Foster Township City Zoning Code
ARTICLE XIII
Enforcement and Administration
§ 255-1301 Zoning Officer.
A.
Appointment. A Zoning Officer, who shall not hold any elected office within Foster Township, shall be appointed by the Township Board of Supervisors. The Zoning Officer shall meet qualifications established by Foster Township, which shall, at minimum, include a working knowledge of municipal zoning.
B.
Duties and powers of the Zoning Officer. It shall be the duty of the Zoning Officer to enforce the provisions of this chapter in accordance with its literal terms, and said Officer shall not have the power to permit any construction, alteration or any use or change of use to land or structure which does not conform to the applicable provisions within this chapter. The Zoning Officer's duties shall include but are not limited to the following:
(1)
Receive and review all applications for zoning permits and to approve and issue zoning permits when warranted.
(2)
Keep an official record of all business and activities, including all complaints of zoning violations of any of the provisions of this chapter and the resulting action of said complaints.
(3)
Conduct inspections of properties as required to fulfill his/her duties. In conducting such activities, the Zoning Officer may have access to any land, building or structure, subject to the consent and/or right of entry by the owner or tenant or by securing a search warrant issued by a court of proper jurisdiction.
(4)
Issue permits as authorized by the Zoning Hearing Board or the Planning Commission, pursuant to the requirements and applicable procedures of this chapter or by written order of a court of proper jurisdiction.
(5)
Issue certificates of zoning compliance in accordance with the terms and provisions of this chapter.
(6)
Issue certificates of nonconformity to nonconforming uses and/or structures and to maintain a listing of such as required.
(8)
Notify the Zoning Hearing Board, Planning Commission or Board of Supervisors of required and/or requested hearings based upon the completion of his review and processing of applications for a zoning permit. The submission of an application for a zoning permit to the Zoning Officer and his determination that a hearing before the Board is either required or requested shall be a prerequisite for any application being forwarded to the Zoning Hearing Board for consideration.
(9)
Participate in proceedings before the Zoning Hearing Board, Planning Commission or Board of Supervisors, and at its request, furnish such facts, records and similar information which may assist it in rendering decisions.
(10)
In the event of a violation of this chapter, provide written notice to the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct the violation. Such written notice may be served personally or by certified mail. Corrective action may include an order to cease and desist the illegal use and/or activity of land, buildings, signs, or structures; or to remove illegal buildings, structures, additions, signs, and/or structural alterations.
§ 255-1302 Zoning permit.
A.
Issuance of permit. No building, structure or sign shall be erected, constructed, moved, added to or structurally altered, nor shall any land, structure or building be put to any use without first obtaining a zoning permit from the Zoning Officer. No application shall be submitted to or considered by the Zoning Hearing Board until the Zoning Officer has received an application for a zoning permit and has determined that an approval and/or review by the Zoning Hearing Board, Planning Commission or Board of Supervisors is required or requested by the applicant. No such permit shall be issued except in conformity with the provisions of this chapter or upon written approval from the Zoning Hearing Board in the form of a special exception, variance or an administrative appeal, upon written approval from the Board of Supervisors in the form of a conditional use permit or as otherwise provided for by this chapter or any court of proper jurisdiction. Normal and routine maintenance and repairs to a structure shall be exempt from obtaining a zoning permit. Interior remodeling of a structure shall also be exempt from obtaining a zoning permit, provided that such remodeling does not include structural alterations or result in a change in the use of the structure.
B.
Form of application. All applications for permits shall be made, in writing, by the owner, his authorized agent or equitable owner and shall be filed with the Zoning Officer on forms prescribed by same. All applications which seek approval involving new construction, additions, structural alterations, a change of use and/or any other form of improvements to a property shall be accompanied by two sets of plans and information which includes but is not limited to the following:
(1)
A plan drawn to scale, indicating the actual dimensions and shape of the lot to be built upon and a written statement that the applicant is the owner or authorized agent of the owner or equitable owner.
(2)
The exact size and location on the lot of existing and/or proposed structures, buildings or signs, including proposed additions thereto.
