For the administration of this chapter, a Zoning Officer, who shall not hold any elective office in the Hopewell Township and West Middletown Borough, shall be appointed.

The Zoning Officer shall meet the qualifications established by the Township and shall be able to demonstrate to the satisfaction of the Township a working knowledge of municipal zoning.

The Zoning 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 Officer shall also be the floodplain administrator and shall administer and enforce those portions of the Municipal Code.

The Zoning Officer shall be authorized to institute civil enforcement proceedings as a means of enforcement.

In the interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the protection of the public health, safety, morals or general welfare. Wherever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, including other portions of this chapter, the most restrictive or that imposing the higher standards shall govern.

In interpreting the language of this chapter to determine the extent of the restriction upon the use of the property, the language shall be interpreted, where doubt exists as to the intended meaning of the language adopted by the municipal elected officials, in favor of the property owner and against any implied extension of the restriction.

If it appears to the municipality that a violation of this chapter has occurred, the municipality shall initiate enforcement proceedings by sending an enforcement notice as provided in this section.

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 that parcel and to any other person requested in writing by the owner of record.

An enforcement notice shall be in writing and shall state at least the following:

In any appeal of an enforcement notice to the Zoning Hearing Board, the municipality shall have the responsibility of presenting its evidence first.

Any filing fees paid by a party to appeal an enforcement notice to the Zoning Hearing Board shall be returned to the appealing party by the Municipality if the Zoning Hearing Board, or any court in a subsequent appeal, rules in the appealing party's favor.

Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the municipality, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the municipality as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the municipality may enforce the judgment pursuant to the applicable rules of civil procedure. 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 which 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, and, thereafter, each day that a violation continues shall constitute a separate violation.

The Washington County Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment.

Nothing contained in this chapter shall be construed or interpreted to grant to any person or entity other than the municipality the right to commence any action for enforcement pursuant to this chapter.

Magisterial District Judges shall have initial jurisdiction over proceedings brought under this chapter.

The name and address of the applicant.

The name and address of the owner of the real estate involved in the appeal.

A brief description and location of the real estate involved in the appeal.

A statement of the present zoning classification of the involved real estate and a description of the improvements thereon and the present use thereof.

Reference to the section of this chapter under which the appeal or application is filed; or, reference to the section of this chapter governing the situation in which the alleged erroneous ruling is being appealed and reasons for the appeal.

An accurate description of the present and/or proposed use intended to be made, indicating the size and use of such proposed use. In addition, there shall be attached a plot plan of the involved real estate as required to accompany applications for permits.

An application fee, in an amount as established from time to time by resolution of the municipal elected officials, which is payable to the Hopewell Township and West Middletown Borough.

The Municipal Zoning Hearing Board shall elect from its own membership its officers, who shall serve annual terms as such and may succeed themselves. For the conduct of any hearing and the taking of any action, a quorum shall be not less than a majority of all the members of the Municipal Zoning Hearing Board, but the Municipal Zoning Hearing Board may appoint a hearing officer from its own membership to conduct any hearing on its behalf and the parties may waive further action by the Municipal Zoning Hearing Board as provided in § 320-1201 of this article.

The Municipal Zoning Hearing Board may make, alter and rescind rules and forms for its procedure, consistent with the ordinances of the Township and laws of the commonwealth. The Municipal Zoning Hearing Board shall keep full public records of its business, which records shall be the property of the Township, and shall submit a report of its activities to the municipal elected officials as requested by the municipal elected officials.

Substantive challenges to the validity of any land use ordinance, except those brought before the municipal elected officials pursuant to Sections 609.1 and 916.1(a)(2) of the Pennsylvania Municipalities Planning Code, 53 P.S. §§ 10609.1 and 10916.1(a)(2).

Challenges to the validity of a land use ordinance raising procedural questions or alleged defects in the process of enactment or adoption which challenges shall be raised by an appeal taken within 30 days after the effective date of said ordinance.

Appeals from the determination of the Zoning Officer including, but not limited to, the granting or denial of any permit, or failure to act on the application therefor, the issuance of any cease and desist order or the registration or refusal to register any nonconforming use, structure or lot.

