The purpose of this article is to set forth procedures for the
administration and enforcement of this chapter, in accordance with
the Planning Code.
A.
The administration, enforcement, and amendment of this chapter shall be in accordance with the provisions of Article VI and any other applicable sections of the Pennsylvania Municipalities Planning Code, Act 247, as amended, hereinafter referred to in this Article as the Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
There shall be a Code Enforcement Officer (CEO) appointed by the
Township Commissioners.
C.
The CEO shall not hold any elective office in the Township.
D.
The CEO shall administer this chapter in accordance with its literal
terms and shall not have the power to permit any construction, use
or change of use which does not conform to this chapter.
E.
The CEO may be authorized to institute civil enforcement proceedings
as a means of enforcing this chapter.
F.
Duties. The following duties shall be performed by the CEO:
(1)
Enforce all provisions of this chapter and all amendments thereto.
(2)
Receive, examine, record and file all applications and fees
for building permits and issue building permits only for any structure
or use that conforms to this chapter.
(3)
Issue permits for uses and construction by special exception
or variance only after such uses or buildings are approved by the
Zoning Hearing Board (ZHB), in accordance with the provisions of this
chapter. Permits requiring approval by the Township Commissioners
shall be issued only after receipt of an authorization from the CEO.
(4)
Maintain, or cause to be maintained, a map or maps showing the
current zoning classification of all land in the Township.
(5)
Upon request of the Commissioners, Planning Commission or ZHB,
present facts, records, and any similar information to such body on
specific requests to assist these bodies in reaching their decisions.
(6)
Receive all required fees.
(7)
Regularly inspect all areas of the Township to determine if
there are any violations of this chapter and review the validity of
any reported zoning violations.
(8)
Issue all necessary stop orders, and order in writing correction
of all conditions found to be in violation of this chapter. It shall
be unlawful for any person to violate any such order lawfully issued
by the CEO, and any person violating such order shall be guilty of
a violation of this chapter.
(9)
Maintain, or cause to be maintained, a map or maps showing the
current zoning classification of all land in the Township.
G.
Appeals from decisions of the CEO. An appeal from a decision or action
of the CEO shall be made directly by a party in interest to the ZHB
and such appeal shall be made within 30 days after notice of the decision
is made or, if no decision is made, 30 days after the date when a
decision is deemed to have been made, in accordance with the Planning
Code, as amended.
H.
Violations. Whenever a violation of this chapter is alleged to have
occurred, any person may file a written and signed complaint. Such
complaint, stating fully the causes and basis thereof, shall be filed
with the CEO who shall record such complaint promptly and immediately
investigate and take action thereon as provided in this chapter.
A.
Enforcement notice. If it appears to the Township that a violation
of this chapter has occurred, the Township shall initiate enforcement
proceedings by sending an enforcement notice to the owner of record
of the parcel on which the violation has occurred, to any person who
has filed a written request to receive an enforcement notice regarding
that parcel and to any other person requested in writing by the owner
of record. An enforcement notice shall include the minimum components
required in Section 616.1(c) of the Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
Causes of action. See Section 617 of the Planning Code.
C.
Enforcement remedies. See Section 617.2 of the Planning Code.
D.
Jurisdiction. District justices shall have initial jurisdiction over
proceedings brought under Section 617.2 of the Planning Code.
A.
Requirement for permits. A permit shall be required prior to the
erection or alteration of any building, structure, or portion thereof,
including signs and fences, prior to the use or change in use of a
building or land and prior to the change or extension of a nonconforming
use or structure.
B.
Application for permits. Application for permits shall be made to
the CEO on such forms as may be furnished by the Township. Each application
shall contain all information necessary to ascertain whether the proposed
erection, alteration, use or change in use complies with the provisions
of this chapter.
C.
Issuance of permits.
(1)
No building or use permit shall be issued until the CEO has
certified that the proposed building or alteration or the proposed
use of the property comply with the provisions of this chapter.
(2)
Permits shall be granted or refused within 45 days after the
date of application. In case of refusal, the applicant shall be informed
of his right to appeal to the ZHB.
D.
Permits for trailers or other temporary structures. Prior to the placement or location of a trailer or other temporary structure on a site, a permit shall be obtained from the CEO as noted above in § 395-175. Such temporary permit shall be effective for not more than 90 days and may be renewed. However, the total continuous time for which temporary permits may be issued shall not exceed one year.
E.
Expiration of permits. Permits for the erection, razing, change,
alteration or removal of a building shall be valid or effective for
a period of not more than six months from the date of issuance thereof
and shall thereafter be void, unless the work authorized by such permit
shall have been substantially commenced within that period and continues
with due diligence from that time forward. In no event shall a zoning
permit be construed to authorize development activities for more than
one year, after which a new permit must be sought. If, however, the
applicant has been delayed in proceeding with the work for which the
permit was granted for reasons beyond his or her control and demonstrably
not due to his or her own negligence, the CEO may renew such permit
without additional costs to the applicant.
F.
Occupancy permits.
(1)
Applicability. An occupancy permit shall be deemed to authorize
and is required for both initial and continued occupancy and use of
the building or land to which it applies. Such permit shall certify
that the premises have been inspected and comply with all previously
approved plans and all conditions or safeguards attached to the issuance
of a zoning permit. It shall also certify that the premises comply
with all other applicable requirements of the Township. The following
shall be unlawful until an occupancy permit shall have been applied
for and issued by the CEO:
(a)
Occupancy and use of a building erected, reconstructed, altered,
moved, or any change in the use of an existing building.
