It is the purpose of these regulations to prescribe the procedure by which the administration of this chapter shall take place. Nothing contained within this section shall be interpreted as limiting the adoption of administrative regulations which do not supersede required stated procedures.
A. 
Administration. The duty of administering and enforcing the provisions of this chapter is hereby conferred upon the Zoning Officer, who shall have such powers as are conferred on him by this chapter or any other Township ordinance or according to law. The Zoning Officer shall be appointed by the Supervisors. The Zoning Officer shall not hold any elective office in the Township. The Zoning Officer shall meet qualifications established by the Township and shall demonstrate to the satisfaction of the Supervisors a working knowledge of municipal zoning.
(1) 
Duties. The duties of the Zoning Officer shall be:
(a) 
To receive appeals and applications for conditional uses, curative amendments, zoning amendments, special exceptions and variances and forward them to the Supervisors, Planning Commission, Board, or other agencies, as appropriate;
(b) 
To examine all applications for permits;
(c) 
To issue permits only for construction and uses which are in accordance with the regulations of this chapter and other applicable ordinances as may be subsequently amended;
(d) 
To record and file in the Township Building all applications for permits with the accompanying plans;
(e) 
To issue permits for uses by special exception only after such uses and buildings are approved by the Zoning Hearing Board in accordance with the regulations of this chapter;
(f) 
To receive all required fees;
(g) 
To inspect nonconforming uses, buildings and signs when requested by the landowner or the Supervisors, and to keep a filed record of such nonconforming uses and buildings as a public record;
(h) 
Upon the request of the Planning Commission or of the Board, to present such body facts, records, and any similar information on specific requests to assist such body in reaching its decision;
(i) 
To be responsible for keeping up-to-date this chapter and accompanying Zoning District Map;
(j) 
When any of the provisions of this chapter are being violated, to issue enforcement notices in writing by certified registered mail or served personally 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;
(k) 
To revoke by order any zoning permit or certificate of occupancy issued under a mistake of fact or contrary to the law or the provisions of this chapter.
(2) 
Enforcement notice. An enforcement notice shall state at least the following:
(a) 
The name of the owner of record and any other person against whom the municipality 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 the ordinance;
(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 Board within 30 days from the date delivered or postmarked if mailed; and
(f) 
That failure to comply with the notice within the time specified, unless extended by appeal to the Board, constitutes a violation with possible sanctions clearly described.
B. 
Enforcement. This chapter shall be enforced by the designated Zoning Officer. No permit of any kind shall be granted for any purpose except in compliance with the provisions of this chapter or a decision of the Board or the courts. No zoning permit for the erection, construction, reconstruction, or alteration of a building or structure shall be issued until prior approvals and requirements of this chapter and Chapter 305, Subdivision and Land Development, have been complied with, including but not limited to site plan approval, conditional use, special exception, planned residential development, and recording of the final plat of a subdivision or land development. Any zoning permit issued in conflict with the provisions of this chapter shall be null and void.
C. 
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 provided by this chapter, and record disposition.
A. 
Simultaneous processing of applications. Where possible without creating an undue administrative burden on the Township's staff or decisionmaking bodies, simultaneous processing of applications for different approvals which may be required for the same development project shall be permitted in order to make the review process as short as possible for a development project. Such possibilities for concurrent filing and processing of applications include, but are not limited to, the following:
(1) 
An application for land development approval along with a conditional use or special exception;
(2) 
A variance along with a conditional use and preliminary subdivision plat or land development plan;
(3) 
A zoning amendment along with a conditional use and preliminary subdivision plat or land development plan.
B. 
Special timing. Some forms of approval, such as zoning permits, necessarily depend on the applicant's having previously received another form of approval, such as land development approval under Chapter 305, Subdivision and Land Development, or conditional use approval, or require the applicant to take particular action within some time period following the approval in order to avoid having the approval lapse. Therefore, even though this section intends to accommodate the simultaneous processing of different types of applications, the applicant should note that each of the permits and approvals required under this chapter and Chapter 305, Subdivision and Land Development, may have special timing and sequencing requirements that prevent simultaneous reviews.
A. 
Requirements for zoning permits. A zoning permit shall be required prior to the erection, construction or alteration of any building, structure or any portion thereof, prior to the moving of a building into the Township, from one place in the Township to another, prior to change in use of a building or land, and prior to the change or extension of nonconforming use.
B. 
Application for permits. Application for permits shall be made in writing to the Zoning Officer on such forms as may be furnished by the Township. Such application shall include building and plot plans of a satisfactory nature in duplicate and shall contain all information necessary for such Officer to ascertain whether the proposed erection, alteration, use, or change in use complies with the provisions of this chapter. No permit shall be considered complete or permanently effective until the Zoning Officer has certified that the work meets all the requirements of applicable codes and ordinances.
C. 
Site plan approval.
(1) 
When required. Uses of all property in the Township, except signs; individual single-family detached dwellings and mobile homes on individual lots; accessory uses permitted by right; and conditional uses, special exception uses, and planned residential development, shall, in addition to conforming to other specific or general regulations of this chapter pertaining thereto, be in accordance with a site plan or plans approved by the Planning Commission or if the development constitutes a land development under Chapter 305, Subdivision and Land Development, by the body which has preliminary plan approval authority under Chapter 305, Subdivision and Land Development.
(2) 
Site plan application content. All applications for development for a zoning permit requiring site plan approval shall be in the form set forth in this chapter and Chapter 305, Subdivision and Land Development, if applicable. The application for development for a zoning permit requiring site plan approval shall include the following:
(a) 
Seven copies: application form provided by the Township and completed by the applicant.
(b) 
Application fee.
(c) 
Seven copies: site plan, which shall show, as proposed, on a survey the existing and proposed location of main and accessory structures on the site and in relation to one another, including existing and proposed elevations; traffic circulation features within the site; the location of vehicular access onto the site; the height and bulk of structures; the provision of automobile parking spaces; the provision of other open space on the site; the landscaping, all proposed drainage, paving, fences and walls on the site, and the display of signs. In addition, the site plan shall include a zoning table formatted to include actual (provided) and required area, bulk and parking regulations. If the development is a land development requiring approval under Chapter 305, Subdivision and Land Development, the applicant shall combine the site plan with the preliminary and final development plan and seek simultaneous processing.
D. 
Issuance of permits. No zoning 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.
E. 
Time limitations. Permits that do not require site plan approval shall be granted or refused within 20 days after date of application. Permits that require site plan review shall be granted or refused within 90 days after date of application. In case of refusal, the refusal shall contain a brief explanation setting forth the reasons for said disapproval and the manner in which the application can be corrected and/or modified to obtain the required approval. In addition, the applicant shall be informed of his right to appeal to the Board.
F. 
Expiration of permits. No permit for the erection, razing, change, alteration, or removal of buildings or structures shall be valid or effective after 12 months from the date of issuance thereof and shall thereafter be void, unless the work authorized by such permit shall have been substantially commenced and proceeding diligently. If, however, the applicant has been delayed in proceeding with the work for which the permit was granted by reason of any reasonable cause not due to his own negligence, the permit may be renewed without additional cost to the applicant.
G. 
Certificate of occupancy.
(1) 
Upon completion of the erection, alteration or change of occupancy of any building or portion thereof authorized by any permit, and prior to occupancy of use, the holder of such permit shall notify the Zoning Officer of such completion or change of occupancy. No permit shall be considered complete or permanently effective, nor shall any building be occupied or lot used, until said official has issued an occupancy permit certifying that the work has been inspected and approved as being in conformity with the permit and the provisions of this chapter and other applicable ordinances. When it is requested by the Zoning Officer in order to verify conformity with this chapter, the permittee shall submit an as-built survey of the lot and structures and other features.
