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Liberty Township Adams County
City Zoning Code

ARTICLE VI

Administration and Enforcement

§ 350-600 Powers and duties of Zoning Officer.

A. 
Appointment and powers of the Zoning Officer.
(1) 
For the administration of this chapter, a Zoning Officer, who shall not hold any elective office in the Township of Liberty, shall be appointed.
(2) 
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.
(3) 
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.
(4) 
The Zoning Officer is hereby authorized to institute civil enforcement proceedings as a means of enforcement when acting within the scope of employment.
B. 
Duties of the Zoning Officer. It shall be the duty of the Zoning Officer to enforce the provisions of this chapter and such power and authority as is necessary for enforcement is hereby conferred upon the Zoning Officer. The Zoning Officer shall examine all applications for permits, issue permits for construction and uses which are in accordance with the requirements of this chapter, record and file all applications for permits with accompanying plans and documents and make such reports as the governing body may require. Permits for construction and uses which are a special exception or a variance to requirements of this chapter shall be issued only upon written order of the Zoning Hearing Board. Permits for construction and uses which are a conditional use shall be issued only upon written order of the Board of Supervisors.
C. 
Permits.
[Amended 12-4-2018 by Ord. No. 2018-03]
(1) 
Building permits. A building permit shall be required in accordance with the Pennsylvania Construction Code Act[1] and in accordance with the rules and regulations of Liberty Township.
[1]
Editor's Note: See 35 P.S. § 7210.101 et seq.
(2) 
Land use permits. A land use permit shall be a statement issued by the Zoning Officer setting forth either that a building, structure, parcel or use of land complies with the provisions of this chapter.
(a) 
No vacant land shall be used and no structure or part of a structure hereafter erected, substantially altered or changed in use shall be used, erected, altered or changed in use until a land use permit shall have been issued by the Zoning Officer.
(b) 
In the case of the erection or alteration of uses granted for special exception use, conditional use, or variance, a land use permit shall be obtained within 12 months following the date of the decision or 18 months if the activities require approval of a subdivision or land development plan.
(c) 
A land use permit for the use or occupancy of vacant land or for a change in the use of land, or for a change in the use of an existing building, either for a whole or part of a new building or for the alteration or an existing building, shall be applied for coincident with the applications for a land use permit and shall be issued or denied within 15 days after a final inspection by the Zoning Officer.
(d) 
A land use permit for changing or extending a nonconforming use, existing at the effective date of this chapter or of an amendment thereto, shall be applied for and issued before any such nonconforming use shall be changed or extended. Such permit shall be issued within 15 days after a final inspection and approval by the Zoning Officer.
(e) 
A record of all land use permits shall be kept on file in the office of the Zoning Officer and a copy shall be furnished on request to any person having a proprietary or tenancy interest in the building or land affected.
(f) 
All land use permits shall expire one year after the date of issuance and may be renewed twice.
(g) 
A land use permit is not required when repairing an existing structure to its previous condition.
(3) 
Other permits. All other permits shall be obtained, as required by county, state or federal authorities.
D. 
Fees.
(1) 
The governing body shall establish a schedule of fees, charges and expenses, as well as a collection procedure for permits, certificates of occupancy, appeals, variances, conditional uses, special exceptions, amendments, bonds and other matters pertaining to this chapter. The schedule of fees shall be posted in the office of the Zoning Officer.
(2) 
Such fees shall be payable to the Township and until all applicable fees, charges and expenses have been paid in full, the applications shall be considered incomplete and no action shall be taken on any application or appeal.
E. 
Records.
(1) 
It shall be the duty of the Zoning Officer to keep a record of all applications for permits, a record of all permits issued and a record of all certificates of occupancy, which he/she countersigns, together with a notation of all special conditions involved. The Zoning Officer shall file and safely keep copies of all plans submitted and the same shall be available for the use of the Board of Supervisors.
(2) 
The Zoning Officer shall prepare a monthly report for the Township Supervisors summarizing for the period since his/her last previous report all land use permits issued and certificates countersigned and all complaints of violations and the action taken by the Zoning Officer.
F. 
Appeals and applications. An appeal or application for an amendment, variance, special exception, or conditional use from the terms of this chapter shall be filed with the Zoning Officer and shall contain the following information:
(1) 
The name and address of the applicant.
(2) 
The name and address of the owner of the real estate to be affected by such proposal.
(3) 
A brief description and location of the real estate to be affected by such proposal.
(4) 
A statement of the present zoning classification of the real estate in question, the improvements thereon and the present use.
(5) 
A statement of the section of this chapter under which the appeal or application is filed and reasons why it should be granted or a statement of the section of this chapter governing the situation in which the alleged erroneous ruling is being appealed and reasons for the appeal.
(6) 
An accurate description of the present improvements and the additions intended to be made under this application, indicating the size and use of such proposed improvements and general construction thereof. In addition, there shall be attached a plot plan of the real estate to be affected, as required to accompany applications for permits, indicating the location and size of the lot and locations of improvements now erected and proposed to be erected thereon.
(7) 
An hours of operation and maintenance plan application must be submitted to the Township for any special exception or conditional use. A form shall be provided by the Township.
[Added 5-4-2016 by Ord. No. 2016-01]

