[Ord. 168, 7/10/1978, § 801; as amended by Ord. 260, 3/11/1996, § 27-801]
1.
For the administration of this chapter, a Zoning Officer,
who shall not hold any elective office in the Township, shall be appointed.
2.
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.
3.
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.
4.
The Zoning Officer is hereby authorized to institute
civil enforcement proceedings as a means of enforcement when acting
within the scope of his employment.
5.
The Zoning Officer shall issue building permits and
occupancy permits for only those structures and uses that comply with
the provisions of this chapter. He shall, furthermore, conduct all
inspections necessary to determine compliance with this chapter and
shall maintain records thereof. He shall have the authority to establish
from time to time, by and with the consent of the Board of Commissioners,
such rules and regulations as may be deemed necessary to properly
exercise the authority and power conferred upon him under the provisions
of this chapter.
6.
The Zoning Officer shall be responsible for:
A.
Maintaining all of the records of this chapter including,
but not limited to, all maps, amendments and special uses and variances,
nonconforming uses, special exceptions, appeals and applications thereof
and hearings thereon.
B.
Collecting fees which shall accompany applications
for building and occupancy permits, special exceptions and variances.
C.
Receiving, filing and forwarding to the Board of Commissioners
for action all applications for amendments to this chapter.
D.
Receiving, filing and forwarding to the Zoning Hearing
Board all applications for special exceptions, appeals or variances
in accordance with the provisions of this chapter.
[Ord. 168, 7/10/1978, § 802; as amended by Ord. 260, 3/11/1996, § 27-802]
1.
No building or structure shall be erected, added to
or structurally altered until a permit therefor has been issued by
the Zoning Officer. No building permit shall be issued for any building
where said construction, addition, or alteration or use thereof would
be in violation of any of the provisions of this chapter, except after
written order from the Township Board of Commissioners. Any building
permit issued in conflict with the provisions of this chapter shall
be null and void.
2.
All applications for building permits shall be in
writing to the Zoning Officer and accompanied by plans in duplicate,
drawn to scale, showing the actual dimensions and shape of the lot
to be built upon; the exact sizes and locations of the lot or buildings
and structures already existing, if any; and the location and structure
alteration. The application shall include such other information as
lawfully may be required by the Building Inspector, including the
existing or proposed building or alteration; all proposed changes
of grade, walls, fences, drains, driveways, parking area and landscaping
plan; existing or proposed uses of the building and land; the number
of families, housekeeping units, or rental units the building is designed
to accommodate; conditions existing on the lot; and such other matters
as may be necessary to determine conformance with, and provide for
the enforcement of this chapter.
3.
In approving an application for a building permit,
the Zoning Officer may require such changes in plans for construction,
addition or alteration or use of such buildings or lots as may be
necessary to assure compliance with this chapter.
4.
A building permit for any building or use may be revoked and withdrawn by the Zoning Officer if the holder of the building permit has failed to comply with the requirements of this chapter or with any conditions attached to the issuance of the permit, and the holder of the building permit may be subject to penalties as provided by Part 11 of this chapter.
5.
The Zoning Officer shall act upon an application for
a building permit no later than 30 days after receiving the application,
unless additional information or plans are required to process the
application. In case of refusal of permit, the applicant shall be
informed of his right of appeal to the Zoning Hearing Board.
6.
One copy of the plans shall be returned to the applicant
by the Zoning Officer after he shall have marked such copy either
as approved or disapproved and attested to same by this signature
on such copy. The second copy of the plans, similarly marked, shall
be retained by the Zoning Officer.
7.
If the work described in any building permit has not
begun within six months from the date of issuance thereof, said permit
shall expire; it shall be canceled by the Zoning Officer and written
notice thereof shall be given to the persons affected.
8.
The work described in any building permit shall be
substantially completed within the time stated on the permit or within
one year of the date of issuance thereof, whichever is sooner. This
may be extended for an additional period of time by the Zoning Officer
if in his discretion he deems it necessary.
[Ord. 168, 7/10/1978, § 803; as amended by Ord. 260, 3/11/1996, § 27-803]
1.
