[Ord. 2-80, 11/17/1980, § 800; as amended by Ord.
91-4, 9/3/1991]
1.
For the administration of this chapter, a Zoning Officer, who shall
not hold any elective office in the Township of Richmond, shall be
appointed.
2.
The Zoning Officer shall meet the qualifications established by the
Township of Richmond and shall be able to demonstrate to the satisfaction
of the Township a working knowledge of municipal zoning.
3.
The 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 or change of use which does not conform to this chapter.
4.
The Zoning Officer is hereby authorized to institute civil enforcement
proceedings as a means of enforcement when acting within the scope
of his employment.
5.
Powers and Duties.
A.
The Zoning Officer shall receive applications for, and issue zoning
permits, certificates of use and stop-work orders in accordance with
the provisions of this chapter.
B.
The Zoning Officer shall make all the required inspections or he
may, subject to the approval of the Board of Supervisors, engage such
expert opinion as he may deem necessary to report upon unusual technical
issues that may arise.
C.
At least annually, the Zoning Officer shall submit to the Board of
Supervisors a written statement of all zoning permits, certificates
of use issued, and notices and orders issued.
D.
An official record shall be kept to all business and activities of
the office of the Zoning Officer specified by provisions of this chapter
and all such records shall be open to public inspection at all appropriate
times.
6.
The grant of a zoning permit within the Township, under this chapter
shall not constitute a representation, guarantee, or warranty of any
kind by the Township, its officials, agents, or employees, that such
use or plan is safe, practical, and/or feasible, and such grant or
approval shall create no liability upon the Township, its officials,
agents, or employees.
[Ord. 2-80, 11/17/1980, § 801]
1.
Zoning Permit. A zoning permit shall be required prior to the erection,
addition or alteration of any building or portion thereof; prior to
the use or change in use of a building or land; and prior to the change
or extension of a nonconforming use. It shall be unlawful for any
person to commence work for the erection or alteration of any building
or for a change in land use, until a permit has been duly issued therefore.
No zoning permit shall be required in cases of normal maintenance
activities, minor repairs and alterations which do not structurally
change a building or structure.
A.
Application for Permits. All applications for permits shall be accompanied
by plans in duplicate, drawn to scale, showing the actual shape and
dimensions of the lot to be built upon, the exact size and location
of any buildings.
(1)
No building or structure shall be erected, remodeled, added
to or structurally altered until a permit therefore has been issued
by the Zoning Officer. All applications for zoning permits shall be
in accordance with the requirements of this chapter. No zoning permit
shall be issued for any building where said construction, addition
or alteration for use thereof would be in violation of any of the
provisions of this chapter.
(2)
All requests for building permits shall be made in writing by
the owner or his authorized agent and shall include a statement of
the use as intended of the building. When complete and accurate information
is not readily available from existing records, the Zoning Officer
may require an applicant to furnish a survey of the lot by a registered
land surveyor.
(3)
One copy of such layout or plat plan shall be returned when
approved by the Zoning Officer together with the permit to the applicant
upon payment of a fee as predetermined from a fee schedule adopted
by the Board of Supervisors.
B.
The grant of a zoning permit within the Township, under this chapter
shall not constitute a representation, guarantee, or warranty of any
kind by the Township, its officials, agents, or employees, that such
use or plan is safe, practical, and/or feasible, and such grant or
approval shall create no liability upon the Township, its officials,
agents, or employees.
2.
Sign Permit.
A.
No permanent sign as described in this chapter shall be erected until
a permit therefore has been issued by the Zoning Officer.
B.
Application to the Zoning Officer shall be processed within one week
upon receipt of the written request to erect a sign and payment of
a fee as predetermined from a fee schedule adopted by the Board of
Supervisors, provided the size and nature of the sign is in conformity
with the provisions of this chapter, and all other effective and applicable
ordinances. Refusal of a sign permit shall include a written statement
to the applicant containing the reasons for denial.
C.
Negligence to apply for a sign permit is punishable by a fine as
prescribed by this chapter. Payment of said fine does not grant approval
to erect a sign.
3.
Temporary Permit.
A.
Temporary permits are required where it is intended that a mobile,
temporary or seasonal use, such as a recreational vehicle to which
the wheels remain attached for ready transport be located any where
within the Township for a period not to exceed 90 days. For purpose
of occupancy, temporary permits when issued, are good only for the
calendar year issued. If such use intends to hookup to any utility
a building permit shall be required and temporary status surrendered.
This does not apply to temporary guests of permanent resident of the
Township or the storage of a personal unit of a permanent resident
of the Township. "Temporary" herein defined as to not exceed a period
of 90 days.
C.
No temporary permit shall be issued for any temporary use where said
use would violate any of the provisions of this chapter except upon
approval of the Board of Supervisors.
D.
Written request to the Zoning Officer for a temporary permit shall
be processed within one week upon receipt of the request and payment
of a fee as predetermined from a fee schedule adopted by the Board
of Supervisors provided the use does not violate any provisions of
this chapter.
[Ord. 2-80, 11/17/1980, § 802]
It shall be the duty of the Zoning Officer, to make the following
minimum number of inspections on property for which a permit has been
issued.
1.
At the Beginning of Construction. A record shall be made indicating
the time and date of the inspection and the finding of the Zoning
Officer in regard to conformance of the construction with plans submitted
with the application for the building. If the actual construction
or land use does not conform to the application, a written notice
of a violation shall be issued by the Zoning Officer, and such violation
shall be discontinued. Upon proper correction of the violation and
receipt of written notice from the Zoning Officer, construction may
proceed.
2.
At the Completion of Construction. A record shall be made indicating
the time and date of the inspection and the findings of the Zoning
Officer in regard to conformance to this chapter.
[Ord. 91-4, 9/3/1991]
1.
If it appears to the Township that a violation of this chapter has
occurred, the Township shall initiate enforcement proceedings by sending
an enforcement notice as provided in this section.
2.
The enforcement notice shall be sent to the owner of record of the
parcel on which the violation has occurred, to any person who has
filed a written request to receive enforcement notices regarding that
parcel, and to any other person requested in writing by the owner
of record.
3.
An enforcement notice shall state at least the following:
A.
The name of the owner of record and any other person against whom
the Township intends to take action.
B.
The location of the property in violation.
C.
The specific violation with a description of the requirements which
have not been met, citing in each instance the applicable provisions
of this chapter.
D.
The date before which the steps for compliance must be commenced
and the date before which the steps must be completed.
E.
That the recipient of the notice has the right to appeal to the Zoning
Hearing Board within a period of 10 days.
F.
That 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.
[Ord. 91-4, 9/3/1991]
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 Board of Supervisors
or, with the approval of the Board of Supervisors, an officer of the
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 proceeding 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. When any such action is instituted by a landowner or
tenant, notice of that action shall be served upon the Township at
least 30 days prior to the time the action is begun by serving a copy
of the complaint on the Board of Supervisors. No such action may be
maintained until such notice has been given.
[Ord. 91-4, 9/3/1991]
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 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.
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 to any person or entity other than the Township the right
to commence any action for enforcement pursuant to this section.
4.
District justices shall have initial jurisdiction over proceedings
brought under this section.
