Wilkins Township City Zoning Code
ARTICLE VIII
Administration and Enforcement
§ 450-53 Zoning Officer.
The Zoning Officer, who shall be appointed by the governing body, shall:
A.
Administer and enforce the provisions of this chapter in accordance with its literal terms and shall not have the power to permit any construction or any use or chance of use which does not conform to this chapter.
B.
Issue zoning certificates and building permits.
C.
Maintain a permanent file of all zoning certificates and applications as public records.
D.
Identify and register all nonconforming uses.
§ 450-54 Zoning certificates.
A.
A zoning certificate shall be obtained before any person may:
B.
Applications for a zoning certificate shall be accompanied by a plot plan showing clearly and completely the location, dimensions and nature of any structure involved and such other information as the Zoning Officer may require for administration of this chapter, together with a filing fee in accordance with a schedule fixed by resolution of the governing body.[1]
[1]
Editor's Note: The current fee resolution is on file in Township offices.
C.
Zoning certificates shall become null and void one year from the date of issue. Prior to continuance of the activity or change for which the original certificate was issued, a new zoning certificate must be obtained.
§ 450-55 Violations and penalties.
[Amended 12-28-1998 by Ord. No. 917]
Any person, partnership or corporation who or which shall violate the provisions of this chapter shall be subject to the penalties provided by the Pennsylvania Municipalities Planning Code, 53 P.S. § 10617.2.
§ 450-56 Enforcement remedies.
In case any building, structure or land is or is proposed to be erected, constructed, reconstructed, altered, converted, maintained or used in violation of this chapter, the Board of Commissioners, in addition to other remedies, may institute in the name of the municipality any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure or land or to prevent, in or about such premises, any act, conduct, business or use constituting a violation.
§ 450-57 Amendments.
The governing body may amend this chapter as proposed by a member of the governing body, by the Planning Commission or by a petition of a person residing or owning property within the municipality in accordance with the following provisions.
A.
Petitions for amendment shall be filed with the Planning Commission, and the petitioner, upon such filing, shall pay an advertising deposit and a filing fee in accordance with a schedule fixed by resolution.[1] The Planning Commission shall review the proposed amendment and report its findings and recommendations, in writing, to the governing body and to the petitioner. The proposed amendment shall be introduced before the governing body only if a majority of the governing body elects to do so. If an amendment proposed by petition is not introduced, the advertising deposit shall be refunded to the petitioner, otherwise such deposit shall be paid to the municipality.
[1]
Editor's Note: The current fee schedule is on file in the Township offices.
B.
Any proposed amendment introduced by a member of the governing body without written findings and recommendations from the Planning Commission shall be referred to the Planning Commission for review at least 30 days prior to public hearing by the municipality.
C.
Public hearing and notice requirements.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1)
Before voting on the enactment of an amendment, the Board of Commissioners 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. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
(2)
In addition, if the proposed amendment involves a Zoning Map change, notice of said public hearing shall be conspicuously posted by the Township at points deemed sufficient by the Township along the tract to notify potentially interested citizens. The affected tract or area shall be posted at least one week prior to the date of the hearing.
(3)
Further, at least 30 days prior to the hearing date, notice of the public hearing shall be mailed to property owners within the area being rezoned.
(4)
If, after any public hearing held upon an amendment, the proposed amendment is changed substantially, or is revised, to include land previously not affected by it, the Board of Commissioners shall hold another public hearing, pursuant to public notice, and mailed notice and electronic notice, if applicable, before proceeding to vote on the amendment.
§ 450-58 Zoning Hearing Board.
In accordance with law, the governing body shall appoint and organize a Zoning Hearing Board, which board shall adopt rules to govern its procedure. The Board shall hold meetings, keep minutes and, pursuant to notice, shall conduct hearings, compel the attendance of witnesses, take testimony under oath and render decisions, in writing, all as required by law. A fee shall be charged in accordance with a schedule fixed by resolution for any appeal or proceeding filed with the Zoning Hearing Board.[1] The Zoning Hearing Board shall have the functions, powers and obligations specifically granted by law.[2]