Caernarvon Township
City Zoning Code
City Zoning Code
ARTICLE VII
Administration
§ 500-74 Interpretation and application.
The provisions of this Chapter 500, Zoning, in their interpretations and application, shall be held to be minimum requirements adopted for the promotion of the public health, safety, morals, and general welfare of the Township. Any use, structure, building, or sign shall conform with all provisions of this chapter except for which an exception or variance may be granted. Nothing in this chapter shall require any change in plans or construction of a building for which a building permit has been issued by the Township prior to the effective date of this chapter, or amendment, and which is completed within one year of the effective date of this chapter, or amendment.
§ 500-75 Zoning Officer.
A.
Appointment. The provisions of this Chapter 500, Zoning, shall be administered and enforced by the Zoning Officer, who shall be appointed by, and serve at the pleasure of, the Board of Supervisors. He/she may be provided with assistance of such persons as the Board of Supervisors may, from time to time, direct.
B.
Qualifications. The Zoning Officer shall, by adequate professional training and experience, be familiar with building procedures and terminology and with the responsibilities and proper application of the powers and duties of his/her office. He/she shall demonstrate proficient knowledge and understanding of the requirements of this chapter prior to appointment.
C.
Compensation. The compensation of the Zoning Officer shall be determined by resolution of the Board of Supervisors.
D.
Duties. The Zoning Officer shall have all the duties and powers conferred upon him/her by this Chapter 500, Zoning, in addition to those reasonably implied for that purpose. He/she shall not issue a building permit or certificate of use and occupancy in connection with any proposed erection, construction, alteration, extension, replacement, conversion, and/or use of any building, structure, and/or land unless it first conforms with the requirements of this chapter and all other ordinances of the Township. It shall be his/her duty and he/she shall have the power to:
(1)
Receive all applications for building permits and issue permits within 30 calendar days when there is compliance with the provisions of this chapter, other applicable Township and county regulations, and with the laws of the commonwealth.
(2)
Upon issuance of a building permit, to notify such other Township and county officials as may be affected by such issuance.
(3)
Conduct investigations to determine compliance or noncompliance with the terms of this chapter. In performing such duties, the Zoning Officer shall have the authority, including entry during daylight business hours, to inspect land, buildings, and structures built or altered under this chapter and, upon satisfactory completion of said inspection, to issue a certificate of use and occupancy within two calendar days.
(4)
Order in writing the correction of all conditions found to be in violation of the provisions of this chapter. Such written order shall be served personally or by certified mail upon persons, firms, or corporations deemed by the Zoning Officer to be in violation of this chapter.
(5)
Institute, upon approval of the Board of Supervisors, proceedings in courts of proper jurisdiction for the enforcement of this chapter.
(6)
Maintain and keep all records pertinent to all zoning matters in the Township. Such records shall include, but not be limited to, all applications received, copies of all permits and certificates issued, copies of orders and findings of the Zoning Hearing Board, written complaints of alleged violations, records of all inspections made, a current copy of this Chapter 500, Zoning, and all amending ordinances, the Official Zoning Map, and all other related information.
(7)
Upon request of the Township Planning Commission, the Zoning Hearing Board, or the Board of Supervisors, present to such body, facts, records, data, and other related information to assist such body in its deliberations and decisions.
(8)
Perform such other duties as are assigned to the Zoning Officer by this chapter.
E.
Relief from personal responsibility. The Zoning Officer, or any employee charged with the enforcement of this Chapter 500, Zoning, while acting for the Township, shall not thereby render him/herself liable personally if he/she acts in good faith and without negligence, and he/she is hereby relieved from all personal liability for any damage that may occur to persons or property as a result of any act required or permitted in the discharge of his/her duties. Any suit instituted against any officer or employee because of an act performed by him/her in the lawful discharge of his/her duties shall be defended by the legal representative of the Township. In no case shall the Zoning Officer, or any of his/her staff, be liable for costs in any action, suit, or proceeding that may be instituted in pursuance of the provisions of this chapter when he/she and/or his/her subordinates perform their duties in good faith and without malice.
§ 500-76 Building permits.
A.
Requirements.
