A. 
Appointment. A Zoning Officer shall be appointed by the Township Supervisors to administer and enforce this chapter. Compensation of the Zoning Officer shall be established by the Supervisors. The Zoning Officer shall not hold any elective office in the Township.
B. 
Duties and powers. It shall be the duty of the Zoning Officer to enforce the provisions of this chapter and the amendments thereto and he shall have such duties and powers as are conferred on him by this chapter and as are reasonably implied for that purpose. The Zoning Officer's duties shall include, but are not limited to, the following:
(1) 
Receive applications for zoning and/or building and sign permits and issue zoning and/or building and sign permits as set forth in this chapter.
(2) 
Keep a record of all official business and activities, including complaints of a violation of any of the provisions of this chapter and of the subsequent action taken on each such complaint. All such records shall be open to public inspection. File copies of all applications received, permits issued and reports and inspections made in connection with any structure, building, sign and/or land shall be retained as long as the structures, etc., remain in existence.
(3) 
Make inspections as required to fulfill his duties. In doing so, however, he shall first seek the permission of the landowner or tenant, and in the event such permission cannot be voluntarily obtained, he shall have the right to take such other legal means as are authorized under the law.
(4) 
Issue permits for buildings, structures and land uses for which subdivision and land development approval is required only after all necessary approvals have been secured and plans recorded.
(5) 
Issue permits for uses requiring new or altered on-site sewage disposal facilities only after any necessary permit has been issued by the Township Sewage Enforcement Officer.
(6) 
Issue permits for special exception uses or for variances only after a special exception or variance has been approved by the Zoning Hearing Board in accordance with the regulations of this chapter. Issue permits for conditional uses only after a conditional use has been approved by the Township Supervisors.
(7) 
Issue permits for buildings requiring approval by the Pennsylvania Department of Labor and Industry only after such approval has been secured; issue permits for a use involving an access point requiring Pennsylvania Department of Transportation approval only after such approval has been secured.
(8) 
Be responsible for keeping this chapter and the Official Zoning Map up to date so as to include all amendments thereto.
(9) 
Issue certificates of use and occupancy in accordance with the terms of this chapter.
(10) 
Register identified nonconforming structures and uses created as a result of the adoption of this chapter and the Official Zoning Map or created as a result of amendments thereto.
(11) 
Submit a monthly report of his activities to the Township Supervisors and Township Planning Commission.
(12) 
Serve a notice of violation on any person, firm, corporation, partnership or other entity responsible for violating any of the provisions of this chapter or any amendment thereto or in violation of a statement or plan approved under this chapter. Notice of violation shall be in writing and served personally to or sent by certified mail to the entity in violation of this chapter. The notice shall indicate the nature of the violation and action necessary to correct the same. If the notice of violation is not complied with in the time period set forth in said notice, the Zoning Officer shall order the discontinuance of such unlawful use of the structure, building, sign and/or land involved in said violation.
A. 
Requirements. No building or structure, except temporary fences such as snow fences and fences around construction sites, shall be erected, constructed, assembled, extended, reconstructed, replaced, demolished, converted, moved, added or structurally altered nor shall land, buildings and structures be put to any use or have their use changed without a permit therefor issued by the Zoning Officer. No such permit shall be issued unless there is conformity with the provisions of this chapter, except upon written order from the Zoning Hearing Board in the form of a variance or upon order from any court of competent jurisdiction.
B. 
Application procedures. The application for a zoning and/or building permit shall be submitted to the Zoning Officer in writing on a form prescribed by the Zoning Officer. The application shall be submitted by the owner or lessee of any building, structure or land or the agent of either; provided, however, that if the application is made by a person other than the owner or lessee, it shall be accomplished by two sets of at least the following information:
(1) 
A map of the lot in question, drawn to scale, indicating the lot size and showing all dimensions of lot lines and the exact locations on the lot of all existing and proposed buildings, fences, signs, structures and alterations to buildings or structures.
(2) 
The use, height, length, width and proportion of the total lot area covered of all proposed and existing buildings, structures and additions or alterations to buildings or structures.
(3) 
A statement indicating the number of dwelling units and/or commercial or industrial establishments to be accommodated within existing and proposed buildings on the lot. In the case of commercial and industrial uses and home occupations, the floor area to be devoted to each use shall be indicated.
(4) 
The location, dimensions and design of parking and loading areas, including the size and arrangement of all spaces and means of ingress, egress and interior circulation, recreation areas, screens, buffer yards and landscaping, means of egress from and ingress to the lot, routes for pedestrian and vehicular traffic and outdoor lighting.
(5) 
The location of all utility lines, the method of proposed water supply and sewage disposal and the location of any on-lot facilities.
(6) 
All other information necessary for the Zoning Officer to determine conformance with and provide for enforcement of this chapter.
C. 
Approval or disapproval. Upon receipt of the application and all accompanying information, the Zoning Officer shall examine them to determine compliance with this chapter and all other Township ordinances. Within 35 days from the day he receives the application, the Zoning Officer shall either approve or disapprove the application and return one copy of the application and accompanying information containing the Zoning Officer's decision and signature to the applicant. The other copy shall be retained by the Zoning Officer. If disapproved, the Zoning Officer shall attach a statement to the application explaining the reasons therefor, indicating the manner in which the application could be corrected and/or modified to obtain approval and informing the applicant of his rights to appeal.
D. 
Issuance and posting of permit. Upon approval of the application by the Zoning Officer and the payment of the fees established from time to time by resolution of the Township Supervisors, the Zoning Officer shall issue a permit which shall be visibly posted on the site of operations during the entire time of construction. The permit shall expire one year from the date of approval of the application by the Zoning Officer, provided that it may be extended at the discretion of the Zoning Office for six-month periods not exceeding a total of one year. A zoning and/or building permit shall expire if the activity which is authorized by the permit is not begun, in the opinion of the Zoning Officer, within six months of issuance of the permit.
E. 
Rights of permit holders. The permit shall be a license to proceed with the work described on the approved application in accordance with all Township ordinances. The Zoning Officer shall revoke a permit or approval issued under the provisions of this chapter in case of any false statement or misrepresentation of fact in the application on which the permit or approval was based or for any other cause set forth in this chapter.
A. 
Requirements. It shall be unlawful to use and/or occupy any building, structure or land or portion thereof for which a zoning and/or building permit is required until a certificate of use and occupancy has been issued by the Zoning Officer. The Zoning Officer shall not issue a certificate of use and occupancy unless he has inspected such building, structure or land and has determined that all provisions of this chapter and other rules, regulations and ordinances of the Township have been complied with.
B. 
Issuance. Upon the receipt of notification that the work for which a zoning and/or building permit has been issued has been completed, the Zoning Officer shall inspect the premises within 10 days to determine that the work has been performed in accordance with the approved application and all ordinances of the Township. If he is satisfied that the work has been completed in accordance with the approved applications, he shall issue a certificate of use and occupancy to the permit holder for the use indicated on the approved application. A copy of the certificate of use and occupancy shall be retained by the Zoning Officer as part of the Township records. If he finds that the work has not been performed in accordance with the approved application, the Zoning Officer shall refuse to issue the certificate of use and occupancy and in writing give the reasons therefor and inform the permit holder of his right of appeal.
C. 
For uses for which performance standards are imposed by this chapter, no certificate of use and occupancy shall become permanent until 30 days after the use is in operation and only after, upon reinspection by the Zoning Officer, it is determined that the use is in compliance with all performance standards. After such reinspection, the Zoning Officer shall notify the applicant that the use is in compliance with the performance standards and that the certificate of use and occupancy is permanent or that the use is not in compliance and that the certificate of use and occupancy is permanent or that the use is not in compliance and that the certificate of use and occupancy will be revoked within 30 days of the notification if compliance with all performance standards is not secured.
