Chambersburg City Zoning Code
ARTICLE XVII
Administration and Enforcement
§ 300-97 Zoning Officer.
[Amended 11-28-2011 by Ord. No. 2011-14]
There is hereby established the office of Zoning Officer, who 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 herewith. The Zoning Officer is also herein referred to as the Floodplain Administrator.
§ 300-98 Permits.
A.
Land use permit.
[Amended 8-23-2004 by Ord. No. 2004-13]
(1)
No building or structure shall be erected, constructed, reconstructed, altered, moved, extended, expanded, enlarged, demolished or razed in the municipality until a land use permit therefor has been issued by the Zoning Officer certifying that the plans and intended use thereof are in conformity with this chapter.
(2)
All applications for such permits shall be in accordance with the requirements of Borough Ordinance No. 2004-8[1] and other regulations and ordinances of the municipality where applicable, such as the Property Maintenance Code, Uniform Construction Code, Subdivision and Land Development Ordinance, Floodplain Management Ordinance, etc.
[Amended 11-28-2011 by Ord. No. 2011-14]
(3)
When a land use permit is issued for building demolition, the remaining lot must be filled and graded to an elevation consistent with the surrounding lots within six months from the date the building was demolished.
[Added 5-10-2010 by Ord. No. 2010-09]
B.
Land use occupancy permit.
[Amended 8-23-2004 by Ord. No. 2004-13]
(1)
An occupancy permit shall be required for any of the following:
(a)
Occupancy and use of a building hereafter erected, constructed, reconstructed, moved, enlarged, extended or expanded.
(b)
Change in use of an existing building to a use of a different classification.
(c)
Occupancy and use of vacant land except for the raising of crops.
(d)
Change in the use of vacant land to a use of a different classification except for the raising of crops.
(e)
Any change in use of a nonconforming use.
(2)
No such occupancy, use or change of use shall take place until a land use occupancy permit therefor shall have been issued by the Zoning Officer certifying that the intended use is in conformity with this chapter.
(3)
Application for an occupancy permit shall state all information necessary for the enforcement of this chapter.
C.
Issuance of permits.
[Amended 8-23-2004 by Ord. No. 2004-13]
(1)
In every case where a land use permit is required, the Zoning Officer may issue the land use permit and withhold the occupancy permit until after request made by the applicant setting forth that the erection, alteration, moving, extension, expansion or enlargement of the building has been completed in conformity with the land use permit and with this chapter, and, if such is the case, and the intended use also conforms to this chapter, the Zoning Officer shall issue a land use occupancy permit.
(2)
Permits issued by the Zoning Officer shall be issued or refused in writing by the Zoning Officer within 15 business days after completed application is filed, except where a land use occupancy permit is withheld until after completion of work, and then within seven days after request as aforesaid stating that work has been completed.
[Amended 8-13-2007 by Ord. No. 2007-09]
D.
Record of permits. A record of all permits shall be kept in the office of the Zoning Officer, and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the property involved.
§ 300-99 Application procedures and general requirements.
[Amended 5-10-2010 by Ord. No. 2010-09]
Applications for land use permits shall be made in writing and signed by the property owner on a form supplied by the Borough and shall be filed with the Zoning Officer.
A.
The application shall include:
(1)
A statement as to the proposed use of the building or land.
(2)
A site layout drawn to scale showing the location, dimensions, height of proposed buildings, structures, or uses and any existing buildings in relation to property and street lines.
(3)
The location, dimensions, and arrangements of all open spaces and yards. Buffer yards and methods to be employed for screening shall be included where applicable.
(4)
The number, location and design of parking spaces and loading spaces, if applicable.
(5)
The dimensions, locations, and methods of illumination for signs, if applicable.
(6)
The original topographic contours and finished grades showing method of stormwater collection and disposal, erosion and sediment control and landscape treatment.
(7)
Any other information deemed necessary by the Zoning Officer to ascertain whether an application complies with the provisions of this chapter and other applicable ordinances.
[Amended 11-28-2011 by Ord. No. 2011-14]
B.
In any specific application the Zoning Officer shall have authority to waive any of the foregoing which in his opinion is appropriate.
C.
Changes. After the issuance of a land use permit by the Zoning Officer, no change 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 consent or approval of the Zoning Officer. Requests for any such change shall be in writing and shall be submitted by the applicant to the Zoning Officer for consideration.
[Added 11-28-2011 by Ord. No. 2011-14]
D.
Placards. In addition to the land use permit, the Zoning Officer shall issue a placard which shall be displayed on the premises during the time construction is in progress. This placard shall show the number of the land use permit and the date of its issuance and be signed by the Zoning Officer.
