In expansion of, and in addition to, the declaration of legislative intent and statement of community objectives found in Article I, §§ 285-2 and 285-3, of this chapter, it is the intent of this article to promote the public health, safety, morals and general welfare of the Township inhabitants by providing specific duties and responsibilities of the Zoning Officer in the issuance of building and occupancy permits, and the procedures for obtaining the same, as contained in this article.
The provisions of this chapter shall be administered
and enforced by a Zoning Officer.
A.
The Board of Supervisors shall annually appoint to
a one year term a Zoning Officer who shall meet qualifications established
by the Board of Supervisors and demonstrate a working knowledge of
municipal zoning. The Zoning Officer may succeed himself.
B.
The Zoning Officer shall receive compensation as determined
by resolution of the Board of Supervisors.
C.
The Zoning Officer shall make reports to the Board
of Supervisors as the may require.
[Amended 8-13-1998 by Ord. No. 98-4]
The Zoning Officer shall not have the power
to permit any activity which does not conform to the provisions of
this chapter. The Zoning Officer shall have the authority to perform
the following responsibilities:
A.
Receive all applications for building permits and
use and occupancy permits.
C.
Review applications for zoning permits for erection
or alteration of structures or changes in use, determine whether such
construction or use is in accordance with the general requirements
of this chapter, all other applicable ordinances and with the laws
and regulations of the commonwealth.
D.
Issue permits only in response to those applications
which are in compliance with this chapter, all other applicable ordinances,
and the laws and regulations of the Commonwealth of Pennsylvania which.
(1)
When the Zoning Hearing Board grants a special exception
or variance, the application shall be considered in compliance with
this chapter for the purpose of issuing permits; the Zoning Hearing
Board shall be made a part of the public record of these applications.
(2)
When the Board of Supervisors grants a conditional
use, the application shall be considered in compliance with this chapter
for the purpose of issuing permits; the Board of Supervisors action
shall be made a part of the public record of these applications.
(3)
The Zoning Officer shall issue permits in regard to
such applications only upon receipt of written evidence from the Zoning
Hearing Board attesting to the granting of the special exception or
variance, or from the Board of Supervisors confirming the approval
of a conditional use application.
E.
Enlist the assistance of other municipal agents and
agencies in performing these responsibilities.
F.
Conduct inspections and surveys to determine compliance
or noncompliance with the terms of this chapter. In carrying out such
surveys, the Zoning Officer or his/her representative may enter upon
land or buildings, within the limits of the law.
G.
Make written orders requiring compliance with the
provisions of this chapter to be served personally or by certified
mail. Issue any cease and desist orders for violations, as directed
by the Board of Supervisors.
H.
Institute proceedings in courts of proper jurisdiction
for the enforcement of provisions of this chapter, at the direction
of the Board of Supervisors.
I.
Have available a map showing the current zoning classification
of all land.
J.
Maintain a record of the identity, location and type
of uses, including structures, lots and signs, assigned nonconforming
status, as well as documentation of the evidence and reasoning that
led to the assignment of nonconforming status.
K.
Participate in proceedings before the Zoning Hearing
Board, either at the request of the Board of Supervisors as a representative
of the Township, or at the request of the Zoning Hearing Board as
a sworn witness presenting facts and information.
L.
Perform any other duties as directed by the Board
of Supervisors.
B.
A use and occupancy permit shall be required for:
(1)
Use and occupancy of any new construction, or any
new alteration or addition to an existing structure, whether or not
a building permit is required.
(2)
Change in use of all or any part of any building or
structure, whether or not the change involves physical alteration
to the building or structure.
(3)
Use of land or change in the use of land, except that
the placing of vacant land into agricultural or forestry uses shall
not require a use and occupancy permit.
(4)
Change in use of a nonconforming use.
(5)
Change of occupancy in any commercial or industrial
establishments. All new occupants of buildings shall be required to
apply for and obtain a use and occupancy permit.
C.
It shall be a violation of this chapter for any person
to use or occupy any building, structure or land until a use and occupancy
permit has been issued.
A.
