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Lower Towamensing Township
City Zoning Code

ARTICLE I

Administration

§ 450-1 Title.

This chapter shall be known and may be cited as the "Lower Towamensing Township Zoning Ordinance."

§ 450-2 Purpose.

This chapter is enacted for the following purposes:
A. 
To promote, protect, and facilitate the public health, safety, morals, general welfare, coordinated and practical community development, proper density of population, airports, the provisions of adequate light and air, vehicle parking and loading space, transportation, water, sewerage, schools, public grounds, and other public requirements.
B. 
To preserve prime agriculture and farmland considering topography and present use, and to preserve environmentally sensitive lands.
C. 
To prevent overcrowding of land, blight, danger, and congestion in travel and transportation.

§ 450-3 Community development objectives.

This chapter is made in accordance with an overall program, the community development objectives as set forth in the Palmerton Area Comprehensive Plan, and with consideration for the character of the Township, its various parts, and the suitability of the various parts for particular uses and structures, and with the view to conserving the value thereof and encouraging the most appropriate use of land throughout the Township.

§ 450-4 Applicability; scope.

A. 
It shall be a violation of this chapter to erect, construct, reconstruct, move, enlarge or structurally alter any building, structure or sign or change the use of land unless such activity conforms to the regulations of this chapter and a permit has been issued for such activity.
B. 
No building, structure, sign or land shall be used, constructed, occupied, enlarged, moved or modified except as permitted by this chapter. However, structures and uses that lawfully existed at the time of enactment of this chapter shall not be required to change (see Article XI, Nonconformities).
C. 
Any lawful construction or use begun prior to the enactment of this chapter in compliance with municipal laws in effect at such time will be allowed to proceed to completion if accomplished within one year following the effective date of this chapter.
D. 
Exceptions.
(1) 
The provisions of the Pennsylvania Municipalities Planning Code (MPC) concerning public utilities shall apply. (Note: As of the adoption date of this chapter, Section 619 of such Act[1] generally stated, among other provisions, that zoning regulations "shall not apply to any existing or proposed building, or extension thereof, used or to be used by a public utility corporation, if, upon petition of the corporation, the Pennsylvania Public Utility Commission shall, after a public hearing, decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public.")
[1]
Editor's Note: See 53 P.S. § 10619.
(2) 
This chapter shall not apply to uses or structures owned or leased by the government of Lower Towamensing Township for legitimate public purposes.
(3) 
This chapter shall not apply to certain signs as outlined in Article X; nor shall it apply to temporary fences such as snow fences and fences around construction sites.
E. 
Municipalities Planning Code text. In certain sections of this chapter, sections of the Pennsylvania Municipalities Planning Code are referenced or included in a "note." Such section references and notes are for general information purposes for the public. If the General Assembly amends a section of the Pennsylvania Municipalities Planning Code that is referenced or stated after a note, such amendment to state law shall automatically apply in regards to this chapter, regardless of whether the unamended wording of the state law is referenced or included in a note.
F. 
Nuisances prohibited (general). No building or structure may be erected, altered, or used, and no lot or premises may be used, for any activity which is continuously noxious, injurious, or offensive by reason of dust, smoke, odor, fumes, noise, vibration, debris, gas, effluent discharge, illumination or other conditions.

§ 450-5 Construal of provisions.

A. 
Minimum requirements. The provisions of this chapter shall be interpreted as the minimum requirements for the promotion of the health, safety, morals and general welfare. Whenever this chapter conflicts with any rule, regulation or ordinance, the greater restriction upon the use of structures or premises, upon the height or bulk of a structure or upon requiring larger open spaces, regardless of its source, shall prevail.
B. 
Text and boundary interpretation. The Zoning Officer shall literally apply the wording of this chapter and the location of district boundaries to particular applications. If the applicant believes that the Zoning Officer has not made a proper determination and believes a differing interpretation is appropriate, then the applicant may appeal the Zoning Officer's determination to the Zoning Hearing Board, after paying the required fees.
(1) 
Where, due to inherent ambiguity, vagueness or lack of clarity in the language of this chapter, a reasonable doubt exists as to the meaning of any restriction upon the use of land, said doubt shall be resolved in favor of the property owner and against any implied extension of a restriction.
(2) 
For interpretation of district boundaries, see § 450-21 of this chapter.
C. 
Sketches. Sketches in this chapter are for illustration only.

