[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A. Administration and Enforcement.
(1)
Appointment and Powers of Zoning Officer.
(a)
For the administration of this chapter, a Zoning Officer, who
shall not hold any elective office in the Township, shall be appointed.
(b)
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.
(c)
The Zoning Officer shall administer this chapter in accordance
with its literal terms and shall not have the power to permit any
construction or any use or change of use which does not conform to
this chapter.
(d)
The Zoning Officer is hereby authorized to institute civil enforcement
proceedings as a means of enforcement when acting within the scope
of his employment.
(2)
If the Zoning Officer shall find that any provisions of this
chapter are being violated, he shall notify the owner of the lot upon
which such violation is occurring by registered mail, such notice
being deemed adequate if persons other than the owner are perpetrating
the alleged violation.
(3)
Communications regarding violations shall indicate the nature
of the violation by specific paragraph relied on and shall order the
action necessary to correct it.
(4)
Such communications shall order the discontinuance of illegal
uses of land or structures, or the removal or moving of illegal structures
or additions or alterations thereto, as well as any other action necessary
to assure compliance with or prevent violation of this chapter and
shall indicate the owner's alternative actions under the terms of
this chapter.
(5)
The Zoning Officer shall allow the owner of a lot upon which a violation of this chapter has been noted a period of up to 30 days, at the option of the Zoning Officer, to carry out the required action. At the conclusion of the period within which the owner is obliged to correct the violation, he shall be subject to penalty as required by Part
16 of this chapter, with each day that the violation remains uncorrected being a separate penalty. The Zoning Officer's notice shall indicate specifically the date on which the owner shall first be subject to penalty.
(6)
All questions of interpretation of this chapter shall be first
presented to the Zoning Officer, and such questions shall be considered
by the Zoning Hearing Board only on appeal from the decision of the
Zoning Officer.
(7)
The Zoning Officer shall keep records of all applications, either
approved or disapproved, including one copy of each permit issued,
shall maintain a journal of his activities, and shall submit a report
annually, in time for its February regular meeting, to the Board of
Supervisors.
(8)
The Zoning Officer shall receive and process all requests for reasonable accommodation under the Fair Housing Amendments Act or the Americans with Disabilities Act, as applicable. Criteria and procedures for the handling of such requests shall be in accordance with §
27-1801.
B. Building Permits.
(1)
No building or structure shall be erected, moved, expanded or
structurally altered without a permit for such action having been
issued by the Zoning Officer. Building permits shall be required for
construction of fences, exterior walls and patios, but not for the
installation or paving of walks or residential driveways when no earthmoving
is involved or for erection of small auxiliary structures less than
100 square feet in floor area and not on a permanent foundation.
(2)
Applications for building permits shall be made to the Zoning
Officer for the project to be covered by the permit, using forms supplied
by him. The permit shall bear the signatures of both the general contractor
and the owner of the project.
(a)
No building permit shall be issued until all other required
permits have been obtained from any other office or agency (local,
state, county, and federal).
(b)
No building permit shall be issued until the Zoning Officer determines whether a stormwater management plan is necessary for the project to be covered by the permit and, if so, finds that an approved plan meeting the requirements of Chapter
22, Subdivision and Land Development, has been submitted.
(3)
Applications shall include the following, in duplicate:
(a)
A site plan of the lot upon which the proposed construction
is to occur, drawn to scale and dimensioned, showing the following,
where applicable:
[1] The boundaries of the lot, indicating dimensions
and total area, and the names of record of owners of abutting properties.
[2] Public streets abutting the lot, indicating the
right-of-way and pavement width.
[3] Public utilities in the streets abutting the lot
and/or in easements running across the lot, identified by type and
line size.
[4] Existing buildings on the lot and the approximate
location of walls of buildings or structures within 50 feet of the
lot boundaries on adjacent properties.
[5] The proposed building or structure, indicating
height, and dimensions between the building or structure and all lot
boundaries.
[6] The location of proposed parking and loading areas and drives, indicating the number of parking spaces pursuant to Part
9 of this chapter.
[7] The location of proposed signs. (See also Part
10 of this chapter.)
[8] Topographical information for the area to be developed,
at five-foot contour intervals, showing grade changes proposed and
means of collecting and disposing of stormwater.
[9] The seal of approval of the State Department of
Labor and Industry, if applicable, or, in lieu of such seal, the M.A.
number and file number of the project as carried by the Department.
(b)
A narrative statement indicating:
[1] The proposed use of the structure to which the
permit applies and the use of other buildings or structures on the
lot, if any.
[2] The number of dwelling units, whether for sale
or rent, or commercial, retail or service units, if applicable, that
the building is designed to accommodate.
[3] If the building or structure is part of a larger
complex of buildings or structures to be erected over time on the
same lot, an indication of the location and scheduling of future construction.
[4] If the building or structure is for commercial,
industrial or multifamily residential use, the area of the lot to
be occupied on the ground by the building or structure.
