No building, structure, or sign shall be erected, constructed,
moved, demolished, added to or structurally altered, nor shall any
use of any land, building, structure or sign be changed or expanded,
without a zoning permit therefor issued by the Zoning Officer. No
such permit shall be issued except in conformity with the provisions
of this chapter; and:
A. The applicant supplying satisfactory evidence, where applicable,
that the property and the proposed use thereof is in compliance with
all well and sewage ordinances then in effect in Pocono Township, as well as the Sewage
Facilities Act of the Commonwealth of Pennsylvania and regulations promulgated
pursuant thereto by the Pennsylvania Department of Environmental Protection;
and
B. The applicant supplying, where applicable, stormwater management
plans approved by the Pocono Township Board of Commissioners in accordance
with the applicable Pocono Township stormwater management ordinances, and an erosion and sedimentation control plan approved
by the applicable governmental body or agency charged with that responsibility,
with respect to any proposed construction, excavation, or other earthmoving
activity; and
C. A copy of the current recorded deed for the property to prove ownership
of the same, which shall contain all pages and show all recording
information; and
D. A copy of any written construction contract or agreement that may
have been entered into with respect to any construction or other work
to be performed on the property for which a permit is being requested;
and
E. A copy of the approved building plans from PA L&I that the structure
meets the minimum requirements for fire and panic emergencies in addition
to any special separate letters for pressure vessels, elevators or
other items under their control. This section shall apply to any and
all construction and/or conversions which are within Pennsylvania
Department of Labor and Industry jurisdiction; and
F. If a construction or conversion involves what would ordinarily be within Pennsylvania Department of Labor and Industry jurisdiction but the applicant contends an exemption from that jurisdiction, a copy of a certification from Pennsylvania Department of Labor and Industry that the construction and/or conversion is exempt will be required in lieu of the approval set forth in Subsection
F hereinabove.
A certificate of use and occupancy shall be required upon completion
of the work contemplated. It shall be unlawful to use and/or occupy
any structure, building, and/or land or portions thereof in any manner
until a certificate of use and occupancy has been issued.
A. Form of application. The application for certificate of use and occupancy
shall be submitted in such form as the Zoning Officer may prescribe.
B. Issuance of certificate of use and occupancy.
(1)
The Zoning Officer shall inspect any structure, building, sign
and/or land or portions thereof and shall determine the conformity
with this chapter. If he is satisfied that the completed work is in
conformity with this chapter, any applicable building ordinances or
codes, and with the work listed in the zoning permit, he shall
issue a certificate of use and occupancy.
(2)
A certificate of use and occupancy shall be granted or refused
in writing, within 10 days from the date of application or the application
shall be deemed approved.
(3)
In zoning districts in which performance standards are imposed,
no certificate of use and occupancy shall become permanent until the
Zoning Officer has reinspected the facility and determined that it
is in compliance with all performance standards. The owner of the
facility shall request in such form as the Zoning Officer may prescribe,
that the Zoning Officer reinspect said facility. Such request shall
be made no less than 30 nor more than 45 days after the facility is
fully operating, but in no event shall such request be made more than
120 days after the certificate of use and occupancy has been issued.
The Zoning Officer shall reinspect the facility within 30 days of
receipt of such notification and he shall notify the applicant, in
writing, within 10 days thereof that:
(a)
The facility is in full compliance with all performance standards
and the certificate of use and occupancy is permanent; or
(b)
The facility does not comply with the performance standards
and that the certificate of use and occupancy is still temporary and
may be revoked if the applicant does not correct all violations. Requests
for additional reinspection and action by the Zoning Officer for correction
of violations shall follow the same procedure and requirement as described
in this section for reinspection. If the Zoning Officer fails to reinspect
a facility within 30 days of receipt of notification requesting reinspection,
the facility shall be deemed to be in full compliance with all performance
standards and the certificate of use and occupancy shall be considered
permanent without further action on the part of the applicant.
(4)
Before an occupancy permit may be issued by the Zoning Officer
for any project, construction and/or conversion within the jurisdiction
of the Pennsylvania Department of Labor and Industry, a copy of the
occupancy permit by the Pennsylvania Department of Labor and Industry
must be submitted to the Zoning Officer.
(5)
Smoke detectors. Every building to be used for human habitation,
erected after the effective date of this chapter, shall be equipped
with approved smoke detectors. A minimum of one detector for each
floor of the dwelling unit, including basement, is required.
C. Temporary certificate of use and occupancy. Upon the request of an
applicant, the Zoning Officer may issue a temporary certificate of
use and occupancy. Such temporary certificate may permit an activity
to occur in all or part of a structure before the entire work covered
by the permit has been completed.
