In expansion of and in addition to the declaration of legislative intent and statement of community development objectives found in Article
I, §§
184-2 and
184-3, of this chapter, it is the intent of this article to provide specific duties and responsibilities for the Zoning Officer in the issuance of building and occupancy permits and the procedures for obtaining the same, as contained in this article.
The Zoning Officer shall have the authority
to perform the following responsibilities:
A. Receive all applications for building permits and
zoning use permits.
[Amended 8-15-2017 by Ord. No. 379]
B. Keep a public record of these applications, including:
(1) All relevant plans and information submitted therewith.
(2) Permits issued in their regard.
(3) Any special conditions attached thereto.
C. Review these applications for compliance with the
literal terms of this chapter, all other applicable ordinances and
the laws and regulations of the Commonwealth of Pennsylvania which
are relevant to the subject and intent of this chapter.
D. Issue permits only in response to those applications
which are in compliance with this chapter, all other applicable ordinances
and the laws and regulations of the Commonwealth of Pennsylvania which
are relevant to the subject and intent of this chapter.
(1) When the Zoning Hearing Board grants a special exception
or variance, the application shall be considered in compliance with
this chapter for the purpose of issuing permits; the Zoning Hearing
Board action shall be made a part of the public record of these applications.
(2) The Zoning Officer shall issue permits in regard to
such applications only upon receipt of written evidence from the Zoning
Hearing Board attesting to the granting of the special exception or
variance.
E. Enlist the assistance of other municipal agents and
agencies in performing these responsibilities.
F. Conduct inspections and surveys to determine compliance
or noncompliance with the terms of this chapter.
G. Make written orders requiring compliance with the
provisions of this chapter to be served personally or by certified
mail.
H. Institute proceedings in courts of proper jurisdiction
for the enforcement of provisions of this chapter, at the direction
of the Board of Supervisors.
I. Have available a map showing the current zoning classification
of all land.
J. Maintain a record of the identity, location and type
of uses assigned nonconforming status, as well as documentation of
the evidence and reasoning that led to the assignment of nonconforming
status.
K. Participate in proceedings before the Zoning Hearing
Board, either at the request of the Board of Supervisors as a representative
of the Township or at the request of the Zoning Hearing Board as a
sworn witness presenting fact and information.
L. Review
all building (UCC) permits for compliance with the Zoning Ordinance
of Limerick Township and all other applicable UCC codes.
[Added 8-15-2017 by Ord.
No. 379]
[Amended 8-15-2017 by Ord. No. 379]
A. Applications for zoning use permits shall be made,
in writing, by the owner or tenant or authorized agent and shall be
filed with the Zoning Officer on forms prescribed by him. The Zoning
Officer shall require with the application some or all of the following,
depending whether the permit is for alteration or development of a
previously undeveloped property:
(1) A statement as to the proposed use of the building.
(2) A plan, drawn to scale, showing the location of the
building in relation to property and right-of-way lines.
(3) A statement that the property and right-of-way lines
shown on the plan have been located and staked on the premises by
a surveyor or other person competent to give such location.
(4) The name and address of the person who has so located
and staked the lines.
(5) A copy of the decision of the Zoning Hearing Board
granting any special exception or variance required for the proposed
use or building.
B. Upon completion of the erection, addition to or alteration
of any building, structure or portion thereof authorized by any building
permit obtained in compliance with this chapter, and prior to occupancy
or other activity regulated by this chapter, the holder of such permit
shall notify the Zoning Officer of such completion. Occupancy or other
activity regulated by this chapter shall not be authorized until the
Zoning Officer has certified that the work has been inspected and
approved as being in conformity with this and other applicable ordinances
and the permit fee has been paid.
C. Pending completion of a building or alterations thereto,
a temporary zoning use permit may be issued with limits and conditions
as established by the Zoning Officer for a temporary occupancy of
a part or all of a building, provided that such temporary occupancy
of a part or all of a building would not tend in any way to jeopardize
life or property.
D. Issuance of a zoning use permit or temporary zoning
use permit shall in no way be construed to warrant in any way the
workmanship, safety or quality of the structure or building materials
used to construct the said structure or alterations thereto.
[Amended 6-2-1998 by Ord. No. 196]
If the Zoning Officer determines that an application
is in compliance with the provisions of this chapter, it shall be
his/her duty to issue the appropriate permit; and if he/she determines
that an application is not in compliance with the provisions of this
chapter, it shall be his/her duty to refuse the permit, in which case
he/she shall instruct the applicant in the method as hereinafter set
forth of appeal or application to the Zoning Hearing Board.
[Amended 6-2-1998 by Ord. No. 196]
Any appeal from a determination of the Zoning
Officer that is adverse to the landowner/applicant shall be filed
by the landowner/applicant within 30 days after notice of the determination
is issued. Any appeal from a decision of the Zoning Officer shall
comply with Section 914.1 of the Pennsylvania Municipalities Planning
Code, which is hereby included by reference, as amended.
[Amended 6-2-1998 by Ord. No. 196]
A. A Township zoning and construction permit shall be
applied for within 12 months after a variance or special exception
is approved. Otherwise, such approval shall expire.
B. Any applicable Township zoning use permit shall expire
12 months after the date of issuance, unless the permittee has commenced
substantial construction or use of the property in a manner authorized
by the permit.
[Amended 8-15-2017 by Ord. No. 379]
C. The time limits in Subsections
A and
B above may each be extended if:
(1) So stated as part of a conditional use or special
exception approval decision (such as for a development involving numerous
phases over many years);
(2) So stated in writing by the Zoning Officer, up to
12 additional months, if the Zoning Officer determines the applicant
has shown good cause in writing; or
(3) A related subdivision or land development plan is
actively under consideration by the Township, in which case the time
limits shall apply from the date of final plan approval by the Township.
[Amended 8-15-2017 by Ord. No. 379]
The applicant for a building permit or zoning
use permit shall, at the time of making application, pay to the Township
a fee in accordance with a fee schedule adopted by resolution of the
Board of Supervisors.
[Amended 6-2-1998 by Ord. No. 196]
A. In accordance with Section 619 of the Pennsylvania
Municipalities Planning Code, as amended, the provisions of this chapter shall not apply to any
existing or proposed building, or extension thereof, used or to be
used by a public utility corporation if, upon petition of the corporation,
the Pennsylvania Public Utility Commission shall, after public hearing,
decide that the present or proposed situation of the building in question
is reasonably necessary for the convenience or welfare of the public.
It shall be the responsibility of the Pennsylvania Public Utility
Commission to ensure that both the corporation and the Township have
notice of the hearing and are granted an opportunity to appear, present
witnesses, cross-examine witnesses presented by other parties and
otherwise exercise the rights of a party to the proceedings.
B. This chapter shall not regulate uses or structures
owned by Limerick Township that serve a legitimate public purpose.