Hereafter, no land shall be used or occupied and no building or structure shall be erected, altered, used or occupied except in conformity with this chapter, as it may be from time to time amended.
A. 
(See also §§ 122-61 and 122-71.) The provisions of this chapter shall be administered by the person designated by the Township Supervisors as the Zoning Officer for this purpose.
B. 
The duties of the Zoning Officer shall be to:
(1) 
Examine all applications for permits to build upon or use land.
(2) 
Issue permits only for construction and uses which are in accordance with this chapter and as it may be subsequently amended.
(3) 
Record and file all applications for permits and accompanying plans and documents and to keep them for public record.
(4) 
Issue permits for uses, authorized variances or special exceptions after approval by the Zoning Hearing Board or directed by a competent court in accordance with this chapter.
(5) 
Report all violations of the chapter to the Board of Supervisors and to issue orders to cease and desist to all the violators.
(6) 
Upon the request of the Planning Commission or the Zoning Hearing Board, present to such body facts, records and any similar information on specific requests to assist such body in reaching its decision.
A. 
This chapter shall be enforced by the Zoning Officer of the Township.
B. 
Complaints regarding violations. Whenever a violation of this chapter occurs or is alleged to have occurred, any person may file a written complaint. Such complaint, stating fully the causes and basis thereof, shall be filed with the Zoning Officer. The Zoning Officer shall record properly such complaint, immediately investigate and take action thereon as directed by the Supervisors and as permitted by this chapter and the Second Class Township Code.[1]
[1]
Editor's Note: See 53 P.S. § 65101 et seq.
C. 
When directed by the Board of Supervisors to initiate an enforcement proceeding, the Zoning Officer shall first send 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 an enforcement notice stating the following:
[Added 4-16-1990 by Ord. No. 90-01]
(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 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 the provisions of 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.
(7) 
In any appeal of an enforcement notice to the Zoning Hearing Board, the Township shall have the responsibility of presenting its evidence first.
[Added 9-22-1997 by Ord. No. 97-15]
(8) 
Any filing fee paid by a party to appeal an enforcement notice to the Zoning Hearing Board shall be returned to the appealing party by the Township if the Zoning Hearing Board, or any court in a subsequent appeal, rules in favor of the appealing party.
[Added 9-22-1997 by Ord. No. 97-15]
D. 
In the event of a violation of the provisions of this chapter, the Township shall have all the enforcement remedies set forth in Section 617 of the Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 10617.
[Amended 4-21-1997 by Ord. No. 97-07]
The term "zoning permits" refers to building permits, sign permits and use and occupancy permits and shall be required under the following circumstances:
A. 
Building permits. Except as limited in § 122-105.3D of this chapter, a building permit shall be required prior to the erection or alteration or enlargement of any building or other structure or portion thereof. It shall be unlawful for any person to commence work for the erection or alteration or enlargement of any building or structure or portion thereof until a permit has been duly issued therefor.
B. 
Sign permits. A sign permit shall be required prior to the erection, alteration or enlargement of any sign, sign structure or any portion thereof, except for signs which are exempt from sign permits pursuant to § 122-90.1 of this chapter. Subject to § 122-90.1, it shall be unlawful for any person to commence work for the erection, alteration or enlargement of any sign, sign structure or portion thereof until a permit has been duly issued. The following changes to a sign shall not require a permit:
[Amended 2-20-2001 by Ord. No. 01-03]
(1) 
Changing of only the advertising message.
(2) 
Regular maintenance of the sign, including electrical, repainting or cleaning of the sign.
(3) 
The repair of a sign.
C. 
Use and occupancy permits. It shall be unlawful for any person to use or to occupy any building, farming unit or other structure or land until a use and occupancy permit has been duly issued therefor. Use and occupancy permits shall be required prior to any of the following:
(1) 
Use or occupancy of any building or other structure hereinafter erected, altered or enlarged for which a building permit is required.
(2) 
Change in use of any building or structure.
(3) 
Use of land or change in the use thereof, except that the use of land for woodland, game preserve, conservation use or agricultural or nursery purposes shall not require a use or occupancy permit.
(4) 
Change in use or extension of a nonconforming use.
D. 
