For the administration and enforcement of this
chapter, a Zoning Officer, who may not hold any elective office in
the Township, shall be appointed by the Manager. The Zoning Officer
shall administer and enforce 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.
A. Duties of the Zoning Officer. The duties of the Zoning
Officer shall be as follows:
(1) To examine, record and file all applications for zoning
permits, with any accompanying plans and documents, and to issue such
permits only for lots, uses and structures which are in conformity
with the provisions of this chapter.
(2) To identify and register nonconforming uses and structures.
(3) To post a schedule of fees in his office.
(4) To receive complaints and notify persons of violations
of provisions of this chapter.
(5) To conduct inspections of property for which zoning
permits have been issued to ascertain if the construction or use is
in conformity with the provisions of the permit.
(6) Upon request of the Council, Planning Commission or
Zoning Hearing Board, to present to such body facts, records and any
similar information required to assist such body in its deliberations.
(7) To be responsible for keeping current copies of this
chapter and the Official Zoning Map for distribution to the public.
(8) To perform other duties in the administration and
enforcement of this chapter as may be directed by the Manager.
B. Fees. The Council shall establish a schedule of fees
and a collection procedure for all zoning permits, certificates of
nonconformity, applications for variances, validity challenges, unified
appeals and requests for curative amendments.
(1) The schedule of fees shall be posted in the office
of the Zoning Officer.
(2) All such fees shall be payable to the Township at
the office of the Zoning Officer.
(3) No request for a zoning permit or certificate of nonconformity
and no appeal or application to the Zoning Officer, Zoning Hearing
Board or Council shall be considered complete, nor shall it be filed
or docketed, until all fees have been paid in full.
[Amended 1-8-1987 by Ord. No. 100; 6-6-2002 by Ord. No. O-02-01; 3-2-2006 by Ord. No. O-06-07; 6-21-2012 by Ord. No. O-12-01;2-20-2014 by Ord. No. O-14-01]
A zoning permit shall be required prior to the
erection, extension, or alteration of any structure or portion thereof
and prior to the use or change in use of a structure or land. This
shall include activity related to an approved land development and/or
subdivision plan. No such zoning permit shall be required for normal
maintenance activities and minor repairs that do not constitute an
erection, extension, or alteration as herein defined. No permit shall
be granted by the Zoning Officer for any purpose except in compliance
with the provisions of this chapter or, upon appeal, in compliance
with a decision of the Zoning Hearing Board or the courts.
A. Application for zoning permits. To apply for a zoning permit, the
applicant shall submit an application for plan examination and building
permit to the Zoning Officer along with all required fees. When required
by this chapter, site plans and other information shall accompany
the application. In the case of a land development or subdivision,
a copy of the approved plan will need to be provided with the zoning
permit application.
B. Review of the application. All applications for zoning
permits shall be granted or denied by the Zoning Officer within 30
days from the date of receipt of a full and complete application.
Whenever a residential site plan is required as part of the application
process, applications shall be granted or denied by the Zoning Officer
within 30 days from the date of receipt of a full and complete residential
site plan. The Zoning Officer shall notify the applicant in writing
of all the action taken on the application for a zoning permit within
said period. If the application is denied, such notification shall
specify the provisions of this chapter with which the application
does not comply. If for any reason the Zoning Officer fails to notify
the applicant within the specified time limits, the application will
be deemed approved as submitted. No permit will be issued until all
required fees have been paid.
C. Final inspection.
(1) A final zoning inspection shall be required for all
zoning permits issued. All work shall be inspected by the Township
Engineer, Zoning Officer and/or the Ordinance Enforcement Officer
at the completion of each construction project or by the expiration
date of the zoning permit. All interior and exterior work shall be
finished and in accordance with the approved permit/plan before a
final zoning inspection can be scheduled.
(2) At the discretion of the Township Engineer, a monetary
surety, letter of credit, or escrow may be posted for certain incomplete
zoning items. Such items shall not create a safety issue or nuisance.
