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Hanover Township Lehigh County
City Zoning Code

PART 13

ADMINISTRATION

§ 27-1300. Zoning Officer - Duties and Powers.

   1.   The provisions of this Chapter shall be administered and enforced by the Zoning Officer who shall be appointed by the Township Council and may not hold any elective office in the Township.
   2.   It shall be the duty of the Zoning Officer and he shall have the power to:
      A.   Receive and examine all applications for Zoning Permits and Occupancy Permits. (Ord. 103)
      B.   Refer Zoning Permit Applications.
         (1)   Refer zoning permit applications for special exceptions to the Planning Commission and Zoning Hearing Board for action thereon in accordance with the provisions of Parts 11 and 14.
         (2)   Refer zoning permit applications for conditional use approvals to the Planning Commissions and Township Council for action thereon in accordance with Parts 11 and 14.
      C.   Issue zoning and occupancy permits only where there is compliance with the provisions of this Chapter, with other Township ordinances and with the laws of the Commonwealth required by Act 537, the Pennsylvania Sewage Facilities Act, the Federal Water Pollution Control Amendments of 1972, § 404, 33 S.C. 1334. No permit shall be issued until this determination has been made. Permits requiring approval by the Township shall be issued only after final approval from the Township Council.
      D.   Following refusal of a zoning or occupancy permit, to receive application for interpretation appeals and variances and forward these applications to the Zoning Hearing Board for action thereon.
      E.   Conduct inspections and surveys to determine compliance or non-compliance with the terms of this Chapter.
      F.   Institute civil enforcement proceedings as a means of enforcement of a violation of any provision of this Chapter.
      G.   With the approval of the Township Council, or when directed by them, institute in the name of the Township any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use; to restrain, correct, or abate such violation, so as to prevent the occupancy of or use of any building, structure or land, or to prevent any illegal act, conduct, business, or use in or about such premises.
      H.   Revoke any order or Zoning Permit or Occupancy Permit issued under a mistake of fact or contrary to the law or the provisions of this Chapter.
      I.   Record and file all applications for Zoning or Occupancy Permits with accompanying plans and documents and keep an official record of all business and activities, including complaints of a violation of any of the provisions of this Chapter and of the subsequent action taken on each such complaint. All such records shall be open to public inspection. File copies of all applications received, permits issued, reports and inspections made in connection with any structure, building or Land.
      J.   Maintain a map or maps showing the current zoning Classification of all land in the Township.
      K.   The Zoning Officer shall identify, register and map all nonconforming uses and nonconforming structures created as a result of the adoption of this Chapter or created as a result of amendments thereof.
      L.   Prior to any proposed alteration or relocation of any stream or any watercourse, etc., within the municipality a permit shall be obtained from the Department of Environmental Resources, Dams and Encroachment Division, as specified in the Water Obstruction Act of 1913 as amended. Further, notification of the proposal shall be given to all affected adjacent municipalities. Copies of such notifications shall be forwarded to both the Federal Insurance Administration and Department of Community Affairs. In all cases, the flood carrying capacity of the altered or relocated portion shall be maintained.
      M.   Issue Occupancy Permits upon a determination that the land or building to be occupied or used is in its then present condition in conformity with the requirements of this Chapter and any Zoning Permit or decision of the Zoning Hearing Board or Hanover Township Council issued pursuant thereto.
      N.   lb continue any pending hearing, before the Board, provided the hearing can be continued at the convenience of the Township. Provided, further, that the applicant pays the Township's costs of continuing any hearing; and, provided further, that the applicant expressly waives the benefit of any time limitations of the Municipalities Planning Code applicable to the scheduling of a hearing. Nothing in this Section shall prevent the Zoning Officer from using his discretion to refer any request for continuance to the Zoning Hearing Board. (Ord. 367)
(Ord. 45, Z-§ 1300, 5/12/76; as amended by Ord. 56, § 14, 6/14/78; by Ord. 103, 4/8/81; by Ord. 232, 11/8/1989, § 4; by Ord. 269, 10/16/1991, § 2; and by Ord. 367, 2/18/1998, § 5)

§ 27-1301. Application Requirements for Zoning Permits.

