Township of Upper Mount Bethel, PA Article VII Administration and Enforcement

§ 350-37 General procedure.

A. General sequence of steps.

(1) Persons desiring to undertake any new construction, structural alteration, or changes in the use of a building or lot shall apply to the Zoning Officer for a zoning permit by filling out the appropriate application form and by submitting the required fee. Where required, as set forth in Article IV, a site plan in accordance with Article VI shall also be submitted with and made a part of the application.

(2) Based on the applicable regulations of this chapter and, if required, after any required review by other officials, the Zoning Officer with either issue or refuse the zoning permit and the Zoning Officer will indicate in writing any conditions attached to the permit or the reason for any refusal. If refused a permit, the applicant may appeal to the Zoning Hearing Board for further consideration. After the zoning permit has been received by the applicant, he/she may proceed to obtain other necessary permits and undertake the action permitted by the zoning permit and by the other necessary permits, and upon completion of such action, shall apply to the Zoning Officer for an occupancy permit where such a permit is required. If the Zoning Officer finds that the action of the applicant has been taken in accordance with the zoning permit, he/she will then issue an occupancy permit allowing the premises to be occupied.

(3) Upon receipt of an application for a zoning permit, the Zoning Officer shall examine the application and supporting information to determine compliance with this chapter and other applicable Township ordinances, statutes and regulations. The Zoning Officer shall complete this examination within 20 days from the date the application, was filed with the Township and receipt of all required fees. The Zoning Officer shall determine if subdivision and/or land development approval and/or stormwater management plan approval has been obtained, if state sanitation inspection requirements have been met and, in the case of public buildings, the required permits have been issued by the Department of Labor and Industry. No zoning permit shall be issued unless the applicant presents the Zoning Officer with proof that any applicable subdivision and/or land development approval has been granted, a sewage permit has been issued by the Township Sewage Enforcement Officer for the lot, a driveway permit or a highway occupancy permit issued by the Department of Transportation of the Commonwealth of Pennsylvania has been issued in order that access may be gained to the lot, and all other required Township approvals and permits have been granted or issued. The Zoning Officer shall mark the application as either approved or disapproved and shall return one copy of the application to the applicant. The other copy shall be retained by the Zoning Officer for the Township files.

B. Zoning permit types. Under the terms of this chapter, the following classes of zoning permits may be issued:

(1) Permitted uses. A zoning permit for a permitted use may be issued by the Zoning Officer on his/her own authority.

(2) Special exception use. A zoning permit for a special exception use may be issued by the Zoning Officer upon the order of the Zoning Hearing Board, after a hearing, and after any Planning Commission review requested by the Zoning Hearing Board as per § 350-40C(1)(h) or 350-40E.

[Amended 4-27-2009 by Ord. No. 2009-07]

(3) Conditional use. A zoning permit for a conditional use may be issued by the Zoning Officer upon the order of the Supervisors, after a hearing, and after receipt of a recommendation from the Planning Commission.

(4) Zoning permit after an appeal or a request for a variance. A zoning permit may be issued by the Zoning Officer upon the order of the Zoning Hearing Board and after a hearing held by the Board for the purpose of deciding upon the appeal or a request for a variance.

(5) Temporary use permits. Zoning permit for a temporary use may be issued by the Zoning Officer or the Zoning Hearing Board as required by any of the provisions of this chapter.

§ 350-38 Zoning and occupancy permits and certificates.

A. Applications to Zoning Officer.

(1) All applications for zoning permits for permitted, special exception or conditional uses, for occupancy permits, for certificates of nonconforming use, for variances, and for interpretations of any fact or provision of this chapter shall be made directly to the Zoning Officer. Such applications shall be in writing and shall include a plot plan drawn to scale showing the location and dimensions of the lot area and of the proposed uses of buildings and/or land and any other information required by this chapter.

(2) All applications for special exception or conditional or other uses which are subject to site plan review, as set forth in Article VI, shall also include the information required therein.

