Zoneomics Logo
search icon

Antrim Township City Zoning Code

ARTICLE XV

ADMINISTRATION AND ENFORCEMENT

150-83 APPOINTMENT AND POWERS OF ZONING OFFICER.

   A.   For the administration of this chapter, a Zoning Officer, who shall not hold any elective office in the Township, shall be appointed.
   B.   The Zoning Officer shall meet the qualifications established by the Township and shall be able to demonstrate to the satisfaction of the Township a working knowledge of municipal zoning.
   C.   The Zoning Officer shall administer this chapter in accordance with its literal terms and shall not have the power to permit any construction or any use or change of use which does not conform to this chapter.
   D.   The Zoning Officer is hereby authorized to institute civil enforcement proceedings as a means of enforcement when acting within the scope of his or her employment.
   E.   The Zoning Officer or his or her duly authorized assistant(s) shall have the right to enter any building or enter upon any land at any reasonable hour as necessary in the execution of his or her duties, provided that:
      (1)   The Zoning Officer shall notify the landowner and tenant before conducting any inspections.
      (2)   The Zoning Officer or his or her duly authorized assistant(s) shall display identification signed by the Township Supervisors upon commencing an inspection.
      (3)   Inspections shall be commenced in the presence of the landowner or his or her representative or tenant.
   F.   The Zoning Officer shall maintain files, open to the public, of all applications for certificates of occupancy and permits along with plans submitted therewith as well as final certificates and permits.
   G.   The Zoning Officer shall also maintain records, open to the public, of every complaint of a violation of the provisions of this chapter as well as action taken as a result of such complaint.
   H.   The Zoning Officer shall submit to the Township Supervisors for insertion in the Supervisors minutes, a written report summarizing for the month all land use permits issued by him or her as well as complaints of violations and action taken as a result of such complaints.

150-84 PERMITS.

   A.   Land Use Permits
      (1)   No building or structure in excess of one-hundred (100) square feet, in any district, shall be placed, erected or structurally altered without a land use permit duly issued upon application to the Township. No land use permit shall be issued unless the proposed construction or use is in full conformity with all provisions of this chapter and all other Township ordinances. Any land use permit issued in violation of the provisions of this chapter shall be null and void and of no effect, and any work undertaken or use established pursuant to any such permit shall be unlawful.
      (2)   No land use permits shall be issued for the construction or alteration of any building upon a lot without legal access to a street or highway.
      (3)   No land use permit shall be issued for a structure in any district where such structure or use is allowed only by approval of the Zoning Hearing Board unless and until such approval has been duly granted by the Zoning Hearing Board.
      (4)   The Township shall, within fifteen (15) days after the filing of a complete and properly prepared application, either issue or deny a land use permit. If a land use permit is denied, the Township shall state in writing to the applicant the reasons for such denial.
      (5)   A hand sketch of the property shall be submitted showing the location of all buildings and drives on the property, the property s road frontage and the location of the proposed improvement. Dimensions from the side and rear property line to the closest point of the improvement must be shown as well as the distance from the center of the road(s) to the closest point of the improvement. Such drawing is not needed if the improvement is within the existing footprint of the building or structure.
      (6)   A copy of the water, sewer, or septic permit shall be submitted along with such land use application prior to issuance.
      (7)   All Township land use permits issued pursuant to this article shall be valid for 18 months. Land use permits for construction in excess of one million dollars ($1,000,000) shall be valid for thirty-six (36) months. Two (2) extensions may be granted, each for an additional eighteen (18) or thirty-six (36) months determined by the original construction cost as long as reasonable cause is shown. Extension requests shall be made in writing.
      (8)   An as built survey shall be completed for all new residential dwellings, new commercial structures or industrial structures. Such surveys shall show all information as required by the Township and be signed and sealed by a surveyor licensed in the state of Pennsylvania.
      (9)   Land Development Plans.
         (a)   Any developer of a single tract of land for any of the following reasons shall be required to present a land development plan for review and approval by Antrim Township:
            [1]   Multifamily residential purposes.
            [2]   Commercial.
            [3]   Industrial.
            [4]   Agricultural buildings of ten thousand (10,000) square feet or more.
            [5]   Changing, altering or modifying a dwelling, single-family detached (house), into a dwelling, multifamily or dwelling, single-family semidetached (duplex) or dwelling, single-family attached (townhouse) or dwelling, group.
         (b)   The land development plan shall be prepared in accordance with all subdivision/land development requirements for a final plan. When a land development plan is required, the review time for the developer s fully completed land use permit application shall commence after Board of Supervisors final action on the land development plan. Land development plans shall be reviewed in accordance with the Subdivision/Land development Chapter.
   B.   Zoning Permit.
      (1)   No use shall commence within the Township without first obtaining a Zoning Permit to ensure that such use is permitted in that zoning district and that such location complies with all applicable regulations for such use.
      (2)   Any change of use on a property or within a structure requires a zoning permit to be obtained before any change shall occur. Such change shall comply with all regulations of the Township.
      (3)   A hand sketch of the property shall be submitted upon request from the Township showing at a minimum the location of all buildings, parking areas including the number of parking spaces, drives on the property, the property s road frontage and the location of the proposed improvement.
      (4)   All fees that may apply to such use or change of use shall be paid in full prior to issuance of the Zoning Permit.
      (5)   Any improvements determined to be needed for such use to comply with regulations shall obtain proper approvals before the Zoning Permit can be issued.
      (6)   Any Zoning Permit issued in violation of the provisions of this chapter shall be null and void and of no effect, and any work undertaken or use established pursuant to any such permit shall be unlawful.

150-85 FEES.

   A.   Any individual or other entity requesting a zoning change shall be required to pay any and all Township fees involved with the zoning change request, including, but not limited to, advertising, attorney, engineer, stenographer, copying, time spent by Township staff, etc.
   B.   The Board of Supervisors shall have the right to establish other fees in addition to the fees described above to offset the costs of enforcing or administering this chapter.

150-86 ENFORCEMENT NOTICE.

   A.   If it appears to the Township that a violation of this chapter has occurred, the Township shall initiate enforcement proceedings by sending an enforcement notice as provided in this section.
   B.   The enforcement notice shall be sent to the owner of record of the parcel on which the violation has occurred, to any person who has filed a written request to receive enforcement notices regarding that parcel and to any other person requested in writing by the owner of record.
   C.   An enforcement notice shall state at least the following:
      (1)   The name of the owner of record and any other person against whom the Township intends to take action.
      (2)   The location of the property in violation.
      (3)   The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of this chapter.
      (4)   The date before which the steps for compliance must be commenced and the date before which the steps must be completed.
      (5)   That the recipient of the notice has the right to appeal to the Zoning Hearing Board within a period of ten (10) days.
      (6)   That failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation, with possible sanctions clearly described.

150-87 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 Board of Supervisors or, with the approval of the Board of Supervisors, an officer of the Township, or any aggrieved owner or tenant of real property who shows that his or her property or person will be substantially affected by the alleged violation, in addition to other remedies may institute any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure, landscaping or land or to prevent, in or about such premises, any act, conduct, business or use constituting a violation. When any such action is instituted by a landowner or tenant, notice of that action shall be served upon the Township at least thirty (30) days prior to the time the action is begun by serving a copy of the complaint on the Board of Supervisors. No such action may be maintained until such notice has been given.

150-88 VIOLATIONS AND PENALTIES.

   A.   Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than five-hundred dollars ($500) plus all court costs, including reasonable attorneys fees, incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or 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 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.
   B.   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.
   C.   Nothing contained in this section 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 section.
   D.   District Justices shall have initial jurisdiction over proceedings brought under this section.