§ 350-601 Conflicting regulations.

In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, safety, morals or general welfare. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, or whenever the requirements of this chapter are internally at variance, the most restrictive or that imposing the higher standard shall govern.

§ 350-602 Zoning Hearing Board.

A. 
There is hereby created for the Township a Zoning Hearing Board in accordance with the provisions of Article IX of the Pennsylvania Municipalities Planning Code (MPC), Act of 1968, P.L. 805, No. 247, as reenacted and amended.[1]
[1]
Editor's Note: See 53 P.S. § 10901 et seq.
B. 
Hearings. The Board shall conduct hearings and make decisions in accordance with Section 908 of the MPC.[2]
[2]
Editor's Note: See 53 P.S. § 10908.
C. 
Jurisdiction of the Zoning Hearing Board. The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudication in accordance with Section 909.1(a) of the MPC.[3]
[3]
Editor's Note: See 53 P.S. § 10909.1(a).
D. 
Variances. The Zoning Heard Board shall have the authority to grant variances in accordance with the Section 910.2 of the MPC.[4]
[4]
Editor's Note: See 53 P.S. § 10910.2.
E. 
Special exceptions. Where the Board of Supervisors, in this chapter, has stated special exceptions to be granted or denied by the Zoning Hearing Board pursuant to express standards and criteria, the Zoning Hearing Board shall hear and decide requests for such special exceptions in accordance with such standards and criteria below:
(1) 
Adequate public facilities are available to serve the proposed use (e.g., schools, fire, police and ambulance protection, sewer, water and other utilities, vehicular access, etc.).
(2) 
For development within the Floodplain Zone, that the application complies with those requirements listed in § 350-208 of this chapter.
(3) 
The proposed use shall comply with those criteria specifically listed in Article IV of this chapter. In addition, the proposed use must comply with all other applicable regulations contained in this chapter.
(4) 
In granting a special exception, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter and the Pennsylvania MPC, Act of 1968, P.L. 805, No. 247, as reenacted and amended.
(5) 
The Liberty Township Planning Commission shall review all special exception applications and provide any comments to the Zoning Hearing Board.
[Added 5-3-2016 by Ord. No. 2016-01]

§ 350-603 Board of Supervisors.

A. 
Jurisdiction of the Board of Supervisors. The Board of Supervisors shall have exclusive jurisdiction to hear and render final adjudication in accordance with Section 909.1(b) of the MPC.[1]
[1]
Editor's Note: See 53 P.S. § 10909.1(b).
B. 
Condition use criteria. Where the Board of Supervisors, in this chapter, has stated conditional uses to be granted or denied by the Board of Supervisors pursuant to express standards and criteria, the Board of Supervisors shall hear and decide requests for such conditional uses in accordance with such standards and criteria below:
(1) 
Adequate public facilities are available to serve the proposed use (e.g., schools, fire, police and ambulance protection, sewer, water and other utilities, vehicular access, etc.).
(2) 
For development within the Floodplain Zone, that the application complies with those requirements listed in § 350-208 of this chapter.
(3) 
The proposed use shall comply with those criteria specifically listed in Article IV of this chapter. In addition, the proposed use must comply with all other applicable regulations contained in this chapter.
(4) 
In granting a conditional use, the Supervisors may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter and the Pennsylvania MPC, Act of 1968, P.L. 805, No. 247, as reenacted and amended.
(5) 
The Liberty Township Planning Commission shall review all conditional use applications and provide any comments to the Board of Supervisors.
[Added 5-3-2016 by Ord. No. 2016-01]

§ 350-604 Referrals to Liberty Township Supervisors, committees and engineer.