Tent permits. If a tent does not meet the criteria for a "temporary tent" as that term is defined in § 122-6 herein due to the length of time it shall be erected, a building permit shall be required prior to the erection of such tent in accordance with the procedures outlined in § 122-116A herein. Temporary tents, as defined in § 122-6, shall be permitted without the need to obtain a building permit, provided that the following procedures and standards are met.
[Added 12-6-1999 by Ord. No. 99-10; amended 11-20-2000 by Ord. No. 00-16]
(1) 
Residential lots.
(a) 
Prior to the erection of a temporary tent on any residential property in the Township, the property owner or lessee of the property shall submit a notice to the Township Zoning Officer advising the Township of the following:
[1] 
The names of the owners and address of the property where the tent shall be erected;
[2] 
The dates when the tent shall be erected and dismantled;
[3] 
The size and dimensions of the tent;
[4] 
A description of the location of the tent, including the front, rear and side yard setbacks from the tent;
[5] 
A description of the tent's materials and component parts;
[6] 
The purpose for which such tent shall be erected and the number of people the tent is anticipated to accommodate.
(b) 
The Zoning Officer shall review such notice and provide authorization for the property owner or lessee to erect such tent on a temporary basis not to exceed five days, provided that the temporary tent is not located within the front yard and is located at least 10 feet from any side or rear lot line. The Zoning Officer shall be authorized to impose reasonable and necessary conditions relating to the location and erection of the temporary tent. No fee shall be charged for the submission of such notice or review by the Township Zoning Officer.
(c) 
Tents used exclusively for recreational camping purposes shall be exempt from the above notice requirements.
(2) 
Commercial or eleemosynary-institutional lots. Prior to the erection of a temporary tent or display area for retail goods on property in the commercial or Eleemosynary-Institutional Zoning Districts, the property owner or lessee of the property shall submit an application for a tent permit to the Township Zoning Officer and the necessary filing fee as determined by the Board of Supervisors. The application shall contain the information identified in Subsection D(1) above, as well as any other information that the Zoning Officer deems pertinent for issuance of a tent permit. The Zoning Officer shall review such application and provide a tent permit authorizing the property owner or lessee to erect such tent on a temporary basis not to exceed seven consecutive days or 30 nonconsecutive days in a calendar year, provided that the temporary tent is not located within the front yard and is located at least 10 feet from any side or rear lot line. When issuing the tent permit, the Zoning Officer shall be authorized to impose reasonable and necessary conditions relating to the location and erection of the temporary tent.
All applications for zoning permits shall be made to the Zoning Officer, in writing, on such forms as may be furnished by the Township, including any additional plans, documents and information as may be required to enable the Zoning Officer to ascertain compliance with this chapter.
A. 
Application for building permit. An application for a building permit shall be accompanied by a plot plan, drawn to scale, showing the size and location of all existing and proposed buildings and structures on the premises in question.
B. 
Application for sign permit. An application for a sign permit shall be accompanied by a plot plan, drawn to scale, showing size and location of all buildings and structures on the premises in question and the dimensions and location of the proposed sign.
C. 
Application for use and occupancy permit. When use of premises involves a new building or structure or alterations to an existing building or structure, application for a use and occupancy permit shall be made prior to or concurrently with the application for a building permit.
[Amended 4-21-1997 by Ord. No. 97-07]
A. 
Issuance of building permits and sign permits. The Zoning Officer shall either issue or refuse to issue a building permit or sign permit within 30 days of the filing of a completed application and payment of prescribed fees, as determined by resolution of the Board of Supervisors. The Zoning Officer shall issue a permit only upon a determination that the application is in compliance with the terms of this chapter, as well as any other governing ordinances, including, but not limited to, Chapter 47, Construction Code, Uniform, and Chapter 103, Subdivision and Land Development. A building permit, when issued, shall be accompanied by a placard to be displayed conspicuously upon the premises during the period of construction. A sign permit need not be displayed on the premises.
B. 
Issuance of use and occupancy permit.
(1) 
No use and occupancy permit shall be issued until the Zoning Officer has certified that the proposed use complies with all of the provisions of this chapter, as well as any other governing ordinances. The Zoning Officer shall either issue or refuse to issue a use and occupancy permit within 30 days of the filing of a completed application and payment of prescribed fees as determined by resolution of the Board of Supervisors.
