This chapter shall be administered and enforced
by the Zoning Officer with appropriate assistance as required. The
Zoning Officer shall be appointed as provided in the PA MPC by the
Board of Supervisors.
The Zoning Officer shall function within the
parameters of the law as stated in the PA MPC and shall have the following
duties.
A.
Maintain a record of all plans and applications for
permits and all permits issued, with notations as to special conditions
attached thereto;
B.
To receive and examine all applications for permits;
C.
To issue permits for construction and uses which are
in accordance with the provisions of this chapter;
D.
To revoke, by order, a permit issued under a mistake
of fact or contrary to law or the provisions of this chapter;
E.
To make such reports as the Board of Supervisors shall
require;
F.
To issue permits for construction and uses which are
special exceptions or variances to the provisions of this chapter
only upon order of the Zoning Hearing Board;
G.
To require that all lots shall have corner stakes
set by a registered surveyor, and that the application for a zoning
permit and the accompanying plot plan, shall contain all the information
necessary to enable him or her to ascertain whether the proposed use,
building, construction or alteration complies with the provisions
of this chapter. No zoning permit shall be issued unless the Zoning
Officer certifies that the proposed use, building, construction, or
alteration complies with the provisions of this chapter;
H.
To enforce the provisions of this chapter and to issue
violation notices;
I.
To issue certificates of nonconformity; and
J.
To perform such other administrative tasks as may
be assigned by the Board of Supervisors.
A.
No use of vacant land, other than agricultural use, shall be made,
nor shall any building or structure hereafter constructed, erected
or structurally altered be occupied or used, nor shall any existing
use of a building, structure or land be changed until a building permit
and/or a certificate of use, occupancy and compliance has been issued
by the Zoning Officer.
[Amended 2-13-2013 by Ord. No. 339]
B.
When a building permit is required for the construction, erection
or structural alteration of any building or structure, an application
for a certificate of use, occupancy and compliance shall be made simultaneously
with the application for the building permit. The applicant shall
notify the Zoning Officer of the date on which such construction,
erection or structural alteration shall have been completed in conformity
with the provisions of this chapter, and the Zoning Officer shall
examine the building or structure involved within 10 days of the completion
thereof. If the Zoning Officer shall find that such construction,
erection or structural alteration has been completed in accordance
with the provisions of this chapter, a certificate of use, occupancy
and compliance shall be issued.
[Amended 2-13-2013 by Ord. No. 339]
C.
In the event that any existing use of a building,
structure or land is to be changed, an application for a certificate
of use, occupancy and compliance shall be made prior to the change
of such use. The Zoning Officer shall make such examination and investigation
as is necessary to determine whether the proposed change in use shall
be in compliance with this chapter within 10 days of the application
therefor, and, if such proposed use shall be found to be in accordance
with the provisions of this chapter, a certificate of use, occupancy
and compliance shall be issued.
D.
A certificate of use, occupancy and compliance issued
under this section shall state that the building, structure or land
complies with the provisions of this chapter.
The Zoning Officer may issue a temporary certificate
of use, occupancy or compliance which may permit the use or occupancy
of a building or structure during structural alteration thereof or
may permit the partial use or occupancy of a building or structure
during its construction or erection; provided, however, that such
a temporary certificate of use, occupancy or compliance shall be valid
only for a period not exceeding 90 days from its issuance, and shall
be subject to such restrictions and provisions as may be deemed necessary
by the Zoning Officer to adequately ensure the safety of persons using
or occupying the building, structure or land involved. Application
for such a temporary certificate of use, occupancy and compliance
shall be made in the same manner as for a certificate of use, occupancy
and compliance, and the application for or issuance of such a temporary
certificate of use, occupancy or compliance shall in no way affect
the obligation to apply for and obtain a certificate of use, occupancy
and compliance.
A.
All applications for certificates of use, occupancy
and compliance shall be made on printed forms to be furnished by the
Zoning Officer and shall contain accurate information as to the size
of and location of the lot; the size and location of the buildings
or structures on the lot; the dimensions of all yards and open spaces;
and such other information as may be required by the Zoning Officer
as necessary to provide for the enforcement of this chapter.
