Township of Old Lycoming, PA ADMINISTRATION AND ENFORCEMENT

Prior to the placement, erection, construction, addition, or alteration of any building, structure, or land.

Prior to the use or change in use of a building, structure, or land.

Prior to the erection or alteration of signs except as specified in Part 7.

(4)

Prior to the change or extension of a nonconforming use.

(5)

Prior to the demolition or razing of any building or structure.

(6)

Prior to development in any floodplain district, except as listed below.

It shall be unlawful for any person to commence work for the erection or alteration of any building or structure, the change from one use to another use in an existing building (regardless if structural alterations are proposed or necessary to accommodate the change), or for a change in the use of land, until a zoning permit has been duly issued therefor. No zoning permit shall be issued however until all appropriate sewage, driveway, and other related permits have first been issued for the proposed use. (See also § 27-1203.4 below for compliance requirements.) Upon issuance of the zoning permit, the applicant may apply for a building permit.

Zoning permits shall not be required for the following activities unless they are proposed within an identified floodplain district:

Non-commercial or non-industrial interior alterations when there is no increase in ground floor exterior dimension and no change in use.

General maintenance and repair to existing buildings or structures; including siding, roofing, painting, the addition of storm windows, and similar activities.

Land cultivation, including crop or tree farming, and/or livestock fencing.

(4)

Landscaping, excluding retaining walls over 48 inches in height, or clearing woodlands, excluding timber harvesting.

(5)

Construction or erection of land terraces, steps or other similar features.

(6)

Placement or location of transmission, distribution and/or collection lines for utilities.

Application for Zoning Permits. Each request for a zoning permit shall be made by completing the appropriate application form obtained from the Zoning Officer and submitting it, along with the required fee, to the Township. Application for a permit shall be made by the owner or lessee of any building or structure, or the agent of either; provided, however, that if the application is made by a person other than the owner, it shall be accompanied by a written authorization from the owner. The full names and addresses of the owner, lessee, applicant or other responsible parties shall be stated in the application. The Zoning Officer shall have 30 days after receipt of an application to issue or deny the zoning permit. Any denial shall be in writing and shall state the reason(s) for such action.

Description of Work and Plan Requirements. All applications for zoning permits shall be accompanied by plans, in duplicate, drawn to scale, showing the actual shape and dimensions of the lot, the exact size and location of any buildings existing on the lot, the lines within which the proposed building or structure shall be erected or altered, the existing and intended use of each building or part of a building, the number of families or dwelling units the building is designed to accommodate and such other information as may be necessary to determine compliance with this chapter and all other pertinent regulations. No application shall be considered complete until all necessary documents have been filed and all fees have been paid to the Township. One copy of the plans will be returned to the applicant when such plans have been approved by the Zoning Officer. All applications and accompanying plans and documents shall become a matter of public record once a permit has been either issued or denied.

Proof of Compliance. It shall be the responsibility of the applicant in all cases to furnish the Township with certificates or letters of compliance from the proper regulatory or enforcement entity indicating that the proposed use will comply with all requirements of this chapter and all other applicable Federal, State or Local regulations.

Changes. After the issuance of a zoning permit by the Zoning Officer, no changes of any kind shall be made to the application, permit or any of the plans, specifications or other documents submitted with the application without the written approval of the Zoning Officer. Requests for any such change shall be made in writing and shall be submitted to the Zoning Officer for consideration.

Posting of Permit Placard. The zoning permit placard shall be displayed or posted on the premises during the time construction is in progress. The permit placard shall remain posted until completion of the project and final inspection has been made by the Zoning Officer.

Time Limitations. Work on the proposed construction shall commence within six months after the date of issuance of the zoning permit and shall be completed within 24 months after its issuance or the permit shall expire, unless a time extension is granted in writing by the Zoning Officer. See also time limitations established below. Time extensions may be granted only if a written request is submitted by the applicant which sets forth sufficient and reasonable cause for the Zoning Officer to grant such a request. For the purposes of this Part, construction and/or development shall be considered to have started with the preparation of land, including land clearing, grading, filling, excavation for basement, footers, piers or foundations, erection of temporary forms, the installation of pilings under proposed subsurface footers, or the installation of sewer, gas, and water pipes, or electrical or other service lines from the street. See also the definition of "start of construction" for application of the phrase to proposed development in an identified floodplain area.

Zoning permits for the installation or erection of a fence or for the demolition or razing of any building or structure shall be valid for a period of one year from the date of their issuance. Time extensions may be granted by the Zoning Officer only if a written request is submitted by the applicant prior to the expiration of the original permit.

Inspections. During the construction period, the Zoning Officer shall inspect the premises to determine that the work is progressing in compliance with the information provided on the permit application and with all other applicable Township laws. He shall make as many inspections as necessary to determine this compliance.

Revocation of Permits. The Zoning Officer may revoke a zoning permit at any time if it appears that the application or accompanying plan is in any material respect false or misleading or that work being done upon the premises differs materially from that called for in the application. In such case, the person holding the permit shall immediately surrender it to the Zoning Officer. A report of such revocation shall also be submitted to the Township for whatever action they may deem necessary.

10.

