Harborcreek Township
City Zoning Code
City Zoning Code
ARTICLE XXII
Administration and Enforcement
§ 490-129 Zoning Administrator.
A.
The duty and authority of administration and enforcement of the provisions of this chapter is hereby conferred upon the Zoning Administrator and his or her subordinates and/or designees, who may not hold an elective office in Harborcreek Township. The Zoning Administrator shall be appointed by the Township Board of Supervisors.
B.
It shall be the duty of the Zoning Administrator to have such duties and powers to administer and enforce this chapter, including but not limited to the following:
(1)
To receive and act upon applications for zoning permits to authorize the erection, reconstruction, alteration or repair of and additions to buildings and structures, use certificates, construction of foundations and other matters addressed in this chapter, and enforce compliance with the provisions of this chapter.
(2)
To receive and refer to the Zoning Hearing Board all applications for a variance, special exception use, and other matters within the jurisdiction of said Board.
(3)
To receive and refer to the Planning Commission and Township Board of Supervisors all petitions requesting rezoning of properties and vacation of paper streets.
(4)
To refer to the Planning Commission and Township Board of Supervisors all subdivision and land development applications and plans.
(5)
To refer to the Township Board of Supervisors such applications or petitions as are directed to the Township Board of Supervisors for action.
(6)
To receive and review applications for subdivision waiver approval.
(7)
To engage such expert opinions, with prior approval, as the Township Board of Supervisors deems necessary to report upon unusual technical issues which arise.
(8)
To be responsible for enforcement of this chapter.
(9)
To approve and issue a permit or certificate only when all requirements for its issuance have been met.
(a)
Where all requirements for a permit or certificate have not been met, such officials shall in writing deny such application, the writing to state the reason(s) for such denial.
(b)
Where a permit or certificate has been issued in reliance upon information submitted by the applicant, which is later found to be materially untrue, or has been issued improvidently, such officials shall have authority to revoke such issued permit or certificate. Such revocation shall be in writing and state the reason(s) for revocation and shall be sent to the person to whom the permit or certificate was issued via U.S. certified mail.
(10)
To conduct inspections of structures or buildings, lots and signs to determine compliance or non-compliance with the terms of this chapter. In carrying out such inspections, the Zoning Administrator or Township representative may enter upon any land and shall carry proper identification.
(11)
To issue all notices or orders necessary to act upon applications and ensure compliance with this chapter.
(12)
To issue all stop-work orders which may be necessary in event of violations of this chapter or of any issued permit or certificate.
(13)
To register non-conforming lots, structures and uses.
(14)
To communicate with the Building Code Official retained by the Township to administer and enforce the Uniform Construction Code (UCC), and shall receive and maintain on file reports, permits, certificates and other documents received from said Building Code Official. Communications shall include all necessary or appropriate information for the proper administration of the ordinances, including but not limited to notices of violation of the respective regulations and assistance in enforcement proceedings.
(15)
To issue all notices and prosecute all actions necessary to enforce this chapter and permits or certificates as issued.
(16)
To retain in permanent files all applications for zoning permits, use certificates, petitions for rezoning, applications for variance or use on special exception, appeals and other documents submitted to the Township or to the Zoning Hearing Board pursuant to this chapter and all decisions thereon.
(17)
To retain in permanent files all construction permits, final inspection reports and occupancy certificates issued under the Uniform Construction Code Ordinance and received from the Building Code Official under that ordinance.
(18)
To submit to the Township Board of Supervisors monthly and annual written reports of UCC construction permits and of zoning permits for activities which are regulated by this chapter but not the UCC Ordinance, and shall submit to other appropriate governmental entities reports of such activities as directed by the Township Board of Supervisors or its designee.
(19)
To be responsible for maintaining and updating this chapter and zoning map, including any amendments.
(20)
To review proposed subdivision and land development for compliance with this chapter.
§ 490-130 Zoning permits.
A.
