The Zoning Officer.

Requirements. It shall be unlawful to commence the excavation for or the construction or erection of any building, including an accessory building, or to commence the moving or alteration of any building, including an accessory building, until the Zoning Officer has issued a building permit for such work. No permit shall be required for repairs to or maintenance of any building, structure or grounds provided such repairs do not change the use or otherwise violate the provisions of this chapter.

Form of application. The application for a permit shall be submitted in such form as the Zoning Officer may prescribe and shall be accompanied by the required fee as hereinafter prescribed. 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 or lessee, it shall be accompanied by a written authorization of the owner or the qualified person making an application, that the proposed work is authorized by this owner. The full names and addresses of the owner, lessee, applicant, and of the responsible officers. If the owner or lessee is a corporate body, shall be stated in the application.

Application for building permits. All applications for building permits shall be accompanied by plans in duplicate, drawn to scale, showing the actual shape and dimensions of the lot to be built upon, 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 information as may be necessary to determine compliance with this chapter and all other pertinent ordinances. One copy of such plans shall be returned to the owner when such plans shall be approved by the Municipal governing body. All applications with accompanying plans and documents shall become a public record after a permit is issued or denied.

Time limit for application. An application for a permit for any proposed work shall be deemed to have been abandoned six months after the date of filing, unless such application has been diligently prosecuted or a permit shall have been issued; except that reasonable extensions of time for additional periods not exceeding 90 days each may be granted at the discretion of the Zoning Officer.

Issuance of permits. Upon receiving the application, the Zoning Officer shall examine the same within 21 days after filing. If the application or plans do not conform to the provisions of all pertinent local 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 and/or use conforms to the provisions of this chapter and all laws and ordinances applicable thereto, and that the certificate of use and occupancy as required herein has been applied for, he shall issue a permit therefor as soon as practical.

Expiration of permit. The permit shall expire after one year from the date of issuance; provided, however, that the same may be extended every six months for a period not to exceed an additional one year.

Revocation of permits. The Zoning Officer may revoke a 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 permit or approval was based or for any other cause set forth in this chapter.

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

Temporary permit. A temporary permit may be authorized by the Zoning Hearing Board for a nonconforming structure or use which it deems necessary to promote the proper development of the community provided that such nonconforming structure or use shall be completely removed upon expiration of the permit without cost to the Municipality. Such permits shall be issued for a specified period of time not to exceed one year and may be renewed annually for an aggregate period not exceeding three years.

Payment of fees. No permit to begin work for the erection, construction, alteration, repair, extension, replacement, and/or use of any building, structure, sign and/or land for construction or use purposes shall be issued until the fees prescribed by the Board of Township 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 permit from payment of other fees that maybe required by this chapter, or any other ordinance or law.

Compliance with ordinance. The 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, except as stipulated by the Zoning Hearing Board.

Compliance with permit and plot plan. All work or uses shall conform to the approved application and plans for which the permit has been is sued as well as the approved plot plan.

It shall be unlawful to use and/or occupy any structure, building, sign, and/or land or portion thereof for which a permit is required herein until a certificate of use and occupancy for such structure, building, sign, and/or land or portion thereof has been issued by the Zoning Officer. The application for issuance of a certificate of use and occupancy shall be made at the same time an application for a permit is filed with the Zoning Officer as required herein.

The application for a certificate of use and occupancy shall be in such form as the Zoning Officer may prescribe and may be made on the same application as is required for a permit.

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

The Zoning Officer shall inspect any structure, building, or sign within 10 days upon notification that the proposed work that was listed under the permit has been completed and if satisfied that the work is in conformity and compliance with the work listed in the issued permit and all other pertinent laws, he shall issue a certificate of use and occupancy without fee for the intended use listed in the original application.

The certificate of use and occupancy or a true copy thereof shall be kept available for official inspection at all times.