Temporary Permit. A temporary zoning permit may be authorized by the Zoning Officer for a nonpermanent structure or use not generally permitted where it is deemed beneficial to the public health or general welfare, necessary to promote the proper development of the community, or for temporary accessory uses, provided that such structure or use shall be completely removed upon expiration of the permit without cost to the Township. Such permits shall be issued for a period of time not to exceed one year, and may be renewed by the Township Zoning Officer for no more than one additional one-year period, or as may be otherwise indicated in this chapter. (See also §§ 27-427 and 27-428 for additional temporary use provisions.)

§ 27-1204 Certificates of Compliance.

[Ord. 168, 8/11/1992, § 1203; as amended by Ord. 213, 1/29/2004, Art. 13]

Requirements for Certificates of Compliance. No land shall be occupied or used and no building hereafter erected, altered or extended shall be used in whole or in part, or shall be changed in use, until an certificate of compliance has been issued by the Zoning Officer. The issuance of a certificate of compliance is not intended to guarantee or warranty, either stated of otherwise, the soundness of any construction not the habitability of any building or structure. The purpose of the certificate is only to certify that the work authorized by the zoning permit has been satisfactorily completed and the building or proposed use thereof complies with the provisions of this chapter.

Issuance and Effect. The applicant shall notify the Zoning Officer in writing upon completion of the permitted activity and the certificate of compliance shall be issued within five days after the activity has been inspected and approved as complying with the provisions of this chapter and the issued permit. Once granted, the certificate of compliance shall continue in effect so long as there is no change of use, regardless of change in ownership, tenants or occupants. If any part of the construction is found in violation, then the applicant shall be notified in writing within five days of the inspection of the deficiencies or reasons for denial.

§ 27-1205 Driveway Permits.

[Ord. 168, 8/11/1992, § 1204; as amended by Ord. 271, 11/10/2015, Art. 9]

A driveway permit shall be required prior to the initiation of construction or alteration of a new or existing driveway or access drive, including a change of surface, for all drives created or existing which intersect Township roads. The individual, owner or agent creating the drive shall be responsible for supplying the Township with sufficient information regarding the proposed intersection, its sight distance, and its impact on drainage patterns along the Township road. Such permit shall be issued by the Zoning Officer after he has determined that the application complies with all provisions of § 27-803 of this chapter, regarding driveways and access drives.

Driveway permits issued by the Township for the installation of new driveways shall be valid for a period of two years from the date of their issuance. All other driveway permits, including those for the modification of a driveway's surface, shall be valid for a period of one year from the date of their issuance. Time extensions may be granted by the Zoning Officer only if a written request is submitted by the applicant prior to the expiration of the original permit.

§ 27-1206 Violations and Enforcement.

[Ord. 168, 8/11/1992, § 1205; as amended by Ord. 213, 1/29/2004, Arts. 12 and 13; and by Ord. 231, 10/14/2008]

Failure to secure a zoning permit when required hereunder; failure to secure a certificate of compliance; failure to secure a driveway permit; or failure to carry out the provisions of this chapter, shall be considered a violation of this chapter.

Enforcement Notice. Whenever it appears to the Zoning Officer that there has been a violation of any provision of this chapter, the Zoning Officer, on behalf of the Township, shall give written notice of such alleged violation as hereinafter provided. Such enforcement notice shall:

Be served upon the property owner or sent to him by certified mail (return receipt requested).

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

Include the location of the property in violation.

(4)

Identify the specific violation(s) with a description of the requirements which have not been met, citing in each instance the applicable provision(s) of this chapter.

(5)

Contain an outline of remedial action which, if taken, will effect compliance.

(6)

Specify the time to be allotted for initial response to the notice and specify the time to be allotted for correction or abatement of the alleged violation.

(7)

Notify the recipient of his right to appeal to the Township Zoning Hearing Board prior to the expiration of the time period provided for response to the notice.

(8)

Indicate that failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, shall constitute a violation and will be prosecuted or remedied as provided in this section.

In any appeal of an enforcement notice to the Township Zoning Hearing Board, the Township shall have the responsibility of presenting its evidence first.

Causes of Action. 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 this chapter, the Township Zoning Officer may institute, in the name of the Township, any appropriate action or proceeding to prevent, restrain, correct, or abate such building, structure, landscaping or land, or to prevent any action, conduct, business, or use in or about such premises constituting a violation.

Any aggrieved owner or tenant of real property who shows that his property or person will be substantially affected by the alleged violation may also institute an appropriate corrective action or proceeding. Such action must be preceded however by serving a copy of the complaint on the Township at least 30 days prior to being instituted. No such action may be maintained until such notice has been given.

Enforcement Remedies.

Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this chapter, whether enacted under current law or prior law, shall, upon being found liable therefore in a civil enforcement proceeding commenced by Old Lycoming Township, pay a judgment of not more than $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 be payable until the date of the determination of a violation by the magisterial district judge. If the defendant neither pays nor timely appeals the judgment, Old Lycoming 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 magisterial district judge 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 5th day following the date of the determination of a violation by the magisterial district judge and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney fees collected for the violation of this chapter shall be paid over to Old Lycoming Township.

The Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment.