[Ord. 168, 8/11/1992, § 1200; as amended by Ord. 213, 1/29/2004, Art. 12; by Ord. 231, 10/14/2008; and Ord. 276, 11/10/2015, Art. 6]
1. The provisions of this chapter shall be administered and enforced
by the Zoning Officer who shall be appointed by the Township, shall
hold no elective office in the Township, 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 §
27-1203 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 Board of Supervisors and Zoning Hearing Board, as applicable.)
D. To issue or deny requests for certificates of compliance in accordance with the procedure set forth in §
27-1204 of this chapter.
E. To examine land, buildings and structures to determine their consistency
with this chapter at the time of application filing, during the work
and upon completion of the work.
F. To post notice or pending Zoning Hearing Board hearings in accordance
with the procedures established in § 27-1103.5.B and to
post notice of proposed zoning district boundary changes as per the
requirements of § 27-1001.A.
G. To issue written enforcement notices as specified in § 27-1206.A
of this chapter where it appears that there has been a violation,
and to institute civil enforcement proceedings with the appropriate
magisterial district judge on behalf of the Township as a means of
enforcing the zoning regulations.
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. For floodplain management purposes, these documents
must be saved and kept on file in perpetuity.
J. To issue certificates of nonconformance as requested. (See also § 27-901.F
and § 27-902.B)
K. To perform such other duties as may be made necessary by the terms
of this chapter.
[Ord. 168, 8/11/1992, § 1201; as amended by Ord. 213, 1/29/2004, Art. 12; and by Ord. 240, 8/12/2009,
Art. 12]
All persons desiring to undertake any new construction, structural alteration, or change in the use of a building, structure, or land shall apply to the Township 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 Township Zoning Hearing Board or Board of Supervisors for their consideration, as applicable. After the applicant has received his zoning permit, he shall contact the Township Building Code Official and make application for a building permit. Following completion of his project, the applicant shall contact the Zoning Officer and Building Code Official for final inspections. 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, and if the Building Code Official determines that the project meets all building code requirements, he shall issue an occupancy permit thereby allowing the premises to be occupied or used. (The specifics of each step of the zoning procedure are presented in §§
27-1203 and
27-1204 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 Old Lycoming Township.
[Ord. 168, 8/11/1992, § 1202; as amended by Ord. 180, 5/4/1996, § 1; by Ord. 213, 1/29/2004,
Arts. 12 and 13; by Ord. 231, 10/14/2008; by Ord. 240, 8/12/2009, Art. 12; by Ord. 258, 7/10/2012, Art. 3; by Ord. 266, 12/10/2013, Art. 6; by Ord. 271, 11/10/2015, Art. 9;
and by Ord. 276, 11/10/2015, Art. 6]
1. Requirements for Zoning Permits.
A. A zoning permit shall be required:
(1)
Prior to the placement, erection, construction, addition, or
alteration of any building, structure, or land.
(2)
Prior to the use or change in use of a building, structure,
or land.
(3)
Prior to the erection or alteration of signs except as specified
in Part 7.
(4)
Prior to the change or extension of a nonconforming use.
(5)
Prior to the demolition or razing of any building or structure.
(6)
Prior to development in any floodplain district, except as listed
below.
B. It shall be unlawful for any person to commence work for the erection
or alteration of any building or structure, the change from one use
to another use in an existing building (regardless if structural alterations
are proposed or necessary to accommodate the change), or for a change
in the use of land, until a zoning permit has been duly issued therefor.
No zoning permit shall be issued however until all appropriate sewage,
driveway, and other related permits have first been issued for the
proposed use. (See also § 27-1203.4 below for compliance
requirements.) Upon issuance of the zoning permit, the applicant may
apply for a building permit.
C. Zoning permits shall not be required for the following activities
unless they are proposed within an identified floodplain district:
(1)
Non-commercial or non-industrial interior alterations when there
is no increase in ground floor exterior dimension and no change in
use.
(2)
General maintenance and repair to existing buildings or structures;
including siding, roofing, painting, the addition of storm windows,
and similar activities.
(3)
Land cultivation, including crop or tree farming, and/or livestock
fencing.
(4)
Landscaping, excluding retaining walls over 48 inches in height,
or clearing woodlands, excluding timber harvesting.
(5)
Construction or erection of land terraces, steps or other similar
features.
(6)
Placement or location of transmission, distribution and/or collection
lines for utilities.
2. Application for Zoning Permits. Each request for a 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 Township. 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.
The Zoning Officer shall have 30 days after receipt of an application
to issue or deny the zoning permit. Any denial shall be in writing
and shall state the reason(s) for such action.
3. Description of Work and Plan Requirements. 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.
No application shall be considered complete until all necessary documents
have been filed and all fees have been paid to the Township. 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 the Township with certificates or letters
of compliance from the proper regulatory or enforcement entity indicating
that the proposed use will comply with all requirements of this chapter
and all other applicable Federal, State or Local regulations.
5. Changes. After the issuance of a 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 the 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. The zoning permit placard 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.
7. Time Limitations. Work on the proposed construction shall commence
within six months after the date of issuance of the zoning permit
and shall be completed within 24 months after its issuance or the
permit shall expire, unless a time extension is granted in writing
by the Zoning Officer. See also time limitations established below.
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. For the purposes of
this Part, 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. See also the
definition of "start of construction" for application of the phrase
to proposed development in an identified floodplain area.