It shall be unlawful to use or occupy or permit the
use of occupancy of any building or lot, or part thereof, hereafter
erected, connected, or wholly or partly altered or enlarged in its
use of structure until an occupancy permit has been issued therefor
by the Zoning Officer. Said occupancy permit shall state that the
proposed use of the building or land conforms to the requirements
of this chapter.
2.
Application for occupancy permit shall be made in
writing to the Zoning Officer and shall be issued within five working
days after the erection or alteration has been completed, inspected
by the Zoning Officer as complying with the provisions of this chapter.
In case of refusal, the applicant shall be informed of his right to
appeal to the Zoning Hearing Board.
3.
Application for occupancy permits for a new or changed
use of land where no building permit is required shall be made directly
to the office of the Zoning Officer, and a copy forwarded to the Township
Board of Commissioners. Occupancy permits shall be issued, or written
notice stating why an occupancy permit cannot be issued, shall be
given to the applicant no later than 10 days after the application
has been received by the office of the Zoning Officer.
4.
A temporary occupancy permit maybe issued by the Zoning
Officer for a period not exceeding six months, during alterations,
as partial occupancy of a building pending its completion; provided,
that such temporary permit may require such conditions and safeguards
as will protect the safety of the occupants and the public.
5.
Failure to obtain an occupancy permit shall be a violation
of this chapter and may be subject to penalties as provided by this
chapter.
6.
The Zoning Officer shall maintain a record of all
occupancy permits and copies shall be furnished upon request to any
person, at reasonable cost, having a proprietary or tenancy interest
in the building or lot affected.
[Ord. 168, 7/10/1978, § 804; as amended by Ord. 260, 3/11/1996, § 27-804]
1.
No nonconforming structure or nonconforming use of
land shall be maintained, renewed, changed or extended until an occupancy
permit has been issued by the Zoning Officer.
2.
After the enactment of this chapter, the owners or
occupants of a nonconforming use or structure shall be notified by
the Zoning Officer of the provisions of this Part. Within 30 days
after the receipt of said notice, the owner or occupant shall apply
for and be issued an occupancy permit for the nonconforming use or
structure. Such application will constitute registration of the nonconforming
use or structure and shall state specifically wherein the nonconforming
use or structure differs from the provisions of this chapter. If the
owner of a nonconforming use or structure fails to apply for an occupancy
permit within 30 days after receipt of the foregoing notice, the use
ceases to be nonconforming and is hereby declared to be in violation
of this chapter. The Zoning Officer and Township Solicitor shall take
appropriate action to enjoin such violation.
3.
If the Zoning Officer shall find upon reviewing the application for an occupancy permit that the existing use is illegal or in violation of other ordinances or laws, of if he finds that the building for which the permit is required has been constructed or altered for the existing use or any other use without full compliance with the Building Code [Chapter 5] or this chapter in effect at the time of construction or alteration, he shall not issue the permit but shall declare such use to be violation of this chapter.
4.
Upon the change of any nonconforming use to a conforming
use, the owner or occupant of such use may request that such use be
deleted from any list of or map showing nonconforming uses.
5.
A temporary permit may be authorized by the Zoning
Hearing Board as a special exception for a nonconforming 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 nonconforming structure or use shall
be completely removed upon expiration of the permit without cost to
the Township. Such permit shall be issued for a specified period of
time not exceeding six months, and may be renewed for an aggregate
period of not more than two years.
[Ord. 168, 7/10/1978, § 805; as amended by Ord. 260, 3/11/1996, § 27-805]
1.
There is hereby created for the Township a Zoning
Hearing Board in accordance with the provisions of Article IX of the
Pennsylvania Municipalities Planning Code, 53 P.S. § 10901
et seq.
2.
The membership of the Board shall consist of three
residents of the Township appointed by resolution by the Board of
Commissioners. The terms of office shall be for three years and shall
be so fixed that the term of office of one member shall expire each
year. The Board shall promptly notify the Board of Commissioners of
any vacancies which occur. Appointments to fill vacancies shall be
only for the unexpired portion of the term. Members of the Board shall
hold no other office in the Township.
3.