Requirements. Until a zoning permit has been obtained from the Zoning Administrator, it shall be unlawful to excavate for foundation; construction or alteration of any building or structure; construction of an addition of a building or structure; demolition or relocate a building or structure; change of use within an existing building or structure; conversion of any structure or building; construction or installation of swimming pools holding over 24" of water in depth; alteration of an existing sign or installation of a sign; movement of a lot line which affects an exiting structure or building, such movement being subject to regulations established in the Township's Subdivision and Land Development Ordinance;[1] construction or alteration of any drive or other access to a state highway without a Pennsylvania highway occupancy permit with the Pennsylvania Department of Transportation.
B.
Exemptions to zoning permits. The following activities do not require a zoning permit, however, may require a building permit through the Building Code Inspector:
(1)
Accessory structure less than 224 sq. ft. (sheds, carport, pavilion, gazebo)
(2)
Fence.
(3)
Handicap ramps.
(4)
Stoop not exceeding 24 sq. ft.
(5)
Open stairs.
(6)
Solar panel.
(7)
Patio that shall be at-grade with no walls or roof structure.
(8)
Mailboxes.
(9)
Retaining wall.
(10)
Accessory solar panels (rooftop and ground-mounted).
(11)
Ordinary repairs and maintenance to buildings or structures (including residential interior renovations that do not increase the footprint of the building). Repairs shall not include removing a wall (including partition or portion thereof); structural beam or loadbearing support; alterations of means to egress; addition to, alteration of, or replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electrical wiring, mechanical or other work affecting the public health or general safety.
D.
Zoning permit application submittal. Applications shall be made on a form provided by the Township and shall be accompanied by a site plan including any additional information that the Township may require for administration of this chapter. Such completed application, with the required fee, shall be submitted to the Township Zoning Office for processing. An application shall be deemed complete when the application is filled out by the applicant, all necessary information is submitted, and other additional information depending on the applicant's project.
E.
Building permit. The building permit is distinct from a zoning permit. Projects that are regulated by the Uniform Construction Code shall require a building permit. Applicants shall receive a zoning permit approval prior to securing the building permit, if applicable.
F.
To whom the application is made. Application for a zoning permit shall be made by the owner or lessee, or authorized agent, contractor or design professional employed or retained by such owner or lessee in connection of such work, the following is required to accompany the application.
(1)
If a person other than the owner is submitting the application, an affidavit from the owner authorizing the person making such application to do so on behalf of the owner.
(2)
The owner shall be bound by all representations made on application and all regulations governing issuance of any permit(s).
(3)
The full name and mailing addresses of owner, applicant and the responsible officers, if the owner or the applicant is a corporation, shall be set forth in the application.
(4)
The owner shall be bound by all representations made on the application and by all regulations governing issuance of any permit(s).
(5)
The full names and mailing addresses of the owner, applicant and the responsible officers, if the owner or the applicant is a corporation, shall be set forth in the application.
G.
Issuance of a zoning permit. Until a zoning permit has been obtained from the Zoning Administrator, it shall be unlawful to conduct any of the activities listed in Subsection A.
(1)
Form of application. The application for a permit shall be submitted in such form as the Zoning Administrator may prescribe and shall be accompanied by the required fee as prescribed.
(2)
Description of work. The application shall contain a general description of the proposed work and/or use and occupancy of all parts of the building, structure, or sign and such additional information as may be required by the Zoning Administrator. The application shall establish that the land may lawfully be used as proposed and that all regulations of this chapter are complied with, absent an adjudication of the Zoning Hearing Board authorizing such use and construction.
(3)
Site plan. A site plan indicating the location of the proposed construction with dimensions and setbacks from the proposed building or structure to property lines. In cases where proposed construction activity is other than one- and two-family residential dwellings, data from the approved land development plans or plan amendments may be incorporated in the permit application in lieu of a new site plan.
(a)
Additional documentation. The Zoning Administrator may require additional information which is deemed necessary to properly evaluate the application for the purpose of its conformity with this chapter.
(b)
Stormwater management plan. A small stormwater project application completed by the applicant or a stormwater management plan submitted by a professional surveyor or engineer for the premises of the proposed activity may be required.
(c)
Wetlands. If the property is known or is determined to have wetlands, a wetland delineation study shall be submitted to determine if construction activity will affect any wetlands. If construction will impact wetlands, a permit/approval from the PA Department of Environmental Protection is required.