D. 
Temporary certificate of use and occupancy. Upon request of the holder of a zoning and/or building permit, the Zoning Officer may issue a temporary certificate of use and occupancy for a building, structure, sign and/or land or portion thereof before the entire work covered by the permit shall have been completed. Such portions may be used and/or occupied prior to full completion of the work, provided that life and the public health, safety, morals and general welfare of the residents and inhabitants of the Township are not endangered.
E. 
The Zoning Officer may also issue a temporary certificate of use and occupancy for such temporary uses as tents, trailers and buildings on construction sites and for the use of land for religious and other public or semipublic purposes or other temporary use and/or occupancy upon order of the Township Supervisors. Such temporary certificate shall be for the period of time to be determined by the Township Supervisors at the time of application, but in no case shall any certificate, except those for uses on construction sites, be issued for more than six months.
The Township Supervisors shall establish, by resolution, a schedule of fees and charges of requests for zoning and/or building permits, certificates of use and occupancy, special exceptions, variances, amendments to this chapter and other matters pertaining to this chapter. A collection procedure shall also be established. Until all application fees and charges have been paid in full, no action shall be taken on any application or other matter.
[Amended 4-12-2000 by Ord. No. 186-2000]
A. 
The procedure for Zoning Ordinance amendments shall be in accordance with the provisions of the Pennsylvania Municipalities Planning Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B. 
Submission of Impact Statement. With a request for a zoning amendment initiated by other than the Board of Supervisors or Township Planning Commission, a statement indicating the impact of the zoning change on the Township shall be submitted with the application for rezoning. The statement shall compare the impact on the Township resulting from the existing zoning with the impact resulting from the proposed zoning, specifically discussing:
(1) 
Environmental Impact: the impact on wooded areas, floodplains, wetlands or areas of high water table, stormwater runoff, erosion and sedimentation, water quality, air quality, solid waste generation and noise levels.
(2) 
Traffic Impact: the impact on traffic generation per day and at peak hours, including numbers and routes expected to be used; an analysis of traffic capacities of adjacent roads and intersections and roads and intersections to be significantly affected by the zoning change.
(3) 
Services Impact: the demand for school, police, sanitary sewer, water, sanitation and road maintenance services.
(4) 
Fiscal Impact Analysis: the costs and revenues to the Township.
[1]
Editor's Note: Original Section 1906, Publication, advertisement and availability of ordinances, was intentionally omitted by Ord. No. 186-2000, adopted 4-12-2000.
A. 
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 as provided in this section.
B. 
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 requested in writing by the owner of record.
C. 
An enforcement notice shall state at least the following:
(1) 
The name of the owner of record and any other person against whom the Township intends to take action.
(2) 
The location of the property in violation.
(3) 
The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of this chapter.
(4) 
The date before which the steps for compliance must be commenced and the date before which the steps must be completed.
(5) 
That the recipient of the notice has the right to appeal to the Zoning Hearing Board within a prescribed period of time in accordance with procedures set forth in this chapter.
(6) 
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. 
Notice to owner. An enforcement notice shall be issued by the Zoning Officer and delivered to the owner of any property or his agent. Delivery shall be construed to include certified mail or posting on the property. A reasonable period of time as determined by the Township Zoning Officer may be permitted to allow for the required corrections.
E. 
Any person who shall continue in violation of any enforcement notice shall be in violation of this chapter and subject to the penalties provided within this chapter.
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 Township Supervisors or, with the approval of the Township 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 Township Supervisors of the Township. No such action may be maintained until such notice has been given.
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 therefor in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $500, plus all court costs, including reasonable attorney fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the District Justice. 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 District Justice 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 District Justice, and thereafter, each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney fees collected for the violation of this chapter shall be paid over to the Township.
B. 
The Court of Common Pleas, upon petition, may grant an order to stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment.
C. 
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.
A. 
