The purpose of this article is to set forth procedures for the
administration and enforcement of this chapter, in accordance with
the Pennsylvania Municipalities Planning Code (MPC), Act 247, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
There shall be a Zoning Officer who shall be appointed by the Board
of Commissioners and be responsible for the administration and enforcement
of this chapter. The Zoning Officer shall not hold any elected office
in the Township.
C.
The Zoning Officer shall administer this chapter in accordance with
its literal terms and shall not have the power to permit any construction,
use or change of use which does not conform to this chapter.
D.
The Zoning Officer may be authorized to institute civil enforcement
proceedings as a means of enforcing this chapter.
E.
Duties. The duties of the Zoning Officer shall include but not be
limited to the following:
(1)
Enforce all provisions of this chapter and all amendments thereto.
(2)
Receive, examine, record and file all applications and fees
for building permits and issue building permits only for any structure
or use which conforms to this chapter.
(3)
Issue permits for uses and construction by special exception
or variance, only after such uses or buildings are approved by the
Zoning Hearing Board, in accordance with the provisions of this chapter.
Permits requiring approval by the Board of Commissioners shall be
issued only after receipt of an authorization from the Board of Commissioners.
(4)
Receive all required fees.
(5)
Regularly inspect all areas of the Township to determine if
there are any blatant violations of this chapter and review the validity
of any reported zoning violations.
(6)
Issue all necessary stop orders, and order in writing correction
of all conditions found to be in violation of this chapter. It shall
be unlawful for any person to violate any such order lawfully issued
by the Zoning Officer, and any person violating such order shall be
guilty of a violation of this chapter.
(7)
Maintain, or cause to be maintained, a map or maps showing the
current zoning classifications of all land in the Township.
(8)
Identify and register all nonconforming uses, lots, structures
and signs and keep filed a record of such nonconformities as a public
record.
(9)
Upon request of the Board of Commissioners, Planning Commission
or Zoning Hearing Board, present facts, records and any similar information
to such body on specific requests to assist these bodies in reaching
their decisions.
F.
Appeal from decisions of the Zoning Officer. An appeal from a decision
or action of the Zoning Officer shall be made directly by a party
in interest to the Zoning Hearing Board, and such appeal shall be
made within 30 days after notice of the decision is made, or, if no
decision is made, 30 days after the date when a decision is deemed
to have been made, in accordance with the Pennsylvania Municipalities
Planning Code, as amended.[2]
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
G.
Violations. Whenever a violation of this chapter is alleged to have
occurred, any person may file a written and signed complaint. Such
complaint, stating fully the causes and basis thereof, shall be filed
with the Zoning Officer who shall record such complaint promptly and
immediately investigate and take action thereon as provided in this
chapter.
A.
Enforcement notice. If it appears to the Township that a violation
of this chapter has occurred, the Township shall initiate enforcement
proceedings by sending an enforcement notice 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 an enforcement notice regarding
that parcel, and to any other person requested in writing by the owner
of record. An enforcement notice shall state at least the following:
(1)
The name of the owner of record and any other person against
whom the municipality intends to take action.
(2)
The location of the property in violation.
(3)
The specific violation with a description of the requirements
which have not been met, citing in each instance the applicable provisions
of this chapter.
(4)
The date before which the steps for compliance must be commenced
and the date before which the steps must be completed.
(5)
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 in this chapter.
(6)
That failure to comply with the notice within the time specified,
unless extended by appeal to the Zoning Hearing Board, constitutes
a violation, with possible sanctions clearly described.
B.
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 governing body or, with the approval of the governing body, an
officer of the Township, or any aggrieved owner or tenant of real
property who shows that his property or person will be substantially
affected by the alleged violation, 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. When any such action is instituted
by a landowner or tenant, notice of that action shall be served upon
the municipality at least 30 days prior to the time the action is
begun by serving a copy of the complaint on the governing body of
the municipality. No such action may be maintained until such notice
has been given.
C.
Enforcement remedies.
(1)
Any person, partnership or corporation who has violated or permitted
violation 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
municipality 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.
(2)
The Court of Common Pleas, upon petition, may grant an order
of stay, upon cause shown, tolling per diem fine pending a final adjudication
of the violation and judgment.
(3)
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.
A.
Requirement for permits. A permit shall be required prior to the
erection or alteration of any building, structure or portion thereof,
including signs; prior to the use or change in use of a building or
land; and prior to the change or extension of a nonconforming use
of structure.
B.
Application for permits. Application for permits shall be made to
the Township Zoning Officer on such forms as may be furnished by the
Township. Each application shall contain all information necessary
to ascertain whether the proposed erection, alteration, use or change
in use complies with the provisions of this chapter.
C.