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

The construction, erection, replacement, alteration, repair, extension, replacement, and/or use of any structure, building, sign, and/or land or the change of use, area of use, percentage of use or extension or displacement of the use of any structure, building, sign, and/or land without first obtaining a permit for the use of any building, structure, sign, and/or land without receipt of a certificate of use and occupancy or the failure to comply with any other provisions of this chapter are hereby declared to be violation of this chapter.

The Zoning Officer shall notify by written notice of violation or order on the person, firm or corporation, or the owner, lessee or agent of the land upon which the violation has occurred who has committed the violation and such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. However, in no case shall the person so notified abandon the premises in such a condition so as to create a hazard or menace to the public safety, health, morals or welfare. Said premises shall be placed in such condition as the Zoning Officer shall direct.

If the notice of violation is not complied with within a period of three days, the Zoning Officer shall 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, and/or land in violation of the provisions of this chapter or of the order or direction made pursuant thereto.

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 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 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 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 the Township.

The imposition of the penalties herein prescribed shall not preclude the Township Solicitor 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, and/or premises or to stop an illegal act, conduct, business, use or occupancy of a structure, building, sign, and/or land in or about any premises.

Creation and membership. There is hereby created, to be appointed by the Board of Township Supervisors, a Zoning Hearing Board, consisting of three members. Of the initial appointees to this Board, one shall be designated until the first day of January following the date of this chapter, one until the first day of the second January thereafter, and one until the first day of the third January thereafter. There successors in office shall be appointed on the expiration of their respective terms to serve three years. The members of the Board shall be removable for cause, by the Board of Supervisors, upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant.

General procedures. The Zoning Hearing Board shall be governed by the provisions of the "Pennsylvania Municipalities Planning Code," Act 247, 1968, as amended and revised, and such other Commonwealth of Pennsylvania laws as may be applicable. As used in this chapter, unless the context clearly indicates otherwise, the term "Board" shall refer to such Zoning Hearing Board, and "Act 247" shall refer to the "Pennsylvania Municipalities Planning Code" of 1968.[1]

Officers. The Board shall elect from its own membership its officers, who shall serve annual terms as such and may succeed themselves.

Meetings. Meetings shall be held at the call of the Board Chairman and at such other times as the Board may determine.

Hearings. Hearings will be held and records will be kept in accordance with Article IX, Act 247.

Powers. The Zoning Hearing Board shall have the powers permitted by Article IX. Act 247 of 1968. "The Pennsylvania Municipalities Planning Code" as amended.

Appeals to the Board may be made by any person or by any Township official or agency aggrieved or affected by any decision of the Zoning Officer. Such appeal shall be taken within a reasonable time as provided by the rules of the Board by filing with the Zoning Officer and with the Board a notice of appeal, specifying the grounds thereof. The Zoning Officer shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken. An appeal shall state:

An appeal to the Board shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Officer certifies to the Board after the notice of appeal shall have been filed, that by reason of facts stated in the certificate a stay would in his opinion cause imminent peril to life and property. In such a case proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the Board or by a Court of record on application, on notice to the Zoning Officer and for due cause shown.

Upon receiving an appeal, the Board shall fix a reasonable time and place for a public hearing thereon and shall give the notice thereof:

Public hearing. The Board shall conduct a public hearing on such appeal at which hearing any party may appear in person, or by agent or attorney, and all of said parties so affected shall be given an opportunity to be heard. All proceedings shall be conducted in accordance with Article IX of Act 247 of 1968, "The Pennsylvania Municipalities Planning Code," as amended.

Decision of the Board. Decisions of findings of the Board shall be rendered in accordance with Act 247 of 1968, "The Pennsylvania Municipalities Planning Code," as amended. (Article IX, Section 912)

Effect of Board's decision. If the variance is granted or the issuance of a permit is approved, or other action by the appellant is authorized, the necessary permit shall be secured and the authorized action begun within three months after the date when the variance is finally granted or the issuance of a permit is finally approved or the other action by the appellant is authorized; and the building or alteration, as the case may be, shall be completed within 12 months of said date. For good cause the Board may, upon application in writing stating the reasons therefore, extend either the three months' or 12 months' period.