B.
No building permit or other permit for grading, excavation
or for the erection, construction, repair or alteration of a building
or structure shall be issued before application has been made for
a certificate of use, occupancy and compliance.
Every permit issued shall be good only for the
period of six months from its date, unless it is exercised or used
within said period and unless, once commenced, it is continually exercised
or used. If work ceases for a period of six months, unless such cessation
is for cause, the permit shall expire.
A.
The Board of Supervisors shall determine a schedule
of fees, charges and expenses, as well as a collection procedure for
permits, variances, special exceptions, conditional uses, amendments
and other matters pertaining to this chapter. Said schedule of fees
shall be posted in the offices of the Township Secretary and the Zoning
Officer.
B.
The Board of Supervisors shall be empowered to reevaluate
the fee schedule from time to time and make necessary alterations
to it. Such alterations shall not be considered an amendment to this
chapter, and may be adopted at any public meeting by resolution.
C.
All fees collected thereunder shall be paid into the
Township Treasury.
The Zoning Officer shall take cognizance of
a violation of any of the provisions of this chapter. He or she shall
investigate each violation that comes to his or her attention. He
or she shall order, in writing, the correction of such conditions
as he or she finds to be in violation of any of the provisions of
this chapter. Failure to secure all required permits and certificates
under this chapter, or under a Zoning Hearing Board order, when required,
prior to the erection, construction, extension or addition to a building,
shall be a violation of this chapter.
When the Zoning Officer observes an actual or
apparent violation, or has reasonable grounds to believe there is
a violation, of any provision of this chapter, or a condition imposed
as part of any order of the Zoning Hearing Board, or a condition imposed
by the Board of Supervisors upon the grant of a conditional use, he
or she shall prepare a written notice of violation. This notice may
be by citation or may be a notice describing the activity or condition
deemed to be a violation and specifying time limits within which the
violation shall be corrected. If the Zoning Officer elects to proceed
by citation, the citation shall be served as provided by the Pennsylvania
Rules of Criminal Procedure. If the Zoning Officer elects to proceed
by notice of violation, the written notice of violation shall be served
upon the owner, or upon a duly authorized agent of the owner, including
a contractor or architect, or upon the occupant or other person responsible
for the violation. Such notice of violation shall be served in any
of the following ways: by delivering a copy of the same to the person
or persons responsible for the violation by United States Postal Service
first class mail to the last known post office address; or by delivering
and leaving such notice in the possession of any person in charge
of the premises where the violation is believed to be occurring; or
by affixing a copy of such notice in a conspicuous place at the entrance
door or avenue of access of the premises where the violation is believed
to be occurring; and such procedure shall be deemed the equivalent
of personal notice.
A.
For a violation of any of the provisions of this chapter,
or of any condition imposed by an order of the Zoning Hearing Board,
or of any condition imposed by the Board of Supervisors upon the grant
of a conditional use, the owner, general agent or contractor of a
building or premises where such violation has existed or exists, and
/or the lessee or tenant of an entire building or premises in which
part such violation has been committed or exists, and/or the general
agent, architect, building contractor or any other person who knowingly
commits, takes part in or assists in any such violation, or who maintains
any building or premises in which any such violation exists, upon
being found liable therefor in a civil enforcement proceeding commenced
by the Township, shall pay a judgment of not more than $500 plus all
court costs, including reasonable attorney fees, incurred by the Township
as a result thereof. The parties authorized under the statute may
utilize all remedies authorized by the PA MPC.
B.
If any building or structure is erected, constructed,
reconstructed, altered, repaired, converted or maintained, if any
building, structure or land is used or if any hedge, tree, shrub or
other growth is maintained in violation of any of the provisions of
this chapter or of any regulations made pursuant hereto, in addition
to other remedies provided by law, any appropriate action or proceedings
by authorized legal process may be instituted or taken to prevent
such unlawful erection, construction, reconstruction, alteration,
repair, conversion, maintenance or use; to restrain, correct or abate
such violation; to prevent the occupancy of such building, structure
or land; or to prevent any illegal act, conduct, business or use in
or about such premises.