(3) The Zoning Officer, Zoning Hearing Board or the Supervisors may require any additional information deemed necessary to properly evaluate the application for the purpose of determining its conformity with this chapter.

B. Applications to Zoning Hearing Board. All appeals where it is alleged that the Zoning Officer has made an error shall be filed directly with the Township Secretary and/or Solicitor of the Zoning Hearing Board. Such appeals shall be in writing and shall explain fully the facts and particulars of the case and shall clearly state the reasons and provisions of this chapter on which the appeal is based.

C. Zoning permits. A zoning permit shall be obtained from the Zoning Officer for the following purposes:

(1) For any erection, construction, alteration, extension, replacement, relocation, or conversion of any building or structure or the commencement of excavation for construction of any building or structure, or for any activities affecting the use of the land, or site which are regulated by this chapter.

(2) For the change in use of any building, structure, sign and/or land. No zoning permit shall be required for repairs to or maintenance of any building, structure or land, provided such repairs do not change the use, alter the exterior dimension of the building or structure, or otherwise violate the provisions of this chapter or any other applicable Township ordinance or applicable statute or regulation.

(a) Zoning permits shall be issued in duplicate and one copy shall be kept conspicuously on the premises. No person shall make any change in land use or perform the actions described herein unless a zoning permit is being displayed.

(b) Permits granted for uses of a temporary or seasonal nature may be limited to the appropriate length of time. The Zoning Officer, the Zoning Hearing Board or the Supervisors may revoke a zoning permit at any time if it appears that the application is in any respect false or misleading or that work being done upon the premises differs materially from that called for in the application.

(c) No zoning permit shall be issued by the Zoning Officer for any special exception or variance or appeal, except on written order of the Zoning Hearing Board and no zoning permit for a conditional use shall be issued by the Zoning Officer except on written order of the Supervisors or for any proposed construction, alteration or use that would be in violation of any provision of this chapter. Unless there has been substantial progress in the work for which a zoning permit was issued, as determined by the Zoning Officer, said permit shall expire one year from the date of issue, except that the Zoning Officer may grant a request for a reasonable extension of time, not to exceed one year, without payment of an additional application fee.

(d) The Zoning Officer shall revoke a permit or approval issued under the provisions of this chapter in the case of any false statement or misrepresentation of fact in the application or on the plans on which the permit or approval was based or if the permit has issued in error or if work is not undertaken in accordance with the permit or for any other proper cause. Permit holders shall proceed with work at their own risk and subject to the rights of aggrieved parties to appeal the issuance of the zoning permit as authorized by the PA Municipalities Planning Code.[1]

[1] Editor's Note: Original Sec. 7.204, Occupancy permits, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

D. Certificate of nonconforming use.

(1) The registration of an existing nonconforming use and/or structure may be requested by the owner of the property where such a use or structure is located. Upon application by such an owner, the Zoning Officer shall inspect and register the nonconforming uses and/or nonconforming structures on the property.

(2) The owner of the premises occupied by the lawful nonconforming use or structure will then be issued a certificate of nonconforming use from the Zoning Officer. Such certificate shall be for the purpose of certifying to the owner his right to continue such nonconforming use or structure in accordance with the requirements of Article VI.

§ 350-39 Zoning Officer.

A. Appointment of Zoning Officer. This chapter shall be enforced by the Zoning Officer who shall be appointed by the Supervisors. Said Zoning Officer shall not hold any elective office in the municipality. The Zoning Officer shall meet the qualifications established by the municipality and shall be able to demonstrate to the satisfaction of the Supervisors a working knowledge of municipal zoning and the zoning requirements set forth in the PA Municipalities Planning Code.[1]

[1] Editor's Note: See 53 P.S. § 10101 et seq.

B. Duties and powers.

(1) The Zoning Officer shall administer this chapter in accordance with its literal terms and shall not have the power to permit any construction or any use or change of use which does not conform to this chapter.

(2) The Zoning Officer is hereby authorized to institute civil enforcement proceedings as a means of enforcement when acting within the scope of his employment.

(3) The Zoning Officer shall receive and examine all applications required under the terms of this chapter and shall issue or refuse permits within 20 days of the receipt of the application or where applicable shall refer said application within 20 days to the Zoning Hearing Board, Supervisors and/or Planning Commission. The Zoning Officer shall issue a written notice of violation to any person, firm or corporation violating any provisions of this chapter. He shall keep records of applications, of permits, or certificates issued, of variances granted, of inspections made, of reports rendered and of notice or orders issued and, where applicable in accordance with § 350-38E, shall identify and register nonconforming uses and structures and shall make all inspections required to determine conformance with this chapter and perform all other duties as called for in this chapter.

(4) The Zoning Officer is specifically authorized to enter any property or building for the purpose of investigation and enforcement of any of the provisions of this chapter and may be authorized by the Supervisors to institute civil enforcement proceedings as a means of enforcement when acting within the scope of his/her employment. The owner or representative of the private property shall make the building available for a complete inspection by the Zoning Officer. This shall include inspection of the entry premises and the owner shall demonstrate that all required utilities, including electricity, lighting, heating, plumbing, etc., are operating as required. Failure to provide access and entrance to the Zoning Officer shall constitute a violation of this chapter subject to the penalty provisions of § 350-45.

§ 350-40 Zoning Hearing Board.

A. Section 350-40A of the Township's Zoning Ordinance is hereby amended and the membership of the Upper Mount Bethel Township Zoning Hearing Board shall be as follows:

[Amended 9-12-2005 by Ord. No. 2005-03]

(1) The present three-member Zoning Hearing Board of Upper Mount Bethel Township (hereinafter referred to as "the Board") shall increase to a five-member Board.

(2) The terms of office of the five-member Board shall be five years and shall so be fixed that the term of office of one member of the five-member Board shall expire each year.

(3) The members of the Board shall be five residents of the municipality appointed by resolution by the Board of Supervisors to serve for terms as prescribed herein.[1]

[1] Editor's Note: Original Sec. 7.401(d), regarding the names of the members of the Zoning Hearing Board, and (e), regarding the expiration of the terms of the two newly added members of the board, which immediately followed this subsection, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(4) Any appointments to fill vacancies shall be only for the unexpired portion of the term.

(5) Members of the Board shall hold no other elected or appointed office in the municipality nor shall any member of the Board be an employee of the municipality.

(6) Board members shall each be paid as set forth by resolution adopted by the Township Board of Supervisors.

(7) The Board of Supervisors may also appoint one to three additional members of the Board to act as alternate members. The term of office of an alternate member shall be three years. Alternates shall hold no other elected or appointed office in the municipality, including service as a member of the Planning Commission or as a Zoning Officer, nor shall any alternate be an employee of the municipality. Alternate members shall serve as outlined in the Pennsylvania Municipalities Planning Code, 53 P.S. § 10903(b).

B. Organization of Board. The Zoning Hearing Board shall elect officers and conduct any hearings and take any actions required by this chapter and may make rules and forms for its procedure.

C. Board functions.

(1) The Zoning Hearing Board shall conduct its business in accordance with Article IX of the Municipalities Planning Code[2] and shall be responsible for the following:

(a) To hear and decide appeals against any alleged errors or actions of the Zoning Officer, in accordance with the requirements of Section 909.1 of the Municipalities Planning Code, 53 P.S. § 10909.1.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(b) To hear and decide all requests for the interpretation of any fact or provision of this chapter. Interpretations of any provision of this chapter, including definitions and all other requirements herein shall include, but not be limited to the following considerations:

[1] The minimum requirements for the promotion of the health, safety, morals and general welfare.

[2] The implementation of the Communities Development Objectives incorporated herein as Attachment A.[3]

[3] Editor's Note: Said attachment is on file in the Township offices.

[3] The meaning of any language, word or definitions enacted by the Supervisors contained in this chapter.

[4] The boundary of any zoning district where uncertainty exists as shown on the Official Zoning Map enacted by the Supervisors.

(c) The Zoning Hearing Board may determine that a use proposed for location in any zoning district may or may not be similar to other uses permitted in a specific use class or use class subcategory as defined herein. Therefore, in such a case it may or may not be permitted as a similar use in that use class. Such a determination shall be based on the following criteria:

[1] That this use is similar to and/or compatible with other uses permitted in the district.

[2] That the use does not adversely effect or create nuisances for adjoining residential areas.

[3] That this use does not generate traffic loads, congestion or excessive parking requirements in the district which would be detrimental to other uses in the district.

[4] That the use does not detract from or substantially differ from or exhibit any influences, emissions or glare which are detrimental to the health, safety, welfare or morals of other persons residing in or undertaking uses or other activities in the area.

(d) To hear and decide all requests for variances consistent with the requirements of the PA Municipalities Planning Code and § 350-41.

(e) To hear and decide all requests for special exceptions in accordance with the standards and criteria set forth in this chapter. Unless otherwise specified by the Board or by law, a special exception shall expire if the applicant fails to obtain a zoning permit within six months from the date of authorization thereof by the Board or by the court if such special exception has been granted after an appeal or fails to complete any erection, construction, reconstruction, alteration or change in use authorized by the special exception approval within two years from the date of authorization thereof by the Board or by the court if such special exception has been granted after an appeal. The Board, upon written application and for reasonable cause shown, may extend the approval for an additional period of up to one year.

(f) To hear and decide substantive challenges to the validity of any land use ordinance, except those brought before the governing body pursuant to 53 P.S. §§ 10609.1 and 10916.1(a)(2).

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(g) The preparation and submission of a report of its activities to the Supervisors once a year.

(h) To hear and render final adjudications in any other matter for which the Board shall have been granted jurisdiction by Article IX of the Municipalities Planning Code.

[2] Editor's Note: See 53 P.S. § 10901 et seq.

(2) All findings and decisions of the Board shall be in writing and shall be rendered within 45 days after the last hearing before the Zoning Hearing Board and if the Board fails to render such a decision, then the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing to an extension of time.

(3) The Board shall perform such other duties as may be provided or made necessary by this chapter, or by State Act No. 247 of 1968, P.L. 805, as reenacted and amended,[4] including the interpretation of zoning boundaries, the holding of hearings after proper notice, the referral of any pertinent matter to the Planning Commission for review and recommendations. The Board shall keep a full public record and a summary of the facts in cases over which it has jurisdiction and shall maintain adequate records on its findings and decisions.

[4] Editor's Note: See 53 P.S. § 10101 et seq.

D. Notice of hearings.

(1) Written notice of all hearings of the Zoning Hearing Board shall be given by the Zoning Officer to the adjoining property owners as described below, the applicant, the property owner, the Planning Commission, the Supervisors and such other persons who have made a timely request for such notice. Public notice shall also be given in accordance with the definition for public notice set forth in Article II. Notice to adjoining property owners shall be prepared by and mailed by the Zoning Officer in the mode of first-class mail, postage prepaid, to all adjoining property owners ("adjoining property owners" shall be defined as those owning property within 200 feet of the tract to be developed and measured from the outside boundaries of the tract to be developed) as shown on the then existing Northampton County Tax Assessment Maps. The mailing address(es) of the adjoining owners shall be the mailing address(es) as noted in the then existing Northampton County tax assessment records. This notice shall be mailed by the Zoning Officer at least 10 calendar days prior to the Zoning Hearing Board meeting where the variance or other request is to be presented for consideration. Further, the Zoning Officer must file with the Township a written certificate of service prior to said Zoning Hearing Board meeting. Said certificate shall include a copy of the written notice that was mailed, the date of mailing (evidenced by an attached and completed and stamped U.S. Postal Service Certificate of Mailing for each adjoining property owner to whom notice so mailed), a separate listing of all names and addresses of adjoining property owners to whom the notice was mailed and a statement (under oath or unsworn verification) that the Zoning Officer has complied with all of the terms, provisions and conditions of these written notice sections. However, an inadvertent failure to follow these notification procedures or the failure of any property owner to receive said notice shall not invalidate any of the proceedings of the Zoning Hearing Board or otherwise affect the Zoning Hearing Board's findings, conclusions and/or decision.

[Amended 4-27-2009 by Ord. No. 2009-07]

(2) In addition, written notice of said hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing.

E. Referral to Planning Commission. The Zoning Hearing Board may refer to the Planning Commission all applications for special exceptions, requests for curative amendments and any other applications or appeals which, in the opinion of the Zoning Hearing Board, should be reviewed by the Planning Commission. In its review, the Planning Commission shall determine compliance with the standards and criteria set forth in this chapter, and in all cases shall report in writing its findings and recommendations to the Zoning Hearing Board. If such report is not received by the Zoning Hearing Board within said time period necessary for the Zoning Hearing Board to take official action, the Zoning Hearing Board may, nevertheless, proceed to final action on the case.

[Amended 4-27-2009 by Ord. No. 2009-07]

§ 350-41 Variances.

A. Board may authorize variances. The Zoning Hearing Board shall hear requests for variances where it is alleged that the provisions of this chapter inflict unnecessary hardship upon the applicant. The Board may grant a variance provided that all of the following findings are made where relevant in a given case:

(1) That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape or exceptional topographical or other physical conditions peculiar to the particular property, and that the unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of this chapter in the neighborhood or district in which the property is located;

(2) That because of such physical circumstances or conditions there is no possibility that the property can be developed in strict conformity with the provisions of this chapter and that the authorization of a variance is therefore necessary to enable the reasonable use of the property;

(3) That such unnecessary hardship has not been created by the appellant;

(4) That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare; and

(5) That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.

B. In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter.

C. Unless otherwise specified by the Board or by law, a variance shall expire if the applicant fails to obtain a zoning permit within 12 months from the date of authorization thereof by the Board or by the court if such variance has been granted after an appeal or fails to complete any erection, construction, reconstruction, alteration or change in use authorized by the variance approval within two years from the date of authorization thereof by the Board or by the court if such variance has been granted after an appeal. The Board, upon written application and for reasonable cause shown, may extend the approval for an additional period of up to one year.

§ 350-42 Township Supervisors.

A. Function of Township Supervisors.

(1) The Supervisors will be responsible for the following:

(a) To hear and decide all requests for conditional uses after a public hearing and after review and/or receipt of a recommendation from the Planning Commission in accordance with the standards and criteria set forth in this chapter.

(b) To hear and decide all requests for recommendations for amendments submitted to the municipality by the Planning Commission or any other applicant for an amendment as set forth herein and as may be provided for in accordance with the requirements of the Pennsylvania Municipalities Planning Code State Act of 1968, P.L. 805, No. 247, as reenacted and amended.[1]

[1] Editor's Note: See 53 P.S. § 10101 et seq.

(2) All findings and decisions of the Supervisors shall be in writing and shall be rendered within 45 days after the last hearing before the Supervisors and if the Supervisors fail to render such a decision, then the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing to an extension of time.

(3) The Supervisors shall perform such other duties as may be provided or made necessary by this chapter, or by Pennsylvania Municipalities Code, as amended, including the holding of hearings after proper notice and the referral of any pertinent matter to the Planning Commission for review and recommendations. The Supervisors shall keep a full public record and a summary of the facts in cases over which it has jurisdiction and shall maintain adequate records on its findings and decisions.

B. Notice of hearings.

(1) Notice of all hearings of the Supervisors shall be given to the public, the applicant, the Zoning Officer, the Planning Commission, the Zoning Hearing Board and such other persons who have made a timely request for such notice. Such notice shall be given in accordance with the term public notice as defined in Article II.

(2) In addition, written notice of said hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing.

C. Referral to Planning Commission. The Supervisors may refer to the Planning Commission all applications for conditional uses, requests for curative amendments and any other applications or appeals which, in the opinion of the Supervisors, should be reviewed by the Planning Commission. In its review, the Planning Commission shall, in the case of conditional uses, determine compliance with the standards and criteria set forth in this chapter, and in all cases may report in writing its findings and recommendations to the Supervisors within 14 days.

[Amended 4-27-2009 by Ord. No. 2009-07]

§ 350-43 Hearings.

A. Public notice. Public notice, as defined in Article II, is required for any hearings to be held by the Zoning Hearing Board, or the Supervisors shall be given as described in §§ 350-40D and 350-42 above.

B. Date of hearing. The hearing shall be held within 60 days from the date of the applicant's request, unless the applicant has agreed in writing to an extension of time.

C. Conduct of hearings. All hearings shall be conducted in accordance with the following:

(1) The parties to the hearing shall be the Board of Supervisors, any party who called for the hearing, persons affected by the application who has made timely appearance of record, and any other person including civic or community organizations permitted to appear by the Board or by Supervisors.

(2) The Board or Supervisors shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by the parties.

(3) The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on all relevant issues.

(4) Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded.

(5) The Board, Supervisors, or the Hearing Officer, as the case may be, shall keep a stenographic record of the proceedings.

(6) The Board, Supervisors, or the Hearing Officer shall not communicate, directly or indirectly, with any party or his representatives in connection with any issue involved except upon notice and opportunity for all parties to participate, shall not take notice of any communication, reports, staff memoranda, or other materials, except advice from their solicitor, unless the parties are afforded an opportunity to contest the material so noticed and shall not inspect the site or its surroundings after the commencement of hearings with any party or his representative unless all parties are given an opportunity to be present.

(7) The Board, Supervisors, or the Hearing Officer, as the case may be, shall render a written decision or, when no decision is called for, make written findings on the application within 45 days after the last hearing before the Board, Supervisors or Hearing Officer. Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon together with the reasons therefor. Conclusions based on any provisions of this chapter or of any law, ordinance, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found. Where the Board, Supervisors or the Hearing Officer, as the case may be, fails to render the decision within the period required by this subsection, or fails to hold the required hearing within 60 days from the date of the applicant's request for a hearing, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time.

(8) A copy of the final decision or, where no decision is called for, of the findings shall be delivered to the applicant personally or mailed to him/her no later than the day following the date of the decision. To all other persons who have filed their name and address with the Board or Supervisors not later than the last day of the hearing, a brief notice of the decision or findings and a statement of the place at which the full decision or findings may be examined shall be mailed.

§ 350-44 Amendments.

A. Procedure.

(1) The Supervisors may, on its own motion or by petition, amend, supplement, change, modify or repeal this chapter, including the Zoning Map. Before voting on the enactment of an amendment, the Supervisors shall hold a public hearing thereon, pursuant to public notice as required by State Act of 1968, P.L. 805, No. 247 (53 P.S. § 10101 et seq.), as reenacted and amended, and pursuant to mailed notice and electronic notice if applicable per 53 P.S. § 10109.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(2) Any landowner, or the Township itself may propose and prepare a curative amendment, as defined in Article II, to this chapter for consideration by the Supervisors in accordance with the procedures set forth in the Pennsylvania Municipalities Planning Code, Act of 1968, P.L. 805, No. 247, as reenacted and amended.

(3) In the case of an amendment other than that prepared by the Planning Commission, the Supervisors shall submit each amendment to the Planning Commission at least 30 days prior to the hearing on such proposed amendment. In all cases, the Supervisors shall also submit any proposed amendment to the Lehigh Valley Planning Commission at least 30 days prior to the public hearing on such proposed amendment. Said submittals shall provide said planning agency an opportunity to submit recommendations.

