Township of Vernon, PA ADMINISTRATION

A Zoning Officer shall administer and enforce this chapter in accordance with its literal terms. He/she shall be appointed by and be responsible to the Board of Supervisors, shall demonstrate to the Board of Supervisors a working knowledge of municipal zoning and shall hold no elective office in the Township.

The Zoning Officer shall receive and process applications for zoning permits and permission to occupy in accordance with this chapter and shall not permit any construction or any use or change of use which does not conform to this chapter.

The Zoning Officer shall investigate alleged violations and take action in accordance with § 27-904 of this chapter. He/she shall also testify before the Zoning Hearing Board on contested decisions he/she has made or when otherwise called to testify.

All questions of interpretation of this chapter shall be first presented to the Zoning Officer, who shall make a decision thereon. Such questions shall be considered by the Zoning Hearing Board only on appeal from the Zoning Officer's decision.

In addition, the Zoning Officer shall represent the Township at hearings before the District Magistrate (see § 27-904), shall maintain public files of all permits issued and applications processed, shall attend meetings of the Supervisors to provide a monthly report of his activities (see § 27-902, Subsection 9), shall examine permitted work in progress (see § 27-902, Subsection 5) and may, at the discretion of the Board of Supervisors, prepare and maintain a record of nonconforming uses (see § 27-704).

§ 27-902 Zoning Permits.

[Ord. 2009-01, 4/2/2009, § 902]

No buildings or structures including a manufactured home or a sign shall be erected, moved or enlarged unless a zoning permit for such action has been issued by the Zoning Officer.

Permits shall be required only for the following:

(1)

Any new building or structure except for the erection of a farm building with an area on the ground of less than 600 square feet if not in a flood hazard area.

(2)

Any structural alteration to an existing building or structure that increases the volume.

(3)

Any swimming pool as defined in § 27-508, Subsection 5.

(4)

Any sign requiring a permit as indicated in § 27-512.

(5)

Any paved surface whose area exceeds 600 square feet.

(6)

The removal of a building.

(7)

Development, as defined in Part 2, within a flood hazard area.

Once a permit has been issued by the Zoning Officer, anyone aggrieved by that action may, within 30 days thereafter, appeal the action to the Zoning Hearing Board.

An application for a zoning permit shall include the following in duplicate on forms provided by the Zoning Officer. A site plan may be waived by the Zoning Officer if the application includes no construction outside the existing buildings on the lot.

A site plan drawn to scale showing the location of the proposed new construction on the property relative to property boundaries and abutting streets with distances indicated; the location of driveway entrances, signs and off-street parking areas noting the arrangement and number of spaces; method of collecting and draining stormwater runoff and any grading contemplated.

A statement describing the proposed use of the new construction and the length, width and height of its components as well as the number of dwellings and/or commercial units to be included, if applicable.

Affidavit of the applicant that all information provided is true and correct to the best of his knowledge.

Highway occupancy permit if access to property is from a state highway. Access from a Township road may also require a permit. Contact the Road Master.

Such additional information as the Zoning Officer may require securing conformance with other Township ordinances.

Letters from the Township's water and sewer authorities noting that all plans have been approved and fees paid.

If the application is not satisfactory, the Zoning Officer shall return one copy of the application together with a letter indicating the specific reasons why the application cannot be approved.

The Zoning Officer may from time to time visit the property whereon the approved construction is taking place in order to assure himself that the work is proceeding in accordance with the zoning permit. The Zoning Officer shall not be denied access to the property during working hours in order to inspect the construction in progress and may order the work corrected to conform to the permit or halted pending appeal to the Zoning Hearing Board.

If an applicant wishes to amend the use, arrangement or construction of his building from that shown on the permit after the permit is approved; he/she shall file with the Zoning Officer an application for an amended zoning permit.

A zoning permit shall become void if after six months from the date of issue construction has not commenced and been vigorously pursued. The life of a zoning permit shall be one year from the date of issue. Permits may be extended for not more than one additional year on large projects or where the applicant can prove to the Zoning Officer a hardship exists making it impossible to complete the project in one year. Once a permit has become void a replacement permit may be obtained in the same manner as for the original permit. The replacement permit shall be for the uncompleted part of the project. No work shall be done after a permit has become void and before a replacement permit has been issued.

A permit shall be required for the removal of any building or part of any building on a permanent foundation. The applicant shall be responsible for backfilling any excavation created by the razing and for the removal of all debris on the lot within 60 days after the issuance of the permit.

The Zoning Officer shall keep records of all applications either approved or disapproved; including one copy of each permit issued, shall maintain a journal of his activities and shall submit a monthly report and an annual summation report to the Board of Supervisors detailing building activity in the Township during the preceding year.

Failure of a developer to secure a zoning permit prior to commencing construction shall result in a fee for the permit being double the amount indicated in the schedule of fees listed in § 27-906.

§ 27-903 Permission to Occupy.

[Ord. 2009-01, 4/2/2009, § 903]

Before a building may be occupied or before the use of a property or structure can be changed or a property occupied without the need of a zoning permit, the owner shall secure the approval of the Zoning Officer in writing. Such approval shall be required also whenever additional dwelling units are being installed in a structure, a home occupation is introduced or changed or commercial or industrial premises are converted to a second commercial or industrial use. It shall be the responsibility of the building owner to request the occupancy certificate from the Zoning Officer.

If the Zoning Officer, upon inspection, finds the premises to have been developed in violation of any of the conditions of the zoning permit or occupied in violation of any of the terms of this chapter, he/she shall order the violations corrected to conform to the zoning permit and or to the conditions of this chapter and shall not issue an occupancy permit until satisfied these corrections have been made.

