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.
B. Keep a public record of these applications, including:
(1) All relevant plans and information submitted therewith.
(2) Permits issued in their regard.
(3) Any special conditions attached thereto.
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.
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]
An appeal from the decision of the Zoning Officer shall be made within 30 days of the date of said decision by the Zoning Officer and in accordance with the procedures described in Article
VI, §
500-605, herein.
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.