For the administration and enforcement of this chapter, a Zoning
Officer, who shall not hold any elective office in the Township, shall
be appointed. The Zoning Officer shall meet qualifications established
by the Board of Supervisors and shall demonstrate to the satisfaction
of the Board of Supervisors a working knowledge of municipal land
use and zoning.
The Zoning Officer shall have exclusive jurisdiction in the
administration and enforcement of this chapter and shall be empowered
thereby to exclusively render land use determinations regarding the
application and enforcement of the Zoning Ordinance and any provision
therein.
A.
The Zoning Officer shall administer the Zoning Ordinance in accordance
with its literal terms, and shall not have the power to permit any
construction or any use or change of use or occupancy which does not
conform to the specific requirements of this chapter.
B.
It shall further be the duty of the Zoning Officer, and he is hereby
granted the exclusive power and authority, to:
(1)
Receive and review all applications and plans and issue permits
when there is compliance with all of the provisions of this chapter,
other Township ordinances and with the laws of the commonwealth. In
the case of permit denial, the Zoning Officer shall cite the specific
section(s) of noncompliance in a written land use determination and
shall specify the appeal process from said determination.
(2)
Review all subdivision and land development plans and issue
a written report to the Planning Commission, Zoning Hearing Board,
and Board of Supervisors, as the case may be, regarding the plans'
conformance or nonconformance with the requirements of this chapter.
All provisions of noncompliance shall be cited by chapter section
and subsection.
(3)
Enforce the provisions of this chapter by the issuance of enforcement
orders or by other means. Such written orders shall be served personally
or by certified mail upon the persons, firms, or corporations deemed
by the Zoning Officer to be in violation of the terms of this chapter.
(4)
Receive applications for special exceptions, variances and appeals
from Zoning Officer determinations and forward these applications
and appeals to the Zoning Hearing Board for public notice, hearing
and written decision in accordance with this chapter.
(5)
Receive applications for conditional uses and forward said applications
to the Board of Supervisors for public notice, hearing and written
decision in accordance with this chapter.
(6)
Receive applications for preliminary opinions and render written
land use determinations thereof in accordance with this chapter.
(7)
Conduct, or have conducted by his designated representative,
investigations and inspections as required to determine compliance
or noncompliance with the terms of this chapter.
(8)
Institute civil enforcement proceedings before the District
Justice, or other court of competent jurisdiction, as a means of enforcement
when acting within the scope of his employment.
(9)
Keep a permanent record of all plans and applications for permits,
and all permits issued and denied including any special conditions
and/or notations regarding same. All records, excluding ongoing enforcement
proceeding, shall be open for public inspection upon appropriate notice
to the Zoning Officer.
(10)
Maintain the Official Zoning Map showing the current zoning
classifications of all land in the Township.
(11)
Present such additional facts, records, and/or similar information
to the Planning Commission, Zoning Hearing Board, or Board of Supervisors
upon their request.
In interpreting the language of the Zoning Ordinance to determine
the extent of restriction upon the use of property, the Zoning Officer
shall interpret said language, where doubt exists as to the intended
meaning of the language written and enacted by the Board of Supervisors,
in favor of the property owner and against any implied extension of
said restriction.
There shall be no change of use of land or a structure or portion
thereof, and prior to the change, alteration, or extension of a nonconforming
use or structure, or the construction, razing, moving, erection, structural
change, alteration of, or addition to, any structure or portion thereof,
the grading or earth moving, and/or erection of any stationary sign
unless and until a valid permit has been approved by, and acquired
from, the Towamencin Township Zoning Officer or his designated representative
in conformance with all the regulations and procedures herein specified.
Failure to obtain a required permit shall constitute a violation of
this chapter as herein provided.
Applications for permits shall be made in writing by the owner
or his duly authorized agent to the Zoning Officer on such forms as
may be furnished by the Township. Each application shall contain all
information necessary for the Zoning Officer to ascertain whether
the proposed erection, alteration, use or change of use and/or occupancy
complies with the provisions of this chapter. The Zoning Officer at
a minimum may require any or all of the following information to be
provided:
A.
The name of the applicant and the owner of record of the property
in question along with the property identification by street address
and Tax Map, block and unit number.
B.
A statement as to the existing and proposed use of the building and/or
land.
C.
A plot plan showing the location, dimensions, and height of existing
and proposed buildings and uses including their relationship, orientation
and distance to all property and street lines.
D.
The location, size, arrangement, and capacity of all areas to be
used for motor vehicle access, off-street parking, off-street loading
and unloading, and provisions to be made for lighting such areas as
may be required by this chapter.
E.
The location, dimensions, and arrangements of all open spaces, yards,
sewage disposal systems, wells, and buffer yards, including methods
to be employed for screening as may be required by this chapter.
F.
Provisions to be made for the treatment and disposal of effluent,
for an adequate water supply, and storm drainage as may be required
by this chapter.
G.
The capacity and arrangement of all buildings used or intended to
be used for dwelling and other purposes, including the proposed density
in terms of dwelling units per acre.
H.
In the case of grading, as defined by this chapter, a description
of the methods to be employed for the control of soil erosion, sedimentation
and stormwater runoff, to include:
(1)
A grading plan showing and describing all changes to the site
including cuts, fills, first floor elevations, paving, utilities,
rights-of-way, easements, the exact location of on-site waste disposal
systems, wells and reserved waste disposal system areas, when applicable.
Fees for permits and certificates of use and occupancy shall
be paid in accordance with a fee schedule as adopted by resolution
of the Board of Supervisors and all such fees shall be paid into the
Township Treasury. Each applicant for a permit, certificate, appeal,
special exception, variance, conditional use, preliminary opinion,
or other requested activity regulated by this chapter shall, at the
time of making application, pay a fee in accordance with the aforementioned
fee schedule for the cost of administrative and technical review and
processing of said application by the Township.
