For the administration and enforcement of this chapter and any
amendments thereto, a Zoning Officer, who shall not hold any elective
office in the Borough, shall be appointed by Borough Council. The
Zoning Officer shall meet qualifications established by the Borough
and shall be able to demonstrate, to the satisfaction of the Borough,
a working knowledge of municipal zoning. The Zoning Officer shall
administer and enforce the Zoning Ordinance, and any amendments thereto,
in accordance with its literal terms, and shall not have the power
to permit any construction or any use or change of such which does
not conform to this chapter. The Zoning Officer is hereby authorized
to institute civil enforcement proceedings as a means of enforcement
when acting within the scope of his employment. The duties of the
Zoning Officer shall include but not be limited to the following:
A. To receive and review all applications for permits, including but
not limited to building, zoning, sign, special exceptions, variances,
conditional uses, and use and occupancy permits and any other requests
on matters relative to the administration of this chapter, and forward
them to the appropriate approving body when necessary.
B. To issue permits that are in accordance with the provisions of this
chapter or upon written order and only after such uses or buildings
and structures permitted in conjunction therewith are reviewed, ordered
and approved by the Zoning Hearing Board or the Borough Council, as
applicable, or as directed by a competent court of jurisdiction, subject
to such conditions or stipulations contained in any such order.
C. To keep a complete official record and file of all business and activities,
including complaints of a violation of any of the provisions of this
chapter and applications for permits with accompanying plans and documents,
and any action taken thereon.
D. To conduct inspections or investigations to determine compliance
or noncompliance with the provisions of this chapter.
E. To report violations of the chapter to the Borough Council and to
issue stop, cease-and-desist orders and to require, 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, firms or corporations deemed by the Zoning Officer
to be violating the terms of this chapter, when approved by Borough
Council. It shall be unlawful for any person to violate any such order
lawfully issued by the Zoning Officer, and any person violating such
order shall be guilty of violation of this chapter.
F. To gather and present any facts, records or other information to
the Borough Council or Zoning Hearing Board when requested to do so.
G. Review applications for appeals from alleged error of the Zoning
Officer and forward comments to the Zoning Hearing Board when requested.
H. To issue letters of interpretation for structures and uses potentially located within the Flood Hazard District in Article
XV, as determined by examination of the Flood Insurance Rate Maps (FIRM) issued by the Federal Emergency Management Agency (FEMA).
I. To maintain or cause to have maintained an Official Borough Zoning
Map showing the current zoning classification of all land in the Borough.
The duties of the Zoning Officer/Building Inspector shall be
as follows:
A. To receive applications for building permits, certificates of occupancy
and any other requests on matters relative to the Uniform Construction
Code (UCC).
B. To issue building permits and certificates of occupancy for construction
and uses that are in accordance with the provisions of the UCC, this
chapter, and any other applicable ordinances.
C. To maintain a complete record of all applications and plans for permits
and the action taken on each.
D. To notify, in writing, the appropriate person or persons when any
violation of the UCC, this chapter, and any other applicable ordinances
have occurred, indicating the nature of the violation and ordering
its discontinuance or correction.
E. To gather and present any facts, records or other information to
the Zoning Officer/Building Inspector, Borough Council, or Zoning
Hearing Board when requested to do so.
Upon receipt of an application, the Zoning Officer/Building
Inspector shall review it to determine compliance with this chapter,
the Building Code (UCC), and any other applicable ordinances or permits
in addition to inspecting the premises as necessary. With the exception
of use and occupancy permits as set forth below, within 15 days after
receipt of a complete application, the Borough shall either approve
or disapprove the application accordingly. If the application is disapproved,
the Borough shall provide to the applicant, in writing, the reasons
for the disapproval and shall inform the applicant of the right to
appeal the decision to the Zoning Hearing Board and/or the UCC Appeals
Board, as applicable.
A. Zoning permit.
(1)
Upon approval of a complete application and the payment of the fee as required by §§
400-124 and
400-126, the Zoning Officer shall issue a zoning permit. The zoning permit shall be issued for zoning only; a building permit shall be required prior to commencing any construction, where applicable.
