The Zoning Officer is hereby given the duty, power and authority to enforce the provisions of this chapter. This Officer shall not hold any elective office in the municipality, and shall meet such qualifications as may be established by this Township, and be able to demonstrate to the satisfaction of the Township a working knowledge of zoning procedures and requirements. He/she shall have the authority to institute civil enforcement proceedings; and shall examine all applications for permits; issue permits for the construction, alteration, enlargement and occupancy of all uses which are in accordance with the requirements of this chapter and all nonconforming uses; record and file all applications for permits, with accompanying plans and documents; and make such reports to the Planning Commission and Zoning Hearing Board as may be required. Building permits for variance from the requirements of this chapter and for such uses on special exception as may be enumerated in Article III shall be issued only upon written order of the Zoning Hearing Board. The Zoning Officer shall notify the Planning Commission and the Zoning Hearing Board of all new buildings annually. The Zoning Officer shall be required to maintain an updated list of all nonconforming structures and uses.
A. 
Purpose. The purpose is to determine compliance with the provisions of this chapter. No person shall erect, remodel, alter or convert any structure or building or part thereof, nor alter the use of any land, subsequent to the adoption of this chapter until a building permit has been issued by the Zoning Officer.
B. 
Application for permits. All such applications shall be accompanied by plans, in triplicate, drawn to scale, showing the actual shape and dimensions of the lot or lots to be built upon; its block and lot number, as recorded; the date of official record of any lot or lots on which the construction is proposed; the exact size and location of any building, sign, parking or loading area or other physical feature existing or proposed on the lot; the existing and intended use of each building or part of a building; the number of families, dwelling units, employees, offices or other appropriate units of occupancy which the building is designed to accommodate; a written request for equivalent dwelling unit allocation (WREA) in accordance with Chapter 119, where connection to the public sanitary sewer system is required or requested; and other such information as may be necessary to determine compliance with this chapter, together with a filing fee in accordance with the schedule annually fixed by resolution of the Council. One copy of such plans shall be returned to the owner when such plans shall be approved; one copy each of all applications, with accompanying plans and documents, shall become a public record after the permit is issued or denied; and one copy shall be delivered to the Erie County Assessment Office.
[Amended 10-3-2000 by Ord. No. 11-00]
C. 
Issuance of permits. It shall be the duty of the Zoning Officer to issue a building permit, provided that he/she is satisfied that the structure, building, sign, and parking area of the premises, and the proposed use thereof, conform with all requirements of this chapter, and that all other reviews and actions, if any, called for in this chapter have been complied with and all necessary approvals secured thereof. All building permits shall be issued in triplicate, and one copy shall be kept conspicuously on the premises affected, and protected from the weather, whenever construction work is being performed thereon. No owner, contractor, workman or other person shall perform any building operations of any kind unless a building permit covering such operations has been displayed as required by this chapter, nor shall they perform building operations of any kind after notifications of the revocation of said building permit. A building permit shall remain in force for one year from the date of the issuance thereof and must be renewed thereafter by applying for a new permit.
D. 
Denial of permits.
(1) 
When the Zoning Officer is not satisfied that the applicant's proposed development will meet the requirements of this chapter, he/she shall refuse to issue a building permit, and the applicant may appeal to the Zoning Hearing Board for a reversal of the Zoning Officer's decision. The Township may refuse to issue any permit or grant any approval necessary to further improve or develop any real property which has been developed or which has resulted from a subdivision of real property in violation of any ordinance conforming to the code. This authority to deny such a permit or approval shall apply to any of the following applicants:
(a) 
The owner of record at the time of such violation.
(b) 
The vendee or lessee of the owner of record at the time of such violation, without regard as to whether such vendee or lessee had actual or constructive knowledge of the violation.
(c) 
The current owner of record who acquired the property subsequent to the time of the violation, without regard as to whether such vendee or lessee had actual or constructive knowledge of the violation.