Appeals from a determination by the Municipal Engineer or the Zoning Officer with reference to the administration of any floodplain or flood hazard ordinance or such provisions within a land use ordinance.

Applications for variances from the provisions of this chapter.

Applications for special exceptions from the provisions of this chapter.

Appeals from the determination of any officer or agency charged with the administration of any transfer of development rights or performance density provisions of this chapter.

Appeals from the Zoning Officer's determination under Section 916.2 of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10916.2.

Appeals from the determination of the Zoning Officer or the Municipal Engineer in the administration of any land use ordinance or provision thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relate to development not involving development controlled by Chapter 275, Stormwater Management; Chapter 282, Subdivision and Land Development; or planned residential development.

The Municipal Zoning Hearing Board shall hear requests for variances where it is alleged that the provisions of this chapter inflict unnecessary hardship upon the applicant. The Municipal Zoning Hearing Board may by rule prescribe the form of application and may require preliminary application to the Zoning Officer. The Municipal Zoning Hearing Board may grant a variance, provided that all of the following findings are made where relevant in a given case:

In granting any variance, the Municipal Zoning Hearing Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., and this chapter.

Unless specifically authorized by the Municipal Zoning Hearing Board, the grant of a variance shall expire if a zoning permit, building permit, or certificate of use and occupancy is not obtained within one year from the date of grant of variance, unless the Municipal Zoning Hearing Board, in its decision, permits a greater period of time.

Where the municipal elected officials in this chapter have stated special exceptions to be granted or denied by the Municipal Zoning Hearing Board pursuant to express standards and criteria, the Municipal Zoning Hearing Board shall hear and decide requests for such special exceptions in accordance with such standards and criteria. In granting a special exception, the Township Zoning Hearing Board may attach such reasonable conditions and safeguards, in addition to those expressed in the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., as it may deem necessary to implement the purposes of this chapter.

Unless specifically authorized by the Municipal Zoning Hearing Board, the grant of a special exception shall expire if a zoning permit, building permit, or certificate of use and occupancy is not obtained within one year from the date of the grant of the special exception however, if the grant of a special exception requires the processing of a subdivision or land development plan, then the grant of the special exception shall expire if a zoning permit, building permit, or certificate of use and occupancy is not obtained within two years from the date of the grant of the special exception, unless the Municipal Zoning Hearing Board, in its decision, grants a special exception to permit a greater period of time.

No person shall be allowed to file any proceeding with the Municipal Zoning Hearing Board later than 30 days after an application for development, preliminary or final, has been approved by an appropriate municipal officer, agency or body if such proceeding is designed to secure reversal or to limit the approval in any manner unless such person alleges and proves that he had no notice, knowledge or reason to believe that such approval had been given. If such person has succeeded to his interest after such approval, he shall be bound by the knowledge of his predecessor in interest. The failure of anyone other than the landowner to appeal from an adverse decision on a tentative planned residential development plan or from an adverse decision by a Zoning Officer on a challenge to the validity of an ordinance or map pursuant to Section 916.2 of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10916.2, shall preclude an appeal from a final approval except in the case where the final submission substantially deviates from the approved tentative approval.

All appeals from determinations adverse to the landowners shall be filed by the landowner within 30 days after notice of the determination is issued.

Persons with a claim for reasonable accommodation under the Fair Housing Amendments Act or the Americans with Disabilities Act[1] shall submit an application for a special exception to the Zoning Hearing Board. The Zoning Hearing Board shall require the information outlined in § 320-1207, Application and approval of procedures.

The Zoning Hearing Board may hold any meeting(s) and/or hearing(s) necessary in its discretion to elicit information or argument pertinent to the request for accommodation.

The Zoning Hearing Board's decision shall be in writing.

The Zoning Hearing Board shall issue its written decision to the applicant and the Board of Commissioners within 30 days of filing of the request for accommodation or at the next regularly scheduled Zoning Hearing Board meeting, whichever is the later of the two.

A request for reasonable accommodation should be directed to the Zoning Hearing Board. In considering a request for reasonable accommodation, the Zoning Hearing Board shall, with the advice of the appointed legal counsel, apply the following criteria: