[Amended 4-17-2007 by Ord. No. 129]
The provisions of this chapter shall be administered and enforced
by the Zoning Officer who shall be appointed by the Board of Supervisors.
It shall be the duty of the Zoning Officer and he is hereby given
the power and authority to:
A. Receive all applications for zoning permits; issue permits when there
is compliance with the provisions of this chapter, other Township
ordinances and with the laws of the commonwealth.
B. Enforce the provisions of this chapter by the issuance of stop, cease
or desist orders or by other means. Such written orders shall be served
personally or by registered mail upon the persons, firms or corporations
deemed by the Zoning Officer, to be violating the terms of this chapter.
C. Receive applications for permits for construction and use which are
a special exception to the requirements of this chapter and which
shall be issued only upon order of the Zoning Hearing Board.
D. Conduct investigations to determine compliance with the terms of-this
chapter.
E. Institute civil enforcement proceedings as a means of enforcement
when acting within the scope of his/her employment.
F. Keep a permanent record of all plans and applications for permits
and all permits issued with the notation as to special conditions
attached thereto.
G. Maintain a map or maps showing the current zoning classifications
of all land in the Township.
H. Present such facts, records and any similar information to the Planning
Commission, Zoning Hearing Board or Board of Supervisors upon their
request.
I. Enter upon any property in conducting any investigation or pursuant
to any enforcement proceeding; and obtain an administrative warrant
to gain entry thereon when denied by the owner and/or occupant of
any property.
[Added 11-9-1994 by Ord.
No. 79; amended 5-18-2004 by Ord. No. 115]
A. A zoning permit shall be required prior to the erection, construction,
reconstruction, extension, moving or alteration of any building, structure
or portion thereof and prior to the use or change in use of a building
or land and prior to the change or extension of a nonconforming use.
A zoning permit shall not be required for the re-sale or subsequent
transfer of a single-family dwelling; for alterations when there is
no increase in floor area and there is no change in use; general maintenance
work; painting; tilling soil; raising animals; constructing ponds;
constructing steps or fences; landscaping; or driveway improvements.
B. It shall be unlawful for any person to improve or use any lot, tract or parcel of land for any use other than one single-family residence, agricultural building and uses accessory thereto (as provided under §§ 234-17.A and .D, and 234-24.A through .H) without having first obtained land development approval or a waiver thereof if the proposed improvement and/or use also requires subdivision and/or land development approval pursuant to Chapter
196 of the Nockamixon Township Code of Ordinances, the Nockamixon Township Subdivision and Land Development Ordinance, as amended. No zoning permit or building permit shall be issued for any use or improvement requiring approval under Chapter
196, as amended, until land development approval or a waiver thereof has been obtained from the Board of Supervisors.
C. Any erection, construction, reconstruction, alteration or moving
of a building or other structure including a sign authorized by a
zoning permit shall be commenced and any change in use of a building
or land authorized by a zoning permit shall be undertaken within one
year after the date of issuance of the permit. However, in the case
of erection or construction of a building, the right to proceed with
construction may be extended annually without payment of additional
fees for an aggregate period of not more than three years, provided
that the construction pursuant to said permit has commenced within
the first one-year period.
Zoning permits shall be granted or refused after a complete
written application has been filed with the Zoning Officer, provided
that nothing contained in this chapter shall be construed to require
or empower the Zoning Officer to grant a permit approving construction
on or use of land which has been subdivided into lots pursuant to
a plan of subdivision, the plan and profile of which have not been
approved by the Township Board of Supervisors and duly recorded, as
required by law. Upon completion of the erection or alteration of
any building or portion thereof authorized by a zoning permit and
prior to occupancy and/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
and regulations. All applications with accompanying plans and documents
shall become and be preserved as a public record, subject to the disposition
of the Board of Supervisors.
Fees for permits shall be paid in accordance with a Fee Schedule
to be adopted by resolution of the Board of Supervisors and all such
fees shall be paid into the Township treasury. Each applicant for
an appeal, special exception, variance or other requested action shall,
at the time of making application, pay a fee, in accordance with the
aforementioned Fee Schedule, for the cost of advertising, mailing
notices and cost of stenographic services, as required by this chapter
and the rules of the Zoning Hearing Board.