Persons desiring to undertake any new construction, structural or site alteration, or changes in the use of a building or lot shall apply to the Township Zoning Officer for a zoning permit by filling out the appropriate application form and by submitting the required fee.

The Zoning Officer shall either issue the zoning permit or shall refuse the Permit, indicating in writing the reason for refusal. Certain construction, alterations or uses require approval of the Zoning Hearing Board and/or the Board of Supervisors and/or the Planning Commission.

If refused a Permit by the Zoning Officer, the applicant may appeal to the Zoning Hearing Board for further consideration.

After the zoning permit has been received by the applicant, he may undertake the action permitted by the zoning permit.

Upon completion of such action, the applicant may apply to the Township Zoning Officer for an occupancy permit (where such a permit is required).

If the Zoning Officer finds that the action of the applicant is in accordance with the zoning permit and any other required permits, he shall issue an occupancy permit allowing the premises to be occupied.

Zoning Permit.

Certificate of Use and Occupancy.

Certificate of Nonconforming Use or Structure.

Appointment.

Duties and Powers. It shall be the duty of the Zoning Officer to enforce literally the provisions of this chapter, as amended, and shall have such duties and powers as are conferred by this chapter and as are reasonably implied for that purpose. The Zoning Officer's duties shall include but are not limited to the following:

Notice of Violations. The Zoning Officer shall serve a notice of violation on any person, firm, corporation or partnership responsible for violating any of the provisions of this chapter, or in violation of a detailed statement or a plan approved thereunder. Notice of violation shall be in writing, indicating the nature of the violation and action necessary to correct the same. If the notice of violation is not complied with, the Zoning Officer is hereby authorized to file a complaint with the district magistrate located closest to the site of the alleged violation.

Creation and Membership.

Organization.

Expenditures and Compensation. Within the limits of funds appropriated by the Board of Supervisors, the Zoning Hearing Board may employ or contract for secretaries, clerks, legal counsel, consultants and other technical and clerical services. Members of the Zoning Hearing Board may receive compensation for the performance of their duties, as may be fixed by the Board of Supervisors, but in no case shall it exceed the rate of compensation authorized by the Board of Supervisors.

Procedures for Application. The Zoning Hearing Board shall act in strict accordance with the procedures specified by the Pennsylvania Municipalities Planning Code, as amended, and as it may be amended, and by this chapter. All appeals and applications made to the Zoning Hearing Board shall be in writing, on forms prescribed by the Zoning Hearing Board. Every appeal or application shall refer to the specific provision of this chapter involved and shall exactly set forth the interpretation that is claimed, the grounds for any challenges to validity of this chapter, the use for which a special permit is sought, or the details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted, as the case may be. In all cases, the Zoning Hearing Board shall request the Board of Supervisors and the Township Planning Commission to review and comment on the application prior to rendering a decision.

Variances. 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. In granting any variance the Zoning Hearing 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, as amended. The Zoning Hearing Board may, by rule, prescribe the form of application and may require preliminary application to the Zoning Officer. In all cases, the Zoning Hearing Board shall request the Board of Supervisors and the Planning Commission to review and comment on the application prior to rendering a decision. The Zoning Hearing Board may grant a variance provided that all the following findings are made where relevant in a given case:

Special Exceptions. The Zoning Hearing Board shall hear and decide, upon application, only such special exceptions which the Zoning Hearing Board by the provisions of this chapter is specifically authorized to issue. The granting of a special exception when specifically authorized by the terms of this chapter shall be subject to the following standards and criteria. The applicant for a special exception shall demonstrate, as a condition to approval of his application, compliance with these criteria and those criteria specified elsewhere in this chapter for the use in question. In all cases, the Zoning Hearing Board shall request the Board of Supervisors and the Planning Commission to review and comment on the application prior to rendering a decision.

Public notice, as defined by law, and written notice shall be given to the public, the applicant, adjoining property owners of the applicant property (which includes property owners across the street from the applicant property), the zoning officer, such other persons as the Township Board of Supervisors shall designate by ordinance 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 ordinance or, in the absence of ordinance provision, by rules of the Board. In addition to the written notice provided herein, notice of said hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing.

The Township Board of Supervisors may prescribe reasonable fees consistent with the Pennsylvania Municipalities Planning Code.

