Crescent Township City Zoning Code
§ 430.05
Administration and enforcement.
A.
Zoning Officer. The Zoning Officer, who shall be appointed by the Board, shall:
1.
Administer and enforce the provisions of this chapter in accordance with its literal terms and shall not have the power to permit any construction or any use or change of use which does not conform to this chapter.
2.
Approve applications for zoning certificates.
3.
Institute civil enforcement proceedings on behalf of the Township.
4.
Issue a certificate of prior nonconforming use within the meaning of § 430.02H1 within 90 days of enactment of any change in zoning district boundaries for all properties nonconforming to the redistricted area. The property owner shall be provided one copy of the certificate, and a duplicate of each certificate shall be maintained in a public file by the Township Secretary.
B.
Zoning certificates. A zoning certificate shall be obtained before any person may:
1.
Occupy or use any vacant land; or
2.
Occupy or use any structure hereafter constructed, reconstructed, moved, altered or enlarged; or
3.
Change the use of a structure or and to a different use; or
4.
Change a nonconforming use, to a permitted use.
5.
Applications for a zoning certificate shall be accompanied by a plot plan showing clearly and completely the location, dimensions and nature of and structure involved and such other information as the Zoning Officer may require for the administration of this chapter, together with a filing fee in accordance with a schedule affixed by resolution of the Board.
C.
Enforcement remedies. Any person, partnership or corporation who or which shall violate or permit the violation of the provisions of this chapter shall, upon conviction thereof in a civil proceeding, be subject to a fine of not more than $500 plus all court costs and reasonable attorneys fees incurred by the Township as a result thereof. If the defendant neither pays nor timely appeals for judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation is continued shall constitute a separate offense. The Township shall furthermore retain any and all enforcement rights not enumerated herein, but granted to it pursuant to the provisions of the Pennsylvania Municipalities Planning Code, as amended, and other applicable law.
D.
Amendments. The Board may amend this chapter as proposed by a member of the Board, by the Planning Commission or by a petition of a person residing or owning property within the Township in accordance with the following provisions:
1.
Petitions for amendment shall be filed with the Board and the petitioner, upon such filing, shall pay an advertisement deposit and a filing fee in accordance with a schedule affixed by resolution. The petition shall be forwarded to the Planning Commission, and the Planning Commission shall review the proposed amendment and report its findings and recommendations in writing to the Board and to the petitioner. The proposed amendment shall be introduced before the Board only if a member of the Board elects to do so. If an amendment proposed by petition is not introduced, the advertising deposit shall be refunded to the petitioner; otherwise, such deposit shall be paid by the Township.
2.
(Reserved)
3.
Before voting on the enactment of an amendment, the Board shall hold public hearing thereon pursuant to public notice. If, after any public hearing held upon an amendment the proposed amendment is changed substantially, or is revised to include land previously not affected by it, the Board shall hold another public hearing pursuant to public notice before proceeding to vote on the amendment.
4.
The proposed amendment shall be submitted to the Allegheny County Planning Commission for their review and comment at least 30 days prior to the public hearing on the proposed amendment by the Board.
5.
If an amendment to this chapter is enacted, a copy of the amendment shall be forwarded to the Allegheny County Planning Commission within 30 days of such enactment.
E.
Zoning Hearing Board. In accordance with the Pennsylvania Municipalities Planning Code, as amended, and other applicable law, the Board shall by resolution appoint and organize a Zoning Hearing Board, consisting of three members, which Zoning Hearing Board shall adopt rules to govern its procedure. The Zoning Hearing Board may also consist of up to three alternate members that the Board may from time to time appoint by resolution, which alternate members shall participate in such Zoning Hearing Board business as shall be permitted by the Pennsylvania Municipalities Planning Code, as amended, and other applicable law. The Zoning Hearing Board shall hold meetings, keep minutes, and pursuant to notice, shall conduct hearings, compel the attendance of witnesses, take testimony under oath, and render decisions in writing, all as required by law. A fee shall be charged in accordance with a schedule affixed by resolution for any appeal or proceeding filed with the Zoning Hearing Board. The Zoning Hearing Board shall have the functions, powers and obligations specifically granted by law.