A.
It shall be the duty of the Zoning Officer, who shall
be appointed by the Township Supervisors to enforce the provisions
of this chapter and all rules, conditions and requirements adopted
or specified pursuant thereto.
B.
The Zoning Officer or his duly authorized assistant(s),
shall have the right to enter any building or enter upon any land
at any reasonable hour as necessary in the execution of their duties,
provided that:
(1)
The Zoning Officer shall notify the owner and Tenant
before conducting any inspection.
(2)
The Zoning Officer or his duly authorized assistant(s)
shall display identification signed by Supervisors upon commencing
an inspection.
(3)
Inspections shall be commenced in the presence of
the owner or his representative or tenant.
C.
The Zoning Officer shall maintain files, open to the
public, of all applications for certificates of occupancy, land use
permits and building permits, along with plans submitted therewith,
as well as final certificates and permits.
[Amended 7-27-2010 by Ord. No. 2010-3]
D.
The Zoning Officer shall also maintain records, open
to the public, of every complaint of a violation of the provisions
of this chapter as well as action taken as a result of such complaints.
E.
The Zoning Officer shall submit to the Township Supervisors
for insertion in the Supervisor's Minutes, a written report summarizing
for the month all building permits and certificates of occupancy issued
by him as well as complaints of violations and action taken as a result
of such complaints.
F.
The Zoning Officer shall carry out the duties of his
office as described in the Pennsylvania Municipalities Planning Code[1] as follows:
(1)
Receive and review all applications for building permits.
(2)
Receive appeals and applications for conditional uses
and variances, and forward them to the Board of Supervisors or the
Zoning Hearing Board, as appropriate.
(3)
Issue permits only where there is compliance with
the provisions of this chapter, and with the Laws of the Commonwealth.
Permits for construction or uses requiring a variance shall be issued
only upon order of the Zoning Hearing Board. Permits requiring a conditional
use approval shall be issued only upon order of the Board of Supervisors.
(4)
Conduct inspections and surveys to determine compliance
or noncompliance with the terms of this chapter.
(5)
Issue stop, cease and desist orders, and order in
writing or by certified mail or served personally upon persons, firms
or corporations deemed by the Zoning Officer to be violating the terms
of this chapter directing them to correct all conditions found in
violation. If any such person or persons does not comply with the
written notice of violation within five days, the Zoning Officer shall
notify the Board of Supervisors of their action.
(6)
With the approval of the Board of Supervisors, or
when directed by them, institute in the name of the Township any appropriate
action or proceedings to prevent the unlawful erection, construction,
reconstruction, alteration, repair, conversion, demolition, maintenance
or use of any building or structure, to restrain, correct, or abate
such violation, so as to prevent the occupancy or use of any building,
structure or land, or to prevent any illegal act, conduct business
or use in or about such premises.
(7)
Revoke by order, a building permit issued under a
mistake or fact or contrary to the Law or the provisions of this chapter.
(8)
Record and file all applications and plans for permits
and the action taken thereon. All applications, plans, and documents
shall be a public record.
(9)
Maintain a map or maps showing the current Zoning
Districts and overlay areas for all the land within the Township.
Upon request, the Zoning Officer shall make determinations of any
Zoning Map District boundary question. Such determination may be appealed
to the Zoning Hearing Board.
(10)
Upon the request of the Board of Supervisors,
Planning Commission or Zoning Hearing Board, present facts, records
or information to assist them in making decisions.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
[Amended 8-24-1999 by Ord. No. 99-5; 7-27-2010 by Ord. No. 2010-3]
No building or structure in any district shall be erected, reconstructed
or restored, or structurally altered, nor shall excavation for said
building be initiated, without a land use and building permit duly
issued upon application to the Township. No land use or building permit
shall be issued unless the proposed construction or use is in full
conformity with all the provisions of this chapter. Any land use and
building permit issued in violation of the provisions of this chapter
shall be null and void and of no effect, without the necessity for
any proceedings or revocations for nullification thereof; and any
work undertaken or use established pursuant to any such permit shall
be unlawful. The Zoning Officer shall not issue a land use permit
nor shall the Building Code Officer issue a building permit for the
erection, construction, reconstruction, or alteration of a building
in a subdivision or land development prior to the final approval of
the subdivision and/or land development plan in compliance with whatever
subdivision and land development ordinance is in force at the time,
and recording of the plan with the Recorder of Deeds.
A.
Every application for a land use or a building permit shall contain
the following information and be accompanied by the required fee and
by a plot plan drawn to a scale and signed by the person responsible
for such drawing. If no such plot plan is available, a survey is required
to be prepared by a registered professional engineer or registered
professional land surveyor.
(1)
The actual shape, dimensions, radii, angles and area of the lot on
which the building is proposed to be erected, or of the lot in which
it is situated if an existing building.
(2)
The block and lot numbers as they appear on the latest tax records.
(3)
The exact size and locations on the lot of the proposed building
or buildings or alteration of an existing building and of other existing
buildings on the same lot.
