(a)

The provisions of this chapter shall be administered and enforced by a zoning officer, who shall be appointed by and be responsible to the Township board of supervisors. The Township board of supervisors also may appoint one or more assistant zoning officers, who shall be under the supervision of the zoning officer and shall exercise all the powers, duties, and responsibilities of the zoning officer:

(1)

In the absence, unavailability, or disability of the zoning officer; or

(2)

As otherwise directed by the Township board of supervisors, Township manager, or zoning officer. The zoning officer or any assistant zoning officer may be provided with the assistance of such other persons as the Township board of supervisors may direct. The compensation of all of the foregoing employees shall be determined by the Township board of supervisors.

(b)

In the event that any other provision of this Code of Ordinances provides for enforcement by an enforcement officer, code enforcement officer, or other named enforcement person, and the Township board of supervisors has not appointed a person to such position, then the zoning officer also shall serve as such enforcement officer, code enforcement officer, or other named enforcement person until the Township board of supervisors appoints another person to such enforcement position.

(Code 1993, ch. 27, § 1001; Ord. No. 2001-1, § 1101, 2-27-2001; Ord. No. 2007-3, 7-5-2007)

The zoning officer shall administer 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.

(1)

Application and permits. The zoning officer shall receive applications and issue zoning permits and/or certificates of use and occupancy for the erection, construction, alteration, repair, extension, replacement, relocation, conversion and/or use and occupancy of any building, structure, sign or land in the Township.

(2)

Inspections. Before issuing any zoning permit the zoning officer may, at his discretion, examine or cause to be examined all buildings, structures, signs or land and portions thereof for which an application has been filed for the erection, construction, alteration, repair, extension, replacement, relocation, conversion and/or use. Thereafter he may make such inspections during the completion of work for which a zoning permit has been issued. Upon completion of such work and before issuing a certificate of use and occupancy, a final inspection shall be made and all violations of approved plans or permits shall be noted and the holder of the zoning permit shall be notified of the discrepancies.

(3)

Complaints regarding violations. The zoning officer may, and when in receipt of a signed written complaint stating fully the cause and basis thereof shall, investigate alleged violations of this chapter. If a signed written complaint is received, said investigation shall be completed within 15 days of said complaint. A written report of all investigations of this chapter shall be prepared and filed by the zoning officer and a copy sent to the Township board of supervisors.

(4)

Official records. It shall be the duty of the zoning officer to maintain and be responsible for all pertinent records on zoning matters in the Township. These records shall include, but need not be limited to, all applications received, copies of all zoning permits and certificates of use and occupancy issued, copies of orders and findings of the zoning hearing board, written complaints of alleged violations, records of all inspections made, a current copy of this chapter and all amending ordinances, the official zoning map and all other pertinent information. The records of his office shall be available for the use of the Township government and for inspection by any interested party during normal office hours. The zoning officer shall at least annually submit to the Township board of supervisors a written statement of all zoning permits and certificates of use and occupancy issued and violations and stop work orders recommended or promulgated.

(5)

Notice of violation. The zoning officer shall serve a written notice of violation and order on the owner and lessee, if any, or upon the agent of the owner and lessee, of the land upon which a violation of this chapter has occurred, and shall by such order direct the discontinuance of the violation. However, in no case shall the person so served abandon the premises in such a condition as to create a hazard or menace to the public safety, health, morals or welfare. The owner and lessee, if any, shall be jointly and severally responsible for restoring the premises in such condition as the zoning officer may direct.

(6)

Prosecution of violation. If the notice of violation is not complied with promptly, the zoning officer shall notify the Township board of supervisors which shall then request the Township solicitor to institute in the name of the Township any appropriate action or proceeding at law or in equity to prevent, restrain, correct or abate such violation or to require the removal or termination of the unlawful use of the structure, building, sign or land in violation of the provisions of this chapter or of the order or direction made pursuant thereto.

