Hereafter no land shall be used or occupied, and no building or structure shall be erected, altered, used or occupied except in conformity with the regulations herein established for the districts in which such land, building or structure is located, as well as all other applicable statutes.

In case of mixed occupancy within the same building or on the same lot, the regulations for each use shall apply to that portion of the building or land so used.

To examine all applications for permits required by this chapter.

To issue permits only for construction and uses which are in accordance with the regulations of this chapter and as may be amended.

To record and file all applications for permits and accompanying plans and documents and keep them for public record.

To issue permits for uses by special exception and variances only after such uses are ordered by the Zoning Hearing Board in accordance with the regulations of this chapter, or Court of Appeals, subject to any stipulations contained in such order.

To inspect nonconforming uses, buildings and lots and to keep a filed record of such nonconforming uses and buildings as a public record and to examine them periodically.

Upon the request of the Board of Supervisors or the Zoning Hearing Board, present to such bodies facts, records, and any similar information on specific requests to assist such bodies in reaching its decision.

To be responsible for maintaining an up-to-date copy of this chapter and the Zoning Map, filed with the Township Secretary and to include any amendments thereto.

To be responsible for the administration of the National Flood Insurance Program in North Coventry Township and specifically in those areas where records must be maintained relative to the types of land use permitted and occurring within the floodplain district, variances issued, base flood elevations, elevation of lowest floor, including basement, the elevation to which the structure is floodproofed and other administrative functions necessary for participation in the National Flood Insurance Program.

To notify in riverine situations, adjacent communities and the State Department of Environmental Protection prior to any alteration or relocation of a watercourse, and submit copies of such notifications to the Township Manager.

To assure the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained.

To be responsible for applicable provisions included in all other codes, ordinances and regulations that are applied insofar as they are consistent with the Township need to minimize the hazard and damage which may result from flooding.

To process all applications for special exceptions and variances and present them to the Zoning Hearing Board.

In the event that any building, structure, landscaping, sign, or land, is or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained or used in violation of any ordinance enacted under this act or prior enabling laws, the Board of Supervisors, or with the approval of the Board of Supervisors, an officer of the Township or any aggrieved owner or tenant of real property who shows that his property or person will be substantially affected by the alleged violation, in addition to other remedies, may institute any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure, landscaping or land, or to prevent in or about such premises, any act, conduct, business or use constituting a violation. When any such action is instituted by a landowner or tenant, notice of that action shall be served upon the municipality at least 30 days prior to the time the action is begun by serving a copy of the complaint on the Board of Supervisors. No such action may be maintained until such notice has been given.

Enforcement proceedings shall commence when it appears that a violation of any provisions of this Zoning Chapter occurs. Written notice of a violation is to be served by the Zoning Officer or duly authorized representative of the Zoning Officer on the owner, agent, occupant, contractor and/or builder responsible for the violation. Upon receipt of such notice, discontinuance of the violation shall occur immediately. Enforcement proceeding shall be initiated as follows:

The Magisterial District Judge shall have initial jurisdiction for all proceedings brought under this section.

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 thereof 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. 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 fails to pay or to appeal the judgment in a timely manner, the Township may enforce the judgment pursuant to applicable rules of civil procedure. Each date 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 the 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 attorney fees collected for violating this chapter shall be paid to the Township.

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

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

Application for permits shall be made in writing on an appropriate form to the Zoning Officer and shall contain all information necessary for such officer to ascertain whether the proposed use of land or improvement under the application complies with the provisions of this chapter and all other existing statutes.

Applications for permits required under this chapter may be submitted by an owner or a designated representative thereof; however, responsibility for obtaining any required permit and compliance with existing statutes, shall rest with the property owner.

No permit shall be issued except in conformity with the regulations of this chapter, and other existing statutes, except after written order from the Zoning Hearing Board or the Courts. Any permits issued on written order of the Zoning Hearing Board or a court of competent jurisdiction shall be subject to any stipulation contained in that order.

In all instances in which the Zoning Officer expresses a reasonable doubt as to the ability of a proposed use to meet all the requirements of this chapter, it will be incumbent upon the applicant to furnish adequate evidence in support of this application. If such evidence is not presented, the zoning permit will be denied.

The parcel or parcels of land or buildings or parts of buildings for which an application is being submitted shall be in the ownership of the applicant, or proof of equitable ownership shall be furnished at the time of application.

No application is complete until all the necessary documents have been filed and fees have been paid.

All applicants for permits or certificates shall be given written notice of the status of the application within 30 days, unless otherwise specified.

If the Zoning Officer determines that an application is in compliance with the provisions of this chapter, it shall be his duty to issue the appropriate permit. If he determines that an application is not in compliance with the provisions of this chapter, it shall be his duty to refuse the permit, in which case he shall instruct the applicant in the method of appeal or application to the Zoning Hearing Board, as set forth in Article XVII.

A zoning permit shall be required prior to: a change in use of land or buildings; a change in the principal use or expansion of a nonconforming use; or development within the Floodplain Conservation District. The placing of vacant land under cultivation shall not require a zoning permit. It shall be unlawful to commence any site work or other work requiring a zoning permit until a permit has been properly issued therefor.