(2) 
A use and occupancy permit for which application has been made prior to or concurrently with an application for a building permit shall not be issued until completion of the construction work authorized by the building permit. Upon notification by the applicant that the construction work has been completed, the Zoning Officer shall either issue or deny such use and occupancy permit within 30 days, as aforesaid.
(3) 
Pending completion of a building or of alterations thereto, a temporary use and occupancy permit may be issued by the Zoning Officer for a temporary occupancy of a part or all of a building, provided that such temporary occupancy would not tend to jeopardize life or property.
(4) 
It shall be the duty of the applicant for a building permit to secure the issuance of the required use and occupancy permit by giving notice of completion as aforesaid, notwithstanding the fact that the applicant may be constructing the building, structure, addition or alteration for the use of another, and further to notify such proposed occupant of the requirement of this section prior to transfer of ownership or commencement of leasehold of the property.
C. 
Issuance of zoning permits; Historical Districts. No zoning permit which includes the erection, reconstruction, alteration, restoration, demolition or razing of any building or structure within the H Historic or C-H Historic-Commercial Districts shall be issued by the Zoning Officer unless a certificate of appropriateness shall have been issued by the Board of Supervisors pursuant to § 122-120 hereof. The Zoning Officer shall either issue or refuse to issue a zoning permit for premises located in the historical district within 30 days after the Board of Supervisors issues said certificate of appropriateness; provided, however, that the applicant has filed a completed application and paid the prescribed fees as determined by the Board of Supervisors.
D. 
Refusal of zoning permit. If the Zoning Officer determines that an application for a zoning permit is not in compliance with the provisions of this chapter, and thus refuses to issue the permit, the applicant shall be notified in writing within 30 days why the permit was denied. The Zoning Officer shall also notify the applicant of his appeal rights and right to resubmit the application.
E. 
Expiration of zoning permit. A zoning permit shall expire within six months from the date of issuance if the work described in the permit has not begun. If the work described in the permit has begun within the six-month period, said permit shall expire after one year from the date of issuance thereof; provided, however, that an applicant may request an extension of time from the Board of Supervisors for any zoning permit.
F. 
Revocation of permit. The Zoning Officer may 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 or on the plans submitted with said application or for any other cause set forth in this chapter.
A. 
The Board of Supervisors shall establish by resolution a schedule of fees, charges and expenses for zoning permits, appeals to the Zoning Hearing Board, curative amendment hearings and other matters pertaining to the administration of this chapter.
B. 
Said schedule of fees shall be available from the Township Secretary and Zoning Officer, and application for permits or hearings shall be considered incomplete until payment in accordance therewith has been made.
A. 
Application. An application for conditional use approval shall be accompanied by proposed plans of the development or subdivision showing all proposed buildings (or building envelopes, if applicable) and accessory facilities (including roads, access drives and parking areas, as applicable), utilizing plans with accurate topography and natural features information, containing the information prescribed for a preliminary subdivision or land development plan as specified in §§ 103-20B and 103-40 of Chapter 103, Subdivision and Land Development. The plans and accompanying information, in graphic and/or written materials, shall demonstrate compliance with all applicable standards to be met, including but not limited to feasibility of water supply, sanitary sewage disposal, lighting and storm drainage control. Where a particular plan requirement is deemed by the applicant to be either irrelevant or unduly burdensome, the applicant may request, as part of the conditional use application, a waiver from such requirements, accompanied by a statement justifying the waiver request. The Board of Supervisors, after review and recommendation by the Planning Commission, shall rule upon the waiver request prior to the commencement of the conditional use hearing.
[Amended 3-2-1992 by Ord. No. 92-03; 2-18-2003 by Ord. No. 03-02]
B. 
Procedure.
(1) 
A conditional use application shall be filed with the Township Secretary on such forms as may be prescribed by the Board of Supervisors, accompanied by the required fee. Prior to the public hearing which is held on the conditional use application, the applicant shall send a copy of the public notice which the Township prepares for advertisement of the public hearing, as well as a map identifying the location of the property which is the subject of the application, to the last known address of all property owners within a five-hundred-foot radius of the property, regardless of whether a roadway or Township boundary intersects such radius. The public notice and map shall be sent by regular mail and certified mail, return receipt requested, and mailed a minimum of two weeks before the first scheduled public hearing on the application. At the hearing, the applicant shall provide a copy of each notification and map that were sent and the certified mail green cards, if available. The hearing shall not proceed unless the applicant provides such evidence of mailing.
