Borough of Waynesboro, PA Article XIII Administration and Enforcement

§ 295-122 Administration and enforcement by Zoning Officer.

The provisions of this chapter and amendments thereto shall be enforced by the Zoning Officer who shall be appointed by Borough Council and may not hold any elective office in the Borough. The Zoning Officer shall administer this chapter in accordance with its literal terms, and shall not have the power to permit any construction or any use or change of use which does not conform to this chapter. The Zoning Officer's duties shall include but not be limited to the following:

A. Receive and examine all applications for zoning permits, and issue zoning permits only for any use or change of use which conforms to this chapter.

B. Refer applications for special exceptions to the Zoning Hearing Board.

C. Issue permits for construction of uses requiring a special exception or variance only upon order of the Zoning Hearing Board.

D. Following refusal of a permit, to receive application for interpretation appeals and variances and forward these applications to the Zoning Hearing Board for action thereon.

E. Conduct inspections and surveys to determine compliance or noncompliance with the terms of this chapter.

F. Issue enforcement notices pursuant to the Municipalities Planning Code[1] and initiate civil enforcement proceedings as a means of enforcement when directed by Borough Council.

[1] Editor's Note: See 53 P.S. § 10101 et seq.

G. Keep an official record of all business and activities, including complaints of a violation of any of the provisions of this chapter and of the subsequent action taken on each such complaint. All such records shall be open to public inspection.

H. File copies of all applications received, permits issued, reports and inspections made in connection with any structure, building, or land.

I. Maintain a map or maps showing the current zoning classification of all land in the Borough.

J. Identify and register nonconforming uses and nonconforming structures when directed by the Borough Council.

K. Issue occupancy permits in accordance with the terms of this chapter.

L. Identify and register all signs whether conforming or nonconforming when directed by the Borough Council.

§ 295-123 Fees.

A. The Borough Council shall establish by resolution, a schedule of fees, charges, and expenses and collection procedures for zoning permits, occupancy permits, special exceptions variances and appeals, and other matters pertaining to this chapter. The schedule of fees shall be posted in the office of the Zoning Officer and may be altered or amended only by the Borough Council.

B. No action shall be taken on any application or appeal until all application fees, charges, and expenses have been paid in full.

§ 295-124 Zoning permits required.

A. No building, structure, sign, or driveway shall be erected, constructed, moved, added to, or structurally altered, nor shall land be put to any use or changed to another use, without a zoning permit therefore issued by the Zoning Officer unless specifically exempted by this chapter. No such permit shall be issued except in conformity with the provisions of this chapter, upon written order from the Zoning Hearing Board in the form of a special exception or variance, or as otherwise provided for by this chapter, any applicable laws or any court of competent jurisdiction.

B. All requests for zoning permits shall be made in writing by the landowner, his authorized agent or by a person to whom the owner has given written consent under an option agreement, on forms supplied by the Zoning Officer and shall be accompanied by a plan drawn to scale, showing proposed improvements in exact relation to lot and street lines. The application for a permit shall contain all information listed in § 295-26, special exception use procedures, unless otherwise specified by the Zoning Officer.

C. In the case of a change of use, as defined in this chapter, a site plan complying with the requirements of § 295-26 shall be submitted to the Borough Planning Commission to afford the Planning Commission an opportunity to comment on the proposed change of use.

§ 295-125 Zoning permits within a floodplain.

A. If any proposed construction or development is located entirely or partially within any identified floodplain area, applicants shall demonstrate compliance with all provisions of the Floodplain Management Ordinance,[1] as amended from time to time, and with the requirements listed below.

[1] Editor's Note: See Ch. 149, Flood Damage Prevention.

B. Duties and responsibilities of Floodplain Administrator. The Zoning Officer of the Borough of Waynesboro is hereby appointed to administer and enforce this chapter and is referred to herein as the Floodplain Administrator.

(1) The Floodplain Administrator shall issue a zoning permit only after it has been determined that the proposed work to be undertaken will be in conformance with the requirements of this and all other applicable codes and ordinances.

(2) Prior to the issuance of any zoning permit, the Floodplain Administrator shall review the application for the permit to determine if all other necessary government permits required by state and federal laws have been obtained, such as those required by the Pennsylvania Sewage Facilities Act (Act 1966-537, as amended), the Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended), the Pennsylvania Clean Streams Act (Act 1937-394, as amended),[2] and the United States Clean Water Act, Section 404, 33 U.S.C. § 1344. No zoning permit shall be issued until this determination has been made.

