[Ord. 3/13/1995; as amended by Ord. 2016-02, 5/9/2016; and by Ord. 2016-05, 11/14/2016]
1.
The provisions
of this Chapter shall be administered and enforced by the Zoning Officer,
who shall be appointed by the Board of Supervisors and who shall hold
no elective office in the Township. Said officer shall be able to
demonstrate to the satisfaction of the Supervisors a working knowledge
of municipal zoning, and shall meet such other qualifications as the
Supervisors may, from time to time, deem necessary for the effective
implementation of the provisions of this Chapter. The Zoning Officer
may be compensated for his work and shall have the following duties:
A.
To receive
and process applications for permits, certificates, variances, 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
permits for the construction, alteration or erection of all buildings
or structures which are in accordance with the requirements of this
Chapter, within 30 days after receipt of an application for such a
permit. In cases of applications for a conditional use or a variance,
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 Zoning Hearing Board and
in certain instances (i.e., conditional uses and amendment requests),
hearings before the Township Supervisors.
D.
To refuse
applications for permits which do not meet the requirements of this
Chapter within 30 days following receipt of such application. Said
refusal shall be in writing and shall state the reasons for such action.
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 issue
or refuse requests for certificates of compliance within 10 days after
final inspection of the activity. Refusals shall be in writing and
shall state the reasons for such action.
G.
To issue
written enforcement notices as specified in §27-1505A 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 Township as a means of enforcing the zoning regulations.
Duplicate copies of such notices shall be referred to the Zoning Hearing
Board and to the Board of Supervisors.
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.
J.
To issue
preliminary opinions (in accordance with the procedure established
in §916.2 of the Pennsylvania Municipalities Planning Code, 53
P.S. §10916.2, 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.
K.
To perform
such other duties as may be made necessary by the terms of this Chapter.
L.
To perform
the duties of administration and enforcement of the most recent revision
of the floodplain regulations issued by the Federal Emergency Management
Agency (FEMA). The Zoning Officer will act as the Township Floodplain
Administrator.
(1)
Administer the floodplain regulations set forth in this Part.
(2)
Delegate duties and responsibilities set forth in the floodplain
regulations to qualified technical personnel, plan examiners, inspectors,
and other employees.
(3)
Enter into a written agreement or written contract with another agency
or private sector entity to administer specific provisions of these
regulations.
(4)
Prior to the issuance of any permit, 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);
and the U.S. Clean Water Act, Section 404, 33 U.S.C. 1344. No permit
shall be issued until this determination has been made.
(5)
Maintain in perpetuity, or for the lifetime of the structure, all
records associated with the requirements of this Chapter including,
but not limited to, finished construction elevation data, permitting,
inspection and enforcement.
(6)
Submit a biennial report to FEMA concerning community participation
in the National Flood Insurance Program.
[Ord. 3/13/1995; as amended by Ord. 2011-01, 1/3/2011; and by Ord. 2016-02, 5/9/2016]
All persons desiring to undertake any new construction, structural alteration, or change in the use of a building or land shall apply to the Zoning Officer for a zoning permit by completing the appropriate application form and by submitting the required fee. (In addition to meeting the requirements of this Chapter, the applicant shall meet all other regulations or codes in effect in Wolf Township or as may be hereafter adopted. Nothing in this Chapter shall exempt the applicant from obtaining any permits which may be required by such regulations.) The Zoning Officer shall then either issue or deny the zoning permit or refer the application to the Zoning Hearing Board or Township Supervisors for their consideration, as may be appropriate. After the applicant has received his zoning permit, he may proceed with his proposal as approved. (The specifics of each step in this process are discussed in §27-1503.)
[Ord. 3/13/1995; as amended by Ord. 2004-1, 3/8/2004; by Ord. 2011-01, 1/3/2011; and by Ord. 2016-02, 5/9/2016]
1.
Requirements
for Zoning Permits.
A.
A 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, prior to the change or extension
of a nonconforming use; or prior to development in any floodplain
district. 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 zoning permit has been duly issued therefor.
(In some instances, additional permits may also need to be obtained
prior to beginning construction or alterations.)
B.
Exemptions.
