The provisions of this chapter shall be administered and enforced
by the Zoning Officer, who may be one or more entities for respective
responsibilities assigned by the Township Supervisors. Those entities
comprising the Zoning Officer shall hold no elective office in the
municipality and shall collectively have the following duties:
A.
To receive and process applications for permits, certificates, variances,
special exceptions, appeals and other applications required under
the terms of this chapter.
B.
To prescribe the form of all applications, permits and certificates
required under the terms of this chapter.
C.
To issue permits for the construction, alteration and erection of
all uses or buildings which are in accordance with the requirements
of this chapter within 30 days after receipt of an application for
such a permit. In cases of applications for a special exception or
a variance, permits shall be issued only upon written order of the
Zoning Hearing Board. It shall be the responsibility of the Zoning
Officer to process requests for hearings before the Zoning Hearing
Board and in certain instances (i.e., amendment requests) hearings
before the Township Supervisors.
D.
To refuse applications of permits which do not meet the requirements
of this chapter within 30 days following receipt of such application.
Said refusal shall be in writing and shall state the reasons for such
action.
E.
To examine land, buildings and structures to determine their consistency
with this chapter at the time of application filing, during the work
and upon completion of the work.
F.
To issue or refuse requests for occupancy permits within 10 days
after final inspection of the activity. Refusals shall be in writing
and shall state the reasons for such actions.
G.
To issue written enforcement notices as specified in § 135-89A where it appears that there has been a violation and to institute civil enforcement proceedings with the appropriate Magisterial District Judge on behalf of the Township as a means of enforcing the zoning regulations.
H.
To maintain and update the Official Zoning Map.
I.
To maintain a log of all applications, permits or certificates issued,
variances granted, inspections made, reports rendered and notices
or orders issued.
K.
To perform such other duties as may be made necessary by the terms
of this chapter.
All persons desiring to undertake any new construction, structural alteration or change in the use of a building or lot shall apply to the Zoning Officer for a building and zoning permit, as applicable, by completing the appropriate application form and by submitting the required fee. (In addition to meeting the requirements of this chapter, the applicant shall meet all other regulations or codes in effect in Scott Township or as may be hereafter adopted. Nothing in this chapter shall exempt the applicant from obtaining any permits which may be required by such regulations.) The Zoning Officer shall then either issue or deny the building and/or zoning permit or refer the application to the Zoning Hearing Board or Township Supervisors for their consideration, as may be appropriate. After the applicant has received his building and/or zoning permit, he may proceed with his proposal as approved. Following completion of his project, the applicant shall apply to the Zoning Officer for an occupancy permit. If the Zoning Officer finds that the project has been completed in accordance with the terms of the building and zoning permit, he shall issue an occupancy permit, thus allowing the premises to be occupied. (The specifics of each step in this process are discussed in §§ 135-87 and 135-88 below.)
A.
Requirements for building and zoning permits.
(1)
A building and zoning permit shall be required prior to the erection, construction, addition or alteration of any building or portion thereof; prior to the use or change in use of a building or land; prior to the erection or alteration of signs, except as specified in Article VIII; prior to the change or extension of a nonconforming use; or prior to development in any floodplain district, except as listed below.
(2)
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
building and zoning permit has been duly issued therefor. (In some
instances, additional permits may also need to be obtained prior to
beginning new construction or alterations.)
(3)
Exemptions. Building and zoning permits shall not be required for
the following activities:
(a)
Interior alterations when there is no increase in ground-floor
exterior dimension and no change in use.
(b)
General maintenance and repair to existing buildings or structures,
including siding, roofing, painting, the addition of storm windows
and similar activities.
(c)
Agricultural activities, including crop or tree farming.
(d)
Landscaping or clearing woodlands.
(e)
Razing of structures.
(f)
Construction or erection of land terraces, steps or other similar
features.
(g)
Placement of a storage building (not exceeding 120 square feet
in area) which is not permanently affixed to the ground and meets
all applicable setback requirements.
B.
