The purpose of this article is to set forth procedures for the administration and enforcement of this chapter, in accordance with the Municipalities Planning Code.
A. 
The administration, enforcement, and amendment of this chapter shall be in accordance with the provisions of Article VI and any other applicable sections of the Pennsylvania MPC, Act 247, as amended, hereinafter referred to in this article as the "Planning Code."
B. 
There shall be a Zoning Officer who shall be appointed by Borough Council. The powers and duties of the Zoning Officer listed in this article may be exercised by the Borough Manager. All employees engaged in the administration and enforcement of this chapter shall report to the Borough Manager.
C. 
The Zoning Officer and Borough Manager shall not hold any elective office in the Borough.
D. 
The Zoning Officer shall administer this chapter in accordance with its literal terms and shall not have the power to permit any construction, use, or change of use that does not conform to this chapter.
E. 
The Zoning Officer may be authorized to institute civil enforcement proceedings as a means of enforcing this chapter.
F. 
Duties. The following duties shall be performed by the Zoning Officer:
(1) 
Enforce all provisions of this chapter and all amendments thereto.
(2) 
Receive, examine, record, and file all applications and fees for zoning permits and issue zoning permits only for any structure or use which conforms to this chapter.
(3) 
Issue permits for uses and construction by conditional use, special exception, or variance only after such uses or buildings are approved by Borough Council or the Zoning Hearing Board, in accordance with the provisions of this chapter. Permits requiring approval by Borough Council shall be issued only after receipt of an authorization from the Council.
(4) 
Receive all required fees.
(5) 
Regularly inspect all areas of the Borough to determine if there are any violations of this chapter and review the validity of any reported zoning violations.
(6) 
Issue all necessary stop orders and order in writing correction of all conditions found to be in violation of this chapter. 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 a violation of this chapter.
(7) 
Maintain, or cause to be maintained, a map or maps showing the current zoning classification of all land in the Borough.
(8) 
Upon request of the Council, Planning Commission, or Zoning Hearing Board, present facts, records, and any similar information to such body on specific requests to assist these bodies in reaching their decisions.
G. 
Appeal from decisions of the Zoning Officer. An appeal from a decision or action of the Zoning Officer shall be made directly by a party in interest to the Zoning Hearing Board, and such appeal shall be made within 30 days after notice of the decision is made, or if no decision is made, 30 days after the date when a decision is deemed to have been made, in accordance with the Planning Code, as amended.
H. 
Violations. Whenever a violation of this chapter is alleged to have occurred, any person may file a written and signed complaint. Such complaint, stating fully the causes and basis thereof, shall be filed with the Zoning Officer who shall record such complaint promptly and immediately investigate and take action thereon as provided in this chapter.
A. 
Enforcement notice. If it appears to the Borough that a violation of this chapter has occurred, the Borough shall initiate enforcement proceedings by sending an enforcement notice to the owner of record of the parcel on which the violation has occurred, to any person who has filed a written request to receive an enforcement notice regarding that parcel, and to any other person requested in writing by the owner of record. An enforcement notice shall include the minimum components required in Section 616.1(c) of the Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10616.1(c).
B. 
Causes of action. See Section 617 of the Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 10617.
C. 
Enforcement remedies. See Section 617.2 of the Planning Code.[3]
[3]
Editor's Note: See 53 P.S. § 10617.2.
D. 
Jurisdiction. District Justices shall have initial jurisdiction over proceedings brought under Section 617.2 of the Planning Code.
A. 
Requirement for zoning permits. A zoning permit shall be required prior to the erection or alteration of any building, structure, or portion thereof, including signs and fences; prior to the use or change in use of a building or land; and prior to the change or extension of a nonconforming use or structure.
B. 
Application for zoning permits. Application for zoning permits shall be made to the Zoning Officer or, in the case of occupancy permits, to the Code Enforcement Officer on such forms as may be furnished by the Borough. Each application shall contain all information necessary to ascertain whether the proposed erection, alteration, use, or change in use complies with the provisions of this chapter.
C. 
Issuance of permits.
(1) 
No building or use permit shall be issued until the Zoning Officer has certified that the proposed building or alteration and the proposed use of the property comply with the provisions of this chapter.
(2) 
Permits shall be granted or refused within 45 days after the date of application. In case of refusal, the applicant shall be informed of his right to appeal to the Zoning Hearing Board.
D. 
Permits for trailers or other temporary structures. Prior to the placement or location of a trailer or other temporary structure on a site, a permit shall be obtained from the Zoning Officer as noted above in this section except as modified by § 196-126D. Such temporary permit shall be effective for not more than 90 days and may be renewed. However, the total continuous time for which temporary permits may be issued shall not exceed one year.
E. 
Expiration of permits. Permits for the erection, razing, change, alteration, or removal of a building shall be valid or effective for a period of not more than six months from the date of issuance thereof and shall thereafter be void, unless the work authorized by such permit shall have been substantially commenced within that period and continues with due diligence from that time forward. In no event shall a zoning permit be construed to authorize the development activities for more than a one-year period of time, after which time a new permit must be sought. If, however, the applicant has been delayed in proceeding with the work for which the permit was granted for reasons beyond his or her control and demonstrably not due to his or her own negligence, at the discretion of the Zoning Officer the permit may be renewed without additional costs to the applicant.