[Amended 11-17-2003 by Ord. No. 03-05]
(2) 
The Board of Supervisors shall provide notice of the public hearing in accordance with the requirements of the Pennsylvania Municipalities Planning Code.[1] The Board of Supervisors shall schedule and hold a public hearing on the application within 60 days from receipt of the applicant’s application unless the applicant has agreed in writing to an extension of time. Each subsequent hearing before the Board 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 Board shall assure that the applicant receives at least seven hours of hearings 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 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 the Township, be granted additional hearings to complete their opposition to the application, provided the applicant is granted an equal number of hearings for rebuttal.
[Amended 4-15-2002 by Ord. No. 02-03; 1-20-2003 by Ord. No. 03-01; 12-15-2008 by Ord. No. 08-02]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(3) 
At least 30 days prior to the date of the conditional use hearing, the Township shall forward a copy of the application and any supporting material to the Birmingham Township Planning Commission with a request that such Commission review the application and submit recommendations and comments regarding the proposed conditional use. The Township may, at its discretion, forward a copy of the application to other consulting agencies that the Board of Supervisors deems appropriate with a request that such agency review the application and submit recommendations and comments regarding the proposed conditional use.
[Amended 11-6-2000 by Ord. No. 00-15]
(4) 
The 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. The date for the Supervisors' decision may be extended by the applicant either on the record or in writing addressed to 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 upon this § 122-119, the Pennsylvania Municipalities Planning Code[2] 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.
[Amended 9-22-1997 by Ord. No. 97-14]
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
(5) 
If, after the conclusion of the public hearings, the application is amended or revised, the Board 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. In the event the Board fails to render the decision within the period required by this section, or fails to commence, conduct or complete the required hearings as provided in § 122-119B(2), 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 Board to meet or render a decision as hereinabove provided, the Board 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 section. If the Board shall fail to provide such notice, the applicant may do so.
[Added 9-22-1997 by Ord. No. 97-14; amended 4-15-2002 by Ord. No. 02-03; 1-20-2003 by Ord. No. 03-01]
C. 
Standards for review of proposed conditional use. The following standards shall be used as a guide in evaluating a proposed conditional use:
(1) 
The proposed use shall meet all of the specific standards and regulations for eligibility which appear in the section of this chapter authorizing the proposed conditional use.
(2) 
The standards set forth in Article XXI for review of special exception applications shall be met.
[Amended 3-1-1993 by Ord. No. 93-02]
A. 
General provisions. Where required herein to obtain a certificate of appropriateness pursuant to the standards and procedures set forth in Chapter 61, Historic Districts, no person shall commence any work for the erection, reconstruction, alteration, restoration, demolition or razing of any building or structure without full compliance with the terms of that chapter and this section.
B. 
Enforcement.
(1) 
In the event of a written disapproval of an application for a certificate of appropriateness by the Board of Supervisors, the Zoning Officer shall disapprove the application for a building permit and so advise the applicant.
(2) 
Upon issuance of a certificate of appropriateness, the Zoning Officer shall review the progress and status of the proposed changes and render such reports thereon to the Board of Supervisors and the Board of Historical Architectural Review as may be necessary to assure compliance with the provisions of this section and the conditions of the certificate of appropriateness.
(3) 
The Zoning Officer shall have the power to institute any proceedings at law or in equity necessary for the enforcement of provisions relating to protection of Historic Districts contained in this chapter and in Chapter 61, Historic Districts, in the same manner as in enforcement of this chapter as a whole and as authorized by the Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
C. 
Expiration of certificate of appropriateness. Once a certificate of appropriateness has been approved by the Board of Supervisors, the applicant shall have a period of one year from the date of the Board's resolution approving the certificate to obtain a building permit. If a building permit is not obtained within one year from the date of the Board's resolution approving the certificate of appropriateness, the certificate shall expire. The Board of Supervisors may agree to extend the validity of the certificate of appropriateness beyond one year by written application and without the need for a public hearing upon cause shown by the applicant. Notwithstanding the one-year limit set forth above, if the development which requires a certificate of appropriateness also requires subdivision and/or land development approval, the certificate of appropriateness shall be valid for as long as the approved plan is valid pursuant to the Pennsylvania Municipalities Planning Code.
[Added 2-7-2011 by Ord. No. 11-01]