(d)
Flood zone areas. If the construction activity appears to be located within an area subject to regulations by the Harborcreek Township Floodplain Ordinance[2] or if the Zoning Administrator is unable to determine if the proposed activity is in a flood area, a survey by a certified surveyor indicating the location of the flood boundary area, proposed and existing building(s) or structure(s) shall be required. A base flood elevation certificate completed by a licensed surveyor or engineer may also be required. Compliance with the regulations of Harborcreek Floodplain Ordinance shall be met prior to issuance of a permit or building permit.
(e)
Grading plan. A grading plan meeting all Township specifications shall be submitted, if it's determined that it is necessary to approve the permit. The approved plan shall be complied with in the course of construction pursuant to the approved zoning permit and UCC permit, if applicable.
(f)
Access to state highway. The applicant is responsible for securing a PennDOT highway occupancy permit (HOP) with the PA Department of Transportation. No construction or installation shall be permitted until such time applicant receives a highway occupancy permit to install driveway access.
(g)
Access to Township road. No permit proposing access to a Township road by a use greater than minimum traffic volume shall be issued until such proposed access has been authorized by the Township Board of Supervisors, either through land development or by written authorization. The Zoning Administrator may grant zoning permits for minimum traffic volume accessing to a Township road where all conditions for such access have been met.
(h)
Sewage disposal.
[1]
If a building or structure is to be served by a public sewer, a sewer permit is required with the Harborcreek Sewer Authority.
[2]
If no public sewer is available, the applicant is responsible to secure a permit with the Erie County Health Department/PA Department of Environmental Protection. A soil suitability test will be conducted to determine what type of disposal system can be installed. A copy of the permit is required prior to issuance of a zoning permit.
(4)
Subdivision/land development. An approved, recorded subdivision plan and/or land development site plan.
(5)
Zoning Hearing Board. If applicable, a copy of the decision of Zoning Hearing Board authorizing issuance of such permit.
(6)
Demolition. Prior to a demolition of a building or structure, the applicant is responsible for contacting all utility companies to ensure that each utility is shut off or disconnected. The applicant is also responsible to secure a demolition permit, per the Uniform Construction Code.
(7)
Authorization of inspections. The submission of a zoning permit shall authorize the Zoning Administrator, his or her subordinates and/or designees or the Building Code Official, if deemed necessary by the Zoning Administrator, to inspect the construction of said activity as such on the permit application to determine all necessary regulations are in compliance with this chapter.
(8)
Action upon permit. Upon receiving the application, the Zoning Administrator shall examine and act upon the application within 10 business days. If the application or plans do not conform to the provisions of all pertinent laws, the Zoning Administrator shall reject such application in writing, stating the reasons therefor. Zoning Administrator 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, a zoning permit shall be issued.
H.
Conditions of a zoning permit:
(1)
A zoning permit issued shall authorize only the use or construction specified on the permit and application, and no other.
(2)
Payment of fees. No permit shall be issued until the fees required therefor prescribed by the Township Board of Supervisors pursuant to resolution shall be paid to the Township. The payment of fees under this section shall not relieve the applicant or holder of said permit from payment of other fees that may be required by this chapter or by any other ordinances or laws.
(3)
All work shall conform to the approved application for which the zoning permit has been issued and any approved amendments to the approved application or permit.
(4)
All new work shall be located strictly in accordance with the approved site plan or plot plan.
(5)
If the land subject to the proposed building, structure, renovation and/or addition is located within a subdivision or land development previously approved by the Township Board of Supervisors, the owner(s) shall be responsible for ensuring that all grading, stormwater management, easements, conditions and other terms imposed on the approved plan are preserved and/or complied with during and after construction. A grading plan shall be required whenever revision to the approved grading plan is proposed.
(6)
If the applicant proposes to construct sidewalks and/or a driveway or other street access, the owner shall be responsible for ensuring that such sidewalks, driveway(s) and other street access are constructed in full conformity with Township specifications.
(7)
A zoning permit shall be a license to proceed with the work or to secure a building permit to proceed with the work and shall not be construed as authority to violate, cancel or set aside any of the provisions of this chapter, the Uniform Construction Code Ordinance or any other ordinance or regulation governing the work, except as specifically stipulated by legally granted variance as described in the application.
(8)
No zoning permit shall be issued to any applicant or owner who is then in violation of the terms of a foundation permit, zoning permit, UCC (building) permit, development plan approval or agreement, use certificate, UCC occupancy certificate or other governmental approval and/or Township ordinance or regulation.
I.
J.
Revocation of a permit. The Zoning Administrator 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 if it is found that the work performed or the use to which the property is put is not in conformance with the application, approved plans, or provisions of all pertinent laws.
(1)
Where a zoning permit has been issued in connection with an activity that is subject to regulation under the UCC Ordinance, the Zoning Administrator shall notify the UCC Building Code Official promptly upon suspension or revocation of a zoning permit.
(2)
Enforcement of regulations under Township ordinances other than this Zoning Ordinance shall be within the authority of those officials to whom such responsibility has been delegated by the Township Board of Supervisors.
K.
Amendments to zoning application:
(1)
Amendments to a plan, application or other records accompanying the same shall be filed at any time before completion of the work for which the zoning permit is sought or issued.
(2)
Such amendment(s), if approved and accompanied by any required fee, shall be deemed part of the original application and shall be filed therewith.
§ 490-131 Use certificates.
A.
A use certificate shall serve as confirmation that a property is zoned for the use proposed in the application and that requirements established in this chapter for application for, issuance of and compliance with permits as issued have been met. A use certificate shall not be deemed or interpreted to constitute a certification by Harborcreek Township that construction, reconstruction, alteration, demolition or other like activity has been conducted in accordance with standards prescribed in this chapter, nor shall it be presumed to involve an inspection of such construction activity.
B.
A use certificate shall be required in order to maintain, renew, change, expand or extend a nonconforming use existing at the time of the enactment of the Zoning Ordinance and zoning map, and shall state that the use does not conform with the provisions of the Zoning Ordinance and/or zoning map.
C.
A use certificate shall be applied for and issued before any changes in the use of land, or any building or structure may be made. The following are activities that require a certificate:
D.
Activities that do not require a zoning permit but require a use certificate shall be issued by the Zoning Administrator or subordinate within 10 days after submission of a completed use certificate application and payment of all fees required therefor.
E.
A use certificate shall also serve as an approval for temporary uses. Applicant is required to complete a temporary use certificate application, site plan, and required fee. If approved, the use certificate shall be displayed during the temporary use. Such temporary certificates shall be for a period of time to be determined by the Zoning Administrator, however in no case shall they exceed three months.
F.
The Zoning Administrator shall not issue a use certificate unless a proper application therefor has been filed and fees therefor paid at the time required under this section.
G.
A record of all use certificate applications and issued certificates shall be kept on file in the office of the Zoning Administrator, and a copy shall be furnished upon request to any person having an ownership or tenancy interest in the land or building affected by such application or certificate.
H.
The Zoning Administrator shall refuse to issue a use certificate until and unless all requirements for its issuance have been met. If an application for a use certificate is not made and/or fees therefor paid in the time and manner prescribed in this section, no use certificate shall be warranted or issued.
§ 490-132 Jurisdiction of Township Board of Supervisors.
The Township Board of Supervisors shall have exclusive jurisdiction to hear and render final decisions in the following matters:
A.
All applications for approvals of planned residential developments.
B.
All applications for approval of subdivisions or land developments; including modifications.
C.
Applications for conditional uses.
(1)
Where the Township Board of Supervisors has stated conditional uses to be granted or denied pursuant to expressed standards and criteria, the Supervisors shall hold hearings on and decide requests for such conditional uses in accordance with such standards and criteria.
(2)
The applicant shall have the burden of proving compliance with the criteria for conditional uses.
(3)
The Township Board of Supervisors shall impose such reasonable conditions as it deems necessary to effect the intent and purpose of this chapter and to protect the health, safety and welfare of the citizens of the Township, especially those citizens most directly affected by the proposed use.
D.
Applications for curative amendments to this chapter.
E.
Petitions to rezone.
F.
Petitions to vacate paper streets.
§ 490-133 Jurisdiction of Planning Commission.
A.