F. 
Occupancy permits.
(1) 
Applicability. An occupancy permit shall be deemed to authorize and is required for both initial and continued occupancy and use of the building or land to which it applies. Such a permit shall certify that the premises has been inspected and complies with all previously approved plans and all conditions or safeguards attached to the issuance of a zoning permit. It shall also certify that the premises complies with all other applicable requirements of the Borough of Marcus Hook. The following shall be unlawful until an occupancy permit shall have been applied for and issued by the Code Enforcement Officer:
(a) 
Occupancy and use of a building erected, reconstructed, restored, altered, moved, or any change in use of an existing building;
(b) 
Any change in ownership in residential structures.
(2) 
Applications.
(a) 
Application for an occupancy permit shall be made on forms furnished by the Borough after the building or part thereof has been erected, the change in use has been completed, or the land placed in use. In the case of a change in ownership of an existing residential building, an occupancy permit shall be applied for by the owner of such a building upon the sale.
(b) 
Application for an occupancy permit shall be accompanied by a payment of the required fee.
(3) 
Action by the Code Enforcement Officer (CEO).
(a) 
The CEO shall, within 15 days of application filing, inspect the premises and either certify its compliance with the previously approved plans and all conditions and safeguards stated upon issuance of an occupancy permit or deny such certification. In the case of a change in occupancy or use of an existing building or vacant land (when no zoning permit is required), the CEO shall verify compliance with the applicable zoning regulations.
(b) 
If the certification of the occupancy permit form is denied, the CEO shall state in writing the reasons for such denial.
G. 
Fees.
(1) 
Borough Council shall establish, by resolution, a schedule of fees, charges, expenses, and collection procedures for zoning permits, occupancy permits, conditional uses, variances, appeals, amendments, and other matters pertaining to this chapter.
(2) 
A schedule of fees shall be posted in the office of the Zoning Officer and may be altered or amended by Borough Council only.
(3) 
The cost of permits shall be based on a fee schedule as established from time to time by Borough Council.
(4) 
No action shall be taken on any application for any conditional use, variance, appeal, or other similar matter pertaining to this chapter until all application fees, charges, and expenses have been paid in full.
H. 
Enforcement remedies. Persons found to be in violation of this chapter shall pay a judgment of no more than is allowed by statute or Act 247 plus all court costs, including reasonable attorney fees incurred by the Borough. See Section 617.2 of the Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10617.2.
A. 
Power to amend. The regulations, restrictions, boundaries, and requirements set forth in this chapter may be amended, supplemented, changed, or repealed by Borough Council by amending this chapter in accordance with Sections 609, 609.1, and 609.2 of the Planning Code.[1]
[1]
Editor's Note: See 53 P.S. §§ 10609, 10609.1 and 10609.2, respectively.
B. 
Procedure for amendment.
(1) 
An ordinance amending, supplementing, or changing the district boundaries (Zoning Map) or the regulations established herein may be initiated:
(a) 
By Borough Council, upon its own initiative or upon recommendation of the Planning Commission.
(b) 
Upon a petition to Borough Council signed by the owners of 50% or more of the frontage of any area which shall be between two streets wherein a change of zoning regulations is being sought.
(c) 
By a landowner requesting an amendment or repeal. In the case of a curative amendment, the special requirements of Section 609.1 of the Planning Code[2] shall apply.
[2]
Editor's Note: See 53 P.S. § 10609.1.
(2) 
Before voting on the enactment of an amendment, Borough Council shall hold a public hearing thereon, pursuant to public notice. If the proposed amendment involves a map change, notice of said public hearing shall be conspicuously posted along the perimeter of the tract at least one week prior to the hearing.
(3) 
Borough Council shall submit each proposed zoning amendment, other than one prepared by the Planning Commission, to the Planning Commission at least 30 days prior to any hearing which is to be held on the proposed amendment to provide the Planning Commission with an opportunity to submit its recommendations prior to final action.
(4) 
If, after any public hearing held upon an amendment, the proposed amendment is revised or further revised to include land previously not affected by it, Borough Council shall hold another public hearing as required by law pursuant to public notice before proceeding to vote on the amendment.
(5) 
As required by the Planning Code, a copy of any proposed zoning amendment shall also be sent to the County Planning Commission at least 30 days prior to any hearing on the proposed amendment in order to provide the County Planning Commission an opportunity to submit its recommendations prior to final action on the amendment.
(6) 
The Borough may offer a mediation option as an aid in completing proceedings authorized in this section. In exercising such an option, the Borough and mediating parties shall meet the stipulations of Section 908.1 of the Planning Code.[3]
[3]
Editor's Note: See 53 P.S. § 10908.1.
(7) 
Within 30 days after enactment, a copy of the amendment to this chapter shall be forwarded to the Delaware County Planning Department.