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Neville Township City Zoning Code

ARTICLE XIV

Administration and Enforcement

§ 340-82 Purpose.

It is the purpose of this section to prescribe the procedure by which the administration of this chapter shall take place. Nothing contained within this shall be interpreted as limiting the adoption of administrative regulations which do not supersede the procedures outlined in this article.

§ 340-83 Administration.

A. 
The duty of administering and enforcing the provisions of this section is hereby conferred upon the Zoning Officer, who shall have such powers as are conferred upon him/her by this chapter.
B. 
The Zoning Officer shall meet qualifications established by the Township and shall be able to demonstrate, to the satisfaction of the Board of Commissioners, a working knowledge of municipal zoning. He/she shall be appointed by Board of Commissioners and shall hold no other elective office in the Township.
C. 
The Zoning Officer shall administer and enforce this chapter in accordance with its literal terms and shall not have the power to permit construction or any use or change of use which does not conform to this chapter.
D. 
The duties of the Zoning Officer shall be:
(1) 
To examine all applications for permits, and make inspections of sites where construction has been permitted;
(2) 
To issue permits only for construction and uses which comply with the requirements of this chapter, its amendments and other applicable regulations within the Township, including the current building code;
(3) 
To record and file, in the Township office, all applications for permits and accompanying plans;
(4) 
To administer the current Township zoning and subdivision and land development ordinances, to issue all necessary stop-work orders and notices of violation;
(5) 
Upon request by the Planning Commission or Zoning Hearing Board, present such facts, records and other information on specific requests to assist such body in its decisionmaking;
(6) 
To represent the Township before the Zoning Hearing Board and in hearings where a variance has been requested from this chapter.

§ 340-84 Notification of violation.

Any apparent violation of this chapter which is observed by the Zoning Officer, or any other Township official, shall cause such official to initiate the following proceedings:
A. 
The Zoning Officer shall notify, in writing, by certified mail, the person(s) responsible for such violation, indicating the nature of the violation and order the action necessary to correct it. The Zoning Officer shall order discontinuance of illegal use of land, building or structure; removal of illegal buildings or structures, or of additions, alterations or structural changes thereto; discontinuance of illegal work being done, or shall take any other action authorized by this chapter to insure compliance with, or prevent violation of, its provisions.
B. 
Notice of violation shall be given in writing, by certified mail and shall require abatement of the violation within a time period specified in the notice. Such time period will begin on the day of receipt of said notice. In cases of emergency involving the health, safety, and welfare of any person or the public, immediate correction or abatement of the violation may be imposed.
C. 
The notice of violation shall contain the following information:
(1) 
The name(s) of the owner of record and any other person against whom the Township intends to take action;
(2) 
The location of the property in violation;
(3) 
The specific violation, with a description of the requirements which have not been met, citing in each instance the applicable provisions of this chapter;
(4) 
The date before which the steps for compliance must be commenced, and the date before which such steps must be completed;
(5) 
That the recipient of the notice has the right to appeal to the Zoning Hearing Board within a prescribed period of time, in accordance with procedures set forth in this chapter.
(6) 
Failure to comply with the notice in the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation, with possible sanctions clearly described.

§ 340-85 Enforcement.

A. 
This chapter shall be enforced by the Zoning Officer. No permit of any kind, as provided for in this chapter, shall be granted by him/her for any purpose except in compliance with the provisions of this chapter, or a decision of the Zoning Hearing Board or of the court.
B. 
Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint, stating fully the causes and basis thereof, shall be filed with the Zoning Officer. He/she shall record each complaint that is properly submitted, immediately investigate and take action thereon, as provided by this chapter.

§ 340-86 Violations and penalties.

A. 
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 Township, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or be 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 Township 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. All judgments, costs and reasonable attorneys' fees collected for the violation of this chapter shall be paid over to the Township.
B. 
The 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.
C. 
Nothing contained in this section shall be construed or interpreted to grant to any person or entity, other than the Township, the right to commence any action for enforcement pursuant to this section.

§ 340-87 Building permits.

