Towamencin Township
City Zoning Code
City Zoning Code
ARTICLE II
Administration and Enforcement
§ 153-200 Appointment of Zoning Officer.
For the administration and enforcement of this chapter, a Zoning Officer, who shall not hold any elective office in the Township, shall be appointed. The Zoning Officer shall meet qualifications established by the Board of Supervisors and shall demonstrate to the satisfaction of the Board of Supervisors a working knowledge of municipal land use and zoning.
§ 153-201 Administration of chapter.
The Zoning Officer shall have exclusive jurisdiction in the administration and enforcement of this chapter and shall be empowered thereby to exclusively render land use determinations regarding the application and enforcement of the Zoning Ordinance and any provision therein.
§ 153-202 Powers and duties of Zoning Officer.
A.
The Zoning Officer shall administer the Zoning Ordinance in accordance with its literal terms, and shall not have the power to permit any construction or any use or change of use or occupancy which does not conform to the specific requirements of this chapter.
B.
It shall further be the duty of the Zoning Officer, and he is hereby granted the exclusive power and authority, to:
(1)
Receive and review all applications and plans and issue permits when there is compliance with all of the provisions of this chapter, other Township ordinances and with the laws of the commonwealth. In the case of permit denial, the Zoning Officer shall cite the specific section(s) of noncompliance in a written land use determination and shall specify the appeal process from said determination.
(2)
Review all subdivision and land development plans and issue a written report to the Planning Commission, Zoning Hearing Board, and Board of Supervisors, as the case may be, regarding the plans' conformance or nonconformance with the requirements of this chapter. All provisions of noncompliance shall be cited by chapter section and subsection.
(3)
Enforce the provisions of this chapter by the issuance of enforcement orders or by other means. Such written orders shall be served personally or by certified mail upon the persons, firms, or corporations deemed by the Zoning Officer to be in violation of the terms of this chapter.
(4)
Receive applications for special exceptions, variances and appeals from Zoning Officer determinations and forward these applications and appeals to the Zoning Hearing Board for public notice, hearing and written decision in accordance with this chapter.
(5)
Receive applications for conditional uses and forward said applications to the Board of Supervisors for public notice, hearing and written decision in accordance with this chapter.
(6)
Receive applications for preliminary opinions and render written land use determinations thereof in accordance with this chapter.
(7)
Conduct, or have conducted by his designated representative, investigations and inspections as required to determine compliance or noncompliance with the terms of this chapter.
(8)
Institute civil enforcement proceedings before the District Justice, or other court of competent jurisdiction, as a means of enforcement when acting within the scope of his employment.
(9)
Keep a permanent record of all plans and applications for permits, and all permits issued and denied including any special conditions and/or notations regarding same. All records, excluding ongoing enforcement proceeding, shall be open for public inspection upon appropriate notice to the Zoning Officer.
(10)
Maintain the Official Zoning Map showing the current zoning classifications of all land in the Township.
(11)
Present such additional facts, records, and/or similar information to the Planning Commission, Zoning Hearing Board, or Board of Supervisors upon their request.
§ 153-203 Interpretation of chapter provisions.
In interpreting the language of the Zoning Ordinance to determine the extent of restriction upon the use of property, the Zoning Officer shall interpret said language, where doubt exists as to the intended meaning of the language written and enacted by the Board of Supervisors, in favor of the property owner and against any implied extension of said restriction.
§ 153-204 Permit requirement.
There shall be no change of use of land or a structure or portion thereof, and prior to the change, alteration, or extension of a nonconforming use or structure, or the construction, razing, moving, erection, structural change, alteration of, or addition to, any structure or portion thereof, the grading or earth moving, and/or erection of any stationary sign unless and until a valid permit has been approved by, and acquired from, the Towamencin Township Zoning Officer or his designated representative in conformance with all the regulations and procedures herein specified. Failure to obtain a required permit shall constitute a violation of this chapter as herein provided.
§ 153-205 Permit application.
