[Amended 11-26-1990 by Ord. No. 218]
A.
The provisions of this chapter shall be enforced by
an agent, to be appointed by the Board of Township Commissioners,
who shall be known as the "Zoning Officer." The Zoning Officer shall
be elected at the first meeting of the Commissioners following the
adoption of this chapter to serve until the first day of January next
following and shall thereafter be elected annually to serve for a
term of one year and/or until a successor is elected. Zoning Officers
may succeed themselves. The Zoning Officer shall receive such fees
or compensation as the Township Commissioners may, by resolution,
provide.
B.
The Zoning Officer shall not hold any elective office
in the Township and shall meet qualifications established by the Township
and shall be able to demonstrate to the satisfaction of the Township
a working knowledge of municipal zoning.
[Amended 11-26-1990 by Ord. No. 218]
The Zoning Officer shall have the power and
the duty to:
A.
Keep a record of all plans and applications for permits,
and all permits issued with notations as to special conditions attached
thereto. All records shall be open for public inspection.
B.
Review applications for permits for erection or alteration
of structures or changes of 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. The Zoning Officer shall issue no permit unless
it conforms with all applicable ordinances, statutes and regulations.
C.
Conduct inspections and surveys to determine compliance
or noncompliance with the terms of this chapter. In carrying out such
surveys, the Zoning Officer or representative may enter upon any land
or building within the Township.
E.
Institute proceedings in courts of proper jurisdiction
for the enforcement of provisions of this chapter.
F.
Maintain a map showing the current zoning classification
of all land within the Township.
G.
Participate in all proceedings before the Zoning Hearing
Board, present facts and information to assist the Board in reaching
decisions which shall be compatible with this chapter, and have decisions
of the Board reviewed in a court of proper jurisdiction when, in the
judgment of the Zoning Officer, such a review is desirable or indicated.
[Amended 6-23-1980 by Ord. No. 119; 11-26-1990
by Ord. No. 218]
No building shall be constructed or enlarged
in the Township, or the use of any building changed, until a permit
has been secured from the Zoning Officer. No permit shall be issued
in regard to any lot or tract of land if any fees and/or costs including,
but not limited to, legal and engineering costs and sewage enforcement
costs due to the Township in connection with said lot or the subdivision
in which it is located, whether required by this or any other law,
ordinance or regulation or by development agreement, are unpaid.
[Amended 11-26-1990 by Ord. No. 218; 2-20-2018 by Ord. No. 499]
With the exception of sign permit applications (which shall be administered by § 350-140.1), all applications for zoning permits shall be made in writing by the applicant and shall be filed with the Zoning Officer. The application shall include a statement as to the proposed use of the building; shall be accompanied by a plan, drawn to scale, showing the location of the building in relation to property and road lines; shall include a statement that the sidelines of all roads shown on the plan have been located and staked on the premises by a surveyor or other person competent to give such location; and shall give the name and address of the person who has so located and staked the roads' lines.
[Added 2-28-2000 by Ord. No. 305]
A.
Upon completion of the erection or alteration of any
building or portion thereof authorized by any permit, and prior to
occupancy or use, or prior to any change in occupancy or use, the
permittee shall notify the Zoning Officer of such completion or change
and obtain a certificate of occupancy. No certificate of occupancy
shall be issued until all requirements of the ordinances of Upper
Pottsgrove Township, including this chapter and the subdivision and
land development regulations, have been satisfied.
B.
In commercial and industrial zoning districts, at
such times as performance standards are imposed, no certificate of
occupancy shall become permanent until 30 days after the facility
is fully operating, when, upon a reinspection by the Zoning Officer,
it is determined that the facility is in compliance with all performance
standards.
[Amended 11-26-1990 by Ord. No. 218]
A permit issued under the authority of this
chapter shall expire six months after 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 within such period.
[Amended 11-26-1990 by Ord. No. 218]
A.
The Zoning Officer shall serve enforcement notices
on any person, firm, corporation, or partnership responsible for violating
any provisions of this chapter, or in violation of a detailed statement
or plan approved hereunder.
B.
Enforcement notices shall also be sent by the Zoning
Officer 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 the parcel, and to any other person
requested in writing by the owner of record.
C.
The 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 30 days 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.
[Amended 11-26-1990 by Ord. No. 218]
In order not to unreasonably delay the time
when a landowner may secure assurance that the ordinance or map under
which he proposes to build is free from challenge, and recognizing
that the procedure for preliminary approval of his development may
be too cumbersome or may be unavailable, the landowner may advance
the date from which time for any challenge to the ordinance or map
will run under § 914.1 of the Pennsylvania Municipalities
Planning Code,[1] as amended, by the following procedure:
A.
The landowner may submit plans and other materials
describing his proposed use or development to the Zoning Officer for
preliminary opinion as to their compliance with the applicable ordinances
and maps. Such plans and other materials shall not be required to
meet the standards prescribed for preliminary, tentative or final
approval or for the issuance of a building permit so long as they
provide reasonable notice of the proposed use or development and a
sufficient basis for a preliminary opinion as to its compliance.
B.
If the Zoning Officer's preliminary opinion is that
the use or development complies with the ordinance or map, notice
thereof shall be published once each week for two successive weeks
in a newspaper of general circulation in the Township. Such notice
shall include a general description of the proposed use or development
and its location, by some readily identifiable directive, and the
place and time where the plans and other materials may be examined
by the public. The favorable preliminary approval under § 914.1
of the Pennsylvania Municipalities Planning Code, as amended, and
the time therein specified for commencing a proceeding with the Board
shall run from the time when the second notice thereof has been published.
