Skippack Township City Zoning Code
ARTICLE XI
Administration; Enforcement; Penalty
§ 200-135 Authority of Zoning Officer.
This chapter shall be administered and enforced by the Zoning Officer with appropriate assistance as required. The Zoning Officer shall be appointed as provided in the PA MPC by the Board of Supervisors.
§ 200-136 Duties of Zoning Officer.
The Zoning Officer shall function within the parameters of the law as stated in the PA MPC and shall have the following duties.
A.
Maintain a record of all plans and applications for permits and all permits issued, with notations as to special conditions attached thereto;
B.
To receive and examine all applications for permits;
C.
To issue permits for construction and uses which are in accordance with the provisions of this chapter;
D.
To revoke, by order, a permit issued under a mistake of fact or contrary to law or the provisions of this chapter;
E.
To make such reports as the Board of Supervisors shall require;
F.
To issue permits for construction and uses which are special exceptions or variances to the provisions of this chapter only upon order of the Zoning Hearing Board;
G.
To require that all lots shall have corner stakes set by a registered surveyor, and that the application for a zoning permit and the accompanying plot plan, shall contain all the information necessary to enable him or her to ascertain whether the proposed use, building, construction or alteration complies with the provisions of this chapter. No zoning permit shall be issued unless the Zoning Officer certifies that the proposed use, building, construction, or alteration complies with the provisions of this chapter;
H.
To enforce the provisions of this chapter and to issue violation notices;
I.
To issue certificates of nonconformity; and
J.
To perform such other administrative tasks as may be assigned by the Board of Supervisors.
§ 200-137 Certificates of use, occupancy and compliance.
A.
No use of vacant land, other than agricultural use, shall be made, nor shall any building or structure hereafter constructed, erected or structurally altered be occupied or used, nor shall any existing use of a building, structure or land be changed until a building permit and/or a certificate of use, occupancy and compliance has been issued by the Zoning Officer.
[Amended 2-13-2013 by Ord. No. 339]
B.
When a building permit is required for the construction, erection or structural alteration of any building or structure, an application for a certificate of use, occupancy and compliance shall be made simultaneously with the application for the building permit. The applicant shall notify the Zoning Officer of the date on which such construction, erection or structural alteration shall have been completed in conformity with the provisions of this chapter, and the Zoning Officer shall examine the building or structure involved within 10 days of the completion thereof. If the Zoning Officer shall find that such construction, erection or structural alteration has been completed in accordance with the provisions of this chapter, a certificate of use, occupancy and compliance shall be issued.
[Amended 2-13-2013 by Ord. No. 339]
C.
In the event that any existing use of a building, structure or land is to be changed, an application for a certificate of use, occupancy and compliance shall be made prior to the change of such use. The Zoning Officer shall make such examination and investigation as is necessary to determine whether the proposed change in use shall be in compliance with this chapter within 10 days of the application therefor, and, if such proposed use shall be found to be in accordance with the provisions of this chapter, a certificate of use, occupancy and compliance shall be issued.
D.
A certificate of use, occupancy and compliance issued under this section shall state that the building, structure or land complies with the provisions of this chapter.
§ 200-138 Temporary certificate of use, occupancy or compliance.
The Zoning Officer may issue a temporary certificate of use, occupancy or compliance which may permit the use or occupancy of a building or structure during structural alteration thereof or may permit the partial use or occupancy of a building or structure during its construction or erection; provided, however, that such a temporary certificate of use, occupancy or compliance shall be valid only for a period not exceeding 90 days from its issuance, and shall be subject to such restrictions and provisions as may be deemed necessary by the Zoning Officer to adequately ensure the safety of persons using or occupying the building, structure or land involved. Application for such a temporary certificate of use, occupancy and compliance shall be made in the same manner as for a certificate of use, occupancy and compliance, and the application for or issuance of such a temporary certificate of use, occupancy or compliance shall in no way affect the obligation to apply for and obtain a certificate of use, occupancy and compliance.
§ 200-139 Application forms.
A.
