[Ord. 11-15-79]
In interpreting and applying the provisions of this chapter,
they shall be held to be the minimum requirements for the promotion
of public health, safety, comfort and general welfare.
[Ord. 11/15/1979; as amended by Ord. 1/23/92]
1. For the administration of this chapter, a Zoning Officer, who shall
not hold any elective office in the Township, shall be appointed.
2. The Zoning Officer shall meet the qualifications established by the
Township and shall be able to demonstrate to the satisfaction of the
Township a working knowledge of municipal zoning.
3. 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.
4. 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. 11/15/79; as amended by Ord. 1/23/92]
1. Zoning permits shall hereinafter be secured from the Township Zoning Officer, at a fee to be determined from time to time by the Board of Supervisors, prior to construction, erection, or alteration of any building or part of building, costing or valued at $50 or more; except as otherwise stated in Part
4 of this chapter; and prior to the construction or erection of any stationary sign or bill board. All requests for zoning permits shall be made in writing by the owner or by his authorized agent and shall include a statement of the use or intended use of the building or structure after construction, erection or alteration, and shall be accompanied by a plan drawn to scale, showing the proposed building line in its exact relation to lot and street lines as well as satisfactory evidence that the line or lines of the bounding street or streets has or have been accurately located on the ground.
2. No zoning permit shall be issued until satisfactory evidence has
been submitted to the Township Zoning Officer showing that:
A. A map, plan or plat of any subdivision or land development, drawn to scale and showing lot and street lines has been approved by the Board of Supervisors of Logan Township in accordance with the terms and provisions of Township Ordinance No. 5-17-79, entitled the "Logan Township Subdivision and Land Development Ordinance." [Chapter
22] The term "subdivision" as used herein shall mean the division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.
B. A road occupancy permit, if required, has been issued by the Commonwealth
of Pennsylvania, Department of Transportation, or the Township of
Logan.
C. A permit to tap onto a public sewerage system has been issued by
Logan Township, Central Blair County Sanitary Authority, or other
appropriate authority, or a permit has been issued for a septic tank,
individual sewer system, or community sewer system by the Commonwealth
of Pennsylvania, Department of Environmental Resources. As amended
August 3, 1972.
[Ord. 11/15/1979; as amended by Ord. 1-23-92]
1. There is hereby created for the Township a Zoning Hearing Board in
accordance with the provisions of Article IX of the Pennsylvania Municipalities
Planning Code, 53 P.S. § 10901 et seq.
2. The membership of the Board shall consist of three residents of the
Township appointed by resolution by the Board of Supervisors. The
terms of office shall be for three years and shall be so fixed that
the term of office of one member shall expire each year. The Board
shall promptly notify the Board of Supervisors of any vacancies which
occur. Appointments to fill vacancies shall be only for the unexpired
portion of the term. Members of the Board shall hold no other office
in the Township.
3. Any Board member may be removed for malfeasance, misfeasance or nonfeasance
in office or for other just cause by a majority vote of the Board
of Supervisors which appointed the member, taken after the member
has received 15 days' advance notice of the intent to take such a
vote. A hearing shall be held in connection with the vote if the member
shall request it in writing.
4. The Board shall elect from its own membership its officers, who shall
serve annual terms as such and may succeed themselves. For the conduct
of any hearing and the taking of any action a quorum shall be not
less than a majority of all the members of the Board, but the Board
may appoint a hearing officer from its own membership to conduct any
hearing on its behalf and the parties may waive further action by
the Board as provided in this chapter.
5. The Board may make, alter and rescind rules and forms for its procedure,
consistent with ordinances of the Township and laws of the Commonwealth.
The Board shall keep full public records of its business, which records
shall be the property of the Township and shall submit a report of
its activities to the Board of Supervisors as requested by the Board
of Supervisors.
6. Within the limits of funds appropriated by the Board of Supervisors,
the Board may employ or contract for secretaries, clerks, legal counsel,
consultants and other technical and clerical services. Members of
the Board may receive compensation for the performance of their duties,
as may be fixed by the Board of Supervisors, but in no case shall
it exceed the rate of compensation authorized to be paid to the members
of the Board of Supervisors.
[Ord. 11/15/1979; as amended by Ord. 1-23-92]
Where the Board of Supervisors, in this chapter, has stated
special exceptions to be granted or denied by the Zoning Hearing Board
pursuant to express standards and criteria, the Board shall hear and
decide requests for such special exceptions in accordance with such
standards and criteria. In granting a special exception, the Board
may attach such reasonable conditions and safeguards, in addition
to those expressed in this chapter, as it may deem necessary to implement
the purposes of this chapter and Article IX of the Pennsylvania Municipalities
Planning Code, 53 P.S. § 10101 et seq.
[Ord. 1-23-92]
The Zoning Hearing Board shall conduct hearings and make decisions
in accordance with the Pennsylvania Municipalities Planning Code,
53 P.S. § 10901 et seq., as amended.
[Ord. 1-23-92]
The Board of Supervisors of the Township of Logan may prescribe
reasonable fees with respect to hearings before the Zoning Hearing
Board. 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 hearing.
The cost, however, shall not include legal expenses of the Zoning
Hearing Board, expenses for engineering, architectural or other technical
consultants or expert witness costs.
[Ord. 11/15/1979; as amended by Ord. 10/27/1988; and by Ord.
1-23-92]
1. Any person, partnership or corporation who or which has violated
or permitted the violation of the provisions of this chapter shall,
upon being found liable therefor in a civil enforcement proceeding
commenced by the Township, pay a judgment of not more than $500 plus
all court costs, including reasonable attorney fees incurred by the
Township as a result thereof. No judgment shall commence or be imposed,
levied or payable until the date of the determination of a violation
by the district justice. If the defendant neither pays nor timely
appeals the judgment, the Township may enforce the judgment pursuant
to the applicable rules of civil procedure. Each day that a violation
continues shall constitute a separate violation, unless the district
justice determining that there has been a violation further determines
that there was a good faith basis for the person, partnership or corporation
violating this chapter to have believed that there was no such violation,
in which event there shall be deemed to have been only one such violation
until the fifth day following the date of the determination of a violation
by the district justice and thereafter each day that a violation continues
shall constitute a separate violation.
2. Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than the Township the right
to commence any action for enforcement pursuant to this section.
3. District justices shall have initial jurisdiction over proceedings
brought under this section.