A.
The provisions of this chapter shall be administered and enforced
by the Zoning Officer who shall be appointed by the Township Supervisors,
shall hold no elective office in the Township, may be compensated
and shall have the following duties:
(1)
To receive and process applications for permits, certificates, conditional
uses, variances, appeals and other applications required under the
terms of this chapter.
(2)
To prescribe the form of all applications, permits and certificates
required under the terms of this chapter.
(3)
To issue zoning permits for the construction, alteration and occupancy
of all uses and buildings which are in accordance with the requirements
of this chapter within 30 days after receipt of an application for
such a permit. In cases of applications for a conditional use or a
variance, permits shall be issued only upon written order of the appropriate
reviewing agency. It shall be the responsibility of the Zoning Officer
to process applications for hearings before the Zoning Hearing Board.
(4)
To refuse applications for permits which do not meet the requirements
of this chapter within 30 days following receipt of such application.
Said refusal shall be in writing and shall state the reasons for such
action.
(5)
To examine and inspect land, buildings and structures to determine
their consistency with this chapter at the time of application filing,
during the work and upon completion of the work.
(6)
To issue notice of violation to any person violating any provision of this chapter. Said written notice shall comply with the provisions of Article VI, § 626.2 of the Pennsylvania Municipalities Planning Code, as amended.[1] Duplicate copies of such notice shall be referred to the
Zoning Hearing Board and to the Township Supervisors. The Zoning Officer
shall also issue citations where violations are not rectified.
[1]
Editor's Note: See 53 P.S. § 10626.2.
(7)
To maintain and update the official Zoning Map including any overlay
districts that are a part of this chapter.
(8)
To keep records of applications, permits or certificates issued,
variances granted, inspections made, reports rendered and notices
or orders issued.[2]
[2]
Editor's Note: Original Subsection I, requiring the Zoning
Officer to identify and register all nonconforming uses, structures
and lots, which immediately followed this subsection, was repealed
3-15-1999 by Ord. No. 3-1999.
(9)
To perform such other duties as may be provided for or made necessary
by the terms of this chapter.
B.
The compensation for the Zoning Officer shall be set by resolution
of the Potter Township Board of Supervisors from time to time.
[Amended 3-16-1998 by Ord. No. 2-1998]
A zoning permit shall be required prior to the erection, extension
or alteration of any structure and prior to the use or change in use
of a structure or land. No such zoning permit shall be required for
normal maintenance activities and minor repairs which do not constitute
an erection, extension or alteration as herein defined. In addition
to meeting the requirements of this chapter, the applicant shall conform
to all other regulations and ordinances in effect in Potter Township
or as may hereafter be adopted. Nothing in this chapter shall exempt
the applicant from obtaining any permits which may be required by
such other regulations or ordinances.
A.
Zoning permit application.
(1)
To apply for a zoning permit, the applicant shall submit a Potter
Township zoning permit application, along with all required fees and
applicable permits, road encroachment, sewer, etc., to the Zoning
Officer. When required by this chapter, site plans and other information
shall accompany the application. The application shall list, among
other things, the name(s), address(es) and phone number(s) of the
applicant, the owner, the developer of the use and the person or organization
which will operate the use. When any of the above are corporate entities,
the application shall list, in addition, the names, addresses and
phone numbers of the chief executive officers of those corporate entities.
If any corporate entity listed hereunder is owned or controlled by
another corporate entity or parent company, the same information shall
be supplied for the parent company. Failure to provide accurate, current
or complete information with regard to any of the above shall constitute
grounds for rejection of the application. Should said failure to provide
accurate and complete information become apparent after the issuance
of a zoning permit, said permit may, at the option of the Board of
Supervisors, be revoked and the Township may proceed against the parties
as if they had never obtained a permit.
(2)
All applications for zoning permits, except those for conditional use permits as described in Article V of this chapter, shall be granted or denied by the Zoning Officer within 30 days from the date of receipt of the application and payment of all required fees. The Zoning Officer shall notify the applicant in writing of all action taken on the application for a zoning permit within said thirty-day period; if the application is denied, such notification shall specify the provisions of this chapter with which the application does not comply. After the applicant has received his zoning permit, he may proceed with his proposal as approved.
(3)
A zoning permit shall be valid for a twelve-month period from the
day of issuance. A time extension may be granted for up to six months
if a written request is submitted by the applicant 30 days prior to
the expiration of the original zoning permit. This written request
shall set forth sufficient and reasonable cause for the Zoning Officer
to grant such a request. Only one time extension may be granted by
the Zoning Officer without resubmission for a new zoning permit.
(4)
After the issuance of a zoning permit by the Zoning officer, no changes
of any kind shall be made to the application, permit or any of the
plans, specifications or other documents submitted with the application
without the written approval of the Zoning Officer. Requests for any
such change shall be made in writing and shall be submitted to the
Zoning Officer for consideration.