[2] Editor's Note: See 35 P.S. § 750.1 et seq., 32 P.S. § 693.1 et seq., and 35 P.S. § 691.1 et seq., respectively.

(3) In the case of existing structures, prior to the issuance of any development/permit, the Floodplain Administrator shall review the history of repairs to the subject building, so that any repetitive loss issues can be addressed before the permit is issued.

(4) During the construction period, the Floodplain Administrator or other authorized official may inspect the premises to determine that the work is progressing in compliance with the information provided on the permit application and with all applicable municipal laws and ordinances. He/she may make as many inspections during and upon completion of the work as are necessary.

(5) In the discharge of his/her duties, the Floodplain Administrator shall have the authority to enter any building, structure, premises or development in the identified floodplain area, upon presentation of proper credentials, at any reasonable hour to enforce the provisions of this chapter.

(6) In the event the Floodplain Administrator discovers that the work does not comply with the permit application or any applicable laws and ordinances, or that there has been a false statement or misrepresentation by any applicant, the Floodplain Administrator may revoke the zoning permit and report such fact to the Borough Council for whatever action it considers necessary.

C. An application for a zoning permit for construction or development within a floodplain shall be subject to the following review criteria:

(1) Issuance of zoning permit.

(a) The zoning permit shall be issued only after it has been determined that the proposed work to be undertaken will be in conformance with the requirements of this and all other applicable codes and ordinances.

(b) Prior to the issuance of any zoning permit, the Borough shall review the application for permit to determine if all other necessary governmental permits required by state and federal laws have been obtained, such as those required by the Pennsylvania Sewage Facilities Act (Act 537, as amended), the Dam Safety and Encroachment Act (Act 1978 325, as amended),[3] the United States Clean Water Act, Section 404, 33 U.S.C. § 1344, and the Pennsylvania Clean Streams Act (Act 1937 394, as amended).[4] No zoning permit shall be issued until this determination has been made.

[3] Editor's Note: See 35 P.S. § 750.1 et seq. and 32 P.S. § 693.1 et seq., respectively.

[4] Editor's Note: See 35 P.S. § 691.1 et seq.

(c) No encroachment, alteration, or improvement of any kind shall be made to any watercourse until all adjacent municipalities which may be affected by such action have been notified by the Borough and until all required permits or approvals have been first obtained from the Pennsylvania Department of Environmental Protection, Bureau of Dams and Waterway Management.

(d) In addition, the Federal Emergency Management Agency and Pennsylvania Department of Community and Economic Development shall be notified by the Borough prior to any alteration or relocation of any watercourse.

(2) Application procedure and requirements. In addition to the information and documentation ordinarily required for zoning permits, applicants shall also include the following specific information along with any application for construction or development within any floodplain district:

(a) If any proposed construction or development is located entirely or partially within any identified floodplain district, applicants for zoning permits shall provide all the necessary information in sufficient detail and clarity to enable the Borough to determine that:

[1] All such proposals are consistent with the need to minimize flood damage and conform with the requirements of this and all other applicable codes and ordinances;

[2] All utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damage;

[3] Adequate drainage is provided so as to reduce exposure to flood hazards;

[4] Structures will be anchored to prevent flotation, collapse, or lateral movement; and

[5] Building materials are flood-resistant.

[a] Appropriate practices that minimize flood damage have been used.

[b] Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities have been designed and located to prevent water entry or accumulation.

(3) Applicants shall file the following minimum information plus any other pertinent information as may be required by the Borough to make the above determination:

(a) A completed zoning permit applicant form.

(b) A plan of the entire site, clearly and legibly drawn at a scale of one inch being equal to 100 feet or less, showing the following:

[1] North arrow, scale, and date;

[2] Topographic contour lines, if available;

[3] All property and lot lines, including dimensions, and the size of the site expressed in acres or square feet;

[4] The location of all existing and proposed buildings, structures, and other improvements, including the location of any existing or proposed subdivision and land development;

[5] The location of all existing streets, drives, and other accessways; and

[6] The location of any existing bodies of water or watercourses, identified floodplain areas, and if available, information pertaining to the floodway, and the flow of water, including direction and velocities.

(4) Plans of all proposed buildings, structures and other improvements, drawn at suitable scale showing the following:

(a) The proposed lowest floor elevation of any proposed building based upon North American Vertical Datum (NAVD) of 1988;

(b) The elevation of the one-hundred-year flood;

(c) If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a one-hundred-year flood; and

(d) Detailed information concerning any proposed floodproofing measures and their corresponding elevations.

(5) The following data and documentation:

(a) When any part of a proposed structure or a substantial improvement to an existing structure is to be built below the elevation of the one-hundred-year flood, the applicant must submit a document, certified by a registered professional engineer or architect, which states that the proposed construction has been adequately designed to withstand the one-hundred-year flood elevations, pressures, velocities, impact and uplift forces associated with the one-hundred-year flood.

Such statement shall include a description of floodproofing measures, which have been incorporated into the design of the structure and/or the development.

(b) Detailed information needed to determine compliance with § 149-15, Development which may endanger human life and § 149-23G, Storage, including:

[1] The amount, location and purpose of any materials or substances referred to in §§ 149-15A and 149-23G, which are intended to be used, produced, stored or otherwise maintained on site.

[2] A description of the safeguards incorporated into the design of the proposed structure to prevent leaks or spills of the dangerous materials or substances listed in § 149-15A during a one-hundred-year flood.

(c) The appropriate component of the Pennsylvania Department of Environmental Protection Planning Module for Land Development.

(d) Where any excavation or grading is proposed, a plan meeting the requirements of the Pennsylvania Department of Environmental Protection, to implement and maintain erosion and sedimentation control.

§ 295-126 Occupancy permits required.

No building hereinafter constructed, erected, or altered under a zoning permit shall be occupied or used in whole or in part for any use whatsoever and no change of use of any building or part of a building shall hereafter be made until an occupancy permit has been issued by the Zoning Officer, indicating that the building or use complies with the provisions of this chapter. An occupancy permit shall be granted or denied within 10 days after the Zoning Officer receives notification.

§ 295-127 General zoning permit regulations.

A. Expiration of zoning permits. If the use indicated in any zoning permit is not initiated within six months from the date of issuance, said permit shall expire and shall be canceled by the Zoning Officer; and written notice thereof shall be given to the person affected.

B. Changes. No changes of any kind shall be made to the application, permit, plans, specifications, or other documents submitted with the zoning permit application following the issuance of a zoning permit without written consent or approval of the Zoning Officer/Floodplain Administrator. Requests for revisions or amendments shall be in writing and submitted by the applicant to the Zoning Officer/Floodplain Administrator for consideration.

C. Placards. In addition to the zoning permit, the Zoning Officer/Floodplain Administrator shall issue a placard which shall be displayed on the premises during the time construction is in progress. This placard shall show the number of the zoning permit, the date of its issuance and be signed by the Zoning Officer.

D. Inspection and revocation.

(1) During the construction period, the Zoning Officer/Floodplain Administrator or other authorized official may inspect the premises to determine that the work or use is progressing in compliance with the information provided on the permit application and with all applicable Borough laws and ordinances. He may make as many inspections during and upon completion of the work as are necessary.

(2) In the discharge of his duties, the Zoning Officer/Floodplain Administrator shall have the authority to enter any building, structure, premises or development, upon presentation of proper credentials, between the hours of 8:00 a.m. and 5:00 p.m. on weekdays, to enforce the provisions of this chapter.

(3) In the event the Zoning Officer/Floodplain Administrator at any time discovers that the work or use does not comply with the permit application or any applicable laws and ordinances, or that there has been a false statement or misrepresentation by any applicant, the Zoning Officer/Floodplain Administrator may revoke the zoning permit and report such fact to the Waynesboro Borough Council for whatever action it considers necessary.

(4) A record of all such inspections and violations of this chapter shall be maintained by the Zoning Officer.

§ 295-128 Notice; violations and penalties.

A. The Zoning Officer shall issue an enforcement notice to any person, firm, partnership, corporation, or other entity responsible for violating any of the provisions of this chapter, or any amendment thereto, or in violation of a detailed statement or a plan approved thereunder. If the enforcement notice is not complied within the time period set forth in said notice, unless extended by appeal to the Zoning Hearing Board, the Zoning Officer shall order the discontinuance of such unlawful use of structure, building, sign, and/or land involved in said violation or impose such other sanctions described in the enforcement notice.

B. Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this chapter, upon being found liable therefor in a civil enforcement proceeding commenced by the Borough, shall pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Borough 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. If the defendant neither pays nor timely appeals the judgment, the Borough 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 the ordinance 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 fees collected for the violation of this chapter shall be paid over to the Borough.

C. Nothing herein contained shall prevent the Borough from taking such other lawful action as is necessary to prevent or remedy any violation.