[Ord. 275, 2/9/2000, § 801]
1.
Persons desiring to undertake any new construction, structural or
site alteration, or changes in the use of a building or lot shall
apply to the Township Zoning Officer for a zoning permit by filling
out the appropriate application form and by submitting the required
fee.
2.
The Zoning Officer shall either issue the zoning permit or shall
refuse the Permit, indicating in writing the reason for refusal. Certain
construction, alterations or uses require approval of the Zoning Hearing
Board and/or of the Board of Supervisors, and/or the recommendations
of the Planning Commission.
3.
If refused a permit by the Zoning Officer, the applicant may appeal
to the Zoning Hearing Board for further consideration.
4.
After the zoning permit has been received by the applicant, he may
undertake the action permitted by the zoning permit.
5.
Upon completion of such action, the applicant must apply to the Township
Secretary for an occupancy permit (where such a permit is required).
6.
If the Zoning Officer finds that the action of the applicant is in
accordance with the zoning permit and any other required permits,
they shall issue an occupancy permit allowing the premises to be occupied.
[Ord. 275, 2/9/2000, § 802; as amended by Ord.
No. 382, 11/8/2017, and by Ord. No. 386, 2/14/2018]
1.
Zoning Permit.
A.
Scope. It shall be unlawful to construct, enlarge, alter, place,
or demolish a structure on a property, or to alter the use of any
land, or change the occupancy of a building or structure requiring
greater strength, exitway, or sanitary provisions, or to change to
another use, to change or extend a lawfully existing nonconforming
use or structure until a zoning permit is obtained from the Zoning
Officer. Repairs which do not increase the size of the structure or
building or constitute an alteration of the use shall not require
a zoning permit. For purposes of administration, the zoning permit
required herein may be made part of a building permit but shall at
no time be construed to be a building permit.
B.
Types of Uses.
(1)
Permitted Use. A zoning permit for a permitted use may be issued
by the Zoning Officer.
(2)
Special Exception, Variance. A zoning permit for a use requiring
a special exception shall be issued by the Zoning Officer only upon
the written order of the Zoning Hearing Board after a hearing following
a review by the Planning Commission. A zoning permit for a use requiring
a variance shall be issued by the Zoning Officer only upon the written
order of the Zoning Hearing Board after a hearing. An application
for a special exception, variance, or for interpretation of any part
or provision of this Section shall be made to the Zoning Hearing Board
on forms which may be obtained from the Township Office.
C.
Application.
(1)
All applications for a zoning permit shall be in writing on
a form available at the Township Office, or available to be downloaded
on the Township online website and shall be submitted to the Township
Office, to the attention of the Zoning Officer, along with all required
fees, as applicable.
(2)
All applications for a zoning permit shall include a plot plan
drawn to scale showing the location and dimensions of the lot area
and of the proposed uses of buildings and/or land. The Zoning Officer
or the Zoning Hearing Board may require any additional information
which they deem necessary to properly evaluate the application for
the purpose of determining its conformity with the Zoning Ordinance.
(3)
Prior to the issuance of any zoning permit, the Zoning Officer
shall review the application for such permit to determine if all other
necessary governmental permits (such as those required by State and
Federal laws such as but not limited to Act 537, the Pennsylvania
Sewage Facilities Act,[1] the Water Obstruction Act of 1913, the Uniform Construction
Code, the Clean Streams Law[2] and the Federal Water Pollution Control Act Amendments
of 1972, § 404, 33, U.S.C. 1334) have been obtained. No
permit shall be issued until the applicant has provided written evidence
to the satisfaction of the Zoning Officer that all other required
permits from all governmental agencies (either of the Commonwealth
of Pennsylvania or federal) have been obtained.
(4)
Where the Zoning Officer, Township Engineer and/or Township
Manager determine that there may be wetlands, streams, riparian buffers,
ponds, lakes and/or vernal pools/ponds on a proposed development site,
the Zoning Officer may suspend, withdraw or delay Township zoning
permits until the applicant provides evidence from a qualified professional
that such feature(s) do not exist or that such action will comply
with all applicable federal and state permit requirements.
(5)
The Zoning Officer may submit a copy of any plan and application
to any appropriate agencies and/or individuals (such as but not limited
to the Northampton County Conservation District, Planning Commission,
Township Engineer, Wetlands Consultant, Sewage Enforcement Officer,
etc.) for review and comment. The applicant shall be responsible for
paying any costs associated with the review of the plan. Said fees
shall be approved via an annual fee schedule to be approved by the
Plainfield Township Board of Supervisors by resolution.
D.
Issuance.
(1)
The Zoning Officer shall issue or refuse a properly completed
application for a zoning permit within 30 days after the date such
application was made, except as specifically provided for in this
Section and provided that nothing contained in this Section shall
be construed to require or empower the Zoning Officer to grant a permit
approving construction on or use of land which has been subdivided
into lots pursuant to a plan of subdivision, the plan of which has
not been approved by the Township Board of Supervisors and duly recorded
as required by law. The Zoning Officer may refuse to review any incomplete
application or application for which the required fees were not tendered.
(2)
A zoning permit shall be issued in at least triplicate.
(3)
One copy shall be kept conspicuously on the premises. No person
shall perform building operations of any kind unless a zoning permit
is displayed as required by this Section.
(4)
After the issuance of a zoning permit by the Zoning Officer,
no changes of any kind shall be made to the application, permit, plans,
specifications, or other documents submitted with the application
without the written approval of the Zoning Officer.
E.
Expiration.
(1)
Each permit or approval issued shall expire after 24 months
if no work is undertaken or such use or activity is not established,
unless a different time of issuance of the license or permit is allowed
in this Section, or unless an extension is granted by the Township
prior to expiration.
F.
Cancellation or Revocation of Permits.
(1)
The Zoning Officer shall revoke a permit or approval issued
under the provisions of this Zoning Ordinance in case of:
(a)
Upon the discovery of any false statement or misrepresentation
or fact in the application or on the plans on which the permit or
approval is based; or
(b)
Upon the discovery of any violation of any condition lawfully
imposed upon a special exception or conditional use; or
(c)
Upon the discovery of any work being performed or the use of
land or structures in such a way that does not comply with this Section
or an approved site plan or approved Zoning Permit application.
2.
Certificate of Occupancy.
A.
Scope. Prior to the use and occupancy of any new construction, or
reoccupancy after abandonment of any land or building, or for a change
in a principal use, a certificate of occupancy shall be secured from
the Zoning Officer.
B.
All applications for a certificate of occupancy shall be in writing
on a form furnished by the Township.
C.
Issuance.
(1)
Upon completion of the erection or alteration of any building
or portion thereof authorized by a zoning permit and prior to occupancy
and/or use, the holder of such permit shall notify the Zoning Officer
of such completion. No permit shall be considered complete or permanently
effective until the Zoning Officer and/or the Building Code Official
as required has certified that the work has been inspected and approved
as being in conformity with the provisions of this Section and other
applicable ordinances and regulations, including but not limited to,
the Uniform Construction Code, as amended. If the Zoning Officer and
the Building Code Official are both satisfied that the property is
in conformity with all applicable Township ordinances, and that the
proposed use is consistent with the Zoning Ordinance, a certificate
of occupancy shall be issued. All applications with accompanying plans
and documents shall become and be preserved as a public record, subject
to the disposition of the Board of Supervisors.
(2)
A certificate of occupancy shall be granted within five business
days after the Zoning Officer and/or the Building Code Official have
received or completed a final inspection report that indicates the
property is in compliance with applicable Township ordinances and
the Uniform Construction Code.
(3)
A copy of the certificate of occupancy shall be kept upon the
premises, and shall be displayed upon request made by any officer
of the Township.
D.
