moved; no land or building
used or occupied and no land or building changed in use until a zoning
permit has been secured from the Code Enforcement Officer. Zoning
permits shall be applied for coincident with applications for building
permits.
B.
Application requirements. All applications for zoning permits shall
be made, in writing, by the owner or authorized agent, on forms supplied
by the Code Enforcement Officer, and shall be filed with the Code
Enforcement Officer. The application shall include:
(2)
A general description of the proposed work, its location and
the use and occupancy of all parts of all buildings, structures and
lots.
(3)
A statement as to the proposed use of the building or land.
(4)
A site layout, drawn to scale, showing the location, dimensions
and height of proposed buildings or uses and any existing buildings
in relation to property and street lines.
(5)
The location, dimensions and arrangements of all open spaces
and yards. Buffer yards and methods to be employed for screening shall
be included where applicable.
(6)
The number, location, design and construction standards of parking
spaces and loading spaces, if applicable.
(7)
In the case of any Industrial District or use application, a
description of the operations proposed in sufficient detail to indicate
the effects of those operations in producing noise, glare, vibration,
air pollution, fire and safety hazards or the emission of any potentially
harmful or obnoxious matter.
(8)
Engineering details and/or any other information deemed necessary
by the Code Enforcement Officer to ascertain whether an application
complies with the provision of this chapter.
A.
Permit approval.
(1)
If the specifications set forth by the applicant in the application
for a building permit are in conformity with the provisions of this
chapter, the Building Code and all other applicable statutes, the
Code Enforcement Officer shall issue a permit. If the application
or the plans do not conform, he shall reject such application, in
writing, stating the reasons therefor, and shall immediately thereupon
mail notice of such refusal to the applicant at the address indicated
on the application. The Code Enforcement Officer shall grant or deny
the permit not later than 10 days following application, but in cases
of special exception or land development where further proceedings
are necessary, such proceedings shall be completed first. The Code
Enforcement Officer shall attach his signature to all applications.
(2)
Except on written order of the Zoning Hearing Board authorizing
a variance, no building permit shall be issued for any structure where
said erection, construction, reconstruction, extension, moving, razing
or use thereof would be in violation of any of the provisions of this
chapter. Moreover, any permit issued in error shall in no case be
construed as waiving any provisions of this chapter.
B.
Term of a permit.
(1)
An application for a permit for any proposed work shall be deemed
to have been abandoned six months after the date of filing unless
work in connection with such application has been diligently prosecuted
or a certificate of use and occupancy shall have been issued; except
that, for reasonable cause, the Code Enforcement Officer may grant
one or more extensions of time without payment for additional periods
not exceeding 90 days, not to exceed an aggregate of three years.
(2)
The Code Enforcement Officer may revoke a permit or approval
issued under the provisions of this chapter in case of any false statement
or misrepresentation of fact in the application or on the plans on
which the permit or approval was based.
C.
Posting of permit. A true copy of the building permit shall be kept
on the site of operations open to public inspection during the entire
time of prosecution of the work and until the completion of the same.
D.
Corrections of violations. Whenever any person shall have been notified
by the Code Enforcement Officer, in writing, that he is violating
this chapter, such person shall commence correction of all violations
within five days after notice and correct all violations within 30
days of notice.
E.
Temporary permits. A temporary permit may be authorized by the Zoning
Hearing Board for a nonconforming structure or use which it deems
beneficial to the public health or general welfare or which it deems
necessary to promote the proper development of the community, provided
that such nonconforming structure or use shall be completely removed
from expiration of the permit without cost to the Borough. Such permits
shall be issued for a specified period of time not to exceed one year
and may be renewed annually for an aggregate period not exceeding
three years.
A.
Permit required. No land or buildings shall be occupied by a principal
use or changed from one principal use to another and no building hereafter
erected, constructed, altered or extended shall be occupied until
a use and occupancy permit shall have been issued by the Code Enforcement
Officer stating that the building or proposed uses fully comply with
the provisions of this chapter.
B.
Permit approval.
(1)
In cases where a building permit is required, all certificates
of use and occupancy shall be applied for coincident with the application
for the building permit. The certificate shall be retained by the
Code Enforcement Officer until such time as the building in question
shall have been approved as complying with the provisions of this
chapter. Upon completion of changes in use or construction, reconstruction,
alteration or moving of a building, the applicant shall notify the
Code Enforcement Officer of such completion.
(2)
A use and occupancy permit shall be granted or refused within
10 days after the Code Enforcement Officer has been so notified. No
zoning permit shall be considered as complete or as permanently effective
until the Code Enforcement Officer has noted on the permit that the
work or occupancy and use has been inspected and approved as being
in conformity with the provisions of this chapter.
(3)
In cases involving establishment of a use on land or a change
of use on land or within a structure, application for a certificate
of use and occupancy alone shall suffice. The Code Enforcement Officer
shall grant or deny such use within 10 days following application,
except in cases of special exception where further proceedings are
necessary.
(4)
In any case, if a permit is denied, the Code Enforcement Officer
shall state, in writing, the cause for such denial to the applicant.
C.
Term of a permit. A use and occupancy permit shall become void 90
days from the date of issuance unless occupancy, use or change of
use is completed.
The applicant for a zoning permit shall, at the time of making
an application, pay to the Code Enforcement Officer for use by the
Borough, a fee in accordance with a fee schedule adopted by resolution
of the Borough Council upon the enactment of this amendment or as
such schedule may be amended by resolution of the Borough Council.
Whenever a violation of this chapter occurs, any person may
file a complaint in regard thereto. All such complaints must be in
writing, and shall be filed with the Code Enforcement Officer, who
shall properly record such complaint and immediately investigate and
report thereon to the Borough Council.