Zoning permits for the installation or erection of a fence or
for the demolition or razing of any building or structure shall be
valid for a period of one year from the date of their issuance. Time
extensions may be granted by the Zoning Officer only if a written
request is submitted by the applicant prior to the expiration of the
original permit.
8. Inspections. 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 Township laws. He shall make as many
inspections as necessary to determine this compliance.
9. Revocation of Permits. The Zoning Officer may revoke a 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 Township for whatever action they may
deem necessary.
10. Temporary Permit. A temporary zoning permit may be authorized by the Zoning Officer for a nonpermanent structure or use not generally permitted where it is deemed beneficial to the public health or general welfare, necessary to promote the proper development of the community, or for temporary accessory uses, provided that such structure or use shall be completely removed upon expiration of the permit without cost to the Township. Such permits shall be issued for a period of time not to exceed one year, and may be renewed by the Township Zoning Officer for no more than one additional one-year period, or as may be otherwise indicated in this chapter. (See also §§
27-427 and
27-428 for additional temporary use provisions.)
[Ord. 168, 8/11/1992, § 1203; as amended by Ord. 213, 1/29/2004, Art. 13]
1. Requirements for Certificates of Compliance. 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 an
certificate of compliance has been issued by the Zoning Officer. The
issuance of a certificate of compliance is not intended to guarantee
or warranty, either stated of otherwise, the soundness of any construction
not the habitability of any building or structure. The purpose of
the certificate is only to certify that the work authorized by the
zoning permit has been satisfactorily completed and the building or
proposed use thereof complies with the provisions of this chapter.
2. Issuance and Effect. The applicant shall notify the Zoning Officer
in writing upon completion of the permitted activity and the certificate
of compliance shall be issued within five days after the activity
has been inspected and approved as complying with the provisions of
this chapter and the issued permit. Once granted, the certificate
of compliance shall continue in effect so long as there is no change
of use, regardless of change in ownership, tenants or occupants. If
any part of the construction is found in violation, then the applicant
shall be notified in writing within five days of the inspection of
the deficiencies or reasons for denial.
[Ord. 168, 8/11/1992, § 1204; as amended by Ord. 271, 11/10/2015, Art. 9]
A driveway permit shall be required prior to the initiation of construction or alteration of a new or existing driveway or access drive, including a change of surface, for all drives created or existing which intersect Township roads. The individual, owner or agent creating the drive shall be responsible for supplying the Township with sufficient information regarding the proposed intersection, its sight distance, and its impact on drainage patterns along the Township road. Such permit shall be issued by the Zoning Officer after he has determined that the application complies with all provisions of §
27-803 of this chapter, regarding driveways and access drives.
Driveway permits issued by the Township for the installation
of new driveways shall be valid for a period of two years from the
date of their issuance. All other driveway permits, including those
for the modification of a driveway's surface, shall be valid for a
period of one year from the date of their issuance. Time extensions
may be granted by the Zoning Officer only if a written request is
submitted by the applicant prior to the expiration of the original
permit.
[Ord. 168, 8/11/1992, § 1205; as amended by Ord. 213, 1/29/2004, Arts. 12 and 13; and by Ord. 231, 10/14/2008]
1. Failure to secure a zoning permit when required hereunder; failure
to secure a certificate of compliance; failure to secure a driveway
permit; or failure to carry out the provisions of this chapter, shall
be considered a violation of this chapter.
A. Enforcement Notice. 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 Township, shall give written notice of such
alleged violation as hereinafter provided. Such enforcement notice
shall:
(1)
Be served upon the property owner or sent to him by certified
mail (return receipt requested).
(2)
Include the name of the owner of record and any other person
against whom the Township intends to take action.
(3)
Include the location of the property in violation.
(4)
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 this chapter.
(5)
Contain an outline of remedial action which, if taken, will
effect compliance.
(6)
Specify the time to be allotted for initial response to the
notice and specify the time to be allotted for correction or abatement
of the alleged violation.
(7)
Notify the recipient of his right to appeal to the Township
Zoning Hearing Board prior to the expiration of the time period provided
for response to the notice.
(8)
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.
In any appeal of an enforcement notice to the Township Zoning
Hearing Board, the Township shall have the responsibility of presenting
its evidence first.
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B. Causes of Action. 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 Township Zoning Officer may institute, in the name of the Township,
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.
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 Township 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 Old Lycoming
Township, pay a judgment of not more than $500 plus all court costs,
including reasonable attorney fees incurred by the Township 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 magisterial
district judge. If the defendant neither pays nor timely appeals the
judgment, Old Lycoming 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 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 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 5th 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 Old Lycoming Township.
(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 Old Lycoming Township
the right to commence any action for enforcement pursuant to this
section.
[Ord. 168, 8/11/1992, § 1206; as amended by Ord. 213, 1/29/2004, Arts. 12 and 13; and by Ord. 231, 10/14/2008]
1. Fees for the issuance of zoning permits, certificates of compliance,
driveway permits, ordinance amendments, conditional uses, special
exceptions, variances and other zoning actions shall be paid to the
Township upon filing of an application. Such fees shall be in accordance
with the schedule of fees established by separate resolution of the
Township.
2. Further, any fees paid by a party for appeal of an enforcement notice
to the Township Zoning Hearing Board, shall be returned to the appealing
party by the Township if the Zoning Hearing Board, or any court in
a subsequent appeal, rules in favor of the appealing party.