Application for building and zoning permits. Each request for a building
and zoning permit shall be made by completing the appropriate application
form obtained from the Zoning Officer and submitting it, along with
the required fee, to the Township or to such entity or agency as is
specified by the Supervisors. Application for a permit shall be made
by the owner or lessee of any building or structure or the agent of
either; provided, however, that if the application is made by a person
other than the owner, it shall be accompanied by a written authorization
from the owner. The full names and addresses of the owner, lessee,
applicant or other responsible parties shall be stated in the application.
C.
Description of work and permit requirements.
(1)
All applications for building and zoning permits shall be accompanied
by plans, in duplicate, drawn to scale, showing the actual shape and
dimensions of the lot, the exact size and location of any buildings
existing on the lot, the lines within which the proposed building
or structure shall be erected or altered, the existing and intended
use of each building or part of a building, the number of families
or dwelling units the building is designed to accommodate and such
other information as may be necessary to determine compliance with
this chapter and all other pertinent regulations. No application shall
be considered complete until all necessary documents have been filed
and all fees have been paid to the Township.
(2)
One copy of the plans will be returned to the applicant when such
plans have been approved by the Zoning Officer. All applications and
accompanying plans and documents shall become a matter of public record
once a permit has been either issued or denied.
D.
Proof of compliance. It shall be the responsibility of the applicant
in all cases to furnish adequate information and to certify that the
proposed use will comply with all requirements of this chapter and
all other applicable federal, state or local regulations. Included
in the information shall be a copy of a sewage permit when one is
necessary. Also, if Labor and Industry or other regulatory agency
requirements apply, the applicant shall supply evidence which shows
that these regulations have been met.
E.
Permit validity and changes. Building and zoning permits shall be
valid for only that project or proposal for which they were issued.
After the issuance of a permit by the Zoning Officer, no changes of
any kind shall be made to the application, permit or any of the plans,
specifications or other documents submitted with the application without
the written approval of the Zoning Officer. Requests for any such
change shall be made, in writing, and shall be submitted to the Zoning
Officer for consideration.
F.
Posting of permit. The building and zoning permit shall be displayed
or posted on the premises during the time construction is in progress.
The permits shall remain posted until completion of the project and
final inspection has been made by the Zoning Officer.
G.
Time limitations.
(1)
Work on the proposed construction shall commence within six months
after the date of issuance of the building permit and shall be completed
within 12 months after its issuance or the permit shall expire, unless
a time extension is granted, in writing, by the Zoning Officer. Time
extensions may be granted only if a written request is submitted by
the applicant which sets forth sufficient and reasonable cause for
the Zoning Officer to grant such a request.
(2)
For the purposes of this chapter, construction and/or development
shall be considered to have started with the preparation of land,
including land clearing, grading, filling, excavation for basement,
footers, piers or foundations, erection of temporary forms, the installation
of pilings under proposed subsurface footers or the installation of
sewer, gas and water pipes or electrical or other service lines from
the street.
H.
Inspections. During the construction period, the Zoning Officer shall
inspect the premises to determine that the work is progressing in
compliance with the information provided on the permit application
and with all other applicable Township laws. He shall make as many
inspections as necessary to determine this compliance.
I.
Revocation of permits. The Zoning Officer may revoke a building and/or
zoning permit at any time if it appears that the application or accompanying
plan is in any material respect false or misleading or that work being
done upon the premises differs materially from that called for in
the application. In such case, the person holding the permit shall
immediately surrender it to the Zoning Officer. A report of such revocation
shall also be submitted to the Township Supervisors for whatever action
they may deem necessary.
J.
Temporary permit. A temporary building and/or zoning permit may be authorized by the Zoning Officer for a nonpermanent structure or use not generally permitted where it is deemed beneficial to the public health or general welfare or necessary to promote the proper development of the community, provided that such structure or use shall be completely removed upon expiration of the permit without cost to the Township. Such permits shall be issued for a period of time not to exceed one year and may be renewed for no more than two additional one-year periods, except as may be provided otherwise in § 135-47 for specific temporary uses and structures.
A.
Requirements for occupancy permits. No land shall be occupied or
used and no building hereafter erected, altered or extended shall
be used in whole or in part or shall be changed in use until an occupancy
permit has been issued by the Zoning Officer, certifying that the
building or proposed use thereof complies with the provisions of this
chapter.