(5)
The Zoning Officer shall issue a placard which shall be displayed
on the premises during the time construction is in progress. This
placard shall snow the number of the zoning permit, the date of its
issuance, a description of the construction authorized and bear the
signature of the Zoning Officer.
(6)
For the purposes of this chapter, construction and/or development
shall be considered to have started with the preparation of land including
land clearing, grading, filling, excavation for basement, footings,
piers or foundations, erection of temporary forms, the installation
of pilings under proposed subsurface footings or the installation
of sewer, gas and water pipes or electrical or other service lines
from the street.
(7)
During the construction period, the Zoning Officer shall inspect
the premises to determine that the work is progressing in compliance
with the information provided on the permit application and with all
other applicable Township laws. He shall make as many inspections
as necessary to determine this compliance.
(8)
In the discharge of his duties, the Zoning Officer shall have the
authority to enter any building, structure or premises or development
in any identified floodplain area or any other area of the Township,
upon presentation of proper credentials, at any reasonable hour to
enforce the provisions of this chapter.
A.
Certificate of occupancy.
(1)
No land shall be occupied or used and no building hereafter erected,
altered or extended shall be used or changed in use until a certificate
of occupancy shall have been issued by the Zoning Officer stating
that the buildings or proposed use thereof complies with the provisions
of this chapter. The certificate shall be issued within 10 days after
the erection, alteration or change shall have been approved as complying
with the provisions of this chapter.
(2)
If the building or proposed use, as stated in the zoning permit application,
fails to comply with the regulations contained in this chapter, the
Zoning Officer shall notify the applicant, in writing, of the denial
of an occupancy permit and shall state the provisions of this chapter
with which the action does not comply. The applicant may correct the
defects cited in the denial by the Zoning Officer for the occupancy
permit. If, upon notification by the applicant and inspection of the
premises by the Zoning Officer that the defects have been corrected
and that no additional defects have been created, an occupancy permit
shall be immediately issued.
(3)
Once granted, this certificate shall continue in effect so long as
there is no change of use, regardless of change in the ownership,
tenants or occupants.
B.
Temporary certificates of occupancy.
(1)
Temporary certificates of occupancy may be issued by the Zoning Officer.
Such certificates may be issued when most of the work on a structure
or site has been completed and the structure or site is usable or
habitable but some aspects of the work (i.e., grading, landscaping,
planting of borders or buffers, paving or graveling of drives and
walks, exterior painting or finishing and similar work) have not been
completed due to weather, the season of the year or other reasonable
cause. The temporary occupancy permit shall be valid only until such
time as the action for which the zoning permit was issued is complete
or for a period of six months after issuance, whichever is less.
(2)
In all cases, the applicant for a temporary certificate of occupancy
shall provide financial security (which may be an irrevocable letter
of credit with a federal- or commonwealth-chartered lending institution,
a restrictive escrow account in such lending institution or a personal
bond, the nature of which shall be at the discretion of the Zoning
Officer) in an amount sufficient to guarantee the completions of the
improvements within the prescribed time period in an amount no less
than 100% of the estimated cost of finishing the work described in
the zoning permit.
(3)
The temporary certificate of occupancy shall set a time, not to exceed
six months, by which the work must be completed and a certificate
of occupancy applied for. If the work is not completed within the
required time, the Township may:
[Amended 8-12-1996 by Ord. No. 3-1996; 3-16-1998 by Ord. No.
2-1998]
Failure to secure a zoning permit when required hereunder or
failure to secure a certificate of occupancy or failure to carry out
the provisions of this chapter shall be considered a violation of
this chapter.
A.
Enforcement notice.
(1)
Whenever the Zoning Officer determines or feels that there has been
a violation of any provision of this chapter, the officer shall initiate
enforcement proceedings by sending an enforcement notice as provided
for by § 616.1 of the Pennsylvania Municipalities Planning
Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10616.1 et seq.
(2)
When such notice has been served by the Zoning Officer, the violation
shall be discontinued immediately.
B.
Revocation of permits. The Zoning Officer may revoke any permit hereunder
at any time if it appears that the application or accompanying plan
is in any material respect false or misleading or that work being
done upon the premises differs materially from that called for in
the application. In such case, the person holding the permit shall
immediately surrender it to the Zoning Officer. A report of such revocation
shall also be submitted to the Township Supervisors for whatever action
they may deem necessary.
Fees for the issuance of permits, certificates for ordinance
amendments, conditional uses, variances and other zoning action shall
be paid to the Township upon filing of an application. Such fees shall
be in accordance with the schedule of fees established by resolution
of the Township Supervisors and as amended by them by resolution from
time to time.
[Amended 3-16-1998 by Ord. No. 2-1998]
Any appeal from a decision or action of the Board of Supervisors
or any officer or agency of the Township in matters pertaining to
this chapter shall be made in accordance with Article X-A of the Pennsylvania
Municipalities Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 11001-A et seq.