The amount posted shall cover the estimated completion costs of all
items outstanding, and shall be submitted with a letter from the contractor
and/or property owner. The letter of completion shall include an itemized
list stating what the surety is covering and a timeframe for completion
of all outstanding work. The Township may also require the property
owner and/or the contractor to sign a binding agreement, drafted by
the Township, which outlines the terms of the posting of surety/occupancy.
D. No person, firm, or corporation shall rent or lease as defined in Chapter
160 to another, or provide for residential occupancy, any dwelling unit, rooming unit or portion thereof until the regulations contained herein have been met and a residential rental permit has been received. See Chapter
160, Article
I, Residential Rental Permits.
[Amended 6-9-1983 by Ord. No. 59-E; 11-10-1983 by Ord. No.
89-F; 1-8-1987 by Ord. No. 100; 6-6-2002 by Ord. No. O-02-01]
A. Residential site plans shall be required for change
of uses or construction activity on residential properties as stipulated
below. Structures that are shown on an approved land development plan,
showing the building footprint and proposed grading, would be exempt.
A residential site plan, as detailed below, shall accompany all applications
for zoning and building permits whenever a proposed use, structure,
or alteration of land include one or more of the following:
(1) A proposed use and/or structure located in or within 100 feet of a floodplain as stipulated in Article
VIII, §
200-30, or a delineated wetland area.
(2) A proposed use or structure on steep slopes as stipulated in Article
VIII, §
200-31.
(3) Any new single-family residential dwelling of any
size, or an accessory structure or a proposed building addition with
a footprint of 600 square feet or larger on a lot.
(4) Any level placement of fill greater than three feet
on a lot or internal alteration of grades greater than three feet
anywhere on the site, which result in the following conditions:
(a)
Any change of grading greater than two feet
within the side and/or rear setbacks of the property, except landscaping
or gardens that do not alter grades more than three feet on lots with
an existing home;
(b)
Any change of grading greater than one foot
within five feet of the side and/or rear property lines; or
(c)
Any alteration of existing drainageways or swales,
located either on the property or within the street right-of-way.
B. Submission and contents of the residential site plan.
Two copies of the residential site plan shall be submitted to the
Zoning Officer along with the application for a zoning permit. The
plan shall be drawn at a scale of one inch equals 20 feet or larger
for lots one acre or less. Lots greater that one acre shall be drawn
at a scale of one inch equals 40 feet. The plan shall contain the
following written and graphic information:
(1) Property owner name and address and the name and address
of the individual firm preparing the site plan. (When possible, the
applicant's agent should also provide a fax number and e-mail address);
(2) Street address and county tax identification number;
(4) Date the plan was prepared and any revisions;
(7) Total size of the property;
(8) The proposed use(s) of the property;
(9) Percentage of impervious coverage on the lot after
all proposed improvements;
(10)
Topographic contour lines drawn at vertical
intervals of two feet for land with average undisturbed slopes of
10% or less and at intervals of five feet for land with average slopes
exceeding 10%, including the source of topographic data; or two perpendicular
cross sections through the entire property, showing existing and proposed
grades and the floor elevations of any proposed structures;
(11)
The total tract boundary with distances drawn
to at least the nearest foot, including any street rights-of-way when
applicable;
(12)
Location of the front, side and rear yard setback
areas as required by the applicable zoning district;
(13)
Location and area of all existing and proposed
primary and accessory structures, including exterior dimensions;
[Amended 9-7-2006 by Ord. No. O-06-15]
(14)
All stream, floodplains and wetland boundaries
if applicable and slopes of 25% or more;
(15)
Location of street cartways;
(16)
Location of existing or proposed driveways;
(17)
All existing and proposed utility poles, drainage
facilities and walkways;
(18)
Elevations and cross sections of structures
and details of all grading elements such as berms, earth mounds and
retaining walls;
(19)
Basement and main floor level finished elevations;
(20)
Cross section through the structure and the total height of all proposed structures, in accordance with the Township definition of "height," in §
200-7;
(21)
When applicable, show direction and or paths
of all existing site drainage, any/all methods of erosion and sedimentation
control and on-site stormwater management practices to be implemented;
and
(22)
Height and materials of all proposed retaining
walls.