Zoning permits shall not be required for the following activities
outside of identified floodplain areas:
(1)
Interior alterations when there is no increase in ground floor exterior
dimension and no change in use.
(2)
General exterior maintenance and repair to existing buildings or
structures; including siding, roofing, painting, the addition or replacement
of storm windows, and similar activities.
(3)
Agricultural activities, including crop or tree farming.
(4)
Landscaping.
(5)
Construction or erection of land terraces, steps or other similar
features.
(6)
Placement or location of utility distribution lines.
(7)
Razing of buildings or structures.
2.
Application
for Zoning Permits. Each request for a zoning permit shall be made
by completing the appropriate application form and submitting it 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.
3.
Description
of Work and Plan Requirements. All applications for zoning permits
shall be accompanied by plans, 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. 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 or a letter from the Sewage Enforcement Officer stating
no permit is required. Also, if the Pennsylvania Department of Labor
and Industry, the 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 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.
Display
of Permit Placard. In addition to the 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 zoning permit, the date of its issuance, and
the signature of the Zoning Officer.
7.
Time Limitations. Work on the proposed construction or development shall begin within 180 days after the date of issuance of the zoning permit. Work shall also be completed within 12 months after the date of issuance of the 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 approve such a request, and the original permit is compliant with the Code and FIRM/FIS in effect at the time the extension is granted. Where such cause is determined, extensions may not exceed six months. For the purposes of this Chapter, Start of Construction refers to Part 16 – Definitions.
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. In the discharge of his duties, the
Zoning Officer shall have the authority to enter any building, structure,
premises, or development located in any zoning district, including
any identified floodplain 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 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 Supervisors 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 for no more than two additional ninety-day periods, except as may be provided otherwise in §27-429 of this Chapter for specific uses.
11.
Township
Road Occupancy Permits. A Township road occupancy permit must be issued
by the Codes Enforcement Officer prior to any construction in a Township
road or shoulder occurs. The cost of the permit is based on the schedule
of fees for highway occupancy permits from the Pennsylvania Department
of Transportation. An additional refundable charge will be assessed
for the estimated value of repairs if it becomes necessary for the
Township to return the road to its original condition. Upon final
inspection and complete satisfaction of the Codes Enforcement Officer
this deposit will be returned to the applicant.
12.
Activities
Requiring Special Permits in Floodplain Districts and Application
Requirements. In accordance with the administrative regulations promulgated
by the Department of Community and Economic Development to implement
the Pennsylvania Flood Plain Management Act, the following activities
shall be prohibited within any identified floodplain area unless a
special permit has been issued by the Township:
13.
Applicants
for Special Permits. Applicants for special permits shall provide
five copies of the following items:
A.
A written
request including a completed permit application form.
B.
A small
scale map showing the vicinity in which the proposed site is located.
C.
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)
Topography based upon the North American Vertical Datum (NAVD) of
1988, showing existing and proposed contours at intervals of two feet;
(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 streets, drives, other accessways, and
parking areas, with information concerning widths, pavement types
and construction, and elevations;
(5)
The location of any existing bodies of water or watercourses, buildings,
structures and other public or private facilities, including railroad
tracks and facilities, and any other natural and man-made features
affecting, or affected by, the proposed activity or development;
(6)
The location of the floodplain boundary line, information and spot
elevations concerning the base flood elevation, and information concerning
the flow of water including direction and velocities;
(7)
The location of all proposed buildings, structures, utilities, and
any other improvements; and
(8)
Any other information which the municipality considers necessary
for adequate review of the application.
D.
Plans
of all proposed buildings, structures and other improvements, clearly
and legibly drawn at suitable scale showing the following:
(1)
Sufficiently detailed architectural or engineering drawings, including
floor plans, sections, and exterior building elevations, as appropriate;
(2)
For any proposed building, the elevation of the lowest floor (including
basement) and, as required, the elevation of any other floor;
(3)
Complete information concerning flood depths, pressures, velocities,
impact and uplift forces, and other factors associated with the base
flood;
(4)
Detailed information concerning any proposed floodproofing measures;
(5)
Cross section drawings for all proposed streets, drives, other accessways,
and parking areas, showing all rights-of-way and pavement widths;
(6)
Profile drawings for all proposed streets, drives, and vehicular
accessways including existing and proposed grades; and
(7)
Plans and profiles of all proposed sanitary and storm sewer systems,
water supply systems, and any other utilities and facilities.
