§ 450-6. Permits and certificates.

A. 

Applicability.

(1) 

Any of the following activities or any other activity regulated by this chapter shall only be carried out in conformity with this chapter:

(a) 

Erection, construction, movement, alteration, razing, demolition, removal, placement or extension of a structure, building or sign;

(b) 

Change of the type of use or expansion of the use of a structure or area of land;

(c) 

Creation of a lot or alteration of lot lines; and/or

(d) 

Creation of a new use.

(2) 

Zoning permit. A zoning permit indicates that a zoning application complies with this chapter to the best knowledge of the applicable Borough staff.

(a) 

A zoning permit is required to be issued prior to the start of any of the following activities:

[1] 

Erection, construction, movement, placement, razing, demolition, removal, alteration or expansion of a structure, building or sign;

[2] 

Change of the type of use or expansion of the use of a structure or area of land;

[3] 

Creation of a new use;

[4] 

Demolition of a building; and/or

[5] 

Other activity that is required to have a permit under § 450-32 of this chapter.

(b) 

The Borough may, at its option, issue combined or separate building permits and zoning permits and/or may utilize a single or separate applications for the permits.

(c) 

The only determinations by the Zoning Officer that shall be official shall be a written determination after the Zoning Officer receives a duly submitted written official application.

(d) 

Other laws. The Zoning Officer may deny a zoning permit application if he/she has reason to believe that such a use or improvement would violate another Borough, state, federal law or regulation until such compliance is proven by the applicant.

(e) 

Expiration of zoning permit. After issuing a zoning permit by the Zoning Officer, no changes of any kind shall be made to the application, permit, plans, specifications or other documents submitted with the applications without the written consent or approval of the Zoning Officer. A zoning permit shall be good for one year. In the event that work as authorized in the zoning permit has not been completed within one year after the date of issuance, all work shall cease until the applicant obtains a time extension from the Zoning Officer. The applicant may be granted a time extension for a period of six months by the Zoning Officer. The Zoning Officer may deny subsequent time extensions, unless the applicant can show just cause as to why the work has not been completed.

(f) 

In the case that work contemplated or approved by a zoning permit is not completed within the time allotted by Subsection A(2)(e) of this section, the Borough of Walnutport shall be entitled to seek any and all remedies as set forth in § 450-10, Enforcement; violations and penalties, of this chapter, to remedy the failure to complete said construction within the time period granted by Subsection A(2)(e).

[Added 3-12-2009 by Ord. No. 2009-04]

(3) 

Certificate of use and occupancy.

(a) 

It shall be unlawful to use and/or occupy any structure, sign, land area or portion thereof for which a zoning permit is required until a certificate of use and occupancy for such activity has been issued by the Borough Staff.

(b) 

The Borough Staff may permit the zoning permit application to serve as the application for the certificate of use and occupancy.

(c) 

The certificate of use and occupancy shall only be issued by the Zoning Officer if the Zoning Officer determines that the activity complies with this chapter, to the best knowledge of the Zoning Officer. The Borough may also withhold issuance of the certificate until there is compliance with other Borough ordinances.

(d) 

The applicant shall keep a copy of the certificate of use and occupancy available for inspection.

(e) 

Upon the request of an applicant, the Zoning Officer may issue a temporary certificate of use and occupancy. Such temporary certificate may permit an activity to occur in all or part of a structure before the entire work covered by the permit has been completed.

[1] 

However, such temporary certificate shall only be issued if the applicant proves to the Zoning Officer that the activity or occupancy can occur safely without endangering public health or safety.

[2] 

The temporary certificate shall establish in writing a maximum time period under which it is valid. A six-month maximum time period shall apply if not otherwise specified.

[3] 

Failure to receive a permanent certificate of use and occupancy within such time period shall be a violation of this chapter.

[4] 

The temporary certificate may be conditioned upon compliance with certain specific requirements within certain time periods.

[5] 

See also Subsection F of this section.

B. 

Types of uses.

(1) 

Permitted-by-right uses. The Zoning Officer shall issue a permit under this chapter in response to an application for a use that is "permitted by right" if it meets all of the requirements of this chapter.

(2) 

Special exception use or application requiring a variance. A permit under this chapter for a use requiring a special exception or variance shall be issued by the Zoning Officer only in response to a written approval by the Zoning Hearing Board following a hearing.

(3) 

Conditional use. A use requiring zoning approval by the Borough Council under § 450-21.

C. 

Applications.

(1) 

Submittal. All applications for a zoning permit or a decision by the Zoning Hearing Board or Borough Council shall be made in writing on a form provided by the Borough. Such completed application, with required fees, shall be submitted to a designated Borough staffperson.

(2) 

Site plan. The applicant shall submit a minimum of two copies of a site plan with the application if the application involves a new building, expansion of a building or addition of three or more parking spaces. The site plan shall show the following:

(a) 

Locations, dimensions and uses of existing and proposed structures, parking and loading areas, and locations of existing and proposed uses of areas of land, with existing features clearly distinguished from proposed features;

(b) 

Notes showing the dimensions of all buildings from lot lines and street rights-of-way;

(c) 

Locations of any watercourses and any one-hundred-year floodplain;

(d) 

Proposed lot areas, lot widths and other applicable dimensional requirements;

(e) 

Locations and widths of existing and proposed sidewalks.

