A.
A Zoning Officer shall administer and enforce this chapter, including,
but not limited to, the receiving of applications, the inspection
of premises and the issuing of zoning and occupancy permits. No zoning
or occupancy permit shall be issued by the Zoning Officer except where
the provisions of this chapter have been complied with. The Zoning
Officer shall be appointed by the Township Commissioners and shall
hold no elective office in the Township. The Zoning Officer shall
meet the qualifications established by the Township and shall be able
to demonstrate, to the satisfaction of the Township, a working knowledge
of municipal zoning.
B.
The Zoning Officer shall be empowered to institute civil enforcement
proceedings as a means of enforcement when acting within the scope
of his/her employment.
The enforcement notice shall contain the following information:
A.
The name of the owner of record and any other person against whom
the Township intends to take action.
B.
The location of the property in violation.
C.
The specific violation, with a description of the requirements which
have not been met, citing in each instance the applicable provisions
of this chapter.
D.
The date before which the steps for compliance must be commenced
and the date before which the steps must be completed.
E.
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.
F.
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.
A.
Any person, partnership or corporation who or which has violated
or permitted the violation of the provisions of this chapter 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 attorney 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 District Justice. 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 District
Justice, 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 District Justice, and thereafter, each day that a violation
continues shall constitute a separate violation. All judgments, costs
and reasonable attorney fees collected for the violation of this chapter
shall be paid over to the Township.
B.
The Court of Common Pleas, upon petition, may grant an order of stay,
upon cause shown, tolling the per diem fine pending a final adjudication
of the violation and judgment.
C.
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than the Township the right
to commence any action for enforcement pursuant to this section.
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, the Township Commissioners
or, with the approval of the Township Commissioners, the Township
Zoning Officer or a designated representative of the Township, in
addition to other remedies, may institute in the name of the Township
any appropriate action or proceedings to prevent, restrain, correct
or abate such building, structure, landscaping or land or to prevent
in or about such premises any act, conduct of business or use constituting
a violation.
In order not to unreasonably delay the time when a landowner
may secure assurance that the ordinance or map under which he proposed
to build is free from challenge, and recognizing that the procedure
for preliminary approval of his development may be too cumbersome
or may be unavailable, the landowner may advance the date from which
time for any challenge to the ordinance or map will run under Section
914.1 of the Pennsylvania Municipalities Planning Code by the following
procedure:
A.
The landowner may submit plans and other materials describing his
proposed use or development to the Zoning Officer for a preliminary
opinion as to their compliance with the applicable ordinances and
maps. Such plans and other materials shall not be required to meet
the standards prescribed for preliminary, tentative or final approval
or for the issuance of a building permit so long as they provide reasonable
notice of the proposed use or development and a sufficient basis for
a preliminary opinion as to its compliance.
B.
If the Zoning Officer's preliminary opinion is that the use or development
complies with the ordinance or map, notice thereof shall be published
once each week for two successive weeks in a newspaper of general
circulation in the municipality. Such notice shall include a general
description of the proposed use or development and its location, by
some readily identifiable directive, and the place and times where
the plans and other materials may be examined by the public. The favorable
preliminary approval under Section 914.1 and the time therein specified
for commencing a proceeding with the Board shall run from the time
when the second notice thereof has been published.
A.
All applications for conditional use approval shall be submitted on forms supplied by the Township and shall be accompanied by the required fee. All conditional use applications shall include a land development plan, as required by § 190-501 of this chapter, and a written statement indicating compliance with all applicable express standards and criteria of § 190-503 of this chapter.
B.
The Township Commissioners shall refer all conditional use applications
to the Planning Commission for review and written recommendation at
least 30 days prior to the public hearing on the application. If the
recommendation of the Planning Commission is not received within 30
days of the date that the application is referred to the Commission,
the Township Commissioners may act on the application without the
recommendation of the Planning Commission.
C.
The Township Commissioners shall conduct a public hearing on the
application for conditional use approval as per the provisions of
Section 908 of the Pennsylvania Municipalities Planning Code, and
shall act on the application within 45 days of the conclusion of the
last public hearing on the application.
D.
In considering an application for conditional use, the Township Commissioners
may prescribe reasonable and appropriate conditions and safeguards
to protect the public health, safety and welfare.
A.
When required.
(1)
No building or structure shall be erected, added to or structurally
altered until a permit therefor has been issued by the Zoning Officer.
Construction and/or alteration, as authorized by an approved permit,
shall begin within the period of 90 days of the date of issuance;
otherwise, the permit shall be null and void. All applications for
zoning permits shall be in accordance with the requirements of this
chapter, and except upon written order of the Zoning Hearing Board,
no such zoning permit shall be issued for any building where said
construction, addition or alteration for use thereof would be in violation
of any of the provisions of this chapter.
(2)
Remodeling or improvement of existing buildings which does not
alter the basic structure, create additional lot area coverage or
change the use of the parcel or building is exempt from the requirement
to obtain a zoning permit, provided that the estimated cost of such
activities does not exceed 50% of the fair market value.
B.
