[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.
A.
A permit shall be required prior to the erection or
alteration of any building, structure or portion thereof and prior
to the use or change in use of a building or land and prior to the
change or extension of a nonconforming use. Permits shall expire one
year from the date of issuance; provided, however, that if work is
not commenced within 90 days from the date of the permit, the permit
shall automatically expire, and a new permit shall be required before
such work commences.
B.
All applications for zoning permits for nonresidential
uses within the C-1 and C-3 Districts shall be submitted to the Township
Planning Commission and the Board of Supervisors, unless the use has
been approved by a previously approved zoning permit or land development
application, to ensure compliance with this chapter and to encourage
compliance with the planning guidelines set forth in Township plans
and policies, including but not limited to driveway access, street
trees and traffic safety.
[Added 2-18-1992 by Ord. No. 213]
A.
Applications for permits shall be made to the Zoning
Officer on such forms as may be furnished by the Township. Each application
shall contain all information necessary for such official to ascertain
whether the proposed erection, alteration, use or change of use complies
with the provisions of this chapter.
B.
A zoning permit shall be required for the clearing or removal of trees where more than 10 healthy trees of six-inch caliper, or greater, in size as measured at a height of 4.5 feet above grade level on a single lot are proposed to be removed in any calendar year and where no building permit has been requested in conjunction with the tree removal proposal. Such permit application shall show the area proposed to be cleared and the area of the tree removal, and shall state the purpose of the tree removal. If an application for subdivision or land development is made for the property within two years of the zoning permit for tree removal, the requirements for tree protection and preservation, as set forth in this chapter and in Chapter 153, Subdivision and Land Development, shall be applied to the property as it was prior to the removal of trees. If tree removal has exceeded the limits set forth in Township ordinances, the applicant shall be required to replace trees removed during the tree-clearing process so that there shall be a minimum of 70 caliper-inches of trees per acre after replanting occurs.
[Added 6-1-1993 by Ord. No. 229; amended 1-15-2019 by Ord. No. 394]
C.
No permit shall be required for the removal of nursery
stock in the normal operation of a nursery where trees or shrubs are
raised for sale and where the nursery meets the use regulations for
A-1, agriculture and horticulture, of this chapter, or for other activities
undertaken as part of an agriculture and horticulture use A-1.
[Added 6-1-1993 by Ord. No. 229]
A.
Zoning permits shall be granted or refused within
10 days after a complete written application has been filed with the
Zoning Officer, provided that nothing contained in this chapter shall
be construed to require or empower the Zoning Officer to grant a permit
approving construction on or use of land which has been subdivided
into lots pursuant to a plan of subdivision, the plan and profile
of which have not been approved by the Township Board of Supervisors
and duly recorded as required by law.
B.
Upon completion of the erection or alteration of any
building or portion thereof authorized by a zoning permit and prior
to occupancy and/or use, the holder of such permit shall notify the
Zoning Officer of such completion. No permit shall be considered complete
or permanently effective until the Zoning Officer has certified that
the work has been inspected and approved as being in conformity with
the provisions of this chapter and other applicable ordinances and
regulations. All applications with accompanying plans and documents
shall become and be preserved as a public record, subject to the disposition
of the Board of Supervisors.
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.[1] 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.