§ 450-6 Uses not addressed by chapter.

Whenever a use is not listed as permitted by right, special exception or conditional use by this chapter in any district, that use is prohibited in the Township, except as may be permitted as follows:
A. 
The applicant may submit an application for consideration of the use by the Zoning Hearing Board.
B. 
The Zoning Hearing Board may permit such a use if the applicant proves to the satisfaction of the Zoning Hearing Board that the proposed use would clearly:
(1) 
Be less offensive in impacts and nuisances than permitted uses in that district;
(2) 
Be compatible with permitted uses in that district;
(3) 
Be consistent with the purposes of the district;
(4) 
Meet the criteria as would apply under special exception uses in this article of this chapter;[1] and
[1]
Editor's Note: See § 450-11, Special exception uses, of this chapter.
(5) 
Not be a use that is specifically prohibited in the district.
C. 
Conditions. In granting a special exception, the Board may require such reasonable conditions and safeguards (in addition to those expressed in this chapter) as it determines is necessary to implement the purposes of this chapter. Conditions imposed by the Zoning Hearing Board shall automatically become conditions of the zoning/building permit issued pursuant thereto, and any failure to comply with said conditions shall be a violation of this chapter.

§ 450-7 Permits; certification of nonconforming use.

A. 
Zoning permit types. Under the terms of this chapter, types of zoning permits may be issued for the following:
(1) 
Permitted by right use. A zoning permit for a permitted by right use may be issued by the Zoning Officer on his/her own authority.
(2) 
Special exception use. A zoning permit for a special exception use may be issued by the Zoning Officer upon the order of the Zoning Hearing Board after a hearing and which may require review by the Planning Commission.
(3) 
Conditional use. A zoning permit for a conditional use may be issued by the Zoning Officer upon the order of the Township Board of Supervisors after a review by the Planning Commission.
(4) 
Temporary structure or use. A permit for a temporary use or structure may be issued in compliance with Article VII.
(5) 
Permits issued after granting of a variance. The Zoning Officer may issue a permit ordered by the Zoning Hearing Board after a hearing in response to a variance request.
B. 
Applications under this chapter.
(1) 
All applications shall be made to the Zoning Officer on appropriate Township forms. Applications shall include a plot plan consisting at least of the dimensions of the lot and property and curblines, dimensions of side, front and rear yards, dimensions of the ground floor of the building and any projections, the height of the structure, off-street parking facilities, landscaping, the minimum and proposed building setback from lot lines, the distance to adjacent buildings and any other information determined by the Zoning Officer and/or the Zoning Hearing Board to be necessary to evaluate the application.
(2) 
If the applicant alleges that the Zoning Officer has made an error, an appeal should be made directly to the Zoning Hearing Board. All appeals shall be made in writing and shall fully review the facts and state the reasons and the provisions of the ordinance on which the appeal is based. A filing fee shall be required.
C. 
The zoning permit.
(1) 
The purpose of the zoning permit is to insure compliance with this chapter. No one shall erect, demolish, structurally alter or modify any sign, structure, building or part of a sign, building or structure nor alter the use of any land after the adoption of this chapter until a zoning permit has been issued by the Zoning Officer.
(2) 
Anyone who wishes to undertake any new construction, expansion or change of the use of a structure or lot shall apply to the Zoning Officer for a zoning permit. The application for a zoning permit shall be made by completing Township-approved forms. A site plan may be required as part of the application. When the zoning permit is approved, the applicant must then pay the required permit fee.
(3) 
After receiving an application, the Zoning Officer will either issue a zoning permit or refuse the permit. If the Zoning Officer refuses a permit, he/she will submit to the applicant the reasons for refusal, in writing. The applicant may appeal to the Zoning Hearing Board for further consideration.
(4) 
After the applicant has received a zoning permit, and after receiving any other required permits, the applicant may undertake the action allowed by the permits. Other required permits may include (but are not limited to) septic, well, erosion and sediment control plan (E&S), driveway, PennDOT highway occupancy and/or Uniform Construction Code (UCC). No zoning permit shall be issued without these approvals.
(5) 
