The provisions of this chapter shall be administered and enforced
by the Zoning Officer who shall be appointed by Council. It shall
be the duty of the Zoning Officer and he/she shall have the power
to:
A. Receive
and examine all applications for building permits.
B. Issue
permits or certificates only where there is compliance with the provisions
of this chapter, with other Township ordinances, and with the laws
of the commonwealth and the federal government. Permits for construction
of uses requiring a special exception or variance shall be issued
only upon order of the Zoning Hearing Board. Permits for uses requiring
subdivision or land development approval by Council shall be issued
only after receipt of that approval is given from and linens signed
by Council.
C. Record
and file all applications for building permits with accompanying plans
and documents. All applications, plans and documents shall be a public
record.
D. Make reports
as Council may specify.
E. Receive
applications for special exceptions and variances and forward these
applications and all pertinent information to the Zoning Hearing Board
for action thereon.
F. Receive
applications for conditional uses, curative amendments and zoning
changes, forwarding requests and all pertinent information to Council,
the Planning Commission, and other appropriate agencies.
G. Following
refusal of a permit, to receive applications for interpretation appeals
and variances. These applications and all pertinent information will
then be forwarded to the Zoning Hearing Board for action thereon.
H. Conduct
inspections to determine compliance or noncompliance with the terms
of this chapter.
I. Institute civil enforcement proceedings in accordance with §§
205-204 and
205-205 of this chapter.
J. With the
approval of Council, or when directed by them, institute any appropriate
action or proceedings to prevent unlawful erection, construction,
reconstruction, alteration, repair, conversion, maintenance or use;
to restrain, correct or abate such violation, so as to prevent the
occupancy of or use of any building, structure, or land; or to prevent
any illegal act, conduct, business, or use in or about such premises.
K. Revoke
any order or building permit issued under a mistake of fact or contrary
to the law or the provisions of this chapter.
L. Maintain
a map or maps showing the current zoning classification of all land
in the Township.
M. Register nonconforming structures, uses and lots in accordance with the provisions of §
205-144 as they are brought before Council or the Zoning Officer.
[Amended 10-20-2022 by Ord. No. 2022-14]
Hereafter, no use listed in §
205-15 or
205-16 may be established or changed, no structure shall be erected, constructed, reconstructed, altered, added to, razed or removed, and no building used or occupied, or changed in use, until all necessary permits have been secured from the Zoning Officer. Upon completion of changes in use or construction, reconstruction, alteration or moving of structures, the applicant shall notify the Zoning Officer of such completion. No permit shall be considered as complete or as permanently effective until the Zoning Officer has noted on the permit that the work or occupancy and use have been inspected and approved as being in conformity with the provisions of this chapter. Only one single principal use per building is allowed.
Any erection, construction, reconstruction, alteration or moving
of a building or other structure, including a sign, authorized by
a building permit shall be commenced, and any change in use of a building
or land authorized by a building permit shall be undertaken, within
six months after the date of issuance of the permit. If not, the permit
shall be considered null and void. However, in case of erection or
construction of a building, the right to proceed with construction
may be extended annually without additional fees for an aggregate
period of not more than three years, provided that the construction
pursuant to said permit has commenced within the first one-year period.
Hereafter, no structure erected, constructed, reconstructed,
extended or moved, and no land or building changed in use under a
building permit, 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 or use complies with the terms of zoning as provided
in this chapter.
A. For businesses that are open to the public, a certificate of occupancy shall be obtained from the Pennsylvania Department of Labor and Industry in accordance with the Pennsylvania Code, Title 34, Chapters
49 to 59, before the Zoning Officer issues a certificate of occupancy.
B. No certificate
shall be issued until the premises in question has been inspected
and found by the Zoning Officer to be in compliance with this chapter.
No fee shall be charged for a certificate of occupancy. The issuance
of a certificate of occupancy in no way absolves the owner or authorized
agent from compliance with the intent of this chapter.
C. All applications
for certificates of occupancy shall be made, in writing, by the owner
or authorized agent on a form supplied by the Zoning Officer at the
time of application for a building permit.
D. A certificate
of occupancy shall become void 90 days from the date of issuance unless
occupancy, use or change of use is commenced.
All applicants for all permits shall, at the time of making
application, pay to the Zoning Officer for the use of the Township
a fee in accordance with the fee schedule adopted by resolution of
Council upon the enactment of this chapter or as such schedule may
be amended by resolution of Council.
The Planning Commission shall review applications referred to it under §
205-178 for conditional uses, curative amendments and zoning changes, and applications for subdivisions and land developments pursuant to Chapter
177, Subdivision and Land Development. In reviewing applications under §
205-178, the Planning Commission shall follow the same procedure employed in reviewing subdivision and land development plans. The Planning Commission shall submit its recommendations and findings to Council within 45 days of receipt of the application from the Zoning Officer. Should the Planning Commission fail to submit a report and recommendations to Council within 45 days from receipt of the application from the Zoning Officer, the application shall be deemed acceptable to the Planning Commission.
Council shall have exclusive jurisdiction to hear and render
final adjudications in the following matters:
A. All applications for subdivisions and land developments pursuant to Chapter
177, Subdivision and Land Development.
B. Applications for conditional uses pursuant to §
205-178 of this chapter.
C. Applications for curative amendments pursuant to Article
XXXII, §
205-198, of this chapter.
D. All petitions for amendments to land use ordinances pursuant to Article
XXXII, §
205-197 of this chapter.
E. Appeals
from the determination of the Zoning Officer or Township Engineer
in the administration of any land use ordinance or provisions thereof
with reference to sedimentation and erosion control and stormwater
management insofar as the same relate to an application for a subdivision
or land development.
Hearings held by Council pursuant to this chapter, except for those required in §
205-198, shall be conducted in accordance with the following requirements:
A. The parties
to the hearing shall be Council, any person affected by the application
who has made timely appearance of record and any other person including
civic or community organizations permitted to appear by Council. Council
may require that all persons who wish to be considered parties enter
appearances, in writing, on forms provided for that purpose.
B. The President
or Vice President of Council shall have the power to administer oaths
of witnesses.
C. The parties
shall have the right to be represented by counsel and shall be afforded
the opportunity to respond and present evidence and argument and cross
examine adverse witnesses on all relevant issues.
D. Formal
rules of evidence shall not apply, but irrelevant, immaterial or unduly
repetitious evidence may be excluded.
E. The Township
at its discretion may require a stenographic record of the proceedings,
and such transcript of the proceedings and copies of graphic or written
material received in evidence shall be made available to any party
at cost.