The Township Board of Supervisors shall appoint a Planning Commission consisting of five members. All members of the Commission shall be residents of Harborcreek Township which acts as an advisor to the Township Board of Supervisors.
B.
Functions of the Planning Commission is a recommending commission to the Township Board of Supervisors pursuant to Section 209.1 of the Pennsylvania Municipalities Planning Code.[1]
(1)
Make recommendations concerning the adoption or amendment of an official zoning map.
(2)
Prepare and present to the governing body a zoning ordinance and make amendments to it.
(3)
Prepare and recommend subdivision and land development and planned residential development regulations.
(4)
Conduct studies, as either directed by the governing body or self-initiated, as necessary.
(5)
Review subdivision and land development plans and make a recommendation to the governing body.
(6)
Review home occupations and conditional use applications and make a recommendation.
(7)
Other duties that promote public interest.
(8)
Hold public monthly meetings.
[1]
Editor's Note: See 53 P.S. § 10209.1.
§ 490-134 Amendments.
A.
The Township Board of Supervisors may from time to time, after public notice and hearing as hereinafter prescribed, amend, supplement, change, or repeal this chapter, including the zoning map. Any amendment, supplement, change, or repeal may be initiated by the Township Planning Commission, the Township Board of Supervisors, or by a petition to the Township Board of Supervisors. Such amendment, supplement, change, or repeal shall be submitted to the Township Planning Commission and Erie County Department of Planning for its recommendations as in accordance with the Pennsylvania Municipalities Planning Code before final action shall be taken by the Township Board of Supervisors.
B.
Amendments initiated by the Township Planning Commission. When an amendment, supplement, or change is initiated by the Township Planning Commission, the proposal shall be presented to the Township Board of Supervisors, who shall then proceed in the same manner as with a petition to the Township Board of Supervisors, which has already been reviewed by the Township Planning Commission.
C.
Amendments initiated by the Township Board of Supervisors. When an amendment, supplement, change, or repeal is initiated by the Township Board of Supervisors, it shall submit the proposal to the Township Planning Commission and Erie County Department of Planning for review and recommendations.
D.
Procedure for petition. The petition for amendment, supplement, or change shall contain as fully as possible all the information requested by the Zoning Administrator 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 to be established by the Township 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.
(1)
Referral to the Township Planning Commission and Erie County Department of Planning:
(a)
After receipt of the petition by the Township Board of Supervisors, said petition shall be presented to the Township Planning Commission for review and recommendations at least 30 days prior to the public hearing. A report of said review, together with any recommendations, shall be given to the Township Board of Supervisors in writing within 30 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, or change.
(2)
Public hearing:
(a)
The Township Board of Supervisors shall at a regular or special meeting hold a public hearing at which parties of interest and citizens shall have an opportunity to be heard. Notice of the time and place of such hearing shall be published in one newspaper of general circulation in the Township once each week for two successive weeks, not more than 30 days and not less than seven days prior to the date of said hearing.
(b)
In addition, if the proposed amendment involves a zoning map change, notice of said public hearing shall be conspicuously posted by the Township at points deemed sufficient by the Township along the perimeter of the tract to notify potentially interested citizens. The affected tract or area shall be posted at least one week prior to the date of the hearing.
(3)
Action by the Township Board of Supervisors:
(a)
If, after any public hearing held upon an amendment, the proposed amendment is changed substantially, or is revised, to include land previously not affected by it, the Township Board of Supervisors shall hold another public hearing, pursuant to public notice. Notice of the proposed amendment must also be published at least 10 days prior to enactment.
(b)
Within 30 days of enactment, a copy of the amendment shall be forwarded to the Erie County Department of Planning.
§ 490-135 Challenges to validity of ordinance.
A.
A landowner who, on substantive grounds, desires to challenge the validity of this chapter or the zoning map or any provision thereof which prohibits or restricts the use or development of land in which he has an interest shall submit the challenge to Township Board of Supervisors with a request for a curative amendment.
B.
Persons aggrieved by a use or development permitted on the land of another by this chapter or the map, or any provision thereof, who desire to challenge its validity on substantive grounds shall first submit their request to the governing body as provided in Section 909.1(b)(4) of the Pennsylvania Municipalities Planning Code.[1] The request shall be accompanied by an amendment or amendments to this chapter to cure the alleged defects therein.
