In expansion of the "declaration of legislative intent" and "statement of community development objectives" found in §§ 500-101 and 500-102 of Article I of this chapter, it is the intent of this article to promote the public health, safety and welfare by providing specific duties and responsibilities for 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 a
Zoning Officer who shall not hold any elective office in the Township
and is able to meet the qualifications established by the 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 it may require.
D.
The Board of Supervisors shall establish a fee schedule
by resolution.
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 these applications for compliance with the
literal terms of this chapter, all other applicable ordinances, and
the laws and regulations of the Commonwealth of Pennsylvania which
are relevant to the subject and intent of this chapter.
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
are relevant to the subject and intent of this chapter.
(1)
When the Zoning Hearing Board grants a favorable interpretation,
special exception or variance, the Hearing Board action 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 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 favorable interpretation,
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 representative may enter upon any
land or building.
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.
Maintain 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 or the Board of Supervisors, 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 fact and
information, to present facts and information to assist the Zoning
Hearing Board in reaching a decision which shall be compatible with
this chapter; and have decisions of the Zoning Hearing Board reviewed
in a court of proper jurisdiction when, in the judgment of the Zoning
Officer, such review is desirable or indicated.
L.
Issue building permits for subdivisions only after
receipt of a copy of the subdivision plan signed by the Township Supervisors
and Planning Commission and proof of payment of applicable fees.
B.
A use and occupancy permit shall be required for:
(1)
Use and occupancy of any building or other structure
hereafter erected or substantially altered, whether or not a building
permit is required. A permit is required but no permit fees or occupancy
fees shall be charged for farm buildings constructed or altered for
purposes limited to agricultural use of the tract.
(2)
Change in use 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 thereof, except that
the placing of vacant land under cultivation shall not require a use
and occupancy permit.
(4)
Change in use of a nonconforming use.
(5)
Whenever there is a change of occupancy or ownership
of any nonresidential structure within Upper Hanover Township, all
new occupants of buildings shall be required to apply for and obtain
a use and occupancy permit.
[Amended 3-10-2015 by Ord. No. 2015-04]
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 duly issued.
A.
All applications for use and occupancy permits shall
be made in writing by the owner or tenants or authorized agent and
shall be filed with the Zoning Officer on forms prescribed by him.
The Zoning Officer shall require with the application some or all
of the following, depending on 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 road right-of-way lines.
(3)
A statement that the property and setback 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 staked the lines.
(5)
A copy of the application to or the decision of the
Zoning Hearing Board granting any favorable interpretation, special
exception, or variance or the Board of Supervisors granting a conditional
use for the proposed use or building.
(6)
Payment of the application fee in accordance with
the fee schedule adopted by resolution of the Board of Supervisors.
A.
Upon completion of the erection, addition to or alteration
of any building, structure or portion thereof authorized by any building
permit obtained in compliance with the Upper Hanover Township Building
Code, and prior to use and occupancy, the holder of such permit shall
notify the Zoning Officer of such completion. No use and occupancy
permit shall be issued until the Zoning Officer has certified that
the proposed use complies with all the provisions of this chapter.
B.
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 jeopardize life or property.
C.
Issuance of a use and occupancy permit or a 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.
The said use and occupancy permit is issued only for administrative
purposes in promoting the general health, safety, morals, welfare
and orderly development of the community.[1]
[1]
Editor's Note: Former Subsections D, regarding the annual
filing of a rental registration requirement, and E, regarding the
penalties for failure to register, as amended, were both repealed 1-16-2023 by Ord. No. 2023-01.
If the Zoning Officer determines that an application
is in compliance with the provisions of the 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 the 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 to appeal
the application to the Zoning Hearing Board.
[Amended 6-11-2002 by Ord. No. 02-12]
A permit issued under the authority of this
chapter shall expire six months after the date of issuance unless
the permittee shall, at the sole determination of the Zoning Officer,
have commenced substantial construction or utilization of the property
which is the subject of the permit in accordance with the intent thereof
within such period. The Zoning Officer may authorize a six-month extension
where, in his opinion, circumstances warrant an extension.
