ADMINISTRATION AND ENFORCEMENT Section 801 - Appointment of Zoning Officer

In document EAST MANCHESTER TOWNSHIP ZONING ORDINANCE (Page 94-103)

A. For the administration of this Ordinance, a Zoning Officer and any duly authorized assistant(s) (who shall be referred to collectively hereafter as "the Zoning Officer") who may not hold any elective office in the Township, shall be appointed by the Board of Supervisors. The Zoning Officer shall administer this Ordinance in accordance with its literal terms. The Zoning Officer shall issue all permits required by this Ordinance but he shall not have the power to permit any construction or any use or change of use which does not conform to this Ordinance and other applicable Township codes and ordinances.

Section 802 - Powers and Duties of Zoning Officer

A. It shall be the duty of the Zoning Officer to enforce the provisions of this Ordinance and all rules, conditions and requirements adopted or specified pursuant thereto. The Zoning Officer shall not issue a permit or certificate authorized or required under this Ordinance for work or a use which does not conform to the terms and conditions of this Ordinance.

B. The Zoning Officer shall have the right to enter any building or enter upon any land at any reasonable hour as necessary in the execution of their duties, provided that:

1) The Zoning Officer shall have all powers conferred by this Ordinance, or by law, including, but not limited to, the right to inspect and enter buildings, premises, or land under terms and conditions as provided and permitted by law. In any event, the Zoning Officer shall have the right to enter upon any land at any reasonable hour as necessary in the execution of his or her duties, and shall have the right to enter any building upon reasonable notice to both the owner and occupier of said building or premises.

2) Notwithstanding the provisions or subparagraph 1, above, the Zoning Officer shall have the right to examine or cause to be examined, as a condition for the issuance of any permit or certificate of occupancy, all buildings, structures, signs, or land or portions thereof, for which an application has been filed for the issuance of a land use permit or certificate of occupancy before issuing any permit.

Thereafter, the Zoning Officer may make such inspections prior to completion of the work for which the permit has been issued. Upon completion of the building, structure, sign, or change, and/or prior to the issuance of a certificate of occupancy, a final inspection shall be made, and all violations of approved plans or permit shall be noted, and shall be corrected prior to the issuance of a certificate of occupancy.

3) Inspections shall be commenced in the presence of the owner or his representative or tenant.

C. The Zoning Officer shall maintain such files and records, open to the public, as shall be necessary for the performance of his or her duties, or as shall be required from time to time by the Board of Supervisors.

Section 803 - Land Use Permits

A. No building or structure in any District shall be erected, installed, have an addition added to, reconstructed or restored, or structurally altered without a land use permit duly issued upon application to the Township. However, no such land use permit shall be required for building restoration costing less than $3,000.00. No land use permit shall be issued unless the proposed construction or use is in full conformity with all the provisions of this Ordinance. Any land use permit issued in violation of the provisions of this Ordinance shall be null and void and of no effect, without the necessity for any proceedings or revocations of nullification thereof; and any work undertaken or use established pursuant to any such permit shall be unlawful.

B. Every application for a land use permit shall contain the following information and be accompanied by the required fee.

1) The actual shape, dimensions, radii, angles and area of the lot on which the building is proposed to be erected, or of the lot in which it is situated if an existing building;

2) The block and lot numbers as they appear on the latest tax records.

3) The exact size and location on the lot of the proposed building or buildings or alteration of an existing building and of other existing buildings on the same lot;

4) The dimensions of all yards in relation to the subject building and the distances between such building and any other existing buildings on the same lot.

5) The existing and intended use of all buildings, existing or proposed, the use of land, and the number of dwelling units the building is designed to accommodate;

and

6) Such topographic or other information with regard to the building, the lot or neighboring lots as may be necessary to determine that the proposed construction will conform to the provisions of this Ordinance.

C. No land use permit shall be issued for the construction or alteration of any building upon a lot without access to a street or highway.

D. No land use permit shall be issued for any building where the Land Development Plan of such building is subject to approval by the Supervisors, except in the conformity with the plans approved by the Supervisors.

E. No land use permit shall be issued for a building to be used for any use by Special Exception in any District where such use is allowed only by approval of the Zoning Hearing Board unless and until such approval has been duly granted by the Zoning Hearing Board.

F. The land use permit application and all supporting documentation shall be made in duplicate. On the issuance of a land use permit, the Zoning Officer shall return one copy of all filed documents to the applicant.

G. The Zoning Officer shall, within fifteen (15) business days after the filing of a complete and properly prepared application for a proposed single-family dwelling unit,

duplex dwelling unit or accessory use or structure, or within thirty (30) business days after the filing of a complete and properly prepared application for any other proposed use, building, structure or facility, either issue or deny a land use permit. If a land use permit is denied, the Zoning Officer shall state in writing to the applicant the reasons for such denial.

