[Ord. 147, 8/11/2008, § 1600; as amended by Ord.
172, 2/14/2011, § V]
1.
For the administration of this chapter, a Zoning Officer, who shall
not hold any elective office in the Township, shall be appointed by
the Board of Supervisors. The Zoning Officer shall meet such qualifications
as the Board of Supervisors may establish from time to time and shall
demonstrate to the satisfaction of the Board of Supervisors a working
knowledge of municipal zoning. The Zoning Officer shall have such
powers and duties as provided in this chapter or otherwise by law
and when authorized by the Board of Supervisors institute civil enforcement
proceedings as a means of enforcement when acting within the scope
of his employment pursuant to this section.
A.
Powers and Duties of the Zoning Officer. It shall be the general
power and duty of the Zoning Officer to administer this chapter in
accordance with its literal terms. The Zoning Officer shall not have
the power to permit any construction or any use or change of use which
does not conform to the provisions of this chapter.
B.
Additional Powers and Duties. In addition to other powers provided
in and by this chapter, the Municipalities Planning Code, and/or other
law, the Zoning Officer shall have the following specific powers and
duties:
(1)
To provide the initial interpretation of the provisions of this
chapter and the enforcement thereof.
(2)
To receive and examine all applications for zoning permits and
sign permits to determine compliance with this chapter.
(3)
To issue zoning permits and sign permits only when in accordance
with the provisions of this chapter.
(4)
To revoke, by order, permits which were issued under a mistake
of fact or contrary to the law or to provisions of this chapter.
(5)
To record and file all applications for permits and accompanying
plans and documents and keep them for public record at the Township.
(6)
To make reports as the Board of Supervisors may require.
(7)
To issue zoning permits and sign permits by special exception
and/or variance only after approval for such permits has been so ordered
by the Zoning Hearing Board in accordance with the requirements of
this chapter, or by a court of appeals, subject to any stipulations
contained in such order.
(8)
To issue zoning permits and sign and demolition permits by conditional
use only after approval therefor has been so ordered by the Board
of Supervisors in accordance with the requirements of this chapter,
or by a court of appeals, subject to any stipulations contained in
such order.
(9)
To require that the application for a building permit and the
accompanying plot plan shall contain all of the information necessary
to enable the Zoning Officer to ascertain whether the proposed use,
building, construction or alteration complies with the provisions
of this chapter. No building permit shall be issued by the Building
Inspector unless the Zoning Officer certifies that the proposed use,
building, construction or alteration complies with the provisions
of this chapter.
(10)
To inspect nonconforming uses, buildings and lots and to keep
a filed record of such nonconforming uses and buildings as a public
record.
(11)
Upon the request of the Board of Supervisors or the Zoning Hearing
Board, present to such body facts, records, and any similar information
on specific requests to assist such body in reaching its decision.
(12)
To be responsible for the administration of the National Flood
Insurance Program in the Township as it relates to those areas where
records must be maintained relative to the types of land use permitted
and occurring within the floodplain district, variances issued, base
flood elevations, elevation of the lowest floor, including basement,
of structures within the floodplain district, the elevation to which
the structure is flood-proofed and other administrative functions
necessary for participation in the National Flood Insurance Program.
[Ord. 147, 8/11/2008, § 1601; as amended by Ord.
172, 2/14/2011, § VI]
1.
Permits Required.
A.
No building or structure shall be constructed, erected or structurally
altered, or demolished, nor shall any existing use of a building,
structure or land be changed until a zoning permit has been issued
by the Zoning Officer.
B.
When a building permit is required for the construction, erection
or structural alteration of any building or structure, or a demolition
permit is required for the demolition of any building or structure,
an application for a zoning permit shall be made simultaneously with
the application for a building or demolition permit. Further, no building
permit or demolition permit shall be issued until a zoning permit
has been issued by the Zoning Officer. Upon completion of the construction,
erection or structural alteration, or demolition, of the building
or structure in conformance with the provisions of this chapter, it
shall be the obligation of the applicant to notify, in writing, the
Zoning Officer. The Zoning Officer shall examine the building or structure
within 10 days of such written notice of completion and if such construction,
erection or structural alteration, or demolition, has not been completed
in accordance with the zoning permit that was issued and the provisions
of this chapter, a notice of noncompliance shall be issued within
an additional period of 10 days.
