Buffalo Township Washington County
City Zoning Code
City Zoning Code
ARTICLE X
Administration and Enforcement
§ 265-59 Zoning Officer.
The provisions of this chapter shall be administered and enforced by the Zoning Officer, who shall be appointed by the Board of Township Supervisors. The Zoning Officer shall not hold any elective office in the Township.
§ 265-60 Duties of Zoning Officer.
The duties of the Zoning Officer shall be to:
A.
Receive, examine and process all applications for zoning permits;
B.
Issue permits for Permitted Uses in accordance with the literal terms of this chapter;
C.
Issue permits for special exception uses upon order of the Zoning Hearing Board;
D.
Issue permits for conditional uses upon order of the Board of Township Supervisors;
E.
Receive applications for special exceptions and variances and forward these applications to the Zoning Hearing Board for action thereon;
F.
Receive applications for conditional uses, curative amendments and zoning changes, forwarding such applications to the Township Planning Commission, Board of Supervisors and to the Washington County Planning Commission in accordance with law;
G.
Following refusal to issue a permit under Subsection B above, to receive applications for interpretation appeals and variances and to forward these applications to the Zoning Hearing Board for action thereon;
H.
Conduct inspections and surveys to determine compliance or noncompliance with the terms of this chapter;
I.
Issue Building Permits and Occupancy Certificates;
J.
Record and file all applications for zoning permits with accompanying plans and documents. All applications, plans and documents shall be a public record;
K.
Maintain the Township Zoning Map and/or lists showing the current zoning classifications of all land in the Township;
L.
Maintain records of all actions taken pursuant to this chapter.
§ 265-61 Zoning permits.
B.
Application for permits. Applications for permits shall be made in writing to the Township Zoning Officer (or to such other person as may be designated by the Township Supervisors) on such forms as may be furnished by the Township. Such application shall include building and plot plans in duplicate of a satisfactory nature and shall contain all information necessary for such official to ascertain whether the proposed erection, alteration, use or change in use complies with the provisions of this chapter. Such applications shall be in accordance with applicable sections of this chapter and in accordance with the Township Subdivision Regulations. No permit shall be considered complete or permanently effective until the Township Zoning Officer has certified that the work meets all the requirements of applicable codes and ordinances. All applications with accompanying plans and documents shall become a public record.
C.
Issuance of permits.
(1)
No zoning permit shall be issued except in conformity with the regulations of this chapter or except after written order from the Zoning Hearing Board or the Courts.
(2)
Permits shall be granted or refused within 30 or such other time as may be specified herein after the date of application. In case of refusal, the applicant shall be informed of his rights to appeal to the Zoning Hearing Board.
D.
Duration of permit. A zoning permit shall become null and void and a new zoning permit must be obtained if the construction or development authorized by the original permit has not been completed before the expiration of one year from the issue date of the permit.
§ 265-62 Certificate of occupancy.
A.
Occupancy permits are required under the following circumstances:
(1)
Prior to occupancy of any new structure or portion of a structure for which a building permit has been issued; Prior to the occupancy of an existing structure by a new tenant, lessee, management or owner; and/or
(2)
Prior to any change in use or additional type of use of a structure or land other than the business or use as currently operated under the existing occupancy permit. The use of previously unoccupied land constitutes a "change in use."
B.
Application for occupancy permits.
(1)
Upon the completion of the erection or alteration of any building or portion thereof, or the moving of any building, the owner or person acting for the owner shall notify the Zoning Officer of such completion and submit a final site or plot plan as verified by survey.
(2)
Prior to the occupancy of an existing structure by a new tenant, lessee, management, or owner and prior to any change in use or additional type of use of a structure or land, the owner or person acting for the owner shall notify the Zoning Officer in writing of the intention to occupy, or change, or add to the use and comply with the Plan Review procedures of this chapter.
(3)
The minimum number of berths completed and ready for occupancy before first occupancy in a mobile home park shall be 50.
C.
Issuance of occupancy permits.
(1)
All occupancy permits shall be granted or denied by the Zoning Officer within 10 days after the date of application.
