Hempfield Township City Zoning Code
ARTICLE XXVIII
Administration and Enforcement
§ 87-199 Appointment of administration.
A Zoning/Code Enforcement Officer shall be appointed by the Board of Supervisors to enforce this chapter. The Zoning/Code Enforcement Officer shall administer this chapter in accordance with its literal terms and shall not have the power to permit any construction or any use or change of use which does not conform to this chapter. The Zoning/Code Enforcement Officer shall:
A.
Examine all applications for permits.
B.
Issue zoning permits for all permitted uses which are in accordance with the requirements of this chapter.
C.
Record all nonconforming uses that are registered as required by Article XXV, including nonconforming signs.
D.
Maintain a permanent file of all zoning permit applications as public records and all nonconforming uses.
§ 87-200 Zoning permit.
A.
When required. No building or structure shall be erected, added to or structurally altered, remodeled or improved until a permit therefor has been issued by the Zoning/Code Enforcement Officer or an agent designated by the Township. Construction and/or alteration, as authorized by an approved permit, shall begin within the period of 90 days of the date of issuance; otherwise, the permit shall be null and void. All applications for zoning permits shall be in accordance with the requirements of this chapter, and, except upon written order of the Zoning Hearing Board, no such zoning permit shall be issued for any building where said construction, addition or alteration for use thereof would be in violation of any of the provisions of this chapter.
B.
Materials accompanying applications.
(1)
There shall be submitted with all applications for a zoning permit for a new structure, addition(s) to an existing structure, or alterations or remodeling to an existing structure two copies of a plot plan and building elevations, drawn to scale, showing the actual dimensions of the lot to be built upon, the exact size and location of the building on the lot and accessory building(s) erected thereon, and other such information as shall be deemed necessary by the Zoning/Code Enforcement Officer or agent designated by the Township to determine and provide for the enforcement of this chapter. Such plot plan shall be prepared by a certified registered professional land surveyor. All applications shall also contain a copy of the deed or lease for said property.
(2)
In addition to meeting all requirements of this chapter, proof of appropriate Commonwealth of Pennsylvania agency review will be required for all public buildings or uses requiring Commonwealth of Pennsylvania approval. This requirement is in addition to any requirements set forth in Chapter 76 of this Code with respect to subdivision or land development.
C.
Approval.
(1)
The Zoning/Code Enforcement Officer or an agent designated by the Township shall review the application to determine compliance with the provisions of this chapter and all other applicable ordinances of the Township.
(2)
If the application complies with all such requirements, the Zoning/Code Enforcement Officer or agent shall notify the applicant in writing or orally that the application has been approved.
(3)
One copy of such layout or plot plan shall be returned when approved by the Zoning/Code Enforcement Officer or agent, together with the permit, to the applicant.
D.
Fee. The application shall be accompanied by a fee as predetermined from a fee schedule adopted by resolution of the Board of Supervisors.
§ 87-201 Zoning approval for uses by special exception.
Applications for zoning approval for uses by special exception shall be referred by the Zoning/Code Enforcement Officer or an agent designated by the Township to the Zoning Hearing Board. The Zoning/Code Enforcement Officer or agent designated by the Township shall not issue a permit for development of any use by special exception until the approval has been granted by Zoning Hearing Board. Any permits issued shall be subject to all conditions attached to the approval of the use by the Zoning Hearing Board.
§ 87-202 Enforcement notice.
If it appears to the Township that a violation of any provision under this chapter has occurred, the Township shall initiate enforcement proceedings by sending an enforcement notice to the owner of the lot of record on which the violation has occurred. The enforcement notice shall be issued in accordance with the provisions of Section 616.1 of the MPC, as the same shall from time to time be amended.[1]
[1]
Editor's Note: See 53 P.S.§ 10616.1.
§ 87-203 Violations and penalties.
Any person, partnership or corporation who or which shall violate any provision of this chapter shall, upon being found liable therefor in a civil enforcement proceeding, pay a judgment of not more than $500, plus all court costs, including reasonable attorneys' fees incurred by the Township as a result thereof. Each day that a violation continues shall constitute a separate violation hereof, unless the District Justice determines that there was a good-faith basis for the person, partnership or corporation violating the 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 District Justice's determination of a violation, and thereafter each day that a violation continues shall constitute a separate violation. All moneys collected for such violations shall be paid over to the Township. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance with this chapter.
§ 87-204 Additional 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 governing body or, with the approval of the governing body, an officer of the Township, 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.