[Ord. No. 8-9-2005, 8/9/2005,
§ 1200; as amended by Ord. No. 11-11-2014, 11/11/2014]
1. The provisions of this chapter shall be administered and enforced
by the Zoning Officer who shall be appointed by the Township Supervisors
and hold no elective office in the Township. Said officer shall be
able to demonstrate to the satisfaction of the Supervisors a working
knowledge of municipal zoning, and shall meet such other qualifications
as the Supervisors may, from time to time, deem necessary for the
effective implementation of this chapter. The Zoning Officer may be
compensated for his work and shall have the following duties:
A. To receive and process applications for permits, certificates, variances,
conditional uses, special exception uses, 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 or deny applications for zoning permits in accordance with the procedure set forth in §
27-1203 of this chapter. In cases involving a request for a conditional use, a special exception, or a variance, zoning permits shall be issued only upon written order of the appropriate approving agency. It shall be the responsibility of the Zoning Officer to process requests for such hearings before the Township Supervisors and Zoning Hearing Board, as applicable.
D. To issue or deny requests for certificates of compliance in accordance with the procedure set forth in §
27-1204 of this chapter.
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 written enforcement notices as specified in §
27-1205, Subsection 1A, of this chapter 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.
G. To maintain and update the Official Zoning Map as amendments are
made by the Township Supervisors.
H. To maintain a log of all applications, permits or certificates issued,
variances granted, inspections made, reports rendered and notices
or orders issued.
I. To post notice of pending Zoning Hearing Board hearings in accordance with the procedures established in §
27-1003, Subsection 5B, and to post notice of proposed zoning district boundary changes as per the requirements of §
27-1101, Subsection 1A.
J. To present facts, records, and other information to the Township
Supervisors and/or Planning Commission, upon request of such body,
as will assist them in their deliberations of specific applications.
K. To present to the Zoning Hearing Board, in each case before the Board,
all relevant facts and arguments to support the Township's position,
interpretation, and procedures in application of the provisions of
this chapter.
L. To issue certificates of nonconformance as requested (See also §§
27-901, Subsection 1F, and 27-902, Subsection 1C)
M. To perform such other duties as may be provided or made necessary
by the terms of this chapter.
[Ord. No. 8-9-2005, 8/9/2005,
§ 1201]
All persons desiring to undertake any new construction, structural alteration, or change in the use of a building, structure, or land shall apply to the Zoning Officer for a zoning permit by completing the appropriate application form and by submitting the required fee. The Zoning Officer shall then either issue or deny the zoning permit or refer the application to the Zoning Hearing Board or Township Supervisors for their consideration, as applicable. After the applicant has received his zoning permit, he shall contact the Township Building Code Official and make application for a building permit. Following completion of his project, the applicant shall apply to the Zoning Officer for a certificate of compliance. If the Zoning Officer finds that the project has been completed in accordance with the terms of the zoning permit, he shall issue a certificate of compliance, after which the Building Code Official shall inspect the premises and issue or deny an occupancy permit allowing the premises to be occupied or used. (The specifics of each step of the zoning procedure are presented in §§
27-1203 and
27-1204 below and in chart form in Appendix 27-G of this chapter.) Nothing in this chapter shall exempt the applicant from obtaining any permits which may be required by other regulations or codes in effect in Hemlock Township.
[Ord. No. 8-9-2005, 8/9/2005,
§ 1202]
1. Requirements for Zoning Permits.
A. Zoning permit shall be required:
(1)
Prior to the placement, erection, construction, addition, or
alteration of any building, structure, or land.
(2)
Prior to the use or change in use of a building, structure,
or land.
(3)
Prior to the erection or alteration of signs except as specified
in Part 7.
(4)
Prior to the change or extension of a nonconforming use.
(5)
Prior to the demolition or razing of any building or structure.
(6)
Prior to development in any Floodplain District, except as listed
below.
