[Ord. No. 11/8/1989, 11/8/1989,
§ 501]
1.
Creation of Office. The office of Zoning Officer of the Borough of
Wesleyville, Pennsylvania, is hereby created.
3.
Official Records. An official record shall be kept of all business
of the Zoning Officer and shall be open to public inspection at appropriate
times.
4.
Compensation of the Zoning Officer. The compensation of the Zoning
Officer will be decided by the Borough Council.
[Ord. No. 11/8/1989, 11/8/1989,
§ 502]
1.
The Zoning Officer shall interpret and enforce all the regulations
and provisions of this chapter.
A.
Applications, Permits and Certificates of Use and Occupancy. The
Zoning Officer shall receive applications for and issue permits and
certificates of use and occupancy.
B.
Right of Entry. The Zoning Officer shall have the authority to enter
at any reasonable hour any structure and/or land in the Borough to
enforce the provisions of this chapter. A letter of his authority
shall be provided by Borough Council and shall be displayed for the
purpose of identification.
[Ord. No. 11/8/1989, 11/8/1989,
§ 503]
1.
When Permit Is Required. It shall be unlawful to erect, enlarge,
construct, reconstruct or structurally alter any building and/or other
structure or change the use or intensity of use, or extend or displace
the use of any building, other structure and/or land in the Borough
without first filing an application with the Zoning Officer, in writing,
and obtaining the required permit.
2.
When a Certificate of Use and Occupancy is Required. It shall be
unlawful to use and/or occupy any building, other structure and/or
land for which a permit is required until a certificate of use and
occupancy for such building, other structure and/or land has been
issued by the Zoning Officer. The application for issuance of a certificate
of use and occupancy shall be made at the same time an application
for a permit is filed with the Zoning Officer.
3.
Forms of Application. The application for a permit and a certificate
of use and occupancy shall be submitted in such form as the Zoning
Officer may prescribe and shall be accomplished by the required fee
as established by the Borough Council.
4.
By Whom Application Is Made. Application for a permit and a certificate
of use and occupancy shall be made by the owner or lessee of the building,
other structure and/or land or agent of either or by the licensed
contractor, engineer or architect employed in connection with the
proposed work. If the application is made by a person other than the
owner in fee, it shall be accompanied by a duly verified affidavit
of the owner or the qualified person making the application that the
proposed work is authorized to make such application. The full names
and addresses of the owner, lessee, applicant and of the responsible
officers, if the owner or lessee is a corporate body, shall be stated
in the application.
5.
Description of Work. The application shall contain a general description
of the proposed work, its location, the use and/or occupancy of all
parts of the building, other structure, and of all portions of the
site or lot not covered by the building and/or other structure and
use of land, proposed parking and/or loading facilities if required
herein and such additional information as may be required by the Zoning
Officer.
6.
Plot Plan. There shall also be filed not less than one copy of a
plot plan showing to scale at least the following: size and location
of all the new construction and all existing buildings and/or other
structures on the site; dimensions and area of the lot; distances
from lot lines and the location and the established street grades;
all existing, proposed, extended and/or new uses of buildings, other
structures and/or land; proposed and existing parking and/or loading
facilities if required herein, it shall be drawn in accordance with
an accurate boundary line survey; and such additional information
as may be required by the Zoning Officer. Where complete and accurate
information is not readily available from existing records, the Zoning
Officer may require an applicant to furnish a survey of the lot by
a registered engineer or surveyor at the applicant's expense.
Each applicant shall be required to attest to the correctness of the
data and statements furnished in the application.
7.
Expiration of Permits. If work described in any permit has not begun
within six months from the date of issuance, the permit shall expire
and a written notice shall be given by the Zoning Officer to the persons
affected. If work described in any permit has been substantially completed
within one year of the date of issuance, the permit shall expire and
written notice to that effect shall be given by the Zoning Officer
to the persons affected. Work as described in the cancelled permit
shall not proceed unless a new permit is obtained.
[Ord. No. 11/8/1989, 11/8/1989,
§ 504]
1.
