Township of Upper Darby, PA Administration

Administration and enforcement. The provisions of this chapter shall be administered by the Zoning Officer, who shall be designated by the Township. It shall be the duty of the Zoning Officer, and he is hereby given the power and authority, to enforce the provisions of this chapter. It shall be his duty to examine all applications for permits, issue permits for construction and uses which are in accordance with the requirements of this chapter, record and file all applications for permits with accompanying plans and documents and make such reports as the Township may require. Permits for construction and uses which are a special exception or a variance to requirements of this chapter shall be issued only upon order of the Zoning Hearing Board.

Requirement of zoning use permits. A zoning use permit must be issued prior to the erection or structural alteration of any building, structure, sign, or portion thereof, and prior to the use or change in use of a building or land, or sign, and prior to the change or extension of a nonconforming use. Applications for such permits shall be made by the owner of record or, with the agreement of the owner of record, by the beneficial owner or lessee, in writing to the Zoning Officer on such forms as may be furnished by the Township. Such application shall contain all information necessary for the Zoning Officer to ascertain whether the proposed erection, alteration, use or change in use complies with the provisions of this chapter.

Issuance of zoning use permits. Zoning use permits must be issued or denied within 30 days after the written application has been filed with the Zoning Officer. Upon completion of the erection or alteration of any building or portion thereof authorized by any permit, and prior to occupancy 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 has certified that the work has been inspected and approved as being in conformity with the provisions of this chapter and other applicable ordinances. It shall be unlawful for any person to commence work for the erection or alteration of any building until a zoning use permit has been duly issued therefor. The zoning use permit may be included as part of the Township's building permit.

Revocation of zoning use permits. A zoning use permit becomes invalid unless the authorized use is commenced within 180 days after the permit's issuance unless the work authorized by such permit shall have been substantially commenced within 180 days from the date of issuance. A zoning use permit also becomes invalid if the authorized construction work related to said use is suspended or abandoned for 180 days after the work has commenced. A permit holder may submit a written request for an extension of time for just cause. The Zoning Officer may grant extensions of time in writing.

Zoning certificate of occupancy. Upon completion of all work related to a zoning use permit, the holder of such permit shall notify the Township of such completion. No permit shall be considered complete or permanently effective nor shall any building be occupied or lot used until the Township has issued a certificate of occupancy certifying that the work has been inspected and approved as being in conformity with the zoning use permit and the provisions of this article and other applicable ordinances. The certificate of occupancy may be included as part of the certificate of occupancy issued as it relates to the Pennsylvania Construction Code Act.

Remedies. In case any building, structure or sign is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used or any hedge, tree, shrub, wall, or other growth is maintained in violation of this chapter or its amendments or of any regulations made pursuant hereto, in addition to other remedies provided by law, any appropriate action or proceeding, whether by legal process or otherwise, may be instituted or taken to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use; to restrain, correct, or abate such violation; to prevent the occupancy of said building, structure or land; or to prevent any illegal act, conduct, business or use in or about such premises.

Penalties. Any person, partnership, or corporation who or which has violated or permitted the violation of any provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding, pay a judgment of not more than $500 plus all court costs, including reasonable attorneys' fees incurred by Upper Darby Township as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by a Magisterial District Judge. The defendant may appeal the judgment of the Magisterial District Judge by filing an appeal with the Court of Common Pleas, Delaware County. 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 chapter to have believed that there was no such violation, in which event there shall be deemed to have been only one violation until the fifth day following the date of the determination of the violation by the Magisterial District Judge, and thereafter each day that a violation continues shall constitute a separate violation.

Interpretation, purpose and conflict. In interpreting and applying the provision 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 by this chapter to interfere with, abrogate or annul the Upper Darby Building Code or any rules, regulations or permits previously adopted or issued thereunder, or the rules, regulations of the Department of Health of Upper Darby Township, or any rules, regulations or permits previously adopted or issued thereunder, and not in conflict with any of the provisions of this chapter; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or land or upon the height of the building, or requires larger open spaces or lot frontages than are imposed or required by such ordinances, rules, regulations or permits, the provisions of this chapter shall control.

Validity; severability. 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 the chapter as a whole or any other part thereof.