Hepburn Township City Zoning Code
PART 9
VALIDITY, INTERPRETATION, AND REPEALER
§ 27-901 Interpretation.
[Ord. 75-1, 1/6/1975]
In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the health, safety, morals and general welfare of the Township. It is not intended to interfere with or abrogate or annul other rules, regulations or ordinances of the Township, provided that where this chapter imposes a greater restriction upon the use of buildings or premises, or upon the height of a building, or requires larger open spaces than are imposed by such other rules, regulations, or ordinance, the provisions of this chapter shall control.
§ 27-902 Validity.
[Ord. 75-1, 1/6/1975]
Should any section or provision of this chapter be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this chapter as a whole or of any other part thereof.
§ 27-903 Zoning Fees.
[Ord. 75-1, 1/5/1975; as amended by Ord. 1990-2, 11/6/1990; by Ord. 1991-1, 3/15/1991; and by Ord. 8.5.2008, 8/5/2008]
1.
The Supervisors shall by resolution prescribe reasonable fees with respect to the administration of this chapter and with respect to hearings before the Zoning Hearing Board. Fees for these hearings may include compensation for the Secretary and members of the Zoning Hearing Board, notice and advertising costs and necessary administrative overhead connected with the hearing including 1/2 of the appearance fee of a stenographer. The costs, however, shall not include legal expenses of the Zoning Hearing Board, expenses for engineering, architectural or other technical consultants or expert witness costs. Until such time as the Supervisors shall adopt a resolution setting or altering the fee schedule, the following fees shall prevail:
A.
Zoning permits fees shall be in an amount as established from time to time by resolution of the Board of Supervisors; provided, however, that if the zoning permit authorizes or pertains to a new or re-built structure or an addition to an existing structure, an additional fee shall be paid, based upon the total square footage, in excess of 1,000 square feet in an amount as established from time to time by resolution of the Board of Supervisors.
B.
Occupancy permits or certifications as to zoning classifications or regulations and similar certificates not otherwise specifically provided for fees shall be in an amount as established from time to time by resolution of the Board of Supervisors.
C.
Conditional use applications and all Zoning Hearing Board applications (variance, special exception, other appeals or matters) fees shall be in an amount as established from time to time by resolution of the Board of Supervisors, however, those applications involving a request for a zoning ordinance amendment or alteration of the zoning map or district boundaries shall be fees in an amount as established from time to time by resolution of the Board of Supervisors. In addition thereto, there shall be assessed as a fee to be paid prior to advertising of any hearing, 1/2 of the appearance fee of a stenographer, unless the presence thereof is waived in writing and the costs of giving public notice and legal advertising; and also when applicable, compensation for the Secretary and members of the Zoning Hearing Board, not to exceed an amount as established from time to time by resolution of the Board of Supervisors.
D.
The applicant, in case of such public hearing, shall cause to be deposited the sum an amount as established from time to time by resolution of the Board of Supervisors with the Township prior to advertising of the hearing in order to guarantee the payment of the aforesaid hearing costs, provided that the applicant shall pay any excess of such costs over and above the deposit and shall be refunded any amount less than the deposit incurred for such hearing costs.
E.
Certification as to Act 222 compliance fees in an amount as established from time to time by resolution of the Board of Supervisors.
F.
In any instance where a permit is requested, after the commencement of the work or contemplated change of use has been already undertaken, the applicant shall pay an additional fee in an amount as established from time to time by resolution of the Board of Supervisors over and above the other fees specified herein or such other fee as established by resolution of the Township Supervisors.
G.
A fee in an amount as established from time to time by resolution of the Board of Supervisors payable in advance shall be charged for a Certificate of Nonconformance. (See § 27-805.)
H.
A fee in an amount as established from time to time by resolution of the Board of Supervisors payable in advance, shall be made for each conditional use application to cover the costs of engineering and other investigations made by the Township. For any additional costs incurred by the Township above the amount as established from time to time by resolution of the Board of Supervisors, the applicant shall reimburse the Township.