A.
Appointment. A Zoning Officer, who shall not hold any elected office
within Bear Creek Township, shall be appointed by the Township Board
of Supervisors. The Zoning Officer shall meet qualifications established
by Bear Creek Township, which shall, at minimum, include a working
knowledge of municipal zoning.
B.
Duties and powers of the Zoning Officer. It shall be the duty of
the Zoning Officer to enforce the provisions of this chapter in accordance
with its literal terms, and said officer shall not have the power
to permit any construction, alteration or any use or change of use
to land or structure which does not conform to the applicable provisions
within this chapter. The Zoning Officer's duties shall include but
are not limited to the following:
(1)
Receive and review all applications for zoning permits and to
approve and issue zoning permits when warranted.
(2)
Keep an official record of all business and activities, including
all complaints of zoning violations of any of the provisions of this
chapter and the resulting action of said complaints.
(3)
Conduct inspections of properties as required to fulfill his/her
duties. In conducting such activities, the Zoning Officer may have
access to any land, building or structure, subject to the consent
and/or right of entry by the owner or tenant or by securing a search
warrant issued by a court of proper jurisdiction.
(4)
Issue permits as authorized by the Zoning Hearing Board or the
Planning Commission, pursuant to the requirements and applicable procedures
of this chapter or by written order of a Court of proper jurisdiction.
(5)
Issue certificates of zoning compliance in accordance with the
terms and provisions of this chapter.
(6)
Issue certificates of nonconformity to nonconforming uses and/or
structures and to maintain a listing of such as required.
(7)
Maintain the Zoning Map, showing the current zoning districts
of all land and the zoning text, including amendments thereto.
(8)
Notify the Zoning Hearing Board, Planning Commission or Board
of Supervisors of required and/or requested hearings based upon the
completion of his review and processing of applications for a zoning
permit. The submission of an application for a zoning permit to the
Zoning Officer and his determination that a hearing before the Board
is either required or requested shall be a prerequisite for any application
being forwarded to the Zoning Hearing Board for consideration.
(9)
Participate in proceedings before the Zoning Hearing Board,
Planning Commission or Board of Supervisors and at their request,
furnish such facts, records and similar information which may assist
them in rendering decisions.
(10)
In the event of a violation of this chapter, provide written
notice to the person responsible for such violation, indicating the
nature of the violation and ordering the action necessary to correct
the violation. Such written notice may be served personally or by
certified mail. Corrective action may include an order to cease and
desist the illegal use and/or activity of land, buildings, signs,
or structures; or to remove illegal buildings, structures, additions,
signs, and/or structural alterations.
A.
Issuance of permit. No building, structure or sign shall be erected,
constructed, moved, added to or structurally altered, nor shall any
land, structure or building be put to any use without first obtaining
a zoning permit from the Zoning Officer. No application shall be submitted
to or considered by the Zoning Hearing Board until the Zoning Officer
has received an application for a zoning permit and has determined
that an approval and/or review by the Zoning Hearing Board, Planning
Commission or Board of Supervisors is required or requested by the
applicant. No such permit shall be issued except in conformity with
the provisions of this chapter or upon written approval from the Zoning
Hearing Board in the form of a special exception, variance or an administrative
appeal, upon written approval from the Board of Supervisors in the
form of a conditional use permit or as otherwise provided for by this
chapter or any court of proper jurisdiction. Normal and routine maintenance
and repairs to a structure shall be exempt from obtaining a zoning
permit. Interior remodeling of a structure shall also be exempt from
obtaining a zoning permit, provided that such remodeling does not
include structural alterations or result in a change in the use of
the structure.
B.
Form of application. All applications for permits shall be made in
writing by the owner, his authorized agent or equitable owner and
shall be filed with the Zoning Officer on forms prescribed by the
same. All applications which seek approval, involving new construction,
additions, structural alterations, a change of use and/or any other
form of improvements to a property shall be accompanied by two sets
of plans and information which includes but is not limited to the
following:
(1)
A plan drawn to scale, indicating the actual dimensions and
shape of the lot to be built upon and a written statement that the
applicant is the owner or authorized agent of the owner or equitable
owner.
(2)
The exact size and location on the lot of existing and/or proposed
structures, buildings or signs, including proposed additions thereto.
(3)
The number and type of dwelling units, if applicable.
(4)
The amount and location of parking and/or loading facilities.
(5)
The existing use and/or proposed use of the property.
(6)
The height of the building, structure and/or sign.
(7)
A detailed scale drawing of all signs, existing and proposed,
indicating their location and how they are and/or will be affixed
to the property.
(8)
Existing and/or proposed access to the site, including the name
of the public street and/or road.
(9)
Any other information deemed necessary by the Zoning Officer
to determine conformance with the provisions and regulations of this
chapter.
C.
