A zoning permit shall be required prior to the placement, erection, construction, addition, or alteration of any building or structure or portion thereof; prior to the use or change in use of a building, structure or land; prior to the erection or alteration of signs, except as specified in Article VII; prior to the change or extension of a nonconforming use; prior to the demolition of a building or structure; and prior to development in any floodplain district; except as listed below. It shall be unlawful for any person to commence work for the erection or alteration of any building or structure, or for a change in land use, until a zoning permit has been duly issued therefor. (In some instances, additional permits may also need to be obtained prior to beginning construction or alterations.)

Exemptions. Zoning permits shall not be required for the following activities unless they are proposed within a floodplain district:

Each request for a zoning permit shall be made by completing the appropriate application form obtained from the Zoning Officer and submitting it, along with the required fee, to the Township. Application for a permit shall be made by the owner or lessee of any building or structure, or the agent of either; provided, however, that if the application is made by a person other than the owner, it shall be accompanied by a written authorization from the owner. The full names and addresses of the owner, lessee, applicant or other responsible parties shall be stated in the application.

The Zoning Officer shall have up to 20 days after receipt of an application to issue or deny the permit. Any denial shall be in writing and shall state the reason(s) for such action.

All applications for zoning permits shall be accompanied by a sketch or plans, drawn to scale, which show the actual shape and dimensions of the lot, the exact size and location of any buildings existing on the lot, the lines within which the proposed building or structure shall be erected or altered, the existing and intended use of each building or part of a building, the number of families or dwelling units the building is designed to accommodate and such other information as may be necessary to determine compliance with this chapter and all other pertinent regulations, including building floor plans where appropriate. No application shall be considered complete until all necessary documents have been filed and all fees have been paid to the Township.

All applications and accompanying plans and documents shall become a matter of public record once a permit has been either issued or denied.

Work on the approved construction shall commence within six months after the date of issuance of the zoning permit and shall be completed within 12 months following permit issuance. A time extension may however be granted by the Zoning Officer if a written request is submitted by the applicant prior to expiration of the original permit. Such request shall set forth sufficient and reasonable cause for granting the extension. When granted, extensions shall not exceed 24 months from the expiration date of the original permit. An additional fee may be assessed for any such extension. Any further extension of time shall require the issuance of a new zoning permit.

For the purposes of this section, construction and/or development shall be considered to have started with the preparation of land, including land clearing, grading, filling, excavation for basement, footers, piers or foundations, erection of temporary forms, the installation of pilings under proposed subsurface footers, or the installation of sewer, gas, and water pipes, or electrical or other service lines from the street.

During construction, the Zoning Officer shall inspect the premises to determine that the work is progressing in compliance with the information provided on the permit application and with all other applicable Township laws. He shall make as many inspections as necessary to determine this compliance.

In the discharge of his duties, the Zoning Officer shall have the authority to enter any building, structure, premises, or development located in any zoning district, upon presentation of proper credentials, at any reasonable hour, to enforce the provisions of this chapter.

A seasonal zoning permit shall be obtained from the Zoning Officer for:

Seasonal permits issued for recreational vehicles or similar units being placed in a floodplain shall be valid for no more than 180 days in any calendar year, while permits issued for units outside of a floodplain may be issued for up to 365 days. Before issuing a seasonal zoning permit, the Zoning Officer shall be satisfied that the requirements of §§ 250-422G and 250-423D and all other applicable provisions of this chapter have been met.

Whenever it appears to the Zoning Officer that there has been a violation of any provision of this chapter, the Zoning Officer, on behalf of the Township, shall give notice of such alleged violation as hereinafter provided. Such enforcement notice shall:

In any appeal of an enforcement notice to the Township Zoning Hearing Board, the Township shall have the responsibility of presenting its evidence first.

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 Zoning Officer may institute in the name of the Township any appropriate action or proceeding to prevent, restrain, correct, or abate such building, structure, landscaping or land, or to prevent any action, conduct, business, or use in or about such premises constituting a violation.

Any aggrieved owner or tenant of real property who shows that his property or person will be substantially affected by the alleged violation may also institute an appropriate corrective action or proceeding. Such action must be preceded however by serving a copy of the complaint on the Township Supervisors at least 30 days prior to being instituted. No such action may be maintained until such notice has been given.

Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this chapter, whether enacted under current law or prior law, shall, upon being found liable therefor in a civil enforcement proceeding commenced by Eldred 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, Eldred 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 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 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 this chapter shall be paid over to Eldred Township.

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

Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than Eldred Township the right to commence any action for enforcement pursuant to this section.

The name and address of the applicant.

The name and address of the owner of the real estate to be affected by the proposed conditional use.

A brief description and location of the real estate to be affected by such proposed use.

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

A statement of the section of this chapter under which the conditional use may be allowed, and reasons why it should be granted.

A reasonably accurate description of the present improvements, and the additions intended to be made under the application, indicating the size of such proposed improvements, materials, and general construction thereof. In addition, a plot plan of the real estate to be affected shall be attached indicating the location and size of the lot, and size of the improvements now erected, and proposed to be erected thereon.

The purpose of the zone in which the conditional use request is located and the compatibility of the conditional us with existing and potential land uses on adjacent tracts of land or those tracts of land in proximity to the conditional use request that can reasonably be deemed to be affected thereby.

Whether the specific site is an appropriate location for the conditional use request taking into consideration the economic effects, environmental effects, and the compatibility and harmony with the properties and other development on adjacent tracts of land or tracts of land in reasonable proximity thereto.

The adverse effects or benefits, if any, that the use will have upon the public in general, the Township in general, the neighborhood, the tracts of land in reasonable proximity to the site, and the adjacent tracts of land.

The effect upon market value of other properties under Subsection B(2) and (3) may be considered.

Compatibility with existing development of and the proposed character of the adjoining adjacent or tracts of land in proximity thereto and that of the zoning district in which the site is located.

Compliance with all provisions, requirements and limitations of this chapter that may be deemed by the determining body to be relevant to the conditional use request or that is made expressly applicable thereto, the extent of any deviation therefrom, which deviation, if permitted, at all, shall be minimal.

Noise, dirt, water, odor, sight, vibrations, and gas or vapors, illumination, glare, or other environmental concerns and appropriate safeguards to keep the effects therefrom upon others within the Township at a minimum and in particular to reduce the effect of any such matters upon individuals and property in proximity to the site of the conditional use request to a minimum.

The number of people involved in operating the use, the hours and time of day that the use may be operated, and other similar matters related to the use.

The access to the site by public or private roads and the condition of the same and the requirements for maintenance thereof; the number of types of vehicles and the times that said vehicles will frequent the site of the use; the ingress and egress to the property and structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, access in case of fire or catastrophe, off-street parking and loading areas; the use of said roads made by others.

Provisions for utilities, including refuse and service areas of the site, the location, availability and compatibility of the utilities necessary to serve the site, the proposed water supply and sanitation systems, the ability of these systems to prevent disease, contamination and unsanitary conditions or other adverse effects upon individuals or properties in reasonable proximity to the site of the use.

That the site is constructed, maintained and operated with consideration of protections to public health, safety, welfare and convenience to all those affected thereby.

The availability of alternative locations on the property where the use may be conditionally permitted.

The location of nearby structures and the uses made by the general neighborhood in proximity to the use, together with the availability of safeguards, assurances or restrictions to preserve and protect the public health, safety, welfare, convenience and character of the previously existing uses and development in reasonable proximity to the use.

The containment of vehicles, equipment and activities within an enclosed structure or structures or at locations that are not obvious to or intrusive to others; proper screening and buffering with reference to type, dimensions and character, establishment of yards, open spaces and setbacks.

The danger of the proposed use, to life and property within the Township.

The length of time the proposed use is intended to be maintained.

The receipt of appropriate certificates related to any of the matters established hereunder or other matters relating to the safety, construction and planning of the use as may reasonably be deemed to be applicable thereto and as shall be requested to be provided by the determining body; these may include certificates from civil engineers, professional engineers, surveyors, landscape architects, architects, Department of Labor and Industry, or other regulating bodies and other reasonably related statistical or specification requirements. The determining body may request that any such information be provided to it by the applicant at the applicant's cost if the same is reasonably necessary to permit the determining body to reach a decision in determining whether or not to grant the conditional use request or to reasonably aid them in applying appropriate conditions, restriction or the criteria of this section to the grant of any such use.