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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.
PART 13
ENFORCEMENT
ENFORCEMENT
In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure or land is used in violation of this Chapter, the Board of Supervisors, or the Zoning Officer with the approval of the Board of Supervisors, may institute in the name of the Township any appropriate action or proceedings 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 said building, structure or land; or to prevent any illegal act, conduct, business or use in or about such premises. The rights and remedies provided in this Chapter are cumulative and are in addition to all other remedies provided by law.
(Ord. 319/1993B, § 1301)
An enforcement notice shall be prepared and sent to the owner of the parcel on which the violation has occurred. The 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 in violation.
C. The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of this Chapter.
D. The specific date for compliance.
E. That the recipient of the notice has the right to appeal to the zoning hearing board and the time period of appeal.
F. That failure to comply or failure to appeal will result in clearly described sanctions.
(Ord. 3/9/1993B, § 1302)
No permit shall be issued until the applicable fee(s) have been paid. A schedule of fees have been established by resolution of the Board of Supervisors. In certain cases, additional fees may be applied. Such additional fees shall be at the discretion of the Township and shall cover, in whole or in part, costs associated with review of large scale land development.
(Ord. 3/9/1993B, § 1303)
1. Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this Chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $600 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 justice. 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 this Chapter 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 the determination of a violation by the district justice and thereafter each day that a violation continues shall constitute a separate violation.
2. The court of common pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per them fine pending a final adjudication of the violation and judgment.
3. 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.
4. District justices shall have initial jurisdiction over proceedings brought under this Section.
(Ord. 3/9/1993B, § 1304; as amended by Ord. 12/10/2001)
PART 14
AMENDMENTS
AMENDMENTS
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