Haverford Township City Zoning Code
ARTICLE IX
Administrative Regulations
§ 182-901 Administration and enforcement.
A.
Administration.
(1)
The duty of administering and enforcing the provisions of this chapter is hereby conferred upon the Zoning Officer. The Zoning Officer shall administer the Zoning Ordinance in accordance with its literal terms and shall not have the power to permit any construction or use or change of use which does not conform to this chapter.
(2)
It is the purpose of this Article to prescribe the procedures by which the administration of this chapter shall take place. Nothing contained within this Article shall be interpreted as limiting the adoption of administrative regulations which do not supersede required stated procedures.
B.
Duties. The duties of the Zoning Officer shall be:
(1)
To examine all applications for permits.
(2)
To issue permits only for construction and uses which are in accordance with the regulations of this chapter and other applicable ordinances.
(3)
To record and file all applications for permits with the accompanying plans and documents.
(4)
To issue permits for uses and construction by special exception and variance only after such uses and buildings are approved by the Zoning Hearing Board in accordance with the regulations of this chapter.
(5)
To receive all required fees and issue all necessary stop orders.
(6)
To inspect nonconforming uses, buildings and signs and to keep a filed record of such nonconforming uses and buildings as a public record and to examine them periodically.
(7)
Upon the request of the Planning Commission or of the Zoning Hearing Board, to present to such body facts, records and any similar information on specific requests to assist the Commission or Board in reaching its final decision.
(8)
To be responsible for keeping up-to-date a master copy of this zoning chapter and accompanying Zoning Map reflecting all subsequent changes and amendments.
C.
Appeal. Any appeal from a decision or action of the Zoning Officer shall be made directly to the Zoning Hearing Board, and such appeal shall be made within 30 days after notice of the decision is issued or, if no decision is made, 30 days after the date when a decision is deemed to have been made in accordance with the Pennsylvania Municipalities Planning Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
D.
Complaints regarding violations. Whenever a violation of this chapter occurs or is alleged to have occurred, any person may file a written and signed complaint. Such complaint stating fully the causes and basis thereof, shall be filed with the Zoning Officer. He shall record promptly such complaint, immediately investigate and take action thereon as provided by this chapter.
E.
Notification of violation. If the Zoning Officer shall find that any of the provisions of this chapter are being violated, he shall notify, in writing, the person responsible for such violation, indicating the nature of the violation and order the action necessary to correct it.
F.
Enforcement. No permit of any kind as provided for in this chapter shall be granted by the Zoning Officer for any purpose except in compliance with the provisions of this chapter or a decision of the Zoning Hearing Board or the courts.
G.
Enforcement remedies. In case any building, structure or land is or is proposed to be erected, constructed, reconstructed, altered, converted, maintained or used in violation of this chapter, the Board of Commissioners or, with the approval of the Board of Commissioners, the Zoning Officer, in addition to other remedies, may institute in the name of the Township any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure or land or to prevent in or about such premises any act, conduct, business or use constituting a violation.
H.
Violations and penalties. Any person, firm or corporation violating any provision of this chapter shall, upon conviction before any District Justice of the Peace, pay a judgment (fine) not exceeding $600 and costs of prosecution, including attorney's fees. Each and every day in which any person, firm or corporation shall be in violation of this chapter shall constitute a separate offense.
[Amended 6-13-1988 by Ord. No. 2019; 3-12-2012 by Ord. No. 2660]
§ 182-902 Permits.
A.
Requirements for zoning permits. A zoning permit shall be required prior to the erection, construction, structural alteration or enlargement of any building, structure or any portion thereof, including any sign; prior to the use or change in use or occupancy of a building or land; prior to the moving of a building into the Township or from one place in the Township to another; and prior to the change or extension of a nonconforming use. Such permit shall be issued simultaneously with the required building permit.
[Amended 1-9-1996 by Ord. No. 2237]
B.
Application for permits. Application for permits shall be made in writing to the Zoning Officer on such forms as may be furnished by the Township. Such application shall include building and plot plans of a satisfactory nature, in duplicate, and shall contain all information necessary for such official to ascertain whether the proposed erection, alteration, use or change in use complies with the provisions of this chapter. No zoning permit shall be considered complete or permanently effective until the Zoning Officer has certified that the work meets all the requirements of this chapter and any other applicable code or ordinance.
C.
Issuance of permits.
(1)
No zoning permit shall be issued except in conformity with the regulations of this chapter or except after written order from the Zoning Hearing Board or a court.
(2)
Permits shall be granted or refused within 30 days after the date of application. In case of refusal, the applicant shall be informed of his right to appeal to the Zoning Hearing Board.
D.
Expiration of permits. No permit for the erection, razing, change, alteration or removal of buildings shall be valid or effective after six months from the date of issuance thereof and shall thereafter be void, unless the work authorized by such permit shall have been substantially commenced within six months from the date of issuance and proceeded with, with due diligence. If, however, the applicant has been delayed in proceeding with the work for which the permit was granted by reason of any reasonable cause not due to his own negligence, the permit may be renewed without additional cost to the applicant.
E.
Certificate of occupancy.
(1)
Upon completion of the erection or alteration of any building or portion thereof authorized by any permit obtained in compliance with this chapter and prior to occupancy or use, the holder of such permit shall notify the Zoning Officer of such completion. No permit shall be considered complete or permanently effective nor shall any building be occupied or lot used until said official has issued a certificate of occupancy certifying that the work has been inspected and approved as being in conformity with the permit and the provisions of this chapter and other applicable ordinances.
(2)
In office, commercial, office-laboratory, light industrial and institutional districts in which performance standards are imposed, subject to § 182-717 of this chapter, no certificate of occupancy shall become permanent until 30 days after the facility is fully operating when, upon a reinspection by the Zoning Officer, it is determined that the facility is in compliance with all performance standards.
[Amended 12-8-1975 by Ord. No. 1623; 5-9-1977 by Ord. No. 1666]
(3)
A certificate of occupancy shall be granted or denied within 30 days from the date of application.
F.
Temporary permits. A temporary permit may be authorized by the Zoning Hearing Board as a special exception for a nonconforming structure or use which it deems beneficial to the public health or general welfare or 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 Township. Such a permit shall be issued for a specified period of time not exceeding six calendar months and may be renewed for an aggregate period of not more than two years.[1]
[1]
Editor's Note: Former Subsection G, Sign permits, which immediately followed this subsection, was repealed 1-9-1996 by Ord. No. 2237.
§ 182-903 Fees.
A.
Fees required in the administration of this chapter shall be paid in accordance with the provisions of a fee schedule adopted by resolution of the Board of Township Commissioners and shall be paid into the Township treasury. Each applicant for a permit, appeal, special exception, variance or amendment shall, at the time of making application, pay a fee for the cost of administration, advertising, mailing notices and/or transcribing testimony.
[Amended 1-9-1996 by Ord. No. 2237]
B.
The Board of Commissioners shall be empowered to reevaluate any fees included in a fee schedule and make necessary alterations to it. Such alterations shall not be considered an amendment to this chapter and may be adopted at any public meeting of the Board by resolution. A schedule of fees shall be posted in the office of the Zoning Officer.
C.
The required fees for zoning amendments may vary according to advertising costs and thus shall be kept up-to-date by the Board of Commissioners and the Zoning Officer. All such fees shall be paid into the Township Treasury.
D.
Special exceptions and variances shall be issued only after fees have been paid in full, and the Zoning Hearing Board shall take no action on appeals until preliminary charges have been paid in full.