Any Board member may be removed for malfeasance, misfeasance
or nonfeasance in office or for other just cause by a majority vote
of the Board of Commissioners which appointed the member, taken after
the member has received 15 days' advance notice of the intent to take
such a vote. A hearing shall be held in connection with the vote if
the member shall request it in writing.
4.
The Board shall elect from its own membership its
officers, who shall serve annual terms as such and may succeed themselves.
For the conduct of any hearing and the taking of any action a quorum
shall be not less than a majority of all the members of the Board,
but the Board may appoint a hearing officer from its own membership
to conduct any hearing on its behalf and the parties may waive further
action by the Board as provided in this chapter.
5.
The Board may make, alter and rescind rules and forms
for its procedure, consistent with ordinances of the Township and
laws of the Commonwealth. The Board shall keep full public records
of its business, which records shall be the property of the Township
and shall submit a report of its activities to the Board of Commissioners
as requested by the Board of Commissioners.
6.
Within the limits of funds appropriated by the Board
of Commissioners, the Board may employ or contract for secretaries,
clerks, legal counsel, consultants and other technical and clerical
services. Members of the Board may receive compensation for the performance
of their duties, as may be fixed by the Board of Commissioners, but
in no case shall it exceed the rate of compensation authorized to
be paid to the members of the Board of Commissioners.
[Ord. 168, 7/10/1978; as added by Ord. 260, 3/11/1996, § 27-806]
1.
The Zoning Hearing Board shall have exclusive jurisdiction
to hear and render final adjudications in the following matters:
A.
Substantive challenges to the validity of any land
use ordinance, except those brought before the Board of Commissioners
pursuant to §§ 609.1 and 916.1(a)(2) of the Pennsylvania
Municipalities Planning Code (hereinafter "MPC"), 53 P.S. §§ 10609.1,
10916.1.
B.
Challenges to the validity of a land use ordinance
raising procedural questions or alleged defects in the process of
enactment or adoption which challenges shall be raised by an appeal
taken within 30 days after the effective date of said ordinance. Where
the ordinance appealed from is the initial zoning ordinance of the
Township and a Zoning Hearing Board has not been previously established,
the appeal raising procedural questions shall be taken directly to
court.
C.
Appeals from the determination of the Zoning Officer,
including, but not limited to, the granting or denial of any permit,
or failure to act on the application therefor, the issuance of any
cease and desist order or the registration or refusal to register
any nonconforming use, structure or lot.
D.
Appeals from a determination by the Township Engineer
or the Zoning Officer with reference to the administration of any
floodplain or flood hazard ordinance or such provisions within a land
use ordinance.
E.
Applications for variances from the terms of this
chapter and flood hazard ordinance or such provisions within a land
use ordinance, pursuant to § 910.2 of the MPC, 53 P.S. § 10910.2.
F.
Applications for special exceptions under this chapter
or floodplain or flood hazard ordinance or such provisions within
a land use ordinance, pursuant to § 912.1 of the MPC, 53
P.S. § 10912.1.
G.
Appeals from the determination of any officer or agency
charged with the administration of any transfers of development rights
or performance density provisions of this chapter.
H.
Appeals from the Zoning Officer's determination under
§ 916.2 of the MPC, 53 P.S. § 10916.2.
I.
Appeals from the determination of the Zoning Officer
or Township Engineer in the administration of any land use ordinance
or provision thereof with reference to sedimentation and erosion control
and stormwater management insofar as the same relate to development
not involving applications under Article V or VII of the MPC, 53 P.S.
§§ 10501 et seq., 10701 et seq.
2.
The Board of Commissioners, shall have exclusive jurisdiction
to hear and render final adjudications in the following matters:
A.
All applications for approvals of planned residential
developments under Article VII of the MPC pursuant to the provisions
of § 702 of the MPC, 53 P.S. § 10702.
B.
All applications pursuant to § 508 of the MPC,
53 P.S. § 10508, for approval of subdivisions or land developments
under Article V of the MPC, 53 P.S. § 10501 et seq.
C.
Applications for conditional use under the express
provisions of this chapter.
D.
Applications for curative amendment to this chapter
or pursuant to §§ 609.1 and 916.1(a) of the MPC, 53
P.S. §§ 10609.1, 10916.1(a).
