[Ord. No. 353, 6/19/1991, § 300]
In expansion of, and in addition to, the Declaration of Legislative Intent and Statement of Community Development Objectives found in Part
1 of this chapter, it is the intent of this Part to provide specific duties and responsibilities for the Zoning Officer in the issuance of building and occupancy permits, and the procedures for obtaining the same, as contained in this Part.
[Ord. No. 353, 6/19/1991, § 301]
1. The provisions of this chapter shall be administered and enforced
by a Zoning Officer.
2. The Borough Council shall appoint a Zoning Officer who shall meet
the qualifications established by the Council and demonstrate a working
knowledge of municipal zoning.
3. The Zoning Officer shall receive compensation as determined by the
Borough Council.
[Ord. No. 353, 6/19/1991, § 302]
1. The Zoning Officer shall have the authority to perform the following
responsibilities:
A. Receive all zoning applications and applications for use and occupancy
permits.
B. Keep a public record of these applications including:
(1)
All relevant plans and information submitted therewith.
(2)
Permits issued in their regard.
(3)
Any special conditions attached thereto.
C. Review these applications for compliance with the literal terms of
this chapter, all other applicable ordinances, and the laws and regulations
of the Commonwealth of Pennsylvania which are relevant to the subject
and intent of this chapter.
D. Issue permits only in response to those applications which are in
compliance with this chapter, all other applicable ordinances, and
the laws and regulations of the Commonwealth of Pennsylvania which
are relevant to the subject and intent of this chapter.
(1)
When the Zoning Hearing Board grants a special exception or
variance, the application shall be considered in compliance with this
chapter for the purpose of issuing permits; the Zoning Rearing Board
action shall be made a part of the public record of these applications.
(2)
The Zoning Officer shall issue permits in regard to such applications
only upon receipt of written evidence from the Zoning Rearing Board
attesting to the granting of the special exception or variance.
E. Enlist the assistance of other municipal agents and agencies in performing
these responsibilities.
F. Conduct inspections and surveys to determine compliance or noncompliance
with the terms of this chapter.
G. Make written orders requiring compliance with the provisions of this
chapter and the Pennsylvania Municipalities Planning Code, 53 P.S.
§ 10101 et seq., to be served personally or by certified
mail.
H. Institute proceedings in courts of proper jurisdiction for the enforcement
of provisions of this chapter.
I. Have available a map showing the current zoning classification of
all land.
J. Participate in proceedings before the Zoning Hearing Board at the
request of the Borough Council as a representative of the Borough.
[Ord. No. 353, 6/19/1991, § 303]
1. A zoning permit application shall be required and reviewed, and permits issued, in accordance with the Hatfield Borough Building Code, as amended (Chapter
5).
2. A use and occupancy permit shall be required prior to any of the
following:
A. Use and occupancy of any new construction. No permit fees or occupancy
fees shall be charged for farm buildings constructed or altered for
purposes limited to agricultural use of the tract.
B. Change in use of any building or structure, whether or not the change
involves physical alteration to the 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.
3. It shall be a violation of this chapter for any person to use or
occupy any building, structure, or land until a use and occupancy
permit has been duly issued.
[Ord. No. 353, 6/19/1991, § 305]
1. A zoning permit and/or use and occupancy permit applications 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.
2. 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 requirements of this chapter
and any other applicable ordinance have been met.
3. Issuance of a use and occupancy permit, or temporary use and occupancy
permit, shall in no way be construed to warrant in any way the workmanship,
safety, or quality of the structure or building materials used to
construct the said structure or alterations thereto.
[Ord. No. 353, 6/19/1991, § 305]
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 inform the
applicant of his right to appeal to the Zoning Rearing Board for relief.
[Ord. No. 353, 6/19/1991, § 306]
An appeal from the decision of the Zoning Officer shall be filed within 30 days, according to the procedures set forth in §
27-605 of this chapter.
[Ord. No. 353, 6/19/1991, § 307]
The applicant for a zoning permit or use and occupancy permit
shall, at the time of making application, pay to the Borough, a fee
in accordance with a fee schedule adopted by resolution of the Borough
Council.
[Ord. No. 353, 6/19/1991, § 308]
In accordance with Section 619 of the Pennsylvania Municipalities
Planning Code, 53 P.S. § 10619, as amended, the provisions
of this chapter shall not apply to any public utility.