A. 
A Zoning Officer shall administer and enforce this chapter in accordance with its literal terms. He shall be appointed by and be responsible to the Board of Commissioners and shall hold no elective office in the Township.
B. 
The Zoning Officer shall receive and process applications for zoning permits and permissions to occupy in accordance with this chapter and shall not permit any construction or any use or change of use which does not conform to this chapter.
C. 
The Zoning Officer shall investigate alleged violations and take action in accordance with § 180-43 of this chapter. He shall also testify before the Zoning Hearing Board on contested decisions he has made or when otherwise called to testify. He shall not be denied access to any property in the course of administering and enforcing this chapter.
D. 
All questions of interpretation of this chapter shall be first presented to the Zoning Officer, who shall make a decision thereon. Such questions shall be considered by the Zoning Hearing Board only on appeal from the Zoning Officer's decision.
E. 
In addition, the Zoning Officer shall represent the Township at hearings before the District Justice (see § 180-43), shall maintain public files of all permits issued and applications processed, shall attend meetings of Council to provide a monthly report of his activities (see § 180-41I), shall examine permitted work in progress (see § 180-41E) and shall prepare and maintain a record of nonconforming uses (see § 180-34).
[Amended 12-12-1997 by Ord. No. 281]
A. 
No building or structure including a mobile home or a sign shall be erected, moved or enlarged unless a zoning permit for such action has been issued by the Zoning Officer. Permits shall not be required for the repaving of existing residential driveways, for painting, for repainting masonry, for replacing an existing roof when the shape and dimensions of the roof are not changed or for altering interior partitions or doorways when no structural changes are needed. Once a permit has been issued by the Zoning Officer, anyone aggrieved by that action may, within 30 days thereafter, appeal the action to the Zoning Hearing Board.
B. 
An application for a zoning permit shall include the following, in duplicate, on forms provided by the Zoning Officer. A site plan may be waived by the Zoning Officer if the application includes no construction outside the existing buildings on the lot.
(1) 
A site plan drawn to scale showing the location of the proposed new construction on the property relative to property boundaries and abutting street, with distances indicated, the location of driveway entrances, signs and off-street parking areas noting the arrangement of spaces and any grading contemplated.
(2) 
A statement describing the proposed use of the new construction and the length, width and height of its components.
(3) 
Approval from the State Department of Labor and Industry if an enclosed structure other than a one-family detached or two-family dwelling is proposed.
(4) 
Affidavit of the applicant that all information provided is true and correct to the best of his knowledge.
C. 
If the application is satisfactory, the Zoning Officer shall inspect the premises where the construction is proposed to occur. If new construction is proposed, the Zoning Officer shall verify on the site the location of the construction relative to adjacent property lines and may order the owner to have stakes positioned by a registered surveyor to indicate the property line and outline of the new construction. Upon completing his inspection and finding the application and premises compatible, the Zoning Officer shall collect the appropriate zoning permit fee (see § 180-45), approve the application and return one copy together with a signed zoning permit authorizing the applicant to proceed. The applicant shall post the permit prominently on the building site during construction.
D. 
If the application is not satisfactory, the Zoning Officer shall return one copy of the application together with a letter indicating the specific reasons why the application cannot be approved and the changes needed to make it acceptable.
E. 
The Zoning Officer shall from time to time visit the property whereon the approved construction is taking place in order to assure himself that the work is proceeding in accordance with the zoning permit. The Zoning Officer shall not be denied access to the property during working hours in order to inspect the construction in progress and may order the work corrected to conform to the permit or halted pending appeal to the Zoning Hearing Board.
F. 
If an applicant wishes to amend the use, arrangement or construction of his building from that shown on the permit after the permit is approved, he shall file with the Zoning Officer an application for an amended zoning permit.
G. 
A zoning permit shall become void if after six months from the date of issue construction has not commenced and been vigorously pursued. The life of a zoning permit shall be one year from the date of issue. Permits may be extended for not more than one additional year on large projects or where the applicant can prove to the Zoning Officer a hardship exists making it impossible to complete the project in one year. Once a permit has become void, a replacement permit may be obtained in the same manner as for the original permit.
H. 
A permit shall be required for the removal of any building or part of any building. The applicant shall be responsible for backfilling any excavation created by the razing and for the removal of all debris on the lot within 60 days after the issuance of the permit.
I. 
The Zoning Officer shall keep records of all applications either approved or disapproved, including one copy of each permit issued, shall maintain a journal of his activities and shall submit a monthly report and an annual summation report to the Board of Commissioners detailing building activity in the Township during the preceding year.
A. 
Before a multifamily, commercial or industrial building may be occupied or before the use of a property or structure can be changed or a property occupied without the need of a zoning permit, the owner shall secure the approval of the Zoning Officer in writing. Such approval shall be required also whenever additional dwelling units are being installed in a structure, a home occupation is introduced or changed or commercial premises are converted to a second commercial use.
B. 
The owner shall be responsible for the use of his property, even though he leases it to others, and for securing the necessary occupancy permission, if needed.
A. 