Application for permits under this section, along with accompanying plans and data, may be submitted by the Zoning Officer to any appropriate governmental agency, authority or representative for review and comment relative to compliance with existing statutes and the Zoning Officer shall consider those comments in action on the application. All applications shall be accompanied by:

A temporary zoning permit may be authorized by the Zoning Officer for a nonconforming structure or use which it deems beneficial to the public health or general welfare or which it deems necessary to promote the proper development of the community, provided that such nonconforming structure or use shall be completely removed upon expiration of the permit without cost to the Township. Such a permit shall be issued for a specified period of time, not exceeding one year.

A sign permit shall be required prior to the erection or modification of any sign, sign structure or change in location of an existing sign, with the exception of those signs exempted in § 370-102, Exempt signs.

Application shall be made in writing on an appropriate form to the Zoning Officer and shall contain all information necessary for such officer to determine whether the proposed sign, or the proposed alteration, conform to all the requirements of this chapter. All applications for sign permits shall be accompanied by plans or diagrams in duplicate and approximately to scale, showing the information required by § 370-110B. One copy of said plan or diagram shall be returned to applicant, after the Zoning Officer shall have marked such copy either approved or disapproved, and attested to same.

A building permit shall be required prior to the erection or alteration of or addition to, any building or other structure or portion thereof. It shall be unlawful for any person to commence work on the erection or alteration of, or addition to, any building or structure or portion thereof until a building permit has been duly issued therefor, except as provided by special exception.

All applications for building permits shall be accompanied by a plot plan drawn to scale and accurately showing the exact size and location of any buildings or other structures existing on the lot in question or upon abutting land within 50 feet of the side and rear lot lines of such lot, and the lines within which the proposed building or other structure shall be erected or altered. There shall, in addition, be included with all applications such other plans, documents, and information as may be necessary to enable the Zoning Officer to ascertain compliance with this chapter and all other pertinent ordinances.

No building permit shall be issued until the Zoning Officer has certified that the proposed building, structure or alteration complies with the provisions of this chapter and applicable ordinances. Upon approval of an application and the payment of the required fee, as defined by the Board of Supervisors and as may be amended, the Zoning Officer shall issue a building permit which shall be visibly posted on the premises during the entire time the proposed work is being undertaken. Upon completion of the erection, addition to, or alteration or any building, structure or portion thereof authorized by any building permit obtained in compliance with this chapter, and prior to use and occupancy, the holder of such permit shall notify the Zoning Officer of such completion. Use and occupancy shall not be authorized until the Zoning Officer has certified that the work has been inspected and approved as being in conformity with this and other applicable ordinances, and has issued a use and occupancy permit as provided in § 370-137. A building permit shall expire one year from the date of issuance, provided that it may be extended at the discretion of the Zoning Officer for a six-month period where good faith is demonstrated by the applicant.

It shall be unlawful for the applicant, person or other entity to sell, occupy any building or other structure or parcel of land until a use and occupancy permit, if required, has been duly issued therefor. A use and occupancy permit shall be required prior to any of the following activities:

All applications for use and occupancy permits shall be made in writing on forms furnished by the Township and shall include all information necessary to enable the Zoning Officer to ascertain compliance with this chapter.

No use and occupancy permit shall be issued until the Zoning Officer has certified that the proposed use complies with all the provisions of this chapter and any other applicable ordinance.

Issuance.

An application for a conditional use shall be filed with the Township Manager and presented to the Board of Supervisors, and shall state:

The application for a conditional use shall be filed with the Township Manager on such forms as may be prescribed for that purpose, and shall be accompanied by the application fee, prescribed from time to time, by the Board of Supervisors. No application shall be received for filing unless accompanied by the required filing fee. The Secretary shall submit the application to the Township Planning Commission within five days of receipt, and the Planning Commission shall review the application and make a recommendation to the Board of Supervisors within 30 days thereafter.

The Board of Supervisors shall hold a public hearing on the conditional use application in accordance with the following procedures:

In granting or denying a conditional use or establishing conditions with reference to such grants, the Board of Supervisors shall use as a guide in evaluating a proposed conditional use, and may determine to be mandatory, those standards established for review of special exception applications by § 370-149 of this chapter. The burden of establishing compliance with those enumerated standards shall be upon the applicant by a fair preponderance of the credible evidence. The standards required by this subsection shall be deemed a part of the definitional aspect under which a conditional use may be granted, and the failure of the applicant to establish his compliance with all of the standards shall, at the discretion of the Board of Supervisors, be deemed either a basis for the establishing of conditions or limitations on an approval or the basis for a determination that the applicant has not met the requirements for which a conditional use may be granted.

Nothing in this section shall be construed to relieve the applicant for a conditional use approval from obtaining other required approvals mandated by Chapter 320, Subdivision and Land Development, or other applicable ordinances.

Appeals from a determination of the Board of Supervisors pursuant to any application for conditional use shall be only as prescribed within such times permitted by the applicable provisions of the Pennsylvania Municipalities Planning Code.

In granting an application for conditional use, the Board of Supervisors may attach such additional reasonable conditions and safeguards as it deems necessary and appropriate to insure compliance with the provisions of this chapter and to protect the health, safety and general welfare of the community.