A. 
No building or other structure shall be erected, moved, extended, expanded, structurally altered, razed or removed without a building permit having been issued by the Zoning Officer of the Township of Neville.
B. 
No building permit shall be issued by the Zoning Officer, except for single-family residential structures and fences, without review and recommendation by the Planning Commission and approval by the Township Board of Commissioners. Any building permit issued which does not comply with these requirements is unlawful and shall be null and void.
C. 
In cases where other approvals are necessary, such as conditional use, variance or land development reviews, the building permit shall not be issued until approval for the conditional use, variance or land development plan has been rendered.
D. 
All work described in the approved building permit application shall be completed within 12 months from the date of issuance, or such building permit shall expire and be canceled by the Zoning Officer. Such cancellation notice shall be provided, in writing, to the applicant within three days of cancellation. Extension of the building permit for not more then six months may be granted by the Zoning Officer after written request by the applicant at least 30 days prior to expiration of the building permit and approval by the Board of Commissioners should circumstances not created by the applicant arise which prevent the completion of the approved activities.
E. 
Any building permit may be revoked and withdrawn by the Zoning Officer if he finds that its permit holder has failed to comply with the conditions included in the issuance of the permit.
F. 
Building permits shall not be required for painting or masonry repainting; reroofing and residing; repaving existing driveways, patios, or courts; replacing windows or doors, with no change of dimensions; or interior alterations when no structural changes are proposed and the use of the building/structure is not changed.
G. 
A temporary building permit shall be required for any mobile, modular or manufactured home or building used for office, storage or security activities on a construction site, as per the provisions of § 340-62.
H. 
Failure to obtain a building permit for required activities identified in this section shall be a violation of this chapter and be subject to enforcement activities in this section.

§ 340-88 Permit application.

A. 
Applications for building permits shall be made in writing, on forms furnished by the Township office.
B. 
The building permit application shall not be considered complete until all required information has been submitted, in duplicate, as follows:
(1) 
Description of the proposed use.
(2) 
A plot plan of the lot showing the location and dimensions of all present and proposed buildings, drives, parking areas, utilities and other required improvements, on the lot. For all non-single-family residential applications, the plan shall also indicate all buildings, streets, alleys, highways, utilities and required improvements within 50 feet of the property line.
(3) 
Architectural plans for any proposed structures, improvements or signs.
(4) 
Any other data, evidence or statements that may be required by the Zoning Officer to assist in making a determination.
(5) 
Any other Township approvals as may be required, including, but not limited to, land development plan, conditional use, variance, and water and sewer connection.
C. 
The application shall be accompanied by the appropriate fee as established by the Township Board of Commissioners.
D. 
The Zoning Officer shall examine the application and determine its completeness. If incomplete, the application shall be returned to the applicant with the deficiencies identified in writing.
E. 
When the application is complete, the Zoning Officer shall review the application for compliance with this chapter, Chapter 290, Subdivision and Land Development, other applicable ordinances and the Building Code requirements. If the Zoning Officer determines that the building, as proposed, violates the requirements of this chapter, the applicant shall be notified, in writing. The applicant may petition the Zoning Hearing Board for a variance. A variance for a specific deviation shall not exempt the remainder of the application from the appropriate review and approval process.
F. 
Where the applicant chooses to retain the deviations or continue the omissions in the application as noted, the Zoning Officer shall submit the application to the Planning Commission, with his/her review, in writing, for review and recommendation to the Township Commissioners.

§ 340-89 Certificate of occupancy.