E.
All petitions for amendments to land use ordinances,
pursuant to the procedures set forth in § 609 of the MPC, 53
P.S. § 10609.
F.
Appeals from the determination of the Zoning Officer
or the Township Engineer in the administration of any land use ordinance
or provisions thereof with reference to sedimentation and erosion
control and stormwater management insofar as the same relate to applications
for land development under Articles V and VII of the MPC, 53 P.S.
§§ 10501 et seq., 10701 et seq. Where such determination
relates only to development not involving an Article V or VII application,
the appeal from such determination of the Zoning Officer or the Township
Engineer shall be to the Zoning Hearing Board pursuant to this section.
Where the applicable land use ordinance vests jurisdiction for final
administration of subdivision and land development applications in
the Planning Commission, all appeals from determinations under this
subsection shall be to the Planning Commission and all appeals from
the decision of the Planning Commission shall be to court.
[Ord. 168, 7/10/1978; as added by Ord. 260, 3/11/1996, § 27-807]
1.
The Zoning Hearing Board shall conduct hearings and
made decisions in accordance with the following requirements:
A.
Public notice shall be given and written notice shall
be given to the applicant, the Zoning Officer and to any person who
has made timely request for the same. Written notices shall be given
at such time and in such manner as shall be prescribed by rules of
the Board. In addition to the written notice provided herein, written
notice of said hearing shall be conspicuously posted on the affected
tract of land at least one week prior to the hearing.
B.
The hearing shall be held within 60 days from the
date of the applicant's request, unless the applicant has agreed in
writing to an extension of time.
C.
The hearings shall be conducted by the Board or the
Board may appoint any member as a hearing officer. The decision, or,
where no decision is called for, the findings shall be made by the
Board; however, the appellant or the applicant, as the case may be,
in addition to the Township, may, prior to the decision of the hearing,
waive decision or findings by the Board and accept the decision or
findings of the hearing officer as final.
D.
The parties to the hearing shall be the Township,
any person affected by the application who has made timely appearance
of record before the Board, and any other person including civic or
community organizations permitted to appear by the Board. The Board
shall have power to require that all persons who wish to be considered
parties enter appearances in writing on forms provided by the Board
for that purpose.
E.
The chairman or acting chairman of the Board or the
hearing officer presiding shall have power to administer oaths and
issue subpoenas to compel the attendance of witnesses and the production
of relevant documents and papers, including witnesses and documents
requested by the parties.
F.
The parties shall have the right to be represented
by counsel and shall be afforded the opportunity to respond and present
evidence and argument and cross-examine adverse witnesses on all relevant
issues.
G.
Formal rules of evidence shall not apply, but irrelevant,
immaterial, or unduly repetitious evidence may be excluded.
H.
The Board or the hearing officer, as the case may
be, shall keep a stenographic record of the proceedings. The appearance
fee for a stenographer shall be shared equally by the applicant and
the Board. The cost of the original transcript shall be paid by the
Board if the transcript is ordered by the Board or hearing officer
or shall be paid by the person appealing from the decision of the
Board if such appeal is made, and in either event the cost of additional
copies shall be paid by the person requesting such copy or copies.
In other cases the party requesting the original transcript shall
bear the cost thereof.
I.
The Board or the hearing officer shall not communicate,
directly or indirectly, with any party or his representatives in connection
with any issue involved except upon notice and opportunity for all
parties to participate, shall not take notice of any communication,
reports, staff memoranda, or other materials, except advice from their
solicitor, unless the parties are afforded an opportunity to contest
the material so noticed and shall not inspect the site or its surroundings
after the commencement of hearings with any party or his representative
unless all parties are given an opportunity to be present.
J.
The Board or the hearing officer, as the case may
be, shall render a written decision or, when no decision is called
for, make written findings on the application within 45 days after
the last hearing before the Board or hearing officer. Where the application
is contested or denied, each decision shall be accompanied by findings
of fact and conclusions based thereon together with the reasons therefor.