The Zoning Officer, prior to the issuance of a certificate of occupancy,
shall require where applicable that the applicant demonstrates that
the applicant has obtained all required governmental permits, including
but not limited to, all requirements listed under the Uniform Construction
Code, and all other state and federal requirements.
3.
Other Permits. The Township may require additional permits specified
in other related ordinances and laws.
4.
Certificate of Nonconforming Use or Structure.
A.
The owner of the premises occupied by a lawful nonconforming use
or structure shall secure a certificate of nonconforming use or structure
from the Zoning Officer.
B.
Such certificate shall be authorized by the Zoning Officer and shall
certify to the owner their right to continue such nonconforming use
or structure.
[Ord. 275, 2/9/2000, § 803; as amended by Ord.
No. 386, 2/14/2018 ]
2.
Duties and Powers.
A.
The Zoning Officer shall:
(1)
Administer the Zoning Ordinance in accordance with its literal
terms;
(2)
Identify and register nonconforming uses and nonconforming structures;
(3)
Receive and examine all applications required under the terms
of this Section;
(4)
Issue or refuse zoning permits within 30 days of the receipt
of the application, except as specifically provided for in this Section.
(5)
Receive complaints of violation of this Section;
(6)
Issue a written notice of violation to any person violating
any provision of this Section;
(7)
Keep records of applications, permits, and certificates issue,
of variances granted by the Zoning Hearing Board, of complaints received,
of inspections made, of reports rendered, and of notice or orders
issued;
(8)
Make all required inspections and perform all other duties as
called for in this Section; and
(9)
Issue stop work orders to person(s) responsible for properties
which are in violation of the Zoning Ordinance.
B.
The Zoning Officer shall not have the power to permit any construction,
use or change of use which does not conform to this Section.
C.
Should the said Zoning Officer be in doubt as to the meaning or intent
of any provision of this Section, or as to the location of any district
boundary line on the Zoning Map, or as to the property of issuing
a zoning permit or a certificate of occupancy in a particular case
related to the provision of this Section, the applicant shall appeal
the matter to the Zoning Hearing Board for interpretation and decision.
D.
The Zoning Officer shall adopt rules of procedure, consistent with
this Section, for the purpose of assuring efficient and uniform administration
of its provisions.
[Ord. 275, 2/9/2000, § 804; as amended by A.O.]
1.
Appointment.
A.
The Zoning Hearing Board shall consist of five residents of the Township
appointed by the Board of Supervisors.
B.
The Board of members shall serve terms of five years so fixed that
the term of office of no more than two members shall expire each year.
C.
Members of the Board shall hold no other office in the Township.
D.
The Zoning Hearing Board shall also have two alternate Board members
appointed by the Board of Supervisors. The alternate Board members
shall only take part in the Zoning Hearing Board functions and activities
when one or more of the five members appointed under Subsection 1A
is unavailable.
3.
Removal.
4.
Organization.
A.
The Board shall elect officers from its own membership, officers
shall serve annual terms and may succeed themselves.
B.
For the conduct of any hearing and taking of any action, a quorum
shall not be less than a majority of all members of the Board. But
where three members are disqualified to act in a particular matter,
the remaining two members may act for the Board.
C.
The Board may make, alter and rescind rules and forms for its procedure,
consistent with applicable Township ordinances and laws of the commonwealth.
D.
The fees for all proceedings, hearings and actions by the Board shall
be paid by the applicant.
5.
Zoning Hearing Board Functions. The Zoning Hearing Board shall be
responsible for the following:
A.
Appeal from the Zoning Officer.
(1)
The Board shall hear and decide appeals where it is alleged
by the appellant (the landowner affected, any office or agency of
the Township, or any person aggrieved) that the Zoning Officer has
failed to follow prescribed procedures, or has misinterpreted or misapplied
any valid provision of this Chapter or any valid rule or regulation
governing the action of the Zoning Officer.
(2)
All appeals which allege that the Zoning Officer has made an
error shall be filed directly with the Secretary of the Zoning Hearing
Board within 30 days of the Zoning Officer's alleged error.
