It is the purpose of this article to outline the procedures, rules, and regulations by which this chapter shall be administered.
A. 
Hereafter no land shall be used or occupied, and no building or structure shall be erected, altered, used or occupied except in conformity with the regulations herein established for the districts in which such land, building or structure is located, as well as all other applicable statutes.
B. 
In case of mixed occupancy within the same building or on the same lot, the regulations for each use shall apply to that portion of the building or land so used.
There shall be a Zoning Officer who shall be appointed by the Board of Supervisors and whose duty it shall be to enforce the provisions of this chapter in accordance with § 270-128.
The Zoning Officer shall not hold any elective office in the Township and shall meet the qualifications established by the Board of Supervisors. Further, the Zoning Officer shall be able to demonstrate to the satisfaction of the Board of Supervisors a working knowledge of municipal zoning. The Zoning Officer shall administer the Zoning Chapter in accordance with its literal term, and shall not have the power to permit any construction or change of use which does not conform to the Zoning Chapter. The responsibilities of the Zoning Officer shall include the following:
A. 
To examine all applications for permits required by this chapter.
B. 
To issue permits only for construction and uses which are in accordance with the regulations of this chapter and as may be amended.
C. 
To record and file all applications for permits and accompanying plans and documents and keep them for public record.
D. 
To issue permits for uses by special exception and variances only after such uses are ordered by the Zoning Hearing Board in accordance with the regulations of this chapter, or Court of Appeals, subject to any stipulations contained in such order.
E. 
To inspect nonconforming uses, buildings and lots and to keep a filed record of such nonconforming uses and buildings as a public record and to examine them periodically.
F. 
Upon the request of the Board of Supervisors or the Zoning Hearing Board, present to such bodies facts, records, and any similar information on specific requests to assist such bodies in reaching its decision.
G. 
To be responsible for maintaining an up-to-date copy of this chapter and the Zoning Map, filed with the Township Secretary and to include any amendments thereto.
H. 
To be responsible for the administration of the National Flood Insurance Program in North Coventry Township and specifically in those areas where records must be maintained relative to the types of land use permitted and occurring within the floodplain district, variances issued, base flood elevations, elevation of lowest floor, including basement, the elevation to which the structure is floodproofed and other administrative functions necessary for participation in the National Flood Insurance Program.
I. 
To notify in riverine situations, adjacent communities and the State Department of Environmental Protection prior to any alteration or relocation of a watercourse, and submit copies of such notifications to the Township Manager.
J. 
To assure the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained.
K. 
To be responsible for applicable provisions included in all other codes, ordinances and regulations that are applied insofar as they are consistent with the Township need to minimize the hazard and damage which may result from flooding.
L. 
To process all applications for special exceptions and variances and present them to the Zoning Hearing Board.
A. 
In the event that any building, structure, landscaping, sign, or land, is or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained or used in violation of any ordinance enacted under this act or prior enabling laws, the Board of Supervisors, or with the approval of the Board of Supervisors, 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 municipality at least 30 days prior to the time the action is begun by serving a copy of the complaint on the Board of Supervisors. No such action may be maintained until such notice has been given.
B. 
Enforcement proceedings shall commence when it appears that a violation of any provisions of this Zoning Chapter occurs. Written notice of a violation is to be served by the Zoning Officer or duly authorized representative of the Zoning Officer on the owner, agent, occupant, contractor and/or builder responsible for the violation. Upon receipt of such notice, discontinuance of the violation shall occur immediately. Enforcement proceeding shall be initiated as follows:
(1) 
Where the Township, represented by the Zoning Officer, believes there is cause for a violation of this chapter, enforcement proceedings shall be initiated by sending an enforcement notice as provided hereunder.
(2) 
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 enforcement notices regarding that parcel, and to any other person requested in writing by the owner of record.
(3) 
The enforcement notice shall state, at a minimum, the following:
(a) 
The name of the owner of record and any other person against whom the municipality intends to take action;
(b) 
The location of the property in violation;
(c) 
The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of this chapter;
(d) 
The date before which the steps for compliance must be commenced and the date before which the steps must be completed;
(e) 
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 Article XVII of this chapter; and
(f) 
That failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation, with possible sanctions as described in § 370-130 below.
A. 
