Township of North Codorus, PA Article X Administration and Enforcement

§ 195-62 Appointment and powers of Zoning Officer.

A. The Township Zoning Officer shall be appointed by the Board of Supervisors and shall not hold any elective office in the Township. The Supervisors may also appoint one or more Assistant Zoning Officers, who may serve under the direction of the Zoning Officer or during days or weeks when the Zoning Officer is not available.

B. The Zoning Officer shall administer this chapter in accordance with its literal terms. Duties shall include:

(1) Receive all applications and issue all zoning permits, use certificates and certificates of nonconformance. Keep permanent record of all plans and application for permits and all permits issued.

(2) Issue all special exceptions and variances at the direction of the Zoning Hearing Board.

(3) Issue all conditional uses when authorized by the Board of Supervisors.

(4) Identify and register nonconforming uses, structures and lots, where an applicant requests such registration and provides adequate evidence of a legal nonconformity.

(5) Receive appeals and forward them to the Zoning Hearing Board.

(6) Order, in writing, corrections of all conditions found to be in violation of the provisions of this chapter and serve these orders in person or by registered mail upon the person, firms or corporations deemed by the Zoning Officer to be in violation of this chapter.

(7) Issue a preliminary opinion in accordance with Section 916.2 of the Pennsylvania Municipalities Planning Code.

(8) Maintain the Township Zoning Map or maps showing the current zoning classification of all land in the Township.

(9) Provide forms for the following:

(a) Zoning permits.

(b) Special exceptions.

(c) Certificate of use and occupancy.

(d) Appeals.

(e) Variances.

(f) Nonconformities.

(g) Conditional uses.

(10) Perform other duties upon written request from the Board of Supervisors, Planning Commission and Zoning Hearing Board, and/or as authorized by the Pennsylvania Municipalities Planning Code.

§ 195-63 Permits.

A. Zoning permits. Note: Even if a zoning permit is not required, a construction/building permit or other permit under state regulations may be required. A Township driveway permit may also be needed.

(1) A zoning permit must be obtained from the Zoning Officer prior to the establishment, erection, enlargement, placement, expansion, moving or demolition of any structure or use, or a change in use of a structure or area of land, or any mineral extraction, except for the following activities:

(a) The placement or construction of an individual one-story completely detached accessory building of less than 100 square feet in ground floor area that is customarily accessory to a single-family detached dwelling.

(b) Alterations or general maintenance, painting and repair work (such as replacement of building facing materials, siding, windows or chimneys) when there is no increase in exterior building dimensions and no change in use.

(c) The replacement of an existing one-story detached accessory building with a new one-story detached accessory building that is no larger than the existing building within one year.

(d) Building of ponds. (Note: approval may be needed under the Stormwater Ordinance[1]).

[1] Editor's Note: See Ch. 158, Stormwater Management.

(e) Placement of residential ground-level porches, landscaped terraces, first-floor entry steps, noncommercial antenna/dishes to receive television signals, and signs that are exempted from needing a permit under § 195-55 of this chapter.

(f) Crop farming and routine accessory keeping of pets.

(g) Extension of a roof overhangs above a building entrance.

(h) Landscaping and construction of minor incidental structures such as flagpoles or birdhouses.

(i) Resurfacing of existing driveways or parking areas, provided that the work does not adversely affect drainage, particularly along a road. (Note: applicants should check with the Township regarding whether a driveway permit is needed for any changes to a driveway.)

(j) Installation of transmission, distribution, and collection lines for utilities.

(2) No zoning permit shall be issued until the Zoning Officer has certified the proposed activity complies with all the provisions of this chapter, to the best knowledge of the Zoning Officer. The Zoning Officer may delay issuance of a zoning permit until the applicant has proven compliance with other Township ordinances. The Zoning Officer may condition the issuance of a zoning permit upon the applicant showing compliance with applicable state and federal requirements, such as issuance of a required highway occupancy permit.

(3) No zoning permit shall be issued so long as there are any outstanding municipal fees, penalties, or fines owed to the Township or any other governmental entity, which are directly related to the lot for which the zoning permit is being sought, or against which lot or property any municipal lien has been filed and remains unsatisfied in whole or in part.

(4) It shall be unlawful for any person to commence regulated work prior to the issuance of the zoning permit.

(5) The permit application must be accompanied by a site plan drawn to scale with sufficient detail to show compliance with this chapter.

(6) The permit requirements of this § 195-63A are in addition to any other local, state or federal applications, permits, or licenses required by ordinance, statute or regulation, including, but not limited to, Chapters 66, 72, 87, 102, 110, 116, 146, 148, 158, 161 and 181 of the Township Code of Ordinances.

B. Certificate of occupancy.

(1) The Township Construction Codes require the issuance of a certificate of occupancy before many types of buildings may be occupied. The Township may delay issuance of a certificate of occupancy where there are outstanding issues of compliance with this chapter.

