Township of Falls, PA Article VII Zoning Officer

§ 209-51 Duties.

The provisions of this chapter shall be administered and enforced by the Zoning Officer. It shall be the duty of the Zoning Officer to:

A. Receive and examine all applications for zoning permits and notification by any citizen of conditions in violation of this chapter.

B. Review all applications for completeness and if, in his or her opinion, the application is not complete, immediately return the application to the applicant, indicating the deficiencies.

C. Issue permits only where the application is complete and where there is compliance with the provisions of this chapter and with other Township ordinances and with the laws of the commonwealth. Permits for construction or uses requiring a special exception or variance shall be issued only after an affirmative decision of the Zoning Hearing Board. Permits requiring approval of a conditional use by the Township Supervisors shall be issued only after receipt of such approval. Permits requiring a certificate of appropriateness under the Historical and Architectural Ordinance shall be issued only after receipt of such certificate.

D. Receive appeals and applications for interpretation, special exceptions and variances and forward them to the Zoning Hearing Board.

E. Conduct inspections and surveys to determine compliance or noncompliance with the terms of this chapter.

F. Issue stop and cease-and-desist orders, and order in writing correction of all conditions found to be in violation of the provisions of this chapter or any condition for approval imposed by the Board of Supervisors or Zoning Hearing Board. Such written orders shall be posted upon property or served personally and/or by certified mail upon persons, firms or corporations deemed by the Zoning Officer to be violating the terms of this chapter.

G. With the approval of the Township Supervisors or when directed by them, institute in the name of the Township any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, demolition, maintenance or use of any building or structure; to restrain, correct or abate such violation so as to prevent the occupancy or use of any building, structure or land; or to prevent any illegal act, conduct, business or use in or about such premises.

H. Revoke by order a zoning permit issued under a mistake of fact or contrary to the law, to the provisions of this chapter or to any condition for approval imposed by the Board of Supervisors or Zoning Hearing Board.

I. Record and file all applications for zoning permits with accompanying plans and documents. All applications, plans and documents shall be a public record unless exempt under the Pennsylvania Right to Know Law.[1]

[1] Editor's Note: See 65 Pa.C.S.A. § 701 et seq.

J. Maintain a map or maps showing the current zoning classification of all land in the Township.

K. Maintain a register of nonconforming uses as directed by the Board of Supervisors.

L. Upon the request of the Township Supervisors, the Planning Commission or the Zoning Hearing Board, present facts, records or reports which they may request to assist them in making decisions.

§ 209-52 Appointment; administrative powers.

For the administration of this chapter, a Zoning Officer, who may not hold any elective office in the municipality, shall be appointed. The Zoning Officer shall administer this chapter in accordance with its literal terms and shall not have the power to permit any construction or any use or change of use which does not conform to this chapter.

§ 209-53 Zoning permits.

A. Obtaining permits; issuance.

(1) No use may be established or changed; no building or structure may be erected, constructed, reconstructed, altered, razed, enlarged or removed; and no building used or occupied, changed in use or changed in nonresidential occupancy until all necessary permits required by this chapter, including a zoning permit, building permit and certificate of occupancy, have been obtained.

(2) No zoning permits shall be issued until the Zoning Officer has certified that the proposed use of land or existing or proposed building or structure complies with the provisions of the applicable district and other provisions of this chapter and all other applicable regulations. No zoning permit for a use shall be issued until the necessary improvements to the lot, including construction of buildings, parking areas, driveways and all other required improvements, have been completed or guaranteed as part of the land development process, if applicable.

B. All structures for which permits have been obtained, and the construction of which or a portion of which has been begun or for which a contract or contracts have been let pursuant to a permit issued prior to the passage of this chapter, may be completed and used in accordance with the plans on which said permits were granted. Zoning permits shall not be required for general maintenance work, painting, tilling the soil, or landscaping, except in buffer yards or where otherwise required in this chapter or other ordinances of the Township.

C. The Zoning Officer shall have the authority to issue permits only for construction and uses which are in accordance with the requirements of this chapter. Construction and uses which require special exception or variance shall be issued zoning permits only upon order of the Zoning Hearing Board. Construction and uses which require conditional use approval or land development approval shall be issued zoning permits only upon final approval by the Board of Supervisors and, in the case of land development, recording of the land development plan.

§ 209-54 Application for zoning permit.

A. All applications for zoning permits shall be made by the owner, tenant, purchaser under contract of sale or authorized agent, on a form supplied by the Township, and shall be filed with the Zoning Officer. The application shall consist of two parts:

(1) A written statement including:

(a) An identification of the proposed use of the building or land.

(b) A description of any proposed operations in sufficient detail to indicate effects of those operations in producing noise, heat, vibration, glare, air pollution, water pollution, fire hazards, traffic congestion or other safety hazards.

(c) A certification of methods to be employed in controlling any excess noise, air pollution, smoke, fumes, water pollution, fire hazards or other safety hazards, or a certification by a qualified person that methods conform to the state and federal standards.