If the Zoning Officer finds any provisions of this chapter are being violated, such as the operation of an illegal use or the locating of a structure illegally on a lot, he shall notify the owner of the property upon which the alleged violation is occurring by mail, with a copy to the Township Secretary.
B. 
The notice shall indicate the suspected violation, citing specific sections of this chapter, the action necessary to correct the violation within 30 days or less and the owner's appeal procedure.
C. 
At the end of the period within which the violation is to be corrected, the Zoning Officer shall inspect the property to determine if the violation has been removed. Unless the owner has appealed to the Zoning Hearing Board to reverse the Zoning Officer's decision, modify it or grant a time extension, the Zoning Officer shall take the owner before the District Justice who, if he finds the owner guilty, shall assess penalties and/or order appropriate action in accord with Subsection D.
D. 
Continuation of a violation beyond the period within which it is to be corrected without an appeal having been filed shall constitute a summary offense. While an appeal is in process, development shall not continue on the contested portion of the project. Any person, partnership or corporation who or which violates any provision of this chapter or amendment thereto shall, upon conviction in a summary proceeding, be sentenced to pay a fine of not more than $500 plus costs of prosecution. Each day that a violation is continued shall constitute a separate offense. All fines collected shall be paid over to the Township.
[Amended 12-12-1997 by Ord. No. 281]
E. 
The owner or tenant of any structure, premises or part thereof, and any architect, engineer, builder, contractor, agent or other person who commits, participates in, assists in or maintains a violation may each be found guilty of a separate offense and suffer the penalties herein provided.
F. 
Nothing herein contained shall prevent the Township from taking such other lawful action as is necessary to prevent or remedy any violation or to bring action to enjoin any violation of this chapter.
A. 
An amendment of this chapter may be initiated by the Planning and Zoning Commission, by the Board of Commissioners or by petition presented to the Planning and Zoning Commission by a property owner or owners or by a person or corporation who or which has an option to purchase a property in the Township. The proposed amendment or petition shall be written as proposed to be adopted. Revisions to the Zoning Map shall be specified in writing citing particular boundaries.
B. 
The Planning and Zoning Commission shall review an amendment petition or a proposal by the Board of Commissioners and prepare recommendations to the Board not later than the Commission's second regular meeting after receiving the proposal. The Commission may recommend approval of the proposal as presented, approval with specific changes or rejection. If the proposal is made by the Board of Commissioners, the Board shall allow the Commission at least 30 days to review and comment on the proposal before taking action.
C. 
The Board of Commissioners shall call and hold a public hearing after reviewing the Commission's recommendations or at least 30 days after submitting a proposal to the Commission for review. In addition, the Board shall send the proposal to the Beaver County Planning and Zoning Commission for review and comment at least 30 days before the hearing.
D. 
The Board of Commissioners shall advertise for its hearing twice in a newspaper of general local circulation, once in each of two consecutive weeks, the first notice not more than 30 and the second notice not less than seven days before the hearing. The notice shall contain the full text of the amendment or a summary, reference to a place and times where and when the amendment may be examined free of charge before the hearing and the date, time, place and purpose of the hearing.
[Amended 12-12-1997 by Ord. No. 281]
E. 
In addition, where a change of zoning district boundary is sought, the property or group of properties affected shall be posted in at least one conspicuous location not less than 14 days before the hearing with the same information as in the hearing advertisement. Owners of property within, abutting or directly across a street from the boundaries of an area proposed for a change of zoning classification shall be informed by mail at least 15 days before the hearing with the same information.
F. 
The Board of Commissioners shall hold the hearing, keeping a written or sound record of the testimony and shall make a decision by majority vote to adopt or reject the amendment within 90 days after the hearing. The Board is not bound in its decision by the recommendations received from the Township or County Planning and Zoning Commissions.
G. 
If an amendment is substantially revised after the hearing or zoning district boundaries are further altered, the Board shall hold another hearing on the revisions before taking action.
H. 
If a landowner submits a curative amendment under the provisions of the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended,[1] the Board of Commissioners shall call and hold a public hearing within 60 days of receiving the petition and shall proceed as for any other amendment petition. If the Board declares all or part of this chapter invalid, it shall not be required to receive a curative amendment during the period of the ordinance review, but shall, within 30 days of its declaration, make a statement of the specific deficiencies it proposes to correct and shall, within 180 days thereafter either adopt its curative amendment after public hearing or reaffirm the validity of this chapter as it was prior to the declaration. Such action by the Board may not again be taken for at least three years after deciding on a previous municipal curative amendment.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
I. 
Appeal from a decision of the Board of Commissioners on an amendment proposal shall be to the Beaver County Courts.
A. 
The Board of Commissioners shall establish by resolution a schedule of fees to cover the cost of permits, conditional use approvals, petitions to amend the ordinance or any action brought before the Zoning Hearing Board.
B. 
The current fee schedule shall be available at the office of the Township Secretary and may be amended only by official resolution of the Board.
C. 
No permit shall be issued nor any action taken on proceedings before the Board of Commissioners or the Zoning Hearing Board until the appropriate fees have been paid in full.
This chapter is required for the immediate protection of the public health, safety, and welfare and shall be effective upon its passage and signing by the officers of the Board of Commissioners.