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. 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. 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. 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. 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. 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. 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.
G. Enforcement. The Zoning Officer shall enforce the provisions of this chapter in accordance with §§
240-121 and
240-122 herein. The Zoning Officer has the power to issue enforcement notices and institute civil enforcement actions.
H. 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. 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.
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.