In expansion of the declaration of legislative intent and community development objectives contained in Article I of this chapter, the specific intent of this article is to promote the public health, safety, and general welfare of Township residents and business by providing 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 provisions of this chapter shall be administered
and enforced by the Township Zoning Officer.
A.
The Board of Supervisors shall annually appoint to
a one-year term a Zoning Officer who shall meet qualifications established
by the Supervisors and demonstrate a working knowledge of municipal
zoning. The Zoning Officer may succeed himself or herself.
B.
The Zoning Officer shall receive compensation as determined
by resolution of the Board of Supervisors.
C.
The Zoning Officer shall make reports to the Board
of Supervisors as it may require.
The Zoning Officer shall have the authority
to perform the following responsibilities:
A.
Receive all applications for building permits and
use and occupancy permits.
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 no permit unless it conforms literally 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 Township consultants
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.
B.
A use and occupancy permit shall be required for:
(1)
Use and occupancy of any new construction, or
any new alteration or addition to an existing structure, whether or
not a building permit is required. No permit fees or occupancy fees
shall be charged for farm buildings constructed or altered for purposes
limited to agricultural use of the tract.
(2)
Change in use of any building or structure,
whether or not the change involves physical alteration to the building
or structure.
(3)
Use of land or change in the use land, except
that the placing of vacant land under cultivation shall not require
a use and occupancy permit.
(4)
Change in use of a nonconforming use.
(5)
Change of occupancy in any commercial or industrial
establishments. All new occupants of buildings shall be required to
apply for and obtain a use and occupancy permit.
C.
It shall be a violation of this chapter for any person
to use or occupy any building, structure, or land until a use and
occupancy permit has been duly issued.
A.
Applications. Applications for use and occupancy permits
shall be made in writing by the owner or tenants or authorized agent,
and shall be filed with the Zoning Officer on forms prescribed by
him/her. The Zoning Officer shall require with the application some
or all of the following, depending upon whether the permit is for
alteration or for 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.
Application with building permit. When a use and occupancy
permit is sought in connection with a building permit, applications
for both permits shall be filed and reviewed concurrently.
C.
Completion of construction. Upon completion of the
construction, addition to, or alteration of any building or structure
authorized by any building permit obtained in compliance with this
chapter, and prior to use or occupancy, the holder of such permit
shall notify the Zoning Officer of such completion. Use and occupancy
shall not be authorized until the Zoning Officer has certified that
the work has been inspected and approved as being in conformity with
this chapter and other applicable Ordinances, and the permit fee has
been paid.
D.
Temporary use and occupancy. Pending completion of
a building or alterations thereto, a temporary use and occupancy 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 would not tend in any way to
jeopardize life or property.
E.
Issuance of a use and occupancy permit, or temporary
use and occupancy 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. Said permit is issued only for administrative purposes in
promoting the general health, safety, welfare and orderly development
of the Township.
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.
An appeal from the decision of the Zoning Officer
shall be made within 30 days, according to the procedures described
herein.
A use and occupancy permit shall expire six
months after the date of issuance unless the permittee shall have
commenced substantial construction or utilization of the property
which is the subject of the permit in accordance with the intent thereof.
The Zoning Officer may authorize a six-month extension where, in his/her
opinion, circumstances warrant an extension.
The applicant for a building permit or use and
occupancy 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.
