The Township of Girard shall appoint the Zoning Administrator who shall administer and enforce the provisions of this chapter, and shall do so in accordance with the provisions of this chapter and of the Pennsylvania Municipalities Planning Code. The Zoning Administrator shall also have the duties as set forth by Article IX of this chapter. The Zoning Administrator shall not hold any elective office in the Township.
The Zoning Administrator 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. The Administrator shall be considered
as qualified to perform his/her duties by meeting the qualifications
established by the Township. In addition, the Zoning Administrator's
duties, obligations and responsibilities include the following.
A.
Application for building/zoning permits. The Zoning
Administrator shall receive applications for building/zoning permits
and/or certificate of occupancy. A building/zoning permit is an application
filed prior to the start of construction/development by a developer
to describe the proposed activity in sufficient detail to determine
whether or not it meets the requirements of this chapter and other
applicable Township ordinances. Applications conforming to such ordinances
shall be approved, those not conforming to such ordinances shall be
denied.
B.
Inspections. The Zoning Administrator or a duly appointed
assistant may examine, or cause to be examined, all structures and/or
land for which an application for a building/zoning permit or a zoning
certificate has been requested. Such inspections may be before, during
and after construction and shall be made upon the termination of construction
and prior to the issuance of a certificate of occupancy.
C.
Permits, applications, appeals and certificates. The
Zoning Administrator shall issue or deny such permits or certificates
as required by this chapter where no other body is involved; shall
receive all applications for conditional uses, special exceptions
and variances and forward same to the appropriate body. Where a decision
is made by another body, the Zoning Administrator shall issue or deny
the permit as ordered by the applicable board.
D.
Enforcement. The Zoning Administrator is authorized
to institute civil enforcement proceedings as a means of enforcing
this chapter and to revoke or refuse permits as authorized.
A.
Building/zoning permits. An application for a building/zoning
permit will be to show compliance with this chapter and other appropriate
Township ordinances. Applications shall contain information relative
to the proposed construction and use in sufficient detail to inform
the Zoning Administrator of the scope and extent of the proposed development.
The exact details required, including sketches, plat plans as well
as the number of copies, time limits and fees for such applications
shall be determined by the Township.
B.
Certificate of occupancy. A certificate of occupancy
shall be required prior to the occupancy or use of any vacant land
or prior to the occupancy or use of any structure hereafter constructed,
reconstructed, moved, altered or enlarged. The purpose of the certificate
of occupancy is to confirm that the development described in the building/zoning
permit application has been completed in compliance with the application
and this chapter. Certificates of occupancy shall also be required
for a change of use of a structure or land to a different use and
changes to a nonconforming use or structure. Said applications shall
be on forms as approved by the Township or the Board, as appropriate,
and shall be accompanied by a fee as set by the Township. It is the
intent of this chapter that all appeal processes should follow the
Pennsylvania Municipalities Planning Code or other appropriate state
law. The filing of appeals, special exceptions and variances shall
be within such time limits as specified by the Pennsylvania Municipalities
Planning Code. The filing of conditional uses shall follow procedures
set forth by the Township Supervisors.
C.
Zoning certificate. The zoning certificate shall be
issued upon request to confirm that the use of land or a building
within the Township is in compliance with this chapter. The exact
form of the certificate and fees charged shall be determined by the
Township.
D.
Sign permit. A sign permit shall be required prior to the erection or alteration of any sign, except those signs specifically exempted from this requirement in § 200-55 of this chapter.
(1)
Application for a sign permit shall be made, in writing,
to the Zoning Administrator, and shall contain all information necessary
for such officer to determine whether the proposed sign, or the proposed
alterations, conform to all the requirements of this chapter.
(2)
No sign permit shall be issued except in conformity
with the regulations of this chapter, except after written order from
the Zoning Hearing Board or the courts.
(3)
All applications for sign permits shall be accompanied
by plans or diagrams in duplicate and approximately to scale, showing
the following:
A.
Enforcement notice. When it appears to the Township
and/or the Zoning Administrator that a violation has occurred, the
Zoning Administrator shall send an enforcement notice. 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 the parcel, and to
any other person requested, in writing, by the owner of record. The
enforcement notice shall state 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.
B.
Causes of action. 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, and any amendment thereto or prior enabling laws,
the Township, the Zoning Administrator 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 Board of Supervisors
of Girard Township. No such action may be maintained until such notice
has been given.
C.
Jurisdiction. Magisterial District Judges shall have initial jurisdiction over proceedings brought under § 200-85D.
D.
Enforcement remedies. Any person, partnership or corporation
who or which has violated or permitted the violation of the provisions
of this chapter and any amendment thereto or any prior enabling laws
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 attorneys' 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 Magisterial District Judge. 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 Magisterial District Judge 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 Magisterial
District Judge and thereafter each day that a violation continues
shall constitute a separate violation. All judgments, costs and reasonable
attorneys' fees collected for the violation of zoning ordinances shall
be paid over to the Township. Nothing contained in this section shall
be construed or interpreted to grant any person or entity other than
the Township and its Zoning Administrator the right to commence any
action for enforcement pursuant to this section.