(3)
Such appeals shall be in writing and shall explain fully the
facts and parties in the case and shall clearly state the reasons
or provisions of the chapter on which the appeal is based.
(4)
Nothing contained herein shall be construed to deny the appellant
the right to proceed directly in court, pursuant to Pennsylvania Rules
of Civil Procedure, §§ 1091-1098 (relating to mandamus).
B.
Challenge to the Validity of this Chapter or Map.
(1)
The Board shall hear challenges to the validity of this Chapter
filed with the Board in writing by the landowner affected, any officer
or agency of the Township, or any person aggrieved.
(2)
At the conclusion of the hearing, the Board shall decide all
contestant questions and shall make findings on all relevant issues
of fact which shall become part of the record on appeal to the court.
C.
Variance.
(1)
The Board shall hear requests for variances filed with the Board
in writing by any landowner (or any tenant with the permission of
such landowner) which allege that the provisions of this Chapter inflict
unnecessary hardship upon the applicant.
(2)
The Board may grant a variance only if the following findings,
where relevant, are made:
(a)
There are unique physical circumstances or conditions (including
irregularity, narrowness, or shallowness of lot size or shape, or
exceptional topographical or other physical conditions peculiar to
the particular property) and that the unnecessary hardship is due
to such conditions and not the circumstances or conditions generally
created by the provisions of this Chapter in the neighborhood or district
in which the property is located.
(b)
Because of such physical circumstances or conditions, there
is no possibility that the property can be developed in strict conformity
with the provisions of this Chapter, and a variance is therefore necessary
to enable the reasonable use of the property.
(c)
Such unnecessary hardship has not been created by the appellant.
(d)
The variance, if authorized, will not alter the essential character
of the neighborhood or district in which the property is located,
nor substantially or permanently impair the appropriate use or development
of adjacent property, nor be detrimental to the public welfare.
(e)
The variance, if authorized, will represent the minimum variance
that will afford relief and will represent the least modification
possible of the regulation in issue.
(3)
In granting any variance, the Board may attach such reasonable
conditions and safeguards as it may deem necessary to implement the
purposes of this Chapter.
D.
Special Exceptions.
(1)
The Board shall hear and decide requests for all special exceptions
filed with the Board in writing by any landowner (or any tenant with
the permission of such landowner), as provided in this Chapter and
in accordance with such standards and criteria contained in this Chapter.
(2)
In granting a special exception, the Zoning Hearing Board may
attach such reasonable conditions and safeguards, in addition to those
expressed in the chapter, as it may deem necessary to implement the
purposes and intent of this Chapter.
E.
Unified Appeals.
(1)
Where the Board has jurisdiction over any zoning matter pursuant to Subsection 3, it shall also hear all appeals which an applicant may elect to bring before it with respect to any Township ordinance or requirements pertaining to the same development plan or development.
(2)
In such a case, the Board shall have no power to pass upon the nonzoning issues, but shall take evidence and make a record thereon as provided in § 27-805. At the conclusion of the hearing, the Board shall make findings on all relevant issues of fact which shall become part of the record on appeal to the court.
G.
Records and Reports. The Board shall keep full public records of
its business and shall submit an annual report of its activities to
the Board of Supervisors.
H.
Court Appeals. Court appeals shall be in accordance with Act 247,
as amended, the Municipalities Planning Code, 53 P.S. § 10101
et seq.
6.
Applications to the Board.
A.
All appeals from a decision of the Zoning Officer and applications
to the Board shall be in writing on forms prescribed by the Board.
B.
Every appeal or application shall include the following:
(1)
The name and address of the applicant, or appellant.
(2)
The name and address of the owner of the property to be affected
by such proposed change or appeal.
(3)
A brief description and location of the property to be affected
by such proposed change or appeal.
(4)
A statement of the present zoning classification of the property
in question, the improvements thereon and the present use thereof.