(1)
However, such temporary certificate shall only be issued if
the applicant proves to the Zoning Officer that the activity or occupancy
can occur safely without endangering public health or safety.
(2)
The temporary certificate shall establish in writing a maximum
time period under which it is valid. A six-month maximum time period
shall apply if not otherwise specified.
(3)
Failure to receive a permanent certificate of use and occupancy
within such time period shall be a violation of this chapter.
(4)
The temporary certificate may be conditioned upon compliance
with certain specific requirements within certain time periods.
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 Board of Commissioners
or, with the approval of the Board of Commissioners, the Zoning Officer
or other officer of the Township 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, structure, 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 Township at least 30 days prior to the time the action is begun
by serving a copy of the complaint on the Board of Commissioners.
No such action may be maintained until such notice has been given.
Any person, partnership, corporation or other entity 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
$500, plus all court costs, including reasonable attorney's 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 Magisterial District Judge who has jurisdiction
over the action. 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 Magisterial District
Judge determining that there has been a violation further determines
that there was a good faith basis for the person, partnership, corporation
or other entity 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. All judgments, costs and reasonable attorney's
fees collected for the violation of this chapter shall be paid to
the Township for its general use.
Proceedings for securing review of any ordinance, decision,
determination or order of the Township Commissioners, its agencies
or officers adopted or issued pursuant to this chapter shall be in
accordance with the Pennsylvania Municipalities Planning Code, as amended.
This chapter shall not apply to any existing or proposed buildings
or extension thereof used or to be used by a public utility corporation
if, upon petition of the corporation, the Public Utility Commission
shall, after a public hearing, decide that the present or proposed
situation of the building in question is reasonably necessary for
the convenience or welfare of the public. It shall be the responsibility
of the Pennsylvania Public Utility Commission to ensure that both
the corporation and the municipality in which the building or proposed
building is located have notice of the hearing and are granted an
opportunity to appear, present witnesses, cross-examine witnesses
presented by other parties and otherwise exercise the rights of a
party to the proceedings.
The Board of Commissioners shall hear and decide applications for conditional uses specifically authorized in this chapter pursuant to the provisions of §
470-38 of this chapter. The proposed use shall comply with those criteria specifically listed in Article
V of this chapter. In addition, the proposed use must comply with all other applicable regulations of this chapter.
A zoning permit for a temporary use or structure may be issued
by the Zoning Officer for any of the following:
A. A temporary permit may be issued for customary, routine and accessory
short-term special events, provided that:
(1)
Such total events shall be limited to a maximum of 12 total
days per calendar year for all activities; and
(2)
Proof of the provision for adequate sanitary facilities acceptable
to the SEO, parking and traffic control, security, trash removal,
etc., related to the temporary use shall be provided at the time of
application for permit;
(3)
The event shall not exert a detrimental effect upon the uses
of land and activities normally permitted in the district.
B. A temporary permit may be issued for temporary storage and office
trailers that are necessary to serve on-site construction while construction
is actively underway under a valid Township permit.
C. A temporary permit may be issued for temporary sales if all the following
are met:
(1)
The property is located in a zoning district that allows sales.
(2)
The operator shall have received any business permits required
by the Township.
(3)
Any signs visible from a public street shall comply with this
chapter.
(4)
Any structure shall meet applicable setbacks.
(5)
A permit under this chapter shall be required from the Township,
which shall be displayed while the activity is open for business.
(6)
In no way shall the use or activity exert a detrimental effect
upon the uses of land and activities normally permitted in the district.
(7)
Proof of the provision for adequate sanitary facilities acceptable
to the SEO, parking and traffic control, safe sight distances, security,
trash removal, etc., related to the temporary use shall be provided
at the time of application for permit.
D. The applicant shall completely remove any structure or use authorized
by the temporary permit upon expiration of the permit without cost
to the Township.
E. Time period. The Zoning Officer shall state a reasonable maximum
time period on the temporary permit. If no time limit is stated, then
a maximum seven-day time period shall apply. A temporary permit may
be renewed for just cause.
F. An application for a temporary use or structure permit may be denied
if the Zoning Officer believes the activity would obstruct safe sight
distances.
If a use, structure or event regulated under this chapter would also be regulated by Chapter
390, Subdivision and Land Development ("SALDO"), then any permit or approval under this chapter shall automatically be conditioned upon compliance with the SALDO. (See the definitions of "land development" and "subdivision" in Article
II of this chapter.)