It shall be unlawful for any person to commence work for the erection or alteration of any building or structure, the change from one use to another use In an existing building (regardless if structural alterations are proposed or necessary to accommodate the change), or for a change in the use of land, until a zoning permit has been duly issued therefor. No zoning permit shall be issued however until all appropriate sewage, driveway, and other related permits have first been issued for the proposed use. (See also Subsection 4 below for compliance requirements.) Upon issuance of the zoning permit, the applicant may apply for a building permit.
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B. Exemptions. Zoning permits shall not be required for the following
activities unless they are proposed within a Floodplain District:
(1)
Noncommercial or nonindustrial interior alterations when there
is no increase in ground floor exterior dimension and no change in
use.
(2)
General maintenance and repair to existing buildings or structures,
including siding, roofing, painting, the addition of storm windows,
and similar activities.
(3)
Land cultivation, including crop or tree farming.
(4)
Landscaping or clearing woodlands.
(5)
Construction or erection of pasture or farm fencing, land terraces,
steps or other similar features.
(6)
Placement or location of transmission, distribution and/or collection
lines for utilities.
2. Application for Zoning Permits.
A. Each request for a 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. 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.
B. The Zoning Officer shall have 10 working days after receipt of a
complete application to issue or deny requests for a zoning permit.
Any denial shall be in writing and shall state the reason(s) for such
action.
3. Description of Work and Plan Requirements.
A. All applications for zoning permits shall be accompanied by a sketch
or plans, drawn to scale, which show 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.
B. All applications and accompanying plans and documents shall become
a matter of public record once a permit has been either issued or
denied.
4. Proof of Compliance. It shall be the responsibility of the applicant
in all cases to furnish adequate documentation and to certify that
the proposed use will comply with all requirements of this chapter,
and all other applicable federal, state, or local regulations. Such
documentation may include copies of sewage permits, PennDOT highway
occupancy or Township driveway permits, Department of Labor and Industry
or Public Welfare approvals, or other regulatory agency reviews, where
such permits, approvals or reviews are appropriate.
5. Changes. After the issuance of a zoning permit, no change 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.
6. Display of Permit Placard. In addition to the zoning permit, the
Zoning Officer shall issue a permit placard which shall be displayed
or posted on the premises during the time that construction is in
progress. The permit placard shall remain posted until completion
of the project and final inspection has been made by the Zoning Officer.
Said placard shall bear the number of the zoning permit, the date
of its issuance, and the signature of the Zoning Officer.
7. Time Limitations for Permit.
A. Work on the proposed construction shall be commenced no later than
12 months after the date of issuance of the zoning permit and all
work covered by the permit shall be completed within 24 months after
the date of the permit's issuance or the permit shall expire and become
null and void. Additional work on the proposed project shall require
the issuance of a new zoning permit. A time extension of the original
permit may, however, be granted by the Zoning Officer where the applicant
submits a written request prior to the expiration of the original
permit setting forth sufficient and reasonable cause for the Zoning
Officer to grant such a request. No more than three six-month extensions
may be granted. Additional time shall require the issuance of a new
zoning permit.
[Amended by Ord. No. 03-09-2021, 3/9/2021]
B. 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.
8. Inspections.
A. 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 compliance.
B. In the discharge of his duties, the Zoning Officer shall have the
authority to enter any building, structure, premises, or development
located in any zoning district, upon presentation of proper credentials,
at any reasonable hour, to enforce the provisions of this chapter.
9. Revocation of Permits. The Zoning Officer may revoke a 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 Zoning Officer shall issue a cease
and desist order to the owner, corporation, or person holding the
permit to immediately discontinue the illegal action and surrender
the permit. In no case, however, shall the person so served abandon
the premises in an unsafe condition. The premises shall be secured,
to the satisfaction of the Zoning Officer, to avoid potentially hazardous
conditions. A report of such revocation shall be submitted to the
Township Building Code Official and to the Township Supervisors for
whatever additional action may be deemed necessary.