Issuance of permits.
(1)
No building or use permit shall be issued until the Zoning Officer
has certified that the proposed building or alteration and the proposed
use of the property comply with the provisions of this chapter.
(2)
Permits shall be granted or refused within 45 days after date
of application. In case of refusal, the applicant shall be informed
of his right to appeal to the Zoning Hearing Board.
D.
Expiration of permits. Permits for the erection, razing, change,
alteration or removal of a building shall be valid or effective for
a period of not more than six months from the date of issuance thereof
and shall thereafter be void, unless the work authorized by such permit
shall have been substantially commenced within that period and continues
with due diligence from that time forward. In no event shall a zoning
permit be construed to authorize the development activities for more
than a three-year period of time, after which time a new permit must
be sought. If, however, the applicant has been delayed in proceeding
with the work for which the permit was granted for reasons beyond
his or her control and demonstrably not due to his or her own negligence,
at the discretion of the Zoning Officer the permit may be renewed
without additional cost to the applicant.
E.
Certificate of occupancy.
(1)
Upon completion of the erection or alteration of any building
or portion thereof authorized by any permit obtained in compliance
with this chapter, the holder of the permit shall notify the Zoning
Officer of completion. No permit shall be considered complete or permanently
effective until, the Zoning Officer has issued a certificate of occupancy
certifying that the work has been inspected and approved as being
in conformity with the permit and the provisions of this chapter.
(2)
Prior to the transfer of ownership, lease or use of property,
a certificate of occupancy must be obtained from the Zoning Officer.
(3)
A certificate of occupancy shall be granted or refused within
15 days after the Zoning Officer has been notified of completion of
construction or within 15 days of application to occupy premises or
land.
F.
Fees.
(1)
The Board of Commissioners shall establish, by resolution, a
schedule of fees, charges, expenses and collection procedures for
building permits, certificates of occupancy, sign permits, special
exceptions, variances, appeals, amendments and other matters pertaining
to this chapter.
(2)
A schedule of fees shall be posted in the office of the Zoning
Officer and may be altered or amended by the Board of Commissioners
only.
(3)
No action shall be taken on any application for any special
exception, variance, appeal or other similar matter pertaining to
this chapter until all application fees, charges and expenses have
been paid in full.
A.
Power to amend. The regulations, restrictions, boundaries and requirements set forth in this chapter may be amended, supplemented, changed or repealed by the Board of Commissioners by amending this chapter in accordance with the provisions of Article VI of the Planning Code,[1] as amended, and the terms of this article.
[1]
Editor's Note: See 53 P.S. § 10601 et seq.
B.
Procedure for amendment.
(1)
An ordinance amending, supplementing or changing the district
boundaries (Zoning Map) or the regulations established herein may
be initiated:
(a)
By the Board of Commissioners, upon its own initiative or upon
recommendation of the-Planning Commission.
(b)
Upon a petition to the Board of Commissioners signed by the
owners of 50% or more of the frontage of any area, which shall be
not less than the area contained between two streets, wherein a change
of zoning regulations is being sought.
(c)
By a landowner requesting an amendment or repeal. In the case
of a curative amendment, the special requirements of the Planning
Code shall apply.
(2)
Before voting on the enactment of an amendment, the Board of
Commissioners shall hold a public hearing thereon, pursuant to public
notice. If the proposed amendment involves a map change, notice of
said public hearing shall be conspicuously posted along the perimeter
of the tract at least one week prior to the hearing.
(3)
The Board of Commissioners shall submit each proposed zoning
amendment, other than one prepared by the Planning Commission, to
the Planning Commission at least 30 days prior to any hearing which
is to be held on the proposed amendment to provide the Planning Commission
with an opportunity to submit its recommendations prior to final action.
(4)
If, after any public hearing held upon an amendment, the proposed
amendment is revised, or further revised, to include land previously
not affected by it, the Board of Commissioners shall hold another
public hearing as required by law pursuant to public notice, before
proceeding to vote on the amendment.
(5)
As required by the Planning Code, a copy of any proposed zoning
amendment shall also be sent to the County Planning Commission at
least 30 days prior to any hearing on the proposed amendment, in order
to provide the County Planning Commission an opportunity to submit
its recommendations prior to final action on the amendment.
(6)
The Township may offer a mediation option as an aid in completing
proceedings authorized in this section. In exercising such an option,
the Township and mediating parties shall meet the stipulations of
Section 908.1 of the Planning Code, as amended by Act 170, relating
to the mediation option.[2]
[2]
Editor's Note: see 53 P.S. § 10908.1.
(7)
Within 30 days after enactment, a copy of the amendment to this
chapter shall be forwarded to the Delaware County Planning Commission.