The Magisterial District Judge shall have initial jurisdiction for all proceedings brought under this section.
B. 
Any person, partnership or corporation who or which has violated, or permitted the violation of the provisions of this chapter shall, upon being found liable thereof in a civil enforcement proceeding, pay a judgment of not more than $500, plus all 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 Magisterial District Judge. If the defendant fails to pay or to appeal the judgment in a timely manner, the Township may enforce the judgment pursuant to applicable rules of civil procedure. Each date that a violation continues shall constitute a separate violation, unless the Magisterial District Judge determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating the chapter to have believed 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 Magisterial District Judge; and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney fees collected for violating this chapter shall be paid to the Township.
C. 
The Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem find pending a final adjudication of the violation and judgment.
D. 
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 section.
A. 
Application for permits shall be made in writing on an appropriate form to the Zoning Officer and shall contain all information necessary for such officer to ascertain whether the proposed use of land or improvement under the application complies with the provisions of this chapter and all other existing statutes.
B. 
Applications for permits required under this chapter may be submitted by an owner or a designated representative thereof; however, responsibility for obtaining any required permit and compliance with existing statutes, shall rest with the property owner.
C. 
No permit shall be issued except in conformity with the regulations of this chapter, and other existing statutes, except after written order from the Zoning Hearing Board or the Courts. Any permits issued on written order of the Zoning Hearing Board or a court of competent jurisdiction shall be subject to any stipulation contained in that order.
D. 
In all instances in which the Zoning Officer expresses a reasonable doubt as to the ability of a proposed use to meet all the requirements of this chapter, it will be incumbent upon the applicant to furnish adequate evidence in support of this application. If such evidence is not presented, the zoning permit will be denied.
E. 
The parcel or parcels of land or buildings or parts of buildings for which an application is being submitted shall be in the ownership of the applicant, or proof of equitable ownership shall be furnished at the time of application.
F. 
No application is complete until all the necessary documents have been filed and fees have been paid.
All permit fees under this chapter shall be established by resolution of the Board of Supervisors and a schedule of such shall be made available to the general public. The Board of Supervisors shall be empowered to reevaluate the fee schedule and make necessary alterations to it. Such alterations shall not be considered an amendment to this chapter and may be adopted at any public meeting of the Board of Supervisors by resolution.
A. 
All applicants for permits or certificates shall be given written notice of the status of the application within 30 days, unless otherwise specified.
B. 
If the Zoning Officer determines that an application is in compliance with the provisions of this chapter, it shall be his duty to issue the appropriate permit. If he determines that an application is not in compliance with the provisions of this chapter, it shall be his duty to refuse the permit, in which case he shall instruct the applicant in the method of appeal or application to the Zoning Hearing Board, as set forth in Article XVII.
A. 
A zoning permit shall be required prior to: a change in use of land or buildings; a change in the principal use or expansion of a nonconforming use; or development within the Floodplain Conservation District. The placing of vacant land under cultivation shall not require a zoning permit. It shall be unlawful to commence any site work or other work requiring a zoning permit until a permit has been properly issued therefor.
B. 
Application for permits under this section, along with accompanying plans and data, may be submitted by the Zoning Officer to any appropriate governmental agency, authority or representative for review and comment relative to compliance with existing statutes and the Zoning Officer shall consider those comments in action on the application. All applications shall be accompanied by:
(1) 
Three copies of the approved land development and/or plot plan together with any other data and information required by the Zoning Officer to evaluate compliance with this chapter and other existing statutes.
(2) 
Three copies of detailed architectural plans for any proposed building or structure under the application.
(3) 
Wherein the disturbance or movement of earth is contemplated, a soil erosion and sedimentation control plan with an accompanying narrative prepared by a qualified person for review and approval by the Township Engineer; or, when applicable, a copy of the permit issued by the Pennsylvania Department of Environmental Resources approving earth moving operations.
(4) 
Permits or certification from the appropriate agency for the provision of a healthful water supply, disposal of sewage and other wastes, and control of objectionable effects as well as any other appropriate, lawful permits as may be required by statute.
(5) 
All applicable PennDOT permits.
(6) 
Additional copies of any information that may be required by the Zoning Officer.
C. 