Applications for permits shall be made in writing by the owner or his duly authorized agent to the Zoning Officer on such forms as may be furnished by the Township. Each application shall contain all information necessary for the Zoning Officer to ascertain whether the proposed erection, alteration, use or change of use and/or occupancy complies with the provisions of this chapter. The Zoning Officer at a minimum may require any or all of the following information to be provided:
A.
The name of the applicant and the owner of record of the property in question along with the property identification by street address and Tax Map, block and unit number.
B.
A statement as to the existing and proposed use of the building and/or land.
C.
A plot plan showing the location, dimensions, and height of existing and proposed buildings and uses including their relationship, orientation and distance to all property and street lines.
D.
The location, size, arrangement, and capacity of all areas to be used for motor vehicle access, off-street parking, off-street loading and unloading, and provisions to be made for lighting such areas as may be required by this chapter.
E.
The location, dimensions, and arrangements of all open spaces, yards, sewage disposal systems, wells, and buffer yards, including methods to be employed for screening as may be required by this chapter.
F.
Provisions to be made for the treatment and disposal of effluent, for an adequate water supply, and storm drainage as may be required by this chapter.
G.
The capacity and arrangement of all buildings used or intended to be used for dwelling and other purposes, including the proposed density in terms of dwelling units per acre.
H.
In the case of grading, as defined by this chapter, a description of the methods to be employed for the control of soil erosion, sedimentation and stormwater runoff, to include:
(1)
A grading plan showing and describing all changes to the site including cuts, fills, first floor elevations, paving, utilities, rights-of-way, easements, the exact location of on-site waste disposal systems, wells and reserved waste disposal system areas, when applicable.
§ 153-206 Fees.
Fees for permits and certificates of use and occupancy shall be paid in accordance with a fee schedule as adopted by resolution of the Board of Supervisors and all such fees shall be paid into the Township Treasury. Each applicant for a permit, certificate, appeal, special exception, variance, conditional use, preliminary opinion, or other requested activity regulated by this chapter shall, at the time of making application, pay a fee in accordance with the aforementioned fee schedule for the cost of administrative and technical review and processing of said application by the Township.
§ 153-207 Issuance of permits.
Permits shall be granted or denied after a complete written application has been filed with the Zoning Officer. All land use activities authorized by the Zoning Officer shall comply with all applicable provisions of this chapter and/or written decision of the Zoning Hearing Board, as the case may be.
§ 153-208 Life of permits.
A.
Any erection, construction, reconstruction, alteration, or moving of a building or other structure including a sign authorized by a permit or decision of the Zoning Hearing Board shall be commenced, and any change in use of a building or land authorized by a permit or decision of the Zoning Hearing Board shall be undertaken, within six months after the date of issuance of the permit or written decision of the Board, provided:
(1)
In the case of a decision of the Zoning Hearing Board, that, prior to the six-month expiration, written request for a time extension is made by the applicant to the Zoning Hearing Board, and that the Zoning Hearing Board may, at its discretion, grant or deny an extension of time to obtain a permit and/or commence the previously authorized activity. Written request for a time extension shall not require a formal application or fee provided that all action taken by the Board regarding said request is conducted in an open public meeting and further provided that the applicant provide, or compensate the Township for, adequate public notice.
(2)
In the case of a permit issued by the Zoning Officer, that prior to the six-month expiration, written request for a time extension is made by the applicant to the Zoning Officer who, at his discretion, may grant or deny an extension of time to commence the previously authorized activity.
(3)
That the extension of time as granted by the Zoning Hearing Board or the Zoning Officer, as the case may be, shall be limited to a period of six months per extension, with a maximum of two extensions permitted per permit or decision of the Board. The applicant may be charged an administrative fee by the Zoning Hearing Board and/or Zoning Officer for said extension.
B.
Upon expiration of the time limits as established in Subsection A herein, a permit or a decision of the Zoning Hearing Board shall become null and void, requiring a new application, fee, hearing, decision and permit as may be required. Upon reapplication, the applicant shall be bound by the zoning regulations in effect at the present time, and shall not have any vested rights in the preexisting ordinances for work elements not yet started under the provision of the original permit.
§ 153-209 Enforcement notice.
