[Ord. 05-01-01, 5/7/2001]
1. The provisions of this chapter shall be administered and enforced
by the Zoning Officer who shall be appointed by the Township Supervisors,
shall hold no elective office in the Township, may be compensated,
and shall have the following duties:
A. To receive and process applications for permits, certificates, conditional
uses, variances, 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 zoning permits for the construction, alteration and occupancy
of all uses and 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 conditional use or a
variance, permits shall be issued only upon written order of the appropriate
reviewing agency. It shall be the responsibility of the Zoning Officer
to process applications for hearings before the Zoning Hearing Board.
D. To refuse applications for 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 and inspect land, buildings, and structures to determine
their consistency with the chapter at the time of application filing,
during the work, and upon completion of the work.
F. To issue notice of violation to any person violating any provision
of this chapter. Said written notice shall comply with the provisions
of Article IV, Section 626.2 of the Pennsylvania Municipalities Planning
Code, as amended, 53 P.S. § 10626.2. Duplicate copies of
such notice shall be referred to the Zoning Hearing Board and to the
Township Supervisors. The Zoning Officer shall also issue citations
where violations are not rectified.
G. To maintain and update the Official Zoning Map, including any overlay
districts.
H. To keep records of applications, permits or certificates issued,
variances granted, inspections made, reports rendered, and notices
or orders issued.
I. To identify and register all nonconforming uses and structures existing
as of the effective date of this chapter.
J. To perform such other duties as may be provided for or made necessary
by the terms of this chapter.
2. The compensation for the Zoning Officer shall be set by resolution
of the Gregg Township Board of Supervisors, from time to time.
[Ord. 05-01-01, 5/7/2001]
1. Permit Required. A zoning permit shall be required prior to the erection,
extension or alteration of any structure and prior to the use or change
in use of any structure or land. No zoning permit shall be required
for normal maintenance activities and minor repairs which do not constitute
an erection, extension or alteration as herein described. In addition
to meeting the requirements of this chapter, the applicant shall conform
to all other regulations and ordinances in effect in Gregg Township,
or as may hereafter be adopted. Nothing in this chapter shall exempt
the applicant from obtaining any permits which may be required by
such other regulations or ordinances.
2. Zoning Permit Application. To apply for a zoning permit the applicant
shall submit a Gregg Township Zoning Permit Application, along with
all required fees, and applicable permits for road encroachment, sewer,
and the like, to the Zoning Officer. The application shall list, among
other things, the names, addresses, and phone numbers of: the applicant,
the owner, the developer of the use, and the person or organization
which will operate the use. When any of the above are corporate entities,
the application shall list, in addition, names, addresses and phone
numbers of the chief executive officers of those corporate entities.
If any corporate entity listed hereunder is owned or controlled by
another corporate entity or parent company, the same information shall
be supplied for the parent company. Failure to provide accurate, current
or complete information with regard to any of the above shall constitute
grounds for rejection of the application. Should said failure to provide
accurate and complete information become apparent after the issuance
of a zoning permit, said permit may, at the option of the Board of
Supervisors, be revoked, and the Township may proceed against the
parties as if they had never obtained a permit.
3. Grant or Denial of Application. All applications for zoning permits, except those for conditional use permits as described in Part
9, shall be granted or denied by the Zoning Officer within 30 days of the date of receipt of the application and/or date of payment of all required fees, whichever is later. The Zoning Officer shall then notify the applicant in writing of all action taken on the application for a zoning permit within the said thirty-day period. If the application is denied, the notification shall specify the provisions of this chapter with which the application does not comply. If the application is approved, a permit shall be issued, and the applicant may proceed with the project.
4. Duration of Zoning Permit. A zoning permit shall be valid for a twenty-four-month
period from the day of issuance. A time extension may be granted for
up to six months if a written request is submitted by the applicant
at least 30 days prior to the expiration of the original zoning permit.
The written request shall set forth sufficient and reasonable cause
for the Zoning Officer to grant such a request. Only one time extension
may be granted by the Zoning Officer without a resubmission far a
new zoning permit.
5. Changes. After the issuance of a zoning 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.
6. Placards. In addition to the zoning permit, the Zoning Officer shall
issue a placard which shall be displayed on the premises during the
time construction is in progress. This placard shall show the number
of the zoning permit, the date of its issuance, a description of the
construction authorized and bear the signature of the Zoning Officer.
7. Commencement of Construction. 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, footings, piers or foundations, erection of temporary forms,
the installation of pilings under proposed subsurface footings, or
the installation of sewer, gas, and water pipes, or electrical or
other service lines from the street.
8. Inspections and Authority to Enter.
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 this compliance.
B. In the discharge of his duties, the Zoning Officer shall have the
authority to enter any building, structure, or premises, or any other
area of the Township, 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 any permit hereunder
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.
10. Permit Information. All applications, permits, written notices, inspection
reports, notices of violation, register of nonconforming uses, and
other records received by or generated by the Zoning Officer are Township
records and as such are the property of the Township.
[Ord. 05-01-01, 5/7/2001]
1. Following completion of his project, the applicant shall apply to
the Zoning Officer for a certificate of occupancy, or temporary certificate
of occupancy. If the Zoning Officer finds that the project has been
completed in accordance with the zoning permit, he shall issue a certificate
of occupancy thus allowing the premises to be occupied.