The owner shall be responsible for the use of his property even though he/she leases it to others and for securing the necessary occupancy permission if needed.

§ 27-904 Enforcement and Penalties.

[Ord. 2009-01, 4/2/2009, § 904]

If the Zoning Officer finds any provisions of this chapter are being violated, such as the operation of an illegal use or the locating of a structure illegally on a lot, he/she shall notify the owner of the property upon which the alleged violation is occurring by mail with a copy to the Township Secretary.

The notice shall indicate the suspected violation, citing specific sections of this chapter, the action necessary to correct the violation within 30 days or less and the owner's appeal procedure.

At the end of the period within which the violation is to be corrected, the Zoning Officer shall inspect the property to determine if the violation has been removed. Unless the owner has appealed to the Zoning Hearing Board to reverse the Zoning Officer's decision, modify it or grant a time extension, the Zoning Officer shall take the owner before the district magistrate, who, if he/she finds the owner guilty, shall assess penalties and/or order appropriate action in accord with Subsection 4 below.

Continuation of a violation beyond the period within which it is to be corrected without an appeal having been filed shall constitute a civil offense. While an appeal is in process, development shall not continue on the contested portion of the project. 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 therefore in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $500 plus all court costs, including reasonable attorneys' 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 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 the District Justice 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 district justice, and thereafter each day that a violation continues shall constitute a separate violation.

The owner or tenant of any structure, premises or part thereof and any architect, engineer, builder, contractor, agent or other person who commits, participates in, assists in or maintains a violation may each be found guilty of a separate offense and suffer the penalties herein provided.

Nothing herein contained shall prevent the Township from taking such other lawful action as is necessary to prevent or remedy any violation or to bring action to enjoin any violation of this chapter.

§ 27-905 Amendment of This Chapter.

[Ord. 2009-01, 4/2/2009, § 905]

An amendment of this chapter may be initiated by the Planning Commission, by the Board of Supervisors or by petition presented to the Planning Commission by a property owner or owners or by a person or corporation who or which has an option to purchase a property in the Township. The proposed amendment or petition shall be written as proposed to be adopted. Revisions to the zoning map shall be specified in writing citing particular boundaries including bearings and distances.

The Planning Commission shall review an amendment petition or a proposal by the Board of Supervisors and prepare recommendations to the Board not later than the Commission's second regular meeting after receiving the proposal. The Commission may recommend approval of the proposal as presented, approval with specific changes or rejection. If the proposal is made by the Board of Supervisors, the Board shall allow the Commission at least 30 days to review and comment on the proposal before taking action. The Planning Commission may call and hold a public hearing if it determines that the amendment proposal requires additional testimony.

The Board of Supervisors shall call and hold a public hearing after reviewing the Commission's recommendations. In addition, the Board shall send the proposal to the Crawford County Planning Commission for review and comment at least 30 days before the hearing.

The Board of Supervisors shall advertise for its hearing twice in a newspaper of general local circulation once in each of two consecutive weeks, the first notice not more than 30 days and the second notice not less than seven-day before the hearing. The notice shall contain the full text of the amendment or a summary reference to a place and times where and when the amendment may be examined free of charge before the hearing and the date, time, place and purpose of the hearing.

In addition, where a change of zoning district boundary is sought, the property or group of properties affected shall be posted in at least one conspicuous location not less than seven days before the hearing with the same information as in the hearing advertisement. Owners of real property within the boundaries of an area proposed for a change of zoning classification (per tax records) shall be informed by mail at least 30 days before the hearing with the same information.

The Board of Supervisors shall hold the hearing, keeping a written or sound record of the testimony and shall make a decision by majority vote to adopt or reject the amendment within 90 days after the hearing. Within 30 days thereafter the Board shall submit a copy of the adopted ordinance to the County Planning Commission.

If an amendment is substantially revised after the hearing, or zoning district boundaries are further altered, the Board shall hold another hearing on the revisions before taking action.

If a landowner submits a curative amendment under the provisions of the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended, the Board of Supervisors shall call and hold a public hearing within 60 days of receiving the petition and shall proceed as for any other amendment petition. If the Board declares all or part of this chapter invalid, it shall not be required to receive a curative amendment during the period of the ordinance review but shall, within 30 days of its declaration, make a statement of the specific deficiencies it proposes to correct and shall, within 180 days thereafter, either adopt its curative amendment after public hearing or reaffirm the validity of the ordinance as it was prior to the declaration. Such action by the Board may not again be taken for at least three years after deciding on a previous municipal curative amendment.

Appeal from a decision of the Board of Supervisors on an amendment proposal shall be to the Zoning Hearing Board.

10.

If a petition for amendment of this chapter is denied by the Board of Supervisors, another petition for a similar change shall not be filed within a period of one year from the date of denial except upon the initiation of the Board of Supervisors based upon a change in circumstances which would warrant a rehearing.

§ 27-906 Schedule of Fees.

[Ord. 2009-01, 4/2/2009, § 906]

The Board of Supervisors shall establish by resolution a schedule of fees to cover the costs of permits, conditional use approvals, petitions to amend the ordinance, or any action brought before the Zoning Hearing Board.

The current fee schedule shall be available at the office of the Township Secretary and may be amended only by official resolution of the Board.

No permit shall be issued nor any action taken on proceedings before the Board of Supervisors or the Zoning Hearing Board until the appropriate fee has been paid in full.