(2) The Township may levy an additional fee upon an applicant to cover the Township's reasonable costs where there is a lack of compliance with this chapter that necessitates more than one inspection by the Zoning Officer.

C. Hardship permits. The Zoning Officer may issue or renew a hardship permit for a period of one year, pursuant to § 195-17G, as long as all of the requirements of that subsection have been met.

D. Permit denial for violation of Act 90 of 2010 or the Township's Code. The Zoning Officer shall deny a zoning permit, certificate of use and occupancy, hardship permit, and any other permit authorized by this chapter, to any applicant to whom a permit may be denied pursuant to the Neighborhood Blight Reclamation and Revitalization Act, Act 90 of 2010, 53 Pa.C.S.A. § 6101 et seq., or the North Codorus Township Neighborhood Blight Reclamation and Revitalization Ordinance, Chapter 69 of this Code.

E. Revocation of permits. The Zoning Officer shall revoke, withhold or suspend a permit or approval issued under the provisions of this chapter in case of one or more of the following:

(1) Any false statement or misrepresentation of fact in the application or on the plans on which the permit or approval was based (Note: The Pennsylvania Criminal Code provides for penalties for providing false information to a municipal employee in the carrying out of his/her duties);

(2) Upon violation of any condition lawfully imposed by the Zoning Hearing Board upon a special exception use or variance;

(3) Any work being accomplished or use of land or structures in such a way that does not comply with this chapter or an approved site plan or approved permit application; and/or

(4) For any other just cause set forth in this chapter.

§ 195-64 Violations and penalties; enforcement.

A. Failure to comply with any provision of this chapter shall be considered a violation of this chapter.

B. The Zoning Officer shall have the authority to institute enforcement actions that are allowed under the Pennsylvania Municipalities Planning Code.

C. Actions on complaints.

(1) Any aggrieved person may file a complaint to the Zoning Officer stating fully the cause and basis of a violation of this chapter. The Zoning Officer shall record such complaint, investigate, and take action as provided herein.

(2) Nothing herein contained shall prevent any aggrieved owner or tenant of real property whose owned or leased property will be substantially affected by an alleged violation from instituting, in addition to any other remedies, any appropriate action or proceeding to prevent, restrain, correct or abate such violation as allowed by law or in equity. When any such action is instituted, notice of that action shall be served upon the Township at least 30 days prior to the time the action is begun by serving a copy of the complaint on the Board of Supervisors.

D. Enforcement notice.

(1) The Zoning Officer shall send an enforcement notice to the owner of record of the lot on which the violation has occurred, to any person who has filed a written request to receive enforcement notices regarding that lot, and to any other person requested in writing by the owner of record and to any person against whom the Township may bring an enforcement action regarding such violation.

(2) The enforcement notice shall state at least the following:

(a) The name of the owner of record and any other person against whom the Township intends to take action.

(b) The location of the property in violation.

(c) The specific violation, with a description of the requirements which have not been met, citing in each instance the applicable provisions of this chapter.

(d) The date before which steps for compliance must be commenced and that date before which the steps must be completed.

(e) That the recipient of the notice has the right to appeal to the Zoning Hearing Board within 15 days in accordance with procedures set forth in this chapter.

(f) That failure to comply with the notice within the time specified, unless extended by an appeal to the Zoning Hearing Board, constitutes a violation with possible sanctions as provided in this chapter.

(3) In an appeal of an enforcement notice to the Zoning Hearing Board, the Township shall have the responsibility of presenting its evidence first.

E. Enforcement action.

(1) If the enforcement notice is not complied with promptly, the Zoning Officer shall notify the Board of Supervisors.

(2) The Board of Supervisors may request the Township Solicitor to institute in the name of the Township any appropriate action or proceeding at law or in equity to prevent, restrain, correct or abate such violation or to require the removal or termination of the unlawful use, structure, sign, landscaping, land or other action in violation of the provisions of this chapter or the order.

(3) The Board of Supervisors may also direct the Zoning Officer or Township Solicitor to institute a civil enforcement proceeding before a District Justice.

F. Enforcement remedy.

(1) Any person, partnership or corporation who has violated or permitted the violation of the provisions of this chapter shall, upon being found liable in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $500 plus all court costs and expenses, including the reasonable attorneys' fees, incurred by the Township. 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, 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 a District Justice determining that there has been a violation further determines that there was a good-faith basis for the person 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 attorneys' fees collected for the violation of this chapter shall be paid over to the Township for the general use of the Township.

(2) The York County 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 article shall be construed or interpreted to grant to any person or entity other than the Township the right to commence any action for enforcement pursuant to this article.

§ 195-65 Fees.

The Board of Supervisors shall adopt by resolution or ordinance a fee schedule for applicants. No application, certificate, permit or appeal shall be processed without payment of the appropriate fee. The fee requirements of this section are in addition to any other local, state or federal fees required by ordinance, statute or regulation, including, but not limited to under Chapters 66, 72, 87, 102, 110, 116, 146, 148, 154, 158, 161, 165 and 181 of this Code of the Township of North Codorus.