2.   After any necessary review by the Zoning Hearing Board or Board of Supervisors the Zoning Officer either shall issue the zoning permit or shall refuse the permit, indicating in writing the reason for refusal.

   3.   If refused a permit, the applicant may appeal to the Board for further consideration.

   4.   After the zoning permit has been received by the applicant, he may undertake the action permitted by the zoning permit and any other necessary permits.

   5.   Upon completion of such action, the applicant shall apply to the Zoning Officer for an occupancy permit, where such a permit is required.

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

(Ord. 1-1989, 11/18/1989, §11.1)

   2.   Duties and Powers. The Zoning Officer shall:

      A.   Administer this Chapter in accordance with its literal terms.

      B.   Identify and register nonconforming uses, nonconforming structures and nonconforming lots, together with the reasons why the Zoning Officer identified them as nonconformities.

      C.   Receive and examine all applications required under the terms of this Chapter.

      D.   Issue or refuse permits within 30 days of the receipt of the application or, where applicable, shall refer said application within 10 days to the Board.

      E.   Issue a written notice of violation, or an enforcement notice as provided for in §616.1 of the Municipalities Planning Code, 53 P.S. §10616.1, as amended, to any person, firm, partnership or corporation violating any provisions of this Chapter and assist the Board of Supervisors to prepare for any civil enforcement proceedings for enforcement of this Chapter.

      F.   Keep records of applications, permits, and certificates issued, of variances granted by the Board, of inspections made, of reports rendered, and of notice or orders issued.

      G.   Make all required inspections and perform all other duties as called for in this Chapter.

   The Zoning Officer shall not have the power to permit any construction, use or change of use which does not conform to this Chapter.

(Ord. 1-1989, 11/18/1989, §11.2)

      A.   All applications for zoning permits for permitted uses, conditional uses, or special exceptions, for building and occupancy permits, for certificates of nonconforming uses or structures, for variances and for interpretations of any fact or provision of this Chapter shall be made directly to the Zoning Officer.

      B.   Such applications shall be in writing and shall include a plot plan drawn to scale showing the location and dimensions of the lot area and of the proposed uses of building and/or land. The Zoning Officer or the Zoning Hearing Board may require any additional information which is deemed necessary to properly evaluate the application for the purpose of determining its conformity with this Chapter.

      C.   A building permit shall become void if construction is not commenced within 6 months and/or completed within 24 months of the date of issuance. Provided, however, that for building permits issued prior to the adoption of these amendments, the work must be commenced within 12 months and/or completed within 24 months of the date of issuance.

   2.   Appeals to Zoning Hearing Board.

      A.   All appeals which allege that the Zoning Officer has made an error shall be filed directly with the Secretary of the Zoning Hearing Board within 60 days of the Officer’s alleged error.

      B.   Such appeals shall be in writing and shall explain fully the facts and parties in the case and shall clearly state the reasons or provisions of this Chapter on which the appeal is based.

(Ord. 1-1989, 11/18/1989, §11.3)

      A.   Permitted Uses. A zoning permit for a permitted principal or accessory use may be issued by the Zoning Officer.

      B.   Special Exceptions. A zoning permit for a special exception may be issued by the Zoning Officer only upon the order of the Board after a hearing following a review by the Planning Commission.

      C.   Conditional Uses. A zoning permit for a conditional use may be issued by the Zoning Officer only upon the order of the Board of Supervisors after a hearing following a review by the Planning Commission.

(Ord. 1-1989, 11/18/1989, §11.4)

   2.   All applications for occupancy permits shall be in writing on forms to be furnished by the Zoning Officer.

   3.   A copy of the occupancy permit shall be kept upon the premises, and shall be produced upon request made by any officer of the Township.

(Ord. 1-1989, 11/18/1989, §11.5)

(Ord. 1-1989, 11/18/1989, §11.6)

(Ord. 1-1989, 11/18/1989, §11.7)

   1.   Appointment. A Zoning Hearing Board is hereby established which shall consist of five residents of the Township appointed by resolution by the Board of Supervisors. Board members shall serve terms of 5 years, so fixed that the term of office of one member shall expire each year. Members of the Board shall hold no other office in the Township. The Board of Supervisors may appoint by resolution at least one but no more than three residents of the Township to serve as alternate members of the Board. The term of office of an alternate member shall be 3 years. When seated pursuant to the provisions of §906 of the Municipalities Planning Code, 53 P.S. §10906, as amended, an alternate shall be entitled to participate in all proceedings and discussions of the Board to the same and full extent as provided by law for Board members, including specifically the right to cast a vote as a voting member during the proceedings, and shall have all the powers and duties set forth in this act and as otherwise provided by law. Alternates shall hold no other office in the Township, including membership on the Planning Commission and Zoning Officer. Any alternate may participate in any proceeding or discussion of the Board but shall not be entitled to vote as a member of the Board nor be compensated unless designated as a voting alternate member pursuant to subsection .4.B.

