Township of Carroll, PA
York County
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[HISTORY: Adopted by the Board of Supervisors of Carroll Township 9-17-2002 by Ord. No. 2002-138. Amendments noted where applicable.]
The following shall be unlawful until a certificate of occupancy shall have been applied for and issued by the Township:
Occupancy in or use of a building erected, reconstructed, restored, altered, moved or any change in use of existing building.
Occupancy, use or any change in the use of land.
Any change in the use of nonconforming uses.
On a form furnished by the Township, application for a certificate of occupancy for a new building or for an existing building which has been altered shall be made after the erection of such building or part thereof has been completed in conformity with the provisions of this chapter, and in the case of a new building, shall be accompanied by an accurate plot plan.
If the proposed use is in conformity with the provisions of this chapter and all other applicable codes and ordinances, a certificate of occupancy for the use of vacant land or for change in use of a nonconforming use shall be issued by the Township within five days after receipt of a properly completed application. If the certificate of occupancy is denied, the Township shall state the reasons in writing to the applicant.
A certificate of occupancy shall be deemed authorized, and is required, for both initial occupancy and continuance of occupancy and use of the building or land to which it applies.
On written request by the owner, and upon payment of the applicable fee, the Township shall, after inspection, issue a certificate of occupancy for any building or use thereof or of land existing at the time of the adoption of this chapter, certify thereon such use and whether or not the same and the building conform to the provision of this chapter and any and all other applicable ordinances of the Township.
A record of all certificates of occupancy shall be kept by the Township and copies shall be furnished on request to any agency of the Township or to any persons having a proprietary or tenancy interest in the building or land affected.
The Board of Supervisors, by resolution, as they may from time to time require, shall set fees, payable in advance, for all applications, permits, or appeals provided for by this chapter to defray the cost of advertising, processing, inspecting, mailing notices, charges of the stenographer for taking the notes of testimony, copying applications, permits and occupancy certificates.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense.
This chapter may be enforced through an action in equity brought in the Court of Common Pleas of York County, which enforcement action may include a request for an injunction removing the person in violation of this chapter from the property or such other relief as may be deemed appropriate by the court. All costs of such equity action shall be paid by the person in violation of this chapter and may be imposed by the court as an additional penalty to those imposed above.
Any person aggrieved by the refusal of the Township to issue an occupancy permit may appeal to the Board of Supervisors for relief on forms provided by the Township and upon payment of a fee set by the Township.