A. 
A certification of occupancy shall be required prior to the use/occupancy of the following:
(1) 
Any new use.
(2) 
Expansion of existing use.
(3) 
Change of existing use.
(4) 
Change of owner/owners.
(5) 
Change of tenant/occupant.
B. 
It shall be unlawful to use, occupy or permit the use or occupancy of any building, land, premises or part thereof, or change the use, owner, tenant or occupant of a building, land or premises until a certificate of occupancy has been issued by the Zoning Officer or duly appointed Township official. In the case of multiple tenants, a certificate of occupancy shall be required for each tenant prior to occupancy.
C. 
In order to meet the conditions for the certificate of occupancy, the following inspections must be conducted by the Zoning Officer:
(1) 
An inspection of water meters to ensure that each meter is connected in a valid manner to the Township of Neville water supply, inspection to be conducted by the Township of Neville Public Works Department;
(2) 
An inspection and/or dye test of the sewer lines to ensure that each sewer line is connected in a valid manner to the Township of Neville sewer system, inspection to be conducted by the Township of Neville Public Works Department;
(3) 
The Zoning Officer shall inspect any other utility or water line to ensure compliance with all laws and regulations of the Township of Neville;
(4) 
The Zoning Officer shall examine the application and determine its completeness. If incomplete, the application shall be returned to the applicant with the deficiencies identified in writing. If it is determined that any water or sewer lines are improperly connected to the Township of Neville water distribution or sanitary sewer systems, it shall be the responsibility of the applicant to remedy said situation prior to the issuance of the certificate of occupancy.
D. 
Every application for a building permit shall be deemed an application for a certificate of occupancy.
(1) 
The applicant, in all cases, shall be the owner or duly authorized representative.
(2) 
A building permit application, including application for certificate of occupancy, shall not be considered complete until proof that the Zoning Officer has inspected water lines, sewer lines, water meters, and any other utilities that connect to the public utilities of the Township of Neville has been submitted to the Zoning Officer.
E. 
Where a certificate of occupancy is requested for any nonresidential use, and no building permit is required, it shall not be issued by the Zoning Officer without review and recommendation by the Township of Neville Fire Marshal or Fire Chief, the Township Engineer, Planning Commission and approval of the Township Board of Commissioners.
(1) 
Such review and approval or denial shall be made within 45 days of receipt of a completed application.
(2) 
Required information shall be consistent with the provisions of this section.
F. 
Inspection.
(1) 
The applicant shall notify the Zoning Officer of the completion of the work proposed in the application for a building permit or the date upon which a change of ownership, use or tenant/occupant shall take place.
(2) 
The Zoning Officer shall complete an inspection of the property for which application was made to determine compliance with this chapter, other applicable ordinances and the building and fire codes within 30 days of such notification.
G. 
Issuance of certificate.
(1) 
If, upon completion of inspection of the work proposed, or the request for change of use, ownership or tenant/occupant, the Zoning Officer finds that all requirements of this chapter, other applicable ordinances and the building and fire codes, have been addressed, a certificate of occupancy shall be issued.
(2) 
If, upon completion of the inspection, the Zoning Officer shall find a violation of the requirements of this chapter, other applicable ordinances or the building and/or fire code, he shall not issue a certificate and shall notify the applicant, in writing, the reason(s) why such certificate cannot be issued.
(3) 
Appeals from the determination of the Zoning Officer shall be heard by the Zoning Hearing Board.
H. 
It shall be a violation of this chapter for a structure to be occupied without a certificate of occupancy first having been issued. The penalties of § 340-86 shall apply to any developer, builder or homeowner who allows such violations.

§ 340-90 Special events.

A. 
If such event is intended to occur on an annual or seasonal basis, it shall be required to obtain approval for each occurrence as a temporary use from the Zoning Officer.
B. 
If such event uses any Township services, including but not limited to road closures and public safety enforcement, approval shall be obtained from the Board of Commissioners.

§ 340-91 Determination of fees.

A. 
The Board of Commissioners shall determine a schedule of fees, charges and expenses, as well as a collection process for variances, conditional use reviews, nonresidential site plan reviews, amendments and other matter pertaining to this chapter. Said schedule of fees shall be posted in the Township Office.
B. 
The Board of Commissioners shall be empowered to reevaluate the fee schedule and make necessary alterations to it. Such alterations shall not be considered an amendment to this chapter and may be adopted at any public meeting of the Board.
C. 
All such fees shall be paid into the Township of Neville general fund.

§ 340-92 Penalties.

A. 
The penalty provisions of § 340-86 shall dictate.
B. 
Should a violation of this chapter occur after the issuance of the certificate of occupancy, the Zoning Officer may revoke such certificate, followed by the issuance of a notice of eviction, or may pursue any and all remedies available to the Township of Neville.