The provisions of this chapter shall be enforced
by a Zoning Officer and Assistant Zoning Officer with the aid of other
municipal agencies. The Zoning Officer and Assistant Zoning Officer
shall be appointed at the first meeting of the Township Supervisors
following the adopting of this chapter, to serve until the first Monday
of January next following and shall be appointed annually to serve
terms of one year and/or until their successors are appointed. The
Zoning Officer and Assistant Zoning Officer may succeed themselves.
They shall receive such compensation as the governing body shall provide.
Reference herein to the Zoning Officer shall include the Assistant
Zoning Officer.
A.
It shall be the duty of the Zoning Officer and he
shall have power to:
(1)
Keep a record of all plans and applications
for permits and all permits issued with notations as to special conditions
attached thereto. All records shall be open for public inspection.
(2)
Review applications for zoning permits for elections
or alterations of structures or changes of use; determine whether
such construction or use is in accordance with the general requirements
of this chapter, all other applicable ordinances and with the laws
and regulations of the commonwealth. The Zoning Officer shall issue
no permit unless it conforms with all applicable ordinances, statutes
and regulations. If he refuses to issue a permit, he shall instruct
the applicant in the method of appeal or application to the Zoning
Hearing Board.
(3)
Conduct inspections and surveys to determine
compliance or noncompliance with the terms of this chapter. In carrying
out such surveys, the Zoning Officer or his representative may enter
upon any land or building.
(4)
Make written orders requiring compliance with
the provisions of this chapter to be served personally to be mailed
to latest known address according to Township records.
(5)
Institute proceedings in courts of proper jurisdiction
for the enforcement of provisions of this chapter.
(6)
Maintain a map showing the current zoning classification
of all land.
(7)
Maintain a map and register showing the registration,
identity, location and type of all nonconforming uses.
(8)
Participate in all proceedings before the Zoning
Hearing Board, present facts and information to assist the Board in
reaching a decision which shall be compatible with this chapter and
have decisions of Zoning Hearing Board reviewed in a court of proper
jurisdiction when, in the judgment of the Zoning Officer, such review
is desirable or indicated.
B.
The Zoning Officer shall issue no permit for the construction
or use of any land or building or other structure unless it also conforms
to the requirements of all other ordinances and regulations of the
Township and with the laws of the commonwealth insofar as they are
known to him.
No buildings or other structures shall be constructed,
placed or altered in the Township or the use of any building or other
structures changed, nor vacant land occupied until a zoning permit
is secured from the Zoning Officer. Upon completion of the work authorized
by any permit, the applicant or owner shall notify the Zoning Officer
of said completion. No permit shall be considered as complete or permanently
effective until the Zoning Officer has noted on the permit that the
work has been inspected and approved as being in conformity with the
provision of this chapter.
A.
All applications for zoning permits shall be made
by the owner or tenants or authorized agent and shall be filed with
the Zoning Officer, in writing, on forms prescribed by the Zoning
Officer. The application shall include a statement as to the proposed
use of the building or other structure; shall be accompanied by a
plan, drawn to scale, showing the location of the building or other
structure in relation to property and road lines; shall include a
statement that the side lines of all roads shown on the plan have
been located and staked on the premises by a surveyor or other person
competent to give such location; and shall give the name and address
of the person who has so located and staked the road lines.
B.
If the applicant desires relief from the Zoning Hearing
Board, then, in addition, the application shall set forth the nature
of the relief and shall state briefly the reasons why such relief
should be granted and any other information the Zoning Officer or
the Zoning Hearing Board may require.
A use and occupancy permit shall be required
prior to any of the following:
A.
Use and occupancy of any building or other structure
hereinafter erected or altered.
B.
Change in use of any building or structure.
C.
Use of land or change in the use thereof, except that
the placing of vacant land under cultivation shall not require a use
and occupancy permit.
D.
Change in use or extension of a nonconforming use.
[Amended 3-21-1990 by Ord. No. 115]
E.
[1]It shall be unlawful for any person to use or occupy any
building or other structure or land until a use and occupancy permit
has been duly issued therefor.
[Added 3-21-1990 by Ord. No. 115]
[1]
Editor's Note: Former Subsection E, which
required a use and occupancy permit for transfer of property, amended
3-21-1990 by Ord. No. 115, was repealed 5-16-2007 by Ord. No. 217.
This ordinance also provided for the redesignation of former Subsection
F as Subsection E.
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.
No use and occupancy permit shall be issued
until the proposed use complies with all the provisions of existing
Township ordinances. Permits for construction and uses which require
a special exception or a variance shall be issued only upon order
of the Zoning Hearing Board.
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; and 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.
The applicant for a permit shall, at the time
of making the application, pay to the Zoning Officer, for the use
of the Township, a fee in accordance with a fee schedule adopted by
resolution of the Board of Supervisors, as may be amended from time
to time.
Development plans, in accordance with the requirements
of the Worcester Township Land Development Subdivision Ordinance,[1] shall be submitted for the use and development of all
land, except that no such plans shall be required for agricultural
or single-family detached dwellings where no street work or changes
are involved.
The Supervisors may grant approval of a listed
conditional use under any district, provided that the following standards
and criteria are complied with by the applicant for the conditional
use. The burden of proving compliance with such standards and criteria
shall be on the applicant.
A.
The applicant shall establish by credible evidence that the use or other subject of consideration for approval complies with the declaration of legislative intent as stated in Article I of this chapter and the declaration of legislative intent that may appear at the beginning of the applicable district under which approval is sought.
B.
The applicant shall establish by credible evidence
compliance with conditions on the conditional use enumerated in that
section which gives the applicant the right to seek a conditional
use.
C.
The applicant shall establish by credible evidence
that the proposed use or other subject of consideration for approval
shall not adversely affect neighboring land uses in any way and that
the proposed use or other subject of consideration for approval shall
not impose upon its neighbors in any way, but rather shall blend in
with them in a harmonious matter.
D.
The applicant shall establish by credible evidence
that the proposed use or other subject of consideration for approval
shall be properly serviced by all existing public service systems.
The peak traffic generated by the subject of the approval must be
accommodated for in a safe and efficient manner or improvements made
in order to effect the same. Similar responsibility must be assumed
with respect to other public service systems including police protection,
fire protection, utilities, parks and recreation.
E.
The applicant shall establish by credible evidence
that the proposed use or other subject of consideration for approval
shall be properly designed with regard to internal circulation, parking,
buffering and all other elements of proper design.
F.
The applicant shall provide the Supervisors with sufficient
plans, studies or other data to demonstrate that compliance with the
permitted uses or other such regulations, as may be the subject of
consideration for a conditional use approval, is unreasonable or inappropriate
for the instance at hand.
G.
The Supervisors shall impose such conditions as are
necessary to ensure compliance with the purpose and intent of this
chapter, which may include planting and buffers, harmonious design
of buildings and the elimination of noxious, offensive or hazardous
elements.
[Added 5-19-1999 by Ord. No. 170]
Unless otherwise specified in the decision of
the Board of Supervisors, a conditional use shall expire if the applicant
fails to obtain a building permit in connection therewith within one
year of the date of the order of the Board or court granting such
conditional use. In those instances where land development or subdivision
approval is a necessary prerequisite prior to obtaining a building
permit, the conditional use shall expire if the applicant fails to
make a diligent effort to obtain such approval within six months following
the date of conditional use approval. Upon receipt of land development
approval, the conditional use shall expire if a building permit is
not obtained within six months of the date of land development approval.
