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1. In granting a conditional use, the Board of Supervisors shall make findings of fact consistent :with the provisions of this Chapter. The Board of Supervisors shall not approve a conditional use except in conformance with the conditions and standards outlined in this Chapter.
2. The Board of Supervisors shall grant a conditional use only if it finds adequate evidence that any proposed development submitted will meet all of the following general requirements as well as any specific requirements and standards listed herein for the proposed use. The Board of Supervisors shall among other things require that any proposed use and location be:
A. In accordance with the Township Comprehensive Plan.
B. In the best interests of the Township, the convenience of the community, and the public welfare.
C. Suitable for the property in question, and designed, constructed, operated and maintained so as to be in harmony with the existing character of the general vicinity.
D. In conformance with all applicable requirements of this Chapter and all Township ordinances.
E. Suitable in terms of effect on highway traffic and safety.
F. In accordance with sound standards of land development practice.
3. The Board of Supervisors may impose whatever conditions it deems necessary to ensure that any proposed development will secure substantially the objectives of this Chapter.
Review by the Planning Commission. The Board of Supervisors shall request an advisory opinion from the Planning commission on any application for a conditional use, the Planning Commission is to submit a report of such advisory opinion prior to the date of the public hearing held by the Board of Supervisors on an application. The Planning Commission may request a report from the Township Engineer or consultant.
(Ord. 3/9/1993B, § 1101)
1. The landowner shall make a written request to the Board of Supervisors that it hold a hearing on his application. The request shall contain a statement reasonably informing the Board of Supervisors of the matters that are at issue.
2. The application shall be accompanied by plans and other materials in accordance with § 27-1010(4).
3. The Board of Supervisors shall hold a hearing upon the request, commencing not later than 60 days after the request is filed, unless the applicant requests or consents in writing to an extension.
(Ord. 3/9/1993B, § 1102)
PART 12
ADMINISTRATION
ADMINISTRATION
1. Appointment. The Zoning Officer shall be appointed by the Board of Supervisors. The Zoning Officer shall not hold any-elective office in the Township.
2. Compensation. The compensation for the Zoning Officer shall be determined by the Board of Supervisors.
3. Qualifications. The Zoning Officer shall meet the requirements established by the Township and shall be able to demonstrate a working knowledge of municipal zoning.
4. Duties and Responsibilities. The Zoning Officer shall have all the duties and powers conferred by this Chapter in addition to those reasonably implied for that purpose. He shall not issue a permit in connection with any contemplated erection, construction, alteration, repair, extension, replacement and/or use of any building, structure, sign and/or land unless it first conforms to the literal requirements of this Chapter. Specifically, the Zoning Officer shall:
A. Receive and process all applications for zoning permits, occupancy permits, variances, special exceptions, conditional uses and appeals.
B. Receive and process complaints, only if received in writing.
C. Issue zoning permits and certificates of compliance for construction and uses which are in accordance with the regulations of this Chapter and subsequent amendments; or through the Board of Supervisors for conditional uses; or through the Zoning Hearing Board; or through court approval. Zoning permits and occupancy permits shall not be issued if subdivision and land development regulations have not received the required approval.
D. Record and file all applications for zoning permits and occupancy permits together with accompanying plans and documents.
E. Maintain the zoning map showing the current zoning classifications of all land and the zoning text including all amendments.
F. In the case of a conditional use or special exception, the Zoning Officer shall conspicuously post a notice of public hearing on the affected property whenever the Zoning Hearing Board or the Board of Supervisors schedules a public hearing.
G. Participate in all proceedings before the Zoning Hearing Board and the Planning Commission and as requested provide facts and records which will assist such bodies.
H. Submit a quarterly report to the Board of Supervisors of all permits and occupancy permits issued and violations and stop work orders recommended or promulgated.
5. In addition, the Zoning Officer may prepare a map and register showing the identity and location of nonconforming uses and structures.
(Ord. 3/9/1993B, § 1200)
1. Requirements. It shall be unlawful to commence the excavation, construction or alteration of any building, including an accessory building, until the Zoning Officer has issued a zoning permit for such work. No permit shall be required for repair, maintenance or interior remodeling provided it does not change the use or otherwise violate the provisions of this Chapter.
2. Form of Application. The application for a permit shall be submitted in such form as the Zoning Officer may prescribe and shall be accompanied by the required fee. Application shall be made by the owner, lessee or the agent of either. However, if the application is made by a person other than the owner or lessee, it shall be accompanied by a written authorization of the owner that the proposed work is authorized by this owner.
3. Description of Work. The application shall contain a general description of the proposed work, use and occupancy of all parts of the building, structure, land or sign and such additional information as may be required by the Zoning Officer. The application for the permit shall be accompanied by a plot plan of the proposed building, structure, use or sign drawn to scale with sufficient clarity to show the nature and character of the work to be performed, including off-street parking and loading space, if required, the location of new and existing construction, and the distances of the same from the existing lot lines.
4. Issuance of Zoning Permit. The Zoning Officer shall determine whether the plans conform to the provisions of all pertinent local laws. In the event they do not, he shall reject the application and state the reasons for doing so in writing. The Zoning Officer shall inform the applicant of the right of appeal to the Zoning Hearing Board in the event the application is rejected. When the Zoning Officer is satisfied that the proposed work and/or use conforms to the provisions of this Chapter and all laws and ordinances applicable thereto, he shall issue a permit.
5. Notice of Starting Work. The Zoning Officer shall be given at least 24 hours notice by the applicant prior to commencement of work.
6. Expiration of Permit. The permit shall expire after 1 year from the date of issuance unless work at the site has commenced within such period. All work must be completed within 2 years. For the purposes of this Chapter, construction and/or development shall be considered to have started with the preparation of land, including land clearing, grading, filling, excavation for basement, erection of temporary forms, the installation of pilings under proposed subsurface footers or the installation of utilities
7. Completion of Work. Upon completion of the work and prior to use or occupancy, the permit holder shall notify the Zoning Officer. Use and occupancy shall not be authorized until the Zoning Officer has certified that the work has been inspected and approved and has issued an occupancy permit.
8. Revocation of Permits. The Zoning Officer may revoke a permit in case of any false statement or misrepresentation of fact in the application or on the plans or for any other cause set forth in this Chapter.
9. Posting of Permit. A true copy of the permit shall be kept on the site of operations open to public inspection until completion of the work.
(Ord. 3/9/1993B, § 1201)
1. Requirements. It shall be unlawful to use and/or occupy any structure, building, sign and/or land or portion thereof for which a permit is required until an occupancy permit has been issued by the Zoning Officer.
2. Time of Application. When the use of premises involves a new building or structure or additions to an existing building or structure, the application for an occupancy permit shall be made at the same time application is made for a zoning permit. When no construction or alteration is involved, application to occupy and use land may be made at any time.
3. Form of Application. The application for an occupancy permit shall be in such form as the Zoning Officer may prescribe. The application shall contain the intended use and/or occupancy of any structure, building, sign and/or land or portion thereof for which a permit is required.
4. Issuance of Occupancy Permit. The Zoning Officer shall inspect any structure, building, sign and/or use of land within 10 days of notification that the work has been completed. Should the Zoning Officer determine that the work is in conformity and compliance, he shall issue an occupancy permit, a true copy of which shall be kept available for official inspection at all times.
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