A.
The Township Zoning Officer shall be appointed by the Board of Supervisors
and shall not hold any elective office in the Township. The Supervisors
may also appoint one or more Assistant Zoning Officers, who may serve
under the direction of the Zoning Officer or during days or weeks
when the Zoning Officer is not available.
B.
The Zoning Officer shall administer this chapter in accordance with
its literal terms. Duties shall include:
(1)
Receive all applications and issue all zoning permits, use certificates
and certificates of nonconformance. Keep permanent record of all plans
and application for permits and all permits issued.
(2)
Issue all special exceptions and variances at the direction of the
Zoning Hearing Board.
(3)
Issue all conditional uses when authorized by the Board of Supervisors.
(4)
Identify and register nonconforming uses, structures and lots, where
an applicant requests such registration and provides adequate evidence
of a legal nonconformity.
(5)
Receive appeals and forward them to the Zoning Hearing Board.
(6)
Order, in writing, corrections of all conditions found to be in violation
of the provisions of this chapter and serve these orders in person
or by registered mail upon the person, firms or corporations deemed
by the Zoning Officer to be in violation of this chapter.
(7)
Issue a preliminary opinion in accordance with Section 916.2 of the
Pennsylvania Municipalities Planning Code.
(8)
Maintain the Township Zoning Map or maps showing the current zoning classification of all land in the Township.
(10)
Perform other duties upon written request from the Board of
Supervisors, Planning Commission and Zoning Hearing Board, and/or
as authorized by the Pennsylvania Municipalities Planning Code.
A.
Zoning permits. Note: Even if a zoning permit is not required, a
construction/building permit or other permit under state regulations
may be required. A Township driveway permit may also be needed.
(1)
A zoning permit must be obtained from the Zoning Officer prior to
the establishment, erection, enlargement, placement, expansion, moving
or demolition of any structure or use, or a change in use of a structure
or area of land, or any mineral extraction, except for the following
activities:
(a)
The placement or construction of an individual one-story completely
detached accessory building of less than 100 square feet in ground
floor area that is customarily accessory to a single-family detached
dwelling.
(b)
Alterations or general maintenance, painting and repair work
(such as replacement of building facing materials, siding, windows
or chimneys) when there is no increase in exterior building dimensions
and no change in use.
(c)
The replacement of an existing one-story detached accessory
building with a new one-story detached accessory building that is
no larger than the existing building within one year.
(e)
Placement of residential ground-level porches, landscaped terraces, first-floor entry steps, noncommercial antenna/dishes to receive television signals, and signs that are exempted from needing a permit under § 195-55 of this chapter.
(f)
Crop farming and routine accessory keeping of pets.
(g)
Extension of a roof overhangs above a building entrance.
(h)
Landscaping and construction of minor incidental structures
such as flagpoles or birdhouses.
(i)
Resurfacing of existing driveways or parking areas, provided
that the work does not adversely affect drainage, particularly along
a road. (Note: applicants should check with the Township regarding
whether a driveway permit is needed for any changes to a driveway.)
(j)
Installation of transmission, distribution, and collection lines
for utilities.
(2)
No zoning permit shall be issued until the Zoning Officer has certified
the proposed activity complies with all the provisions of this chapter,
to the best knowledge of the Zoning Officer. The Zoning Officer may
delay issuance of a zoning permit until the applicant has proven compliance
with other Township ordinances. The Zoning Officer may condition the
issuance of a zoning permit upon the applicant showing compliance
with applicable state and federal requirements, such as issuance of
a required highway occupancy permit.
(3)
No zoning permit shall be issued so long as there are any outstanding
municipal fees, penalties, or fines owed to the Township or any other
governmental entity, which are directly related to the lot for which
the zoning permit is being sought, or against which lot or property
any municipal lien has been filed and remains unsatisfied in whole
or in part.
(4)
It shall be unlawful for any person to commence regulated work prior
to the issuance of the zoning permit.
(5)
The permit application must be accompanied by a site plan drawn to
scale with sufficient detail to show compliance with this chapter.
(6)
The permit requirements of this § 195-63A are in addition to any other local, state or federal applications, permits, or licenses required by ordinance, statute or regulation, including, but not limited to, Chapters 66, 72, 87, 102, 110, 116, 146, 148, 158, 161 and 181 of the Township Code of Ordinances.
B.
Certificate of occupancy.
(1)
The Township Construction Codes require the issuance of a certificate
of occupancy before many types of buildings may be occupied. The Township
may delay issuance of a certificate of occupancy where there are outstanding
issues of compliance with this chapter.
(2)
The Township may levy an additional fee upon an applicant to cover
the Township's reasonable costs where there is a lack of compliance
with this chapter that necessitates more than one inspection by the
Zoning Officer.