(4)
The dimensions of all yards in relation to the subject building and
the distances between such building and any other existing buildings
on the same lot.
(5)
The existing and intended use of all buildings, existing or proposed,
the use of land and the number of dwelling units the building is designed
to accommodate.
(6)
Such topographic or other information with regard to the building,
the lot or neighboring lots which may be necessary to determine if
the proposed construction will conform to the provisions of this chapter.
(7)
Each application for a land use or a building permit for a commercial or industrial use shall include a parking and circulation plan designed in accordance with applicable standards of § 105-29 and elsewhere in this chapter. The circulation plan must be approved by the Township Supervisors before a land use, building or occupancy permit can be processed. The applicant shall be responsible for the construction of all traffic control and access requirements according to the approved circulation plan. The proposed parking and circulation plan shall be submitted to the Township at least 14 days prior to the next regularly scheduled meeting of the Planning Commission in order for the Planning Commission to review the plan and makes its recommendations to the Township Supervisors.
(8)
The landscaping plan must be approved by the Township Supervisors
before a land use, building or occupancy permit can be processed for
any use which is required by this chapter to have a screening or landscaping
plan. The applicant shall be responsible for the installation of all
landscaping and screening according to the approved landscaping plan.
The proposed landscaping plan shall be submitted to the Township at
least 14 days prior to the next regularly scheduled meeting of the
Planning Commission in order for the Planning Commission to review
the plan and make its recommendations to the Township Supervisors.
(9)
Each applicant for a land use or building permit for a land use which
proposes the construction of one or more driveways entering a Greene
Township public street or road or intends to pave, reconstruct, change
or modify an existing driveway, curb, gutter, sidewalk, drainage improvement
or other improvement within the limits of the appropriate jurisdictional
right-of-way shall apply for and obtain a driveway permit. If applicable,
this permit application shall include a private access driveway sketch
showing the location, type and dimensions of the driveway entrance
or apron within the public street right-of-way.
(10)
If, in accordance with the approved subdivision or land development
plan, stormwater management facilities are designed to be constructed
and maintained on the lot for which the application for a land use
or building permit has been made, the individual requesting the permit
shall, when applying for same, execute an affidavit indicating acknowledgment
as the lot owner, that he is responsible for the maintenance and repair
of said stormwater facilities and that an acknowledgment to that effect
shall be placed on all deeds for all future conveyances of the property.
B.
No land use or building permit shall be issued for the construction
or alteration of any building upon a lot without access to a street
or highway.
C.
No land use or building permit shall be issued for any building where
the site plan of such building is subject to approval by the Supervisors,
except in conformity with the plans approved by said Supervisors.
D.
No land use or building permit shall be issued for a building to
be used for any conditional use in any district where such is allowed
only by approval of the Supervisors unless and until such approval
has been duly granted by the Supervisors.
E.
The land use or building permit application and all supporting documentation
shall be made in triplicate. On the issuance of a land use or building
permit, the Township shall return one copy of all filed documents
to the applicant.
F.
The Township shall, within 10 days after the filing of a complete
and properly prepared application, either issue or deny a land use
permit. If a land use permit is denied, the Township shall state,
in writing to the applicant, the reasons for such denial.
G.
All land use permits issued pursuant to this article shall be valid
for 18 months, provided construction on the project is begun within
three months of the date of issuance of the land use permit. If construction
is not begun within said three-month period, the permit shall be void
and application for a new permit must be made prior to the commencement
of any construction on the project. For reasonable cause shown, the
eighteen-month period for completing the construction authorized by
a land use permit may be extended for an additional eighteen-month
period. However, not more than one such extension shall be granted.
H.
All building permits issued pursuant to this article shall be valid
for one year, provided construction of the structure being permitted
is commenced within six months of the date of issuance of the construction
permit. If construction is not begun within said six-month period,
the permit shall be void and application for a new permit must be
made prior to the commencement of any construction on the structure.
No extension of the six-month starting period shall be granted. For
reasonable cause shown, the one-year period for completing the construction
authorized by a construction permit may be extended for an additional
one-year period. However, not more than two such extensions shall
be granted.
I.
As soon as the foundation of a building or any addition to an existing
building is laid off, and before first-story framing or wall construction
is begun, there shall be filed with the Township an accurate survey
signed by the person responsible for said survey, showing the exact
location of such foundation with respect to the street and property
lines of the lot.
A.
Certificate of occupancy required. It shall be unlawful to occupy any building, land, or portion thereof for which either a land use permit or a building permit is required until a certificate of occupancy has been issued by both the Building Code Officer and the Zoning Officer. This includes any change in a nonconforming use. Neither the Building Code Officer nor the Zoning Officer shall issue a certificate of occupancy unless he has inspected said building or land and has ascertained compliance with all provisions of this chapter, Chapter 85, Subdivision and Land Development, and other applicable Township codes, ordinances, statutes and regulations. The application for the certificates of occupancy shall be made at the same time applications for the land use and/or building permit are filed. The application shall be in such form as prescribed by the Township.