(b)
Occupancy use or any change in use of vacant land.
(c)
Any change in use of a nonconforming use.
(d)
Any change in ownership in residential owner-occupied structures
and new tenancy in rental facilities.
(2)
Applications. Application for an occupancy permit shall be made
on forms furnished by the Township after the building or part thereof
has been erected, the change in use has been completed, or the land
placed in use. In the case of a change in ownership or tenancy of
an existing residential building, an occupancy permit shall be applied
for by the owner of such a building upon the sale or rental respectively.
Application for an occupancy permit shall be accompanied by payment
of the required fee.
(3)
Action by the CEO.
(a)
The CEO shall, within 15 days of application filing, inspect
the premises and either certify compliance with the previously approved
plans and all conditions and safeguards stated upon issuance of a
zoning permit or deny such certification. In the case of a change
in use of an existing building or vacant land (when no zoning permit
is required), the CEO shall verify compliance with the applicable
zoning regulations.
(b)
Upon establishment of compliance in any of the aforementioned
cases, the CEO shall note his certification on the occupancy permit
form in one column designated for zoning inspections. The certified
occupancy permit form shall be forwarded to the CEO for further processing.
(c)
If the CEO's certification of the occupancy permit form
is denied, the CEO shall state in writing the reasons for such denial.
G.
Fees.
(1)
The Commissioners shall establish by resolution a schedule of
fees, charges, expenses and collection procedures for building permits,
sign permits, special exceptions, variances, appeals, amendments,
and other matters pertaining to this chapter.
(2)
A schedule of fees shall be posted in the office of the CEO
or Township Manager and may be altered or amended by the Board of
Commissioners only.
(3)
The cost of permits shall be based on a fee schedule as established
from time to time by the Commissioners.
(4)
No action shall be taken on any application for any special
exception, variance, appeal, or other similar matter pertaining to
this chapter until all application fees, charges and expenses have
been paid in full.
H.
Enforcement remedies.
A.
Power to amend. The regulations, restrictions, boundaries, requirements
set forth in this chapter may be amended, supplemented, changed or
repealed by the Township Commissioners by amending this chapter in
accordance with Sections 609, 609.1 and 609.2 of the Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
Procedure for amendment.
(1)
An ordinance amending, supplementing or changing the district
boundaries (Zoning Map) or the regulations established herein may
be initiated:
(a)
By the Board of Township Commissioners, upon its own initiative
or upon recommendation of the Planning Commission.
(b)
Upon a petition to the Township Commissioners signed by the
owners of 50% or more of the owners of the frontage properties of
any area which shall be between two streets wherein a change of zoning
regulations is being sought.
(2)
Before voting on the enactment of an amendment, the Commissioners
shall hold a public hearing thereon pursuant to public notice. If
the proposed amendment involves a map change, notice of said public
hearing shall be conspicuously posted along the perimeter of the tract
at least one week prior to the hearing.
(3)
The Commissioners shall submit each proposed zoning amendment,
other than one prepared by the Planning Commission to the Planning
Commission at least 30 days prior to any hearing which is to be held
on the proposed amendment to provide the Planning Commission with
an opportunity to submit its recommendations prior to final action.
(4)
If, after any public hearing held upon an amendment, the proposed
amendment is revised or further revised to include land previously
not affected by it, the Commissioners shall hold another public hearing
as required by law pursuant to public notice before proceeding to
vote on the amendment.
(5)
As required by the Planning Code, a copy of any proposed zoning
amendment shall also be sent to the County Planning Commission at
least 30 days prior to any hearing on the proposed amendment in order
to provide the County Planning Commission an opportunity to submit
its recommendations prior to final action on the amendment.
(7)
Within 30 days after enactment, a copy of the amendment to this
chapter shall be forwarded to the Delaware County Planning Department.
C.
Applications for amendment. All applications for amendment to this
Zoning Ordinance which involve a Zoning Map change may be required
to submit any of the following impact studies, per the discretion
of the Commissioners, or any other information the Commissioners determine
necessary for them to render a decision on such application.
(1)
Transportation impact study. This written study will allow the
Township to assess the impact of a proposed amendment on the traffic
system. Its purpose is to ensure that the proposed amendment does
not adversely affect the traffic network and to identify any traffic
problems associated with access from the site onto the existing roads.
The study's purpose is also to delineate solutions to potential
problems and to present necessary improvements.
(2)
Fiscal impact study. This written study will provide an identification
of the economic and fiscal characteristics related to the proposed
amendment. The characteristics which shall be presented in narrative
form shall include a profile of the Township, county, and school district
revenues that the proposal may generate and the Township, county and
school district costs it may create.
(3)
Environmental impact assessment (EIA) report. This study will
provide a written assessment which objectively describes, analyzes
and documents both the beneficial and adverse effects of a proposed
amendment on the environmental, historic and cultural resources and
the measures to be undertaken to mitigate adverse effects in accordance
with the provisions set forth in the Ordinance and all other Township
ordinances. Specific emphasis shall be directed toward the proposed
amendment's effects on and relationship to the applicable site,
neighborhood (including areas in adjacent municipalities where applicable)
and Township-wide resources, conditions or characteristics. The EIA
report shall include text, tables, maps and analyses for the purpose
of describing the project site, proposed uses(s), environmental characteristics
and the environmental effects of the proposal, to the satisfaction
of the Township.
