The Zoning Officer, who shall be appointed by the governing
body, shall:
A. Administer and enforce the provisions of this chapter in accordance
with its literal terms and shall not have the power to permit any
construction or any use or chance of use which does not conform to
this chapter.
B. Issue zoning certificates and building permits.
C. Maintain a permanent file of all zoning certificates and applications
as public records.
D. Identify and register all nonconforming uses.
[Amended 12-28-1998 by Ord. No. 917]
Any person, partnership or corporation who or which shall violate
the provisions of this chapter shall be subject to the penalties provided
by the Pennsylvania Municipalities Planning Code, 53 P.S. § 10617.2.
In case any building, structure or land is or is proposed to
be erected, constructed, reconstructed, altered, converted, maintained
or used in violation of this chapter, the Board of Commissioners,
in addition to other remedies, may institute in the name of the municipality
any appropriate action or proceeding to prevent, restrain, correct
or abate such building, structure or land or to prevent, in or about
such premises, any act, conduct, business or use constituting a violation.
The governing body may amend this chapter as proposed by a member
of the governing body, by the Planning Commission or by a petition
of a person residing or owning property within the municipality in
accordance with the following provisions.
A. Petitions for amendment shall be filed with the Planning Commission,
and the petitioner, upon such filing, shall pay an advertising deposit
and a filing fee in accordance with a schedule fixed by resolution. The Planning Commission shall review the proposed amendment
and report its findings and recommendations, in writing, to the governing
body and to the petitioner. The proposed amendment shall be introduced
before the governing body only if a majority of the governing body
elects to do so. If an amendment proposed by petition is not introduced,
the advertising deposit shall be refunded to the petitioner, otherwise
such deposit shall be paid to the municipality.
B. Any proposed amendment introduced by a member of the governing body
without written findings and recommendations from the Planning Commission
shall be referred to the Planning Commission for review at least 30
days prior to public hearing by the municipality.
C. Public hearing and notice requirements.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1) Before
voting on the enactment of an amendment, the Board of Commissioners
shall hold a public hearing thereon, pursuant to public notice, and
pursuant to mailed notice and electronic notice if applicable per
53 P.S. § 10109. Such notice shall state the time and place
of the hearing and the particular nature of the matter to be considered
at the hearing. The first publication shall not be more than 30 days
and the second publication shall not be less than seven days from
the date of the hearing.
(2) In
addition, if the proposed amendment involves a Zoning Map change,
notice of said public hearing shall be conspicuously posted by the
Township at points deemed sufficient by the Township along the tract
to notify potentially interested citizens. The affected tract or area
shall be posted at least one week prior to the date of the hearing.
(3) Further,
at least 30 days prior to the hearing date, notice of the public hearing
shall be mailed to property owners within the area being rezoned.
(4) If,
after any public hearing held upon an amendment, the proposed amendment
is changed substantially, or is revised, to include land previously
not affected by it, the Board of Commissioners shall hold another
public hearing, pursuant to public notice, and mailed notice and electronic
notice, if applicable, before proceeding to vote on the amendment.
In accordance with law, the governing body shall appoint and
organize a Zoning Hearing Board, which board shall adopt rules to
govern its procedure. The Board shall hold meetings, keep minutes
and, pursuant to notice, shall conduct hearings, compel the attendance
of witnesses, take testimony under oath and render decisions, in writing,
all as required by law. A fee shall be charged in accordance with
a schedule fixed by resolution for any appeal or proceeding filed
with the Zoning Hearing Board. The Zoning Hearing Board shall have the functions, powers
and obligations specifically granted by law.