Conclusions based on any provisions of this chapter or of any law,
ordinance, rule or regulation shall contain a reference to the provision
relied on and the reasons why the conclusion is deemed appropriate
in the light of the facts found. If the hearing is conducted by a
hearing officer, and there has been no stipulation that his decision
or findings are final, the Board shall make his report and recommendations
available to the parties within 45 days and the parties shall be entitled
to make written representations thereon to the Board prior to final
decision or entry of findings, and the Board's decision shall be entered
no later than 30 days after the report of the hearing officer. Where
the Board fails to render the decision within the period required
by this subsection, or fails to hold the required hearing within 60
days from the date of the applicant's request for a hearing, the decision
shall be deemed to have been rendered in favor of the applicant unless
the applicant has agreed in writing or on the record to an extension
of time. When a decision has been rendered in favor of the applicant
because of the failure of the Board to meet or render a decision as
hereinabove provided, the Board shall give public notice of the said
decision within 10 days from the last day it could have met to render
a decision in the same manner as provided in Subsection 1A of this
section. If the Board shall fail to provide such notice, the applicant
may do so. Nothing in this paragraph shall prejudice the right of
any party opposing the application to appeal the decision to a court
of competent jurisdiction.
K.
A copy of the final decision or, where no decision
is called for, of the findings shall be delivered to the applicant
personally or mailed to him not later than the day following its date.
To all other persons who have filed their name and address with the
Board not later than the last day of the hearing, the Board shall
provide by mail or otherwise, brief notice of the decision or findings
and a statement of the place at which the full decision or findings
may be examined.
L.
The Board of Commissioners shall establish, by resolution,
fees with respect to hearings before the Zoning Hearing Board.
[Ord. 168, 7/10/1978, § 808; as amended by Ord. 260, 3/11/1996, § 27-808]
1.
The Zoning Hearing Board shall hear requests for variances
where it is alleged that the provisions of this chapter inflict unnecessary
hardship upon the applicant. The Board may by rule prescribe the form
of application and may require preliminary application to the Zoning
Officer. The Board may grant a variance, provided that all of the
following findings are made where relevant in a given case:
A.
There are unique physical circumstances or conditions,
including irregularity, narrowness, or shallowness of lot size or
shape, or exceptional topographical or other physical conditions peculiar
to the particular property and that the unnecessary hardship is due
to such conditions and not the circumstances or conditions generally
created by the provisions of this chapter in the neighborhood or district
in which the property is located.
B.
Because of such physical circumstances or conditions,
there is no possibility that the property can be developed in strict
conformity with the provisions of this chapter and that the authorization
of a variance is therefore necessary to enable the reasonable use
of the property.
C.
Such unnecessary hardship has not been created by
the applicant.
D.
The variance, if authorized, will not alter the essential
character of the neighborhood or district in which the property is
located, nor substantially or permanently impair the appropriate use
or development of adjacent property, nor be detrimental to the public
welfare.
E.
The variance, if authorized, will represent the minimum
variance that will afford relief and will represent the least modification
possible of the regulation in issue.
2.
In granting any variance, the Board may attach such
reasonable conditions and safeguards as it may deem necessary to implement
the purposes of this chapter and the Pennsylvania Municipalities Planning
Code, 53 P.S. § 10101 et seq.
[Ord. 168, 7/10/1978, § 809]
Where the Township Board of Commissioners in
this chapter has stated special exceptions to be granted or denied
by the Board pursuant to express standards and criteria, the Board
shall hear and decide requests for such special exceptions in accordance
with such standards and criteria. In granting a special exception,
the Board may attach such reasonable conditions and safeguards, in
addition to those expressed in this chapter, as it may deem necessary
to implement the purposes of this chapter.
[Ord. 168, 7/10/1978, § 810; as amended by Ord. 260, 3/11/1996, § 27-810]
Where the Board has jurisdiction over a zoning matter pursuant to §§ 27-806 through 27-808, the Board shall also hear all appeals which an applicant may elect to bring before it with respect to any Township ordinance or requirement pertaining to the same project. In any such case, the Board shall have no power to pass upon the non-zoning issues, but shall take evidence and make a record thereon. At the conclusion of the hearing, the Board shall make findings on all relevant issues of fact which shall become part of the record on appeal to the Court.
