[Ord. 8-1994, 12/12/1994, § 1200; as amended by
Ord. 6-2007, 10/8/2007]
The provisions of this chapter shall be administered and enforced
by the Zoning Officer who shall be appointed by the Borough Council,
shall hold no elective office in the Borough, may be compensated for
his work and shall have the following duties:
A.
To receive and process applications for permits, certificates, variances,
special exceptions, conditional uses, appeals and other applications
required under the terms of this chapter.
B.
To prescribe the form of all applications, permits and certificates
required under the terms of this chapter.
C.
To issue or deny applications for zoning permits in accordance with
the procedure set forth in § 1203 of this chapter. In cases
involving a request for a conditional use, a special exception, or
a variance, zoning permits shall be issued only upon written order
of the appropriate approving agency. (It shall be the responsibility
of the Zoning Officer to process requests for hearings before the
Borough Council and the Zoning Hearing Board, as applicable.)
D.
To issue or deny requests for certificates of compliance in accordance
with the procedure set forth in § 1204 of this chapter.
E.
To examine land, buildings and structures to determine their compliance
with this chapter at the time of application filing, during the work
and upon completion of the work.
G.
To issue written enforcement notices as specified in § 1205(A)
of this chapter where it appears that there has been a violation,
and to institute civil enforcement proceedings with the appropriate
district justice on behalf of the Borough as a means of enforcing
the zoning regulations. Duplicate copies of such notices shall be
referred to the Zoning Hearing Board and to the Borough Council.
H.
To maintain and update the official Zoning Map.
I.
To maintain a log of all applications, permits or certificates issued,
variances granted, inspections made, reports rendered and notices
or orders issued.
K.
To present facts, records, and other information to the Borough Council
and/or Borough Planning Commission, upon request of such body, as
will assist them in their deliberations of specific applications.
L.
To present to the Zoning Hearing Board, in each case before the Board,
all relevant facts and arguments to support the Borough's position,
interpretation, and procedures in the application of the provisions
of this chapter.
M.
To issue preliminary opinions (in accordance with the procedure established
in § 916.2 of the Pennsylvania Municipalities Planning Code)
regarding whether a landowner's proposed use or development complies
with applicable ordinances and maps based on plans and other materials
submitted by the landowner, and if such opinion is favorable, to publish
notice thereof once each week for two successive weeks in a newspaper
of general, local circulation. Such notice shall include a general
description of the proposed use or development, its location, and
the places and times where the plans and other materials may be examined.
N.
To perform such other duties as may be made necessary by the terms
of this chapter.
[Ord. 8-1994, 12/12/1994, § 1201; as amended by
Ord. 6-2007, 10/8/2007]
All persons desiring to undertake any development, new construction,
structural alteration, or change in use of a building, structure,
or land shall apply to the Borough Zoning Officer for a zoning permit
by completing the appropriate application form and submitting the
required fee. The Zoning Officer shall then either issue or deny the
zoning permit or refer the application to the Borough Zoning Hearing
Board or Borough Council for its consideration, as applicable. After
the applicant has received a zoning permit, he shall contact the Borough
Building Code Official and make application for a building permit.
Following completion of his project, the applicant shall apply to
the Zoning Officer for a certificate of compliance. If the Zoning
Officer finds that the project has been completed in accordance with
the terms of the zoning permit, he shall issue a certificate of compliance,
after which the Building Code Official shall inspect the project and
issue or deny an occupancy permit allowing the premises to be occupied
or used. (The specifics of each step of the zoning procedure are presented
in §§ 1203 and 1204 below.) Nothing in this chapter
shall exempt the applicant from obtaining any Permits which may be
required by other regulations or codes in effect in Hughesville Borough.
[Ord. 8-1994, 12/12/1994, § 1202; as amended by
Ord. 6-2007, 10/8/2007]
1.
Requirements for Building/Zoning Permits. A building/zoning permit
shall be required prior to the erection, construction, addition or
alteration of any building or structure or portion thereof; prior
to the use or change in use of a building, structure or land; prior
to the erection or alteration of signs, except as specified in Part
7; prior to the change or extension of a nonconforming use; or prior
to development in the 100-Year Floodplain District; except as listed
below. It shall be unlawful for any person to commence work for the
erection or alteration of any building or structure, or for a change
in land use, until a building/zoning permit has been duly issued therefore.
(In some instances, additional permits may also need to be obtained
prior to beginning construction or alterations.)
A.
Exemptions. Zoning permits shall not be required for the following
activities unless they are proposed to be located within a floodplain
district:
(1)
Alterations when there is no increase in gross floor area and no
change in use.
(2)
General maintenance and repair to existing buildings or structures;
including siding, roofing, painting, the addition and/or replacement
of storm windows and similar activities.
(3)
Land cultivation activities, including crop or tree farming.
(4)
Landscaping.
(5)
Construction or erection of land terraces, steps or other similar
features.