Action on Application. The Zoning Officer shall act on all applications
for a permit within 10 business days after filing. If the requirements
of this chapter are satisfied, a permit shall be issued. Disapproval
of a permit shall be in writing to the applicant.
2.
Posting a Permit. The permit issued by the Zoning Officer shall be
posted at the work site until the permit expires or the certificate
of use and occupancy is delivered.
3.
Revoking a Permit. The Zoning Officer may revoke an invalid permit
if it is determined that any false statement or misrepresentation
of fact was in the application for the permit.
4.
Action Upon Completion.
A.
Upon completion of the permitted work and prior to use and occupancy,
the holder of the permit shall notify the Zoning Officer of such completion.
Within 10 business days after receiving notice of completion, the
Zoning Officer shall conduct a final inspection of all permitted structures
and/or land. All violations of the permit and plans shall be recorded
and presented, in writing, to the holder of the permit within 15 business
days of receipt of notification of completion of work.
B.
If the Zoning Officer has determined that the completed work conforms
with the issued permit and complies with this chapter, he shall issue
a certificate of use and occupancy for the use indicated in the permit
within 15 business days of notification of work.
[Ord. No. 11/8/1989, 11/8/1989,
§ 505 as amended by Ord. No. 01/13/99, 1/13/1999, §§ 1, 3]
No permit shall be issued until the applicant pays the respective
fee prescribed by the Borough. A permit fee schedule shall be established
by resolution of the Borough Council. At its 1999 organizational meeting,
Wesleyville Borough Council shall adopt, by resolution, a comprehensive
fee schedule establishing the amount of each fee for the calendar
year of 1999. Thereafter, Wesleyville Borough Council shall at its
regular June meetings adopt, by resolution, a comprehensive schedule
establishing the amount of each fee to be effective from January 1
through December 31 of the following calendar year. A written summary
of the comprehensive fee schedule shall be available to the general
public at the Borough's office, located at 3421 Buffalo Road,
Wesleyville, PA 16510.
[Ord. No. 11/8/1989, 11/8/1989,
§ 506]
If the Zoning Officer shall find that any of the provisions
of this chapter are being violated, he shall notify, in writing, the
person responsible for such violation, indicating the nature of the
violation and ordering the action and maximum number of days necessary
to correct the violation. The notice shall include the fact that the
recipient has the right to appeal to the Zoning Hearing Board within
a prescribed period of time. This enforcement notice shall comply
with Section 616.1 of the Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10616.1.
[Ord. No. 11/8/1989, 11/8/1989,
§ 507]
If the Notice of Violation is not complied with, the Zoning
Officer has the authority to institute civil enforcement proceedings
as a means of enforcement when acting within the scope of his duties
under this chapter. In addition, Borough Council may institute any
appropriate action or proceeding under Section 617 of the Planning
Code.[1] Enforcement remedies shall be initiated before the Magisterial
District Judge of appropriate jurisdiction.
[1]
Editor's Note: See 53 P.S. § 10617.
[Ord. No. 11/8/1989, 11/8/1989,
§ 508]
Any person who shall violate the provisions of this chapter
and is convicted thereof in a summary proceeding shall be subject
to a judgement as prescribed in Section 617.2 of the Planning Code.[1] All the costs associated with enforcement of this chapter
over and above the permit fee shall be borne by the applicant or violator.
[1]
Editor's Note: See 53 P.S. § 0617.2.
1.
Notice to Owner. Upon notice from the Zoning Officer that work on
or use or occupancy of any building, other structure and/or land has
been determined to be contrary to this chapter, such work shall be
immediately stopped. The stop-work order shall be in writing to the
owner of the property involved and shall state the conditions under
which work or use be resumed.
2.
Conditions of Discontinued Work. Any person who has been served with
a stop-work order or discontinues or abandons work shall not leave
any building, other structure and/or land in such condition as to
be a hazard to the public. The Zoning Officer shall have the authority
to require that such building, other structure and/or land shall be
put in such condition as he determines, and the work on it shall be
at the full expense of the recipient of a stop-work order.
