Zoning permit required.
A zoning permit shall be required prior to the erection, construction or alteration of any building, structure or any portion thereof, prior to the moving of a building into the Township or from one place in the Township to another and prior to the change or extension of nonconforming use and shall be issued simultaneously with the required building permits.
Application for permits.
Application for permits shall be made in writing to the Zoning Officer on such forms as may be furnished by the Township. Such application shall include building and plot plans of a satisfactory nature, in duplicate, and shall contain all information necessary for such official to ascertain whether the proposed erection, alteration, use or change in use complies with the provisions of this chapter. No permit shall be considered complete or permanently effective until the Zoning Officer has certified that the work meets all the requirements of applicable codes and ordinances.
Issuance of permits.
A. No zoning permit shall be issued except in conformity with the regulations of this chapter, and except after written order from the Zoning Hearing Board or the courts.
B. In case of refusal, the applicant shall be informed of his right to appeal to the Zoning Hearing Board.
C. Proceedings of the Zoning Hearing Board shall be governed by the Pennsylvania Municipalities Planning Code, as amended. The Board shall fix its own rules of procedure. The Board of Supervisors shall establish by resolution a schedule of fees for appeals to the Zoning Hearing Board.
D. Any building permit or any other permits to which an applicant may be entitled as a result of a decision of the Zoning Hearing Board shall be applied for within six months of the date thereof. Failure to do so will render the decision null and void. Where the parcel(s) that were before the Zoning Hearing Board for the grant of variances or special exceptions require land development approval (as set forth in the Pennsylvania Municipalities Planning Code) prior to the issuance of building permits, the land development process must be initiated by the filing of a tentative sketch plan within three months of the grant of relief by the Zoning Hearing Board, and permits must be applied for within six months of the grant of final land development approval, or else the relief granted by the Zoning Hearing Board shall be null and void.
Expiration of permits.
No permit for the erection, razing, change, alteration or removal of buildings shall be valid or effective after six months from the date of issuance thereof, and it shall thereafter be void, unless the work authorized by such permit shall have been substantially commenced within six months from the date of issuance and proceeded with, with due diligence. If, however, the applicant has been delayed in proceeding with the work for which the permit was granted by reason of any reasonable cause not due to his own negligence, the permit may be renewed without additional cost to the applicant.
Temporary permits.
A temporary permit may be authorized by the Zoning Hearing Board as a special exception for a nonconforming structure or use which it deems beneficial to promote the proper development of the community, provided that such nonconforming structure or use shall be completely removed upon expiration of the permit without cost to the Township. Such a permit shall be issued for a specified period of time not exceeding six calendar months and may be renewed for an aggregate period of not more than two years.
Permits for variances and special exceptions.
A. All applications for variances and special exceptions shall be made in writing on forms furnished by the Township Secretary.
B. Special exceptions shall not be granted by the Zoning Hearing Board unless the applicant therefor shall establish:
(1) That the granting of the special exception will not adversely affect the public interest.
(2) That the proposed structure or development complies with the letter and intent of this chapter.
(3) That the public health, safety and welfare have been protected in the following respects, where applicable:
(a) Ingress and egress to and from property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe.
(b) Off-street parking and loading areas, where required, with particular attention to the items in Subsection B(1) above with the noise, glare or odor effects of the special exception on adjoining properties and properties generally in the district.
(c) Refuse and service areas, with particular reference to the items in Subsection B(1) and (2) above.
(d) Utilities, with reference to locations, availability and compatibility.
(e) Screening and buffering, with reference to type, dimensions and character.
(f) Signs, if any, and proposed exterior lighting with reference to glare, traffic safety and compatibility and harmony with properties in the district.
(g) Required yards and other open spaces.
(h) The general compatibility with adjacent properties and other property in the district.
C. To the extent permitted by law, all burdens of proof, persuasion and going forward with evidence shall be upon the landowner in connection with any variance or special exception. In allowing a variance or special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards in addition to those expressed in the chapter, as it may deem necessary to implement the purposes of the Pennsylvania Municipalities Planning Code and this chapter.