Permits shall be granted or denied after a complete written
application has been filed with the Zoning Officer. All land use activities
authorized by the Zoning Officer shall comply with all applicable
provisions of this chapter and/or written decision of the Zoning Hearing
Board, as the case may be.
A.
Any erection, construction, reconstruction, alteration, or moving
of a building or other structure including a sign authorized by a
permit or decision of the Zoning Hearing Board shall be commenced,
and any change in use of a building or land authorized by a permit
or decision of the Zoning Hearing Board shall be undertaken, within
six months after the date of issuance of the permit or written decision
of the Board, provided:
(1)
In the case of a decision of the Zoning Hearing Board, that,
prior to the six-month expiration, written request for a time extension
is made by the applicant to the Zoning Hearing Board, and that the
Zoning Hearing Board may, at its discretion, grant or deny an extension
of time to obtain a permit and/or commence the previously authorized
activity. Written request for a time extension shall not require a
formal application or fee provided that all action taken by the Board
regarding said request is conducted in an open public meeting and
further provided that the applicant provide, or compensate the Township
for, adequate public notice.
(2)
In the case of a permit issued by the Zoning Officer, that prior
to the six-month expiration, written request for a time extension
is made by the applicant to the Zoning Officer who, at his discretion,
may grant or deny an extension of time to commence the previously
authorized activity.
(3)
That the extension of time as granted by the Zoning Hearing
Board or the Zoning Officer, as the case may be, shall be limited
to a period of six months per extension, with a maximum of two extensions
permitted per permit or decision of the Board. The applicant may be
charged an administrative fee by the Zoning Hearing Board and/or Zoning
Officer for said extension.
B.
Upon expiration of the time limits as established in Subsection A herein, a permit or a decision of the Zoning Hearing Board shall become null and void, requiring a new application, fee, hearing, decision and permit as may be required. Upon reapplication, the applicant shall be bound by the zoning regulations in effect at the present time, and shall not have any vested rights in the preexisting ordinances for work elements not yet started under the provision of the original permit.
In the event that the Zoning Officer determines that a violation
of the Zoning Ordinance may exist, the Zoning Officer shall initiate
enforcement proceedings by sending an enforcement notice by return
receipt certified mail or personal service as herein required. Said
notice shall be sent to the owner of record of the real property on
which the violation has occurred, to any persons who have filed a
written request to receive enforcement notices regarding said property,
and to any other person requested to be notified in writing by the
owner of record of said premises. All enforcement notices shall, at
a minimum, include 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 instances the applicable provisions
of the chapter by section and subsection;
D.
The date before which compliance must be attained;
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 herein;
F.
That failure to comply with the notice requirements within 10 days,
or as may otherwise be specified therein, unless stayed by appeal
to the Zoning Hearing Board, shall constitute a violation, with possible
sanctions as set forth in the notice and in accordance with this chapter.
The District Justice or other court of competent jurisdiction
shall have jurisdiction over proceedings brought in enforcement of
this chapter.
Any person, partnership, firm or corporation who or which has
violated or permitted the violation of any provision of this chapter,
or who fails to comply with any requirement, order or directive of
the Zoning Officer, or of a permit or certificate issued under provision
of this chapter, shall be subject to fines and penalties of not more
than $500, plus all court costs, including reasonable attorney fees
incurred by the municipality as a result thereof, which fines and
penalties may be collected by suit or summary proceeding brought in
the name of the Township of Towamencin, providing no judgment shall
commence or be imposed, levied or payable until the date of the determination
of a violation by the District Justice or other court of competent
jurisdiction. Proceedings for the violation of the chapter and for
the collection of fines and penalties imposed thereby may be commenced
by warrant, or by summons, at the discretion of the District Justice
or other court of competent jurisdiction before whom the proceeding
is begun. If the defendant neither pays nor timely appeals the judgment,
the municipality may enforce the judgment pursuant to the applicable
rules of civil procedure. Each day that a violation continues shall
constitute a separate violation. All judgments, costs and reasonable
attorney fees collected for the violation of the Zoning Ordinance
shall be paid over to the Township Treasury.
A.
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.
B.
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.
Appeals from written determinations of the Zoning Officer in
his administration and enforcement of this chapter shall be taken
by any affected party to the Zoning Hearing Board in accordance with
this chapter and applicable provisions of the MPC, Act 247,[1] as amended.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
The procedures as set forth in the Pennsylvania Municipalities
Planning Code, as amended, shall constitute the exclusive mode for
securing review of any decision rendered pursuant to this chapter
or deemed to have been made under this chapter.
In order not to unreasonably delay the time when a landowner
may secure assurance that the Zoning Ordinance and/or Official Zoning
Map under which he proposes to build is free from challenge, and recognizing
that the procedure for preliminary approval of his development may
be too cumbersome or may not be unavailable, the landowner, equitable
or otherwise, may advance the date from which time a challenge to
the Zoning Ordinance and/or Official Zoning Map will run in accordance
with the provisions of the Pennsylvania Municipalities Planning Code,
Act 247, as amended, 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 Zoning 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 Zoning Ordinance and Map, notice thereof shall be
published once each week for two successive weeks in a newspaper of
general circulation in the Township. Such notice shall include a general
description of the proposed use or development, including its location,
by some readily identifiable directive, and the place and times where
the plans and other materials may be examined by the public.
C.
Upon a favorable preliminary opinion, the time limitations for commencing
an appeal before the Board, as provided by the Pennsylvania Municipalities
Planning Code, Act 247, as amended, shall run from the time when the
second notice thereof has been published.