E.
The
following data and documentation:
(1)
Certification from the applicant that the site upon which the activity
or development is proposed is an existing separate and single parcel,
owned by the applicant or the client he represents;
(2)
Certification from a registered professional engineer, architect,
or landscape architect that the proposed construction has been adequately
designed to protect against damage from the base flood;
(3)
A statement, certified by a registered professional engineer, architect,
landscape architect, or other qualified person which contains a complete
and accurate description of the nature and extent of pollution that
might possibly occur from the development during the course of a base
flood, including a statement concerning the effects such pollution
may have on human life;
(4)
A statement certified by a registered professional engineer, architect,
or landscape architect, which contains a complete and accurate description
of the effects the proposed development will have on base flood elevation
and flows;
(5)
A statement, certified by a registered professional engineer, architect,
or landscape architect, which contains a complete and accurate description
of the kinds and amounts of any loose, buoyant materials or debris
that may possibly exist or be located on the site below the base flood
elevation and the effects such materials and debris may have on base
flood elevation and flows;
(6)
The appropriate component of the Department of Environmental Protection’s
“Planning Module for Land Development”;
(7)
Where any excavation or grading is proposed, a plan meeting the requirements
of the Department of Environmental Protection to implement and maintain
erosion and sedimentation control;
(8)
Any other applicable permits such as, but not limited to, a permit
for any activity regulated by the Department of Environmental Protection
under Section 302 of Act 1978-166; and
(9)
An evacuation plan which fully explains the manner in which the site
will be safely evacuated before or during the course of a base flood.
[Ord. 3/13/1995; as amended by Ord. 2011-01, 1/3/2011; and by Ord. 2016-02, 5/9/2016]
A driveway permit shall be required prior to the initiation of construction or alteration of a new or existing driveway or access drive, for all drives created or existing which intersect Township or private 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 or private road. A permit shall be issued by the Zoning Officer or Township staff after it has been determined that the application complies with all provisions of §27-1103 of this Chapter, regarding driveways and access drives. In the case of a change of surface, the permit shall be issued and inspected by Township personnel.
[Ord. 3/13/1995; as amended by Ord. 2011-01, 1/3/2011; and by Ord. 2016-02, 5/9/2016]
1.
Failure
to secure a zoning permit when required hereunder; failure to secure
a certificate of occupancy; 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 notice of such alleged violation
as hereafter provided. Such enforcement notice shall:
(1)
Be in writing.
(2)
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.
(3)
State the name of the owner of record and any other person against
whom the Township intends to take action.
(4)
Indicate the location of the property in violation.
(5)
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.
(6)
Contain an outline of remedial action which, if taken, will effect
compliance.
(7)
Specify the date before which the steps for compliance must be commenced
and the date before which the steps must be completed.
(8)
Notify the recipient of his right to appeal to the Township Zoning
Hearing Board prior to the expiration of the time period provided
in the enforcement notice.
(9)
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.
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 Supervisors at least 30 days
prior to being instituted. No such action may be maintained until
such notice has been given.
C.
Enforcement
Remedies. 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 therefor in a civil enforcement proceeding commenced
by Wolf 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 district justice. If the defendant neither pays nor timely appeals
the judgment, Wolf 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. All judgments, costs and reasonable
attorney fees collected for the violation of this Chapter shall be
paid over to Wolf Township. 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. Nothing
contained in this Section shall be construed or interpreted to grant
to any person or entity other than Wolf Township the right to commence
any action for enforcement pursuant to this Section.
[Ord. 3/13/1995; as amended by Ord. 2011-01, 1/3/2011; and by Ord. 2016-04, 11/14/2016]
Fees for the issuance of all zoning permits, certificates of
occupancy, driveway permits, ordinance amendments, conditional uses,
variance 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
Supervisors.
The fee for a zoning permit for oil and gas activities shall
be determined by the square feet for the proposed structures, buildings
or pad, multiplied by the current rate that can be found in Appendix
D – Fee Schedule Resolution.