Processing applications. The Zoning Officer shall return one copy
of the plans and accompanying information to the applicant upon marking
such copies approved or denied and attested to the same by his signature.
One copy of the plans and accompanying information shall be retained
by the Zoning Officer and kept on file.
D.
Time period for processing application. A properly completed zoning
permit shall be approved or denied within 30 days from the date of
receipt of a completed application and plans along with any additional
information as required by the Zoning Officer. A zoning permit shall
not be deemed complete until all applicable and associated fees are
paid in full. In cases of denial, the applicant shall be informed
of his/her rights of appeal as prescribed within this chapter. Such
notice shall be in writing under the signature of the Zoning Officer.
E.
Expiration of zoning permit. A zoning permit shall expire one year
from the date of issuance, if the work described in said permit has
not commenced, including permits authorized to be issued by the Zoning
Hearing Board. If the work described within the zoning permit has
commenced within the prescribed one-year period, the permit shall
expire two years from the date of issuance. In such cases, should
the applicant wish to pursue the work described within the expired
permit, a new application shall be required with the payment of new
fees.
F.
Revocation of permits. The Zoning Officer may revoke a permit or
approval issued in error under the provisions of this chapter or in
the case of any false statements or misrepresentation of fact in the
application or on the plans on which the permit or approval was based
or for any other just cause as set forth in this chapter.
A.
Notice of violation. If in the judgment of the Zoning Officer, it
appears that a violation of this chapter has occurred, the Zoning
Officer shall initiate enforcement proceedings by sending a violation
notice to the owner of record of the parcel of land on which the violation
has occurred, to any person who has filed a written request to receive
violation notices regarding the parcel of land and to any other person
requested in writing by the owner of record. The violation notice
shall include, but may not be limited to the following:
(1)
The name of the owner of record and any other person against
whom Bear Creek Township intends to take action.
(2)
The location and/or address of the property in violation.
(3)
The specific violations with a description of the requirements
which have not been met, citing in each instance the applicable sections
and provisions of this chapter.
(4)
The date by which the steps for compliance must be commenced
and the date by which the steps for compliance must be completed.
(5)
That the recipient of the violation notice has the right to
appeal the violation notice and request a hearing on the same before
the Zoning Hearing Board within 30 days from the issuance of the violation
notice. Section 127-157M shall govern the procedural process
of any appeal of a violation notice.
(6)
Failure to comply with the notice within the specified time
period, unless extended by an appeal to the Zoning Hearing Board,
constitutes a violation, with a description of sanctions which shall
result to correct or abate the violation.
B.
Causes of action. In case any building, structure, landscaping or
land is, or is proposed to be, erected, constructed, reconstructed,
altered, converted, maintained or used in violation of this chapter,
Township Board of Supervisors or, with the approval of the Township
Board of Supervisors, an officer or agent of Bear Creek Township,
or any aggrieved owner or tenant of real property who shows that his
property or person will be substantially affected by the alleged violation,
in addition to other remedies, may institute any appropriate action
or proceedings to prevent, restrain, correct or abate such building,
structure, landscaping or land, or to prevent, in or about such premises,
any act, conduct, business or use constituting a violation of this
chapter. When such action is instituted by a landowner or tenant,
notice of that action shall be served upon Bear Creek Township not
less than 30 days prior to the time the action is begun by serving
a copy of the complaint to the Township Board of Supervisors. No action
may be taken until such notice has been given.
C.
Jurisdiction. District Justices shall have initial jurisdiction over proceedings brought under Subsection D of this section.
D.
Enforcement remedies.
(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 proceedings
commenced by Bear Creek Township or the Zoning Officer, shall pay
a judgment of not more than $500, plus all court costs, including
reasonable attorney fees incurred by Bear Creek Township as a result
of said proceedings. No judgment shall commence or be imposed, levied
or payable until the date of the determination of a violation by the
District Justice. If the defendant neither pays nor timely appeals
the judgment, Bear Creek 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 has been a good-faith basis for the person, partnership
or corporation violating this chapter to have believed that there
was no such violation. In such cases, 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 Bear Creek Township.
(2)
The Court of Common Pleas, 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 Bear Creek Township the right
to commence any action for enforcement pursuant to this section.
The Township Board of Supervisors shall establish by resolution
a schedule of fees, charges and expenses and collection procedures
for zoning permits, certificates of zoning compliance, certificates
of nonconformance, appeals to the Zoning Hearing Board, applications
for conditional uses, amendments to the Zoning Ordinance or Zoning
Map and any other matters pertaining to the administration of this
chapter. The schedule of fees, charges and expenses shall be available
for public inspection and may be altered or amended by resolution
of the Township Board of Supervisors. No action shall be taken on
any application, appeal or certificate until all related fees, charges
and expenses have been paid in full. An application shall not be deemed
as filed until completed and submitted with payment in full of appropriate
fees and applicable supporting documentation.