(d) 
The vendee or lessee of the current owner of record who acquired the property subsequent to the time of violation, without regard as to whether such vendee or lessee had actual or constructive knowledge of the violation.
(2) 
As an additional condition for issuance of a permit or the granting of an approval to any such owner, current owner, vendee or lessee for the development of any such real property, the municipality may require compliance with the conditions that would have been applicable to the property at the time the applicant acquired an interest in such real property.
E. 
Revocation of permits. If it shall appear at any time, to the Zoning Officer that the application or accompanying plot is in any material respect false or misleading, or that work is being done upon the premises differing materially from that called for in the application filed with him/her under existing laws or ordinances, he/she may forthwith revoke the building permit, whereupon it shall be the duty of the person holding the same to surrender it and all copies thereof to said Zoning Officer. After the building permit has been revoked, the Zoning Officer may, in his/her discretion, before issuing a new permit, require the applicant to file an indemnity bond in favor of the Township with sufficient surety conditioned for compliance with this chapter and all building laws and ordinances then in force, and in a sum sufficient to cover the cost of removing the building if it does not so comply.
F. 
Septic permits.
[Amended 7-27-1993 by Ord. No. 1-93]
(1) 
In all areas where public sewerage is not available, no person may install or construct an individual on-lot sewage system or start to install, construct, occupy or use a building to be served by that system without first obtaining a permit from the Erie County Department of Health, except as provided in Subsections F(4) and (5).
(2) 
A permit is required by the Erie County Department of Health for alterations to an existing individual on-lot sewage system when the alteration requires the repair, replacement or enlargement of a treatment tank, subsurface absorption area or retention tank.
(3) 
Temporary sanitation facilities must comply with any applicable sanitation laws, rules and regulations as administered by the Occupational Safety and Health Administration (OSHA) for construction sites, and by the Erie County Department of Health for temporary public gatherings.
(4) 
A permit is not required for the installation of a recycling toilet, incinerating toilet, composting toilet or other type of water-conservation device where the existing on-lot system will not be altered.
(5) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection F(5), which listed instances in which permits were not required for installation of individual on-lot sewage systems, was repealed 7-5-2011 by Ord. No. 1-11.
(6) 
All business structures, where public sewerage is not available, must apply for and receive a septic permit from the Erie County Department of Health before a building permit may be issued; the size of a parcel does not enter into consideration.
(7) 
No parcel may contain more than two detached single-family dwellings and two individual on-lot sewage systems, except as provided in the CD-1 District of this chapter.
[Amended 7-2-2002 by Ord. No. 3-02; 7-5-2011 by Ord. No. 1-11]
G. 
Substantial completion. The outside of all new structures for which a building permit has been issued shall be substantially completed within one year from the date construction is started. "Substantially completed" shall be construed to mean that the applicable outside parts, such as foundation, roof and exterior walls, are finished, including painting, siding, masonry or other desired methods, and that all exterior doors and windows are installed. It shall also mean that the lot shall be cleared of debris and graded. Should the structure not meet this criteria within the one-year period, then the applicant must make a new application with the Zoning Officer to renew the building permit.
H. 
Demolition permits.
[Added 2-7-2006 by Ord. No. 5-05]
(1) 
Except as hereinafter provided, no building or structure in excess of 140 square feet of floor area shall be demolished until a permit has been issued therefor by the Code Enforcement Officer or his designee.
(2) 
All applications for demolition permits shall be in writing, signed by the owner or agent, on forms furnished by the Township and filed with the Code Enforcement Officer or his designee and shall briefly state:
(a) 
A description of the property and buildings or structures to be demolished;
(b) 
The name and address of any contractor, if any, participating in the demolition;
(c) 
Agreement to comply with this chapter and all other laws, ordinances and regulations that may be applicable;
(d) 
The applicant’s proposal for capping natural gas lines, water lines, water wells, sewage lines or systems, if any;
(e) 
The applicant’s proposal, including a description of materials to fill in any dug wells, septic system and/or cellar or other subsurface areas to grade level, which shall be required except as set forth in Subsection H(5) hereunder.