A temporary zoning permit may be authorized by the Zoning Officer for a nonconforming structure or use which it deems beneficial to the public health or general welfare or which it deems necessary to promote the proper development of the community, provided that such nonconforming structure or use shall be completely removed upon expiration of the permit without cost to the Township. Such a permit shall be issued for a specified period of time, not exceeding one year.
A. 
A sign permit shall be required prior to the erection or modification of any sign, sign structure or change in location of an existing sign, with the exception of those signs exempted in § 370-102, Exempt signs.
B. 
Application shall be made in writing on an appropriate form to the Zoning Officer and shall contain all information necessary for such officer to determine whether the proposed sign, or the proposed alteration, conform to all the requirements of this chapter. All applications for sign permits shall be accompanied by plans or diagrams in duplicate and approximately to scale, showing the information required by § 370-110B. One copy of said plan or diagram shall be returned to applicant, after the Zoning Officer shall have marked such copy either approved or disapproved, and attested to same.
A. 
A building permit shall be required prior to the erection or alteration of or addition to, any building or other structure or portion thereof. It shall be unlawful for any person to commence work on the erection or alteration of, or addition to, any building or structure or portion thereof until a building permit has been duly issued therefor, except as provided by special exception.
B. 
All applications for building permits shall be accompanied by a plot plan drawn to scale and accurately showing the exact size and location of any buildings or other structures existing on the lot in question or upon abutting land within 50 feet of the side and rear lot lines of such lot, and the lines within which the proposed building or other structure shall be erected or altered. There shall, in addition, be included with all applications such other plans, documents, and information as may be necessary to enable the Zoning Officer to ascertain compliance with this chapter and all other pertinent ordinances.
C. 
No building permit shall be issued until the Zoning Officer has certified that the proposed building, structure or alteration complies with the provisions of this chapter and applicable ordinances. Upon approval of an application and the payment of the required fee, as defined by the Board of Supervisors and as may be amended, the Zoning Officer shall issue a building permit which shall be visibly posted on the premises during the entire time the proposed work is being undertaken. Upon completion of the erection, addition to, or alteration or any building, structure or portion thereof authorized by any building permit obtained in compliance with this chapter, and prior to use and 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 and other applicable ordinances, and has issued a use and occupancy permit as provided in § 370-137. A building permit shall expire one year from the date of issuance, provided that it may be extended at the discretion of the Zoning Officer for a six-month period where good faith is demonstrated by the applicant.
A. 
It shall be unlawful for the applicant, person or other entity to sell, occupy any building or other structure or parcel of land until a use and occupancy permit, if required, has been duly issued therefor. A use and occupancy permit shall be required prior to any of the following activities:
(1) 
Use and occupancy of any parcel of land, building or other structure hereinafter erected, altered or enlarged for which a zoning permit is required.
(2) 
For all commercial and industrial uses.
(3) 
For new construction in all zoning districts prior to sale.
B. 
All applications for use and occupancy permits shall be made in writing on forms furnished by the Township and shall include all information necessary to enable the Zoning Officer to ascertain compliance with this chapter.
C. 
No use and occupancy permit shall be issued until the Zoning Officer has certified that the proposed use complies with all the provisions of this chapter and any other applicable ordinance.
D. 
Issuance.
(1) 
Use and occupancy permits shall be granted or refused within 10 days from the date of application. No application shall be granted or refused until the Zoning Officer has inspected the premises. Issuance of this permit by the Township Official or employee designated by the Zoning Officer shall be based in conformity of the work to the requirements of this chapter and any other pertinent ordinance.
(2) 
Pending completion of a building or of alterations thereto, temporary use and occupancy permit may be issued by the Zoning Officer for a temporary occupancy of part or all of the building, provided that such temporary occupancy will not adversely affect the health, safety, and welfare of the public or property, and providing further that a time limit for temporary permits not exceeding six months shall be established.
(3) 
In commercial and industrial districts in which performance standards are imposed or when required by the Zoning Officer, no use and occupancy permit shall become permanent until 60 days after the facility is fully operating, when upon a reinspection by the Zoning Officer it is determined that the facility is in compliance with all performance standards.
A. 