Zoning permits shall be issued in duplicate, and a notice of the building and zoning permit shall be posted conspicuously on the premises. No person shall conduct construction activity of any kind unless this notice is displayed as required by this chapter. A copy will be forwarded to the County Assessor's Office.
(6) 
Upon the completion of the permitted actions, the applicant shall ask the Zoning Officer for an occupancy permit where one is required. If the Zoning Officer determines that the applicant's actions have been in accord with his/her various permits, the Zoning Officer will issue an occupancy permit.
(7) 
No permit shall be issued for any parcel of land located in a subdivision or land development for which approval is required and has not been secured in accordance with the requirements of the Pennsylvania Municipalities Planning Code (MPC).
(8) 
The zoning permit may be revoked if the application is revealed to be false or misleading or if the work underway differs materially from that described in the application.
(9) 
Expiration of a zoning permit. A zoning permit shall expire six months after the date of issuance if work described in any permit has not begun. If work described in any zoning permit has begun within said six-month period, said permit shall expire in one year. The Zoning Officer may issue up to two six-month extensions to renew a permit for good cause. No permit extensions shall be issued that allow permits to be active for more than two years after the date of original issuance.
(10) 
No zoning permit will be issued for activity contrary to this chapter except by written permission of the Zoning Hearing Board in cases of special use or in the granting of a variance or in cases of conditional use where the Township Board of Supervisors grants permission.
(11) 
The Township may issue a separate zoning permit. Otherwise, the zoning-related portions of a building permit shall be considered to be the zoning permit.
D. 
Occupancy permit.
(1) 
The purpose of the occupancy permit is to insure and certify that the provisions of this chapter, building codes, and any other adopted codes of Lower Towamensing Township have been fulfilled. The occupancy permit must be granted before the commencement of the use of land and building or the change in land and building use described in the zoning permit.
(2) 
A copy of the occupancy permit must be posted and kept on the premises and must be available to any Township officials. Applications must be made, in writing, to the Zoning Officer on approved forms.
E. 
Certification of nonconforming use.
(1) 
The Zoning Officer may identify and register existing nonconforming uses in a manner acceptable to the Township Board of Supervisors. The owner of a nonconforming premises may secure a permit certifying an existing nonconforming use from the Zoning Officer after providing sufficient written evidence of a legal nonconformity. In case of uncertainty by the Zoning Officer, the certification shall be rejected, and the applicant may then appeal to the Zoning Hearing Board.
(2) 
The certification attests to the owner's right to continue the described nonconforming use. (See Article XI, Nonconformities.)

§ 450-8 Zoning Officer.

A. 
The Township Board of Supervisors shall appoint and determine the rate of pay of the Zoning Officer and any Assistant Zoning Officer(s). The Zoning Officer shall meet the requirements of Section 614 of the Pennsylvania Municipalities Planning Code (Act 247 of 1968, as amended)[1] and shall administer this chapter in accordance with its literal terms. He/she shall not have the power to permit any activities which do not conform to this chapter.
[1]
Editor's Note: See 53 P.S. § 10614.
B. 
The Zoning Officer shall receive and examine all applications required by this chapter and shall respond, issue or refuse permits for permitted by right uses within 30 days of the Township's receipt of a complete application.
C. 
The Zoning Officer shall issue a written notice of alleged violation of this chapter to any person, corporation or firm so charged.
D. 
The Zoning Officer shall keep records of applications, permits, certificates, variances granted, inspections performed, reports made and notice of orders issued and shall issue an annual report of permit activity to the Township Board of Supervisors.
E. 
The Zoning Officer will make all required inspections and perform all duties assigned by this chapter.
F. 
The Zoning Officer should maintain Building Code Official certification and designation by the Pennsylvania Department of Labor and Industry as prescribed by Act 45 of 1999[2] (Pennsylvania Uniform Construction Code). This is advised so that zoning permits are not inadvertently released when a building permit may also be required. Individuals with Building Code Official certification will better serve the Township and its residents.
[2]
Editor's Note: See 35 P.S. § 7210.101 et seq.

