Township of Moon, PA Part 14 ADMINISTRATION AND ENFORCEMENT

§ 27-1401 Zoning Officer.

[Ord. 658, 4/9/2015]

1. Appointment. The Zoning Officer shall be appointed and/or designated by the Township Manager and shall administer and enforce this chapter. The Zoning Officer shall hold no elective office in the Township and shall meet such other qualifications established by the Township, including, but not limited to, the ability to demonstrate, to the satisfaction of the Township, a working knowledge of municipal zoning.

2. Powers and Duties. The Zoning Officer shall have the following powers and duties:

A. To administer and enforce the provisions of this chapter in accordance with its literal terms and shall not have the power to permit any construction, or any use, or change of use which does not conform to this chapter.

B. To receive, review, and issue zoning certificates and zoning and occupancy permits in accordance with §§ 27-1403 and 27-1404 of this chapter.

C. To maintain a permanent file of all zoning certificates and zoning and occupancy permits and related applications.

D. To inspect buildings, structures, and uses of land to determine compliance with this chapter.

E. To make and maintain accurate and current records of legal nonconforming uses, buildings, structures, and lots.

F. To issue enforcement notices for violations of this chapter consistent with the requirements of § 27-1410 of this chapter.

G. To institute civil enforcement proceedings as a means of enforcement when acting within the scope of his employment.

§ 27-1402 Planning Director.

[Ord. 658, 4/9/2015]

The Planning Director shall be appointed and shall have the powers and duties set forth in Part 4A of Chapter 1 of the Moon Township Code of Ordinances, Administration and Government, as amended.

§ 27-1403 Zoning Certificate.

[Ord. 658, 4/9/2015]

1. A zoning certificate shall be issued upon a request to certify:

A. Correct zoning classification.

B. Compatibility of existing land uses.

C. Compatibility of proposed land uses.

D. Legal status of a nonconforming use, structure or lot.

2. Requests for a zoning certificate shall be accompanied by a development plan, as defined by this chapter, when, in the opinion of the Zoning Officer, such information is required to accurately certify the requested documentation.

§ 27-1404 Zoning and Occupancy Permit.

[Ord. 658, 4/9/2015]

1. General.

A. No use of land shall be made, no building or structure shall be constructed, reconstructed, altered, remodeled, enlarged, moved, occupied, or used, no existing use of a building, structure, or lot shall be changed, no nonconforming use shall be changed, enlarged, or extended, and no retaining wall shall be constructed, reconstructed, altered, or moved until a zoning and occupancy permit has been issued by the Zoning Officer.

B. Where a change in occupancy or use of any structure or lot in any zoning district, whether or not there is any construction, reconstruction, structural alteration, or movement of the structure, will generate, on the average, an additional 20 peak hour trips on any adjacent street, the applicant shall comply with the requirements of § 22-313 of the Township Subdivision and Land Development Ordinance [Chapter 22] (related to traffic impact study), which is incorporated herein by reference, prior to the issuance of a zoning and occupancy permit.

C. Any permit issued in conflict with the provisions of this chapter shall be null and void.

2. Permit Application and Issuance Procedure.

A. Whenever the proposed activity, whether new construction or alteration of an existing use requires a building permit under the Construction Code [Chapter 5, Part 1], the application for the zoning and occupancy permit shall be made prior to or simultaneously with the application for the building permit. However, the building permit shall not be issued until the zoning and occupancy permit has been granted.

B. When no building permit is required, the application for the zoning and occupancy permit may be made at any time prior to the use or occupancy of the building, structure, or property.

C. Permit applications shall be submitted in writing on such forms or in such format as established by the Township. The Zoning Officer may request any information necessary to determine the application's compliance with this chapter and any other applicable ordinance or resolution of the Township.

D. The Zoning Officer shall not issue the zoning and occupancy permit unless the property complies with all provisions and requirements of this chapter, the Construction Code [Chapter 5, Part 1], the Property Maintenance Code [Chapter 5, Part 2], the Subdivision and Land Development Ordinance [Chapter 22], the Stormwater Management Ordinance [Chapter 23], and all other applicable Township, county, state and federal laws, ordinances, resolutions, and regulations, and until all other required approvals and permits have been obtained from applicable Township, county, state and federal agencies, including, but not limited to, a PennDOT highway occupancy permit. The applicant shall submit copies of all such required approvals and permits to the Zoning Officer.

E. Where approvals are not required by other Township agencies or governmental entities, the Zoning Officer shall review and approve or disapprove the application. However, the Zoning Officer may seek the advice and recommendations of the Planning Commission on any application.

