[Ord. 1974-3, 6/20/1974; as amended by Ord. 2/3/1977, §§ II
and III; by Ord. 10/4/1984, § I; by Ord. 10/5/1989, § III;
by Ord. 12/6/1990; by Ord. 1994-3, 6/2/1994, § 1; and by
Ord. 2004-2, 5/6/2004, § 10]
1. Building Permits. It shall be a violation of this chapter to erect, move, place, construct or enlarge any building or structure within Hopewell Township except in strict compliance with the provisions of the Building Permit Ordinance of Hopewell Township [Chapter
5, Part
1] all of which provisions are incorporated herein by reference including the requirement that a building permit be obtained from the Township Zoning Officer prior to erecting, moving, placing, constructing or enlarging any building or structure within Hopewell Township, and the requirement that such erection, movement, placement, construction or enlargement be accomplished in strict accordance with the permit issued pursuant thereto and in accordance with the procedure set forth in such ordinance.
2. Use Certificates. A use certificate, certifying compliance with this
chapter must be obtained from the Zoning Officer for any new structure
as below or for any change of use of a structure or land as set forth
below before such new structure or use or change of use is occupied
or established:
A. Use of a structure erected, structurally altered or extended, or
moved after the effective date.
B. Use of vacant land except for agricultural purposes.
C. Any change in a conforming use of a structure or land.
D. Any change from a nonconforming use of a structure or land to a conforming
use.
E. Any change in the use of a structure or land from that permitted
by any variance of the Zoning Hearing Board.
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The application for a use certificate must include a statement
of the intended use and any existing use of the structure or land.
The certificate continues in effect as long as the use of the structure
or land for which it is granted conforms with this chapter.
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At the time of application for a use certificate, the applicant
shall pay a fee in such amounts as shall be set by the Hopewell Township
Board of Supervisors from time to time by resolution.
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3. Hardship Permit. The Zoning Officer may grant a hardship permit to
place a mobile home or other residential unit on a lot where the same
would otherwise not be permitted by the terms of this chapter to house
a member of the family of the owner of the tract on which the mobile
home or other residential unit is to be placed, family to include
only ancestors and direct descendants of the owner, and provided further,
that on the tract of land where the mobile home or other residential
unit is proposed to be located, all residential units are occupied
by either the property owner or a member of his family and provided
further, that no rent or consideration is received for the use of
the mobile home or other residential unit, or the space which the
same occupies; such hardship permit to be issued for such period of
time as the conditions warranting the permit continue. Such permit
shall be issued only upon the finding that there is a genuine hardship
involved which requires that the occupant of the mobile home or other
residential unit for which the permit is issued, live in close proximity
with the owner of the tract of land on which the mobile home or other
residential unit is to be placed and that there is no reasonable way
in which the requirements of the ordinance can be satisfied, unless
the proposed occupant is a parent of the applicant and is at least
62 years of age.
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A mobile home shall be removed from the site within 90 days
following the date it ceases to serve as a residence of the occupant
for whom the permit was granted.
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[Ord. 1974-3, 6/20/1974; as amended by Ord. 2/3/1977, §§ V
and VI; by Ord. 1995-7, 9/7/1995, §§ 43 and 44; and
by Ord. 2001-7, 9/6/2001, § 3]
1. Appointment and Powers. For the administration of this chapter, a
Zoning Officer, who may not hold any elective office in the Township,
shall be appointed by the Township Supervisors. 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. The Zoning
Officer is the enforcement officer for this chapter. He issues all
building permits, use certificates and at the direction of the Zoning
Hearing Board, special exceptions and variances. The Zoning Officer
shall identify and register nonconforming uses and nonconforming structures.
2. Forms. The Zoning Officer must provide a form or forms prepared by
the Township Solicitor for:
F. Registration of nonconforming uses and nonconforming structures.
3. Transmittal of Papers. Upon receipt of an application for a special
exception, variance or a notice of appeal, the Zoning Officer must
transmit to the Secretary of the Zoning Hearing Board and to the Township
Planning Commission, copies of all papers constituting the record
upon the special exception, variance, or appeal.
4. Action on Building Permits. Within 90 days, except for holidays,
after receipt of an application for a building permit, the Zoning
Officer must grant or refuse the permit. If the application conforms
to the applicable requirements of the building permit ordinance and
this chapter, the Zoning Officer must grant a permit. If the permit
is not granted, he must state in writing the grounds for his refusal.
5. Action on Use Certificates. Within 90 days, except for holidays,
after receipt of an application for a use certificate, the Zoning
Officer must grant or refuse the certificate. If the specifications
and intended use conform in all respects with the provisions of this
chapter, he must issue a certificate to that effect. Otherwise, he
must state in writing the grounds for his refusal.
6. Records. The Zoning Officer must keep a record of:
A. All applications for building permits, use certificates, special
exceptions and variances and all actions taken on them, together with
any conditions imposed by the Zoning Hearing Board.
B. All complaints of violations of provisions of this chapter and the
action taken on them.
D. Nonconforming uses and nonconforming structures. All such records
and plans shall be available for public inspection.