   2.   Vacancies. The Board shall properly notify the Board of Supervisors of any vacancies which occur. Appointments to fill vacancies shall be only for the unexpired portion of a term.

   3.   Removal. Any board member may be removed for just cause by a majority vote of the Board of Supervisors, if the member has received 15 days notice of the intent to take such a vote. A hearing shall be held in connection with the vote if the member shall request it in writing.

   4.   Organization.

      A.   The Board shall elect officers from its own membership. Officers shall serve annual terms and may succeed themselves.

      B.   If, by reason of absence or disqualification of a member, a quorum is not reached, the chairman of the Board shall designate as many alternate members of the board to sit on the Board as may be needed to provide a quorum. Any alternate member of the Board shall continue to serve on the Board in all proceedings involving the matter or case for which the alternate was initially appointed until the Board has made a final determination of the matter or case. Designation of an alternate pursuant to this Section shall be made on a case-by-case basis in rotation according to declining seniority among all alternates.

      C.   The Board may make, alter, and rescind rules and forms for its procedure, consistent with all applicable municipal ordinances and laws of the Commonwealth.

(Ord. 1-1989, 11/18/1989, §11.8)

      A.   Appeals from Zoning Officer Action. The Board shall hear and decide appeals where it is alleged by the appellant that the Zoning Officer has failed to follow prescribed procedures, or has misinterpreted or misapplied any valid provision of this Chapter or any valid rule or regulation governing the action of the Zoning Officer. Nothing contained herein shall be construed to deny the appellant the right to proceed directly in court, pursuant to Pa. R.C.P. 1091 relating to action in mandamus.

      B.   Appeals from a Determination by the Township Engineer. The Board shall hear and decide appeals from a determination by the Township Engineer with reference to the administration of floodplain or flood hazard provisions and sedimentation and erosion control and storm management provisions of this Chapter as they relate to development not involving applications under the Township Subdivision and Land Development Ordinance [Chapter 22] or Planned Residential Development Ordinance provisions.

      C.   Challenge to the Validity of any Ordinance or Map. The Board shall hear challenges to the validity of this Chapter. At the conclusion of the hearing, the Board shall decide all contested questions and shall make findings on all relevant issues of fact which shall become part of the record on appeal to the court.

      D.   Variances. The Board shall hear requests for variances, which allege that the provisions of this Chapter inflict unnecessary hardship upon the applicant. The Board may grant a variance if all of the following findings, where relevant, are made:

         (1)   There are unique physical circumstances or conditions (including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property) and that the unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of this Chapter in the neighborhood or district in which the property is located.

         (2)   Because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of this Chapter, and a variance is therefore necessary to enable the reasonable use of the property.

         (3)   Such unnecessary hardship has not been created by the appellant.

         (4)   The variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare.

         (5)   The variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.

   In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this Chapter.

      E.   Special Exceptions. The Board shall hear and decide requests for all special exceptions as provided in this Chapter and in accordance with such standards and criteria contained in this Chapter. In granting a special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards, in addition to those expressed in this Chapter, as it may deem necessary to implement the purposes and intent of this Chapter.

      F.   Records and Reports. The Board shall keep full public records of its business and shall submit an annual report of its activities to the Board of Supervisors.

      G.   Zoning Hearing Board; Hearings and Decisions. The Zoning Hearing Board shall conduct hearings and make decisions in accordance with §908 of the Pennsylvania Municipalities Planning Code, 53 P.S. §10908, as amended, and the provisions of this paragraph .G. The hearings shall be conducted by the Board or the Board may appoint any member or an independent attorney 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. (For the purposes of this Section “Board” shall mean “Board or Hearing Officer,” if a hearing officer is appointed.)

         (1)   Notice of Hearings. Notice of all hearings of the Board shall be given as follows:

            (a)   Advertisement. Public notice shall be published, as defined by §107 of the Municipalities Planning Code, 53 P.S. §10107. The notice shall state the time and place of the hearing and the particular nature and property address of the matter to be considered.

            (b)   Posting. Notice of such hearing shall be conspicuously posted on the affected tract of land at least 1 week prior to the hearing. Such notice shall state the time and place of the hearing and a general description of the request.