[5] A statement giving the developer permission to
build if the developer and owner of the land are not the same person
or corporation.
(c)
The Zoning Officer may waive portions of these requirements
where interior work or construction not affecting the outside dimensions
of an existing building is involved or where no site work is included.
(d)
The Zoning Officer may, to satisfy requirements of other development
ordinances adopted by Richland Township, expand the application form
to secure additional information necessary to assure conformance with
such other development ordinances.
(e)
Building plans and specifications as required by the Building
Code.
(4)
If the application is satisfactory, the Zoning Officer shall
inspect the premises where the construction is proposed to occur and
shall satisfy himself that the structure will be located as specified
on the application and that construction can take place on the site
without violating this chapter or any other Township ordinance. Upon
completing his inspection and finding the application and premises
compatible, the Zoning Officer shall approve the application and return
one copy of the documents together with a signed building permit authorizing
the applicant to proceed.
(5)
If the application is not satisfactory, the Zoning Officer shall
return all but one set of the application documents, together with
a letter indicating the specific reasons why the application cannot
be approved and the changes needed to make it acceptable.
(6)
The Zoning Officer shall visit the lot whereon the approved
construction is taking place in order to assure himself that the work
is proceeding in accordance with the application documents. If new
construction is proposed to occupy area previously open, the construction
relative to adjacent lot lines and may order the owner to have stakes
positioned by a registered surveyor to indicate the lot line and outline
of the new construction. Subsequently the Zoning Officer, depending
on the type of construction proposed, shall visit the site after pouring
of foundation footers, at the conclusion of erection of structural
members and rough-in carpentry, and upon completion of the structure.
The Zoning Officer shall not be denied access to the lot in order
to inspect the construction in progress and may order the work halted
pending appeal to the Zoning Hearing Board or corrected to conform
to the approved application documents.
(7)
If an applicant wishes to amend the use, arrangement or construction
of the structure from that shown on the application documents after
such documents are approved, he shall file with the Zoning Officer
an application for a building permit to cover the proposed amendment.
All work shall conform to the approved application documents for which
the permit has been issued and any approved amendments thereto.
(8)
A building permit shall become void if, after six months from the date of issue, construction for which the permit was issued has not commenced and been vigorously pursued. The life of a building permit shall be one year from the date of issue. Permits may be extended for not more than one additional year on large projects for which the value of the permit is in excess of $100,000, upon request of the permit holder when the permit is originally issued. To continue uncompleted construction after the expiration of a building permit, the permit holder shall apply for a new permit, for which a fee representing the value of the work to be completed shall be collected. Failure to renew a permit after expiration shall be a violation of this chapter and subject to penalty under Part
16 of this chapter.
C. Occupancy Permits.
(1)
For new use or expansion of existing uses:
(a)
Upon completion of the entire building or structure for which
a building permit has been issued, the contractor or builder for such
building or structure shall apply to the Zoning Officer for an occupancy
permit.
(b)
The Zoning Officer shall inspect the premises and, if satisfied
that all conditions of the building permit have been met, shall issue
an occupancy permit certifying that the premises comply with the provisions
of this chapter and may be used for the purposes set forth on the
building permit.
(c)
If the Zoning Officer, upon inspection, finds the premises to
have been developed in violation of any of the conditions of the building
permit, he shall order the violations corrected to conform to the
building permit and shall not issue an occupancy permit until satisfied
these corrections have been made. The contractor shall be responsible
for requesting a reinspection after violations have been corrected,
and the Zoning Officer shall not issue an occupancy permit until all
violations have been corrected.
(d)
It shall be a violation of this chapter for a new structure
to be occupied without an occupancy permit first having been issued.
(2)
For changing existing uses:
(a)
If a lot owner wishes to change the use of any building or structure on the lot (or properties) he owns, or if a new owner seeks to occupy a lot that is used for commercial or industrial purposes, he shall apply to the Zoning Officer for an occupancy permit. Changes for which an occupancy permit shall be required include addition of a dwelling unit or units in the structure, introduction of a home occupation, conversion of a use, or continuation of the use of a commercial or industrial lot by a new owner. The Zoning Officer shall first determine that no building permit is needed to effect the proposed change; but if so, the developer shall proceed as under Subsection
C(2)(b) of this §
27-1301.
(b)
If the Zoning Officer is satisfied that such change is in conformance
with all requirements of this chapter and of other development ordinances
of Richland Township, he shall issue an occupancy permit.
(c)
Applications for occupancy permits for a change of use that
are denied by the Zoning Officer may be appealed to the Zoning Hearing
Board.
(d)
It shall be the responsibility of the owner of a lot to determine
that any persons leasing or subleasing the premises will use them
only for activities permitted by this chapter; and if a use is contemplated
or undertaken by a lessee or sublessee which is not permitted, or
is permitted only as a special exception, it shall be the responsibility
of the owner to either secure permission from the Township for the
use or to remove the use from the premises.
