[Amended 6-24-2019 by Ord. No. 2019-15]
A. Interpretation. In the interpretation and application of the provisions
of this chapter, such provisions shall be determined to be the minimum
standards necessary for the promotion of the public health, safety
and general welfare of the Township of Delaware.
B. Enforcement.
(1)
It shall be the duty of the Construction Official and/or the
Zoning Officer of the Township to administer and enforce the provisions
of this chapter. It shall be unlawful for any person to erect, add
to, move or structurally alter, in whole or in part, any building
or structure unless a construction permit is obtained from the Construction
Official and no structure or lot shall be used in violation of this
chapter.
(2)
It shall be the duty of the Zoning Officer, within the Township,
to inspect the structures and land in the Township and order the owner,
in writing, to remedy any condition found to exist in violation of
the provision(s) of the zoning and land use ordinances of the Township.
For purposes of this inspection, the Zoning Officer shall have the
right to enter under due process of law. Said order shall be effective
immediately at the time of service.
(3)
The Township Engineer shall be available to assist the Construction
Code Official and Zoning Officer with respect to the enforcement and
implementation of the provisions of subdivision and site plan approvals.
(4)
Upon notice being served of any use existing in violation of
any provision(s) of this chapter:
(a)
The property owner shall have 10 days from the date of issuance
of the notice to cure the violation;
(b)
In the event the property owner fails to cure the violation
after such notice, the Construction Official and/or the Zoning Official,
or their duly authorized assistants, may issue a summons and complaint
for violation of the applicable ordinance provision.
(c)
Penalties may be assessed per §
230-150, which provides: "Except as otherwise provided in §
230-128 of this chapter, any person or entity who shall violate any provision of this chapter or any rule, regulation or order made under the authority of this chapter shall be liable for a fine not exceeding $500 or for imprisonment for a term not exceeding 90 days, or both, where applicable, and in cases of continuing violations, each day that such violation continues shall be deemed a separate offense. Any complaint to impose such penalty may be filed in Municipal Court on behalf of the Township by the Construction Code Official, any administrative officer, any municipal police officer or any interested party."
Whenever the requirements of this chapter are in conflict with
the requirements of any other lawfully adopted rules, regulations
or ordinances, the more restrictive requirements, or those imposing
the higher standards, shall govern.
A protest against any proposed amendment or revision to the
Land Use Ordinance may be filed with the Municipal Clerk, signed by
the owners of 20% or more of the area either of the lots or land included
in such proposed change or of the lots or land extending 200 feet
in all directions therefrom, inclusive of street space, whether within
or outside of the municipality. Such amendment or revision shall not
become effective following the filing of such protest except by the
favorable vote of 2/3 of the full authorized membership of the governing
body.
If any section, subsection, paragraph, clause, phrase or provision
of this Land Use Ordinance or the location of any zone boundary shown
on the Zoning Map that forms a part hereof shall be adjudged invalid
or held unconstitutional, the same shall not affect the validity of
this Land Use Ordinance as a whole or any part of the provisions hereof
other than the part so adjudged to be invalid or unconstitutional.
Except as otherwise provided in §
230-128 of this chapter, any person or entity who shall violate any provision of this chapter or any rule, regulation or order made under the authority of this chapter, shall be liable for a fine not exceeding $500 or for imprisonment for a term not exceeding 90 days, or both, where applicable, and in cases of continuing violations, each day that such violation continues shall be deemed a separate offense. Any complaint to impose such penalty may be filed in Municipal Court on behalf of the Township by the Construction Code Official, any administrative officer, any municipal police officer, or any interested party.
The municipal agency may, in its discretion, waive the application
of a particular regulation in this chapter, provided that the regulation
in question does not require the granting of a variance by the Planning
Board or Zoning Board of Adjustment, and further provided that the
developer makes a clear and convincing demonstration, allowing the
Board to find that:
A. By reason of the extraordinary and exceptional situation or condition
of the property in question, the strict application of such regulation
would result in peculiar and exceptional practical difficulties to,
or exceptional and undue hardship upon, the developer, and such waiver
will not impair the intent and purpose of this chapter; or
B. Such waiver would permit a development that will benefit the public
good and be in complete harmony with the intent and purpose of this
chapter.
This chapter amends in its entirety the Zoning Ordinance of
Delaware Township No. 1976-9 and all subsequent amendments and supplements
thereto, and the Development Regulation Ordinance of the Township
of Delaware No. 1980-6 and all subsequent amendments and supplements
thereto. Said Ordinances No. 1976-9 and 1980-6 and all subsequent
amendments and supplements thereto are hereby repealed.