[Amended 7-27-2010 by Ord. No. 2010-3]
B.
Issuance of certificate of occupancy. Upon the receipt
of written notification on such form as prescribed by the Zoning Officer
for which an issued building permit has been completed, the Zoning
Officer shall inspect the premises within five days to determine whether
the work has been performed in accordance with the approved building
permit application and applicable codes, ordinances, statutes and
regulations. If the Zoning Officer is satisfied with this work, he
shall issue a certificate of occupancy to the building permit holder
for the use indicated on the approved application. A copy of the certificate
of occupancy shall be retained by the Zoning Officer as part of the
official record. If the Zoning Officer finds that the work has not
been performed in accordance with the approved application and applicable
codes, ordinances, statues and regulations, the Zoning Officer shall
refuse to issue the certificate of occupancy, and shall give in writing
the reasons for denial and the rights of appeal to the Zoning Hearing
Board.
C.
No certificate of occupancy shall be issued for any
conditional use of a building or of land requiring use approval by
the Supervisors or for any land use requiring site plan approval by
the Supervisors unless and until such conditional use or site plan
approval has been duly granted. Every certificate of occupancy for
which conditional use or site plan approval has been granted or in
connection with which a variance has been granted by the Zoning Hearing
Board shall contain a detailed statement of any condition to which
the same is subject.
D.
If the proposed use is in conformity with the provisions
of this chapter and of all applicable codes and ordinances, a certificate
of occupancy for the use of vacant land or for change of use of nonconforming
use, shall be issued by the Township within 15 days after receipt
of a properly completed application. If a certificate of occupancy
is denied, the Township shall state the reasons, in writing to the
applicant.
E.
In regard to those uses which are subject to the performance
standards procedure, the following requirements shall also apply:
(1)
Any normal replacement or addition of equipment and
machinery not affecting the operations or the degree or nature of
dangerous and objectionable elements emitted shall not be considered
a change in use.
(2)
After occupancy, if there occurs continuous or frequent,
even though intermittent, violations of the performance standards
and other provisions for a period of five days, without bona fide
and immediate corrective work, the Township shall suspend or revoke
the occupancy permit of the use and the operation shall immediately
cease until it is able to operate in accordance with these regulations,
at which time the occupancy permit shall be reinstated.
(3)
The Township shall investigate any alleged violation
of performance standards, and if there are reasonable grounds to believe
that a violation exists, the Township shall investigate the alleged
violation, and for such investigation may employ qualified experts.
(4)
A copy of said findings shall be forwarded to the
Township Supervisors. The services of any qualified experts employed
by the Township to advise in establishing a violation shall be paid
for by the violator, if it shall be determined that a violation is
proved, and otherwise by the Township. No new certificate of occupancy
shall be issued unless such charges have been paid to the Township.
F.
A certificate of occupancy shall be deemed to authorize,
and is required for, both initial occupancy and the continuance of
occupancy and use of the building or land to which it applies.
G.
Upon written request by the owner, and upon fee payment,
the Township shall, after inspection, issue a certificate of occupancy
for any building or use thereof or of land existing at the time of
the adoption of this chapter, certifying such use and whether or not
the same and the building conforms to the provisions of this chapter.
H.
A record of all certificates of occupancy shall be
kept by the Township and copies shall be furnished on request, to
any agency of the Township or to any persons having a proprietary
or tenancy interest in the building or land affected.
Fees for building permits, certificates of occupancy,
conditional use applications, Zoning Hearing Board proceedings, zoning
text or map amendments and planned residential development, and administration
of the provisions of this chapter shall be established by resolution,
available for public review at the Township.
A.
Any person, partnership or corporation who or which
has violated the provisions of this chapter or of Act 247 P.L. 805
of July 31, 1968,[1] as amended, upon being found liable thereof in a civil
enforcement proceeding commenced by the Township, pay a judgment of
not more than $500 plus 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 determines that there was good faith basis for
the person, partnership or corporation violating this chapter, believing
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. All judgments, costs and reasonable attorney
fees collected for the violation of this chapter shall be paid over
to the Township. Nothing contained in this section shall be construed
or interpreted to grant any person or entity other than the Township
the right to commence any action for enforcement pursuant to this
part.
[Amended 3-26-2002 by Ord. No. 2002-4]
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
B.
In case any building, structure, landscaping or land
is, or is proposed to be, erected, constructed, reconstructed, altered,
converted, maintained or used in violation of this chapter, the Township
or, with the approval of the Township, an Officer of the Township,
or any aggrieved owner or tenant of real property who shows that his
property or person will be substantially affected by the alleged violation,
in addition to other remedies, may institute any appropriate action
or proceeding to prevent, restrain, correct or abate such building,
structure, landscaping or land, or to prevent, in or about such premises,
any act, conduct, business or use constituting a violation. When any
such action is instituted by a landowner or tenant, notice of that
action shall be served upon the Township at least 30 days prior to
the time the action is begun by serving a copy of the complaint to
the Township Supervisors. No such action may be maintained until such
notice has been given.