Applications. Applications for building permits and
for use and occupancy permits shall be made in writing by the owner
or authorized agent, and shall be filed with the Zoning Officer on
forms obtained from him. The Zoning Officer shall require with the
application some or all of the following depending whether the permit
is for alteration or development of a previously undeveloped property:
(1)
A statement as to the proposed use of the building.
(2)
A plan, drawn to scale, showing the location of the
building in relation to property and right-of-way lines.
(3)
A statement that the property and right-of-way lines
shown on the plan have been located and staked on the premises by
a surveyor or other person competent to give such location.
(4)
The name and address of the person who has so located
and stake the lines.
(5)
A copy of the decision of the Zoning Hearing Board
granting any special exception or various required for the proposed
use or building.
(6)
Other specific information relevant to making a decision
regarding the permit.
B.
Completion of construction. Upon completion of the
construction, addition to, or alteration of any building or structure
authorized by any building permit obtained in compliance with this
chapter, and prior to use or occupancy, the holder of such permit
shall notify the Zoning Officer of such completion. Use and occupancy
shall not be authorized until the Zoning Officer has certified that
the work has been inspected and approved as being in conformity with
this and other applicable ordinances, and the permit fee has been
paid.
C.
Temporary use and occupancy. Pending completion of
a building or alterations thereto, a temporary use and occupancy permit
may be issued with limits and conditions as established by the Zoning
Officer for a temporary occupancy of a part or all of a building,
provided that such temporary occupancy would not lend in any way to
jeopardize life or property.
D.
No implied warrant. Issuance of a use and occupancy
permit, or temporary use and occupancy permit, shall in no way be
construed to warrant in any way the workmanship, safety or quality
of the structure or building materials used to construct the said
structure or alterations thereto.
If the Zoning Officer determines that an application
is in compliance with the provisions of this chapter, it shall be
his duty to issue the appropriate permit; and if he determines that
an application is not in compliance with the provisions of this chapter,
it shall be his duty to refuse the permit, in which case he shall
instruct the applicant in the method, as hereinafter set forth, of
appeal or application to the Zoning Hearing Board.
An appeal from the decision of the Zoning Officer
shall be made within 30 days, according to the procedures described
herein.
Permits shall expire six months after the date
of issuance unless the permittee shall have commenced substantial
construction or utilization of the property which is the subject of
the permit in accordance with the intent thereof.
It shall be the duty of the Zoning Officer to
take cognizance of violations of this chapter. He shall investigate
each violations which come to his attention whether by observation
or communication by any person or agency. He shall order in writing
the correction of such conditions as are found to be in violation
of this chapter.
An 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 requested in writing
by the owner of record. The notice of enforcement shall include:
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
that have not been met, citing in each instance the applicable provisions
of this chapter.
D.
The date on which expires the period in which compliance
with this chapter is to be achieved.
E.
A statement describing the recipient's right to appeal
to the Zoning Hearing Board within 30 days of receipt of the notice.
F.
A statement 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.
A.
If a violation is not corrected within the period
specified by the enforcement notice, it shall be the duty of the Zoning
Officer to notify the Board of Supervisors, who shall take necessary
action to correct the violation, which action may include initiation
of a civil enforcement proceeding.
B.
Where, in the opinion of the Zoning Officer, a violation
presents peril to life or property, the Zoning Officer may recommend
to the Board of Supervisors immediate initiation of a civil enforcement
proceeding.
A.
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 therefore in a civil enforcement
proceeding commenced by the Township, pay a judgment of not more than
$500 plus all court courts, including reasonable attorney fees incurred
by the Township as a result thereof. Each day that a violation continues
shall constitute a separate violation.
B.
Causes of action. An aggrieved owner or tenant of
real property who shows that his property or person will be substantially
affected by an alleged violation of this chapter, may institute any
appropriate action or proceeding to prevent, restrain, correct or
abate the violation.
The fees for permits, applications for special
exceptions, applications for variances, Zoning Hearing Board certificates,
etc., and other charges associated with this chapter shall be fixed
in accordance with a fee schedule adopted by a resolution of Board
of Supervisors upon the enactment of this chapter and such schedule
may be amended from time to time by resolution of the Board of Supervisors.
