Township of Upper Pottsgrove, PA Article XIX Administration

§ 350-151 Zoning Officer: appointment and qualifications.

[Amended 11-26-1990 by Ord. No. 218]

A. The provisions of this chapter shall be enforced by an agent, to be appointed by the Board of Township Commissioners, who shall be known as the "Zoning Officer." The Zoning Officer shall be elected at the first meeting of the Commissioners following the adoption of this chapter to serve until the first day of January next following and shall thereafter be elected annually to serve for a term of one year and/or until a successor is elected. Zoning Officers may succeed themselves. The Zoning Officer shall receive such fees or compensation as the Township Commissioners may, by resolution, provide.

B. The Zoning Officer shall not hold any elective office in the Township and shall meet qualifications established by the Township and shall be able to demonstrate to the satisfaction of the Township a working knowledge of municipal zoning.

§ 350-152 Zoning Officer: duties and powers.

[Amended 11-26-1990 by Ord. No. 218]

The Zoning Officer shall have the power and the duty to:

A. Keep a record of all plans and applications for permits, and all permits issued with notations as to special conditions attached thereto. All records shall be open for public inspection.

B. Review applications for permits for erection or alteration of structures or changes of use, determine whether such construction or use is in accordance with the general requirements of this chapter, all other applicable ordinances and with the laws and regulations of the Commonwealth. The Zoning Officer shall issue no permit unless it conforms with all applicable ordinances, statutes and regulations.

C. Conduct inspections and surveys to determine compliance or noncompliance with the terms of this chapter. In carrying out such surveys, the Zoning Officer or representative may enter upon any land or building within the Township.

D. Issue enforcement notices in accordance with § 350-157 of this article.

E. Institute proceedings in courts of proper jurisdiction for the enforcement of provisions of this chapter.

F. Maintain a map showing the current zoning classification of all land within the Township.

G. Participate in all proceedings before the Zoning Hearing Board, present facts and information to assist the Board in reaching decisions which shall be compatible with this chapter, and have decisions of the Board reviewed in a court of proper jurisdiction when, in the judgment of the Zoning Officer, such a review is desirable or indicated.

H. Determine preliminary opinion in accordance with § 350-158 of this article.

§ 350-153 Permit required.

[Amended 6-23-1980 by Ord. No. 119; 11-26-1990 by Ord. No. 218]

No building shall be constructed or enlarged in the Township, or the use of any building changed, until a permit has been secured from the Zoning Officer. No permit shall be issued in regard to any lot or tract of land if any fees and/or costs including, but not limited to, legal and engineering costs and sewage enforcement costs due to the Township in connection with said lot or the subdivision in which it is located, whether required by this or any other law, ordinance or regulation or by development agreement, are unpaid.

§ 350-154 Application for permit.

[Amended 11-26-1990 by Ord. No. 218; 2-20-2018 by Ord. No. 499]

With the exception of sign permit applications (which shall be administered by § 350-140.1), all applications for zoning permits shall be made in writing by the applicant and shall be filed with the Zoning Officer. The application shall include a statement as to the proposed use of the building; shall be accompanied by a plan, drawn to scale, showing the location of the building in relation to property and road lines; shall include a statement that the sidelines of all roads shown on the plan have been located and staked on the premises by a surveyor or other person competent to give such location; and shall give the name and address of the person who has so located and staked the roads' lines.

§ 350-155 Certificate of occupancy.

[Added 2-28-2000 by Ord. No. 305]

A. Upon completion of the erection or alteration of any building or portion thereof authorized by any permit, and prior to occupancy or use, or prior to any change in occupancy or use, the permittee shall notify the Zoning Officer of such completion or change and obtain a certificate of occupancy. No certificate of occupancy shall be issued until all requirements of the ordinances of Upper Pottsgrove Township, including this chapter and the subdivision and land development regulations, have been satisfied.

B. In commercial and industrial zoning districts, at such times as performance standards are imposed, no certificate of occupancy shall become permanent until 30 days after the facility is fully operating, when, upon a reinspection by the Zoning Officer, it is determined that the facility is in compliance with all performance standards.

§ 350-156 Expiration of permits.

[Amended 11-26-1990 by Ord. No. 218]

A permit issued under the authority of this chapter shall expire six months after date of issuance unless the permittee shall have commenced substantial construction or utilization of the property which is the subject of the permit in accordance with the intent thereof within such period.

§ 350-157 Enforcement notice.

[Amended 11-26-1990 by Ord. No. 218]

A. The Zoning Officer shall serve enforcement notices on any person, firm, corporation, or partnership responsible for violating any provisions of this chapter, or in violation of a detailed statement or plan approved hereunder.

B. Enforcement notices shall also be sent by the Zoning Officer 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 enforcement notices regarding the parcel, and to any other person requested in writing by the owner of record.

C. The enforcement notice shall state at least the following:

(1) The name of the owner of record and any other person against whom the Township 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 30 days 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.

§ 350-158 Procedure to obtain preliminary opinion.

[Amended 11-26-1990 by Ord. No. 218]

In order not to unreasonably delay the time when a landowner may secure assurance that the ordinance or 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 be unavailable, the landowner may advance the date from which time for any challenge to the ordinance or map will run under § 914.1 of the Pennsylvania Municipalities Planning Code,[1] 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 preliminary opinion as to their compliance with the applicable 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 ordinance or 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 and its location, by some readily identifiable directive, and the place and time where the plans and other materials may be examined by the public. The favorable preliminary approval under § 914.1 of the Pennsylvania Municipalities Planning Code, as amended, and the time therein specified for commencing a proceeding with the Board shall run from the time when the second notice thereof has been published.

[1] Editor's Note: See 53 P.S. § 10914.1.

§ 350-159 Fees.

[Amended 6-23-1980 by Ord. No. 119]

A. The applicant for a permit shall, at the time of making the application, pay to the Zoning Officer for the use of the Township a fee in accordance with a fee schedule adopted by resolution of the Board of Commissioners upon the enactment of this chapter, or as such schedule may be amended by resolution of the Board of Commissioners.

B. In addition, the applicant for a permit shall at the same time pay all fees and/or costs including, but not limited to, legal and engineering costs and sewage enforcement costs due to the Township as set forth in § 350-153 of this chapter.

§ 350-160 Procedures for consideration of conditional use application.

[Amended 9-22-1986 by Ord. No. 164; 8-14-2000 by Ord. No. 309; 9-8-2003 by Ord. No. 353]

An application for conditional use shall be considered by the Board of Commissioners according to the following procedures:

A. The application shall be submitted in writing to the Township Secretary. It shall include, as a minimum, a tentative sketch plan indicating how the applicant intends to develop the property, and sufficient data to document compliance with applicable standards and requirements of this chapter.

B. Pending public hearing, the Planning Commission shall review the application, resolve or identify any planning issues which the Planning Commission deems relevant, and it shall report to the Commissioners its recommendations with respect to approval, approval subject to conditions or disapproval of the application, together with the grounds therefor.

C. The hearing shall be conducted by the Commissioners or the Commissioners may appoint any member or an independent attorney as a hearing officer. The decision or, where no decision is called for, the finding shall be made by the Commissioners. 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 Commissioners and accept the decision or findings of the hearing officer as final.

D. The first hearing before the Commissioners or hearing officer shall be commenced pursuant to public notice within 60 days from the date of the receipt of the applicant's application, unless the applicant has agreed in writing to an extension of time. Each subsequent hearing before the Board or hearing officer shall be held within 45 days of the prior hearing, unless otherwise agreed to by the applicant in writing or on the record. An applicant shall complete the presentation of his case-in-chief within 100 days of the first hearing. Upon the request of the applicant, the Commissioners or hearing officer shall assure that the applicant receives at least seven hours of hearing within the 100 days, including the first hearing. Persons opposed to the application shall complete the presentation of their opposition to the application within 100 days of the first hearing held after the completion of the applicant's case-in-chief. An applicant may, upon request, be granted additional hearings to complete his case-in-chief, provided that the persons opposed to the application are granted an equal number of additional hearings. Persons opposed to the application may, upon the written consent or consent on the record by the applicant and municipality, be granted additional hearings to complete their opposition to the application, provided that the applicant is granted an equal number of additional hearings for rebuttal.

E. The Commissioners 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 conditional use application within 45 days after the last hearing. The date for the decision may be extended by the applicant either on the record or in writing addressed to the Commissioners or hearing officer. Where the application is contested or denied, each decision shall be accompanied by findings of fact or conclusions based thereon, together with any reasons therefor. Conclusions based on this chapter, the Pennsylvania Municipalities Planning Code, or any 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. A copy of the decision or, where no decision is called for, of the findings shall be delivered to the applicant personally or mailed to him no later than the day following its date. If, after the conclusion of the public hearing(s), the application is amended or revised, the Commissioners or hearing officer, as the case may be, shall hold one or more public hearings thereon as may be necessary and shall issue a new decision thereon in conformance with the procedure established in this section.

F. Any substantial revisions to the application or plan made by the applicant subsequent to its review by the Planning Commission shall be subject to review and recommendation by the Planning Commission as specified in Subsection B of this section prior to the Commissioner's public hearing. In such event, the Zoning Officer shall secure from the applicant a written extension of the date within which the Commissioners must hold a public hearing pursuant to Subsection D of this section. If the applicant fails to execute the extension, the Commissioners shall decide the conditional use application on the basis of the plan and application as originally filed

G. A stenographic record of the hearing shall be made by a certified court reporter, whose appearance fee shall be shared equally by the applicant and the Township. The cost of the original transcript shall be paid by the Township only if the Township orders it or by any party requesting an original transcript or by the person appealing the decision of the Township in the event of an appeal. In either case, the cost of additional copies shall be paid by the party or person requesting such copies.

H. Where the Commissioners or hearing officer fail to render the decision within the period required by this section or fail to commence, conduct or complete the required hearing as provided in this section, 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 Commissioners or hearing officer to meet or render a decision as herein provided, the Commissioners shall give public notice of the decision within 10 days from the last day it could have met to render a decision in the same manner as required by the public notice requirements of this chapter. If the Commissioners shall fail to provide such notice, the applicant may do so.

I. Nothing in this section shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.

J. Unless otherwise specified by the Commissioners, a conditional use approval shall expire if the applicant fails to apply for a building permit or, if no building permit is required, a use in occupancy permit within six months from the date of the Board's decision approving the conditional use, unless upon written application the Commissioners in their discretion grant an extension upon cause shown. No more than one extension shall be granted nor shall the same be valid for a period of more than one year.

K. Nothing in this section shall be construed to relieve the applicant for a conditional use approval from obtaining all other required approvals mandated by this chapter and other applicable Township ordinances or regulations and the laws and regulations of the state and federal regulatory authorities.