[Amended 9-19-1989 by Ord. No. 195]
It shall be the duty of the Zoning Officer and
he is hereby given the power and authority to enforce the provisions
of this chapter by the issuance of stop, cease or desist orders or
by other means. Permits for construction and use which are a special
exception to the requirements of this chapter shall be issued only
upon the order of the Zoning Hearing Board. The Zoning Officer is
authorized to institute civil enforcement proceedings as a means of
enforcement when acting within the scope of his or her employment.
Fees for permits shall be paid in accordance
with a Fee Schedule to be adopted by resolution of the Board of Supervisors,
and all such fees shall be paid into the Township Treasury. Each applicant for an appeal, special exception, variance
or other requested relief shall, at the time of making application,
pay a fee in accordance with the aforementioned Fee Schedule for the
cost of advertising, mailing notices and the cost of stenographic
services, as required by this chapter and the rules of the Zoning
Hearing Board.
[Added 9-19-1989 by Ord. No. 195]
A. If it appears to the Township that a violation of
this chapter has occurred, the Township shall initiate enforcement
proceedings by sending an enforcement notice as provided herein. The
enforcement notice shall be sent to the owner of record of the parcel
on which the violation has occurred, to any person who has filed a
written request to receive an enforcement notice regarding that parcel
and to any other person requested, in writing, by the owner of record.
B. The enforcement notice shall state at least the following:
(1)
The name of the owner of record and any other
person against whom the Township intends to take action.
(2)
The location of the property in violation.
(3)
The specific violation with a description of
the requirements which have not been met, citing in each instance
the applicable provisions of the chapter.
(4)
The date before which the steps for compliance
must be commenced and the date before which steps must be completed.
(5)
That the recipient of the notice has the right
to appeal to the Zoning Hearing Board within a prescribed period of
time in accordance with procedures set forth in the chapter.
(6)
That the failure to comply with the notice within
the time specified, unless extend by appeal to the Zoning Hearing
Board, constitutes a violation.
C. In any appeal of an enforcement notice to the Zoning
Hearing Board, the Township shall have the responsibility of presenting
its evidence first.
[Added 12-16-1997 by Ord. No. 268]
D. Any filing fees paid by a party to appeal an enforcement
notice to the Zoning Hearing Board shall be returned to the appealing
party by the Township if the Zoning Hearing Board or any court of
competent jurisdiction in a subsequent appeal rules in the appealing
party's favor.
[Added 12-16-1997 by Ord. No. 268]
[Added 4-14-2004 by Ord. No. 317]
The grant of a conditional use shall be subject
to a five-year time limitation so that the conditional use shall expire
five years after the date of the written decision granting the conditional
use by the Zoning Hearing Board, five years from the date of the Board
of Supervisors approval at a public meeting of a preliminary subdivision
and/or land development plan based, in part, upon the conditional
use, or five years from the date of a final Order of Court arising
from an appeal from the granting of the conditional use, but same
shall not be extended if the appeal arises from the grant of a subdivision
and/or land development approval where the conditional use or conditional
uses were a part of same.