Applications for zoning approval for conditional uses, and uses by
special exception where specified, shall be referred by the Zoning
Officer to the appropriate approving agencies. The Zoning Officer
shall not issue a permit for development of any conditional use, or
use by special exception where specified, until the approval has been
granted by the Township Commissioners or Zoning Hearing Board, whichever
is applicable. Any permits issued shall be subject to all conditions
attached to the approval of the use by the Township Commissioners
or Zoning Hearing Board, whichever is applicable. If the establishment
of the proposed use has not taken place or construction of the proposed
use is not initiated and diligently pursued within 24 months of the
approval of the conditional use or use by special exception where
specified, the approval shall expire without written notice to the
applicant.
C.
There shall be submitted with all applications for zoning permits
two copies of a layout or plot plan, drawn to scale, showing the actual
dimensions of the lot to be built upon, the exact size and location
of the building on the lot and accessory buildings to be erected and
other such information as may be deemed necessary by the Zoning Officer
to determine and provide for the enforcement of this chapter. In addition
to meeting all requirements of this chapter, proof of appropriate
commonwealth agency review will be required on all public buildings
or uses requiring commonwealth approval, consistent with the provisions
of the Pennsylvania Uniform Construction Code.
D.
Fee. One copy of such layout or plot plan shall be returned when
approved by the Zoning Officer, together with the permit to the applicant,
upon payment of the fee as predetermined based on a fee schedule adopted
by resolution of the Township Commissioners
A.
When required.
(1)
Applications for zoning approval for conditional uses, and uses
by special exception where specified, shall be referred by the Zoning
Officer to the appropriate approving agencies. The Zoning Officer
shall not issue a permit for development of any conditional use, or
use by special exception where specified, until the approval has been
granted by the Township Commissioners or Zoning Hearing Board, whichever
is applicable. Any permits issued shall be subject to all conditions
attached to the approval of the use by the Township Commissioners
or Zoning Hearing Board, whichever is applicable. If the establishment
of the proposed use has not taken place or construction of the proposed
use is not initiated and diligently pursued within 24 months of the
approval of the conditional use, or use by special exception where
specified, the approval shall expire without written notice to the
applicant.
(2)
There shall be submitted with all applications for zoning permits
two copies of a layout or plot plan, drawn to scale, showing the actual
dimensions of the lot to be built upon, the exact size and location
of the building on the lot and accessory buildings to be erected and
other such information as may be deemed necessary by the Zoning Officer
to determine and provide for the enforcement of this chapter. In addition
to meeting all requirements of this chapter, proof of appropriate
commonwealth agency review will be required on all public buildings
or uses requiring commonwealth approval, consistent with the provisions
of the Pennsylvania Uniform Construction Code.
(3)
Fee. One copy of such layout or plot plan shall be returned
when approved by the Zoning Officer, together with the permit to the
applicant, upon payment of the fee as predetermined based on a fee
schedule adopted by resolution of the Township Commissioners.
(4)
Any authorized new construction, alteration, remodeling, change
of use of building or land completed under the provisions of a zoning
permit shall not be occupied until an occupancy permit has been issued
by the Zoning Officer. Written requests to the Zoning Officer shall
be processed within one week of receipt of the request of the proposed
use, provided that the use is in conformity with the provisions of
this chapter and other effective and applicable ordinances. The Zoning
Officer's refusal to issue an occupancy permit shall include a written
statement to the applicant containing reasons for such denial and
citing the specific provisions of this chapter which have not been
met.
(5)
Occupancy permits are required for the following:
(a)
Occupancy of a new building.
(b)
Occupancy and use of a building hereafter moved or altered so
as to require a zoning permit.
(c)
Change in the use of an existing building other than to a use
of the same type.
(d)
Occupancy and use of vacant land.
(e)
Change in the use of land except to another use of the same
type.
(f)
Any change in the use of a nonconforming use.
(g)
Any change of ownership of an existing dwelling or other building.
(6)
Occupancy permits shall state that the building or the proposed
use of a building or land complies with all provisions of law and
of this chapter and all other ordinances of the Township. Occupancy
permits are deemed to authorize and are required for both initial
and continued occupancy and use of the building and land, so long
as such building and use is in full conformity with the provisions
of this chapter.
B.
Application for an occupancy permit shall be returned when approved
by the Zoning Officer, together with the occupancy permit upon payment
of the prescribed fee. The fee for occupancy permits shall be in accordance
with the fees as predetermined from a fee schedule adopted by resolution
of the Township Commissioners.
A.
Temporary use permits are required where it is intended that a mobile,
temporary or seasonal use be located anywhere within the Township
for a short period of time. Temporary use permits are valid for a
period of up to six weeks during any one calendar year and are limited
to the time periods as specified herein.
B.
Temporary permits are required for and in accordance with the following:
(1)
Selling of Christmas trees on lots in commercial districts or
at churches, schools, clubs and lodges with the permission of the
owner for a maximum of four weeks.
(2)
Carnival, circus or street fairs and car cruises for a maximum
of one week.
(3)
Mobile amusements and lighting equipment for promotion, advertisement
and grand openings for a maximum of two weeks.
(4)
Camping and recreational equipment in residential districts
for a maximum of one week.
C.
No temporary use permit shall be issued for any temporary use where
said use would violate any of the provisions of this chapter.
Fees for zoning permits, temporary permits and occupancy permits
shall be in accordance with the fees as predetermined from a fee schedule
adopted from time to time by resolution of the Township Commissioners.
The fee schedule shall be available to the public in the office of
the Township Secretary.