[Added 11-28-2011 by Ord. No. 2011-14]
E.
Inspection and revocation.
[Added 11-28-2011 by Ord. No. 2011-14]
(1)
During the construction period, the Zoning Officer or other authorized official shall inspect the premises to determine that the work is progressing in compliance with the information provided on the permit application and with all applicable Borough laws and ordinances. He shall make as many inspections during and upon the completion of the work as are necessary.
(2)
In the discharge of his duties, the Zoning Officer shall have the authority to enter any building, structure, premises or development in the identified floodplain area, upon presentation of proper credentials, at any reasonable hour to enforce the provisions of this chapter.
(3)
In the event the Zoning Officer discovers that the work does not comply with the permit application or any applicable laws and ordinances, or that there has been a false statement or misrepresentation by any applicant, the Zoning Officer shall revoke the land use permit and report such fact to the Council for whatever action it considers necessary.
(4)
A record of all such inspections and violations of this chapter shall be maintained.
F.
Land use permits within a floodplain.
[Added 11-28-2011 by Ord. No. 2011-14]
(1)
If any proposed construction or development is located entirely or partially within any identified floodplain area, applicants shall demonstrate compliance with all provisions of the Floodplain Management Ordinance, as amended from time to time, and those requirements articulated below.
(2)
Designation of the Floodplain Administrator. As set forth in the Floodplain Management Ordinance, the Zoning Officer of the Borough of Chambersburg, or his designee, shall act as the Floodplain Administrator and shall ensure that applicants for land use permits within a floodplain area demonstrate compliance with all of the provisions of the Floodplain Management Ordinance, as well as all other applicable ordinances, as amended from time to time.
(3)
Duties and responsibilities of the Floodplain Administrator.
(a)
The Floodplain Administrator shall issue a permit only after it has been determined that the proposed work to be undertaken will be in conformance with the requirements of this and all other applicable codes and ordinances.
(b)
Prior to the issuance of any permit, the Floodplain Administrator shall 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);[1] the Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended);[2] the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[3] 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.
(c)
In the case of existing structures, prior to the issuance of any development/permit, the Floodplain Administrator shall review the history of repairs to the subject building, so that any repetitive loss issues can be addressed before the permit is issued.
(d)
During the construction period, the Floodplain Administrator or other authorized official may inspect the premises to determine that the work is progressing in compliance with the information provided on the permit application and with all applicable municipal laws and ordinances. He/she may make as many inspections during and upon completion of the work as are necessary.
(e)
In the discharge of his/her duties, the Floodplain Administrator shall have the authority to enter any building, structure, premises or development in the identified floodplain area, upon presentation of proper credentials, at any reasonable hour to enforce the provisions of this chapter.
(f)
In the event the Floodplain Administrator discovers that the work does not comply with the permit application or any applicable laws and ordinances or that there has been a false statement or misrepresentation by any applicant, the Floodplain Administrator may revoke the permit and report such fact to the Chambersburg Borough Council for whatever action it considers necessary.
(g)
The Floodplain Administrator shall maintain all records associated with the requirements of this chapter, including, but not limited to, permitting, inspection and enforcement.
(h)
The Floodplain Administrator shall consider the requirements of the 34 Pa. Code and the 2006 IBC and the 2006 IRC or latest revisions thereof.
(4)
An application for a land use permit for construction or development within a floodplain shall, in addition to the other criteria set forth herein, be subject to the following review criteria:
(a)
Issuance of land use permit.
[1]
The land use permit for development within a designated floodplain shall be issued only after it has been determined that the proposed work to be undertaken will be in conformance with the requirements of this and all other applicable codes and ordinances.
[2]
Prior to the issuance of any land use permit for development within a designated floodplain, the Floodplain Administrator shall review the application for permit to determine if all other necessary governmental permits required by state and federal laws have been obtained, such as those required by the Pennsylvania Sewage Facilities Act (Act 537, as amended); the Dam Safety and Encroachments Act (Act 1978-325, as amended); the U.S. Clean Water Act, Section 404, 33 U.S.C. § 1334; and the Pennsylvania Clean Streams Act (Act 1937-394, as amended). No land use permit shall be issued until this determination is made.
[3]
No encroachment, alteration, or improvement of any kind shall be made to any watercourse until all adjacent municipalities which may be affected by such action have been notified by the Borough and until all required permits or approvals have been first obtained from the Pennsylvania Department of Environmental Protection, Bureau of Dams and Waterway Management. In addition, the Federal Emergency Management Agency and the Pennsylvania Department of Community and Economic Development shall be notified by the Borough prior to any alteration or relocation of any watercourse.