(5)
A statement of the section of this Chapter under which the appeal
is made and reasons why it should be granted, or a statement of the
section of this Chapter governing the situation in which the alleged
erroneous ruling is being appealed and the reasons for this appeal.
(6)
A reasonably accurate description of the additions or changes
intended to be made under this application, indicating the size, material,
and general construction of such proposed improvements. A plot plan
of the property to be affected, indicating the location and size of
the lot and the size of existing and intended improvements, shall
be attached to the description.
7.
Time Limitations; Persons Aggrieved.
A.
The time limitations for raising certain issues and filing certain
proceedings with the Board shall be the following:
(1)
No person shall be allowed to file any proceedings with the
Board later than 30 days after any application for development, preliminary
or final, has been approved by an appropriate Township officer, agency
or body if such proceeding is designed to secure reversal or to limit
the approval in any manner unless such person alleges and proves that
he had no notice, knowledge, or reason to believe that such approval
had been given.
(2)
If such person has succeeded to his interest after such approval,
he shall be bound by the knowledge of his predecessor in interest.
B.
The failure of anyone other than the landowner to appeal from an
adverse decision on a tentative or preliminary plan pursuant to § 709
of Act 247 (Pennsylvania Municipalities Planning Code, as amended)
53 P.S. § 10709, shall preclude an appeal from a final approval
except in the case where the final submission substantially deviates
from the approved tentative or preliminary approval.
[Amended by Ord. No. 393, 9/11/2019]
8.
Stay of Proceedings.
A.
Upon filing of any proceeding referred to in Subsection 5 and during its pendency before the Board, all land development pursuant to any challenged ordinance, order, or approval of the Zoning Officer or of any agency or body, and all official action thereunder shall be stayed.
B.
The development or official action shall not be stayed if the Zoning
Officer or any other appropriate agency or body certifies to the Board
facts indicating that such stay would cause imminent peril to life
or property.
C.
Notwithstanding Subsection 8B, a restraining order may be granted
by the Board or by the court having jurisdiction of zoning appeals
on petition after notice to the Zoning Officer or other appropriate
agency or body.
D.
Bond.
(1)
When an application for development, preliminary or final, has
been duly approved and proceedings designed to reverse or limit the
approval are filed with the Board by persons other than the applicant,
the applicant may petition the court having jurisdiction of zoning
appeals to order such persons to post bond as a condition to continuing
the proceedings before the Board.
(2)
The question whether or not such petition should be granted
and the amount of the bond shall be within the sound discretion of
the court.
[Ord. 275, 2/9/2000, § 805]
1.
The Board shall conduct hearings and make decisions in accordance
with the following:
A.
Notice of Hearings. Notice of all hearings of the Board shall be
given as follows:
(1)
Notice to the public shall be published at least once each week
for two successive weeks in a newspaper of general circulation in
the Township.
(2)
Notice of such hearing shall be conspicuously posted on the
affected tract of land.
(3)
Notice shall be given to the applicant, the Zoning Officer,
the Planning Commission, the Board of Supervisors, the property owners
within 200 feet and any other person or group (including civic or
community organizations) who has made a timely request for such notice,
by personally delivering or by first mailing of a copy of the published
notice to the last known address of the property owner.
(4)
Other Municipalities.
(a)
In any matter which relates to a property which lies within
500 feet of the boundary of another municipality, the Secretary of
the Board shall transmit to the municipal Clerk of this other municipality
a copy of the official notice of the public hearing on such matters,
not later than one day after publication thereof.
(b)
The other municipality shall have the right to appear and to
be heard at the public hearing.
(5)
The Board of Supervisors may establish by resolution reasonable
fees, based on cost, to be paid by the applicant for any notice required
by this Chapter and by persons requesting any notice not required
by ordinance.
B.
Parties.
(1)
The parties to the hearing shall be the Township, any person
affected by the application who has made timely appearance of record
before the Board, and any other person including civic or community
organizations permitted to appear by the Board.