Application. Four copies of an application for permission to conduct a use permitted by condition shall be submitted to the Township Secretary. Such application shall include all information specified for a zoning permit application in § 184-200 of this chapter and any other information necessary to allow the Township Supervisors to determine that all requirements of this chapter have been met.
B. 
Review.
[Amended 4-12-2000 by Ord. No. 186-2000]
(1) 
After receiving an application, the Supervisors shall refer one copy of the application to the Township Planning Commission for its review and one copy to the Township Zoning Officer for his review. The application shall be reviewed at one or more advertised meetings of the Township Supervisors.
(2) 
The Township Supervisors shall render a written decision or, when no decision is called for, make written findings on the conditional use application within 45 days after the last hearing before the Supervisors. Where the application is contested or denied, each decision shall be accompanied by findings of fact or conclusions based thereon, together with any reasons therefor. Conclusions based on any provisions of this chapter or of any 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.
(3) 
The granting of permission to conduct a use permitted by condition does not exempt an application from acquiring all approvals required by the Township's Subdivision and Land Development Ordinance.[1]
[1]
Editor's Note: See Ch. 154, Subdivision and Land Development.
C. 
Standards.
[Amended 4-12-2000 by Ord. No. 186-2000]
(1) 
Conditional uses shall meet the specific standard established for each use by this chapter and all other applicable zoning district requirements and general regulations[2] established by this chapter. In addition, the following standards shall be met:
(a) 
The use shall be one which is specifically authorized as a conditional use in the zoning district wherein the applicant is seeking a conditional use.
(b) 
Such use shall be of such size and so located and laid out in relation to its access streets that vehicular and pedestrian traffic to and from such use will not create undue congestion or hazards prejudicial to the general neighborhood.
(c) 
Services and utilities such as public water, sanitary sewers and stormwater drainage shall be made available by the applicant to adequately service the proposed use.
(d) 
There shall be control of development of highway frontage so as to limit the number of points for ingress and egress, consider their location with due regard to safety factors, and encourage, where practicable, frontage of buildings and structures upon parallel marginal roads or on roads perpendicular to the highway.
(e) 
The natural features and processes characterizing the site and its surroundings will not suffer unmitigated degradation.
(f) 
The use is appropriate to the site in question.
(g) 
The use shall not adversely affect the character of the general neighborhood, nor the health and safety of residents or workers on adjacent properties and in the general neighborhood, nor the reasonable use of neighboring properties. The use of adjacent properties shall be adequately safeguarded.
[2]
Editor's Note: See Art. XVIII.
(2) 
The applicant shall demonstrate, as a condition to approval of his application, that these standards and those specified elsewhere in this chapter for the use in question will be met.
(3) 
The Board of Supervisors may attach such additional reasonable conditions and safeguards as it deems necessary to implement the purpose of this Zoning Ordinance and the Pennsylvania Municipalities Planning Code, as amended,[3] which conditions may include but are not limited to harmonious design of buildings, planting and maintenance of shrubbery or trees as a sight and/or sound barrier, hours of operation, lighting, number of employees and the minimizing of potentially noxious, offensive or hazardous elements.
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
All appeals from decisions of the Zoning Officer shall be conducted in the manner set forth in the Pennsylvania Municipalities Planning Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A. 
Scope. A certificate of intention shall be required in all instances where a nonconforming use is discontinued if the owner or operator of such uses desires to maintain such a nonconforming use.
B. 
Procedure. The Zoning Officer shall maintain proper forms for the registrations of any certificate of intention. It shall be incumbent upon the owner or applicant to file such a form with the Zoning Officer.
C. 
Notification. The proper adoption of this chapter shall be considered effective notice to all owners or operators of nonconforming uses of the requirements for registration for the discontinuance of all nonconforming uses.
D. 
Filing. The Zoning Officer shall maintain a separate file for all certificates of intention.
E. 
Duration. Each certificate of intention shall be valid for a one-year period. See § 184-181 of this chapter.