Appeals from board rulings. Any person aggrieved by any decision of the Zoning Hearing Board or any taxpayer may appeal to the County Court of Common Pleas under the procedure set forth in Article IX of Act 247 of 1968. "The Pennsylvania Municipalities Planning Code," as amended.

Amendments initiated by the Township Planning Commission. When an amendment, supplement, change or repeal is initiated by the Township Planning Commission, the proposal shall be presented to the Board of Township Supervisors, which shall then proceed in the same manner as with a petition to the Board of Township Supervisors which has already been reviewed by the Township Planning Commission.

Amendment initiated by the Board of Township Supervisors. When an amendment, supplement, change or repeal is initiated by the Board of Township Supervisors, it shall submit the proposal to the Township Planning Commission for review and recommendations.

Amendment initiated by landowner-curative amendments. A landowner who, on substantive grounds, desires to challenge the validity of this chapter or map or any provision thereof which prohibits or restricts the use or development of land in which he has an interest shall submit a petition to the governing body together with a request for a curative amendment as set forth in Section 1003 of "The Pennsylvania Municipalities Planning Code," Act 247 of 1968, as amended. A fee, as established from time to time by resolution of the Board of Supervisors, shall be paid upon filing of such petition for change and for the purpose of defraying the costs of the proceedings prescribed herein.

Procedure for petition. The petition for amendment, supplement, change or repeal shall contain as fully as possible all the information requested by the Zoning Officer and shall be signed by at least one record owner of the property in question whose signature shall be notarized attesting to the truth and correctness of all the facts and information presented in the petition. A fee, as established from time to time by resolution of the Board of Supervisors, shall be paid upon the filing of such petition for change and for the purpose of defraying the costs of the proceedings prescribed herein.

Referral to Township Planning Commission. After receipt of the petition by the Board of Township Supervisors, said petition shall be presented to the Township Planning Commission for review and recommendations at least 45 days prior to the public hearing. A report of said review, together with any recommendations, shall be given to the Board of Township Supervisors in writing within 45 days from the date of said referral. If the Township Planning Commission shall fail to file such a report within the time and manner specified, it shall be conclusively presumed that the Township Planning Commission has approved the proposed amendment, supplement, change or repeal.

Public hearing. The Board of Township Supervisors shall fix a time and place for a public hearing at which parties of interest and citizens shall have an opportunity to be heard. Two notices of the time and place of such hearing shall be published in a newspaper of general circulation in the Township, the first notice shall be placed not more than 30 days nor less than 14 days prior to the date of the hearing.

Action by the Board of Township Supervisors. At the time and place specified, the Board of Township Supervisors shall conduct a hearing on said petition to amend, supplement, change or repeal this chapter or Zoning Map of the Township and shall thereafter within a period of 30 days either reject the proposed change or adopt an ordinance implementing the proposed change. The Board of Township Supervisors may adjourn said hearing at its discretion to a time and place certain.

Authentication of Official Zoning Map. Whenever there has been a change in the boundary of a Zoning District or a reclassification of the Zoning District adopted in accordance with above, the change on the Official Map shall be made, and shall be duly certified by the Township Secretary and shall thereafter be refiled as part of the permanent records of the Township.

The Zoning Officer shall identify and register all uses which are in conflict with the use designated for the zone in which they are situated.

Continuation. Any lawful use of a structure or land existing at the effective date of this chapter, may be continued although such use does not conform to the provisions of this chapter.

Extensions. A nonconforming use shall not be extended either within a building or upon a lot in any manner without authorization as a special exception. The Zoning Hearing Board may not waive district regulations relating to yard, coverage, parking, sign and other applicable regulations. The Zoning Hearing Board may authorize the expansion up to 25% of floor area of a nonconforming building or structure.