(23) Elevation of the one-hundred-year flood.
[Added 4-16-2009 by Ord. No. O-09-08]
(24) Detailed information concerning any proposed floodproofing measures.
[Added 4-16-2009 by Ord. No. O-09-08]
C. Requirement of site plan preparation. The site plan
must be signed by either a Pennsylvania licensed professional land
surveyor, engineer architect or landscape architect, or by a homebuilder
or other individual that displays competence in field surveying and
construction drafting.
D. Additional site regulations.
(1) No site grading alteration greater than one vertical
foot shall occur within three feet of any side or rear property lines,
unless a notarized statement is agreed upon and signed by any affected
adjacent property owner(s).
(2) The maximum allowable height for any/all retaining
walls will be four feet, unless the proposed retaining wall is properly
engineered to be stepped back or terraced. Copies of all applicable
structural engineering documents and plans may be required for Township
review.
(3) Retaining walls must be set back a minimum of three
feet to allow for maintenance, unless a notarized statement is agreed
upon and signed by any affected adjacent property owner(s).
E. Review procedure. All applications for zoning permits, which include a residential site plan as herein required, shall be reviewed in the same manner as stipulated in §
200-49A, except that:
(1) Upon approval of the application, the Zoning Officer
shall sign two copies of the residential site plan application, return
one copy to the applicant, along with the requested zoning permit,
and retain the other copy for the files.
An application for a certificate of nonconformity
may be made to the Zoning Officer by the owner of a nonconforming
use or structure. The certificate of nonconformity shall be issued
by the Zoning Officer and shall set forth in detail all of the nonconforming
conditions of the premises. This certificate shall be for the purpose
of ensuring to such owner the right to continue a nonconforming use
or structure in accordance with the regulations of this chapter. A
copy of the certificate shall be retained by the Zoning Officer for
his files.
Failure to comply with any provisions of this
chapter shall be a violation of this chapter.
A. Complaints regarding violations. Whenever a violation
of this chapter occurs or is alleged to have occurred. any person
may file a complaint with the Zoning Officer, stating fully the causes
and basis thereof. The Zoning Officer shall record such complaint,
immediately investigate and take action thereon as provided by this
chapter.
B. Notice of violation. If the Zoning Officer shall find
that any provision of this chapter has been violated, he shall notify
the person responsible for such violation in writing, indicating the
nature of the violation and ordering the action necessary to correct
it, whereupon such violation shall be immediately corrected unless
such person files an appeal of the order of the Zoning Officer in
the manner provided by this chapter.
C. Penalties. Penalties and remedies for violations of this chapter are stipulated in Sections 616 and 617 of Article
VI of the Pennsylvania Municipalities Planning Code, as amended.
Any appeal from a decision or action of the Council or of any officer or agency of the Township in matters pertaining to this chapter shall be made in accordance with Article
X of the Pennsylvania Municipalities Planning Code, as amended.
The regulations, restrictions and district boundaries set forth in this chapter may, from time to time, be amended through action of the Council in the manner provided by Sections 609 through 611 of Article
VI of the Pennsylvania Municipalities Planning Code, as amended.
[Added 12-27-1990 by Ord. No. O-90-09]
A. Severability. Each section, paragraph, part, term
and/or provision of this agreement shall be considered severable,
and if for any reason, any section, paragraph, part, term and/or provision
herein is determined to be invalid and contrary to or in conflict
with, any existing or future law or regulation, such shall not impair
the operation of or affect the remaining portions, section, paragraphs,
parts, terms and/or provisions of this amendment, and the latter will
continue to be given full force and effect and bind the parties hereto;
and said invalid sections, parts, paragraphs, terms and/or provision
shall be deemed not part of this amendment.
[Amended 9-7-2006 by Ord. No. O-06-15]
B. Conflicts with other chapters. In the event of any
conflict or inconsistency between the provisions of this chapter and
any other ordinance relating to the application for a review of zoning,
subdivision or land development approvals, the provisions of this
chapter shall be deemed controlling.