In expansion of, and in addition to, the Declaration of Legislative Intent and Statement of Community Development Objectives found in Part 1, §§ 27-102 and 27-105, of this Chapter, it is the intent of this Part to promote the public health, safety and general welfare of the Borough inhabitants by providing specific duties and responsibilities for the Zoning Officer in the issuance of building and occupancy permits, and the procedures for obtaining the same, as contained in this Part.

(Ord. 379, 7/6/2009, § 1701)

   For the administration of this Chapter, a Zoning Officer, who shall not hold any elective office in the Borough, shall be appointed.

      A.   The Zoning Officer shall meet the qualifications established by the Borough and shall be able to demonstrate to the satisfaction of the Borough a working knowledge of municipal zoning.

      B.   The Zoning Officer shall administer this Chapter in accordance with its literal terms, and shall not have the power to permit any construction or any use or change of use which does not conform to this Chapter.

      C.   The Zoning Officer is hereby authorized to institute civil enforcement proceedings as a means of enforcement when acting within the scope of his employment.

(Ord. 379, 7/6/2009, § 1702)

   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.

      B.   Review applications for zoning permits for erections or alterations of structures or changes of use, determine whether such construction or use in accordance with the general requirements of this 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.

      C.   Conduct inspection 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 when they have obtained an administrative search warrant.

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

      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.   The Zoning Officer shall issue no permit for the construction or use of any land or buildings unless it also conforms to the requirements of all other ordinances of Telford Borough.

(Ord. 379, 7/6/2009, § 1703)

   1.   The requirements for the application, review and issuance of building permits are found in the Uniform Construction Code of Pennsylvania, as amended.

   2.   A use and occupancy permit shall be required for:

      A.   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.

      B.   Change in use of any building or structure, whether or not the change involves physical alteration to the building or structure.

      C.   Use of land or change in the use of land, 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.   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.

   3.   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.

(Ord. 379, 7/6/2009, § 1704)

   1.   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 Zoning Officer on forms prescribed by Telford Borough. The application shall include the following:

      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 right-of-way lines.

      C.   The name and address of the person who has so located and staked the lines.

      D.   A copy of the decision of the Zoning Hearing Board granting any special exception, conditional use or variance required for the proposed use or building.

   2.   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.

   3.   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 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 the permit fee has been paid.

   4.   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 Zoning Officer 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.

   5.   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 the 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.

(Ord. 379, 7/6/2009, § 1705)

   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 deny the permit, in which case he shall instruct the applicant in the method as hereinafter set forth of appeal or application to the Zoning Hearing Board.

(Ord. 379, 7/6/2009, § 1706)

   An appeal from the determination of the Zoning Officer shall be made within 30 days.

(Ord. 379, 7/6/2009, § 1707)

   A zoning permit issued by the Zoning Officer shall be valid for 1 year following the date of issuance.

(Ord. 379, 7/6/2009, § 1708)

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

(Ord. 379, 7/6/2009, § 1709)