F. Upon completion of the applied-for work, the applicant shall notify the Zoning Officer who shall examine the building, structure, and/or use of the property involved to determine compliance with any conditions of the zoning and occupancy permit, and with the provisions of this chapter and all other applicable Township ordinances, resolutions, and regulations.

G. As a precondition to the issuance of any zoning and occupancy permit, a property owner shall permit the Zoning Officer to inspect both the exterior and interior of the property, as deemed necessary by the Zoning Officer. Any failure or refusal to permit such inspection shall result in denial of any application for a zoning and occupancy permit.

3. Period of Validity. A zoning and occupancy permit shall become null and void unless the construction, reconstruction, alteration, remodeling, use, or occupancy of the subject building, structure, and/or property is commenced within six months of the date of the permit's issuance, unless an extension of this time period is granted in writing by the Zoning Officer. The Zoning Officer may place reasonable conditions on any such written time extension.

§ 27-1405 Permits for Temporary Structures.

[Ord. 658, 4/9/2015]

1. The Zoning Officer may issue permits for temporary structures concurrent with a valid building permit or grading permit, including, and limited to, construction trailers and sales offices for lots or other approved land developments. Permits for temporary structures related to construction work authorized by a valid building permit or grading permit shall be issued by the Zoning Officer only for that time that the work authorized under the permit is in progress and during the time that the permit remains otherwise valid. Temporary structures shall not be located on any public street right-of-way. Any storage area to be utilized in conjunction with the construction activities must be completely enclosed by a fence. The fence shall be supplemented with screening material which creates a visual barrier that is at least 80% opaque. Any driveway or parking area for the temporary structure shall be constructed of gravel or other aggregate material acceptable to the Zoning Officer. Any temporary sanitary sewage facilities, including portable toilets, located on the property shall be maintained in a sanitary manner.

2. The permit for such a temporary structure shall be valid for a period not to exceed six months and may be renewed for an additional six-month period upon demonstration of continued need for the structure; however, all such temporary structures shall be removed immediately upon completion of construction and/or the sale of lots for which the temporary structure was authorized. Any revocation of the building permit or grading permit for the related construction or land development shall result in revocation of the permit for the temporary structure(s).

§ 27-1406 Schedule of Fees.

[Ord. 658, 4/9/2015]

The Board of Supervisors shall establish, from time to time by resolution, fees and charges for all permits and applications required by this chapter.

§ 27-1407 Amendments to Zoning Ordinance.

[Ord. 658, 4/9/2015]

Amendments of this chapter may be initiated by the Board of Supervisors, the Planning Commission, the Planning Director, or by a petition of a landowner within the Township in accordance with the following provisions:

A. Petitions for amendment by landowners, other than curative amendments under § 27-1408 of this chapter, shall be filed with the Planning Director, in a form prescribed from time to time by the Township, and shall contain the following:

(1) The application fee and deposit in an amount set from time to time by resolution of the Board of Supervisors.

(2) A written narrative setting forth the following:

(a) A detailed description of the proposed amendment to this chapter.

(b) A description of how the proposed amendment is consistent with the surrounding area and will not negatively impact the Township.

(c) A description of how the proposed amendment is consistent with the Comprehensive Plan.

(3) For applications requesting a Zoning Map change, the application shall contain a map(s) showing the subject property, surrounding lots and zoning districts within a 1/2-mile radius and a one-mile radius of the subject property.

B. Any proposed amendment other than one proposed by the Planning Commission shall be referred to the Planning Commission for review. The Planning Commission shall review the proposed amendment and report its findings and recommendations, in writing, to the Board of Supervisors and to the petitioner.

C. In the event the Planning Commission recommends approval of the proposed amendment, in whole or in part, or if a public hearing is requested by at least one member of the Board of Supervisors, a public hearing will be scheduled on the proposed amendment and a copy of the same submitted to the county planning agency at least 45 days prior to the public hearing in accordance with the requirements of the MPC.

D. If the proposed amendment involves a Zoning Map change, notice of the public hearing shall be:

(1) Mailed by the Township at least 30 days prior to the public hearing by first class mail to the addresses to which real estate tax bills are sent for all real property located within the area being rezoned, as evidenced by tax records within the possession of the Township. A good faith effort and substantial compliance shall satisfy the requirements of this subsection. This subsection shall not apply to a comprehensive rezoning.

(2) Conspicuously posted by the Township at points deemed sufficient by it along the tract to notify potentially interested citizens in accordance with the requirements of the MPC.

E. The proposed amendment shall also be published, advertised and made available to the public in accordance with the requirements of the MPC.