(2)
The Board shall have power to require that all persons who wish
to be considered parties enter appearances in writing on forms provided
by the Board for that purpose.
C.
Oaths and Subpoenas. The Chairman or acting Chairman of the Board
presiding shall have power to administer oaths and issue subpoenas
to compel the attendance of witnesses and the production of relevant
documents and papers, including witnesses and documents requested
by the parties.
D.
Representation by Counsel. The parties shall have the right to be
represented by counsel and shall be afforded the opportunity to respond
and present evidence and argument and cross-examine adverse witnesses
on all relevant issues.
E.
Evidence. Formal rules of evidence shall not apply, but irrelevant,
immaterial, or unduly repetitious evidence may be excluded.
F.
Record. A record of the hearing shall be made in accordance with
Act 247, as amended, 53 P.S. § 10101 et seq.
G.
Ex Parte Communications.
(1)
The Board shall not communicate, directly or indirectly, with
any party or his representatives in connection with any issue involved,
except upon notice and opportunity for all parties to participate.
(2)
The Board shall not take notice of any communication, reports,
staff memoranda, or other materials unless the parties are afforded
an opportunity to contest the material so noticed.
(3)
After the commencement of hearings, the Board shall not inspect
the site or its surroundings with any party or his representative,
unless all parties are given an opportunity to be present.
H.
Referral to Planning Commission.
(3)
In all cases the Commission shall report in writing its findings
and recommendations to the Board within 30 days of their receiving
the request for review.
(4)
The Board and Commission shall establish mutually acceptable
procedures to assure that the review is accomplished in time to permit
the Board to make its required decision.
I.
Decision, Findings and Notes. A decision or findings shall be rendered
and notice of such decision or findings shall be provided in accordance
with Act 247, as amended, 53 P.S. § 10101 et seq.
[Ord. 275, 2/9/2000, § 806]
All appeals for securing review of this Chapter or any decision,
determination, or order of the Board of Supervisors, its agencies
or officers issued pursuant to this Chapter, shall be in conformance
with Article X-A of Act 247, as amended, 53 P.S. § 11001-A
et seq.
[Ord. 275, 2/9/2000, § 807]
1.
The Township may, on its own motion or by petition, amend, supplement,
change, modify, or repeal this Chapter.
2.
Before voting on the enactment of an amendment, the Board of Supervisors
shall hold a public hearing thereon, pursuant to public notice.
3.
In the case of an amendment other than that prepared by the Planning
Commission, the Board of Supervisors shall submit each such amendment
to the Planning Commission at least 30 days prior to the hearing on
such proposed amendment and permit the Commission an opportunity to
submit recommendations.
4.
County Planning Commission.
A.
The Board of Supervisors or Planning Commission shall submit the
proposed amendment to the County Planning Commission for recommendations
at least 30 days prior to the hearing on such proposed amendment.
B.
The recommendation of the County Planning Commission shall be made
to the Supervisors within 45 days, and the proposed action shall not
be taken until such recommendation is made or until after 45 days.
5.
If, after any public hearing held upon an amendment, the proposed
amendment is revised, or further revised, to include land previously
not affected by it, the Board of Supervisors shall hold another public
hearing, pursuant to public notice, before proceeding to vote on the
amendment.
6.
Each proposed amendment or change shall be accompanied by substantiated
(yes or no answers are not acceptable) answers to the following questions:
A.
Land Use.
(1)
Is the proposed land use compatible with adjacent land uses?
(2)
Is the proposed land use compatible with zoning regulations
in adjoining municipalities if the proposed use is located on the
Township's border?
(3)
Is the proposed land use one that is permitted in other appropriately
zoned area(s) in the Township?
(4)
Does the proposed land use conform with the goals and recommendations
in the Plainfield Township Comprehensive Plan?
B.
Land Planning. Will the proposed land use site planning, landscaping
and other land planning proposals enhance the visual and aesthetic
character of the immediate neighborhood?
C.
Contributing Influence.
