The provisions of this chapter shall be administered and enforced
by a Zoning Officer who shall be appointed by the governing body.
The Zoning Officer or designee, as approved by the Borough Council,
shall have the power to:
A.
Receive and examine all applications for building permits and
certificates of occupancy.
B.
Process building permit and certificate of occupancy applications
for all permitted uses.
C.
Issue permits only where there is compliance with the provisions
of this chapter, with other municipal ordinances and with the laws
of the commonwealth. Permits for construction of uses requiring a
variance shall be issued only upon order of the Zoning Hearing Board
or upon a final order of a court of competent jurisdiction. Permits
requiring conditional use approval by the governing body shall be
issued only after receipt of approval from the governing body.
D.
Receive applications for variances and appeals and forward these
applications to the Zoning Hearing Board for action thereon.
E.
Following refusal of a permit, receive applications for interpretation
appeals and variances and forward these applications to the Zoning
Hearing Board for action thereon.
F.
Conduct inspections and surveys to determine compliance or noncompliance
with the terms of this chapter.
G.
Pursuant to Section 616.1 of the Pennsylvania Municipalities
Planning Code, issue stop and cease and desist orders and 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 certified mail upon persons deemed by the Zoning Officer to be
violating the terms of this chapter. It shall be unlawful for any
person to violate any such order issued lawfully by the Zoning Officer,
and any person violating any such order shall be guilty of a violation
of this chapter.
H.
With the approval of the governing body or when directed by
it, institute in the name of the municipality any appropriate action
or proceeding to prevent unlawful erection, construction, reconstruction,
alteration, repair, conversion, maintenance or use to restrain, correct
or abate such violation, so as to prevent the occupancy of or use
of any building, structure or land, or to prevent any illegal act,
conduct, business or use in or about such premises.
I.
Revoke any order or zoning permit issued under a mistake of
fact or contrary to the law or the provisions of this chapter.
J.
Record and file all applications for building permits and certificates
of occupancy with accompanying plans and documents. All applications,
plans and documents shall be a public record.
K.
Maintain a map or maps showing the current zoning classification
of all land in the municipality.
L.
Register nonconforming structures and uses of lots in accord
with the provisions of § 212-2401.
All applications for building permits shall be accompanied by
plans prepared by a certified professional engineer or architect licensed
in the Commonwealth of Pennsylvania, drawn to scale, showing the actual
dimensions and shape of the lot to be built upon, the exact sizes
and locations on the lot of building(s) already existing, if any,
and the location and dimensions of the proposed building(s) or alteration(s).
The application shall include such other information as lawfully may
be required by the Zoning Officer, including existing or proposed
uses of the building(s) and land; the number of families, housekeeping
units or rental units the building(s) is(are) designed to accommodate;
conditions existing on the lot and such other matters as may be necessary
to determine conformance with and provide for the enforcement of this
chapter.
In approving an application for a building permit, the Zoning
Officer may require such changes in plans for construction, addition
or alteration of use of such building(s) or lot(s) as may be necessary
to assure compliance with this chapter.
A building permit for any zoning or use may be revoked and withdrawn
by the Zoning Officer if the holder of the zoning permit has failed
to comply with the requirements of this chapter or with any conditions
attached to the issuance of the permit, and the holder of the zoning
permit may be subject to penalties as provided by this chapter.
If the work described in any zoning permit has not begun within
90 days from the date of issuance thereof or within 90 days after
the effective date of this chapter, said permit shall expire, it shall
be canceled by the Zoning Officer, and written notice thereof shall
be given to the persons affected.
[Amended 12-20-2017 by Ord. No. 641-2017]
A.
If the work described in any zoning permit, other than demolition
work, has not been substantially completed within two years of the
date of issuance thereof, said permit shall expire and be canceled
by the Zoning Officer, and written notice thereof shall be given to
the persons affected, together with notice that further work as described
in the canceled permit shall not proceed unless and until a new building
permit has been obtained.
B.
A zoning permit for demolition work shall expire unless the demolition is commenced within 60 days after issuance of the permit and the demolition is completed within 30 days of commencement. In applying for a demolition permit. the owner(s) of a structure who only partially razes and removes a structure before the demolition permit expires shall be deemed to have consented to the Borough completing the demolition work and subsequently filing a municipal claim to create a lien against the real estate for all sums due the Borough. Such abatement action by the Borough may be in addition to any other enforcement action against the real estate initiated under this chapter or prosecuted under Chapter
159, Property Maintenance.
All buildings for which permits have been obtained and the construction
of which has begun, or for which a contract or contracts have been
let pursuant to a permit issued prior to the effective date of this
chapter, may be completed and used in accordance with the plan on
which said permit was granted.
It shall be unlawful to use or occupy or permit the use or occupancy
of any building, tenant space or lot, or part thereof, hereafter erected,
connected or wholly or partly altered or enlarged in its use or structure
until a certificate of occupancy has been issued therefor by the Zoning
Officer. Said certificate of occupancy shall state that the proposed
use of the building, tenant space or land conforms to the requirements
of this chapter.
No nonconforming uses of land shall be maintained, renewed,
changed or extended until a certificate of occupancy has been issued
by the Zoning Officer therefor. After enactment or amendment of this
chapter and upon notification by the Zoning Officer, owners or occupants
of nonconforming uses shall apply for certificates of occupancy. All
certificates of occupancy for nonconforming uses shall state specifically
wherein the nonconforming use differs from the provisions of this
chapter.
A temporary certificate of occupancy may be issued by the Zoning
Officer for a period not exceeding six months during alterations for
partial occupancy of a building pending its completion, provided that
such temporary certificate may require such conditions and safeguards
as will protect the safety of the occupants and the public.
Failure to obtain a certificate of occupancy shall be a violation
of this chapter and may be subject to penalties as provided in this
chapter.
The Zoning Officer shall maintain a record of all certificates
of occupancy, and copies shall be furnished, upon request, to any
person having a proprietary or tenancy interest in the building or
lot affected.
In case any building, structure or land is, or is proposed to
be, erected, constructed, reconstructed, altered, converted, maintained
or used in violation of the provisions of this chapter, the governing
body of the municipality or, with the approval of the governing body,
an officer of the municipality, in addition to other remedies, may
institute in the name of the municipality any appropriate action or
proceeding to prevent, restrain, correct or abate such building, structure
or land or to prevent, in or about such premises, any act, conduct,
business or use constituting a violation.