A. 
The Zoning Hearing Board in the case of special exceptions and variances and the Board of Supervisors in the case of conditional uses may refer applications to the Planning Commission, the Township Engineer, or any other committee, commission or advisor for their advice, but is not required to do so.
B. 
Within 30 days of receiving an application for a special exception or conditional use or an application for a variance from the decisionmaking body, the referral body or advisor must give a written report on it to the decisionmaking body.
C. 
Appeals raising the substantive validity of any land use ordinance except those to be brought before the Board of Supervisors pursuant to the Section 913.3 of the MPC.[1]
[1]
Editor's Note: See 53 P.S. § 10913.3.

§ 350-605 Time limitations.

Time limitations shall be in accordance with Section 914.1 of the MPC.[1]
[1]
Editor's Note: See 53 P.S. § 10914.1.

§ 350-606 Stay of proceedings.

Stay of proceedings shall be in accordance with Section 915.1 of the MPC.[1]
[1]
Editor's Note: See 53 P.S. § 10915.1.

§ 350-607 Enactment of amendments.

Enactment of the zoning ordinance amendments shall be in accordance with Section 609 of the MPC.[1]
[1]
Editor's Note: See 53 P.S. § 10609.

§ 350-608 Procedure for landowner curative amendments.

Procedure for landowner curative amendments shall be in accordance with Section 609.1 of the MPC.[1]
[1]
Editor's Note: See 53 P.S. § 10609.1.

§ 350-609 Procedure for Township curative amendments.

Procedures for Township curative amendments shall be in accordance with Section 609.2 of the MPC.[1]
[1]
Editor's Note: See 53 P.S. § 10609.2.

§ 350-610 Enforcement; violations and penalties.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Enforcement penalties, enforcement notices, causes of action, jurisdiction and enforcement remedies shall be as set forth in Sections 616.1, 617, 617.1 and 617.2 of the MPC, 53 P.S. §§ 10616.1, 10617, 10617.1, and 10617.2.

§ 350-611 (Reserved) [1]

[1]
Editor's Note: Original Sec. 611, Enforcement notice, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I). See now § 350-610.

§ 350-613 Interpretation.

A. 
Conflict with other laws. The provisions of this chapter shall be deemed to be minimum requirements to meet the purposes stated herein. Where the provisions of this chapter impose greater restrictions than those of any federal or state statute, rule, regulation or other ordinance, the provisions of this chapter shall prevail. Where the provisions of any federal, or state statute, rule, regulation or other ordinance impose greater restrictions than those of this chapter, the provisions of such federal or state statute, rule, regulation or ordinance shall prevail.
B. 
Severability. The provisions of this chapter are hereby declared to be severable. If any section, subsection, sentence, clause phrase or provision hereof is held or judged by any court of competent jurisdiction to be unconstitutional, illegal or otherwise invalid, any such holding or judgment shall not be construed as affecting or impairing any other section, subsection, sentence, clause, phrase, or provision of this chapter, it being the expressed intent of the Board of Supervisors that this chapter would have been enacted had such unconstitutional, illegal or otherwise invalid section, subsection, clause, phrase, or provision not been included.
C. 
Saving clause. Nothing in this chapter shall be construed to affect any suit or proceeding pending in any court, or any rights acquitted, or liability incurred, or any cause or causes of action acquired or existing under any act or ordinance hereby repealed, nor shall any just or legal right or remedy of any character be lost, impaired or affected by this chapter.

§ 350-614 Severability.

Should any provision, section, subsection, clause or phrase of this chapter, or its application, be declared or held, for any reason, to be unconstitutional or invalid, such decision shall not affect the validity of this chapter as a whole or any part thereof other than the part so declared to be unconstitutional or invalid.

§ 350-615 Repealer.

All other ordinances or parts of ordinances in conflict with or inconsistent with the provisions of this chapter are repealed to the extent of such conflict or inconsistency is necessary to give this chapter full force and effect.

§ 350-616 Adoption.

This chapter is hereby enacted and adopted by the Board of Supervisors of Liberty Township, Adams County, Pennsylvania, this seventh day of June 2005.