[Ord. 75-1, 1/6/1975]
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.
It 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 buildings or
premises, or upon the height 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.
[Ord. 75-1, 1/6/1975]
Should any section or provision of this chapter be declared
by a court of competent jurisdiction to be invalid, such decision
shall not affect the validity of this chapter as a whole or of any
other part thereof.
[Ord. 75-1, 1/5/1975; as amended by Ord. 1990-2, 11/6/1990;
by Ord. 1991-1, 3/15/1991; and by Ord. 8.5.2008, 8/5/2008]
1. The Supervisors shall by resolution prescribe reasonable fees with
respect to the administration of this chapter and with respect to
hearings before the Zoning Hearing Board. Fees for these hearings
may include compensation for the Secretary and members of the Zoning
Hearing Board, notice and advertising costs and necessary administrative
overhead connected with the hearing including 1/2 of the appearance
fee of a stenographer. The costs, however, shall not include legal
expenses of the Zoning Hearing Board, expenses for engineering, architectural
or other technical consultants or expert witness costs. Until such
time as the Supervisors shall adopt a resolution setting or altering
the fee schedule, the following fees shall prevail:
A. Zoning permits fees shall be in an amount as established from time
to time by resolution of the Board of Supervisors; provided, however,
that if the zoning permit authorizes or pertains to a new or re-built
structure or an addition to an existing structure, an additional fee
shall be paid, based upon the total square footage, in excess of 1,000
square feet in an amount as established from time to time by resolution
of the Board of Supervisors.
B. Occupancy permits or certifications as to zoning classifications
or regulations and similar certificates not otherwise specifically
provided for fees shall be in an amount as established from time to
time by resolution of the Board of Supervisors.
C. Conditional use applications and all Zoning Hearing Board applications
(variance, special exception, other appeals or matters) fees shall
be in an amount as established from time to time by resolution of
the Board of Supervisors, however, those applications involving a
request for a zoning ordinance amendment or alteration of the zoning
map or district boundaries shall be fees in an amount as established
from time to time by resolution of the Board of Supervisors. In addition
thereto, there shall be assessed as a fee to be paid prior to advertising
of any hearing, 1/2 of the appearance fee of a stenographer, unless
the presence thereof is waived in writing and the costs of giving
public notice and legal advertising; and also when applicable, compensation
for the Secretary and members of the Zoning Hearing Board, not to
exceed an amount as established from time to time by resolution of
the Board of Supervisors.
D. The applicant, in case of such public hearing, shall cause to be
deposited the sum an amount as established from time to time by resolution
of the Board of Supervisors with the Township prior to advertising
of the hearing in order to guarantee the payment of the aforesaid
hearing costs, provided that the applicant shall pay any excess of
such costs over and above the deposit and shall be refunded any amount
less than the deposit incurred for such hearing costs.
E. Certification as to Act 222 compliance fees in an amount as established
from time to time by resolution of the Board of Supervisors.
F. In any instance where a permit is requested, after the commencement
of the work or contemplated change of use has been already undertaken,
the applicant shall pay an additional fee in an amount as established
from time to time by resolution of the Board of Supervisors over and
above the other fees specified herein or such other fee as established
by resolution of the Township Supervisors.
G. A fee in an amount as established from time to time by resolution of the Board of Supervisors payable in advance shall be charged for a Certificate of Nonconformance. (See §
27-805.)
H. A fee in an amount as established from time to time by resolution
of the Board of Supervisors payable in advance, shall be made for
each conditional use application to cover the costs of engineering
and other investigations made by the Township. For any additional
costs incurred by the Township above the amount as established from
time to time by resolution of the Board of Supervisors, the applicant
shall reimburse the Township.