C.
Hardship permits. The Zoning Officer may issue or renew a hardship permit for a period of one year, pursuant to § 195-17G, as long as all of the requirements of that subsection have been met.
D.
Permit denial for violation of Act 90 of 2010 or the Township's Code. The Zoning Officer shall deny a zoning permit, certificate of use and occupancy, hardship permit, and any other permit authorized by this chapter, to any applicant to whom a permit may be denied pursuant to the Neighborhood Blight Reclamation and Revitalization Act, Act 90 of 2010, 53 Pa.C.S.A. § 6101 et seq., or the North Codorus Township Neighborhood Blight Reclamation and Revitalization Ordinance, Chapter 69 of this Code.
E.
Revocation of permits. The Zoning Officer shall revoke, withhold
or suspend a permit or approval issued under the provisions of this
chapter in case of one or more of the following:
(1)
Any false statement or misrepresentation of fact in the application
or on the plans on which the permit or approval was based (Note: The
Pennsylvania Criminal Code provides for penalties for providing false
information to a municipal employee in the carrying out of his/her
duties);
(2)
Upon violation of any condition lawfully imposed by the Zoning Hearing
Board upon a special exception use or variance;
(3)
Any work being accomplished or use of land or structures in such
a way that does not comply with this chapter or an approved site plan
or approved permit application; and/or
(4)
For any other just cause set forth in this chapter.
A.
Failure to comply with any provision of this chapter shall be considered
a violation of this chapter.
B.
The Zoning Officer shall have the authority to institute enforcement
actions that are allowed under the Pennsylvania Municipalities Planning
Code.
C.
Actions on complaints.
(1)
Any aggrieved person may file a complaint to the Zoning Officer stating
fully the cause and basis of a violation of this chapter. The Zoning
Officer shall record such complaint, investigate, and take action
as provided herein.
(2)
Nothing herein contained shall prevent any aggrieved owner or tenant
of real property whose owned or leased property will be substantially
affected by an alleged violation from instituting, in addition to
any other remedies, any appropriate action or proceeding to prevent,
restrain, correct or abate such violation as allowed by law or in
equity. When any such action is instituted, 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 Supervisors.
D.
Enforcement notice.
(1)
The Zoning Officer shall send an enforcement notice to the owner
of record of the lot on which the violation has occurred, to any person
who has filed a written request to receive enforcement notices regarding
that lot, and to any other person requested in writing by the owner
of record and to any person against whom the Township may bring an
enforcement action regarding such violation.
(2)
The enforcement 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 date before which steps for compliance must be commenced
and that 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 15 days in accordance with procedures
set forth in this chapter.
(f)
That failure to comply with the notice within the time specified,
unless extended by an appeal to the Zoning Hearing Board, constitutes
a violation with possible sanctions as provided in this chapter.
(3)
In an appeal of an enforcement notice to the Zoning Hearing Board,
the Township shall have the responsibility of presenting its evidence
first.
E.
Enforcement action.
(1)
If the enforcement notice is not complied with promptly, the Zoning
Officer shall notify the Board of Supervisors.
(2)
The Board of Supervisors may request the Township Solicitor to institute
in the name of the Township any appropriate action or proceeding at
law or in equity to prevent, restrain, correct or abate such violation
or to require the removal or termination of the unlawful use, structure,
sign, landscaping, land or other action in violation of the provisions
of this chapter or the order.
(3)
The Board of Supervisors may also direct the Zoning Officer or Township
Solicitor to institute a civil enforcement proceeding before a District
Justice.
F.
Enforcement remedy.
(1)
Any person, partnership or corporation who has violated or permitted
the violation of the provisions of this chapter shall, upon being
found liable in a civil enforcement proceeding commenced by the Township,
pay a judgment of not more than $500 plus all court costs and expenses,
including the reasonable attorneys' fees, incurred by the Township.
No judgment shall commence or be imposed, levied or be 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 a District Justice determining that there
has been a violation further determines that there was a good-faith
basis for the person 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. All judgments, costs and reasonable attorneys'
fees collected for the violation of this chapter shall be paid over
to the Township for the general use of the Township.
(2)
The York County 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.
(3)
Nothing contained in this article 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 article.
The Board of Supervisors shall adopt by resolution or ordinance a fee schedule for applicants. No application, certificate, permit or appeal shall be processed without payment of the appropriate fee. The fee requirements of this section are in addition to any other local, state or federal fees required by ordinance, statute or regulation, including, but not limited to under Chapters 66, 72, 87, 102, 110, 116, 146, 148, 154, 158, 161, 165 and 181 of this Code of the Township of North Codorus.