[Ord. 168, 7/10/1978, § 811; as amended by Ord. 260, 3/11/1996, § 27-811]
Appeals raising the substantive validity of
any land use ordinance (except those to be brought before the Board
of Commissioners pursuant to the Pennsylvania Municipalities Code,
53 P.S. § 10101 et seq., procedural questions or alleged defects
in the process of enactment or adoption of a land use ordinance; or
from the determination of the Zoning Officer, including, but not limited
to, the granting or denial of any permit, or failure to act on the
application therefor, the issuance of any cease and desist order or
the registration or refusal to register any nonconforming use, structure
or lot; from a determination by the Township Engineer or the Zoning
Officer with reference to the administration of any floodplain or
flood hazard ordinance or such provisions within a land use ordinance;
from the determination of any officer or agency charged with the administration
of any transfers of development rights or performance density provisions
of this chapter; from the determination of the Zoning Officer or Township
Engineer in the administration of any land use ordinance or provision
thereof with reference to sedimentation and erosion control and stormwater
management insofar as the same relate to development not involving
subdivision and land development or planned residential development
may be filed with the Zoning Hearing Board in writing by the landowner
affected, any officer or agency of the Township, or any person aggrieved.
Requests for a variance and for special exception may be filed with
the Board by any landowner or any tenant with the permission of such
landowner.
[Ord. 168, 7/10/1978, § 812; as amended by Ord. 260, 3/11/1996, § 27-812]
1.
No person shall be allowed to file any proceeding
with the Zoning Hearing Board later than 30 days after an application
for development, preliminary or final, has been approved by the Township
if such proceeding is designed to secure reversal or to limit the
approval in any manner unless such person alleges and proves that
he had no notice, knowledge or reason to believe that such approval
had been given. If such person has succeeded to his interest after
such approval, he shall be bound by the knowledge of his predecessor
in interest. The failure of anyone other than the landowner to appeal
from an adverse decision on a tentative plan or from an adverse decision
by the Zoning Officer on a challenge to the validity of this chapter
or an amendment hereto or map or an amendment thereto shall preclude
an appeal from a final approval except in the case where the final
submission substantially deviates from the approved tentative approval.
2.
All appeals from determinations adverse to the landowner
shall be filed by the landowner within 30 days after notice of the
determination is issued.
[Ord. 168, 7/10/1978, § 813; as amended by Ord. 260, 3/11/1996, § 27-813]
1.
Upon filing of any appeal proceeding before the Zoning
Hearing Board and during its pendency before the Board, all land development
pursuant to any challenged ordinance, order or approval of the Zoning
Officer or of any agency or body, and all official action thereunder,
shall be stayed unless the Zoning Officer or any other appropriate
agency or body certifies to the Board facts indicating that such stay
would cause imminent peril to life or property, in which case the
development or official action shall not be stayed otherwise than
by a restraining order, which may be granted by the Board or by the
court having jurisdiction of zoning appeals, on petition, after notice
to the Zoning Officer or other appropriate agency or body. When an
application for development, preliminary or final, has been duly approved
and proceedings designed to reverse or limit the approval are filed
with the Board by persons other than the applicant, the applicant
may petition the court having jurisdiction of zoning appeals to order
such persons to post bond as a condition to continuing the proceedings
before the Board.
2.
After the petition is presented, the court shall hold
a hearing to determine if the filing of the appeal is frivolous. At
the hearing, evidence may be presented on the merits of the case.
It shall be the burden of the applicant for a bond to prove the appeal
is frivolous. After consideration of all evidence presented, if the
court determines that the appeal is frivolous, it shall grant the
petition for a bond. The right to petition the court to order the
appellants to post bond may be waived by the appellee, but such waiver
may be revoked by him if an appeal is taken from a final decision
of the court.
3.
The question whether or not such petition should be
granted and the amount of the bond shall be within the sound discretion
of the court. An order denying a petition for bond shall be interlocutory.
An order directing the responding party to post a bond shall be interlocutory.
4.
If an appeal is taken by a respondent to the petition
for a bond from an order of the court dismissing a zoning appeal for
refusal to post a bond and the appellate court sustains the order
of the court below to post a bond, the respondent to the petition
for a bond, upon motion of the petitioner and after hearing in the
court having jurisdiction of zoning appeals, shall be liable for all
reasonable costs, expenses and attorney fees incurred by the petitioner.