(b)
Application procedure and requirements. In addition to the information and document ordinarily required for land use permits, applicants shall also include the following specific information along with any application for construction or development within any floodplain district:
[1]
If any proposed construction or development is located entirely or partially within any identified floodplain area, applicants for land use permits shall provide all the necessary information in sufficient detail and clarity to enable the Floodplain Administrator to determine that:
[a]
All such proposals are consistent with the need to minimize flood damage and conform with the requirements of this and all other applicable codes and ordinances.
[b]
All utilities and facilities, such as sewer, gas, electrical and water systems, are located and constructed to minimize or eliminate flood damage.
[c]
Adequate drainage is provided as to reduce exposure to flood hazards.
[d]
Structures will be anchored to prevent floatation, collapse, or lateral movement.
[e]
Building materials are flood resistant.
[f]
Appropriate practices that minimize flood damage have been used.
[g]
Electrical, heating, ventilation, plumbing, air-conditioning equipment, and other service facilities have been designed and/or located to prevent water entry or accumulation.
(c)
Applicants shall file the following minimum information plus any other pertinent information as may be required by the Floodplain Administrator to make the above determination, in addition to any information and documentation ordinarily required for land use permits:
[1]
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:
[a]
North arrow, scale and date.
[b]
The location of all existing streets, drives, and other accessways.
[c]
The location of any existing bodies of water or watercourses, identified floodplain areas, and, if available, information pertaining to the floodway, and the flow off water, including direction and velocities.
(d)
Plans of all proposed building, structures and other improvements, drawn at suitable scale, showing the following:
[1]
The proposed lowest floor elevation of any proposed building based upon National Geodetic Vertical Datum of 1988.
[2]
The elevation of the one-hundred-year flood.
[3]
If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a one-hundred-year flood.
[4]
Detailed information concerning any proposed floodproofing measures.
(e)
The following data and documentation:
[1]
When any part of a proposed structure or a substantial improvement to an existing structure is to be built below the elevation of the one-hundred-year flood, the applicant must submit a document, certified by a registered professional engineer or architect, which states that the proposed construction or development has been adequately designed to withstand one-hundred-year flood elevations, pressures, velocities, impact and uplift forces associated with the one-hundred-year flood. Such statement shall include a description of the type and extent of floodproofing measures which have been incorporated into the design of the structure and/or the development and corresponding elevations.
[2]
[3]
The appropriate component of the Department of Environmental Protection's "Planning Module for Land Development."
[4]
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.
[5]
Documentation, certified by a registered professional engineer or architect, to show that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the elevation of the one-hundred-year flood more than one foot at any point.
§ 300-100 Fees.
Fees for permits shall be paid in accordance with a fee schedule to be adopted by resolution of the Mayor and Town Council, and all such fees shall be paid into the treasury of the Borough. Each applicant for an appeal, special exception, or variance shall, at the time of making application, pay a fee, in accordance with the aforementioned fee schedule, for the cost of advertising and mailing notices as required by this chapter and the rules of the Zoning Hearing Board.
§ 300-101 Term of permit.
[Amended 8-23-2004 by Ord. No. 2004-13]
Any erection, construction, reconstruction, alteration or moving of a building or other structure, including a sign authorized by a permit, shall be commenced, and any change in use of a building or land so authorized shall be undertaken, within six months after the date of issuance of the permit. If not, the permit shall be considered null and void. However, in the case of erection or construction of a building, duration of the construction permit and any right of extension shall be as provided in the Uniform Construction Code.
§ 300-102 Violations and penalties.
[Amended 5-11-1994 by Ord. No. 94-4; 8-26-1998 by Ord. No. 98-7]
A.
Any person, partnership or corporation who or which is the owner or agent of the owner and/or is occupant of the premises who/which has violated the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Borough of Chambersburg, pay a judgment of not more than $500, plus all court costs, including reasonable attorney fees incurred by the municipality 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 municipality 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 owner, 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 judgment pending a final adjudication of the violation and judgment.
C.
Nothing contained in this section shall be construed or interpreted to grant any person or entity other than the municipality the right to commence any action for enforcement pursuant to this section.
§ 300-103 Enforcement remedies.
In case of any building, structure or land is, or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained or used in violation of any ordinance enacted under this act or prior enabling laws, the Town Council or, with the approval of the governing body, an officer of the Borough, in addition to other remedies, may institute in the name of the Borough any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure or land, or to prevent, in or about such premises, any act, conduct, business or use constituting a violation.