[1]
Editor's Note: See 53 P.S. § 10909.1(b)(4).
C.
The Township Solicitor shall represent and advise it at the hearing or hearings.
D.
Based upon the testimony presented at the hearing or hearings, the governing body shall determine whether the challenged ordinance or map is defective, as alleged by the landowner. If it's found to have merit, the governing body shall proceed to amend the ordinance or map.
E.
The curative amendment shall be referred to the Township Planning Commission and the Erie County Department of Planning at least 30 days before the hearing is conducted by the Township Board of Supervisors.
F.
Public notice shall be given, and the hearing conducted in accordance with applicable provisions of the Pennsylvania Planning Code, Act 247, as amended by Act 170.
§ 490-136 Conditional use.
The Township Board of Supervisors may grant conditional use approval pursuant to the criteria for such specific uses. In addition, the Board of Supervisors may attach such reasonable conditions and safeguards as they deem appropriate to protect the public welfare and implement the purposes of this chapter. Nothing in this section shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.
A.
Application procedure:
(1)
Applications for any conditional use shall be made to the Zoning Administrator who shall refer such applications to the Board of Supervisors. Upon receipt of a conditional use application, the Zoning Administrator shall forward a copy of the application to the Board of Supervisors. The Board of Supervisors will then refer the conditional use application to the Planning Commission for review and recommendation. The Planning Commission shall conduct its review and make its recommendations within 30 days of receipt of such request.
(2)
The applicant shall comply with the criteria set forth in this chapter and shall have the persuasion burden to show the request is not detrimental to the health, safety, and welfare of the neighborhood.
B.
Written statement. All applications for conditional uses shall be completed by applicant and submitted along with the prescribed fee, site plan, and parking plan.
C.
Hearing requirements:
(1)
The Township Board of Supervisors shall conduct a public hearing in accordance with the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended.
(2)
Public notice of the hearing shall be given in accordance with the applicable provisions of the Code. In addition, notice shall be given to the applicant, all owners of within 500 ft. or 1,000 ft. depending on the zoning district. Such notices shall be in writing and shall be given not more than 30 days nor less than seven days prior to the date and time set for such hearing. In addition, written notice shall be conspicuously posted on the affected tract of land at least one week prior to the hearing.
(3)
The hearing shall be scheduled within 60 days from the date of the applicant's request unless the applicant has agreed in writing to an extension of time.
(4)
The parties to the hearing shall be the applicant and any person affected by the application who has made a timely appearance of record before the Township Board of Supervisors, and any other person. The Township Board of Supervisors shall have the power to require that all persons who wish to be considered parties enter appearances in writing.
(5)
The Township Board of Supervisors, in considering any conditional use, may prescribe reasonable conditions and safeguards, in addition to those expressed in this chapter. A violation of such conditions and safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a violation of this chapter.
(6)
Written decision. The Township Board of Supervisors shall render a written decision or, when no decision is called for, make written findings on the conditional use application within 45 days after the last hearing before the Township Board of Supervisors. Where the application is contested or denied, each decision shall be accompanied by findings of fact or conclusions based thereon, together with any reasons therefor. Conclusions based on any provision of this chapter or of any ordinance, rule, or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found. A copy of the final decision or, where no decision is called for, of the findings, shall be delivered to the applicant personally or mailed no later than the day following its date.
(7)
Action. If the Township Board of Supervisors determine that the application for conditional use meets all requirements of this chapter and receives assurances that any additional conditions deemed necessary shall be fulfilled and that the application is in conformity with the criteria set herein, it shall direct the Zoning Administrator to issue a zoning approval for such conditional use.
D.
Expiration of decision. Unless otherwise specified by the Township Board of Supervisors at the time of their action, a conditional use authorization shall expire if the applicant fails to obtain any necessary zoning permit or comply with the conditions of said authorization within six months from the date of authorization.
§ 490-137 Fees.
A.
Fees shall be charged and shall be paid at the time any permit or renewal thereof or use certificate is presented and filed, in accordance with the schedule of fees established from time to time by resolution of the Township Board of Supervisors.