7. Reports. At intervals of not greater than six months, the Zoning
Officer must report to the Township Supervisors:
A. The number of building permits and use certificates issued.
B. The number of complaints of violations received and the action taken
on these complaints.
[Ord. 1974-3, 6/20/1974]
Any person aggrieved or affected by any provision of this chapter
or decision of the Zoning Officer, may appeal in the manner set forth
in Article X of the Pennsylvania Municipalities Planning Code, Act
247, 53 P.S. § 11001 et seq., as amended.
[Ord. 1974-3, 6/20/1974; as amended by Ord. 2001-7, 9/6/2001, § 3]
A building permit or other permit or authorization issued or
approved in violation of the provisions of this chapter is void without
the necessity of any proceedings for revocation. Any work undertaken
or use established pursuant to such a permit or other authorization
is unlawful. No action may be taken by a board, agency or employee
of the Township purporting to validate such a violation.
[Ord. 1974-3, 6/20/1974; as amended by Ord. 10/5/1989, § I]
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 Township Board
of Supervisors or with the approval of the Township 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 Township Board of Supervisors.
No such action shall be maintained until such notice has been given.
[Ord. 1974-3, 6/20/1974; as amended by Ord. 10/5/1989, § II;
by Ord. 2001-7, 9/6/2001, § 3; and by Ord. 2016-1, 1/4/2016]
Any person, partnership or corporation who or which has violated
or permitted the violation of any provision 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
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 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 the ordinance 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 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.
[Ord. 1974-3, 6/20/1974; as amended by Ord. 1995-7, 9/7/1995, § 45;
by Ord. 2001-7, 9/6/2001, § 3; by Ord. 2002-8, 12/9/2002, § 15;
and by Ord. 2003-3, 5/1/2003, § 15]
1. The Township Supervisors may from time to time amend, supplement
or repeal any of the regulations and provisions of this chapter.
2. Before voting on the enactment of an amendment, the Township Supervisors
shall hold a public hearing thereon, pursuant to public notice. In
the case of an amendment other than that prepared by the Planning
Commission, the Township Supervisors shall submit each such amendment
to the Planning Commission at least 30 days prior to the hearing on
such proposed amendment to provide the Planning Commission an opportunity
to submit recommendations. 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 Township Supervisors
shall hold another public hearing, pursuant to public notice, before
proceeding to vote on the amendment. At least 30 days prior to the
hearing on the amendment by the Township Supervisors, the Township
shall submit the proposed amendment to the County Planning Commission
for recommendations.
A. In addition to the requirement that notice be posted, where the proposed
amendment involves a Zoning Map change, notice of the public hearing
shall be mailed by the Township at least 30 days prior to the date
of the hearing by first class mail to the addressees 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. The notice shall include the location, date and time
of the public hearing. A good faith effort and substantial compliance
shall satisfy the requirements of this subsection. This requirement
of written notice shall not apply when the rezoning constitutes a
comprehensive rezoning.
3. Curative Amendments. A landowner who desires to challenge on substantive
grounds the validity of this chapter or map or any provisions thereof,
which prohibits or restricts the use of development of land in which
he has an interest may submit a curative amendment to the Township
Supervisors with a written request that his challenge and a proposed
amendment be heard and decided as provided in § 1004 of
the Pennsylvania Municipalities Planning Code, Act 247. 53 P.S. § 11004,
as amended.
[Ord. 1974-3, 6/20/1974; as amended by Ord. 2/1/1979C, § I;
by Ord. 4/2/1981; by Ord. 3/3/1988; by Ord. 1995-4, 3/2/1995, §§ 1
and 2; by Ord. 2002-4, 4/4/2002, § 1; by Ord. 2008-10, 8/7/2008, § 1;
and by Ord. 2010-5, 10/7/2010, § 2]
1. A fee in an amount established by the Board of Supervisors from time
to time by resolution shall be paid at the time of making an appeal
or application to the Zoning Hearing Board or to the Board of Supervisors
for any of the following: a special exception, an interpretation,
an appeal from an enforcement notice, a variance or a validity variance,
an amendment, a curative amendment, conditional use, or a challenge
to the validity of any provision of the Zoning Ordinance. Such fee
shall remain in full force and effect unless and until changed by
the Board of Supervisors by subsequent resolution.
A. No such appeal or application shall be complete or perfected until
all fees required by this subsection have been paid in full.
2. Upon completion of the hearing or if the hearing lasts more than
one day, periodically during the course of the hearing, the appellant
or applicant shall be billed for the reasonable expenses incurred
by the Township in connection with the hearing (for advertising the
hearing, stenographic charges, engineering or planning services, compensation
to the members of the Zoning Hearing Board or Board of Supervisors
which hears the action) in excess of the initial deposit and shall
promptly pay such excess amount.
3. Upon completion of the hearing, the applicant shall be reimbursed
for any part of the initial deposit not expended.
4. The payment of fees and costs set forth above shall be a prerequisite
to the validity of any permit, variance, ruling or doctrine issued
in favor of an applicant pursuant to any proceeding initiated before
the Zoning Hearing Board or the Board of Supervisors.