A.
Appointment. The Board of Supervisors shall appoint
a Zoning Officer pursuant to the provisions of Section 614 of Act
247, as amended, the Pennsylvania Municipalities Planning Code.[1] Said Zoning Officer shall be appointed, shall not hold
elective office and shall have a working knowledge of zoning and subdivision
procedures. The Board of Supervisors may also appoint an Assistant
Zoning Officer who shall exercise the same authority and have the
same duties as the Zoning Officer.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
B.
Powers and duties. 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 the requirements of this chapter. The Zoning Officer
is hereby authorized to institute civil enforcement proceedings as
a means of enforcement within the scope of his responsibilities. Within
this power, the Zoning Officer shall have duties as follows:
(1)
The Zoning Officer shall receive applications for
and issue zoning and sign permits, certificates of use and occupancy
and stop-work orders in accordance with the provisions of this chapter.
(2)
The Zoning Officer shall make all the required inspections
or he may engage such expert opinion as he may deem necessary to report
upon unusual technical issues that may arise.
(3)
At least annually, the Zoning Officer shall submit
to the Board of Supervisors a written statement of all zoning and
sign permits, certificates of use and occupancy issued and notices
and orders issued.
(4)
An official record shall be kept of all business and
activities of the office of the Zoning Officer specified by provisions
of this chapter, and all such records shall be open to public inspection
at all appropriate times.
A.
Building and zoning permit. A building and zoning
permit shall be required prior to the erection, addition or alteration
of any building or portion thereof; prior to the use or change in
use of a building or land; and prior to the changes or extension of
a nonconforming use. It shall be unlawful for any person to commence
work for the erection or alteration of any building or for a change
in land use, until a permit has been duly issued therefor. No building
and zoning permit shall be required in cases of normal maintenance
activities, minor repairs and alterations which do not structurally
change a building or structure.
(1)
Application for permits. All completed applications
for permits shall be accompanied by plans in duplicate, drawn to scale,
showing the actual shape and dimensions of the lot to be built upon
and the exact size and location of any building. All applications
shall be accompanied by the required fee and shall be reviewed within
10 working days of the date of submittal. In the case of a permit
denial, the applicant shall have 30 days to file an appeal with the
Township Zoning Hearing Board.
(a)
No building or structure shall be erected, remodeled,
added to or structurally altered until a permit therefor has been
issued by the Zoning Officer. All applications for building and zoning
permits shall be in accordance with the requirements of this chapter
and unless, upon written order of the Zoning Hearing Board, no such
building and zoning permit shall be issued for any building where
said construction, addition or alteration for use thereof would be
in violation of any of the provisions of this chapter.
(b)
Remodeling or improvement of existing buildings
which does not alter the basic structure, create additional lot area
coverage or change the use of the parcel or building is exempt from
this specific requirement, provided that the estimated cost of such
activities does not exceed 50% of the fair market value.
(c)
All applications for building permits shall
be made in writing by the owner or his authorized agent and shall
include a statement of intended use of the building. Applications
shall be accompanied by two copies of a layout or plot plan drawn
to scale showing the actual dimensions of the lot to be built upon,
the exact size and location upon the lot of the building and accessory
buildings to be erected upon the lot, necessary to determine that
the proposed structure and use of the land will conform to the provisions
of this chapter. When complete and accurate information is not readily
available from existing records, the Zoning Officer may require an
applicant to furnish a survey of the lot by a registered engineer
or registered surveyor.
(d)
One copy of such layout or plat plan shall be
returned when approved by the Zoning Officer, together with the permit,
to the applicant upon payment of a fee as predetermined from a fee
schedule adopted by the Board of Supervisors.[1]
[1]
Editor's Note: Said fee schedule is on file
in the Township offices.
(2)
A permit shall be deemed to be revoked and the permit
fee forfeited unless more than token activity is commenced within
90 days of issuance. Where construction is not completed within one
year, a new permit shall be applied for and fees paid in accordance
with a schedule of fees adopted by the Board of Supervisors.
B.
Occupancy permit.
(1)
A certificate of occupancy, either for the whole or
for a part of a new building or for the structural alteration of an
existing building, shall be applied for coincident with the application
for a building and zoning permit and shall be issued after the erection
or alteration of such building or part of a building shall have been
completed and after due inspection shows the same to be in conformance
with the provisions of this chapter.
(2)
A certificate of occupancy for the use or occupancy
of vacant land or for a change of use in an existing building shall
be applied for and issued before any such land or building shall be
occupied, used or changed in use and such certificate of occupancy
shall be issued after application has been made, provided that such
proposed use is in conformance with the provisions of this chapter.
(3)
A fee may be charged for an application for a certificate
of occupancy as required herein; and for the issuance of each copy
of said certificate of occupancy, there will be a charge as per the
fee schedule adopted by the Board of Supervisors.
(4)
Refusal by the Zoning Officer to issue an occupancy
permit shall include a written statement to the applicant containing
reasons for such denial.
(5)
Occupancy permits are required for the following:
(a)
Occupancy of a new building.
(b)
Occupancy and use of a building hereafter moved
or altered so as to require a building and zoning permit.
(c)
Change in the use of an existing building other
than to a use of the same type.
(d)
Occupancy and use of unimproved or vacant land.
(e)
Change in the use of land except to another
use of the same type.
(f)
Any change in use of nonconforming use to a
conforming use.
(g)
Any vacant, public, commercial or industrial
building.
(6)
Occupancy permits shall state that the building or
the proposed use of a building or land complies with all provisions
of law and of this chapter and all other ordinances of the municipality.
They are deemed to authorize and are required for both initial and
continued occupancy and use of the building and land so long as such
building and use is in full conformity with the provisions of this
chapter.
C.
Sign permit.
(1)
No permanent or temporary sign as described in this
chapter shall be erected until a permit therefor has been issued by
the Zoning Officer.
(2)
Application to the Zoning Officer shall be processed
within one week upon receipt of the written request to erect a sign
and payment of a fee as predetermined from a fee schedule adopted
by the Board of Supervisors, with the provisions of this chapter and
all other effective and applicable ordinances. Refusal for a sign
permit shall include a written statement to the applicant containing
the reasons for denial.
(3)
Failure to apply for a sign permit shall subject the
property owner to enforcement procedures prescribed by this chapter.
Payment of fines or damages shall not indicate approval to erect a
sign.
D.
Temporary use permit.
(1)
Temporary use permits are required where it is anticipated
that the character of the temporary or seasonal use is of a nature
which may negatively impact existing property.
(2)
No temporary use permit shall be issued for any temporary
use where said use would violate any of the provisions of this chapter.
(3)
Written request to the Zoning Officer for a temporary
use permit shall be processed within one week of receipt of the request
and the payment of the appropriate fee as outlined in the fee schedule
adopted by the Board of Supervisors.
(4)
Said temporary use permit may be revoked by the Zoning
Officer where a violation of the provisions of this chapter has occurred.
The Zoning Officer or his duly appointed representative
may make the following inspections on property for which a permit
has been issued:
A.
During the period of construction: A record shall
be made indicating the time and date of the inspections and the finding
of the Zoning Officer that the construction is in accordance with
plans submitted with the application for the building.
(1)
If the actual construction does not conform to the
application, a written notice of a violation shall be issued by the
Zoning Officer and such construction shall be discontinued. Upon proper
correction of the violation and receipt of written notice from the
Zoning Officer, construction shall proceed.
B.
At the completion of construction: A record shall
be made indicating the time and date of the inspection, the findings
of the Zoning Officer in regard to conformance to this chapter and
the issuance of an occupancy permit.