(7)

Temporary certificate of use and occupancy. Upon request of the holder of a zoning permit, the zoning officer may issue a temporary certificate of use and occupancy for a structure, building, sign or land or portion thereof before the entire work covered by the zoning permit shall have been completed, provided that such portion or portions may be used or occupied safely prior to full completion of the work without endangering life or public welfare. The zoning officer may also issue a temporary certificate of use and occupancy for such temporary uses as tents, trailers and buildings on construction sites, use of land for religious or other public or semi-public purposes and similar temporary use or occupancy. Such a temporary certificate of use and occupancy shall be for a period of time to be determined by the zoning officer; however, in no case for a period exceeding six months.

(8)

Notification of variances pertaining to floodplain district. Upon the granting of a variance by the zoning hearing board of any building, structure or use within the floodplain district, the zoning officer shall notify the applicant in writing within 15 days that:

a.

The granting of the variance may result in increased premium rates for flood insurance.

b.

Such variances may increase the risks to life and property.

(9)

Annual report to Federal Insurance Administration. To remain eligible for the National Flood Insurance Program, the zoning officer shall submit an annual report to the Federal Insurance Administration concerning the status of the program in the Township (the annual report form shall be provided by the Federal Insurance Administration).

(Code 1993, ch. 27, § 1002; Ord. No. 2001-1, § 1102, 2-27-2001)

(a)

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 commenced by the Township, pay a judgment of not more than $500.00 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 payable until the date of the determination of a violation by the district justice. 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 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 constitutes a separate violation. All judgments, costs and reasonable attorney fees collected for the violation of this chapter shall be paid to the treasurer of the Township for the general use of the Township.

(b)

Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the Township from instituting appropriate action to prevent unlawful erection or construction or to restrain, correct or abate a violation or to prevent illegal use or occupancy of any structure, building, sign, land or premises or to stop an illegal act, conduct business, use or occupancy of a structure, building, sign or land in and about any premises.

(Code 1993, ch. 27, § 1003; Ord. No. 2001-1, § 1103, 2-27-2001)

(a)

Requirements. It shall be unlawful to commence the excavation for or the construction or erection of any building, structure or sign including any accessory building, structure or sign, or to commence the moving or alteration of any building, structure or sign, including any accessory building, structure or sign, or to commence the alteration or development of any improved or unimproved real estate, including, but not limited to, mining, dredging, filling, grading, paving, excavation or drilling operations, until the zoning officer has issued a zoning permit for such work. No zoning permit shall be required for repairs to and maintenance of any building, structure, sign or land provided that such repairs do not change the use, alter the exterior dimensions of the building, structure, sign or land, or otherwise violate the provisions of this chapter or other ordinances of the Township.

(b)

Form of application. The application for a zoning permit shall be submitted in such form as the zoning officer may prescribe and shall be accompanied by the required fee as prescribed. Application for a zoning permit shall be made by the landowner or developer. The full names and addresses of the landowner or developer, and of the responsible officers, if the landowner or developer is a corporate body, shall be stated in the application.

(c)

Description of work.

(1)

The application shall contain a general description of the proposed work and/or use and occupancy of all parts of the building, structure, sign or land and such additional information as may be required by a plot plan of the proposed building, structure, sign or land drawn to scale with sufficient clarity to show the nature and character of the work to be performed, including off-street parking and loading space if required, the location of new and existing construction, and the distances of the same from the existing lot lines and street right-of-way lines.

(2)

If the proposed development, excavation or construction is located within the floodplain district, the following information is specifically required to accompany all applications:

a.

The accurate location of the floodplain and floodway.

b.

The elevation, in relation to the National Geodetic Vertical Datum of 1929 (NGVD), of the lowest floor, including basements.

c.

The elevation, in relation to the NGVD, to which all structures and utilities will be floodproofed.

d.

Site location, including address.

e.

Brief description of proposed work and estimated cost, including a breakout of flood-related cost and the market value of the building before the flood damage occurred.

(3)

For any development requiring approval by any other state or federal or local agency, evidence of the required approval must be presented with the other information required on the building permit application.

(d)

Time limit for application. An application for a zoning permit for any proposed work shall be deemed to have been abandoned six months after the date of filing, unless during that six-month period a zoning permit shall have been issued, provided that reasonable extensions of time for additional periods not exceeding 90 days each may be granted at the discretion of the zoning officer.

