The provisions of this chapter shall be enforced
by a Zoning Officer with the aid of the Police Department and other
municipal agencies.
It shall be the duty of the Zoning Officer and
he shall have the power to:
A.
Keep a permanent 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
and shall be the property of the Township.
B.
Review applications for zoning permits for erections
or alterations 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.
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 his representative may enter upon any
land or buildings except that if the building is occupied he needs
a warrant.
D.
Make written orders requiring compliance with the
provisions of this chapter to be served personally or by registered
mail.
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.
G.
Maintain a map and register showing the registration,
identity, location, and type of all nonconforming uses.
H.
Participate in all proceedings before the Zoning Hearing
Board, present facts and information to assist the Board in reaching
a decision, resist and oppose any deviations from the standard provisions
of this chapter and have decisions of Board reviewed in a court of
proper jurisdiction when, in the judgment of the Zoning Officer, such
review is desirable.
The Zoning Officer shall have authority to issue
zoning permits only for construction and uses which are in accordance
with the general requirements of this chapter. Zoning permits for
construction and uses which are a special exception to such general
requirements shall be issued by the Zoning Officer only upon order
of the Zoning Hearing Board. The Zoning Officer shall issue no permits
for the construction or use of any land or building unless it also
conforms to the requirements of all other ordinances of Horsham Township
and with the laws of the commonwealth.
[Amended 9-16-1998 by Ord. No. 1147; 8-8-2001 by Ord. No.
452]
No building shall be constructed or altered
in the Township, or the use of any building changed, nor the use of
land commenced or changed, nor any environmental resource disturbed
nor structure demolished until a zoning permit has been secured from
the Zoning Officer; except that no zoning permit shall be required
for the erection of farm buildings to be placed more than 150 feet
from the legal right-of-way of any road, and no zoning permit shall
be required for activities exempted by Act 133 of 1982 (Right to Farm).[1] Upon completion of the work authorized by any permit,
the applicant for the permit shall notify the Zoning Officer of such
completion. No permit shall be considered as complete or as permanently
effective until the Zoning Officer has noted on the permit that the
work has been inspected and approved as being in conformity with the
provisions of this chapter.
[1]
Editor's Note: See 3 P.S. § 951
et seq.
All applications for zoning permits shall be
made in writing by the owner or tenants or authorized agent, and shall
be filed with the Zoning Officer. The application shall:
A.
Include a statement as to the proposed use of the
building.
B.
Be accompanied by the working plans drawn to scale,
showing the location of the building in relation to property and road
lines.
C.
Include a statement that the side lines 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.
D.
Give the name and address of the person who has so
located and staked the road lines.
E.
When deemed appropriate by the Zoning Officer, submit
a plan delineating any woodlands, wetlands, floodplains, lakes, ponds,
steep slopes and/or watercourses which exist on the property, and
any wetlands, lakes, ponds, and/or watercourses located within 75
feet of the property.
[Added 9-16-1998 by Ord. No. 1147]
An appeal or an application for a special exception
or variance from the terms of this chapter may be filed with the Zoning
Officer and shall set forth the following facts:
A.
Name and address of the applicant.
B.
Name and address of the owner of the real estate to
be affected by the proposed exception or variance.
C.
A brief description and location of the real estate
to be affected by such proposed change.
D.
Present zoning classification of the real estate in
question, the improvements thereon, and its present use.
E.
Section of this article under which the variance or
exception requested may be allowed and reasons for which it should
be granted.
F.
A reasonably accurate description of the improvements
and the additions intended to be made under this application, indicating
the size of such proposed improvements, material and general construction
thereof, and attached thereto shall be a plot plan of the real estate
to be affected, prepared by a registered engineer, indicating the
location and size of the lot and the size of the improvements now
erected and proposed to be erected thereon.
An appeal from the decision of the Zoning Officer
should be taken within 30 days.
The applicant for a permit, appeal to the Zoning
Hearing Board, or conditional use 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
Township Council upon the enactment of this chapter, or as shall be
determined from time to time by the Township Council.
Whenever a conditional use is authorized pursuant
to the terms of this chapter as amended, the procedures for application
and review of requested conditional uses shall be as follows:
A.
Written request. The landowner shall make a written
request to the Township Council that it hold a hearing on his or her
application. The request shall contain a statement reasonably informing
the Township Council of the matters that are in issue.
B.
Plans and accompanying documents. The application shall be accompanied by plans and other materials in accordance with § 230-228. If the application shall involve a subdivision or land development, then plans prepared in accordance with the requirements of Chapter 198, Subdivision and Land Development, shall be filed for review as well.
C.
Hearing on conditional use request. The Township Council
shall hold a hearing upon the request and shall give public notice
as defined herein. The hearing shall be held within 60 days after
the date the request is filed, unless the applicant requests or consents
in writing to an extension of time.
D.
Decision on conditional use request. In allowing a
conditional use, the Township Council may attach reasonable conditions
and safeguards as may be deemed necessary to implement the purposes
of this chapter and ensure the protection of adjacent uses from adverse
impacts that may be determined from credible testimony.