H. Every land use permit shall expire if the work authorized has not commenced within six (6) months after the date of issuance, or has not been completed within twelve (12) months from such date for construction costing less than $1,000,000 and has not been completed within thirty-six (36) months from such date for construction costing in excess of such amount. If no zoning amendments or other codes or regulations affecting subject property have been enacted in the interim, the Zoning Officer may authorize in writing the extension of either above periods of an additional six (6) months, following which no further work is to be undertaken without a new land use permit.

Section 804 - Development in Floodplain Areas

A. A land use permit shall be required for any proposed construction or development to be located entirely or partially within any identified floodplain area. Applicants for land use permits shall provide all the necessary information in sufficient detail and clarity to enable the Zoning Officer to determine that:

1) All such proposals are consistent with the need to minimize flood damage and conform with the requirements of this and all other applicable codes and ordinances;

2) All utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damage; and

3) Adequate drainage is provided so as to reduce exposure to flood hazards.

B. In addition to the information required in Section 803, applicants shall provide the following information plus any other pertinent information as may be required by the Zoning Officer:

1) the proposed lowest floor elevation of any proposed building based upon National Geodetic Vertical Datum of 1929;

2) the elevation of the one hundred (100) year flood;

3) if available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a one hundred (100) year flood; and 4) detailed information concerning any proposed flood-proofing measures.

5) a document, certified by a registered professional engineer or architect, which states that the proposed construction or development has been adequately designed to withstand the pressures, velocities, impact and uplift forces associated with the one hundred (100) year flood.

Such statement shall include a description of the type and extent of floodproofing measures which have been incorporated into the design of the structure and/or

C. Prior to the issuance of any land use permit, the Zoning Officer shall review the application for the permit to determine if all other necessary government permits required by State and Federal laws have been obtained, such as those required by the Pennsylvania Sewage Facilities Act (Act 1966-537, as amended); the Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended; the Pennsylvania Clean Streams Act (Act 1937-394, as amended); and the U.S. Clean Water Act, Section 404, 33 U.S.C. 1344.

No permit shall be issued until this determination has been made.

D. No encroachment, alteration, or improvement of any kind shall be made to any watercourse until all adjacent municipalities which may be affected by such action have been notified by the Township until all required permits or approvals have been first obtained from the Department of Environmental Protection, Bureau of Dams, Waterways and Wetlands.

In addition, the Federal Insurance Administrator and Pennsylvania Department of Community Affairs, Bureau of Community Planning, or successor agency, shall be notified by the Township prior to any alteration or relocation of any water course.

Section 805 - Certificate of Occupancy Or Use

A. The following shall be unlawful until a Certificate of Occupancy shall have been applied for and issued by the Zoning Officer:

1) Occupancy and use of a building erected, installed, reconstructed, restored, structurally altered, moved, or any change in use of existing building.

2) Certificates of Occupancy shall be required only for buildings or structures proposed for human use or habitation.

3) Certificates of Use shall be required for all other principal buildings.

B. Application for a Certificate of Occupancy or Use shall be submitted on a form furnished by the Township and shall provide all information required therein.

C. If the proposed use is in conformity with the provisions of this Ordinance, all other applicable codes and ordinances, and any requirements of any permits or approvals, a Certificate of Occupancy shall be issued by the Zoning Officer within 15 days after receipt of a properly completed application. If a Certificate of Occupancy is denied, the Zoning Officer shall state the reasons in writing to the applicant.

D. A Certificate of Occupancy or Use shall be deemed to authorize, and is required for, both initial occupancy and the continuance of occupancy and use of the building or land to which it applies.

E. Upon written request by the Owner, and upon fee payment, the Zoning Officer shall, after inspection, issue a Certificate of Occupancy or Use for any building or use thereof or of land existing at the time of adoption of this Ordinance, certifying such use and whether or not the same and the building conforms to the provisions of this Ordinance.

F. A record of all Certificates of Occupancy shall be kept by the Zoning Officer and copies shall be furnished on request, to any agency of the Township or to any persons having a proprietary or tenancy interest in the building of land affected.

Section 806 - Fees and Penalties A. Fees

The Board of Supervisors shall set fees, payable in advance, for all applications, permits, or appeals provided for by this Ordinance to defray the cost of advertising, processing, inspecting, mailing notices, charges of a stenographer for taking the notes of testimony, and copying applications, permits and occupancy certificates.