All applications for Zoning Permits shall be made in writing by the owner, tenant, vendee under contract of sale, or authorized agent on a form supplied by the Township and shall be filed with the Township Zoning Officer. The application shall include at least two copies of the following information, where applicable:
      A.   A statement as to the proposed use of the building or land development.
      B.   A site layout drawn to scale showing the location dimensions and height of proposed buildings, structures, or uses and any existing buildings in relation to property and street lines. If the application related to property which is scheduled to be developed in successive stages, such plans shall show the relationship of the portion scheduled for initial development to the proposed layout of the entire property;
      C.   The location, dimensions and arrangements of all open spaces and yards and buffer yards including methods to be employed for screening.
      D.   The location, size, arrangement and capacity of all areas to be used for motor vehicle access, off-street parking, off-street loading and unloading and provisions to be made for lighting such areas.
      E.   The dimensions, location and methods of illumination for signs if applicable.
      F.   The location and dimensions of sidewalks and all other areas to be devoted to pedestrian use.
      G.   Provisions to be made for treatment and disposal of sewage and industrial wastes, water supply and storm drainage.
      H.   The capacity and arrangement of all buildings used or intended to be used for dwelling purpose, including the proposed density in terms of number of dwelling units per acre of land.
      I.   A description of any proposed industrial or commercial operations in sufficient detail to indicate effects of those operations in producing noise, glare, air pollution, water pollution, fire hazards, traffic congestion, or other safety hazards.
      J.   Description of methods to be employed in controlling any excess noise, air pollution, smoke, fumes, water pollution, fire hazards or other safety hazards.
      K.   In the case of application for interpretation, variances and special exceptions, the additional information specified in Parts 11 and 14.
      L.   Any other data deemed necessary by the Zoning Officer, Planning Commission or Township Council to enable them to determine the commpliance of the proposed development with the terms of this Chapter.
      M.   No permit for any new use or construction which will involve the on-site disposal of sewage or waste and no permit for a change in use or an alteration which will result in an increased volume of sewage or waste to be disposed of on the site shall be insured until a Hanover Township sewage disposal system permit has been issued.
      N.   No permit shall be issued for the use or development of two or more acres of land prior to the applicant submitting to the Township and the Lehigh County Soil and Water Conservation District, an Erosion and Sedimentation Control Plan, as required by the Pennsylvania Department of Environmental Resources, or the Hanover Township Subdivision and Land Development Chapter. If more than 25 acres is involved an earth moving permit must be obtained from the Pennsylvania Department of environmental Resources.
(Ord. 45, Z-§ 1301, 5/12/76; as amended by Ord. 56, § 18, 6/14/78)

§ 27-1302. Fees.

All applicants for Zoning Permits, Occupancy Permits, special exceptions and interpretation and variance appeals and amendments and curative amendments shall, at the time of making applications, pay to the Zoning Officer for use of the Township, a fee in accordance with a Fee Schedule adopted by resolution of the Township Council upon the enactment of this Chapter or as such schedule may be amended by resolution of the Thwnship Council.
(Ord. 45, Z-§ 1302, 5/12/76; as amended by Ord. 103, § 4, 4/8/81)

§ 27-1303. Life of a Permit.

Any erection, construction, reconstruction, alteration or moving of a building or other structure authorized by a zoning permit shall be commenced and any change in use of a building or land authorized by a zoning permit shall be undertaken within six months after the date of issuance of the permit. However, in case of erection or construction of a building, the right to proceed with construction may be extended annually without payment of additional fees for an aggregate period of not more than 30 calendar months, provided that the construction pursuant to said permit has commenced within the first 6 month period. An Occupancy Permit shall expire at the same time as the Zoning Permit for the use, building, or structure to which the Occupancy Permit is applicable.
(Ord. 45, Z-§ 1303, 5/12/76; as amended by Ord. 103, § 5, 4/8/81)