The provisions of this chapter shall be administered and enforced
by an agent, to be appointed by and serve at the pleasure of the Board
of Supervisors who shall be known as the "Zoning Officer." The Zoning
Officer shall not hold any elective office in the Township. The Zoning
Officer shall administer this chapter in accordance with its literal
terms and shall not have the power to permit any construction or use
which does not conform to this chapter and all other applicable Township
and county ordinances and applicable statutes and regulations. The
Zoning Officer may be provided with assistance of such persons as
the Board of Supervisors may direct, and the compensation of the Zoning
Officer shall be determined by the Board of Supervisors.
The Zoning Officer shall have all of the duties and powers conferred
upon him by this chapter and the MPC. The Zoning Officer shall have
the power and authority to perform all of the following function:
A.Â
Applications and permits. The Zoning Officer shall receive, examine,
and process all applications for zoning permits and/or certificates
of use and occupancy for the erection, construction, alteration, repair,
extension, replacement, relocation, conversion, use, change of use
and/or occupancy of land, buildings and structures in the Township.
The Zoning Officer shall record and file all applications for permits
and accompanying plans and documents and keep them for public record.
B.Â
Inspection. The Zoning Officer may, and if requested by the Board
of Supervisors or the permit holder, shall make at least one inspection
during the progress of the work for which a zoning permit has been
issued. Upon completion of the work and before issuance of a certificate
of use and occupancy, he shall make a final inspection of the property
to assure compliance with all provisions of this chapter and all other
applicable Township and county ordinances and applicable statutes
and regulations. Violations of approved plans or permits shall be
noted, and the Zoning Officer shall notify the holder of the permit
of all discrepancies.
C.Â
Complaints regarding violations. The Zoning Officer may, and when
in receipt of a signed written complaint stating fully the cause and
basis thereof, shall investigate alleged violations of this chapter.
If a signed written complaint is received, said investigation shall
be completed within 15 days of receipt of said complaint. A written
report of all investigations of alleged violations of this chapter
shall be prepared and properly filed and a copy shall be sent to the
Board of Supervisors. If, after investigation, the Zoning Officer
determines that a violation has occurred, he shall take action as
provided in this chapter.
D.Â
Official records. It shall be the duty of the Zoning Officer to maintain
and be responsible for all pertinent records on zoning matters in
the Township. These records shall include, but not be limited to,
all applications received, copies of all permits and certificates
issued, copies of orders and findings of the Zoning Hearing Board,
written complaints of alleged violations, records of all inspections
made, a current copy of the chapter and all amending ordinances, a
copy of the current Official Zoning Map, and all other pertinent information.
The records of the Zoning Officer shall be available for the use of
the Township government and inspection by any interested party during
normal office hours. The Zoning Officer shall submit to the Board
of Supervisors a written report of all zoning permits and certificates
of use and occupancy issued and all notices of violations and stop-work
orders issued or recommended as requested by the Board of Supervisors.
E.Â
Nonconforming uses, structures and lots. The Zoning Officer may inspect
nonconforming uses, structures and lots and keep a record of such
nonconforming uses, structures and lots as a public record.
F.Â
Presentation of evidence and testimony. Upon the request of the Board
of Supervisors or the Zoning Hearing Board, the Zoning Officer shall
present to such bodies facts, records, and any similar information
on specific requests to assist such bodies in reaching their decisions.
H.Â
Reasonable accommodations. The Zoning Officer shall receive and render
determinations upon applications for reasonable accommodations requested
in accordance with the United States Fair Housing Amendments Act of
1988, 42 U.S.C. § 3601 et seq., or the Americans with Disabilities
Act, 42 U.S.C. § 12101 et seq., and the federal regulations
adopted pursuant to such statutes.