F. If after any public hearing held upon a proposed amendment, the proposed amendment is substantively revised or further revised to include land previously not affected by it, then the Board of Supervisors shall hold another public hearing pursuant to public notice before proceeding to vote on the proposed amendment.

G. The Board of Supervisors shall act on a proposed amendment to this chapter within 90 days of the date of the meeting at which the public hearing on the amendment is closed. If the Board of Supervisors fails to so act within the said ninety-day period, then the proposed amendment shall be deemed denied.

H. Within 30 days after enactment, a certified copy of the amendment to this chapter shall be forwarded to the county planning agency.

§ 27-1408 Landowner Curative Amendments.

[Ord. 658, 4/9/2015]

Any landowner who wishes to challenge, on substantive grounds, the validity of this chapter, or the Zoning Map, or any provision thereof which prohibits or restricts the use or development of land in which he has an interest may prepare and submit a curative amendment to the Board of Supervisors, in the form he proposes it be adopted, together with a written request that his challenge and proposed amendment be heard and decided in accordance with the requirements of the MPC. The Board of Supervisors shall hold a public hearing, pursuant to public notice, on the matter within 60 days of receiving an administratively complete curative amendment request. Public notice of the public hearing shall be given by the Township in accordance with the requirements of the MPC. Public hearings shall be conducted and held in accordance with the applicable provisions of the MPC. The Board of Supervisors shall comply with all applicable requirements of the MPC regarding the conduct of hearings and decisions related thereto.

A. Referral to Planning Commission. The curative amendment and challenge shall be referred to the Planning Commission and the county planning agency or its designee at least 45 days prior to the public hearing for review and comment.

B. Declaration of Invalidity by the Court. If the Township does not accept a landowner's curative amendment brought in accordance with this section and a court subsequently rules that the challenge has merit, the court's decision shall not result in a declaration of invalidity for this entire chapter but only for those provisions which specifically relate to the landowner's curative amendment and challenge.

C. Evaluation of Merits of Curative Amendment. If the Board of Supervisors determines that a validity challenge has merit, the Board of Supervisors may accept a landowner's curative amendment, with or without revision, or may adopt an alternative amendment which will cure the challenged defects. The Board of Supervisors shall consider the curative amendments, plans, and explanatory material submitted by the landowner and shall also consider:

(1) The impact of the proposal upon streets, sewer facilities, water supplies, schools, and other public service facilities.

(2) If the proposal is for a residential use, the impact of the proposal upon regional housing needs and the effectiveness of the proposal in providing housing units of a type actually available to and affordable by classes of persons otherwise unlawfully excluded by the challenged provisions of this chapter or the Zoning Map.

(3) The suitability of the lot's soils, slopes, woodlands, wetlands, floodplains, aquifers, natural resources, and other natural features for the intensity of the proposed use(s).

(4) The impact of the proposed use on the lot's soils, slopes, woodlands, wetlands, floodplains, natural resources, and natural features, the degree to which these are protected or destroyed, the tolerance of the resources to development, and any adverse environmental impacts.

(5) The impact of the proposal on the preservation of agriculture and other land uses which are essential to the public health, safety, and welfare.

§ 27-1409 Municipal Curative Amendments.

[Ord. 658, 4/9/2015]

If the Board of Supervisors determines that this chapter or a portion thereof is substantially invalid, it may implement the procedure for municipal curative amendments provided in § 609.2 of the MPC, 53 P.S. § 10609.2.

§ 27-1410 Enforcement Remedies.

[Ord. 658, 4/9/2015]

1. Civil Enforcement Proceedings.

A. Except where a different penalty is provided, 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 magisterial district judge. If the defendant neither pays nor appeals the judgment in a timely manner, 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 magisterial district judge, 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 5th 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 attorney fees collected for the violation of this chapter shall be paid over to the Township.

B. 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.

C. Enforcement Notice. The requisite enforcement notice, initiating a civil enforcement proceeding, shall contain the following information, in addition to any other information required by the MPC:

(1) The name of the owner of record and any other person against whom the Township intends to take action.

(2) The location of the property in violation.

(3) The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of this chapter.

(4) The date before which the steps for compliance must be commenced and the date before which the steps must be completed.

(5) The recipient of the notice has a right to appeal to the Zoning Hearing Board within 10 days of receipt of the enforcement notice pursuant to the procedures set forth in this chapter.

(6) Failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation with possible sanctions clearly described.

2. Equitable Enforcement Proceedings. 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, the Zoning Officer and/or the Township Solicitor, with the approval of the Board of Supervisors, may institute in the name of the Township any appropriate, equitable action or proceeding to 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. These remedies shall be in addition to any other remedies provided by law.

3. Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the Township the right to commence any action for enforcement pursuant to this section.