(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 Supervisors shall hold another public hearing, pursuant to public notice, and mailed notice and electronic notice, if applicable, before proceeding to vote on the amendment. At all public hearings, full opportunity to be heard shall be given to any citizen and all parties in interest.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(5) Within 30 days after enactment, a copy of the amendment to this chapter shall be forwarded to the Lehigh Valley Planning Commission.

§ 350-45 Appeals; violations and penalties.

A. Appeals. Appeals may be filed with the Zoning Hearing Board not later than 30 days after the date of the action which is being appealed has been made, in accordance with the procedures set forth in the Pennsylvania Municipalities Code, Act of 1968, P.L. 805, No. 247, as reenacted and amended.

B. Violations. The construction, excavation, alteration, maintenance or use of any structure, building, sign, land or landscaping or the change of use, area of use, percentage of use or displacement of the use of any structure, building, sign, land or landscaping without first obtaining a zoning permit; or the use of any building, structure or land without receipt of a certificate of use and occupancy; or the use or maintenance of any building, structure, sign or land for a use or in a manner which is not in accordance with the provisions of this chapter; or the use of property for the use different from that set forth in any zoning permit of certificate of use and occupancy which has been granted for the property without applying for and being granted a zoning permit and certificate of use and occupancy for such new or different use; or the failure to comply with any other provisions of this chapter; or the violation of any conditions imposed upon the grant of a special exception or variance by the Zoning Hearing Board or a conditional use by the Board of Supervisors, or by a court of competent jurisdiction if a special exception, variance or conditional use is granted by such court, are hereby declared to be violations of this chapter.

C. Enforcement notice.

(1) If it appears to the Supervisors that a violation of this chapter has occurred, the Township shall initiate enforcement proceedings by sending an enforcement notice as provided in this chapter.

(2) The enforcement notice shall be sent 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 enforcement notices regarding that parcel, and to any other person so requested in writing by the owner of record.

(3) An enforcement notice shall state at least the following:

(a) The name of the owner of record and any other person against whom the Township intends to take action.

(b) The location of the property in violation.

(c) The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of this chapter.

(d) The date before which the steps for compliance must be commenced and the date before which the steps must be completed.

(e) That the recipient of the notice has the right to appeal to the Zoning Hearing Board within a period of 10 days.

(f) That failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation, with possible sanctions clearly described.

D. Causes of action. In case any building, structure, landscaping or land is, or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained or used in violation of this chapter, the Supervisors or, with the approval of the Supervisors, an officer of the Township, or any aggrieved owner or tenant of real property who shows that his property or person will be substantially affected by the alleged violation, in addition to other remedies, may institute any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure, landscaping or land, or to prevent, in or about such premises, any act, conduct, business or use constituting a violation. When any such action is instituted by a landowner or tenant, notice of that action shall be served upon the Township at least 30 days prior to the time the action is begun by serving a copy of the complaint on the Supervisors. No such action may be maintained until such notice has been given.

E. Enforcement remedies.

(1) Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $500 plus all court costs, including reasonable attorneys' fees incurred by the Township as a result thereof.

(a) No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the Magisterial District Judge determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating this chapter to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the Magisterial District Judge and thereafter each day that a violation continues shall constitute a separate violation.

(b) All judgments, costs and reasonable attorneys' fees collected for the violation of this chapter shall be paid over to the Township.

(2) The Northampton County Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment.

(3) Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the Township the right to commence any action for enforcement pursuant to this section.

§ 350-46 Filing fees.

Filing fees for the review and processing of applications for zoning permits, occupancy permits, requests for variances, amendments or appeals, certificate for registration of nonconforming uses, and other related matters to determine compliance with this chapter shall be adopted by a resolution of the Township Supervisors and made available to the public. Such fees may be amended annually to reflect any changes in the cost of administering this chapter.

§ 350-47 Adoption.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Adopted by the Board of Supervisors of Upper Mount Bethel Township, Northampton County, Pennsylvania, this 15th day of March, 2004.