An application for a conditional use shall be filed with the Township Manager and presented to the Board of Supervisors, and shall state:
(1) 
The name and address of the applicant;
(2) 
The name and address of the owner of the real estate to be affected by the proposed conditional use application;
(3) 
A description and location of the real estate on which the conditional use is proposed;
(4) 
A statement of the present zoning classification of the real estate in question, the improvements thereon, and the present use thereof;
(5) 
A statement of the section of this chapter which authorizes the conditional use, and the standards which regulate the design of said use; and
(6) 
An accurate description of the present improvements and the additions intended to be made under the application for conditional use, including the information required by § 370-84 for a conditional use proposal.
B. 
The application for a conditional use shall be filed with the Township Manager on such forms as may be prescribed for that purpose, and shall be accompanied by the application fee, prescribed from time to time, by the Board of Supervisors. No application shall be received for filing unless accompanied by the required filing fee. The Secretary shall submit the application to the Township Planning Commission within five days of receipt, and the Planning Commission shall review the application and make a recommendation to the Board of Supervisors within 30 days thereafter.
C. 
The Board of Supervisors shall hold a public hearing on the conditional use application in accordance with the following procedures:
(1) 
Notice of the hearing shall be given to the public by publication in newspaper of general circulation in the Township at least twice, the first such notice to be not less than 14 days prior to the date of the scheduled hearing. Additionally, like notice thereof shall be given to the applicant, the Zoning Officer, and to any person who has made timely written request for same. Notice of the hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing. The Board of Supervisors shall conduct its first hearing on the application within 60 days from the date the application is filed with the Township Secretary unless the applicant waives or extends the time limitation.
(2) 
The parties to the hearing shall be the Township any person affected by the application who has made timely appearance on the record before the Board of Supervisors, and any other person, including civic or community organizations permitted to appear by the Board of Supervisors. The Board of Supervisors shall have the power to require that all persons who wish to be considered parties enter written appearances on forms provided by the Board for that purpose.
(3) 
The Chairman or Acting Chairman of the Board of Supervisors shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by the parties.
(4) 
Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded.
(5) 
The Board of Supervisors shall keep a stenographic record of the proceedings. The appearance fee for a stenographer shall be shared equally by the applicant and the Board of Supervisors. The cost of the original transcript shall be paid by the Board of Supervisors if the transcript is ordered by the Board or shall be paid by the person appealing from the decision of the Board if such appeal is made. The cost of additional copies shall be paid by the person requesting such copy or copies.
(6) 
The Board of Supervisors shall render a written decision within 45 days after the last hearing before the Board. Where the application is contested or denied, the decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons therefor.
(7) 
A copy of the final decision shall be delivered to the applicant and the parties before the Board of Supervisors personally or mailed to them not later than the day following the date of the decision.
D. 
In granting or denying a conditional use or establishing conditions with reference to such grants, the Board of Supervisors shall use as a guide in evaluating a proposed conditional use, and may determine to be mandatory, those standards established for review of special exception applications by § 370-149 of this chapter. The burden of establishing compliance with those enumerated standards shall be upon the applicant by a fair preponderance of the credible evidence. The standards required by this subsection shall be deemed a part of the definitional aspect under which a conditional use may be granted, and the failure of the applicant to establish his compliance with all of the standards shall, at the discretion of the Board of Supervisors, be deemed either a basis for the establishing of conditions or limitations on an approval or the basis for a determination that the applicant has not met the requirements for which a conditional use may be granted.
E. 
Nothing in this section shall be construed to relieve the applicant for a conditional use approval from obtaining other required approvals mandated by Chapter 320, Subdivision and Land Development, or other applicable ordinances.
F. 
Appeals from a determination of the Board of Supervisors pursuant to any application for conditional use shall be only as prescribed within such times permitted by the applicable provisions of the Pennsylvania Municipalities Planning Code.
G. 
In granting an application for conditional use, the Board of Supervisors may attach such additional reasonable conditions and safeguards as it deems necessary and appropriate to insure compliance with the provisions of this chapter and to protect the health, safety and general welfare of the community.
The granting of any permit under this chapter by the Township or any of its designated officials for the use of land or structures or the erection, alteration or extension of any structure or the approval of any subdivision or land development plan shall not constitute a representation, guarantee, or warranty of any kind by the Township or any of its officials or employees as to any manner of injury resulting from such use, erection, alterations or extension, and shall create no liability upon, or a cause of action against such public body, officials or employees for any damages or injury that may result pursuant thereto.