(2) 
Mobile home parks. A certificate of occupancy for a mobile home park shall be valid for a period of one year. Renewal permits for a like period shall be issued, provided that the subject mobile home park has maintained the standards prescribed in this chapter and all applicable Commonwealth of Pennsylvania regulations.
(3) 
In commercial and industrial zoning districts in which performance standards are imposed, subject to §§ 350-38 and 350-39 of this chapter, no certificate of occupancy shall become permanent until 30 days after the facility is fully operating, when upon a reinspection by the Zoning Officer it is determined that the facility is in compliance with all performance standards.
(4) 
Certificate of occupancy shall be granted or denied within 10 days from the date of application.
H. 
Temporary permits. A temporary permit may be issued when authorized by the Board as a special exception for a temporary structure or use which it deems beneficial to the public health or general welfare or which it deems necessary to promote the proper development of the community, provided that such structure or use shall be completely removed upon expiration of the permit without cost to the Township. Such a permit shall be issued for a specified period of time not to exceed six calendar months and may be renewed for an aggregate period of not more than two years. The temporary structure or use may be one which is not otherwise authorized in the zoning district in which it is to be located.
A. 
Fee schedule. The Supervisors shall adopt, by resolution, a schedule of fees, charges and expenses, as well as a collection procedure for zoning permits, planned residential development, special permits, special exceptions, variances, amendments and other matters pertaining to the ordinance. Said schedule of fees shall be posted in the office of the Zoning Officer.
B. 
No application for any Zoning permit, planned development, conditional use, special exception, variance, amendment or other matter shall be considered unless or until such fees, costs, charges or expenses adopted by the Supervisors have been paid in full, nor shall any action be taken on proceedings before the Board unless or until the preliminary charges or fees have been paid in full.
C. 
The fee schedule adopted by the Supervisors may be revised from time to time by resolution of the Supervisors.
D. 
All fees shall be paid into the Township treasury.
A. 
General. This chapter and district boundaries as shown on the Zoning Map may, from time to time, be amended, supplemented, changed, modified, or repealed upon recommendation of the Planning Commission, upon the initiation of the Supervisors, or upon petition to the Supervisors by one or more landowners of property to be affected by the amendment. A landowner curative amendment shall conform to the requirements for a proposed amendment initiated by petition of landowners.
B. 
Enactment of amendments.
(1) 
Public hearing. The Supervisors shall hold a public hearing on a proposed amendment pursuant to public notice before voting on enactment of an amendment. The Supervisors shall, by resolution adopted at a public meeting, fix the time and place of a public hearing on the proposed amendment and cause public notice to be given. 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. Written notices shall also be sent to adjacent property owners and property owners within 300 feet of the property involved in an application for a Zoning Map change. Notices shall be sent by regular mail no more than 30 days nor less later than seven days prior to the date of the public hearing.
(2) 
Publication and advertisement. Proposed amendments shall not be enacted unless notice of proposed enactment is given in the manner set forth in this section. The notice of enactment shall include the time and place of the meeting at which passage will be considered, a reference to a place within the Township where copies of the proposed amendment may be examined without charge or obtained for a charge not greater than the cost thereof. The Supervisors shall publish the proposed amendment once in one newspaper of general circulation in the Township not more than 60 days nor less than seven days prior to passage. Publication of the proposed amendment shall include either the full text thereof or the title and a brief summary, prepared by the Township Solicitor and setting forth all the provisions in reasonable detail. If the full text is not included:
(a) 
A copy thereof shall be supplied to a newspaper of general circulation in the Township the time the public notice is published.
(b) 
An attested copy of the proposed amendment shall be filed in the county law library or other county office designated by the County Commissioners.
(3) 
Planning Commission review. In the case of an amendment other than that prepared by the Planning Commission, the Supervisors shall submit each such amendment to the Planning Commission at least 30 days prior to the hearing on such proposed amendment to provide the Planning Commission an opportunity to submit recommendations.
(4) 
Revised amendment.