[1]
Editor's Note: See 53 P.S. § 10914.1.
[Amended 6-23-1980 by Ord. No. 119]
A.
The applicant for a permit shall, at the time of making
the application, pay to the Zoning Officer for the use of the Township
a fee in accordance with a fee schedule adopted by resolution of the
Board of Commissioners upon the enactment of this chapter, or as such
schedule may be amended by resolution of the Board of Commissioners.
[Amended 9-22-1986 by Ord. No. 164; 8-14-2000
by Ord. No. 309; 9-8-2003 by Ord. No. 353]
An application for conditional use shall be
considered by the Board of Commissioners according to the following
procedures:
A.
The application shall be submitted in writing to the
Township Secretary. It shall include, as a minimum, a tentative sketch
plan indicating how the applicant intends to develop the property,
and sufficient data to document compliance with applicable standards
and requirements of this chapter.
B.
Pending public hearing, the Planning Commission shall
review the application, resolve or identify any planning issues which
the Planning Commission deems relevant, and it shall report to the
Commissioners its recommendations with respect to approval, approval
subject to conditions or disapproval of the application, together
with the grounds therefor.
C.
The hearing shall be conducted by the Commissioners
or the Commissioners may appoint any member or an independent attorney
as a hearing officer. The decision or, where no decision is called
for, the finding shall be made by the Commissioners. However, the
appellant or the applicant, as the case may be, in addition to the
Township, may, prior to the decision of the hearing, waive decision
or findings by the Commissioners and accept the decision or findings
of the hearing officer as final.
D.
The first hearing before the Commissioners or hearing
officer shall be commenced pursuant to public notice within 60 days
from the date of the receipt of the applicant's application, unless
the applicant has agreed in writing to an extension of time. Each
subsequent hearing before the Board or hearing officer shall be held
within 45 days of the prior hearing, unless otherwise agreed to by
the applicant in writing or on the record. An applicant shall complete
the presentation of his case-in-chief within 100 days of the first
hearing. Upon the request of the applicant, the Commissioners or hearing
officer shall assure that the applicant receives at least seven hours
of hearing within the 100 days, including the first hearing. Persons
opposed to the application shall complete the presentation of their
opposition to the application within 100 days of the first hearing
held after the completion of the applicant's case-in-chief. An applicant
may, upon request, be granted additional hearings to complete his
case-in-chief, provided that the persons opposed to the application
are granted an equal number of additional hearings. Persons opposed
to the application may, upon the written consent or consent on the
record by the applicant and municipality, be granted additional hearings
to complete their opposition to the application, provided that the
applicant is granted an equal number of additional hearings for rebuttal.
E.
The Commissioners 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 conditional use application within
45 days after the last hearing. The date for the decision may be extended
by the applicant either on the record or in writing addressed to the
Commissioners or hearing officer. 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 this chapter, the Pennsylvania Municipalities
Planning Code, or any 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. A copy of the decision
or, where no decision is called for, of the findings shall be delivered
to the applicant personally or mailed to him no later than the day
following its date. If, after the conclusion of the public hearing(s),
the application is amended or revised, the Commissioners or hearing
officer, as the case may be, shall hold one or more public hearings
thereon as may be necessary and shall issue a new decision thereon
in conformance with the procedure established in this section.
F.
Any substantial revisions to the application or plan made by the applicant subsequent to its review by the Planning Commission shall be subject to review and recommendation by the Planning Commission as specified in Subsection B of this section prior to the Commissioner's public hearing. In such event, the Zoning Officer shall secure from the applicant a written extension of the date within which the Commissioners must hold a public hearing pursuant to Subsection D of this section. If the applicant fails to execute the extension, the Commissioners shall decide the conditional use application on the basis of the plan and application as originally filed
G.
A stenographic record of the hearing shall be made
by a certified court reporter, whose appearance fee shall be shared
equally by the applicant and the Township. The cost of the original
transcript shall be paid by the Township only if the Township orders
it or by any party requesting an original transcript or by the person
appealing the decision of the Township in the event of an appeal.
In either case, the cost of additional copies shall be paid by the
party or person requesting such copies.
H.
Where the Commissioners or hearing officer fail to
render the decision within the period required by this section or
fail to commence, conduct or complete the required hearing as provided
in this section, 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. When a decision has been
rendered in favor of the applicant because of the failure of the Commissioners
or hearing officer to meet or render a decision as herein provided,
the Commissioners shall give public notice of the decision within
10 days from the last day it could have met to render a decision in
the same manner as required by the public notice requirements of this
chapter. If the Commissioners shall fail to provide such notice, the
applicant may do so.
I.
Nothing in this section shall prejudice the right
of any party opposing the application to appeal the decision to a
court of competent jurisdiction.
J.
Unless otherwise specified by the Commissioners, a
conditional use approval shall expire if the applicant fails to apply
for a building permit or, if no building permit is required, a use
in occupancy permit within six months from the date of the Board's
decision approving the conditional use, unless upon written application
the Commissioners in their discretion grant an extension upon cause
shown. No more than one extension shall be granted nor shall the same
be valid for a period of more than one year.
K.
Nothing in this section shall be construed to relieve
the applicant for a conditional use approval from obtaining all other
required approvals mandated by this chapter and other applicable Township
ordinances or regulations and the laws and regulations of the state
and federal regulatory authorities.