(2)
Under the following conditions a temporary occupancy permit may be authorized and/or granted:
(a)
In hardship cases where the occupancy of the building is shown to be essential and such occupancy will not cause harm to the health and welfare of the occupants. In the Highway Commercial and Light Industrial Districts no business shall be conducted under such a permit. Said structure shall be open to the inspection of the Zoning Officer, Building Inspector and Fire Marshal for the authorization of a final occupancy permit. Such a temporary permit shall become invalid in 30 days.
(b)
All occupancy permits granted in the Highway Commercial and Light Industrial Districts shall be classified as temporary for 30 days after the facility is fully operating when upon a reinspection by the Zoning Officer, Building Inspector and Fire Marshal it is determined that the facility is in compliance with all performance standards imposed by this article.
(c)
All temporary permits must be validated as permanent by the Township Zoning Officer prior to their expiration date.
D.
Expiration and renewal of occupancy permits. Occupancy permits expire with any change in use, additional type of use, change in tenant, lessee, management or ownership. If upon inspection by the Zoning Officer, the site plans as required by this article are on record, and no change in use or additional type of use is being requested, the former occupancy permit may be renewed under the new tenant, lessee, manager or owner's name by the Zoning Officer.
§ 265-63 Complaints regarding violations.
Whenever a violation of this chapter occurs or is alleged to have occurred, any person may file a written complaint. Such complaint, stating fully the causes and basis thereof, shall be filed with the Township Zoning Officer and the Township Secretary (or such other person as may be designated by the Township Supervisors). He shall record properly such complaint, immediately investigate and take action thereon as provided by this chapter.
§ 265-64 Enforcement.
This chapter shall be enforced by the Township Zoning Officer (or such other person as may be designated by the Township Supervisors) of the Township of Buffalo. No permit of any kind as provided in this chapter shall be granted by him for any purpose except in compliance with the provisions of this chapter or a decision of the Zoning Hearing Board of the Courts.
§ 265-65 Notification of violation.
A.
If the Township Zoning Officer (or such other person as may be designated by the Township Supervisors) shall find that any of the provisions of this chapter are being violated, he shall notify in writing the person responsible for such violation indicating the nature of the violation and order the action necessary to correct it. He shall order discontinuance of illegal use of land, building or structure; removal of illegal buildings or structures or of additions, alterations, or structural changes thereto; discontinue any illegal work being done; or shall take any other action authorized by this chapter to ensure compliance with, or prevent violation of, its provisions.
B.
Whenever a person has been officially notified by the Township Manager (or such other person as may be designated by the Township Supervisors) or by service of a summons in a prosecution or in any other official manner that he is committing a violation, each day's continuance of such violation after such notification shall constitute a separate offense punishable by a like fine or penalty.
§ 265-66 Enforcement penalties.
A.
Any person, partnership or corporation who or which shall violate the provisions of this chapter shall, upon conviction thereof in a summary proceeding, be sentenced to pay a fine of not more than $500.
B.
In default of payment of the fine, such person, the members of such partnership or the officers of such corporation shall be liable to imprisonment for not more than 60 days. Each day that a violation is continued shall constitute a separate offense.
§ 265-67 Enforcement remedies.
In case any building, structure or land is, or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained or used in violation of this chapter, the Board of Township Supervisors, in addition to other remedies, may institute in the name of the Township any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure or use of land, or to prevent, in or about such premises, any act, conduct, business or use constituting a violation.
§ 265-68 Determination of fees.
A.
The Township Supervisors shall determine a schedule of fees, charges and expenses, as well as a collection procedure for special permits, variances, amendments and other matters pertaining to the Ordinance. Said schedule of fees shall be posted in the office of the Zoning Officer.
B.
The Township Supervisors shall be empowered to reevaluate the fee schedule and make necessary alterations to it. Such alterations shall not be considered an amendment to this chapter, and may be adopted at any public meeting of the Supervisors by resolution.
C.
The required fees for zoning district amendments may vary according to advertising costs and thus shall be kept up-to-date by the Township Supervisors and the Zoning Officer. All such fees shall be paid into the Township Treasury.