B.
Issuance and effect. The applicant shall notify the Zoning Officer,
in writing, upon completion of the permitted activity, and the occupancy
permit shall be issued within 10 days after the activity has been
inspected and approved as complying with the provisions of this chapter
and the issued permit. Once granted, the occupancy permit shall continue
in effect so long as there is no change of use, regardless of change
in ownership, tenants or occupants. If any part of the construction
is found in violation, then the applicant shall be notified, in writing,
within 10 days of the inspection of the deficiencies or reasons for
denial.
Failure to secure a building or zoning permit when required
hereunder or failure to secure an occupancy permit or failure to carry
out the provisions of this chapter shall be considered a violation
of this chapter.
A.
Enforcement notice. Whenever it appears to the Zoning Officer that
there has been a violation of any provision of this chapter, the Zoning
Officer on behalf of the Township shall give written notice of such
alleged violation as hereinafter provided. Such enforcement notice
shall:
(1)
Be served upon the property owner or sent to him by certified mail
(return receipt requested).
(2)
Include the name of the owner of record and any other person against
whom the Township intends to take action.
(3)
Include the location of the property in violation.
(4)
Identify the specific violation(s) with a description of the requirements
which have not been met, citing in each instance the applicable provision(s)
of this chapter.
(5)
Contain an outline of remedial action which, if taken, will effect
compliance.
(6)
Specify the date before which the steps for compliance must be commenced
and the date before which the steps must be completed.
(7)
Notify the recipient of his right to appeal to the Township Zoning
Hearing Board within 30 days of receipt of written notice of the alleged
violation(s).
(8)
Indicate that failure to comply with the notice within the time specified,
unless extended by appeal to the Zoning Hearing Board, shall constitute
a violation and will be prosecuted or remedied as provided in this
section.
B.
Causes of action.
(1)
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 Zoning Officer
may institute in the name of the Township any appropriate action or
proceeding to prevent, restrain, correct or abate such building, structure,
landscaping or land or to prevent any action, conduct, business or
use in or about such premises constituting a violation.
(2)
Any aggrieved owner or tenant of real property who shows that his
property or person will be substantially affected by the alleged violation
may also institute an appropriate corrective action or proceeding.
Such action must be preceded, however, by serving a copy of the complaint
on the Township Supervisors at least 30 days prior to being instituted.
No such action may be maintained until such notice has been given.
C.
Enforcement remedies.
(1)
The procedure set forth in Section 617.2 of the Pennsylvania Municipalities
Planning Code, 53 P.S. § 10617.2, as reenacted and amended
1988, December 21, P.L. 1329, Act 170, and outlined below, shall be
utilized in enforcement of the provisions of this chapter. Where amendment
or revision to the Municipalities Planning Code changes the enforcement
procedure, such changes shall be considered to be part of this chapter.
(2)
Any person, partnership or corporation who or which has violated
or permitted the violation of the provisions of this chapter, whether
enacted under current law or prior law, shall, upon being found liable
therefor in a civil enforcement proceeding commenced by Scott Township,
pay a judgment of not more than $500 plus all court costs, including
reasonable attorneys' 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,
Scott 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 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 attorneys' fees collected for the violation of
this chapter shall be paid over to Scott Township.
(3)
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.
(4)
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than Scott Township the right
to commence any action for enforcement pursuant to this section.
Fees for the issuance of building permits, zoning permits, occupancy
permits, special exceptions, variances, ordinance amendments and other
zoning actions shall be paid to the Township upon filing of an application.
Such fees shall be in accordance with the schedule of fees established
by separate resolution of the Township Supervisors.[1]
[1]
Editor's Note: The current fee schedule is on file in
the administrative offices of the Township.
In interpreting and applying the provisions of this chapter,
they shall be held to be the minimum requirements for the promotion
of the health, safety, morals and general welfare of the Township.
This chapter is not intended to interfere with or abrogate or annul
other rules, regulations or ordinances of the Township, provided that,
where this chapter imposes a greater restriction upon the use of land
or premises or upon the construction of a building or requires larger
open spaces than are imposed by such other rules, regulations or ordinance,
the provisions of this chapter shall control.