B.
Petitions requesting rezoning of property shall be accompanied by a filing fee as prescribed in the schedule of fees established from time to time by the Township Board of Supervisors to defray costs of advertising, processing and professional services.
C.
Each appeal or application to the Zoning Hearing Board or Township Board of Supervisors, exclusive of appeals from action of the Zoning Administrator, shall be accompanied by a filing fee as prescribed in the schedule of fees established from time to time by the Township Board of Supervisors to defray costs of advertising, processing and professional services. No such application or appeal shall be deemed filed until the Zoning Administrator receives all required documents and the filing fees therefor.
D.
Each appeal to the Zoning Hearing Board challenging propriety of action by the Zoning Administrator shall be accompanied by a filing fee as prescribed in the schedule of fees established from time to time by resolution of the Township Board of Supervisors to defray costs of advertising, processing and professional services. No such application or appeal shall be deemed filed until all of the required documents and filing fees therefor are received by the Zoning Administrator.
E.
Other requests made to the Township Board of Supervisors:
(1)
Petition to vacate a paper street to the Township Board of Supervisors shall be accompanied by a filing fee as prescribed in the schedule of fees established by resolution of the Township Board of Supervisors and shall include a reimbursement agreement that is signed by petitioner to reimburse the Township for costs associated with the vacation; solicitor fees; and advertisement costs. Reimbursement fees shall be paid prior to recording of documents that is associated with the vacation of paper street.
§ 490-138 Violation, remedies, and penalties.
A.
Education on provisions. When it appears a violation has occurred, the Zoning Administrator or Code Enforcement Officer, as part of their investigation to determine if in fact, a violation has occurred, shall send a letter to discuss the matter and educate the possible violator(s) of the provisions of this chapter.
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, and any amendment thereto or prior enabling laws, the Township, the Zoning Administrator of the 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 proceeding 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. When any such action is instituted by a landowner or tenant, notice of that action shall be served upon the Township at least 30 days prior to the time the action is begun by serving a copy of the complaint on the Township Board of Supervisors of Harborcreek Township. No such action may be maintained until such notice has been given.
C.
Enforcement notice. When it is determined to the Township and/or the Zoning Administrator or Code Enforcement Officer that a violation has occurred or is continuing after the education of the provisions of this chapter, the Zoning Administrator or Code Enforcement Officer shall send an enforcement notice. The enforcement notice shall be sent to the owner of record of the parcel on which the violation has occurred, to any person who has filed a written request to receive enforcement notices regarding the parcel, and to any other person requested in writing by the owner of record. The enforcement notice shall state the following:
(1)
The name of the owner of record and any other person against whom the Township intends to take action.
(2)
The location of the property in violation.
(3)
The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of the ordinance.
(4)
The date before which the steps for compliance must be commenced and the date before which the steps must be completed.
(5)
That the recipient of the notice has the right to appeal to the Zoning Hearing Board within a prescribed period of time in accordance with procedures set forth in this chapter.
(6)
That failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation, with possible sanctions clearly described.
D.
Jurisdiction. District justices shall have initial jurisdiction over proceedings brought under this article.
E.
Enforcement remedies:
(1)
Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this chapter or any prior ordinance still in effect shall, upon being found liable therefor in a civil enforcement proceeding commenced by Harborcreek Township or its duly designated representatives, pay a judgment of up to $500, plus all court costs, including reasonable attorneys' fees incurred by Harborcreek Township, as a result of seeking such enforcement.
(2)
Civil enforcement proceedings shall be commenced before any Magisterial District Judge. 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.
(3)
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 such 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. Thereafter, each day that a violation continues shall constitute a separate violation.
(4)
If the defendant neither pays nor timely appeals the judgment, Harborcreek Township may enforce the judgment pursuant to the applicable rules of civil procedure. All judgments, costs and reasonable attorneys' fees collected for the violation of this chapter shall be paid over to Harborcreek Township.
(5)
Nothing contained in this section shall be construed or interpreted to grant any person or entity other than Harborcreek Township and its Zoning Administrator the right to commence any action for enforcement pursuant to this section.