Nonconforming lots of record:

Restoration:

Changes. A nonconforming use of a building or land may be changed to a use of an equal or more restricted classification when authorized as a special exception by the Zoning Hearing Board.

Abandonment:

Building permits. In a case where a building permit has been issued prior to the effective date of this chapter, and the proposed use of land and/or building does not conform with this chapter, said proposed use shall be regulated by the nonconforming use requirements of this chapter and shall be considered the same as a lawful nonconforming use if construction other than excavation and foundations is undertaken within a period of 30 calendar days after the issuance date of said building permit and construction thereof is complete within 12 calendar months from the issuance date of the building permit.

Nonconforming use of open land. All nonconforming signs, billboards, junk storage areas, storage areas, and similar nonconforming use of open land, when discontinued for a period of 90 days or damaged to an extent of 60% or more of replacement costs, shall not be continued, repaired or reconstructed.

An application for a conditional use shall be submitted to the Board of Supervisors.

The application shall be accompanied by a plan for the proposed use. Such plan shall indicate the location and specification of all buildings, parking areas, traffic access and circulation drives, open spaces, landscaping, storm drainage facilities and sewage treatment facilities. In addition the plan shall show Tax Map designations and total tract boundaries of the property including bearings, distances and a statement of the total acreage, name and address of all abutting property owners and zoning data of surrounding properties. The plan shall also contain any other information that the Board of Supervisors, at its discretion, may require in order to determine if the proposed conditional use meets the provisions of this chapter.

Upon receiving an application for a conditional use permit, the Board of Supervisors shall review the application in conjunction with the standards set forth in § 175-52D. After due investigation and review, if the application is tentatively approved, a public hearing shall be authorized and conducted in the following manner.

The following standards shall be applicable to conditional uses and special exception uses:

The Board of Supervisors shall request an advisory report from the Planning Commission. No decision will be made until the report from the Planning Commission is received or until the Planning Commission has had such request for 30 days. In the event that the Planning Commission fails to file its report within 30 days, such application shall be deemed to be approved by the Planning Commission.

The Board of Supervisors shall notify the applicant for a conditional use in writing of their decision and how the decision was arrived at not more than 90 days after the acceptance of the application.

A conditional use permit shall be issued upon approval of the Board of Supervisors stating the conditions upon which the permit was issued.

A conditional use for which a permit is granted by the Board of Supervisors pursuant to the provisions of this chapter, shall be construed a conforming use.

Uses specified as special exception within zoning districts of this chapter shall be permitted only after approval by the Zoning Hearing Board. Criteria to be used as guidelines in evaluating a proposed special exception shall be the same as described in § 175-52D of this chapter. In granting a special exception the Zoning Hearing Board shall require all regulations of the district in which the special exception is proposed to be satisfied if feasible. The proposed special exception shall be appropriate to the specific location and neighborhood for which it is proposed, consistent with the community development plan, and in keeping with the purposes and intent of this chapter.

The Zoning Hearing Board's decision to grant a permit for special exception use shall be made only after public notification of a hearing as established in § 175-49C.

At the discretion of the Zoning Hearing Board, an advisory report may be requested from the Planning Commission in which case no decision will be made until the report from the Planning Commission is received or until the Planning Commission has had such request for 30 days. In the event that the Planning Commission fails to file its report within 30 days, such application shall be deemed to be approved by the Planning Commission.

The Zoning Hearing Board shall notify the applicant for a special exception use in writing of their decision and how the decision was arrived at not more than 90 days after the acceptance of the application.

A special exception use permit shall be issued upon approval of the Zoning Hearing Board stating the conditions upon which the permit was issued. A special exception permit shall be deemed to authorize only one particular use and shall expire if the conditional use shall cease for more than six months for any reason.

A special exception use, for which a permit is granted by the Zoning Hearing Board pursuant to the provisions of this chapter, shall be construed a conforming use.