§ 450-9 Zoning Hearing Board.

A. 
Appointment. The existing Township Zoning Hearing Board is hereby continued in effect in accordance with the MPC. Members shall hold no other office within the Township. The Board shall consist of three regular members, who shall be residents of the Township and shall be appointed by the Township Board of Supervisors to serve for three-year terms as prescribed by the MPC. The Township Board of Supervisors may also appoint alternate members who shall serve as provided in the MPC. (Note: As of the adoption date of this chapter, such provisions were in Sections 903(b) and 906(b) of such Act.[1]) Vacancies in the Board shall be filled by action of the Township Board of Supervisors, only for the unexpired portion of the term.
[1]
Editor's Note: See 53 P.S. §§ 10903(b) and 10906(b), respectively.
B. 
Organization of Board. The Board shall elect officers, conduct hearings and take actions as permitted by Article IX of the MPC.[2] The Board may make rules and forms for its procedures consistent with state law.
[2]
Editor's Note: See 53 P.S. § 10901 et seq.
C. 
Functions of the Board. The Zoning Hearing Board shall be responsible for the following:
(1) 
To hear and decide appeals with regard to the actions of the Zoning Officer.
(2) 
To hear and decide any requests with regard to fact or provision of this chapter.
(3) 
To hear and decide all requests for variances.
(4) 
To hear and decide all requests with regard to special exceptions in accordance with the provisions of this chapter.
(5) 
To hear and decide challenges to the validity of this chapter or the Zoning Map which are within the jurisdiction of this Board.
(6) 
To prepare and submit a summary of its activities annually to the Township Board of Supervisors.
(7) 
To perform other such duties as may be provided or made necessary by this chapter or the MPC, as amended.
(8) 
To interpret zoning boundaries.
(9) 
To hold hearings after proper notice.
D. 
Referral to the Planning Commission. A copy of all Zoning Hearing Board appeals shall be referred to the Township Planning Commission for review and comment. The Planning Commission shall report back to the Zoning Hearing Board, in writing, within 30 days if it has any review comments.
E. 
Decisions of the Board. All findings and decisions of the Board shall be made in writing within 45 days after the last hearing before the Board.
F. 
Records. The Board shall keep a full public record, summary of facts and adequate records of its findings and decisions in cases within its jurisdiction.
G. 
Notice of hearings. The notice of hearings of the Board shall be given to the public, the applicant, the Township Board of Supervisors, the Zoning Officer, the Chairperson of the Township Planning Commission, contiguous property owners and any other individual who has made a timely request for such notice. These notices shall be in accordance with the definition of "public notice" in the MPC.[3]
(1) 
Additionally, written notice shall be placed conspicuously on the affected tract of land for at least a week prior to the hearing.
(2) 
The notice to the applicant, adjoining property owners and all other notices shall be sent by ordinary mail at least 14 days prior to the scheduled hearing.
(3) 
The applicant shall send a copy of the hearing notice to all adjoining property owners and property owners within 200 feet of the boundary line of the property that is the subject of any zoning application. A list of names and addresses with proof of mailing shall be supplied by the appellant to the Board.
[3]
Editor's Note: See 53 P.S. § 10107.
H. 
Persons with disabilities. After the Zoning Officer receives a complete written application, the Zoning Hearing Board shall grant a special exception allowing modifications to specific requirements of this chapter that the applicant proves to the satisfaction of the Zoning Hearing Board are necessary to provide a reasonable accommodation under the Americans with Disabilities Act[4] and/or the Federal Fair Housing Act[5] and/or applicable state law, as amended, to serve persons who the applicant proves have disabilities, as defined in and protected by such laws.
[4]
Editor's Note: See 42 U.S.C. § 12101 et seq.
[5]
Editor's Note: See 42 U.S.C. § 3601 et seq.
I. 
Expiration of decisions by the Zoning Hearing Board. Unless otherwise specified by the Board, any decision of the Board shall expire 18 months from the date of authorization if the applicant fails to obtain a zoning permit. Likewise, any decision of the Board shall expire five years from the date of authorization if the applicant fails to obtain building permits or subdivision/land development approvals.