I.Â
To issue stop-work orders when the Zoning Officer determines that
a violation of this chapter exists or that construction is being commenced
in a manner violating any approvals under this chapter. The Zoning
Officer may issue stop-work orders orally or in writing. If the Zoning
Officer shall issue an oral stop-work order, the Zoning Officer shall
subsequently confirm such stop-work order with a written notice within
five business days.
A.Â
Requirements.
(1)Â
A zoning permit shall be obtained from the Zoning Officer:
(a)Â
For any erection, construction, alteration, extension, replacement,
relocation, or conversion of any building or structure or the commencement
of excavation or grading for construction of any building or structure;
and
(b)Â
For the change in use of any building, structure and/or land
other than a change in accessory use.
(2)Â
No zoning permit shall be required for repairs to or maintenance
of any building, structure or land, provided such repairs do not change
the use, alter the exterior dimensions of the building or structure,
or otherwise violate the provisions of this chapter or any other applicable
Township or county ordinance or applicable statute or regulation.
B.Â
Form of application for zoning permit. The application for a zoning
permit shall be submitted in such form as the Zoning Officer may prescribe
and shall be accompanied by the required fee as prescribed. Application
for a zoning permit shall be made by the owner or lessee of any building,
structure or land or the agent of either; provided, however, that
if the application is made by a person other than the owner or lessee,
it shall be accompanied by a written authorization from the owner
or lessee designating the agent and authorizing the work. The full
name and address of the applicant and the landowner, if different,
shall be stated on the application. If the applicant is a corporation,
the names and addresses of the officers of the corporation shall be
included on the application.
C.Â
Description of the work. The application shall contain a description
of the proposed work and/or use and occupancy of the building, structure
and/or land and any other information required by the Zoning Officer
to determine compliance with this chapter and other applicable Township
and county ordinances, statutes and regulations. The application shall
be accompanied by plans, in duplicate, drawn to scale, showing the
actual dimensions and shape of the lot, the size and location and
dimensions of the proposed use, building or alteration, distance from
existing lot lines and street right-of-way lines, parking areas, and
other pertinent information.
D.Â
Approval or disapproval of application. Upon receipt of the application, the Zoning Officer shall examine the application and supporting information to determine compliance with this chapter and other applicable Township and county ordinances, statutes and regulations. The Zoning Officer shall complete this examination within the time limits imposed by the MPC. No application is complete without the required fee. The Zoning Officer shall determine if subdivision and/or land development approval has been obtained, if state sanitation inspection requirements have been met, and, in the case of public buildings, the required permits have been issued by the Department of Labor and Industry. No zoning permit shall be issued unless the applicant presents the Zoning Officer with evidence that any applicable subdivision and/or land development approval has been granted, a sewage permit for an on-lot sewage disposal system has been issued by the Township Sewage Enforcement Officer for the lot when connection to a public sewer system is not proposed, a public water and/or public sewer connection permit has been issued from the appropriate authority, a driveway permit under Chapter 195, Article II, Driveways, of the Code of the Township of West Donegal, or a highway occupancy permit issued by the Department of Transportation of the Commonwealth of Pennsylvania has been issued in order that access may be gained to the lot, and all other required Township approvals and permits have been granted or issued. The Zoning Officer shall mark the application as either approved or disapproved and shall return one copy of the application to the applicant. The other copy shall be retained by the Zoning Officer for the Township files. If disapproved, the Zoning Officer shall attach a statement to the application explaining the reasons for such disapproval and informing the applicant of his right to appeal to the Zoning Hearing Board.
E.Â
Issuance and posting of permits. Upon approval of the application
by the Zoning Officer, the Zoning Officer shall issue a zoning permit
placard which shall be visibly posted on the site of operations during
the entire time of construction. The zoning permit shall expire one
year from the date of issuance, provided that it may be extended at
the discretion of the Zoning Officer for six-month periods not to
exceed a total of one year.
F.Â
Rights of permit holders. The zoning permit shall be a license to
proceed with work described on the approved application. The Zoning
Officer shall revoke a permit or approval issued under the provisions
of this chapter in the case of any false statement or misrepresentation
of fact in the application or on the plans on which the permit or
approval was based, or if the permit was issued in error, or if work
is not undertaken in accordance with the permit or for any other proper
cause. Permit holders shall proceed with work at their own risk and
subject to the rights of aggrieved parties to appeal the issuance
of the zoning permit as authorized by the MPC.
G.Â
Where a permit is required by this chapter, but the work is commenced
or the use is commenced or changed prior to obtaining such permit,
the fees set by ordinance or resolution of the Board of Supervisors
for such permit shall be doubled. The doubling of the permit fee shall
be required to reflect the additional expense incurred by the Township
resulting from the need to inspect the property, respond to any complaints,
issue any enforcement notices and/or process the application as soon
as it is received. The payment of such increased permit fee shall
not relieve any person from complying with all requirements of this
chapter or any other applicable Township ordinances or from any penalties
or enforcement actions authorized by this chapter or the MPC.
A.Â
Certificate of use and occupancy required. It shall be unlawful to
use and/or occupy any structure, building or land or portion thereof
for which a zoning permit is required until a certificate of use and
occupancy has been issued by the Zoning Officer. The Zoning Officer
shall not issue a certificate of use and occupancy unless he has inspected
said structure, building or land and has ascertained compliance with
all provisions of this chapter and all other applicable Township and
county ordinances, statutes and regulations.
B.Â
Issuance. Upon the receipt of written notification that the work
for which a zoning permit has been issued has been completed, the
Zoning Officer shall inspect the premises within 15 days to determine
that the work has been performed in accordance with this chapter and
the approved application and other applicable Township and county
ordinances, statutes and regulations. If he is satisfied that the
work has been completed in accordance with the approved application
and applicable ordinances, statutes and regulations, he shall issue
a certificate of use and occupancy to the permit holder for the use
indicated on the approved application. A copy of the certificate of
use and occupancy shall be retained by the Zoning Officer as part
of the records. If he finds that the work has not been performed in
accordance with this chapter and the approved application, the Zoning
Officer shall refuse to issue the certificate of use and occupancy
and, in writing, give the reasons therefor and inform the permit holder
of his rights of appeal to the Zoning Hearing Board.
C.Â
Temporary certificate of use and occupancy. Upon written request
of a holder of a zoning permit, the Zoning Officer may issue a temporary
certificate of use and occupancy for a structure, building and/or
land, or portion thereof, before the entire work covered by the zoning
permit shall have been completed. Such portion or portions may be
used and/or occupied prior to full completion of the work, provided
that public health, safety or welfare is not endangered.
D.Â
Temporary use permits. It is recognized that it may be in accordance
with the purpose of this chapter to permit temporary activities for
a limited period of time, which activities may be prohibited by other
provisions of this chapter. A temporary permit may be authorized by
the Zoning Hearing Board, subject to the following requirements:
(1)Â
Such a permit shall be issued for a period not to exceed six
months. Such permits may be extended not more than once for an additional
period of six months.
(2)Â
Temporary uses shall be consistent with the range of uses permitted
in the respective zoning district.
(3)Â
In no way shall the temporary use exert a detrimental effect
upon the uses of land and activities normally permitted in the zoning
district.
(4)Â
The temporary use shall be one that the Zoning Hearing Board
deems beneficial to the public health or general welfare, or which
it deems necessary to promote the proper development of the community.
(5)Â
Proof of the provision for adequate sanitary facilities acceptable
to the Township SEO, parking and traffic control, security, trash
removal, etc., related to the temporary use shall be provided at the
time of application for permit.
(6)Â
The applicant shall completely remove any structure or use authorized
by the temporary certificate of use and occupancy upon expiration
of the permit without cost to the Township.
The construction, excavation, alteration, maintenance or use
of any structure, building, land, or landscaping or the change of
use, area of use, percentage of use or displacement of the use of
any structure, building, land or landscaping without first obtaining
a zoning permit; or the use of any building, structure or land without
receipt of a certificate of use and occupancy; or the use or maintenance
of any building, structure or land for a use or in a manner which
is not in accordance with the provisions of this chapter; or the use
of property for a use different from that set forth in any zoning
permit or certificate of use and occupancy which has been granted
for the property without applying for and being granted a zoning permit
and certificate of use and occupancy for such new or different use;
or the failure to comply with any other provision of this chapter;
or the inclusion of any false statements on any application; or the
violation of any conditions imposed upon the grant of a special exception
or variance by the Zoning Hearing Board or a conditional use by the
Board of Supervisors or by a court of competent jurisdiction if a
special exception, variance or conditional use is granted by such
court are hereby declared to be violations of this chapter.
If it appears to the Zoning Officer that a violation of this
chapter shall exist, the Zoning Officer shall send an enforcement
notice (also known as a "notice of violation and cease and desist
order") to the owner of record of the lot on which the violation has
occurred, to any person who has filed a written request to receive
enforcement notices regarding that lot, to any other person requested
in writing by the owner of record, and to any person against whom
the Township may bring an enforcement action. The enforcement notice
shall contain the name of the owner of record and any other persons
against whom the Township may take action, the location of the property
in violation, the specific violation with a description of the requirements
which have not been met, citing in each instance the applicable provisions
of this chapter, the date before which steps for compliance must be
commenced and that date before which the steps must be completed,
that the recipient of the enforcement notice has the right to appeal
to the Zoning Hearing Board within 30 days, and that a failure to
comply with the notice within the time specified, unless extended
by an appeal to the Zoning Hearing Board, constitutes a violation
with sanctions as provided in this chapter.
If the enforcement notice is not complied with promptly, the
Zoning Officer shall notify the Board of Supervisors. The Board of
Supervisors may request the Township Solicitor to institute in the
name of the Township any appropriate action or proceeding at law or
in equity to prevent, restrain, correct or abate such violation or
to require the removal or termination of the unlawful use of the structure,
building, landscaping or land in violation of the provisions of this
chapter or the order or direction made pursuant thereto. The Board
of Supervisors may also direct the Zoning Officer or Township Solicitor
to institute a civil enforcement proceeding before a Magisterial District
Judge.
Any person who has violated or permitted the violation of the
provisions of this chapter shall, upon being found liable therefor
in a civil enforcement proceeding commenced by the Township, pay a
judgment of not more than $500 plus all court costs, including the
reasonable attorneys' fees incurred by the Township as a result thereof.
No judgment shall commence or be imposed, levied or be payable until
the date of the determination of a violation by the Magisterial District
Judge. If the defendant neither pays nor timely appeals the judgment,
the Township may enforce the judgment pursuant to the applicable rules
of civil procedure. Each day that a violation continues shall constitute
a separate violation, unless a Magisterial District Judge determining
that there has been a violation further determines that there was
a good faith basis for the person violating this 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 attorneys'
fees collected for the violation of this chapter shall be paid over
to the Township for the general use of the Township.
In case any building, structure or landscaping is erected, constructed,
reconstructed, altered, repaired, converted, or maintained; or any
building, structure or land is used; or any hedge, shrub, tree, or
other growth is maintained in violation of this chapter or of any
of the regulations made pursuant thereto or any of the permits or
certificates of use and occupancy issued under this chapter, or any
conditions imposed upon the grant of a special exception or variance
by the Zoning Hearing Board or upon the grant of a conditional use
by the Board of Supervisors, then in addition to any other remedies
provided by law, any appropriate action or proceeding may be instituted
or taken to prevent or restrain such unlawful erection, construction,
reconstruction, alteration, repair, conversion, maintenance or use
or to prevent any illegal act, conduct, business or use in and about
such premises.
