Borough of Schwenksville, PA Article XXI Administration

§ 176-2100 Appointment and qualifications of Zoning Officer.

The provisions of this chapter shall be enforced by a Zoning Officer with the aid of pointed contracted officials. The Zoning Officer shall be appointed at the first meeting of the Borough Council following the adoption of this chapter to serve until the first day of January next following and shall thereafter be appointed annually to serve a term of one year and/or until his successor is appointed. The Zoning Officer may succeed himself or herself. They shall receive such compensation as the Borough Council by resolution shall provide.

§ 176-2101 Powers and duties.

A. It shall be the duty of the Zoning Officer and he or she shall have power to:

1. Keep a record of all plans and applications for permits and all permits issued with notations as to special conditions attached thereto. All records shall be open for public inspection.

2. Review applications for zoning permits for erections or alterations of structures or changes of use; determine whether such construction or use is in accordance with the general requirements of the chapter, all other applicable ordinances and with the laws and regulations of the commonwealth. The Zoning Officer shall issue no permit unless it conforms with all applicable ordinances, statutes and regulations.

3. Conduct inspections and surveys to determine compliance or noncompliance with the terms of this chapter. In carrying out such surveys, the Zoning Officer or his representative may enter upon any land or buildings.

4. Make written orders requiring compliance with the provisions of this chapter to be served personally or by registered mail.

5. Institute proceedings in courts of proper jurisdiction for the enforcement of provisions of this chapter.

6. Maintain a map showing the current zoning classification of all land.

7. Maintain a map and register showing the registration, identity, location, and type of all nonconforming uses.

8. Participate in all proceedings before the Zoning Hearing Board, present facts and information to assist the Board in reaching a decision which shall be compatible with this chapter; and have decisions of Board reviewed in a court of proper jurisdiction when, in the judgement of the Zoning Officer, such review is desirable or indicated.

B. The Zoning Officer shall administer the Zoning Chapter in accordance with its literal terms and shall not permit any construction or any use or change of use which does not conform to the Zoning Chapter. The Zoning Officer shall have all the powers and responsibilities ascribed to him or her and be limited as provided in Act No. 247 approved July 31, 1968, and all amendments or supplements thereto which may be hereafter enacted.

C. The Zoning Officer shall issue no permit for the construction or use of any land or building unless it also conforms to the requirements of all other ordinances of Schwenksville Borough and the laws of the Commonwealth.

§ 176-2102 Permits.

A. No building shall be constructed or altered in the Borough or the use of any building changed, nor vacant land occupied until a zoning permit is secured from the Zoning Officer.

B. Upon completion of the work authorized by any permit the applicant or owner shall notify the Zoning Officer of said completion. No permit shall be considered as complete or permanently effective until the Zoning Officer shall have inspected the premises after completion of such work and has noted on the permit that the work has been inspected and approved as being in conformity with the provisions of the chapter.

§ 176-2103 Application for permit; certificate of approval.

A. All applications for zoning permits shall be made in writing by the owner or tenants or authorized agent and shall be filed with the Zoning Officer on forms prescribed by the Borough. The application shall include the following information when applicable or required by the Zoning Officer:

1. A statement as to the proposed use of the building.

2. A plan, drawn to scale, showing the location of the building in relation to property and right-of-way lines and required setbacks.

3. A statement that the side lines of all right-of-ways shown on the plan have been located and staked on the premises by a surveyor or other person competent to give such location.

4. The name and address of the person who has so located and staked the right-of-way lines. Such plan shall show the location of existing water and sewer lines and all other public utilities, together with the proposed location of all access and connections thereto.

5. The location, dimensions and arrangements of all open space, yards and buffer yards, including methods to be employed for screening.

6. The location, size, arrangement and capacity of all areas to be used for motor vehicle access, off-street parking, off-street loading and unloading and provisions to be made for lighting such areas.

7. The dimensions, location and methods of illumination for signs, if applicable.

8. The location and dimensions of sidewalks and all other areas to be devoted to pedestrian use.

9. Provisions to be made for treatment and disposal of sewage and industrial wastes, water supply and storm drainage.

10. The capacity and arrangement of all buildings used or intended to be used for dwelling purposes, including the proposed density in terms of number of dwelling units per acre of land.

11. A description of any proposed industrial or commercial operations in sufficient detail to indicate effects of those operations in producing noise, glare, air pollution, water pollution, fire hazards, traffic congestion or other safety hazards.

12. Description of methods to be employed in controlling any excess noise, air pollution, smoke, fumes, water pollution, fire hazards or other safety hazards.

13. Any other data deemed necessary by the Zoning Officer to enable him to determine the compliance of the proposed development with the terms of this article.

B. If the applicant desires the Zoning Hearing Board to grant a special exception; then, in addition, the application shall set forth the nature of the special exception and shall state briefly the reasons why such special exception should be granted and any other information the Zoning Hearing Board may require.

§ 176-2104 Period of validity of permit.

Any erection, construction, reconstruction, alteration or moving of a building or other structure, including a sign authorized by a zoning permit, shall be commenced, and any change in use of a building or land authorized by a zoning permit shall be undertaken, within one year after the date of issuance of the permit. If not, the permit shall be considered null and void. However, in case of erection or construction of a building, the right to proceed with construction may be extended annually without additional fees for an aggregate period of not more than three years, provided that the construction pursuant to said permit has commenced within the first one-year period.

§ 176-2105 Certificate of occupancy.

A. Hereafter, no structure erected, constructed, reconstructed, altered, extended or moved, and no land or building changed in use, ownership or tenancy under a zoning permit, shall be occupied or used in whole or in part for any use whatsoever, until the owner and authorized agent has been issued a certificate of occupancy by the Zoning Officer, indicating that the building or use complies with the terms of zoning as provided in this chapter.

B. No certificate shall be issued until the premises in question has been inspected and found by the Zoning Officer to be in compliance with the Zoning Chapter.

C. The issuance of a certificate of occupancy in no way absolves the owner or authorized agent from compliance with the intent of this chapter.

§ 176-2106 Appeals from decisions of Zoning Officer.

An appeal from the decision of the Zoning Officer shall be taken within 30 days.

§ 176-2107 Fees.

The applicant for a permit shall, at the time of making the application, pay to the Zoning Officer for the use of the Borough, a fee in accordance with a fee schedule adopted by resolution of the Borough Council upon the enactment of this chapter, or as such schedule may be amended by resolution of the Borough Council.