Hatfield Township City Zoning Code
ARTICLE XXVII
Administration
§ 282-214 Administration and enforcement.
The provisions of this chapter shall be enforced by a Zoning Officer and Building Inspector with the aid of the Police Department and other municipal agents and agencies. The Zoning Officer and Building Inspector shall be appointed by the Board of Commissioners as provided by law. He shall examine all applications for permits, issue permits only for construction and uses which are in accordance with the requirements of this chapter, record and file all applications for permits with any accompanying plans and documents, which shall be matters of public record, and make such reports as the Board of Commissioners may require. Permits for construction and uses which are a special exception or a variance from the requirements of this chapter shall be issued only upon order of the Zoning Hearing Board.
§ 282-215 Appointment and powers of Zoning Officer.
It shall be the duty of the Zoning Officer and he shall have power to:
A.
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.
B.
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 this chapter 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.
C.
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.
D.
Make written orders requiring compliance with the provisions of this chapter to be served personally as provided by law.
E.
Institute proceedings in courts of proper jurisdiction for the enforcement of provisions of this chapter.
F.
Maintain a map showing the current zoning classification of all land.
G.
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.
H.
Issue building permits for subdivisions only after receipt of a copy of the subdivision plan signed by the Township Commissioners and Planning Commission and proof of payment of applicable fees.
§ 282-216 Requirements of building and/or occupancy permits.
[Amended 10-23-2024 by Ord. No. 706]
A building and occupancy permit shall be required prior to any of the following:
A.
It shall be unlawful to construct, enlarge, alter or demolish a structure, or change the occupancy of a building or structure requiring greater strength, exitway, or sanitary provisions, or to change to another use, or to install or alter any equipment for which provision is made or the installation of which is regulated by the adopted Building Code of Hatfield Township, as last revised,[1] until a zoning permit is obtained from the Zoning Officer.
B.
Change in use of any building or structure.
C.
Use of land or change in the use thereof, except that the placing of vacant land under cultivation shall not require a use and occupancy permit.
D.
Change in use of a nonconforming use.
E.
Whenever there is a change in ownership and/or occupancy in any nonresidential establishment within Hatfield Township, all new owners and/or occupants shall be required to apply for and obtain a use and occupancy permit. Additionally, any new construction or modification of existing residential units due to structural damage shall be required to obtain a use and occupancy permit.
F.
It shall be unlawful for any person to transfer, sell, assign, lease or have occupied any building where there is new construction when said builder or developer has not obtained a use and occupancy permit and completed the structure in conformity with all Hatfield Township ordinances, resolutions, rules and regulations.
G.
Certificate to be required. No existing dwelling unit subject to transfer or sale of ownership shall be occupied or used until a certificate of occupancy has been issued by the Building Inspector of the Township. The Building Inspector shall, after application for such certificate by the owner or the agent of the owner of the premises to be occupied has been made on forms provided for such purpose by the Township, inspect the dwelling unit or units pursuant to the following:
(1)
Contents, responsibility for obtaining. The certificate of occupancy shall state the use to which the dwelling unit is to be put. No change in the use or ownership of any dwelling unit shall be made until a certificate of occupancy has been issued in accordance with Subsection G. It shall be the duty of any person who shall sell or otherwise transfer ownership of any dwelling unit to another person to apply for and obtain the certificate of occupancy required by this article prior to such transfer of ownership and any. use or occupancy of such premises; provided, however, that the failure on the part of such seller or transferor to obtain such certificate shall not excuse the purchaser or transferee of such premises from the requirement of this article.
(2)
Revocation. Any certificate of occupancy issued hereunder may be revoked in the event that the dwelling unit is determined to be unsafe or uninhabitable, or that a condition exists which is in violation of any ordinances of the Township, or that the actual use is in violation of any ordinances of the Township. In the event that the certificate of occupancy is issued subject to conditions, such certificate may be revoked if such conditions remain unsatisfied within the time limit provided for at the time of issuance of such conditional certificate.