All applications for certificates of use, occupancy and compliance shall be made on printed forms to be furnished by the Zoning Officer and shall contain accurate information as to the size of and location of the lot; the size and location of the buildings or structures on the lot; the dimensions of all yards and open spaces; and such other information as may be required by the Zoning Officer as necessary to provide for the enforcement of this chapter.
B.
No building permit or other permit for grading, excavation or for the erection, construction, repair or alteration of a building or structure shall be issued before application has been made for a certificate of use, occupancy and compliance.
§ 200-140 Life of permit.
Every permit issued shall be good only for the period of six months from its date, unless it is exercised or used within said period and unless, once commenced, it is continually exercised or used. If work ceases for a period of six months, unless such cessation is for cause, the permit shall expire.
§ 200-141 Schedule of fees.
A.
The Board of Supervisors shall determine a schedule of fees, charges and expenses, as well as a collection procedure for permits, variances, special exceptions, conditional uses, amendments and other matters pertaining to this chapter. Said schedule of fees shall be posted in the offices of the Township Secretary and the Zoning Officer.
B.
The Board of Supervisors shall be empowered to reevaluate the fee schedule from time to time 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 by resolution.
C.
All fees collected thereunder shall be paid into the Township Treasury.
§ 200-142 Investigation of violations.
The Zoning Officer shall take cognizance of a violation of any of the provisions of this chapter. He or she shall investigate each violation that comes to his or her attention. He or she shall order, in writing, the correction of such conditions as he or she finds to be in violation of any of the provisions of this chapter. Failure to secure all required permits and certificates under this chapter, or under a Zoning Hearing Board order, when required, prior to the erection, construction, extension or addition to a building, shall be a violation of this chapter.
§ 200-143 Notice of violation.
When the Zoning Officer observes an actual or apparent violation, or has reasonable grounds to believe there is a violation, of any provision of this chapter, or a condition imposed as part of any order of the Zoning Hearing Board, or a condition imposed by the Board of Supervisors upon the grant of a conditional use, he or she shall prepare a written notice of violation. This notice may be by citation or may be a notice describing the activity or condition deemed to be a violation and specifying time limits within which the violation shall be corrected. If the Zoning Officer elects to proceed by citation, the citation shall be served as provided by the Pennsylvania Rules of Criminal Procedure. If the Zoning Officer elects to proceed by notice of violation, the written notice of violation shall be served upon the owner, or upon a duly authorized agent of the owner, including a contractor or architect, or upon the occupant or other person responsible for the violation. Such notice of violation shall be served in any of the following ways: by delivering a copy of the same to the person or persons responsible for the violation by United States Postal Service first class mail to the last known post office address; or by delivering and leaving such notice in the possession of any person in charge of the premises where the violation is believed to be occurring; or by affixing a copy of such notice in a conspicuous place at the entrance door or avenue of access of the premises where the violation is believed to be occurring; and such procedure shall be deemed the equivalent of personal notice.
§ 200-144 Violations and penalties; equitable remedies.
A.
For a violation of any of the provisions of this chapter, or of any condition imposed by an order of the Zoning Hearing Board, or of any condition imposed by the Board of Supervisors upon the grant of a conditional use, the owner, general agent or contractor of a building or premises where such violation has existed or exists, and /or the lessee or tenant of an entire building or premises in which part such violation has been committed or exists, and/or the general agent, architect, building contractor or any other person who knowingly commits, takes part in or assists in any such violation, or who maintains any building or premises in which any such violation exists, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, shall pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees, incurred by the Township as a result thereof. The parties authorized under the statute may utilize all remedies authorized by the PA MPC.
B.
If any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, if any building, structure or land is used or if any hedge, tree, shrub or other growth is maintained in violation of any of the provisions of this chapter or of any regulations made pursuant hereto, in addition to other remedies provided by law, any appropriate action or proceedings by authorized legal process may be instituted or taken to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use; to restrain, correct or abate such violation; to prevent the occupancy of such building, structure or land; or to prevent any illegal act, conduct, business or use in or about such premises.