A. 
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:
(1) 
To receive and process applications for permits, certificates, conditional uses, variances, appeals and other applications required under the terms of this chapter.
(2) 
To prescribe the form of all applications, permits and certificates required under the terms of this chapter.
(3) 
To issue zoning permits for the construction, alternation 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 the applications for hearings before the Zoning Hearing Board.
(4) 
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.
(5) 
To examine and inspect 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.
(6) 
To issue notice of violation to any persons violating any provision of this chapter, said written notice shall comply with the provisions of Article VI, Section 626.2 of the Pennsylvania Municipalities Planning Code, as amended.[1] Duplicate copies of such notice shall be referred to the Zoning Hearing Board and to the Township's Supervisors. The Zoning Officer shall also issue citations where violations are not rectified.
[1]
Editor's Note: See P.S. § 10626.2.
(7) 
To maintain and update the Official Zoning Map and Zoning Overlay District Map including any overlay districts that are a part of this chapter.
(8) 
To keep records of applications, permits or certificates issued, variances granted, inspections made, reports rendered and notices or orders issued.
(9) 
To perform such other duties as may be provided for or made necessary by the terms of this chapter.
B. 
The compensation for the Zoning Officer shall be set by resolution of the Rush Township Board of Supervisors from time to time.
A zoning permit shall be required prior to the erection, extension or alteration of any structure prior to the use or change in use of a structure or land. No such zoning permit shall be required for normal maintenance activities and minor repairs which do not constitute an erection, extension or alteration as herein defined. In addition to meeting the requirements of this chapter, the applicant shall conform to all other regulations and ordinances in effect in Rush 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.
A. 
Zoning permit application.
(1) 
To apply for a zoning permit, the applicant shall submit a Rush Township zoning permit application, along with all required fees and applicable permits, road encroachment, sewer, etc., to the Zoning Officer. When required by this chapter, site plans and other information shall accompany the application. The application shall list, among other things, the name(s), address(es) and phone number(s) 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, the 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.
(2) 
All applications for zoning permits, except those for conditional use permits as described in Article V of this chapter, shall be granted or denied by the Zoning Officer within 30 days from the date of receipt of the application and payment of all required fees. The Zoning Officer shall notify the applicant, in writing, of all action taken on the application for a zoning permit within said thirty-day period; if the application is denied, such notification shall specify the provisions of this chapter with which the application does not comply. After the applicant has received his zoning permit, he may proceed with his proposal as approved.
(3) 
A zoning permit shall be valid for a twelve-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 30 days prior to the expiration of the original zoning permit. This 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 resubmission for a new zoning permit.
(4) 
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 reconsideration.
(5) 
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.
(6) 
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.
(7) 
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 inspections as necessary to determine this compliance.
(8) 
In the discharge of his duties, the Zoning Officer shall have the authority to enter any building, structure or premises or development in any identified floodplain area or any other area of the Township, upon presentation of proper credentials, at any reasonable hour to enforce the provisions of this chapter.
A. 
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 building or proposed use, as stated in the zoning permit application, fails to comply with the regulations contained in this chapter, the Zoning Officer shall notify the applicant, in writing, of the denial of an occupancy permit and shall state the provisions of this chapter with which the action 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 that the defects have been corrected and that 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.
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 (i.e., grading, landscaping, planting of borders or buffers, paving or graveling or 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. The temporary occupancy permit shall be valid only until such time as the action for which the zoning permit was issued is complete or for a period of six months after issuance, whichever is less.
(2) 
In all cases, the applicant for a temporary certificate of occupancy shall provide financial security (which may be an irrevocable letter of credit with a federal- or commonwealth-chartered lending institution, a restrictive escrow account in such lending institution or a personal bond, the nature of which shall be at the discretion of the Zoning Officer) in an amount sufficient to guarantee the completions of the improvements within the prescribed time period in an amount no less than 100% of the estimated cost of finishing the work described in the zoning permit.
(3) 
The temporary certificate of occupancy shall set a time, not to exceed six months, 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 or other financial security and cause the work to be performed;
(b) 
Revoke the permit; or
(c) 
Avail itself of any other remedy open to it hereunder or under state law.
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. 
Enforcement notice.
(1) 
Whenever the Zoning Officer determines or feels that there has been a violation of any provision of this chapter, the officer shall initiate enforcement proceedings by sending an enforcement notice as provided for by Section 616.1 of the Pennsylvania Municipalities Planning Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10616.1 et seq.
(2) 
When such notice has been served by the Zoning Officer, the violation shall be discontinued immediately.
B. 
Revocation of permits. The Zoning Officer may revoke any permit hereunder at any time if it appears that 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.
C. 
Penalties. Penalties and remedies for violations of this chapter are stipulated in Sections 617 and 617.2 of the Pennsylvania Municipalities Planning Code, as amended.[2]
[2]
Editor's Note: See 53 P.S. §§ 10617 and 10617.2, respectively.
Fees for the issuance of permits, certificates for ordinance amendments, conditional uses, variances and other zoning action 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.
Any appeal from a decision or action of the Board of Supervisors or any officer or agency of the Township in matters pertaining to this chapter shall be made in accordance with Article X-A of the Pennsylvania Municipalities Planning Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 11001-A et seq.
The regulations, restrictions and district boundaries set forth in this chapter may, from time to time, be amended through action of the Board of Supervisors in the manner provided by Article VI, Sections 609 through 610, of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. §§ 10609 through 10610.