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.

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.

In all cases, 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.

The chairman or acting chairman of the Board or the hearing officer presiding shall have the 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.

The parties shall have the right to be represented by counsel. All such representation shall be confirmed on the record and all statements presented on behalf of said party shall be binding for the purposes of administration and enforcement. All parties shall be afforded the opportunity to respond and present evidence and argument and cross examine adverse witnesses on all relevant issues.

Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded.

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.

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 advise 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.

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 the 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 act or of any 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 the 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 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 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 (a) of this section. If the Board shall fail to provide such notice, the applicant may do so. Nothing in the subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.

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.

Initiation of Amendments. Proposals and/or applications for amendment, supplement, change, re-zoning, modification or repeal may be initiated by the Board of Supervisors on its own motion, by the Township Planning Commission or by request of owners of property subject to the following provisions:

Referral to County Planning Agency. At least 30 days prior to the hearing on the proposed ordinance amendment, re-zoning, modification, change or supplement, the Board of Supervisors shall submit the proposal to the County planning agency for its recommendations.

Hearings.

Post Enactment Procedures.

Procedure for Landowner Curative Amendments.

Procedure for Municipal Curative Amendments.

Four copies of an application for permission to conduct a use permitted by condition shall be submitted to the Township Secretary. Such application shall include all information specified for a zoning permit application and any other information necessary to allow the Township Board of Supervisors to determine that all requirements of this chapter have been met. The applicant shall be responsible for all pertinent costs incurred for the review of the application.

The application procedures for a conditional use hearing shall be consistent with the requirements specified by the Pennsylvania Municipalities Planning Code, as amended.

The application shall be reviewed at one or more advertised meetings of the Township Board of Supervisors.

Conditional uses shall meet the specific standard established for each use by this chapter and all other applicable Zoning District requirements and general regulations established by this chapter. In addition, the following standards shall be met:

The Board of Supervisors shall either approve or disapprove the application within 90 days after the date the application is received by the Township Secretary.

The Township Board of Supervisors may attach such additional reasonable conditions and safeguards as they deem necessary to implement the purpose of this chapter and the Pennsylvania Municipalities Planning Code, as amended.

The granting of permission to conduct a use permitted by condition does not exempt an applicant from acquiring all approvals required by the Township's Subdivision and Land Development Ordinance (see Chapter 27 of the Township Code of Ordinances).

The approval of a conditional use, if authorized by the Board, which anticipates construction or modification of a structure, creation of new or revised lot lines or dimensional standards for a property or structure situated thereon, shall be valid and remain in effect for a term of one year from the date of said approval and shall thereafter expire and be void, unless said construction, modification, new or revised lot lines or dimensional standards or change of use or occupancy be initiated within said one year term or said term is expressly extended as part of the initial approval. In the event that the activity anticipated by the conditional use should not be initiated within one year of the approval or such additional term as may be expressed in the approval or should the activity which is the subject of the conditional use be discontinued, the premises or structure or structure situated thereon shall not thereafter be used except in conformity with the regulations of the district in which it is located.

The Governing Body shall establish a schedule of fees, charges and expenses and collection procedures for zoning permits, certificates of occupancy, special exceptions, variances and appeals and other matters pertaining to this chapter.

The schedule of fees shall be available for inspection in the office of the Zoning Officer and may be altered or amended by the Governing Body.

Until all application fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.

Remedies. In case any buildings or structures are erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter, the Governing Body or, with its approval, the Zoning Officer, in addition to other remedies, may institute in the name of the Township any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct business or use in or about such premises. The rights and remedies provided in this chapter are cumulative and are in addition to all other remedies provided by law.

Penalties. Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding by a municipality, pay a minimum judgment of $25 up to a maximum of $600 for a first offense and a minimum of $100 up to a maximum of $600 for each consecutive offense. In addition to the judgment, the liable party shall be responsible for paying all court costs, including reasonable attorneys' fees incurred by the Township as a result of the violation. Each day that the violation is continued shall constitute a separate offense. All fines collected for the violation of this chapter shall be paid over to the Township. All fines and penalties may be collected by suit or summary proceeding brought in the name of the Township before any district justice or other appropriate court with jurisdiction.