[Ord. 2002-01, 2/7/2002, § 701]
1.
Building Permits. Where required by the Manheim Township Building Permit Ordinance [Chapter 4] for the erection, enlargement, repair, alteration, moving or demolition of any structure, a building permit must be obtained from the Code Enforcement/Zoning Officer. A building permit expires one year from the date of issuance. The permit application must be accompanied by the site plan showing, as necessary, to demonstrate conformity to this chapter:
A.
Lot: the location and dimensions of the lot.
B.
Streets: names and widths of abutting streets and highways.
C.
Structures and yards: locations, dimensions and uses of existing
and proposed structures and yards on the lot and, as practical, of
any existing structures within 100 feet of the proposed structure
but off the lot.
D.
Improvements: proposed off-street parking and loading areas, access
drives and walks; proposed sewage disposal system.
2.
Zoning Permits. A zoning permit shall be obtained from the Zoning
Officer (i) for any erection, construction, alteration, extension,
replacement, relocation or conversion of any building or structure
and (ii) for the change in use of any building, structure, sign and/or
land and (iii) for the excavation, grading of or earthmoving activities
on any property in preparation for the erection of a structure or
change in use of a property. 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.
3.
Use Certificates. A use certificate, certifying compliance with this
chapter, must be obtained from the Code Enforcement/Zoning Officer
for any new structure, as below, or for any change of use of a structure
or land, as set forth below, before such new structure or use or change
of use is occupied or established:
A.
Use of a structure erected, structurally altered or extended, or
moved after the effective date.
B.
Use of vacant land except for agricultural purposes.
C.
Any change in a nonconforming use of a structure or land.
D.
Any change from a nonconforming use of a structure or land to a conforming
use.
E.
Any change in the use of a structure or land from that permitted
by any variance of the Zoning Hearing Board.
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The application for a use certificate must include a statement
of the intended use and any existing use of the structure or land.
The certificate continues in effect as long as the use of the structure
or land for which it is granted conforms to this chapter.
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[Ord. 2002-01, 2/7/2002, § 702]
1.
Appointment and Powers. For the administration of this chapter, a
Code Enforcement/Zoning Officer, who may not hold any elective office
in the Township, shall be appointed by the Township Supervisors. The
Code Enforcement/Zoning Officer shall meet qualifications established
by the Board of Supervisors and shall be able to demonstrate to the
satisfaction of the Board of Supervisors a working knowledge of municipal
zoning. The Code Enforcement/Zoning Officer shall administer this
chapter in accordance with its literal terms and shall not have the
power to permit any construction or any use of change which does not
conform to this chapter. The Code Enforcement/Zoning Officer is the
enforcement officer for this chapter. He issues all building permits,
use certificates and, at the direction of the Zoning Hearing Board,
special exceptions and variances.
3.
Transmittal of Papers. Upon receipt of an application for a special
exception, variance or a notice of appeal, the Code Enforcement/Zoning
Officer must transmit to the Secretary of the Zoning Hearing Board
and to the Township Planning Commission copies of all papers constituting
the record upon the special exception, variance or appeal.
4.
Action on Building Permits. Within 15 business days after receipt of an application for a building permit, the Code Enforcement/Zoning Officer must grant or refuse the permit. If the application conforms to the applicable requirements of the Building Permit Ordinance [Chapter 4] and this chapter, the Code Enforcement/Zoning Officer must grant a permit. If the permit is not granted, he must state in writing the grounds of his refusal.
5.
Action on Use Certificates. Within 15 business days after receipt
of an application for a use certificate, the Code Enforcement Officer/Zoning
Officer must grant or refuse the certificate. If the specifications
and intended use conform in all respects with the provisions of this
chapter, he must issue a certificate to that effect. Otherwise, he
must state in writing the grounds of his refusal.
6.
Enforcement. If it appears to the Township that a violation of this
chapter has occurred, it shall initiate enforcement proceedings by
sending an enforcement notice to the owner of record of the parcel
of land in question. Should the owner fail to comply with the enforcement
notice as required, the Township may initiate appropriate legal action
as authorized by this chapter or by law.
7.
Records. The Code Enforcement/Zoning Officer must keep a record of:
A.
All applications for building permits, use certificates, special
exceptions and variances and all actions taken on them, together with
any conditions imposed by the Zoning Hearing Board.
B.
All complaints of violations of provisions of this chapter and the
action taken on them.
C.
All plans submitted.
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Nonconforming uses and nonconforming structures. All such records
and plans shall be available for public inspection.
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[Ord. 2002-01, 2/7/2002, § 703]
Any person aggrieved by a determination of the Code Enforcement/Zoning
Officer may appeal said determination to the Manheim Township Zoning
Hearing Bard in accordance with the provisions set forth herein and
in the Pennsylvania Municipalities Planning Code.
[Ord. 2002-01, 2/7/2002, § 704]
A building permit or other permit or authorization issued or
approved in violation of the provisions of this chapter, is voided
without the necessity of any proceedings for revocation. Any work
undertaken or use established pursuant to such a permit or other authorization
is unlawful. No action may be taken by a board, agency or employee
of the Township purporting to validate such a violation.
[Ord. 2002-01, 2/7/2002, § 705]
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, the Township Supervisors or,
with the approval of the Township Supervisors, an officer of the Township,
in addition to other remedies, may 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.
[Ord. 2002-01, 2/7/2002, § 706]
1.
Any person, partnership or corporation who or which 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 reasonable attorney 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 District Justice. 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 the District
Justice determining that there has been a violation further determines
that there was a good-faith basis for the person, partnership or corporation
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 District Justice, and thereafter each day that a violation
continues shall constitute a separate violation. All judgments, costs
and reasonable attorney fees collected for the violation of this chapter
shall be paid over to the Township.
2.
The court of common please, upon petition, may grant an order of
stay, upon cause shown, tolling the per diem fine pending a final
adjudication of the violation and judgment.
3.
Nothing contained in this section shall be construed or interpreted
to grant any person or entity other than the Township the right to
commence any action for enforcement pursuant to this section.
[Ord. 2002-01, 2/7/2002, § 707]
1.
Before voting on the enactment of an amendment, the Township Supervisors
shall hold a public hearing thereon, pursuant to public notice. In
addition, if the proposed amendment involves a zoning map change,
notice of said public hearing shall be conspicuously posted by the
Township at points deemed sufficient by the Township along the perimeter
of the tract to notify potentially interested citizens. The affected
tract or area shall be posted at least one-week prior to the date
of the hearing. In the case of an amendment other than that prepared
by the Planning Commission, the Township Supervisors shall submit
each such amendment to the Planning Commission at least 30 days prior
to the hearing on the amendment by the Township Supervisors. The Township
shall submit the proposed amendment to the County Planning Commission
for recommendations.
2.
Curative Amendments. A landowner who desires to challenge on substantive
grounds the validity of an ordinance or map or any provision thereof
which prohibits or restricts the use of development of land in which
he has an interest may submit a curative amendment to the Township
Supervisors with a written request that his challenge and proposed
amendment be heard and decided as provided in Section 10916.1 of the
Pennsylvania Municipalities Planning Code.
[Ord. 2002-01, 2/7/2002, § 708]
The Township Supervisors must set fees for all applications,
permits or appeals provided for by this chapter to defray the costs
of advertising, mailing notices, processing, inspecting and copying
applications, permits and use certificates. The fee schedule shall
be available at the Township Building for inspection.