Land Use Permit Fees shall not be required for any maintenance operations such as painting, roof repair, window replacement, installation of siding, replacement of defective structural members or similar maintenance measures.

B. Zoning Hearing Board Hearings

All costs related to any required public Zoning Hearing Board hearings are to be paid by the applicant. Fees for said hearings may include compensation for the secretary and members of the Zoning Hearing Board, notice and advertising costs and necessary administrative overhead connected with the hearing. The costs, however, shall not include legal expenses of the Zoning Hearing Board, expenses for engineering, architectural or other technical consultants or expert witness costs.

An applicant by filing for a use by special exception shall be obligated to pay all costs hereinabove provided. Payment of such costs shall be promptly submitted to the Township by the applicant upon the submission of bills therefore from time to time.

Payment shall be by check or money order made payable to the Township of East Manchester.

No land use permit or other requisite permit shall be issued by the Township Zoning Officer until all such fees and costs have been paid in full by the applicant.

C. Enforcement Notice

1) If it appears to the Township that a violation of this Ordinance has occurred, the Township shall initiate enforcement proceedings by sending an Enforcement Notice as provided by this subsection.

2) The Enforcement Notice shall be sent to the owner of record of the parcel on which the violation has occurred, to the occupant, tenant, or equitable owner, if known by the Township, to any person who has filed a written request to receive enforcement notices regarding that parcel, and to any other person requested in writing by the owner of record.

3) An Enforcement Notice shall state at least the following:

a) The name of the owner of record and any other person against whom the Township intends to take action.

b) The location of the property and violation.

c) The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of the Ordinance.

d) The date before which the steps for compliance must be commenced and the date before which the steps must be completed. Compliance with sign regulations shall take place within thirty (30) days of the required notice.

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 in this Ordinance.

f) That the failure to comply with the Notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation, with possible sanctions clearly described. In the case of a sign violation, possible sanctions shall be as follows: The Township may remove or cause removal of such sign, and shall assess all costs and expenses incurred in said removal against the land or building on which the sign is located.

D. Penalties for Violations

Any person, partnership or corporation who or which has violated or permitted the violation of provisions of this Ordinance shall, upon being found liable therefore in a civil enforcement proceeding before a District Justice commenced by the Township, pay a judgment of not more than Five Hundred Dollars ($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 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 District Justice determining that there has been a violation further determines that there was a good faith basis for the person, partnership, or corporation violating the Ordinance 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 determination of a violation by the District Justice and thereafter each day that a violation continues shall constitute a separate violation. All judgment costs and reasonable attorney fees collected for the violation of zoning ordinances shall be paid over to the Township.

Section 807 - Enforcement Remedies

A. In case any building, structure, landscaping or land is, or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained or used in violation of any Township ordinance, the Board of Supervisors or, with the approval of the Board of Supervisors, an officer of the municipality, 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 Township 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.

Section 808 - Power of Amendment

The Board of Supervisors may, from time to time, amend, supplement, change, modify or repeal this Ordinance or any part of this Ordinance, including the Zoning Map. When doing so, the Board of Supervisors shall proceed in the manner prescribed in this Article.

Section 809 - Procedures for Amendment

Proposals for amendment of this Ordinance or any part hereof may be initiated by the Board of Supervisors on its own motion, by the Planning Commission, or by petition of one or more owners of property to be affected by the proposed amendment, subject to the following provisions:

A. Submission Dates

Proposals for amendment, to this Ordinance, including the Zoning Map, will be accepted for review and recommendation by the Board of Supervisors. The regularly scheduled meetings of the Board of Supervisors are hereby established as the meetings at which such aforementioned proposals shall be considered unless changed by the Board of Supervisors. All proposals for amendment, supplement, change or modification to this Ordinance shall be submitted to the Township Zoning Officer for referral to the Board of Supervisors not later than the last working day of the month preceding the meeting at which action will be requested prior to the regularly scheduled meeting of the Planning Commission, to which it shall be referred before coming before the Board of Supervisors.

B. Proposals Originated by the Board of Supervisors

Proposals for amendment, initiated by the Board of Supervisors on its own motion shall be referred to the Planning Commission in the manner prescribed in Section 809A. The Board of Supervisors shall submit each amendment to the Planning Commission at least thirty (30) days prior to the hearing on such proposed amendment, for its review and comment.

Proposals for amendment, initiated by the Board of Supervisors on its own motion shall be referred to the Planning Commission in the manner prescribed in Section 809A. The Board of Supervisors shall submit each amendment to the Planning Commission at least thirty (30) days prior to the hearing on such proposed amendment, for its review and comment.

In document EAST MANCHESTER TOWNSHIP ZONING ORDINANCE (Page 94-103)