No building or structure shall be erected, added to, or structurally altered until a permit therefore has been issued by the Zoning Officer. All applications for zoning and building permits shall be in accordance with the requirements of this chapter, and unless upon written order of the ZHB no such zoning and/or building 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.

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 the estimated cost of such activities does not exceed 100% of the fair market value of the existing structure.

There shall be submitted with all applications for zoning and building permits 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 of the building on the lot, and accessory buildings to be erected, and other such information as may be deemed necessary by the Zoning Officer to determine and provide for the enforcement of this chapter.

One copy of such layout or plot 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 Commissioners.

Additional construction details as determined by the person or company providing inspection services to the Township for the purpose of administering the provisions of the UCC, shall be provided by the applicant prior to the issuance of a zoning and/or building permit.

Completion of the authorized new construction, alteration, remodeling, change or use of building or land under the provisions of a zoning and/or building permit shall not be occupied until an occupancy permit has been issued by the Zoning Officer. Written request to the Zoning Officer shall be processed within two weeks of receipt of the request for the proposed use provided the use is in conformity with the provisions of this chapter and other effective and applicable ordinances. The Zoning Officer's refusal to issue an occupancy permit shall include a written statement to the applicant containing reasons for such denial.

Occupancy permits are required for all changes in use and any time a property is sold, as follows:

Occupancy permits shall state that the building or the proposed use of a building or land complies with all provisions of this chapter and all other applicable ordinances, that the Township is deemed to authorize such permit and is 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.

If it appears to the Township that a violation of any zoning provision enacted under this chapter or prior enabling laws has occurred, the Township shall initiate enforcement proceedings by sending an enforcement notice as provided in this section.

The enforcement notice shall be sent 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 that parcel, and to any other person requested in writing by the owner of record.

An enforcement notice shall state at least the following:

In any appeal of an enforcement notice to the ZHB, the Township shall have the responsibility of presenting its evidence first.

Any filing fees paid by a party to appeal an enforcement notice to the ZHB shall be returned to the appealing party by the Township if the ZHB, or any court in a subsequent appeal, rules in the appealing party's favor.

Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of any zoning ordinance enacted under this act or prior enabling laws shall, upon being found liable therefor in a civil enforcement proceeding commenced by a Township, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by a 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 Township 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 zoning ordinances shall be paid over to the Township whose ordinance has been violated.

The Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment.

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.

Users should be aware that the following section is a summary of requirements of the MPC, Act of 1968, P.L. 805, No. 247, as reenacted and amended,[1] and should refer to the MPC for the complete requirements under Pennsylvania Law.

The regulations and provisions of this chapter and the Official Zoning Map may be amended from time to time, upon recommendation of the Planning Commission or the Board of Commissioners, or by application of an effected party.

Enactment of amendments. Zoning amendments procedures shall adhere to the requirements of § 609 of the MPC, 53 P.S. § 10609, as amended.

Public hearing. The Board of Commissioners shall hold a public hearing on a proposed amendment pursuant to public notice, and pursuant to mailed notice and electronic notice to an owner of a tract or parcel of land located within the Township or an owner of the mineral rights in a tract or parcel of land within the Township who has made a timely request in accordance with § 109 of the MPC[2] before voting on enactment of an amendment. In addition, if the proposed amendment involves an Official Zoning Map change, notice of said public hearing shall be conspicuously posted by the Township at points deemed sufficient by the Township along the tract to notify potentially interested citizens. The affected tract or area shall be posted at least one week prior to the date of the hearing.

Planning commission review. In the case of an amendment other than that prepared by the Planning Commission, the Board of Commissioners shall submit the amendment to the Planning Commission at least 30 days prior to the hearing on the proposed amendment for recommendations.

County planning review. The recommendation of the county planning agency shall be made to the Board of Commissioners within 45 days and the proposed action shall not be taken until such recommendation is made. If, however, the county fails to act within 45 days, the Board of Commissioners shall proceed without its recommendation.

Landowner curative amendments. A landowner who desires to challenge on substantive grounds the validity of a zoning ordinance or map or any provision thereof, which prohibits or restricts the use or development of land in which he has an interest may submit a curative amendment to the Board of Commissioners with a written request that his challenge and proposed amendment be heard and decided in accordance with § 916.1 of the MPC, 53 P.S. § 10916.1, as amended. All procedures regarding landowner curative amendments shall be conducted in accordance with § 609.1 of the MPC, 53 P.S. § 10609.1, as amended.

Municipal curative amendments. If the Board of Commissioners determines that this chapter or a portion thereof is substantially invalid, it may implement the procedure for municipal curative amendments provided for in § 609.2 of the MPC, 53 P.S. § 10609.2, as amended.