Borough of Old Forge, PA Administration and Enforcement

The provisions of this chapter shall be enforced by an agent to be appointed by the Borough Council who shall be known as the "Zoning Officer." The Zoning Officer shall not hold any elective office in the Borough.

The Zoning Officer shall meet qualifications established by the Borough and shall be able to demonstrate to the satisfaction of the Borough Council a working knowledge of municipal zoning. At a minimum, he/she shall possess a certificate of completion from the Pennsylvania Department of Community and Economic Development for attending a workshop for zoning officers within six months of appointment as Zoning Officer. Beyond that, the Zoning Officer shall be required to attend one such workshop per year during the time he/she is Zoning Officer.

Compensation. The compensation for the Zoning Officer shall be determined by the Borough Council.

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/she 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, all other ordinances of the Borough and with the laws of the Commonwealth of Pennsylvania. The Zoning Officer is authorized to institute civil enforcement proceedings as a means of enforcement when acting within the scope of his/her employment. The Zoning Officer shall:

Receive and check all applications for zoning permits and certificates of zoning compliance and make notations as to special conditions attached thereto.

Issue zoning permits and certificates of zoning compliance only for construction and uses which are in accordance with the regulations of this chapter and subsequent amendments; or through the Borough Council for conditional uses; or through the Zoning Hearing Board; or through court approval. Zoning permits and certificates of zoning compliance shall not be issued where the request concerns a lot, parcel or tract in a subdivision required to be approved under applicable subdivision and land development regulations, which subdivision or development has not had the required approval.

Record and file all applications for zoning permits and certificates of zoning compliance together with accompanying plans and documents. All records shall be open to public inspection.

(4)

Be responsible for maintaining the Zoning Map[1] showing the current zoning classifications of all land and this chapter, including all amendments thereto.

[1]

Editor's Note: The Zoning Map is on file in the Borough offices.

(5)

Maintain a register showing the registration, identity and location of nonconforming uses, structures and lots, together with the reasons why they have been identified as nonconformities, and issue certificates of nonconformance for all such nonconformities. The Zoning Officer shall also examine such nonconforming uses, structures and lots periodically to determine whether their status has changed.

(6)

Participate in all proceedings before the Zoning Hearing Board and the Planning Commission at their request and furnish such facts, records and similar information which will assist such bodies in reaching their decisions.

(7)

When the Zoning Hearing Board, or the Borough Council in the case of a conditional use, schedules a public hearing on any application over which it has jurisdiction, the Zoning Officer shall conspicuously post a notice of said hearing on the affected property.

(8)

When a proposed amendment to the Zoning Map is to be considered by the Borough Council, the Zoning Officer shall conspicuously post notice of said public hearing along the perimeter of the tract not more than 100 feet apart and at least one week prior to the date of the hearing to notify potentially interested citizens.

(9)

Issue an enforcement notice in writing to the owner of record of the parcel on which the violation of this chapter has occurred, to any person who has filed written request to receive enforcement notices regarding the parcel and to any other person requested in writing by the owner of record. Such written notification may be served personally or by certified mail and shall contain all information required by this article.

(10)

Institute legal proceedings before the Magisterial District Judge for the enforcement of the provisions of this chapter.

(11)

Submit a monthly report to the Borough Council of all permits and certificates of zoning compliance issued and violations and stop-work orders recommended or promulgated.

§ 350-46 Permits.

Requirements. It shall be unlawful to commence the excavation for or the construction or erection of any building, including an accessory building, or to commence the moving 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 the repair, maintenance or interior remodeling of any building, structure or grounds, provided that such repairs, maintenance or remodeling does not change the use or otherwise violate the provisions of this chapter.

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 as hereinafter prescribed. Application shall be made by the owner or lessee of any land, building or structure, or the agent of either; provided, however, that 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 or the qualified person making an application that the proposed work is authorized by this owner. The full names and addresses of the owner, lessee and applicant and of the responsible officers, if the owner or lessee is a corporate body, shall be stated in the application.

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.

Issuance of zoning permit. Upon receiving the application, the Zoning Officer shall examine the same within a reasonable time after filing. If the application or plans do not conform to the provisions of all pertinent local laws, he/she shall reject such application in writing, stating the reasons therefor. He/she shall inform the applicant of his right of appeal to the Zoning Hearing Board in the event such application is rejected. If satisfied that the proposed work and/or use conforms to the provisions of this chapter and all laws and ordinances applicable thereto, he/she shall issue a permit therefor as soon as practical.

Notice of starting work. The Zoning Officer shall be given at least 24 hours' notice by the owner or applicant prior to commencement of work at the site, which will have a zoning permit properly posted.