C.
When any existing use of a building, structure or land is to be changed,
an application for a zoning permit shall be made prior to the change
of such use and the issuance of a zoning permit. Upon completion of
the change of use of the building or structure in conformance with
the provisions of this chapter, it shall be the obligation of the
applicant to notify, in writing, the Zoning Officer. The Zoning Officer
shall make such examination and investigation as is necessary to determine
whether the change in use is in compliance with the zoning permit
that was issued and the provisions of this chapter within 10 days
of such written notice of completion, and if such proposed use is
found not to be in accordance with the provisions of the zoning permit
that was issued and this chapter, a notice of noncompliance shall
be issued within an additional period of 10 days.
D.
A zoning permit issued under this section shall state that the use
of the buildings, structures or land complies with the provisions
of this chapter.
2.
Application Forms.
A.
All applications for zoning permits shall be made on forms to be
furnished by the Zoning Officer and shall contain accurate information
regarding the size and location of the lot, the dimensions of all
yards and open spaces and such other information as may be required
by the Zoning Officer as necessary to ascertain compliance with this
chapter.
B.
No building permit or other permit for the construction, erection,
repair or alteration of a building or structure shall be issued before
a zoning permit has been issued.
[Ord. 147, 8/11/2008, § 1602; as amended by Ord.
172, 2/14/2011, § VI]
Every zoning permit issued under this section shall automatically
expire and become invalid after one year from the date of issuance
unless work authorized thereby has commenced and is underway or completed.
If work under the permit ceases for a period of six months the permit
shall expire.
[Ord. 147, 8/11/2008, § 1603; as amended by Ord.
172, 2/14/2011, § VI]
1.
Permit Applications. Fees for applications for zoning permits, sign
permits, demolition permits or similar permits shall be paid in accordance
with a fee schedule adopted by resolution of the Board of Supervisors
from time to time. Such schedule may be revised, as necessary, by
resolution of the Board of Supervisors.
2.
Applications or Appeals Before the Board of Supervisors or Zoning
Hearing Board.
A.
Upon submission of an application or appeal before the Board of Supervisors
or the Zoning Hearing Board, the applicant shall deposit an amount
of money in accordance with a schedule of applicant expenses, adopted
by resolution of the Board of Supervisors from time to time. The Zoning
Officer shall determine the category of application and, therefore,
the amount due.
B.
If, at any time, the charges then made against the applicant's deposit
shall render the balance insufficient to ensure payment of all expenses
that may accrue in the disposition of the pending appeal or application,
the Township shall obtain from the applicant additional deposits to
assure adequate funds to pay such expenses as they may accrue. Prior
to final disposition of the appeal or application, the amount of the
deposit shall not be less than 15% of the initial deposit amount.
The failure of the Township to require and obtain additional deposits
from time to time shall not relieve the applicant from liability for
expenses in excess of deposits.
C.
All applications, appeals, or other matters to or before the Board
of Supervisors or the Zoning Hearing Board shall not be considered
complete and pending until all applicable fees and expenses, in accordance
with the schedules thereof determined herein by the Board of Supervisors
have been paid in full. The Board of Supervisors or the Zoning Hearing
Board shall not take any action on any application, appeal or other
matter until the applicable fees and expenses have been paid in full.
[Ord. 147, 8/11/2008, § 1604]
The granting of any permit, application, or appeal under or
pursuant to this chapter by the Board of Supervisors, the Zoning Hearing
Board, Zoning Officer, or other official, body or agency of the Township,
for the use of land or structures or the erection, alteration, extension
or enlargement of any structure, (A) shall not constitute a representation,
guarantee or warranty of any kind by the Township, or any of its officials,
bodies, agencies or employees, as to such use, erection, alteration,
extension or enlargement, and (B) shall not create any liability upon,
or a cause of action against, the Township, or any official, body,
agency or employee thereof, for any damages or injury that may result
from such use, erection, alteration, demolition, extension, or enlargement.