(3) 
The application shall be accompanied by a signed sworn affidavit of the applicant stating that all demolition debris shall be promptly and legally disposed of at a properly permitted landfill or dump.
(4) 
Where, within a period of five days, a new building or structure is to commence being constructed on the property, and existing natural gas lines, water lines, sewage lines or systems, cellar areas or other subsurface areas are to be utilized for such new building or structure, such information shall be set forth in the application. The Code Enforcement Officer, or his designee, may grant a stay of 30 days before requiring compliance with the capping or filing requirements as set forth in Subsection H(2) above.
(5) 
All demolition sites shall be barricaded in such a manner as to provide proper warning and protection to the public.
(6) 
All demolition projects, once commenced, must be completed within 30 days of their commencement date, unless a written extension has been granted by the Code Enforcement Officer or his designee.
A. 
For new uses. After completion of the whole building or structure and upon sworn application by the owner or his duly authorized agent, setting forth such facts as the Zoning Officer may require, and after actual inspection of the premises by the Zoning Officer, he/she shall, upon finding the facts to be as represented, issue, in duplicate, an occupancy permit, certifying that the premises comply with the provisions of this chapter and may be used for the purposes set forth in the permit, which purposes shall conform with the requirements of this chapter. No change of use shall be made in any building, structure or premises now or hereafter erected or altered that is not consistent with the requirements of this chapter. Any persons desiring to change the use of his premises shall apply to the Zoning Officer for an occupancy permit, setting forth such facts as may be required. A record shall be kept of all occupancy permits issued, and the original applications for building permits. No owner, tenant or other person shall use or occupy any building or structure thereafter erected or altered, the use of which shall be changed after the passing of this chapter, without first procuring an occupancy permit, provided that an occupancy permit, once granted, shall continue in effect so long as there is no change of use, regardless of change in the personnel or tenants or occupants.
B. 
For existing uses. Upon written request from the owner, tenant or occupant, the Zoning Officer, after inspection, shall issue an occupancy permit for an existing use legally existing at the time this chapter is made effective, certifying the extent and kind of use and whether any such use conforms with the provisions of this chapter.
A. 
Complaints of violations. Whenever a violation of this chapter occurs, any person may file a complaint in regard thereto. All such complaints must be in writing and shall be filed with the Zoning Officer, who shall properly record such complaint and immediately investigate and report thereon, after which such violation can be appealed to the Zoning Hearing Board within a thirty-day period.
B. 
Enforcement remedies. In case any building, structure or land is or is proposed to be erected, constructed, reconstructed, altered, converted, maintained or used in violation of this chapter or the code, the governing body or, with the approval of the governing body, an officer of the municipality, in addition to other remedies, may institute in the name of the municipality any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure or land, or to prevent in or about such premises any act, conduct, business or use constituting a violation.
C. 
Enforcement penalties. Any person, partnership or corporation who or which shall be adjudged to have violated the provisions of this chapter or the code shall be subject to a judgment of not more than $500, court costs and attorney's fees. Each day that a violation continues shall constitute a separate offense, except when a party is considered to be involved in good faith efforts to correct the nonconforming condition, in which case one violation shall be assessed during the first five days of the nonconformity, after which each continuing violation shall constitute a separate offense. District Justices shall have initial jurisdiction in proceedings brought under this section. 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 municipality may enforce the judgment pursuant to the applicable Rules of Civil Procedure. The Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem judgment pending a final adjudication of the violation and judgment.
The procedure and time limitations for appeal from an ordinance, decision, determination or order of the Township Council, the Zoning Officer, the Zoning Hearing Board or other agent of the Township in the enactment of administration of this chapter shall be in conformance with the provisions of Article X of the code.[1]
[1]
Editor's Note: This article, formerly codified as 53 P.S. § 11001 et seq., was repealed 12-21-1988 by P.L. 1329, No. 170, § 100. See now 53 P.S. §11001-A et seq..