A. Requirements for Certificate of Occupancy.
(1)
No land shall be occupied or used and no building hereafter
erected, altered or extended shall be used or changed in use until
a certificate of occupancy shall have been issued by the Zoning Officer,
stating that the buildings or proposed use thereof complies with the
provisions of this chapter. The certificate shall be issued within
10 days after the erection, alteration, or change shall have been
approved as complying with the provisions of this chapter.
(2)
If the buildings or proposed use, as stated in the zoning permit
application, fails to comply with the regulations in this chapter
the Zoning Officer shall notify the applicant, in writing, of the
denial of the occupancy permit and shall state the provisions of this
chapter with which the applicant does not comply. The applicant may
correct the defects cited in the denial by the Zoning Officer for
the occupancy permit. If, upon notification by the applicant and inspection
of the premises by the Zoning Officer the defects have been corrected
and no additional defects have been created, an occupancy permit shall
be immediately issued.
(3)
Once granted, this certificate shall continue in effect so long
as there is no change of use, regardless of change in the ownership,
tenants, or occupants.
(4)
If the Zoning Officer fails to conduct the required inspections
within 30 days of receipt of written request for a certificate of
occupancy, the premises may be occupied for the use specified in the
zoning permit.
B. Temporary Certificates of Occupancy.
(1)
Temporary certificates of occupancy may be issued by the Zoning
Officer. Such certificates may be issued when most of the work on
a structure or site has been completed, and the structure or site
is usable or habitable, but some aspects of the work, (including,
but not limited to: grading, landscaping, planting of borders or buffers,
paving or graveling of drives and walks, exterior painting or finishing,
and similar work) have not been completed due to weather, the season
of the year, or other reasonable cause.
(2)
The temporary certificate of occupancy shall set a time, not
to exceed one year, by which the work must be completed and a certificate
of occupancy applied for. If the work is not completed within the
required time, the Township may: (a) invade the bond and cause the
work to be performed, or (b) revoke the permit, or (c) avail itself
of any other remedy open to it hereunder, or under state law. Election
of any remedy or combination of remedies shall not preclude the Township
from electing another remedy or combination of remedies at another
time.
[Ord. 05-01-01, 5/7/2001]
1. Failure to secure a zoning permit when required hereunder, or failure
to secure a certificate of occupancy, or failure to carry out the
provisions of this chapter, shall be considered a violation of this
chapter.
A. Notice of Violations.
(1)
Whenever the Zoning Officer determines that there has been a
violation of any provision of this chapter, the Officer shall give
notice of such alleged violation as hereinafter provided. Such notice
shall:
(b)
Include a statement of the reasons for its issuance.
(c)
Allow a reasonable time (not to exceed a period of 30 days)
for the correction or abatement of the alleged violation.
(d)
Be served upon the property owner or his agent, occupant, contractor
or builder as the case may require.
(e)
Contain an outline of remedial action which, if taken, will
affect compliance with the provisions of this chapter.
(2)
When such notice has been served by the Zoning Officer, the
violation shall be discontinued immediately, and all construction
and other work must cease. Such work as is reasonably necessary to
prevent loss or damage due to weather shall be allowed.
B. Penalties.
(1)
Any person, partnership or corporation who shall violate the
provisions of this chapter shall, upon conviction thereof in a summary
proceeding, be sentenced pay a fine as set forth in the Municipalities
Planning Code, as amended, 53 P.S. § 10101 et seq.
(2)
In default of payment of the fine, such person, the members
of such partnership, or the officers of such corporation shall be
liable to imprisonment as set forth in the Municipalities Planning
Code, 53 P.S. § 10101 et seq.
(3)
Each day that a violation is continued shall constitute a separate
offense. Imposition of such penalty, or any other penalty or remedy
under this section, shall not limit in any manner the right of the
Township to pursue other remedies, as set forth herein, to restrain,
correct, abate or remedy the violation.
C. Remedies.
(1)
In case any building or structure is erected, constructed, reconstructed,
altered, repaired, converted or maintained or any building, structure
or land is used in violation of this chapter, the Township Supervisors
may institute in the name of the Township, any appropriate action
or proceedings to prevent such unlawful erection, construction, reconstruction,
alteration, repair, conversion, maintenance, or use, to restrain,
correct or abate such violation, or to prevent any illegal act, conduct,
business or use in or about such premises.
(2)
In the case of violation of the provisions herein concerning
the disposal of trash, garbage, and other forms of solid waste, sewage,
stormwater runoff, and other forms of liquid waste or polluted water,
and any form of gaseous waste, the Township may, in addition to all
of the remedies herein listed or provided by law, seek a court order
forcing the violator to clean up damage done, and restore the site
as nearly as possible to the condition it was in at the violator's
expense, or clean up and restore the site itself, and collect from
the violator the cost of doing so, including court costs, attorney's
and professional fees, and secretarial and managerial time.
[Ord. 05-01-01, 5/7/2001]
1. Fees for the issuance of permits, certificates for ordinance amendments,
conditional 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 resolution
of the Township Supervisors, and as amended by them by resolution
from time to time.