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Marlborough Township
City Zoning Code

ARTICLE II

Administration

§ 275-4 Legislative intent.

In expansion of, and in addition to, the declaration of legislative intent and statement of community development objectives found in Article I, §§ 275-2 and 275-3, of this chapter, it is the intent of this article to promote the public health, safety, and general welfare of the Township inhabitants by providing specific duties and responsibilities for the Building Code Official in the issuance of building and occupancy permits, and the procedures for obtaining the same, as contained in this article.

§ 275-5 Appointment of Building Code Official.

The provisions of this chapter shall be administered and enforced by a Building Code Official.
A. 
The Board of Supervisors shall annually appoint to a one-year term a Building Code Official who shall meet qualifications established by the Supervisors and demonstrate a working knowledge of municipal zoning. The Building Code Official may succeed himself.
B. 
The Building Code Official shall receive compensation as determined by resolution of the Board of Supervisors.
C. 
The Building Code Official shall make reports to the Board of Supervisors as it may require.

§ 275-6 Building Code Official's authority and responsibilities.

The Building Code Official shall have the authority to perform the following responsibilities:
A. 
Receive all applications for building permits and use and occupancy permits.
B. 
Keep a public record of these applications, including:
(1) 
All relevant plans and information submitted therewith.
(2) 
Permits issued in their regard.
(3) 
Any special conditions attached thereto.
C. 
Review these applications for compliance with the literal terms of this chapter, all other applicable ordinances, and the laws and regulations of the Commonwealth of Pennsylvania which are relevant to the subject and intent of this chapter.
D. 
Issue no permit unless it conforms literally with this chapter, all other applicable ordinances, and the laws and regulations of the Commonwealth of Pennsylvania which are relevant to the subject and intent of this chapter.
(1) 
When the Zoning Hearing Board grants a special exception or variance, the application shall be considered in compliance with this chapter for the purpose of issuing permits; the Zoning Hearing Board action shall be made a part of the public record of these applications.
(2) 
The Building Code Official shall issue permits in regard to such applications only upon receipt of written evidence from the Zoning Hearing Board attesting to the granting of the special exception or variance.
E. 
Enlist the assistance of other municipal agents and agencies in performing these responsibilities.
F. 
Conduct inspections and surveys to determine compliance or noncompliance with the terms of this chapter.
G. 
Make written orders requiring compliance with the provisions of this chapter to be served personally or by certified mail.
H. 
Institute proceedings in courts of proper jurisdiction for the enforcement of provisions of this chapter, at the direction of the Board of Supervisors.
I. 
Have available a map showing the current zoning classification of all land.
J. 
Maintain a record of the identity, location, and type of uses assigned nonconforming status, as well as documentation of the evidence and reasoning that led to the assignment of nonconforming status.
K. 
Participate in proceedings before the Zoning Hearing Board, either at the request of the Board of Supervisors as a representative of the Township or at the request of the Zoning Hearing Board as a sworn witness presenting fact and information.

§ 275-7 Requirements for building and/or use and occupancy permits.

A. 
The requirements for the application, review, and issuance of building permits are found in the Marlborough Township Building Code, as amended.[1]
[1]
Editor's Note: See Ch. 111, Construction Codes, Uniform.
B. 
A use and occupancy permit shall be required for:
(1) 
Use and occupancy of any new construction, or any new alteration or addition to an existing structure, whether or not a building permit is required. No permit fees or occupancy fees shall be charged for farm buildings constructed or altered for purposes limited to agricultural use of the tract.
(2) 
Change in use of any building or structure, whether or not the change involves physical alteration to the building or structure.
(3) 
Use of land or change in the use land, except that the placing of vacant land under cultivation shall not require a use and occupancy permit.
(4) 
Change in use of a nonconforming use.
(5) 
Change of occupancy in any commercial or industrial establishments. All new occupants of buildings shall be required to apply for and obtain a use and occupancy permit.
C. 
It shall be a violation of this chapter for any person to use or occupy any building, structure, or land until a use and occupancy permit has been duly issued.

§ 275-8 Use and occupancy permits.

A. 
Applications. Applications for use and occupancy permits shall be made in writing by the owner or tenants or authorized agent, and shall be filed with the Building Code Official on forms prescribed by him. The Building Code Official shall require with the application some or all of the following, depending on whether the permit is for alteration or development of a previously undeveloped property:
(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.
(3) 
A statement that the property and right-of-way lines 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 lines.
(5) 
A copy of the decision of the Zoning Hearing Board granting any special exception or variance required for the proposed use or building.
B. 
Application with building permit. When a use and occupancy permit is sought in connection with a building permit, applications for both permits shall be filed and reviewed concurrently.
C. 
Completion of construction. Upon completion of the construction, addition to, or alteration of any building or structure 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 Building Code Official of such completion. Use and occupancy shall not be authorized until the Building Code Official has certified that the work has been inspected and approved as being in conformity with this and other applicable ordinances, and the permit fee has been paid.
D. 
Temporary use and occupancy. Pending completion of a building or alterations thereto, a temporary use and occupancy permit may be issued with limits and conditions as established by the Building Code Official for a temporary occupancy of a part or all of a building, provided that such temporary occupancy would not tend in any way to jeopardize life or property.
E. 
Issuance of a use and occupancy permit, or temporary use and occupancy permit, 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 said structure or alterations thereto. Said permit is issued only for administrative purposes in promoting the general health, safety, welfare and orderly development of the community.

§ 275-9 Issuance or refusal of permits.

If the Building Code Official 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 as hereinafter set forth for appeal or application to the Zoning Hearing Board.

§ 275-10 Appeal from Building Code Official's decision.

An appeal from the decision of the Building Code Official shall be made within 30 days, according to the procedures described herein.

§ 275-11 Expiration of permits.

A use and occupancy permit shall expire six months after the date of issuance unless the permittee shall have commenced substantial construction or utilization of the property which is the subject of the permit in accordance with the intent thereof. The Building Code Official may authorize a six-month extension where, in his opinion, circumstances warrant an extension.

§ 275-12 Fees.

The applicant for a building permit or use and occupancy permit shall, at the time of making application, pay to the Township a fee in accordance with a fee schedule adopted by resolution of the Board of Supervisors.