Folcroft City Zoning Code
ARTICLE XX
Administration, Enforcement, and Amendment
§ 600-170 Purpose.
§ 600-171 Administration.
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, hereinafter referred to in this article as "the MPC."
B.
There shall be a Zoning Officer (ZO) who shall be appointed by Borough Council. The powers and duties of the ZO listed in this article may be exercised by the Borough Manager and, in some cases, the Building Code Official. All employees engaged in the administration and enforcement of this chapter shall report to the appropriate Council Committee person and the Borough Manager.
C.
The ZO and Borough Manager shall not hold any elected office in the Borough.
D.
The ZO 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 ZO may be authorized to institute civil and criminal enforcement proceedings as a means of enforcing this chapter.
F.
The following duties shall be performed by the ZO:
(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 ZO, 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 Borough 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 ZO 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.
There shall be a Building Code Official (BCO) who has enforcement rights under this chapter in situations where construction, alterations, repairs, or other physical work on a lot has commenced, and a zoning permit has not been obtained as per this chapter. The BCO shall have the right to order the stop of work and require the violator to acquire permits in accordance with this chapter. In the case of a vacancy in the position, vacation, or other instance deemed reasonably appropriate by Borough Council, the BCO may render a zoning determination in lieu of the ZO.
I.
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 ZO who shall record such complaint promptly and immediately investigate and take action thereon as provided in this chapter.
§ 600-172 Enforcement.
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).
§ 600-173 Permits.
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 ZO, or in the case of occupancy permits, to the BCO, on such forms as shall 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 ZO 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 or her 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 ZO as noted above. 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 ZO, 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. The following shall be unlawful until an occupancy permit shall have been applied for and issued by the BCO:
(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, the owner of such a building shall apply for an occupancy permit upon its sale.
(b)
Application for an occupancy permit shall be accompanied by a payment of the required fee.
(3)
Action by the Building Code Official (BCO).
(a)
The BCO 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 BCO shall verify compliance with the applicable zoning regulations.
(b)
If the certification of the occupancy permit form is denied, the BCO shall state in writing the reasons for such denial.
G.
Conditional use permit. After review of a conditional use application and its compliance with all applicable provisions of this article and Article XVI, Council shall make a determination on issuing a conditional use permit.
H.
Fees.
(1)
Folcroft Borough Council shall establish, by resolution, a schedule of fees, charges, expenses, and collection procedures for zoning permits, occupancy permits, conditional uses, special exceptions, variances, appeals, amendments, and other matters pertaining to this chapter.
(2)
A schedule of fees shall be posted in the office of the ZO 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, special exception, variance, appeal, or other similar matter pertaining to this chapter until all application fees, charges, and expenses have been paid in full.
§ 600-174 Amendments.
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. In addition, a mailing shall be sent to the real estate tax bill addresses of all real property within the area being rezoned at least 30 days prior to the public hearing date. The mailing must include at least the date, time, and location of 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, 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.
(7)
Within 30 days after enactment, a copy of the amendment to this chapter shall be forwarded to the Delaware County Planning Department.
§ 600-174.1 Charges
[Added 8-16-2022 by Ord. No. 2022-04]
In addition to other charges authorized under this chapter, the Borough Council shall prescribe reasonable fees with respect to applications and hearings before the Zoning Hearing Board and conditional use hearings before the Borough Council. Fees for said hearings may include compensation for the Secretary and members of the Zoning Hearing Board, notice and advertising costs and necessary administrative overhead connected with the hearings. Said charges shall be established from time to time by the Borough Council by resolution. In addition, the cost of the original transcript shall be paid by any person appealing from the decision of the Zoning Hearing Board, unless the Board had previously ordered such transcript and, in any case, the cost of copies of the transcript shall be borne by the party requesting such copies.