(3)
Fee. The applicant for a certificate of occupancy shall pay, at the time of application, a fee to the Township in the amount established by the Board of Commissioners by a fee schedule adopted by resolution from time to time.[2] Such fee shall be nonrefundable in the event that the Building Inspector shall refuse to issue a certificate of occupancy after inspection.
§ 282-217 Application for building permits.
All applications for permits shall be made in writing by the owner or tenant or authorized agent, and shall be filed with the Zoning Officer on forms prescribed by him. The Zoning Officer shall require with the application some or all of the following depending upon whether the permit is for alteration or development of a previously undeveloped property:
A.
A statement as to the proposed use of the building.
B.
A plan drawn to scale, showing the location of the building in relation to property and road lines.
C.
A statement that the side lines of all roads shown on the plan have been located and staked on the premises by a surveyor or other person competent to give such location.
D.
The name and address of the person who has so located and staked the road lines.
§ 282-218 Issuance of building permits.
No building permit shall be issued until the Zoning Officer has certified that the proposed building, structure or alteration complies with the provisions of this chapter and other applicable ordinances. Upon completion of the erection, addition to, or alteration of any building, structure or portion thereof authorized by any building permit obtained in compliance with this chapter, and prior to use or occupancy, the holder of such permit shall notify the Zoning Officer of such completion. Use and occupancy shall not be authorized until the Zoning Officer has certified that the work has been inspected and approved as being in conformity with this and other applicable ordinances, and has issued a use and occupancy permit as provided below. However, this certificate of occupancy shall in no way be construed to warrant in any way the workmanship, safety, or quality of the structure or building permits used to construct the said structure or alterations thereto. The said certificate of occupancy is issued for administrative purposes in promoting the general health, safety, morals, welfare and orderly development of the community.
§ 282-219 Application for use and occupancy permits.
All applications for use and occupancy permits shall be made in writing on forms furnished by the Township and shall include all information necessary to enable the Zoning Officer to ascertain compliance with this chapter.
§ 282-220 Issuance of use and occupancy permits.
A.
No use and occupancy permit shall be issued until the Zoning Officer has certified that the proposed use complies with all the provisions of this chapter. Pending completion of a building or of alterations thereto, a temporary use and occupancy permit may be issued by the Zoning Officer for a temporary occupancy of a part or all of a building, provided that such temporary occupancy would not in any way jeopardize life or property. However, this certificate of occupancy shall in no way be construed to warrant in any way the workmanship, safety, or quality of the structure or building materials used to construct the said structure or alterations thereto. The said certificate of occupancy is issued only for administrative purpose in promoting the general health, safety, morals, welfare and orderly development of the community.
B.
The charge for the issuance of a use and occupancy permit for any building erected, constructed or altered in Hatfield Township shall be in accordance with a fee schedule to be established from time to time by resolution of the Board of Commissioners.[1]
C.
Commencing as of January 1, 1972, and every year thereafter, the record deed owner of all apartment buildings located within the Township shall be required to apply to the Hatfield Township Building Inspector and receive a renewal of the use and occupancy permit on each apartment unit so that an inspection may be made thereof by the Township to ascertain that the rules and regulations pertaining to the construction, maintenance, and upkeep of apartments are being complied with. The renewal date each year shall be January 1 and each renewal shall be valid for a period commencing January 1 to December 31 of each year.
D.
The responsibility for applying and obtaining a renewal or use and occupancy permits for each apartment unit, each and every year, shall be that of the record deed owner of all apartment building within the Township. In addition, the annual fee per unit for an occupancy renewal certificate shall be established from time to time by resolution of the Board of Commissioners.
§ 282-221 Issuance or refusal of permits.
If the Zoning Officer determines that an application is in compliance with the provisions of this chapter, it shall be his duty to issue the appropriate permit; and if he determines that an application is not in compliance with the provisions of this chapter, it shall be his duty to refuse the permit, in which case he shall instruct the applicant in the method of appeal or application to the Zoning Hearing Board.