(a) 
Additional public hearing. 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 Supervisors shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment.
(b) 
Additional advertisement. In the event substantial amendments are made in the proposed amendment, before voting upon enactment, the Supervisors shall, at least 10 days prior to enactment, readvertise, in one newspaper of general circulation in the municipality, a brief summary setting forth all the provisions in reasonable detail together with a summary of the amendments.
(5) 
County Planning Commission review. At least 30 days prior to the public hearing on the amendment by the Supervisors, the Supervisors shall submit the proposed amendment to the County Planning Commission for recommendations.
(6) 
Application content. Proposed amendments initiated by petition of landowners shall include the following:
(a) 
Application form approved by the Planning Commission and completed by the applicant;
(b) 
A statement justifying the petition;
(c) 
A precise legal description of the property proposed to be rezoned;
(d) 
A survey of the property proposed to be rezoned; and
(e) 
The fee determined by the Supervisors.
(7) 
Copy of enacted amendment. Within 30 days after enactment, a copy of the amendment shall be forwarded to the County Planning Commission.
C. 
Procedure for landowner curative amendments.
(1) 
Application content. A landowner who desires to challenge on substantive grounds the validity of this chapter or the Zoning Map or any provision of this chapter, which prohibits or restricts the use or development of land in which he has an interest, may submit an application for curative amendment and substantive challenge to the validity of the Zoning Ordinance to the Supervisors. Such application shall include the following:
(a) 
All items required for a zoning amendment set forth in § 350-74B(6);
(b) 
A written request that the challenge and proposed amendment be heard and decided as provided in Section 916.1 of the MPC[1] and including the reasons for the challenge;
[1]
Editor's Note: See 53 P.S. § 10916.1.
(c) 
Plans and explanatory materials describing the use or development proposed by the landowner in lieu of the use or development permitted by the challenged ordinance or map. Such plans or other materials shall not be required to meet the standards prescribed for preliminary, tentative or final approval or for the issuance of a permit, so long as they provide reasonable notice of the proposed use or development and a sufficient basis for evaluating the challenged ordinance or map in light thereof;
(d) 
An amendment or amendments to the ordinance proposed by the landowner to cure the alleged defects in this chapter.
(2) 
Hearing. The Supervisors shall commence a hearing thereon within 60 days of the request as provided in Section 916.1 of the MPC,[2] and notice of the hearing shall be given as provided in § 350-74B(1), Public hearing; B(2), Publication and advertisement; and B(4), Revised amendment. The hearing shall be conducted in accordance with Sections 609.1 and 908 of the MPC.[3] Written notices shall also be sent to adjacent property owners and property owners within 300 feet of the property involved in the application for a curative amendment. Notices shall be sent by regular mail no more than 30 days nor less later than seven days prior to the date of the hearing.
[2]
Editor's Note: See 53 P.S. § 10916.1.
[3]
Editor's Note: See 53 P.S. §§ 10609.1 and 10908, respectively.
(3) 
Legal representation.
(a) 
The Township Solicitor shall represent and advise the Supervisors at the hearings on the curative amendment.
(b) 
The Supervisors may retain an independent attorney to present the defense of the challenged ordinance or map on the Township's behalf and to present their witnesses on its behalf.
(4) 
The procedure for landowner curative amendments and substantive challenges to the validity of this chapter shall be governed by Sections 609.1 and 908 of the MPC.[4] The Supervisors shall render a written decision within 45 days after the last hearing.
[4]
Editor's Note: See 53 P.S. §§ 10609.1 and 10908, respectively.
(5) 
Planning agencies reviews. The curative amendment and challenge shall be referred to the planning agencies as provided in § 350-74B(3) and (5) of this chapter.
A. 
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, the Supervisors or, with the approval of the Supervisors, an officer of the Township, 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.
B. 
Penalties. For any and every violation of the provisions of this chapter, 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 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 the ordinance 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 attorney fees collected for the violation of this chapter shall be paid over to the Township.