Expiration of permit. The permit shall expire after one year from the date of issuance unless work at the site has commenced within such period, but, in any case, all work must be completed within two years. If the work for which the permit has been granted has not been started within one year from the granting of such permit or if the work has not been completed within two years, the Zoning Officer shall cancel the permit and shall give written notice thereof to the applicant stating that further work shall not proceed unless and until a new zoning permit has been obtained.

Completion of work. Upon completion of the construction, erection or alteration of any building, structure or portion thereof authorized by any zoning permit obtained in compliance with this chapter, and prior to use or occupancy, the holder of such permit shall notify the Zoning Officer of such completion. Use and occupancy shall not be authorized until the Zoning Officer has certified that the work has been inspected and approved as being in conformity with this and other applicable ordinances and has issued a certificate of zoning compliance as provided below.

Revocation of permits. The Zoning Officer may revoke a permit or approval issued under the provisions of this chapter in case of any false statement or misrepresentation of fact in the application or on the plans on which the permit or approval was based or for any other cause set forth in this chapter.

Posting of permit. A true copy of the permit shall be kept on the site of operations open to public inspection during the entire time of prosecution of the work or use and until the completion of the same as defined on the application.

§ 350-47 Certificate of zoning compliance.

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 herein until a certificate of zoning compliance for such structure, building, sign and/or land or portion thereof has been issued by the Zoning Officer.

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 zoning compliance 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.

Form of application. The application for a certificate of zoning compliance 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 herein.

Issuance of certificate of zoning compliance. The Zoning Officer shall inspect any structure, building, sign and/or use of land within 10 days upon notification that the proposed work that was listed under the permit has been completed, and if satisfied that the work is in conformity and compliance with the work listed in the issued permit and all other pertinent laws, he/she shall issue a certificate of zoning compliance for the intended use listed in the original application. The certificate of zoning compliance or a true copy thereof shall be kept available for official inspection at all times.

§ 350-48 Enforcement; violations and penalties.

Enforcement. The construction, erection, replacement, alteration, repair, extension and/or use of any structure, building, sign and/or land or the change of use, area of use, percentage of use or extension or displacement of the use of any structure, building, sign and/or land without first obtaining a permit or the use of any building, structure, sign and/or land without receipt of a certificate of zoning compliance or the failure to comply with any other provisions of this chapter are hereby declared to be violations of this chapter.

Enforcement notice.

If it appears to the Borough that a violation of this chapter has occurred, the Borough shall initiate enforcement proceedings by sending an enforcement notice as provided in this section.

The enforcement notice shall be sent to the owner of record of the parcel on which the violation has occurred, to any person who has filed written request to receive enforcement notices regarding that parcel and to any other person requested in writing by the owner of record.

An enforcement notice shall state at least the following:

(a)

The name of the owner of record and any other person against whom the Borough 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 date before which the steps for compliance must be commenced and the date before which the steps must be completed.

(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 chapter, Article X, § 350-53.

(f)

That 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.

Cause 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 Borough Council or, with the approval of the Borough Council, an officer of the Borough 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, structures, 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 Borough at least 30 days prior to the time the action is begun by serving a copy of the complaint on the Borough.

No such action may be maintained until such notice has been given.

Jurisdiction. Magisterial District Judges shall have initial jurisdiction over proceedings brought under Subsection E below.

Enforcement remedies.

Penalties for offenses.

(a)

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 Borough, pay a judgment of not more than $500, plus all court costs, including reasonable attorney fees incurred by the Borough as a result thereof.

(b)

No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the Magisterial District Judge.

(c)

If the defendant neither pays nor timely appeals the judgment, the Borough may enforce the judgment pursuant to the applicable rules of civil procedure.

(d)

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 fifth 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.

(e)

All judgments, costs and reasonable attorneys' fees collected for the violation of this chapter shall be paid over to the Borough.

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.

Nothing in this section shall be construed or interpreted to grant to any person or entity other than the Borough the right to commence any action for enforcement pursuant to this section.

§ 350-49 Payment of fees.

No permit to begin work for the erection, construction, alteration, repair, extension, replacement and/or use of any building, structure, sign and/or land for construction or use purposes shall be issued until the fees prescribed shall be paid to the Zoning Officer. The payment of fees for permits and certificates under this section shall not relieve the applicant or holder of said permit from payment of other fees that may be required by this chapter or any other ordinance or law.

Specific fees for the permits and certificates authorized below shall be set from time to time by resolution of the Borough Council:

Zoning permits:

(a)

New residential buildings and uses.

(b)

New agricultural, commercial, industrial and other buildings and uses.

(c)

Residential additions, structural changes and building size and accessory uses.

(d)

Agricultural, commercial, industrial and other additions, structural changes and accessory uses.