The Zoning Administrator and such assistants and subordinates
as are designated by the Board of Supervisors shall have such duties
and powers as are necessary to administer and enforce this chapter,
including but not limited to the following, which shall apply to the
Zoning Administrator and all other authorized employees:
A.
Such officials shall receive and act upon applications for zoning
permits to authorize the erection, reconstruction, alteration or repair
of and additions to buildings and structures, use certificates, construction
of foundations and other matters addressed in this chapter, and to
enforce compliance with the provisions of this chapter.
B.
Such officials shall receive and refer to the Zoning Hearing Board
all applications for variance, use on special exception and other
matters within the jurisdiction of said board.
C.
Such officials shall receive and refer to the Planning Commission
and Board of Supervisors all petitions requesting rezoning of properties.
D.
Such officials shall refer to the Board of Supervisors such other
applications or petitions as are directed to the Board of Supervisors
for action.
E.
Such officials may seek such expert opinions as the officials deem
necessary to report upon unusual technical issues that arise.
F.
Such officials shall be responsible for enforcement of this chapter.
G.
Such officials shall approve and issue a permit or certificate only
when all requirements for its issuance have been met.
H.
Where all requirements for a permit or certificate have not been
met, such officials shall in writing deny such application, with the
written denial stating the reason(s) for such denial.
I.
Where a permit or certificate has been issued in reliance upon information
submitted by the applicant that is later found to be materially untrue,
or has been issued improvidently, such officials shall have authority
to revoke such issued permit or certificate. Such revocation shall
be in writing and, shall state the reason(s) for revocation, and shall
be sent to the person to whom the permit or certificate was issued
via U.S. certified mail.
J.
Such officials shall make such investigations as they deem necessary
or appropriate in performance of their duties and shall carry proper
identification should they inspect buildings or premises in the performance
of their duties.
K.
Such officials shall issue all notices or orders necessary to act
upon applications and ensure compliance with this chapter.
L.
Such officials shall issue all stop-work orders which may be necessary
in event of violations of this chapter or of any issued permit or
certificate.
M.
Such officials are authorized to register nonconforming lots, structures
and uses.
N.
Such officials shall communicate with the building code official
retained by the Township to administer and enforce the Uniform Construction
Code, and shall receive and maintain on file reports, permits, certificates
and other documents received from said building code official. Communications
shall include all those necessary or appropriate to proper administration
of the ordinances, including but not limited to notices of violation
of the respective regulations and assistance in enforcement proceedings.
O.
Such officials shall issue all notices and pursue all actions necessary
to enforce this chapter and permits or certificates as issued.
A.
Permit requirement. An application for a zoning permit shall be submitted
to the Zoning Administrator for the following activities, and it shall
be unlawful and a violation of this chapter for any of the following
activities to commence without a zoning permit first being issued
in accordance with this article:
(2)
Construction or installation of any structure requiring a permanent
foundation under the Pennsylvania Construction Code or this chapter.
(3)
Construction or installation of an addition or alteration to
a building that creates floor space including decks and porches.
(4)
Demolition of a residential dwelling, commercial or industrial
building or structure.
(5)
Making or effecting a change of a previously authorized zoning
use of vacant land or any building or structure.
(6)
Construction or installation of swimming pools, spas or hot
tubs with a holding capacity of over 36 inches of water in depth.
(8)
Construction of any solid fence causing an area to be enclosed
of four feet or higher and all fencing required for swimming pools,
spas and hot tubs. No fence shall be placed over any public easement
or drainage easement without including in the fencing a mechanism
to permit access to emergency vehicles to respond to an emergency
or municipal access to repair or maintain any such easement that is
the responsibility of the municipality. A condition of the permit
issuance shall be that a deed or other document shall be recorded
in the Office of Recorder of Deeds that identifies the existence of
the public easement and that the fence may be damaged or removed as
a result of the easement.
(9)
Any tower or structure with a height such that it exceeds the
maximum building height for that zoning district.
(10)
Any tower or structure that requires a permit by any federal,
state or local statute or regulation.
B.
Permit exemptions. No zoning permit shall be required for the following
(however, a permit may be required under the Pennsylvania Construction
Code or other ordinance):
(1)
A roofed building or structure less than 145 square feet of
floor area and a height of less than 16 feet.
(2)
Exterior remodeling or improvement of existing buildings that
does not alter the basic structure, create additional lot area coverage
or change the use of the parcel or building.
(3)
Steps not exceeding 32 square feet.
(4)
Stoops not exceeding 32 square feet.
(5)
Chimneys not exceeding 32 square feet.
(6)
Handicap ramps (not including decks or turning radii).
(7)
Overhangs, provided they do not extend more than 24 inches beyond
the outside wall.
(8)
Ground level pads and sidewalks.
(9)
Mailboxes.
(10)
Temporary structures; i.e., those structures consisting of materials
of poles, fabric and vinyl, not exceeding 320 square feet and that
have no foundation or footing and which are removed when the designated
time period, activity or use for which it was erected has ceased,
but in no event to exceed 180 calendar days in a calendar year from
when first erected. A temporary structure of any size erected for
less than one calendar week in any calendar year shall not require
any zoning permit. Examples of temporary structures are carports,
picnic shelters and rollout portable awnings. Temporary structures
shall still meet the setback requirements of this chapter for the
district in which the temporary structure is located.
(11)
Political signs and real estate signs promoting the sale, lease, or development of property, agricultural signs, noncommercial signs, permanent signs under two square feet, temporary commercial or noncommercial signs for seasonal events or sales. For purposes of this Subsection B(11), temporary shall mean not more than six months in any calendar year.
(12)
Roof-mounted cupolas, roof-mounted wind turbines, roof-mounted
solar panels and roof-mounted antennas.
(13)
Agricultural fences used to enclose agricultural products or
agricultural animals.
C.
Form of application. The application for a zoning permit shall be
submitted in written form and must be accompanied by the fee as required
under resolution(s) adopted by the Board of Supervisors. An applicant
shall provide all documents and information required under this or
any other Fairview Township ordinance, including but not limited to
the Stormwater Ordinance, Floodplain Ordinance, Sign Ordinance, Construction
Code Ordinance, Driveway Ordinance, Coastal and Bluff Setback Ordinance,
Airport Zoning Regulation Ordinance, Subdivision Ordinance and Land
Development Ordinance.[1]
D.
By whom application made. Application for a zoning permit shall be
made by the owner, the lessee, or authorized agent of either with
written authorization from the owner to make application, or by the
building contractor or design professional employed or retained by
such owner or lessee in connection with such work. The following information
shall be provided:
(1)
The full name and address of the owner and applicant.
(2)
If the application is made by a person other than the owner
in fee of the property, it shall be accompanied by an affidavit signed
by the owner to the effect that the proposed work is authorized by
the owner in fee, that the person making such application is authorized
to do so on behalf of the owner, and that the owner shall be bound
by all representations made on the application and by all regulations
governing issuance of any permit(s).
E.
Application requirements. In addition to other requirements imposed
under this article or other ordinance of the Township, all applications
for a zoning permit shall include the following:
(1)
Description of work: a general description of the proposed work,
the location of the proposed work, the occupancy prior to and after
the proposed work of all the building and/or structure and of all
portions of the site or lot not covered by the building or structure
and such additional information as is required in this chapter.
(2)
Proper zoning: The applicant shall establish that the land is
zoned properly and may be used as proposed, and that the proposal
complies with all regulations of this chapter. No permit shall be
issued unless the use proposed is expressly permitted in this chapter
and the proposal complies with all applicable regulations absent an
adjudication of the Zoning Hearing Board authorizing such use and
construction.
(3)
Site plan: An application for a zoning permit for any building
or structure shall be accompanied by a site plan showing to scale
the actual dimensions of each lot to be built upon, the size and location
of all new construction and all existing buildings or structures on
the site, distances from lot lines, established street grades and
proposed finished grades, together with such additional information
as may be mandated by law. If the Zoning Officer determines that the
requirements of this section can be met without the requirement of
an accurate boundary line survey, none shall be required.
(a)
An application for a zoning permit proposing construction, alteration,
reconstruction or other action as to a one-family or two-family residential
dwelling shall set forth a plot plan showing the property lines, the
location of all new or proposed construction and all existing buildings
or structures on the site, distances from lot lines and such additional
information as may be mandated by law.
(b)
In cases of proposed construction activity other than one- and
two-family residential dwellings, data from approved land development
plans or plan amendments may be incorporated in the permit application
in lieu of a new site plan.
(c)
In cases of proposed construction activity involving additions
or renovations to buildings that do not require a land development
plan or amendment, the Zoning Administrator shall be authorized to
require a plot plan generally required for one- and two-family residential
dwellings when deemed necessary under the circumstances.
(d)
Where public sewer is not available, the site plan shall indicate
the location of the private sewage disposal system to serve the property.
(e)
Where public water is not available, the site plan shall indicate
the location of the private water supply to serve the property.
(f)
In the case of demolition, the site plan shall show all construction
to be demolished and the location and size of all existing buildings
and structures that are to remain on the site or lot after demolition.
(g)
The site plan as set forth in the zoning permit as issued shall
be the same as that submitted and approved for construction or other
construction permit under Ordinance 2004-2, as may be amended.[2] No deviations from the site plan included in the approved
zoning permit shall be allowed without prior written approval by the
Zoning Administrator.
(h)
Construction and/or alterations as authorized by an approved
permit shall begin within the period of 90 days of the date of issuance;
otherwise the permit is null and void. An approved zoning permit shall
be valid for a period of one year with a one year renewal, unless
the project has been phased with an approved land development plan.
(4)
Stormwater management: No zoning permit shall be issued until
the applicant complies with all requirements of the Fairview stormwater
management ordinances, which may include a grading plan submittal,
NPDES permit or a soil erosion and sedimentation permit.
(5)
Access to state highways and Township streets: No permit shall
be issued until the applicant submits to the Zoning Administrator
a highway occupancy permit issued by the Pennsylvania Department of
Transportation authorizing the access as proposed. No permit proposing
access to a Township street by a use greater than minimum traffic
volume shall be issued until such proposed access has been authorized
by the Board of Supervisors in its approval of a subdivision plan
or land development plan or otherwise.
(6)
Approvals required: No zoning permit or use certificate shall
be issued unless the applicant submits with the application written
confirmation of all required approvals of Township and other governmental
agencies prior to such construction and/or use. These may include
but are not limited to the following:
(a)
When a building or structure is to be served by public sewer,
provide a copy of the issued permit to connect to the sewer system.
(b)
When a building or structure is to be served by on-lot septic,
provide a copy of the Erie County Department of Health septic approval
for the proposed building, structure and/or use.
(c)
When a building or structure is to be served by public water
and the water mains do not abut the premises, provide written confirmation
by the water authority that it is prepared to extend such mains and
that the applicant has furnished all required applications and fees
therefore.
(d)
Subdivision and/or land development plan has been approved.
(e)
A copy of the Zoning Hearing Board's authorization for
the issuance of such permit, if applicable.
(7)
Service connections (demolition): Before a building or structure
is demolished or removed, the owner or owner's agent shall notify
all utilities having service connections within the structure. A zoning
permit authorizing the demolition or removal of a building or structure
shall require that prior to issuance of a demolition permit, the owner
shall submit to the Pennsylvania Construction Code building code official
a certification that all service utilities and adjacent property owners
have been notified of the proposed demolition and that service connections
have been removed.
(8)
Authorization for inspection: The submission of an application
for a zoning permit shall authorize the Zoning Officer and/or the
Zoning Officer's assistant, and where deemed necessary by the
Zoning Officer, the Township Engineer, to inspect the property in
the area where the project is proposed to determine that all necessary
requirements of the Township ordinances will be met if the permit
is issued. The Township and the applicant shall set the date and approximate
time of the inspection.
F.
Action on permit application. Following receipt of an application
for permit deemed complete under this section, unless waived by the
applicant, the Zoning Officer shall issue a permit within 10 business
days following said receipt. Should an application be determined to
be incomplete, the Zoning Officer shall deny the permit and issue
a notice of deficiency to the applicant no later than 10 business
days following the determination of deficiency.
G.
Conditions on permits:
(1)
A zoning permit shall authorize only the use or construction
specified on the permit and application - and no other.
(2)
A zoning permit shall not be issued until the fees prescribed
therefore have been paid.
(3)
No zoning permit or use certificate shall be issued until all
information required for its issuance has been submitted in proper
form to the Zoning Administrator.
(4)
All work shall conform to the approved application for which
the zoning permit has been issued and any approved amendments to the
approved application or permit.
(5)
All new work shall be located strictly in accordance with the
approved site plan or plot plan.
(6)
If the land subject to the proposed building, structure, renovation
and/or addition is located within a subdivision or land development
previously approved by the Board of Supervisors, the owner(s) shall
be responsible for ensuring that all grading, stormwater management,
easements, conditions and other terms imposed on the approved plan
are preserved and/or complied with during and after construction.
A new grading plan shall be required whenever a revision to the approved
grading plan is proposed.
(7)
If the applicant proposes to construct sidewalks and/or a driveway
or other street access, the owner shall be responsible for ensuring
that such sidewalks, driveway(s) and other street access are constructed
in full conformity with Township specifications.
(8)
A zoning permit shall be a license to proceed with the work
and shall not be construed as authority to violate, cancel or set
aside any of the provisions of this chapter, the Uniform Construction
Code Ordinance or any other ordinance or regulation governing the
work, except as specifically stipulated by legally granted variance
as described in the application.
(9)
No zoning permit shall be issued to any applicant or owner of
the parcel in which the owner has an existing, finally determined
Township ordinance violation related to the same project or is then
in a finally determined violation of the terms of a foundation permit,
zoning permit, construction code permit, development plan approval
or agreement, use certificate, construction code occupancy certificate
or other governmental approval related to the same project.
H.
Amendments to applications:
(1)
Amendments to a plan, application or other records accompanying
the same shall be filed at any time before completion of the work
for which the zoning permit is sought or issued.
(2)
Such amendment(s), if approved and accompanied by any required
fee, shall be deemed part of the original application and shall be
filed therewith.
A.
When required, completion of the authorized new construction, alteration,
remodeling, change of use of building or land under the provisions
of a zoning permit shall not be occupied until a zoning occupancy
permit has been issued by the Zoning Officer. Written request to the
Zoning Officer shall be processed within one week of receipt of the
request of the proposed zoning occupancy permit, provided the use
is in conformity with the provisions of this chapter and other applicable
ordinances. Zoning Officer refusal to issue a zoning occupancy permit
shall include a written statement to the applicant containing reasons
for such denial.
B.
Zoning occupancy permits are required for the following:
(1)
Occupancy of a new building.
(2)
Occupancy and use of a building hereafter moved or altered so
as to require a zoning permit.
(3)
Change in the use of an existing building other than to a use
of the same type.
(4)
Occupancy and use of vacant land.
(5)
Change in the use of land except to another use of the same
type.
(6)
Any change in the use of a nonconforming use.
C.
Zoning occupancy permits shall state that the building or the proposed
use of a building or land complies with all provisions of law and
of this chapter and all other ordinances of the municipality. They
are deemed to authorize and are required for both initial and continued
occupancy and use of the building and land so long as such building
and use is in full conformity with the provisions of the ordinance.
A.
Temporary permits are required where it is intended that a mobile,
temporary or seasonal use be located anywhere within the Township
for a very short period of time.
B.
Temporary zoning permits are required for and are limited to the
following uses and time periods:
(1)
Selling of Christmas trees in business districts or at churches,
schools, clubs and lodges, a maximum of four weeks.
(2)
Carnival, circus or street fairs, a maximum of one week.
(3)
Mobile amusements and lighting equipment for promotion, advertisement
and grand openings, a maximum of two weeks.
(4)
Camping equipment and recreational vehicles in residential districts
as provided elsewhere in this chapter.
(5)
Business and construction trailers are permitted as a special
exception by the Zoning Hearing Board with the following restrictions:
(6)
An emergency trailer may be permitted for alternate housing
due to fire, collapse, explosion or act of God for not more than one
year. The temporary permit may be extended by the Planning Commission
for a period of time upon their recommendation.
C.
No temporary zoning permit shall be issued for any temporary use
where said use would violate any of the provisions of this chapter.
Fees for zoning, temporary and zoning occupancy permits shall
be in accordance with the fees as set from time to time in a fee schedule
adopted by the Board of Supervisors.