(2)
A zoning permit shall be conspicuously posted on the affected
tract or parcel(s) of land after approval while proposed work is undertaken,
prior to the establishment of a new use, or when change in use of
land or a building occurs.
(3)
A zoning permit shall expire if work or a change in use is not
commenced within one year from the date of the permit, and a new permit
shall be required before such work or change of use commences; provided,
however, that the Zoning Officer may extend the zoning permit for
one additional six-month period if the applicant is actively engaged
in completing the project.
(4)
The zoning permittee shall be authorized to proceed with the
work as described on the approved application after obtaining a building
permit if required by this chapter. The Zoning Officer shall revoke
any permit or approval issued under the provisions of this chapter
in any case where there has been a false statement or misrepresentation
of fact in the application or where it is determined that the work
being performed is not in compliance with the information contained
in the zoning permit application or with the provisions of this or
any other applicable ordinance.
B. Building permit.
(1)
Upon approval of a complete application and the payment of the fee, as required by §§
400-124 and
400-126, the Zoning Officer/Building Inspector shall issue a building permit placard, which shall be visibly posted on the premises during the entire time the proposed work is being undertaken.
(2)
A building permit shall expire one year from the date of issuance,
provided that it may be extended at the discretion of the Zoning Officer/Building
Inspector for one six-month period.
(3)
The building permit holder shall be authorized to proceed with
the work as described on the approved application. The Zoning Officer/Building
Inspector shall revoke any permit or approval issued under the provisions
of this chapter in any case where there has been a false statement
or misrepresentation of fact in the application or where it is determined
that the work being performed is not in compliance with the information
contained in the building permit application or with the UCC or the
provisions of this or any other applicable ordinance.
(4)
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.
C. Sign permit.
(1)
Upon approval of a complete application and the payment of the fee as required by §§
400-124 and
400-126, the Zoning Officer shall issue a sign permit.
(2)
A sign permit shall expire one year from the date of issuance,
provided that it may be extended at the discretion of the Zoning Officer
for one six-month period.
(3)
The sign permit holder shall be authorized to proceed with the
work as described on the approved application. The Zoning Officer
shall revoke any permit or approval issued under the provisions of
this chapter in any case where there has been a false statement or
misrepresentation of fact in the application or where it is determined
that the work being performed is not in compliance with the information
contained in the sign permit application or with the UCC or the provisions
of this or any other applicable ordinance.
D. Use and occupancy certificate.
(1)
A use and occupancy certificate, in addition to the payment
of the fee prior to or concurrently with an application for a building
permit, shall not be issued until completion of the construction work
authorized by the approved zoning and/or building permit. Upon notification
by the applicant that the construction work has been completed, the
Zoning Officer/Building Inspector shall inspect the property and either
issue or deny the use and occupancy certificate.
(2)
It shall be the duty of the applicant for a zoning and/or building
permit to secure the issuance of the required use and occupancy permit,
by giving notice of completion as aforesaid, notwithstanding the fact
that the applicant may be constructing the building structure, addition,
or alteration for the use of another, and further to notify such proposed
occupant of the requirements of this section prior to transfer of
ownership or commencement of leasehold of the property.
Fees for permits and other fees required in the administration
of this chapter shall be paid in advance at the time of application
and in an amount as set forth in a schedule of fees adopted by resolution
of the West Grove Borough Council from time to time.
The granting of any permit under this chapter shall create no
liability upon, nor a cause of action against, any Borough official
or employee for damages or injury that may occur from the use, construction,
or enlargement of structures or the use of land.
Any person aggrieved by any decision of the Board, or any officer of the Borough may, within 30 days after entry of the decision of the Board, as provided in 42 Pa.C.S.A. § 5572 or, in the case of a deemed decision, within 30 days after the date upon which notice of said deemed decision is given, as set forth in §
400-134, appeal to the Court of Common Pleas of Chester County by petition, duly verified, setting forth that such decision is arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law, specifying the grounds upon which such person relies.