(d) In the case of applications for interpretation, variances, special exceptions and conditional uses, the additional information specified in §§ 209-22, 209-50, 209-72 and 209-78.

(e) Any other data required by this chapter or deemed necessary by the Zoning Officer, Planning Commission or Township Supervisors to enable them to determine the compliance of the proposed development with the terms of this chapter.

(2) A site plan drawn to scale in conformance with the provisions of the Subdivision and Land Development Ordinance.[1] For other than a single-family detached dwelling, a site plan drawn to scale shall show property lines, street rights-of-way, location of principal and accessory buildings, fences, swimming pools and other proposed uses, all yards and dimensions.

[1] Editor's Note: See Ch. 191, Subdivision and Land Development.

B. After an action by the Board of Supervisors to advertise an ordinance which proposes a change in regulations, district boundaries or classifications of property, the Zoning Officer shall not accept applications for permits except where said applications conform fully to the provisions of the proposed ordinance, and no permit shall be issued until after adoption of the ordinance, unless it conforms to the proposed ordinance and this chapter.

C. No building permit for any new use or construction which will involve the on-site disposal of sewage or waste, and no zoning permit for a change in use or an alteration which will result in an increased volume of sewage or waste to be disposed of on the site shall be issued until a certificate of approval has been issued by the Bucks County Department of Health and/or Pennsylvania Department of Environmental Protection.

§ 209-55 Issuance of permit; compliance required.

Zoning permits shall be granted or refused within 10 business days after the date of application. No permit shall be issued until the Zoning Officer has certified that the proposed application is in full conformance with this chapter. In the event of refusal, the applicant shall be informed of his right to appeal to the Zoning Hearing Board or to the Board of Supervisors in the event of a conditional use requirement. Upon completion of the erection or alteration of any building or portion thereof authorized by any permit obtained in compliance with this chapter and prior to occupancy or use, the holder of such permit shall notify the Zoning Officer of such completion. Occupancy shall not be authorized until the Zoning Officer has certified that the work has been inspected and approved as being in conformity with the permit and the provisions of this chapter and other applicable ordinances, and has issued a certificate of occupancy where required as provided below. All applications with accompanying plans and documents shall be a public record, unless exempt in accordance with the Pennsylvania Right to Know Law.

§ 209-56 Requirement of certificate of occupancy.

No structure erected, reconstructed, extended or moved and no land or building changed in use shall be occupied or used in whole or in part for any use whatsoever until the owner or authorized agent has been issued a certificate of occupancy by the Zoning Officer, indicating that the building and use comply with the terms of this chapter and Building Code.

A. A certificate of occupancy shall be required for any of the following:

(1) Occupancy and use of any building or portion thereof hereafter erected or altered.

(2) Change in use of an existing building to a use of a different classification.

(3) Occupancy and use of vacant land, or change in the use of land to a use of a different classification.

(4) Any change in use or extension of a nonconforming use.

(5) Home occupations.

B. This certificate shall indicate that the proposed use of such building or land is in conformity with the provisions of this chapter.

§ 209-57 Issuance of certificate of occupancy.

A certificate of occupancy shall be granted or refused within 10 days after the Zoning Officer has been notified of the completion of the authorized construction or alteration, or, where no construction or alteration is involved, within 10 days after receipt of written application therefor. Upon request from the owner, the Zoning Officer shall issue a certificate of occupancy for any building or land existing at the time of enactment of this chapter, certifying, after inspection, the extent and kind of use or disposition of the buildings or land and whether such use or disposition conforms to the provisions of this chapter. Pending completion of a building or of alterations thereto, a temporary certificate of occupancy may be issued by the Zoning Officer for the use of a part or all of the building, provided that such temporary occupancy or use would not tend in any way to jeopardize life or property and subject to proof of adequate insurance and execution of an agreement to hold the Township harmless. A record of all certificates of occupancy shall be kept on file in an office of the Township, and a copy of any such certificate shall be furnished upon request to any person having a proprietary or tenancy interest in the building premises. If activity occurs contrary to the terms of this chapter, the Zoning Officer may revoke the certificate of occupancy previously issued.

§ 209-58 Fees.

Fees for permits shall be paid in accordance with the provisions of a fee schedule to be adopted by the Township Supervisors. Each applicant for site plan approval, zoning change, Zoning Hearing Board appeal, special exception, variance, district boundary location, signs, permits, conditional use or curative amendment shall, at the time of making application, pay a fee in accordance with a fee schedule to be adopted by resolution of the Township Supervisors. The amount of the fee shall be predicated upon the average cost to the Township of the application or appeal, as nearly as it can reasonably be determined, including advertising, mailing, reproduction, stenographic, legal and similar expenses. The amount by which the fee exceeds the actual costs of the proceeding shall be returned to the applicant or appellant following the filing of the decision of the Zoning Hearing Board. Payment of all costs must be made in full before any approval is granted and also before a building permit will be issued.