10. Temporary Zoning Permits. A temporary zoning permit may be authorized by the Zoning Officer for a nonpermanent structure or use 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. (See also §§
27-433 and
27-434 for additional temporary use permit requirements.)
11. Seasonal Zoning Permits. A seasonal zoning permit may be authorized by the Zoning Officer for (A) the placement or establishment of a temporary roadside stand; (B) the placement of a recreational vehicle on a lot located outside of a designated floodplain for between 30 days and 180 days in any calendar year; and (C) the placement of a recreational vehicle on a lot situated within a designated floodplain in the Township for more than seven consecutive days. Seasonal permits may be valid for no more than 180 days in any calendar year. Before issuing a Seasonal permit the Zoning Officer shall be satisfied that the requirements of §§
27-424, Subsection 1D, and 27-425, Subsection 1F, and all other applicable provisions of this chapter, including Part
3, the "District Regulations," have been met.
[Ord. No. 8-9-2005, 8/9/2005,
§ 1203]
1. Requirements for Certificates of Compliance.
A. 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 a certificate of compliance has been issued
by the Zoning Officer. Such requirement shall include proposals to
change one use to another use in an existing building (regardless
if structural alterations are proposed or necessary to accommodate
the change).
B. The issuance of a certificate of compliance is not intended to guarantee
or warranty, either stated or otherwise, the soundness of any construction
nor the habitability of any building or structure. The purpose of
this certificate is only to certify that all work authorized by the
zoning permit has been satisfactorily completed and that the building
or proposed use thereof complies with the provisions of this chapter.
2. Issuance and Effect. The applicant shall notify the Zoning Officer
upon completion of the permitted activity and the Zoning Officer shall
inspect the construction or change of use within 10 days of the notification.
The Zoning Officer shall then issue or deny the certificate within
10 days after the last inspection thereof. If the Zoning Officer is
satisfied that the work has been completed in accordance with the
issued zoning permit and is in compliance with the provisions of this
chapter, then the certificate of compliance shall be issued. If, however,
any part of the construction is found in violation, the certificate
shall be denied and the applicant shall be notified in writing of
the deficiencies or the reasons for denial of the certificate. Once
granted, the certificate shall continue in effect so long as there
is no change of use, regardless of change in ownership, tenants or
occupants.
[Ord. No. 8-9-2005, 8/9/2005,
§ 1204; as amended by Ord. No. 11-11-2014, 11/11/2014]
1. Failure to secure a zoning permit when required hereunder or failure
to secure a certificate of compliance, 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) and by regular mail, and be sent to
any person who has filed a written request to receive enforcement
notices regarding the parcel, and to any other person requested in
writing by the owner of record.
(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 Zoning Hearing Board within 15 days of the issuance of the enforcement notice as set forth in §
27-1003, Subsection
2, of this chapter.
(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.
In any appeal of an enforcement notice to the Zoning Hearing
Board, the Township shall have the responsibility of presenting its
evidence first.
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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. 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, upon
being found liable therefor in a civil enforcement proceeding commenced
by the Township, shall pay a judgment of not more than $500 plus all
court costs. No judgment shall commence or be imposed, levied or payable
until the date of the determination of a violation by a 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 or each
section of this chapter which shall be found to have been violated
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 attorney fees collected for the violation of this chapter
shall be paid over to Hemlock Township.
[Ord. No. 8-9-2005, 8/9/2005,
§ 1205]
1. Fees for the issuance of zoning permits, certificates of compliance,
ordinance amendments, conditional uses, special exception uses, variances,
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
and as may be amended hereafter by subsequent resolution.
2. Further, any fees paid by a party for the appeal of an enforcement
notice to the Township Zoning Hearing Board shall be returned to the
appealing party by the Township if the Zoning Hearing Board, or any
court in a subsequent appeal, rules in favor of the appealing party.