(3)
The number and type of dwelling units, if applicable.
(4)
The amount and location of parking and/or loading facilities.
(5)
The existing use and/or proposed use of the property.
(6)
The height of the building, structure and/or sign.
(7)
A detailed scale drawing of all signs, existing and proposed, indicating their location and how they are and/or will be affixed to the property.
(8)
Existing and/or proposed access to the site, including the name of the public street and/or road.
(9)
Any other information deemed necessary by the Zoning Officer to determine conformance with the provisions and regulations of this chapter.
C.
Processing applications. The Zoning Officer shall return one copy of the plans and accompanying information to the applicant upon marking such copies approved or denied and attested to same by his signature. One copy of the plans and accompanying information shall be retained by the Zoning Officer and kept on file.
D.
Time period for processing application. A properly completed zoning permit shall be approved or denied within 30 days of the date of receipt of a completed application and plans along with any additional information as required by the Zoning Officer. A zoning permit shall not be deemed complete until all applicable and associated fees are paid in full. In cases of denial, the applicant shall be informed of his/her rights of appeal as prescribed within this chapter. Such notice shall be in writing under the signature of the Zoning Officer.
E.
Expiration of zoning permit. A zoning permit shall expire one year from the date of issuance if the work described in said permit has not commenced, including permits authorized to be issued by the Zoning Hearing Board. If the work described within the zoning permit has commenced within the prescribed one-year period, the permit shall expire two years from the date of issuance. In such cases, should the applicant wish to pursue the work described within the expired permit, a new application shall be required, with the payment of new fees.
F.
Revocation of permits. The Zoning Officer may revoke a permit or approval issued in error under the provisions of this chapter or in the case of any false statements or misrepresentation of fact in the application or on the plans on which the permit or approval was based or for any other just cause as set forth in this chapter.
§ 255-1303 Certificate of zoning compliance required.
A certificate of zoning compliance issued by the Zoning Officer shall be required prior to the occupation for the use or change of use of any building, structure or land. Residential accessory structures and agricultural uses shall be exempt from securing a certificate of zoning compliance. It shall be unlawful to use and/or occupy any structure, building and/or land or portions thereof in any manner until a certificate of zoning compliance has been issued and obtained from the Zoning Officer.
§ 255-1304 Application for certificate of zoning compliance.
All applications for a certificate of zoning compliance shall be made in writing on forms prescribed by the Zoning Officer and shall include all information necessary for the Zoning Officer to ascertain compliance with the subject zoning permit and this chapter.
§ 255-1305 Issuance of certificate of zoning compliance.
A certificate of zoning compliance shall not be issued until the Zoning Officer has certified the proposed use complies with all provisions and regulations of this chapter or upon written order from the Zoning Hearing Board or any court of proper jurisdiction.
§ 255-1306 Time limit for approval or denial of certificate of zoning compliance.
An application for a certificate of zoning compliance shall be approved or denied within 30 days after the Zoning Officer has been officially notified of either the completion of construction or the request to occupy and use land where no construction is involved.
§ 255-1307 Enforcement procedures.
A.
Notice of violation. If, in the judgment of the Zoning Officer, it appears that a violation of this chapter has occurred, the Zoning Officer shall initiate enforcement proceedings by sending a violation notice to the owner of record of the parcel of land on which the violation has occurred, to any person who has filed a written request to receive violation notices regarding the parcel of land and to any other person requested, in writing, by the owner of record. The violation notice shall include, but may not be limited to, the following:
(1)
The name of the owner of record and any other person against whom Foster Township intends to take action.
(2)
The location and/or address of the property in violation.
(3)
The specific violations with a description of the requirements which have not been met, citing in each instance the applicable sections and provisions of this chapter.
(4)
The date by which the steps for compliance must be commenced and the date by which the steps for compliance must be completed.
(5)
That the recipient of the violation notice has the right to appeal the violation notice and request a hearing on same before the Zoning Hearing Board within 30 days of the issuance of the violation notice. Section 255-1506M shall govern the procedural process of any appeal of a violation notice.