§ 450-10 Variances.

A. 
Standards. The Zoning Hearing Board shall hear requests for variances to specific requirements of this chapter, after the submittal of a proper written application. The Board may grant a variance where the applicant proves to the Board that the following findings, where relevant, occur:
(1) 
Unique physical circumstances or conditions, including irregularity, narrowness, shallowness of lot size or exceptional shape, topography or other physical conditions peculiar to the property, exist with regard to the appellant's property.
(2) 
The physical condition of the property allows no reasonable method of development in strict conformity to this chapter.
(3) 
The unnecessary hardship because of the physical nature of the property was not created by the appellant.
(4) 
The variance, if granted, will not alter the essential nature of the vicinity in which the property is located nor will it substantially or permanently impair the use or development of adjacent property. Also, the granted variance will not be detrimental to public welfare.
(5) 
The variance, if granted, represents the minimum variance which will afford relief and represents the least modification of the regulations in issue.
B. 
Conditions. The Zoning Hearing 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 MPC, as amended.

§ 450-11 Special exception uses.

A. 
Purpose. The special exception process is designed to allow careful review of uses that have some potential of conflicts with adjacent uses or areas. If approved, a special exception use becomes a use by right on said property.
B. 
Special exception procedure.
(1) 
Applications shall be made as provided in § 450-7.
(2) 
The Zoning Officer should provide a review to the Board regarding the compliance of the application with this chapter.
(3) 
The Board shall follow the procedures provided in § 450-9 and this section.
C. 
Approval of special exception uses. The Zoning Hearing Board shall approve a proposed special exception use if the Board finds adequate evidence that any proposed use will comply with specific requirements of this chapter and all of the following standards:
(1) 
Other laws. The use will not clearly be in conflict with other Township ordinances or state or federal laws or regulations known to the Board.
(2) 
Traffic. The applicant shall show that the use will not result in or substantially add to a significant traffic hazard or significant traffic congestion.
(3) 
Safety. The applicant shall show that the use will not create a significant hazard to the public health and safety, such as fire, toxic or explosive hazards.
(4) 
Stormwater management. The development will follow adequate, professionally accepted engineering methods to manage stormwater. Stormwater shall not be criteria of a decision under this chapter if the application clearly would be subject to a separate engineering review and an approval of stormwater management under another ordinance.
(5) 
Neighborhood. The use will not significantly negatively affect the desirable character of an existing residential neighborhood, such as causing substantial amounts of heavy truck traffic to travel through a residential neighborhood, or a significant odor or noise nuisance or very late night/early morning hours of operation.
(6) 
Site planning. The development will involve adequate site design methods, including plant screening, berms, site layout and setbacks as needed to avoid significant negative impacts on adjacent uses.
D. 
Plan requirements. In addition to any plan informational requirements for specific land uses identified in this chapter, a special exception application shall be accompanied by a scaled drawing of the site with sufficient detail and accuracy to demonstrate compliance with all applicable provisions of § 450-95, Site plan requirements, of this chapter.
E. 
Conditions. In granting a special exception, the Board may require such reasonable conditions and safeguards (in addition to those expressed in this chapter) as it determines are necessary to implement the purposes of this chapter. Conditions imposed by the Zoning Hearing Board shall automatically become conditions of the zoning/building permit issued pursuant thereto, and any failure to comply with said conditions shall be a violation of this chapter.