            (c)   Persons Given Notices. All notice under this subparagraph should be intended to be received or posted at least 5 days prior to the hearing date.

               1)   Written notice shall be mailed or personally delivered to the applicant or his/her representative listed on an official application form.

               2)   Notice may be delivered or mailed to the chairperson of the Planning Commission or Township Secretary, and the last known address of owners of record of property abutting or directly across the street from the boundaries of the subject property. The applicant shall provide the Township with a list of such property owners. Failure of the Township to notify all such persons shall not invalidate any action by the Board.

               3)   Also, such notice shall be mailed or delivered to the address of any other person or group (including civic or community organizations)who has made a written timely request (including an address) for such notice.

                  d)   Adjacent Municipalities. In any matter which relates to a lot which lies within 250 feet of the boundary of another municipality, and where the Zoning Officer determines the proposed activity may have significant impact on that municipality, the Township staff may transmit to the a copy of the official notice of the public hearing on such matter prior to the hearing date. Representatives of such adjacent municipality shall have the right to appear and be heard at the public hearing. Failure of the Township to notify such municipality shall not invalidate any action by the Board.

                  e)   Fees. The Board of Supervisors may, by resolution, establish a reasonable fee schedule, based on cost, to be paid by: 1) the applicant for any notice required by this Chapter and 2) those persons requesting any notice not required by this Chapter.

         (2)   Parties in Hearings. The Zoning Hearing Board shall have the authority, if it chooses to exercise it, to determine who has standing on each case before the Board. (Note-“Standing” generally means a party being sufficiently affected or threatened by affects by a controversy to obtain judicial resolution of that controversy.)

            (a)   The parties to a hearing shall be the Board of Supervisors, the Planning Commission, any person affected by the application who has made timely appearance of record before the Board, representatives of any legitimate civic or community organization, and any other person permitted to appear before the Board.

            b)   The Board shall have power to require that all person who wish to be considered parties enter appearances in writing on forms provided by the Board for that purpose.

            c)   The Board shall determine that a person or business does not have standing if the Board finds that such person or business is apparently motivated primarily by an attempt to inhibit competition in an area of business, and that such person or business would not otherwise be threatened with substantive harm.

         (3)   Oaths and Subpoenas. The Chairperson of the Board or hearing officer 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 reasonably needed by and requested by the parties.

         (4)   Representation by Counsel. The parties shall have the right to be represented by legal counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on all relevant issues.

         (5)   Evidence and Counsel. Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded. The Board or the hearing officer, as applicable, shall keep a record of the proceedings as required.

         (6)   Communications Outside of Hearings.

            (a)   The Board shall not meet with, visit the site with or directly communicate specifically on the matter with the applicant or any officially protesting party or their representatives in connection with any issue involved, except if opportunity is provided for the applicant and any officially protesting party to participate.

            (b)   The Board shall not take notice of any communications, reports, staff memoranda, or other materials directly affecting a proposed application unless the parties are afforded an opportunity to examine and contest the material so noticed or unless such materials are already a matter of public record. This restriction shall not apply to advice from the Board’s Solicitor.

         (7)   Advisory Review. The Zoning Hearing Board may request that the Planning Commission, County Conservation District or Township Engineer provide an advisory review on any matter before the Board.

         (8)   Hearings and Decision. The Zoning Hearing Board shall conduct hearings and make decisions in accord with §908 of the Pennsylvania Municipalities Planning Code, 53 P.S. §10908, as amended.

         (9)   Solicitor Conflict.

            (a)   The Zoning Hearing Board Solicitor shall not represent private clients in cases before the Zoning Hearing Board.

            (b)   If a conflict of interest exists for the Zoning Hearing Board solicitor on a particular application, the Zoning Hearing Board Solicitor shall notify the Chairperson of the Board at least 7 days before the scheduled hearing date.

            (c)   The Board of Supervisors may appoint an alternate solicitor to the Zoning Hearing Board to serve as needed for a specific application or for a term of office.

[Ord. 2-2003]

(Ord. 1-1989, 11/18/1989, §11.9; as amended by Ord. 2-2003, 10/11/2003, §22)

      A.   All appeals for securing review of this Chapter or any decision, determination or order of the Board of Supervisors, its agencies or officers issued pursuant to this Chapter, shall be in conformance with Article X of the Municipalities Planning Code, 53 P.S. §§11001 et seq., as amended.

      B.   All appeals from the Zoning Officer and proceedings to challenge the substantive validity of any Ordinance may be filed with the Board in writing by the landowner affected, any office or agency of the Township, or any person aggrieved. Requests for a variance and for special exceptions may be filed with the Board by any landowner or any tenant with the permission of such landowner.