D. Certificate of Zoning Compliance.
(1)
It shall be unlawful to use or occupy or permit the use or occupancy
of any building, structure, land or premises, or part thereof, hereafter
created, erected, changed, converted or enlarged in its use and structure
until a certificate of zoning compliance shall have been issued therefor
by the Zoning Officer stating that the proposed use of the building,
structure or land conforms to the requirements of this chapter.
(2)
Every application for a building permit shall be deemed to be
an application for a certificate of zoning compliance.
(3)
No certificate of zoning compliance shall be issued until the
erection, construction or alteration has been completed, or the use
established, and inspected and approved by the Zoning Officer, provided
that the certificate shall be issued or written notice shall be given
to the applicant stating why a certificate cannot be issued no later
than five days after the Zoning Officer is notified, in writing, that
the building or premises is ready for occupancy.
(4)
A temporary certificate of zoning compliance may be issued by
the Zoning Officer for a period not to exceed six months during alteration
or partial occupancy of a building pending its completion, provided
that such temporary certificate may require such conditions and safeguards
as will protect the safety of the occupants and the public.
(5)
It shall be unlawful for any owner to sell any building, structure,
land or premises, or part thereof, or interest therein, situate in
the Township unless the owner shall first deliver to the purchaser
at or prior to the time for settlement a certificate of zoning compliance
indicating the legality of the existing use of the lot to be sold.
(6)
A certificate of zoning compliance may be revoked or suspended
by the Zoning Officer if he finds that the holder of the certificate
has failed to comply with conditions attached to the issuance of the
certificate or if he finds that the building or use does not comply
with the requirements of this chapter.
(7)
In all cases under this §
27-1301, a fee shall be charged for a certificate of zoning compliance. Such fees shall be established by resolution of the Board of Supervisors.
E. Notice.
In any case in which mailed notice or electronic notice is required
by this act, the following shall apply:
[Added at time of adoption of Code (see Ch. AO)]
(1) An owner of a tract or parcel of land located within the Township
or an owner of the mineral rights in a tract or parcel of land within
the Township may request that the Township provide written or electronic
notice of a public hearing which may affect such tract or parcel of
land.
(2) Mailed notice shall be required only if an owner of a tract or parcel
of land located within the Township or an owner of the mineral rights
in a tract or parcel of land within the Township has made a written
request that the notice be mailed and has supplied the Township with
a stamped, self-addressed envelope prior to a public hearing.
(3) Electronic notice shall be required only if an owner of a tract or
parcel of land located within the Township or an owner of the mineral
rights in a tract or parcel of land within the Township has made a
written request that notice be sent electronically and has supplied
the Township with an electronic address prior to a public hearing
and only if the Township maintains the capability of generating an
electronic notice. An owner of a tract or parcel of land located within
the Township or an owner of the mineral rights in a tract or parcel
of land within the Township making the request and supplying an electronic
address may at any time notify the Township that the owner of the
tract or parcel of land located within the Township or the owner of
the mineral rights in the tract or parcel of land within the Township
no longer will accept electronic notice, and, in that event, the Township
may no longer provide electronic notice.
(4) An owner of a tract or parcel of land located within the Township
or an owner of the mineral rights in a tract or parcel of land within
the Township who has requested a mailed notice shall be solely responsible
for the number, accuracy and sufficiency of the envelopes supplied.
The Township shall not be responsible or liable if the owner of a
tract or parcel of land located within the Township or an owner of
the mineral rights in a tract or parcel of land within the Township
does not provide to the Township notice of any changes in the owner's
mailing address.
(5) An owner of a tract or parcel of land located within the Township
or an owner of the mineral rights in a tract or parcel of land within
the Township who has requested electronic notice shall be solely responsible
for the accuracy and functioning of the electronic address provided
to the Township. The Township shall not be responsible or liable if
the owner of a tract or parcel of land located within the Township
or an owner of the mineral rights in a tract or parcel of land within
the Township does not provide to the Township notice of any changes
to the owner's electronic address.
(6) The Township shall deposit a mailed notice in the United States mail
or provide electronic notice not more than 30 and not less than seven
days prior to the scheduled date of the hearing as shown on the notice.
(7) For each public hearing, the Township Secretary or Zoning Officer
shall prepare, sign and maintain a list of all mailed notices, mailing
dates, electronic notices and electronic notice dates. The signed
list shall constitute a presumption that the notice was given.
(8) The mailed notice shall be deemed received by an owner of a tract
or parcel of land located within the Township or an owner of the mineral
rights in a tract or parcel of land within the Township on the date
deposited in the United States mail.
(9) The electronic notice shall be deemed received by an owner of a tract
or parcel of land located within the Township or an owner of the mineral
rights in a tract or parcel of land within the Township on the date
the Township electronically notifies the owner.
(10) Failure of an owner of a tract or parcel of land located within the
Township or an owner of the mineral rights in a tract or parcel of
land within the Township to receive a requested mailed notice or electronic
notice shall not be deemed to invalidate any action or proceedings
under this act.