In the event that the Zoning Officer determines that a violation of the Zoning Ordinance may exist, the Zoning Officer shall initiate enforcement proceedings by sending an enforcement notice by return receipt certified mail or personal service as herein required. Said notice shall be sent to the owner of record of the real property on which the violation has occurred, to any persons who have filed a written request to receive enforcement notices regarding said property, and to any other person requested to be notified in writing by the owner of record of said premises. All enforcement notices shall, at a minimum, include the following:
A.
The name of the owner of record and any other person against whom the municipality intends to take action;
B.
The location of the property in violation;
C.
The specific violation with a description of the requirements which have not been met, citing in each instances the applicable provisions of the chapter by section and subsection;
D.
The date before which compliance must be attained;
E.
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 herein;
F.
That failure to comply with the notice requirements within 10 days, or as may otherwise be specified therein, unless stayed by appeal to the Zoning Hearing Board, shall constitute a violation, with possible sanctions as set forth in the notice and in accordance with this chapter.
§ 153-210 Enforcement jurisdiction.
The District Justice or other court of competent jurisdiction shall have jurisdiction over proceedings brought in enforcement of this chapter.
§ 153-211 Violations and penalties.
Any person, partnership, firm or corporation who or which has violated or permitted the violation of any provision of this chapter, or who fails to comply with any requirement, order or directive of the Zoning Officer, or of a permit or certificate issued under provision of this chapter, shall be subject to fines and penalties of not more than $500, plus all court costs, including reasonable attorney fees incurred by the municipality as a result thereof, which fines and penalties may be collected by suit or summary proceeding brought in the name of the Township of Towamencin, providing no judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the District Justice or other court of competent jurisdiction. Proceedings for the violation of the chapter and for the collection of fines and penalties imposed thereby may be commenced by warrant, or by summons, at the discretion of the District Justice or other court of competent jurisdiction before whom the proceeding is begun. If the defendant neither pays nor timely appeals the judgment, the municipality may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney fees collected for the violation of the Zoning Ordinance shall be paid over to the Township Treasury.
A.
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.
B.
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.
§ 153-212 Appeals to Zoning Hearing Board.
Appeals from written determinations of the Zoning Officer in his administration and enforcement of this chapter shall be taken by any affected party to the Zoning Hearing Board in accordance with this chapter and applicable provisions of the MPC, Act 247,[1] as amended.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 153-213 Appeals to court.
The procedures as set forth in the Pennsylvania Municipalities Planning Code, as amended, shall constitute the exclusive mode for securing review of any decision rendered pursuant to this chapter or deemed to have been made under this chapter.
§ 153-214 Preliminary opinion.
In order not to unreasonably delay the time when a landowner may secure assurance that the Zoning Ordinance and/or Official Zoning Map under which he proposes to build is free from challenge, and recognizing that the procedure for preliminary approval of his development may be too cumbersome or may not be unavailable, the landowner, equitable or otherwise, may advance the date from which time a challenge to the Zoning Ordinance and/or Official Zoning Map will run in accordance with the provisions of the Pennsylvania Municipalities Planning Code, Act 247, as amended, by the following procedure:
A.
The landowner may submit plans and other materials describing his proposed use or development to the Zoning Officer for a preliminary opinion as to their compliance with the applicable Zoning Ordinances and Maps. Such plans and other materials shall not be required to meet the standards prescribed for preliminary, tentative or final approval or for the issuance of a building permit so long as they provide reasonable notice of the proposed use or development and a sufficient basis for a preliminary opinion as to its compliance.
B.
If the Zoning Officer's preliminary opinion is that the use or development complies with the Zoning Ordinance and Map, notice thereof shall be published once each week for two successive weeks in a newspaper of general circulation in the Township. Such notice shall include a general description of the proposed use or development, including its location, by some readily identifiable directive, and the place and times where the plans and other materials may be examined by the public.
C.
Upon a favorable preliminary opinion, the time limitations for commencing an appeal before the Board, as provided by the Pennsylvania Municipalities Planning Code, Act 247, as amended, shall run from the time when the second notice thereof has been published.