(e)

Issuance of a zoning permit. Upon receiving the application, the zoning officer shall examine the same within a reasonable time after filing. If the application or plans do not conform to the provisions of all pertinent laws, he shall reject such application in writing, stating the reasons therefore. He shall inform the applicant of his right of appeal to the zoning hearing board in the event such application is rejected. If satisfied that the proposed work or use conforms to the provisions of this chapter and all other pertinent laws and ordinances and that the certificate of use and occupancy as required herein has been properly applied for, he shall issue a zoning permit therefor as soon as practicable. Any permit having been authorized for issuance, shall be deemed abandoned if such permit is no picked up and paid for within 30 business days of being notified of such authorization and such application shall be returned to the applicant.

(f)

Payment of fees. No zoning permit shall be issued until the fees prescribed by the Township board of supervisors pursuant to resolution shall be paid to the zoning officer. The payment of fees under this section shall not relieve the applicant or holder of said zoning permit from payment of other fees that may be required by this chapter or by any other ordinances or laws. Any permit having been authorized for issuance, shall be deemed abandoned if such permit is not picked up and paid for within 30 business days of being notified of such authorization and such application shall be returned to the applicant.

(g)

Compliance with chapter. The zoning permit shall be a license to proceed with the work and should not be construed as authority to violate, cancel or set aside any of the provisions of this chapter. All work or use shall conform to the approved application and plans for which the zoning permit has been issued as well as the approved plot plan.

(h)

Expiration of permit. The zoning permit shall expire one year from the date of issuance, provided that the zoning permit may be extended by the zoning officer upon reasonable cause shown and at his discretion for one or two six-month periods not to exceed an additional one year.

(i)

Revocation of permit. The zoning officer may revoke a zoning permit or approval issued under the provisions of this chapter in case of any false statement or misrepresentation of fact in the application or on the plans on which the zoning permit or approval was based or for any other cause set forth in this chapter.

(j)

Posting of permit. A true copy of the zoning permit shall be kept on the site of operations and open to inspection by the zoning officer during the entire time of prosecution of the work and until the completion of same as defined in the application.

(k)

Uniform Construction Code coordination. The standards and specifications contained 34 Pa. Code (chapters 401-405), as amended, and not limited to the following provisions, shall apply to the above and other sections and subsections of this chapter, to the extent that they are more restrictive and/or supplement the requirements of this chapter.

(1)

International Building Code (IBC) 2003 or the latest edition thereof: sections 801, 1202, 1403, 1603, 1605, 1612, 3402, and appendix G.

(2)

International Residential Building Code (IRC) 2003 or the latest edition thereof: sections R104, R105, R109, R323, appendix AE101, appendix E and appendix J.

(Code 1993, ch. 27, § 1004; Ord. No. 2001-1, § 1104, 2-27-2001; Ord. No. 2001-4, § 6, 9-13-2001; Ord. No. 2005-3, §§ 6, 7, 4-7-2005; Ord. No. 2017-5, 12-7-2017)

(a)

When required. It shall be unlawful to use and/or occupy any structure, building, sign or land or portion thereof for which a zoning permit is required until a certificate of use and occupancy has been issued by the zoning officer. The zoning officer shall not issue such certificate of use and occupancy unless he has inspected said structure, building, sign or land and has determined that all provisions of this chapter and other ordinances of the Township have been satisfied.

(b)

Form of application. The application for a certificate of use and occupancy shall be in such form as the zoning officer may prescribe, and shall be made at the same time as the application for a zoning permit is filed with the zoning officer.

(c)

Description of use and occupancy. The application shall contain a description of the intended use and occupancy of any structure, building, sign or land or portion thereof for which a zoning permit is required herein.

(d)

Action upon application. The zoning officer shall inspect any structure, building or sign within seven days after notification that the proposed work that was listed under the zoning permit has been completed. If he is satisfied that the work is in conformity and compliance with the work listed in the issued zoning permit and all other pertinent laws, he shall issue a certificate of use and occupancy for the intended use listed in the approved application.

(e)

Availability of certificate. The certificate of use and occupancy for nonconforming uses, or a true copy thereof, shall be kept available for inspection by the zoning officer at all times.

(Code 1993, ch. 27, § 1005; Ord. No. 2001-1, § 1105, 2-27-2001)