(1)
A building permit shall be obtained from the Zoning Officer:
(a)
For any new construction, erection, structural alteration, extension, relocation, or conversion of any building or structure;
(b)
For the change of use of a building, structure, and/or land;
(c)
For the replacement of any building or structure which has been destroyed, in whole or in part, by fire, natural cause, or by any other means; and
(d)
For the demolition or razing of any principal building or structure.
(2)
Building permit not required. A building permit is not required:
(a)
For general repairs or maintenance of any existing building or structure, provided that the structural design or floor plan of said building or structure shall not be altered, extended, or converted in any way. Such repairs or maintenance shall include, but are not limited to, painting, repair or replacement of existing windows, panes, doors, floors, ceilings, walls, roofs, porches, or siding;
(b)
For private sidewalks, walkways, paths.
B.
No building permit shall be issued until:
(1)
A sewage permit has been obtained from the Township Sewage Enforcement Officer for any on-site sewage disposal system, or verification has been obtained from the Caernarvon Township Municipal Sewer Authority, or any private sewage disposal system, for connection thereto; and
(2)
In the case of a public building, the required permit has been obtained from the Pennsylvania Department of Labor and Industry.
C.
Application procedures. Application for a building permit shall be submitted in writing on a form prescribed by the Zoning Officer, by the owner or lessee of any building, structure, or land or the agent of either; provided, however, that if the application is made by a person other than the owner or lessee, it shall be accompanied by a written authorization from the owner or lessee authorizing the work and designating the agent, and shall contain the following:
(1)
A map of the lot in question drawn to scale, indicating the lot size, and showing all dimensions of lot lines and the exact location(s) on the lot of all proposed buildings, fences, structures, and alterations to buildings or structures.
(2)
A statement indicating the use, height, length, width, and proportion of the total lot area covered of all proposed and/or existing buildings, structures, or additions and alternations to a building.
(3)
A statement indicating the number of families and/or commercial or industrial establishments to be accommodated within existing and proposed buildings on the lot. In the case of apartment buildings, a breakdown of units by number of bedrooms shall be given.
(4)
Where applicable, the number, location, and design of parking and loading areas, recreation areas, signs, buffer zones and landscaping, means of egress from and ingress to the lot, routes for pedestrian and vehicular traffic, and outdoor lighting throughout the tract.
(5)
Method of proposed water supply and sewage disposal and the location of any on-lot facilities.
D.
Approval or disapproval. Upon receipt of the application, the Zoning Officer shall examine same to determine compliance with this Chapter 500, Zoning, and any other Township ordinances. Within 30 days of receipt of application, the Zoning Officer shall either approve or disapprove the application and return one copy of the application containing the Zoning Officer's decision to the applicant. The other copy shall be retained by the Zoning Officer. If disapproved, the Zoning Officer shall attach a statement to the application explaining the reasons therefore and informing the applicant of his rights to appeal to the Zoning Hearing Board. If the applicant fails to obtain a building permit from the Zoning Officer within three months after the date of approval of the application, the approval of the application shall be considered null and void.
E.
Insurance and posting of permit. Upon approval of the application by the Zoning Officer and the payment of the fees established from time to time by resolution of the Board of Supervisors, the Zoning Officer shall issue a building permit placard which shall be visibly posted on the site of operations during the entire time of construction. The permit shall expire one year from the date of issuance, provided that it may be extended at the discretion of the Zoning Officer for six-month periods not exceeding a total of one year.
F.
Rights of permit holders. The permit shall be a license to proceed with the work described on the approved application in accordance with all Township ordinances. The Zoning Officer shall revoke a permit or approval issued under the provisions of this Chapter 500, Zoning, in case of any false statement or misrepresentation of fact in the application on which the permit or approval was based or for any other cause set forth in this chapter.
§ 500-77 Certificate of use and occupancy.
A.
Requirements. It shall be unlawful to use and/or occupy any building, structure or land, or portion thereof for which a building permit is required until a certificate of use and occupancy has been issued by the Zoning Officer. The Zoning Officer shall not issue a certificate of use and occupancy unless he/she has inspected such building, structure, or land, and has determined that all provisions of this Chapter 500, Zoning, and other rules, regulations, and ordinances of the Township, as well as state laws, rules, and regulations, have been complied with.
B.
