The purpose of this article is to set forth procedures for the
administration and enforcement of this chapter, in accordance with
the Pennsylvania Municipalities Planning Code, Act 247, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
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 Municipalities Planning Code, Act 247, as amended,[1] hereinafter referred to in this article as "the MPC."
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
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.
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 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 Council, the Planning Commission, or the 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.
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 MPC, as amended.
H.
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.
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 MPC.[1]
[1]
Editor's Note: See 53 P.S. § 10616.1(c).
A.
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 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.
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 § 213-118. 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.
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 have been inspected and comply 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 comply
with all other applicable requirements of the Borough of Ridley Park.
The following shall be unlawful until an occupancy permit shall have
been applied for and issued by the Code Enforcement Officer:
(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 their 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 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 special
exception, conditional use, variance, appeal, or other similar matter
pertaining to this chapter until all application fees, charges, and
expenses have been paid in full.
A.
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 MPC.[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:
(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 MPC,[3] 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.
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
(7)
Within 30 days after enactment, a copy of the amendment to this
chapter shall be forwarded to the Delaware County Planning Department.