(3) 

Additional information. Any application under this chapter shall include the following information, unless the Zoning Officer determines such information is unnecessary to determine compliance with this chapter:

(a) 

The address of the lot;

(b) 

Name and address of the applicant, and of the owner of the property if different from the applicant;

(c) 

A description of the proposed use of the property;

(d) 

All other applicable information listed on the official Borough application form; and

(e) 

Such additional information that the Zoning Officer may determine is reasonably necessary to determine compliance with this chapter.

(4) 

Submittals to the Board. In addition to the information listed in Subsection C(3) above, an application requiring a site plan and action by the Zoning Hearing Board shall also include the following information, unless the Zoning Officer determines that such information is unnecessary to determine compliance with this chapter:

(a) 

The present zoning district and major applicable lot requirements;

(b) 

For a nonresidential use:

[1] 

A description of the proposed nonresidential operations and storage in sufficient detail to indicate potential nuisances and hazards regarding noise, large truck traffic, glare, odors, dust, fire or toxic or explosive hazards or other significant public health and safety hazards;

[2] 

A list of the maximum hours of operation.

(c) 

The existing directions of stormwater flow (and any proposed revisions), and any proposed methods of stormwater management;

(d) 

A listing of any sections of this chapter being appealed, with the reasons for any appeal;

(e) 

Approximate locations of principal buildings and locations of streets and alleys and zoning district boundaries within 100 feet of the boundaries of the tract, and description of uses of adjoining properties (such as "drugstore" or "single-family detached dwelling");

(f) 

Heights, locations, methods of illumination and intensity of exterior lighting and sign lighting;

(g) 

Name and address of person who prepared the site plan;

(h) 

Signed acknowledgment of the site plan by the applicant; and

(i) 

Such additional information required under applicable sections of this chapter.

(5) 

Ownership. No person other than a landowner or their specifically authorized agent or a tenant or lessee with written permission of the landowner shall submit a zoning application (see definition of "landowner" in Article III of this chapter).

D. 

Issuance of permits.

(1) 

At least one copy of each permit application and any other zoning approval shall be retained in Borough files.

(2) 

PennDOT permit. Where necessary for access onto a state road, a Borough zoning or building permit shall be automatically conditioned upon issuance of a PennDOT Highway Occupancy Permit.

E. 

Revocation of permits; appeal of permit or approval.

(1) 

Revocation. The Zoning Officer shall revoke, withhold or suspend a permit or approval issued under the provisions of this chapter in case of one or more of the following:

(a) 

Any false statement or misrepresentation of fact in the application or on the plans on which the permit or approval was based; (Note: The Pennsylvania Criminal Code provides for penalties for providing false information to a municipal employee in the carrying out of his/her duties.)

(b) 

Upon violation of any condition lawfully imposed by the Zoning Hearing Board upon a special exception use or variance;

(c) 

Any work being accomplished or use of land or structures in such a way that does not comply with this chapter or an approved site plan or approved permit application; and/or

(d) 

For any other just cause set forth in this chapter.

(2) 

Appeals. A party with legitimate standing, or as otherwise provided by state law, may appeal decisions under this chapter within the provisions of the Pennsylvania Municipalities Planning Code. Any such appeal shall occur within the time period established in the Pennsylvania Municipalities Planning Code. (As of the adoption date of this chapter, such provisions were in Sections 914.1 and 1002-A.)

Editor's Note: See 53 P.S. §§ 10914.1 and 11002-A, respectively.

F. 

Zoning permit for temporary uses and structures.

(1) 

A zoning permit for a temporary use or structure may be issued by the Zoning Officer for any of the following:

(a) 

Customary, routine and accessory short-term special events, provided that only a well-established nonprofit organization or a permitted place of worship proposing a temporary use to clearly primarily serve a charitable, public service or religious purpose shall be eligible to receive approval for commercial-type activities in a district where a commercial use would not otherwise be permitted;

(b) 

Temporary storage and office trailers that are necessary to serve on-site construction, while such construction is actively underway;

(c) 

Such other activities that the applicant proves are routine, customary and temporary.

(2) 

Time period. The Zoning Officer shall state a reasonable maximum time period on the temporary permit. If no time limit is stated, then a six-month maximum period shall apply. A temporary permit may be renewed for just cause.

G. 

Compliance with Chapter 395, Subdivision and Land Development.If an application under this chapter would also be regulated by Chapter 395, Subdivision and Land Development, then any permit or approval under this chapter shall automatically be conditioned upon compliance with Chapter 395, Subdivision and Land Development. See the definitions of "land development" and "subdivision" in Chapter 395, Subdivision and Land Development.

(1) 

For example, if an applicant applies for a single-family detached dwelling on a proposed new lot, the construction permit for such dwelling shall not be valid until after the lot is granted final subdivision approval and the lot is officially recorded by the County Recorder of Deeds.