§ 450-12 Conditional uses.

A. 
Standards. The Township Board of Supervisors shall consider the same standards for a conditional use as would be considered by the Zoning Hearing Board for a special exception use, as listed in § 450-11, in addition to all other applicable standards. If approved, a conditional use becomes a use by right on said property.
B. 
Decision.
(1) 
The Township Board of Supervisors shall render a written decision, or, when no decision is called for, make written findings on the conditional use application within 45 days after the last hearing before the Board.
(2) 
Where the application is contested or denied, each decision shall be accompanied by findings of fact or conclusions based thereon, together with any reasons therefor; conclusions based on any provisions of the MPC or of any ordinance, rule or regulation shall contain a reference to the provision relied upon and the reasons why the conclusion is deemed appropriate in the light of the facts found.
(3) 
Deemed decision. Where the Township Board of Supervisors fails to make a decision within the time period required above, or fails to hold the required hearing within the time period required by state law, the decision shall be deemed to have been rendered in favor of the applicant, unless the applicant has agreed, in writing or on the record, to an extension of time.
(a) 
When a decision has been rendered in favor of the applicant because of the failure of the Township Board of Supervisors to meet or render a decision as required, the Township Board of Supervisors shall give public notice of the decision within 10 days from the last day it could have met to render a decision in the same manner as required by the public notice requirements of the MPC.
(b) 
If the Township Board of Supervisors shall fail to provide such notice, the applicant may do so.
(4) 
A copy of the final decision, or, where no decision is called for, of the findings, shall be delivered to the applicant personally or mailed to the applicant no later than the day following its date.

§ 450-13 Amendments.

A. 
Process. The Township Board of Supervisors may amend, supplement, change, modify or repeal this chapter, including the Zoning Map. Before voting on such action, the Township Board of Supervisors shall hold a public hearing thereon, pursuant to public notice, and pursuant to mailed notice and electronic notice if applicable per 53 P.S. § 10109, and other requirements of the MPC.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
Curative amendment. Any landowner or the Township itself may prepare and propose a curative amendment for consideration by the Township Board of Supervisors in accordance with the MPC.
C. 
Planning Commission review. In the case of an amendment other than one prepared by the Planning Commission, the Township Board of Supervisors shall submit each amendment to the Planning Commission at least 30 days prior to the public hearing with regard to the proposed amendment. In all cases, the Township Board of Supervisors shall also submit the proposed amendment to the County Planning Commission at least 30 days prior to the public hearing. These submittals will provide each Planning Commission an opportunity to provide recommendations.
D. 
Changes after hearing. If after any public hearing with regard to an amendment the proposed amendment is changed substantially or is further revised to include land not previously affected by the amendment, then the Township Board of Supervisors shall hold another public hearing following proper notice before voting on the amendment. At all public hearings, full but reasonable opportunity to be heard shall be given to any citizen and all interested parties.
E. 
Copy to county. Within 30 days after enactment, a copy of the amendment shall be forwarded to the County Planning Commission.

§ 450-14 Enforcement; violations and penalties.