(1)
How will the proposed land use affect the following trends in
the Township (i.e., increased vacancy rates, seriously endanger the
economic viability of business, traffic impact, low density to higher
density use, water, sanitary sewer and utility service and capacities,
etc.)?
(2)
Is there adjacent vacant land whose potential land use character
would be significantly influenced by the proposed land use?
D.
Existing and Anticipated Need. Would the proposed land use serve
a real need that exists, or is expected to exist within one year?
E.
Natural Environment. Can the proposed land use be sighted on the
land with a minimum disruption to the natural environment?
G.
Streets.
(1)
Are the existing streets able to accommodate the increased traffic
that the proposed land use will generate?
(2)
If not, are the existing streets programmed for widening and
improvement by the federal, state or governing body, or are the streets
proposed for widening and improvement by the developer to accommodate
the increased traffic?
H.
Citizen Opinion. What do the adjacent property owners think about
the proposed land use?
[Ord. 275, 2/9/2000, § 808]
1.
A landowner who desires to challenge on substantive grounds the validity
of that which prohibits or restricts the use or development of land
in which he has an interest, may submit a curative amendment to the
Board of Supervisors with a written request that his challenge and
proposed amendment be heard and decided as provided in Act 247, as
amended, 53 P.S. § 10101 et seq.
2.
The Board of Supervisors shall commence a hearing as provided by
Act 247, as amended, 53 P.S. § 10101 et seq., unless the
landowner requests a consent to an extension of time.
[Ord. 275, 2/9/2000, § 809]
[Ord. 275, 2/9/2000, § 810]
1.
Enforcement Remedies. If 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 Board of Supervisors
and/or the Zoning Officer may, in addition to other remedies, institute
in the name of the Township any appropriate 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.
2.
Enforcement Penalties.
A.
If it appears to the Zoning Officer and/or the Board of Supervisors
that a violation of any zoning ordinance enacted under this Chapter
or prior enabling laws has occurred, the Zoning Officer and/or the
Board of Supervisors shall initiate enforcement proceedings by sending
an enforcement notice as provided in this Section.
B.
The enforcement notice shall be sent to the owner of record of the
parcel on which cited 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.
C.
An enforcement notice shall state the following:
(1)
The name of the owner of record and any other person against
whom the Zoning Officer and/or the Board of Supervisors 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 each instance the applicable provisions
of this Chapter.
(4)
The date before which cited steps for compliance must be commenced
and the date before which the steps must be completed.
(5)
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.
D.
Causes of Action. In case any building structure, landscaping or
lands, or is proposed to be erected, constructed, reconstructed, altered,
converted, maintained or used in violation of this Chapter. The Board
of Supervisors and/or Zoning Officer 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 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 conduct, business or use
constituting a violation. When served upon the Board of Supervisors
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.
E.
Enforcement Remedies: Any person, partnership or corporation who
or which has a violation of the provisions of this Chapter shall,
upon being found liable therefor in a civil enforcement proceeding
commented by the Board of Supervisors and/or Zoning Officer, pay a
judgment of not more than $500 plus all count costs, including reasonable
attorney's fees incurred by the Board of Supervisors and/or Zoning
Officer 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 or not timely
appeals the judgment, the Board of Supervisors and/or Zoning Officer
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 determine that there
has been a violation further determines that there was a good faith
basis for the person, partnership or corporation violation 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 be
district justice and thereafter each day that violation continues
shall constitute a separate violation. All judgments, costs and reasonable
attorney's fees collected for the violation of zoning ordinances shall
be paid over to the general fund of Plainfield Township whose ordinance
has been violated.
F.
The Court of Common Pleas, upon petition, may grant an order for
stay, upon cause, shown, tolling the per diem fine pending a final
adjudication of the violations and judgment.
G.
Nothing contained in this Section shall be construed or interpreted
to grant to any person or entity other than the Plainfield Township
Board of Supervisors and/or Zoning Officer the right to commence any
action for enforcement pursuant to this Section.
