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

A permit issued by the Zoning Officer shall be required before land, buildings and structures be used or have their use changed or expanded; structures shall not be built or installed, nor shall any conversion which increases the number of dwelling units or additional activity accessory to the primary use occur, unless otherwise provided for in this Chapter. No permit shall be issued unless there is conformity with the provisions of this Chapter, except upon written order from the Zoning Hearing Board in the form of a variance or upon order from any court of competent jurisdiction. In the Historic Overlay District, a certificate of appropriateness shall be required to alter the exterior of any building according to the provisions of Chapter 4 before a permit may be issued.

Upon receipt of the zoning permit application and all accompanying information, the Zoning Officer shall examine them and determine compliance with this Chapter. Within 30 days from the date the Officer receives the application, a copy of the Zoning Officer’s decision with respect to compliance with this Chapter shall be returned to the applicant. A copy shall be retained by the Zoning Officer. The zoning permit shall expire six months from the date of approval of the application by the Zoning Officer if work described in the permit has not begun. If disapproved, the Zoning Officer shall attach a statement to the application explaining the reasons therefor, indicating the manner in which the application could be corrected and/or modified to obtain approval, and informing the applicant of his rights to appeal.

If the work authorized in the zoning permit is commenced within six months after approval of the application by the Zoning Officer, the permit shall expire one year from the date of issuance; provided, that the permit may be extended at the discretion of the Zoning Officer for a period not exceeding one year.

The Zoning Officer shall revoke a permit issued under the provisions of this Chapter in case of any false statement or misrepresentation of fact in the application on which the approval was based or for any other cause set forth in this Chapter.

It shall be unlawful to put to use any building, structure or land or portion thereof for which a zoning permit is required or to change the use of any building, structure or land or portion thereof until a certificate of use and occupancy has been issued by the Township. A certificate of use and occupancy shall not be issued unless the Zoning Officer or other designated municipal official has inspected such building, structure or land and has determined that all provisions of this Chapter have been met. The lot shall be graded, construction debris shall be removed from the lot, and the Building Inspector shall indicate compliance with the Building Code.

Upon receipt of written notification that the applicant is ready to use the premises for which a permit has been issued or for a change in use, the Zoning Officer or other designated municipal official shall inspect the premises within 10 days to determine compliance with the approved application and this Chapter. If in compliance, he shall approve and sign a certificate of use and occupancy for the use indicated on the approved application. The Zoning Officer shall retain a copy of the certificate of use and occupancy as part of the municipal records. If he finds that the work has not been performed or that the use of the premises does not comply with the approved application and this Chapter, the municipal official shall refuse to approve and sign the certificate of use and occupancy and in writing give the reasons therefor and inform the applicant of his right of appeal.

In zoning districts in which performance standards are imposed, no certificate of use and occupancy shall become permanent until the Zoning Officer has reinspected the facility and determined that it is in compliance with all performance standards. The owner of the facility shall request that the Zoning Officer reinspect said facility. Such request shall be made no less than 30 nor more than 45 days after the facility is fully operating, but in no event shall such request be made more than 120 days after the certificate of use and occupancy has been issued. The Zoning Officer shall reinspect the facility within 30 days of receipt of such notification, and he shall notify the applicant, in writing, within 10 days thereof that (A) the facility is in full compliance with all performance standards and the certificate of use and occupancy is permanent or (B) the facility does not comply with the performance standards and that the certificate of use and occupancy is still temporary and may be revoked if the applicant does not correct all violations. Requests for additional reinspection and action by the Zoning Officer for correction of violations shall follow the same procedure and requirement as described in this paragraph for reinspections.

The Zoning Officer may issue a temporary use permit for such temporary uses as tents, trailers, and buildings on construction sites. The Commissioners may authorize a temporary use permit for a structure or use which it deems beneficial to the public health or general welfare or necessary to promote the proper development of the Township; provided, that such structure or use shall be completely removed upon expiration of the temporary use permit without cost to the Township.

Such temporary use permits shall be for the period of time to be determined by the Zoning Officer or Commissioners, as applicable, at the time of application, but in no case shall any certificates, except those for uses on construction sites, be issued for more than six months.

Sign permits are required pursuant to §27-500.

The Township Commissioners shall establish, by resolution, a schedule of fees and charges for zoning permits, certificates of use and occupancy, special exceptions, variances, appeals, conditional uses, amendments to this Chapter and other matters pertaining to this Chapter. A collection procedure shall also be established. Until all application fees and charges have been paid in full, no action shall be taken on any application or other matter relating thereto.

The provisions of this Chapter and the boundaries of zoning districts as set forth on the official zoning map may from time to time be amended, supplemented, or changed by the Township Commissioners in accordance with the procedures established in the Pennsylvania Municipalities Planning Code, as amended. The procedures for proposing landowner or municipal curative amendments shall be as established in the Pennsylvania Municipalities Planning Code, as amended.

In case any building, structure, landscaping or land is, or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained or used in violation of this Chapter, the Township Commissioners or, with the approval of the Commissioners, an officer of the Township, or any aggrieved owner or tenant of real property who shows that his property or person will be substantially affected by the alleged violation, in addition to other remedies, may institute any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure, landscaping or land, or to prevent, in or about such premises, any act, conduct, business or use constituting a violation. When a landowner or tenant institutes any such action, notice of that action shall be served upon the Township at least 30 days prior to the time the action is begun by serving a copy of the complaint on the Commissioners. No such action may be maintained until such notice has been given.

If it appears to the Township that a violation of this Chapter has occurred, the Township shall initiate enforcement proceedings by sending an enforcement notice as provided for in the Pennsylvania Municipalities Planning Code, as amended.

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.

Any person, partnership or corporation who has violated or permitted the violation of the provisions of this Chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $500 plus all court costs, including attorney fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or be payable until the date of the determination of a violation by the District Justice. If the defendant neither pays nor appeals the judgment in a timely manner, the Township may enforce the judgment pursuant to the applicable rules of civil procedures. Each day that a violation continues shall constitute a separate violation, unless the District Justice determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating this Chapter 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 District Justice 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 this Chapter shall be paid over to the Township.

Proceedings for securing review of any ordinance or of any decision, determination or order of the Township Commissioners, their agencies, the Zoning Hearing Board, or Zoning Officer issued pursuant to this Chapter shall be in accordance with the Pennsylvania Municipalities Planning Code, as amended.

Wherever this Chapter provides for conditional uses to be authorized by the Township Commissioners, the procedures set forth in this Section shall be the exclusive mode for securing authorization for or approval of any such conditional use, and the Commissioners shall give consideration to any such conditional use in accordance with the provisions of this Section.

An application for a conditional use shall be made in writing to the Commissioners and shall be accompanied by the written material and data required by this Chapter for a Zoning Permit, along with such other written and graphic material as may be required by the Commissioners in order to adequately make the decisions and determinations required by this Chapter, and the names and addresses of all adjacent landowners. All applications, along with the written material and data required by this Chapter, shall be submitted in quadruplicate, and shall be accompanied by such fees as shall be set forth in a resolution of the Commissioners.

The Commissioners shall render a written decision upon application for a conditional use within 45 days after the last public hearing before the Commissioners. In authorizing or approving any such conditional use the Commissioners shall have power to attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this Chapter. Where the application is contested or denied, each such written decision shall be accompanied by findings of fact and conclusions based thereon together with the reasons therefor. Conclusions based on any provisions of the Pennsylvania Municipalities Planning Code or any ordinance, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in light of the facts found. Where the Commissioners have power to render a decision and fail to render the same within the period required by this Section, or fail to commence, conduct or complete the required hearing as provided for in this Section, within 60 days from the date of the applicant’s request for a hearing or fail to complete the hearing no later than 100 days after the completion of the applicant’s case-in-chief, unless extended for good cause upon application to the court of common pleas, 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. Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction. When a decision has been rendered in favor of the applicant because of the failure of the Commissioners to meet or render a decision as hereinabove 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 act. If the Commissioners shall fail to provide such notice, the applicant may do so.

A copy of the written decision 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 Commissioners not later than the date of the last public hearing before the Commissioners, the Commissioners shall provide, by mail or otherwise, brief notice of the decision and the statement of the place at which the full decision may be examined.

Nothing in this Chapter shall relieve the owner or his agent, the developer, or the applicant for the conditional use approval from receiving a subdivision plan approval in accordance with the Township Subdivision and Land Development Ordinance, Chapter 22.

Whenever under this Chapter a use is not specifically permitted, the Zoning Officer shall refer to the North American Industry Classification System Manual (2012 or current edition) for the appropriate classification in accordance with approved uses in that zoning district. If the use is not described or classified or the zoning permit has been denied and an applicant makes an application to the Zoning Officer for such use, the Zoning Officer shall refer the case to the Zoning Hearing Board to hear and decide such request as a special exception. The Zoning Hearing Board shall have the authority to permit the use or deny the use in accordance with the standards governing special exception applications. The use may be permitted if it is similar to and compatible with the permitted uses in the district in which the subject property is located; is not permitted in any other district under the terms of this Chapter; and in no way is in conflict with the general purposes and intent of this Chapter. The burden of proof shall be upon the applicant to demonstrate that the proposed use meets the foregoing criteria and would not be detrimental to the public health, safety and welfare of the neighborhood.