Issuance. Upon the receipt of written notification that the work for which a building permit has been issued has been completed, the Zoning Officer shall inspect the premises within 48 hours to determine that the work has been performed in accordance with the approved application and other ordinances of the Township. If he/she is satisfied that the work has been completed in accordance with the approved application, he/she shall issue a certificate of use and occupancy to the permit holder for the use indicated on the approved application. A copy of certificate of use and occupancy shall be retained by the Zoning Officer as part of the Township records. If he/she finds that the work has not been performed in accordance with the approved application, the Zoning Officer shall refuse to issue the certificate of use and occupancy and in writing give the reasons therefore and inform the permit holder of his rights of appeal to the Zoning Hearing Board.
C.
Temporary certificate of use and occupancy.
(1)
Upon request of the holder of a building permit, the Zoning Officer may issue a temporary certificate of use and occupancy for a building, structure, sign, and/or land, or portion thereof, before the entire work covered by the permit shall have been completed. Such portion or portions may be used and/or occupied prior to full completion of the work, provided life and/or public health, safety, morals, and general welfare of the Township and its citizens and not endangered.
(2)
The Zoning Officer shall also issue a temporary certificate of use and occupancy for such temporary uses as tents, trailers and buildings on construction sites, use of land for religious and other public and semipublic purposes or other temporary use and/or occupancy upon order of the Board of Supervisors. Such temporary certificates shall be for the period of time to be determined by the Board of Supervisors, but in no case shall any certificates be issued for more than six months.
§ 500-78 Sign permits.
A.
Scope. No sign, other than a sign indicating the name, profession, or activity of the occupant of a dwelling or the private nature of premises, shall hereafter be erected, rebuilt, altered, relocated, or enlarged until a permit is issued by the Zoning Officer for such purposes.
B.
Application procedures. Applications shall be made in writing to the Zoning Officer on a form specified for such purpose, and shall contain the following:
(1)
A detailed scale drawing of the sign showing its intended location and stating the method by which it will be affixed.
(2)
A statement indicating the type of construction and the manner of installation and the materials to be used.
(3)
The signature of the applicant. When the applicant is not the owner of the premises on which the sign will be erected, both the applicant and the owner of the premises shall sign the application.
(4)
A statement that the sign will be erected according to the accompanying plans and specifications.
C.
Freestanding signs. If the sign is to be supported by a separate structure erected for that purpose, then the applicant shall furnish a map of the lot indicating the location of the proposed sign and the relative distances to a point perpendicular to the lot lines. A scaled diagram or photograph of a similar sign shall also be attached.
D.
Review procedure. Permits shall be granted or denied within 30 calendar days from the date of application. All approved permits together with the accompanying information shall be a public record. A certificate of use and occupancy shall be required for all permanent signs.
E.
Denial. No sign permit shall be granted unless the application conforms to all requirements of this chapter and any other ordinance of the Township pertaining thereto. If the application is denied, the Zoning Officer shall attach a statement to the application explaining the reasons thereof and informing the applicant of his/her rights of appeal to the Zoning Hearing Board.
F.
Duration of permit. All sign permits granted shall remain valid for a period of six months. If, by the expiration of such time, the applicant has failed to erect the sign, or undertaken a significant portion of the work thereof, the permit shall expire and a new sign permit shall be required.
§ 500-79 Conditional use procedures.
[Added 4-25-2017 by Ord. No. 285]
A.
An application for a conditional use shall be filed with the Board of Supervisors, c/o Township Secretary, and shall state and provide:
(1)
The name and address of the applicant.
(2)
The name and address of the owner of the real estate to be affected by the proposed conditional use application.
(3)
A description and location of the tract or parcel on which the conditional use is proposed.
(4)
A statement of the present zoning classification of the tract or parcel in question, the improvements thereon, and the present use thereof.
(5)
A statement of the section of this chapter which authorizes the conditional use.
(6)
An accurate description of the present improvements and the additions intended to be made under the application for conditional use, including the size of proposed improvements, material and general construction features. The application shall be accompanied by a proposed plan showing the size and location of the proposed use, the location of all proposed buildings, all proposed facilities, including access drives and parking areas, and dimensional features demonstrating compliance with the applicable area, width, coverage, yard and design standards.
B.
The application for a conditional use shall be filed with the Secretary of the Township on such forms as may be prescribed for that purpose and shall be accompanied by the application fee, prescribed from time to time by the Board of Supervisors. No application shall be received for filing unless accompanied by the required filing fee.
C.