[Ord. 168, 7/10/1978, § 814]
Under this chapter the Township Board of Commissioners shall have the duty of approving mobile home parks, projects, commercial and manufacturing projects under § 27-604; and the duties of considering and adopting or rejecting proposed amendments to this chapter, as provided by law and of establishing a schedule of fees and charges. Under no circumstances shall the duties of the Township Board of Commissioners include hearing and deciding questions of enforcement or appeals that may arise hereunder.
[Ord. 168, 7/10/1978, § 815; as amended by Ord. 260, 3/11/1996, § 27-815]
The Township Board of Commissioners shall establish
a schedule of fees, charges and expenses and a collection procedure,
for building permits, occupancy permits, appeals and other matters
pertaining to this chapter by resolution. The schedule of fees shall
be posted in the office of the Zoning Officer, and may be altered
or amended only by the Township Board of Commissioners. No permit,
special exceptions or variance shall be issued unless or until such
costs, charges, fees or expenses have been paid in full, nor shall
any action be taken on proceedings before the Board unless or until
preliminary charges or fees have been paid in full.
[Ord. 168, 7/10/1978, § 816]
1.
Creation. The Township Board of Commissioners may
create a Planning Commission.
2.
Membership. The membership, who shall serve without
any compensation, shall consist of five residents of the Township
appointed by the Township Board of Commissioners. Their term of office
shall be for four years and during any future calendar year, no more
than two members may be reappointed or replaced at the expiration
of their of office. At least three of the five members must be citizen
members who are not officers or employees of the Township.
3.
Removal. Any member of the Planning Commission once
qualified and appointed may be removed from office for malfeasance,
misfeasance or nonfeasance in office or for other just cause by a
majority vote of the Township Board of Commissioners, taken after
the member has received 15 days' advance notice of the intent to take
such a vote. A hearing shall be held in connection with the vote if
the member shall request it in writing. Any appointment to fill a
vacancy created by removal shall be only for the unexpired term.
4.
Vacancy. Appointments by the Township Board of Commissioners
to fill a vacancy in the Planning Commission shall be for the unexpired
portion of said term.
5.
Organization. The Commission shall elect from its
own membership a chairman, vice chairman and secretary who shall serve
one-year terms and may succeed themselves.
6.
Quorum. For the conduct of any meeting and the making
of any recommendations, a quorum shall not be less than three members.
7.
Reports. The Commission shall make at least annually
a report of their transactions and recommendations to the Township
Board of Commissioners.
8.
Recommendations.
A.
In addition to filing an annual report, it shall be
the duty of the Planning Commission to make, or cause to be made,
and to lay before the Township Board of Commissioners maps and plans
of the Township, or any portion thereof, showing the streets, highways
and other natural and artificial features, and also any locations
recommended by it for any new public buildings, civic schemes, parkways,
parks, playgrounds, or any other public grounds or public improvements,
and any widening, extension, or relocation of the same, and thereafter,
from time to time, the Planning Commission may lay before the Township
Board of Commissioners any modification, change, or supplement to
any prior plan or plans.
B.
The Planning Commission may further initiate, direct
and review from time to time a study of the provisions of this chapter
and make reports of its findings and recommendations to the Township
Board of Commissioners, and in so doing shall have regard for the
present conditions and future needs and growth of the Township.
9.
Approval by Township Board of Commissioners. Any maps,
recommendations or plans so submitted shall not be effective unless
regularly approved and adopted by ordinance of the Township Board
of Commissioners, and after such approval and adoption shall be subject
to revision and change from time to time as the Township Board of
Commissioners may deem expedient.
10.
Proposals to Planning Commission. The Township Board
of Commissioners may, at their discretion, from time to time, submit
to the Planning Commission any question or proposal or any other matter
or thing relating to the growth or development of the Township, including
any plans for the development of any particular sections of the Township,
and it shall be the duty of the Planning Commission, in due course,
to make a report with respect to any such question or proposal, with
its recommendation thereon.