(6)
Failure to comply with the notice within the specified time period, unless extended by an appeal to the Zoning Hearing Board, constitutes a violation, with a description of sanctions which shall result to correct or abate the violation.
B.
Causes of action. 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 Board of Supervisors or, with the approval of the Township Board of Supervisors, an officer or agent of Foster Township, or any aggrieved owner or tenant of real property who shows that his property or person will be substantially affected by the alleged violation, in addition to other remedies, may institute any appropriate action or proceedings to prevent, restrain, correct or abate such building, structure, landscaping or land; or to prevent, in or about such premises, any act, conduct, business or use constituting a violation of this chapter. When such action is instituted by a landowner or tenant, notice of that action shall be served upon Foster Township not less than 30 days prior to the time the action is begun by serving a copy of the complaint to the Township Board of Supervisors. No action may be taken until such notice has been given.
C.
Jurisdiction. District Justices shall have initial jurisdiction over proceedings brought under § 255-1304D of this chapter.
D.
Enforcement remedies.
(1)
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 proceedings commenced by Foster Township or the Zoning Officer, pay a judgment of not more than $500, plus all court costs, including reasonable attorney fees, incurred by Foster Township as a result of said proceedings. 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, Foster 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 has been a good-faith basis for the person, partnership or corporation violating this chapter to have believed that there was no such violation. In such cases, 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 constitute a separate violation. All judgments, costs and reasonable attorney fees collected for the violation of this chapter shall be paid over to Foster Township.
(2)
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.
(3)
Nothing contained in this section shall be construed or interpreted to grant any person or entity other than Foster Township the right to commence any action for enforcement pursuant to this section.
§ 255-1308 Procedure to obtain preliminary opinion.
In accordance with Section 916.2 of the Pennsylvania Municipalities Planning Code,[1] the Zoning Officer shall be authorized to render a preliminary opinion for pending applications of development. In order not to unreasonably delay the time when a landowner may secure assurance that the ordinance or map under which he proposes to build is free from challenge, and recognizing that the procedure for preliminary approval of his development may be too cumbersome or may be unavailable, the landowner may advance the date from which time for any challenge to the ordinance or map will run under § 255-1513 of this chapter by the following procedure:
A.
The landowner may submit plans and other materials describing his proposed use or development to the Zoning Officer for a preliminary opinion as to their compliance with the applicable ordinances and maps. Such plans and other materials shall not be required to meet the standards prescribed for preliminary, tentative or final approval or for the issuance of a building permit so long as they provide reasonable notice of the proposed use or development and a sufficient basis for a preliminary opinion as to its compliance.
B.
If the Zoning Officer's preliminary opinion is that the use or development complies with the ordinance or map, notice thereof shall be published once each week for two successive weeks in a newspaper of general circulation in the municipality. Such notice shall include a general description of the proposed use or development and its location, by some readily identifiable directive, and the place and times where the plans and other materials may be examined by the public. The favorable preliminary approval under § 255-1512 and the time therein specified for commencing a proceeding with the Zoning Hearing Board shall run from the time when the second notice thereof has been published. A favorable preliminary opinion shall in no way preclude the landowner's responsibility to formally submit all required applications and gain approval of same prior to the start of any activity related to the subject development.
[1]
Editor's Note: See 53 P.S. § 10916.2.
§ 255-1309 Schedule of fees, charges and expenses.
The Township Board of Supervisors shall establish by resolution a schedule of fees, charges and expenses and collection procedures for zoning permits, certificates of zoning compliance, certificates of nonconformance, appeals to the Zoning Hearing Board, applications for conditional uses, amendments to this chapter or Zoning Map and any other matters pertaining to the administration of this chapter. The schedule of fees, charges and expenses shall be available for public inspection and may be altered or amended by resolution of the Township Board of Supervisors. No action shall be taken on any application, appeal or certificate until all related fees, charges and expenses have been paid in full. An application shall not be deemed as filed until completed and submitted with payment in full of appropriate fees and applicable supporting documentation.