The Board of Supervisors shall hold a public hearing on the conditional use application in accordance with the procedures set forth in the Pennsylvania Municipalities Planning Code, Article IX:[1]
(1)
Public notice as defined by this chapter shall be given of the hearing. Notice of the hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing. The Board of Supervisors shall conduct its first hearing on the application within 60 days from the date the application is filed with the Township Secretary unless the time therefore is extended in writing or on the record by the applicant.
(2)
The parties to the hearing shall be the municipality, any person affected by the application who has made timely appearance of the record before the Board of Supervisors, and any other person, including civic or community organizations, permitted to appear by the Board. The Board shall have the power to require that all persons who wish to be considered parties enter written appearances on forms provided by the Board for that purpose.
(3)
The Chairman or acting Chairman of the Board shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by the parties.
(4)
Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded.
(5)
The Board of Supervisors shall keep a stenographic record of the proceedings. The appearance fee for a stenographer shall be shared equally by the applicant and the Board. The cost of the original transcript shall be paid by the Board if the transcript is ordered by the Board or shall be paid by the person appealing from the decision of the Board if such appeal is made and, in either event, the cost of additional copies shall be paid by the person requesting such copy or copies. In all other cases the party requesting the original transcript shall bear the cost thereof.
(6)
The Board shall render a written decision within 45 days after the last hearing before the Board. Where the application is contested or denied, the decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons therefore.
(7)
A copy of the final decision shall be delivered to the applicant and the parties before the Board personally or mailed to them not later than the day following the date of the decision.
[1]
Editor's Note: See 53 P.S. § 10901 et seq.
D.
In granting or denying a conditional use or establishing conditions with reference to such grants, the Board of Supervisors shall use as a guide in evaluating a proposed conditional use, and may determine to be mandatory, the standards listed in Subsection H below. The burden of establishing compliance with those enumerated standards shall be upon the applicant by a fair preponderance of the credible evidence. The standards required by this subsection shall be deemed a part of the definitional aspect under which a conditional use may be granted, and the failure of the applicant to establish his or her compliance with all of the standards shall, in the discretion of the Board, be deemed either a basis for the establishing of conditions or limitations on an approval or the basis for a determination that the applicant has not met the requirements for which a conditional use may be granted.
E.
Nothing in this section shall be construed to relieve the applicant for a conditional use approval from obtaining other required approvals mandated by Chapter 425, Subdivision and Land Development, of the Code of Caernarvon Township, or other applicable ordinances.
G.
In granting an application for conditional use, the Board may attach such additional reasonable conditions and safeguards as it deems necessary and appropriate to insure compliance with the provisions of this chapter and to protect the health, safety and general welfare of the community.
H.
The burden of establishing compliance with those enumerated standards below shall be upon the applicant by a fair preponderance of the credible evidence. The standards required by this subsection shall be deemed a part of the definitional aspect under which a conditional use may be granted, and the failure of the applicant to establish his or her compliance with all of the standards shall, in the discretion of the Board, be deemed either a basis for the establishing of conditions or limitations on an approval or the basis for a determination that the applicant has not met the requirements for which a conditional use may be granted. In addition to those standards set forth in the section of this chapter authorizing the conditional use, applicant shall:
(1)
Establish that the proposed change is consistent with the spirit, purpose, and intent of the Caernarvon Township Comprehensive Plan;
(2)
Establish that the proposed change will not substantially injure or detract from the use of the neighborhood property or from the character of the neighborhood and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded;
(3)
Establish that the proposed change will serve the bests interests of the Township, the convenience of the community, and the public welfare;
(4)
Establish that the proposed change will not preclude the logical, efficient, and economical extension of public services, and facilities such as public utilities, police and fire protection, and public schools, and assure adequate arrangements for situation in specific instances;
(5)
Establish that the proposed conditional use relief is suitable for the proposed location to probable effects upon traffic patterns and emergency response, and assure adequate access arrangements will be provided in order to protect roads from undue congestion and hazard;
(6)
Establish the adequacy of sanitation and public safety provisions, where applicable, and require a certificate of adequacy of sewage and water facilities from the appropriate governmental health agency in any case required herein; and
(7)
Consider and apply all relevant provisions of the Municipalities Planning Code, including but not limited to 53 P.S. § 10913.2 (relating to conditional uses).