A. 
Cause of action. The Township Board of Supervisors, authorized agents of the Township Board of Supervisors, landowners and tenants may take actions according to the provisions of the MPC in order to prevent and correct violations of this chapter. The Township Board of Supervisors or its agents may take action anytime following discovery of the violation. However, landowners and tenants must serve notice to the Township Board of Supervisors 30 days prior to taking any action.
B. 
Enforcement. Enforcement of this chapter shall occur as provided in the MPC. All applicable provisions of such state law, as amended, are hereby incorporated by reference.
(1) 
Any person, partnership or corporation who or which has violated the provisions of this chapter shall be liable for penalties as specified in this chapter and the MPC.
(2) 
Prior zoning enforcement activities of the Township and its agents shall not be adversely affected by the enactment of this chapter.
(3) 
Prior to beginning formal enforcement proceedings, the Zoning Officer may (at his/her option) informally:
(a) 
Notify a person that a violation of this chapter may be occurring;
(b) 
Request compliance with this chapter; and/or
(c) 
Request additional information or the opportunity to inspect the property to determine whether a violation is occurring.
(4) 
Enforcement notice. If the Township has reason to believe that a violation of this chapter has occurred, the Township shall begin enforcement proceedings by sending a formal written enforcement notice. This enforcement notice shall be sent to the owner of record of the parcel on which the violation occurred, to any person who has filed a written request to receive enforcement notices regarding the parcel and to any other person designated, in writing, by the owner. The enforcement notice shall include at least the following:
(a) 
The name of the owner of record and any other person against whom the Township intends to take action.
(b) 
The location of the property in question.
(c) 
The specific violation with a description of requirements which have not been met, with a reference to the applicable section of this chapter.
(d) 
The date before which compliance must be commenced and the date before which the steps of compliance must be completed.
(e) 
The statement that the recipient has the right to appeal to the Zoning Hearing Board within a period of 30 days of receipt of the notice by filing a written application and paying fees to the Township.
(f) 
The statement that failure to comply with the enforcement notice within the time specified constitutes a violation, with the penalties and sanctions clearly described. An appeal to the Zoning Hearing Board may extend the time to comply with the enforcement notice.
(5) 
If activity occurs that violates this chapter, the Zoning Officer, with approval of the Township Board of Supervisors, may institute civil action to stop such unlawful activity and to require the violator to respond within 30 days. The Zoning Officer or his/her designee may also act to prevent occupancy of the structure or land and to prevent any illegal act on the affected premises.
(6) 
Penalties. Any person, partnership or corporation who or which violates the provisions of this chapter, or permits the violation of this chapter to occur on his/her property, shall, upon being found liable in a civil enforcement proceeding, pay a judgment of not more than $500, plus all court costs, including reasonable attorney fees incurred by the Township as a result thereof.
(a) 
No judgment shall commence or be imposed, levied or be payable until the date of the determination of the violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Township shall enforce the judgment pursuant to the applicable rules of civil procedure.
(b) 
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 a Magisterial District Judge, and, thereafter, each day that a violation continues shall constitute a separate violation.
(c) 
All judgments, costs and reasonable attorney fees collected for the violation of this chapter shall be paid over to the Township.
(7) 
In any appeal of an enforcement notice to the Zoning Hearing Board, the Township shall have the responsibility of presenting its evidence first.
(8) 
Any hearing fee paid by a party to appeal an enforcement notice to the Zoning Hearing Board shall be returned to the appealing party by the Township if the Zoning Hearing Board, or any court in a subsequent appeal, rules in the appealing party's favor.
C. 
Habitual offender clause. Offenders of these zoning regulations who have been served enforcement action by the Township at least two times for the same offense shall be considered habitual offenders. Habitual offenders shall be subject to triple (three times) the penalties for violating said regulations.

§ 450-15 Appeals.

A. 
Appeals to the Zoning Hearing Board of an action of the Zoning Officer must be filed no later than 30 days after the date of notification by the Zoning Officer to the appellant. The appeal must be in accord with the provisions of this chapter and the MPC.
B. 
Appeals to court of an action of the Zoning Hearing Board or Township Board of Supervisors shall be filed a maximum of 30 days after the date a written decision is issued, in accordance with the MPC.
C. 
If any person, other than the Township, brings legal action because of alleged violations of this chapter, the plaintiff must serve a copy of the complaint to the Township Board of Supervisors counsel at least 30 days before the action is begun.

§ 450-16 Filing fees.

A. 
No zoning permit or hearing application shall be accepted unless the proper filing fee has been paid.
B. 
A schedule of filing fees shall be established by a separate resolution of the Township Board of Supervisors. All fees shall be transmitted to the Township's general fund. Accurate records shall be made of all payments.