      C.   Questions of an alleged defect in the process of enactment or adoption of any ordinance or map shall be raised by an appeal taken directly from the action of the Board of Supervisors to the Court filed not later than 30 days from the effective date of this Chapter or map.

   2.   Information Required. All appeals from a decision of the Zoning Officer and applications to the Board shall be in writing on forms prescribed by the Board. Every appeal or application shall include the following:

      A.   The name and address of the applicant, or appellant.

      B.   The name and address of the owner of the property to be affected by such proposed change or appeal.

      C.   A brief description and location of the property to be affected by such proposed change or appeal.

      D.   A statement of the present zoning classification of the property in question, the improvements thereon and the present use thereof.

      E.   A statement of the Section of this Chapter under which the appeal is made and reasons why it should be granted, or a statement of the Section of this Chapter governing the situation in which the alleged erroneous ruling is being appealed and the reasons for the appeal.

      F.   A reasonably accurate description of the additions or changes intended to be made under this application, indicating the size, material and general construction of such proposed improvements. A plot plan of the property to be affected, indicating the location and size of the lot and the size of existing and intended improvements, shall be attached to the description.

   3.   The Board or Board of Supervisors shall commence a hearing on any appeal within 60 days of the request, unless the landowner requests a consent to an extension of time.

   4.   Expiration of Appeal Decision. Unless otherwise specified by the Board, a decision on any appeal or request for a variance shall expire if the applicant fails to obtain any necessary zoning permit, or comply with the conditions of said authorized permit within 6 months from the date of authorization thereof.

   5.   Appeal from Decision of Board. In the case of an appeal from the Board to the Court of Common Pleas, the Board shall make the return required by law, and shall promptly notify the Solicitor of the Township of such appeal and furnish him with a copy of the return including the transcript of testimony. Any decision of the Board not appealed within 30 days after notice thereof shall be final.

   6.   Stay of Proceedings.

      A.   Upon filing any appeal and during its pendency before the Board, all land development pursuant to any challenged ordinance, order or approval of the Zoning Officer or of any agency or body, and all official action thereunder shall be stayed.

      B.   However, if the Zoning Officer or any other appropriate agency or body certifies to the Board facts indicating that such stay would cause to imminent peril to life or property, the development or official action shall not be stayed otherwise than by a restraining order. Such restraining order may be granted by the Board or by a court having jurisdiction of zoning appeals on petition after notice to the Zoning Officer or other appropriate agency or body.

      C.   When an application for development (preliminary or final) has been duly approved, and proceedings designed to reverse or limit the approval are filed with the Board by persons other than the applicant, the applicant may petition the court to hold a hearing to determine if such persons should post a bond as a condition to continuing the proceedings before the Boards.

(Ord. 1-1989, 11/18/1989, §11.10)

   2.   Before voting on the enactment of an amendment, the Board of Supervisors shall submit the amendment to the County planning agency at least 30 days prior to a public hearing and then hold a public hearing thereon, pursuant to public notice. In addition, if the proposed amendment involves a Zoning Map change, notice of said public hearing shall be conspicuously posted by the Township at points deemed sufficient by the Township along the perimeter of the tract to notify potentially interested citizens. The affected tract or area shall be posted at least 1 week prior to the date of the hearing.

   3.   In the case of an amendment other than that prepared by the Township planning agency, the Board of Supervisors shall submit each such amendment to the Township planning agency at least 30 days prior to the hearing on such proposed amendment and permit the agency an opportunity to submit recommendations.

   4.   If, after any public hearing held upon an amendment, the proposed amendment is revised, or further revised, to include land previously not affected by it, the Board of Supervisors shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment.

(Ord. 1-1989, 11/18/1989, §11.11)

   A landowner who desires to challenge on substantive grounds the validity of this 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 Supervisors with a written request that his challenge and proposed amendment be heard and decided as provided in the Municipalities Planning Code, 53 P.S. §10101 et seq., as amended. The Board of Supervisors shall commence a hearing thereon within 60 days of the request unless the landowner requests a consent to an extension of time.

(Ord. 1-1989, 11/18/1989, §11.12)

(Ord. 1-1989, 11/18/1989, §11.13)

(Ord. 1-1989, 11/18/1989, §11.14)

   2.   Enforcement Remedies.

      A.   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 therefore in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $500 plus all court costs, including reasonable 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 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 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 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 Clifton Township. [Ord. 3-2008]

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

      C.   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.

(Ord. 1-1989, 11/18/1989, §11.15; as amended by Ord. 3-2008, 11/13/2008)