(6)
Razing of buildings or structures. (See Borough demolition permit
requirements.)
2.
Application for Zoning Permits.
A.
Each request for a building/zoning permit shall be made by completing
the appropriate application form obtained from the Zoning Officer
and submitting it, along with the required fee, to the Borough. Application
for a permit shall be made by the owner or lessee of any building
or structure, or the agent of either; provided, however, that if the
application is made by a person other than the owner, it shall be
accompanied by a written authorization from the owner. The full names
and addresses of the owner, lessee, applicant or other responsible
parties shall be stated in the application. No application shall be
considered complete until all necessary documents have been filed
and all fees have been paid to the Borough.
B.
The Zoning Officer shall have 15 days after receipt of an application
to issue or deny requests for a zoning permit. Any denial shall be
in writing and shall state the reason(s) for such action.
3.
Description of Work and Plan Requirements.
A.
All applications for zoning permits shall be accompanied by plans,
in duplicate, drawn to scale, showing the actual shape and dimensions
of the lot, the exact size and location of any buildings existing
on the lot, the lines within which the proposed building or structure
shall be erected or altered, the existing and intended use of each
building or part of a building, the number of families or dwelling
units the building is designed to accommodate and such other information
as may be necessary to determine compliance with this chapter and
all other pertinent regulations.
B.
One copy of the plans will be returned to the applicant when such
plans have been approved by the Zoning Officer. All applications and
accompanying plans and documents shall become a matter of public record
once a permit has been either issued or denied.
4.
Proof of Compliance. It shall be the responsibility of the applicant
in all cases to furnish adequate information and to certify that the
proposed use will comply with all requirements of this chapter and
all other applicable federal, state or local regulations. Included
in the information shall be a copy of a sewage permit when one is
necessary. Also, if Labor and Industry, Department of Transportation,
or other regulatory agency requirements apply, the applicant shall
supply evidence which shows that these regulations have been met.
5.
Changes. After the issuance of a building/zoning permit by the Zoning
Officer, no changes of any kind shall be made to the application,
permit or any of the plans, specifications or other documents submitted
with the application without written approval of the Zoning Officer.
Requests for any such change shall be made in writing and shall be
submitted to the Zoning Officer for consideration.
6.
Posting of Permit Placard. In addition to the building/zoning permit,
the Zoning Officer shall issue a permit placard which shall be displayed
or posted on the premises during the time construction is in progress.
The permit placard shall remain posted until completion of the project
and final inspection has been made by the Zoning Officer. Said placard
shall bear the number of the building/zoning permit, the date of its
issuance, and the signature of the Zoning Officer.
7.
Time Limitations.
A.
Work on the proposed construction shall be completed within 18 months
after the date of issuance of the building/zoning permit or the permit
shall expire, unless a time extension is granted in writing by the
Zoning Officer. Time extensions may be granted only if a written request
is submitted by the applicant which sets forth sufficient and reasonable
cause for the Zoning Officer to grant such a request. Where such cause
is determined, annual time extensions may be granted for an aggregate
period of not more than two years.
B.
For the purposes of this chapter, construction and/or development
shall be considered to have started with the preparation of land,
including land clearing, grading, filling, excavation for basement,
footers, piers or foundations, erection of temporary forms, the installation
of pilings under proposed subsurface footers or the installation of
sewer, gas and water pipes, or electrical or other service lines from
the street.
8.
Inspections.
A.
During the construction period, the Zoning Officer shall inspect
the premises to determine that the work is progressing in compliance
with the information provided on the permit application and with all
other applicable Borough laws. He shall make as many inspections as
necessary to determine this compliance.
B.
In the discharge of his duties, the Zoning Officer shall have the
authority to enter any building, structure, premises or development
in any zoning district, upon presentation of proper credentials, at
any reasonable hour, to enforce the provisions of this chapter.
9.
Revocation of Permits. The Zoning Officer may revoke a building/zoning
permit at any time if it appears that the application or accompanying
plan is in any material respect false or misleading or that work being
done upon the premises differs materially from that called for in
the application. In such case, the person holding the permit shall
immediately surrender it to the Zoning Officer. A report of such revocation
shall also be submitted to the Borough Council for whatever action
they may deem necessary.
10.
Temporary Permit. A temporary building/zoning permit may be authorized by the Zoning Officer for a nonpermanent building, structure or use not generally permitted where it is deemed beneficial to the public health or general welfare, or necessary to promote the proper development of the community; provided, that such building, structure or use shall be completely removed upon expiration of the permit without cost to the Borough. Such permits shall be issued for a period of time not to exceed one year, and may be renewed for no more than two additional ninety-day periods, except as may be provided otherwise in § 426 of this chapter for specific uses.
[Ord. 8-1994, 12/12/1994, § 1203; as amended by
Ord. 6-2007, 10/8/2007]
1.
Requirements for Certificates of Compliance.
A.
No land shall be occupied or used and no building hereafter erected,
altered or extended shall be used in whole or in part or shall be
changed in use until a certificate of compliance has been issued by
the Borough Zoning Officer. Such requirement shall include proposals
to change one use to another use in an existing building (regardless
of if structural alterations are proposed or necessary to accommodate
the change).
B.
The issuance of a certificate of compliance is not intended to guarantee
or warranty, either stated or otherwise, the soundness of any construction
nor the habitability of any building or structure. The purpose of
this certificate is only to certify that all work authorized by the
zoning permit has been satisfactorily completed and that the building
or proposed use thereof complies with the provisions of this chapter.
2.
Issuance and Effect. The applicant shall notify the Zoning Officer
upon completion of the permitted activity, and the Zoning Officer
shall inspect the construction or change of use within 10 days of
the notification. The Zoning Officer shall then issue or deny the
certificate within 10 days after the last inspection thereof. If the
Zoning Officer is satisfied that the work has been completed in accordance
with the issued zoning permit and is in compliance with the provisions
of this chapter, then the certificate of compliance shall be issued.
If, however, any part of the construction is found in violation, the
certificate shall be denied, and the applicant shall be notified in
writing of the deficiencies or the reasons for denial of the certificate.
Once granted, the certificate shall continue in effect so long as
there is no change of use, regardless of change in ownership, tenants
or occupants.
[Ord. 8-1994, 12/12/1994, § 1204; as amended by
Ord. 6-2007, 10/8/2007]
Failure to secure a building/zoning permit when required hereunder
or failure to secure a certificate of occupancy or failure to carry
out the provisions of this chapter, shall be considered a violation
of this chapter.
A.
Enforcement Notice.
(1)
Whenever it appears to the Zoning Officer that there has been a violation
of any provision of this chapter, the Zoning Officer, on behalf of
the Borough, shall give notice of such alleged violation as hereinafter
provided. Such enforcement notice shall:
(a)
Be in writing.
(b)
Be served upon the owner of record of the parcel upon which
the violation has occurred or be sent to him by certified mail (return
receipt requested), and be sent to any person who has filed a written
request to receive enforcement notices regarding the parcel, and to
any other person requested in writing by the owner of record.
(c)
State the name of the owner of record and any other person against
whom the Borough intends to take action.
(d)
Include the location of the property in violation.
(e)
Identify the specific violation(s) with a description of the
requirements which have not been met, citing in each instance the
applicable provision(s) of the chapter.
(f)
Contain an outline of remedial action which, if taken, will
effect compliance.
(g)
Specify the date before which the steps for compliance must
be commenced and the date before which the steps must be completed.
(h)
Notify the recipient of his right to appeal to the Borough Zoning
Hearing Board prior to the expiration of the time period provided
in the enforcement notice.
(i)
Indicate that failure to comply with the notice within the time
specified, unless extended by appeal to the Zoning Hearing Board,
shall constitute a violation and will be prosecuted or remedied as
provided in this section.
(2)
In any appeal of an enforcement notice to the Borough Zoning Hearing
Board, the Borough shall have the responsibility of presenting its
evidence first.
B.
Causes of Action.
(1)
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 Borough Zoning Officer may
institute in the name of the Borough, any appropriate action or proceeding
to prevent, restrain, correct, or abate such building, structure,
landscaping or land, or to prevent any action, conduct, business or
use in or about such premises constituting a violation.
(2)
Any aggrieved owner or tenant of real property who shows that his
property or person will be substantially affected by the alleged violation
may also institute an appropriate corrective action or proceeding.
Such action must be preceded however by serving a copy of the complaint
on the Borough Council at least 30 days prior to being instituted.
No such action may be maintained until such notice has been given.
C.
Enforcement Remedies.
(1)
Any person, partnership or corporation who or which has violated
or permitted the violation of the provisions of this chapter, whether
enacted under current law or prior law, shall, upon being found liable
therefore in a civil enforcement proceeding commenced by Hughesville
Borough, 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 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,
Hughesville 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 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
the 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
attorney fees collected for the violation of this chapter shall be
paid over to Hughesville Borough.
(2)
The 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 section shall be construed or interpreted
to grant to any person or entity other than Hughesville Borough the
right to commence any action for enforcement pursuant to this section.
[Ord. 8-1994, 12/12/1994, § 1205; as amended by
Ord. 6-2007, 10/8/2007]
1.
Fees for the issuance of building/zoning permits, certificates of
occupancy, ordinance amendments, conditional uses, special exceptions,
variances and other zoning actions shall be paid to the Borough upon
filing of an application. Such fees shall be in accordance with the
schedule of fees established by separate resolution of the Borough
Council.
2.
Further, any fees paid by a party for appeal of an enforcement notice
to the Borough Zoning Hearing Board shall be returned to the appealing
party by the Borough if the Zoning Hearing Board, or any court in
a subsequent appeal, rules in favor of the appealing party.
