College Township Center County
City Zoning Code
City Zoning Code
ARTICLE X
Administration and Enforcement
§ 200-48 Enforcing official designated; duties.
For the administration and enforcement of this chapter, a Zoning Officer, who may not hold any elective office in the Township, shall be appointed by the Manager. The Zoning Officer shall administer and enforce 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.
A.
Duties of the Zoning Officer. The duties of the Zoning Officer shall be as follows:
(1)
To examine, record and file all applications for zoning permits, with any accompanying plans and documents, and to issue such permits only for lots, uses and structures which are in conformity with the provisions of this chapter.
(2)
To identify and register nonconforming uses and structures.
(3)
To post a schedule of fees in his office.
(4)
To receive complaints and notify persons of violations of provisions of this chapter.
(5)
To conduct inspections of property for which zoning permits have been issued to ascertain if the construction or use is in conformity with the provisions of the permit.
(6)
Upon request of the Council, Planning Commission or Zoning Hearing Board, to present to such body facts, records and any similar information required to assist such body in its deliberations.
(7)
To be responsible for keeping current copies of this chapter and the Official Zoning Map for distribution to the public.
(8)
To perform other duties in the administration and enforcement of this chapter as may be directed by the Manager.
B.
Fees. The Council shall establish a schedule of fees and a collection procedure for all zoning permits, certificates of nonconformity, applications for variances, validity challenges, unified appeals and requests for curative amendments.
(2)
All such fees shall be payable to the Township at the office of the Zoning Officer.
(3)
No request for a zoning permit or certificate of nonconformity and no appeal or application to the Zoning Officer, Zoning Hearing Board or Council shall be considered complete, nor shall it be filed or docketed, until all fees have been paid in full.
§ 200-49 Zoning permits.
[Amended 1-8-1987 by Ord. No. 100; 6-6-2002 by Ord. No. O-02-01; 3-2-2006 by Ord. No. O-06-07; 6-21-2012 by Ord. No. O-12-01;2-20-2014 by Ord. No. O-14-01]
A zoning permit shall be required prior to the erection, extension, or alteration of any structure or portion thereof and prior to the use or change in use of a structure or land. This shall include activity related to an approved land development and/or subdivision plan. No such zoning permit shall be required for normal maintenance activities and minor repairs that do not constitute an erection, extension, or alteration as herein defined. No permit shall be granted by the Zoning Officer for any purpose except in compliance with the provisions of this chapter or, upon appeal, in compliance with a decision of the Zoning Hearing Board or the courts.
A.
Application for zoning permits. To apply for a zoning permit, the applicant shall submit an application for plan examination and building permit to the Zoning Officer along with all required fees. When required by this chapter, site plans and other information shall accompany the application. In the case of a land development or subdivision, a copy of the approved plan will need to be provided with the zoning permit application.
B.
Review of the application. All applications for zoning permits shall be granted or denied by the Zoning Officer within 30 days from the date of receipt of a full and complete application. Whenever a residential site plan is required as part of the application process, applications shall be granted or denied by the Zoning Officer within 30 days from the date of receipt of a full and complete residential site plan. The Zoning Officer shall notify the applicant in writing of all the action taken on the application for a zoning permit within said period. If the application is denied, such notification shall specify the provisions of this chapter with which the application does not comply. If for any reason the Zoning Officer fails to notify the applicant within the specified time limits, the application will be deemed approved as submitted. No permit will be issued until all required fees have been paid.
C.
Final inspection.
(1)
A final zoning inspection shall be required for all zoning permits issued. All work shall be inspected by the Township Engineer, Zoning Officer and/or the Ordinance Enforcement Officer at the completion of each construction project or by the expiration date of the zoning permit. All interior and exterior work shall be finished and in accordance with the approved permit/plan before a final zoning inspection can be scheduled.
(2)
At the discretion of the Township Engineer, a monetary surety, letter of credit, or escrow may be posted for certain incomplete zoning items. Such items shall not create a safety issue or nuisance. The amount posted shall cover the estimated completion costs of all items outstanding, and shall be submitted with a letter from the contractor and/or property owner. The letter of completion shall include an itemized list stating what the surety is covering and a timeframe for completion of all outstanding work. The Township may also require the property owner and/or the contractor to sign a binding agreement, drafted by the Township, which outlines the terms of the posting of surety/occupancy.
D.
No person, firm, or corporation shall rent or lease as defined in Chapter 160 to another, or provide for residential occupancy, any dwelling unit, rooming unit or portion thereof until the regulations contained herein have been met and a residential rental permit has been received. See Chapter 160, Article I, Residential Rental Permits.
§ 200-50 Residential site plan review.
[Amended 6-9-1983 by Ord. No. 59-E; 11-10-1983 by Ord. No. 89-F; 1-8-1987 by Ord. No. 100; 6-6-2002 by Ord. No. O-02-01]
A.
Residential site plans shall be required for change of uses or construction activity on residential properties as stipulated below. Structures that are shown on an approved land development plan, showing the building footprint and proposed grading, would be exempt. A residential site plan, as detailed below, shall accompany all applications for zoning and building permits whenever a proposed use, structure, or alteration of land include one or more of the following:
(3)
Any new single-family residential dwelling of any size, or an accessory structure or a proposed building addition with a footprint of 600 square feet or larger on a lot.
(4)
Any level placement of fill greater than three feet on a lot or internal alteration of grades greater than three feet anywhere on the site, which result in the following conditions:
(a)
Any change of grading greater than two feet within the side and/or rear setbacks of the property, except landscaping or gardens that do not alter grades more than three feet on lots with an existing home;
(b)
Any change of grading greater than one foot within five feet of the side and/or rear property lines; or
(c)
Any alteration of existing drainageways or swales, located either on the property or within the street right-of-way.
B.
Submission and contents of the residential site plan. Two copies of the residential site plan shall be submitted to the Zoning Officer along with the application for a zoning permit. The plan shall be drawn at a scale of one inch equals 20 feet or larger for lots one acre or less. Lots greater that one acre shall be drawn at a scale of one inch equals 40 feet. The plan shall contain the following written and graphic information:
(1)
Property owner name and address and the name and address of the individual firm preparing the site plan. (When possible, the applicant's agent should also provide a fax number and e-mail address);
(2)
Street address and county tax identification number;
(3)
Zoning district;
(4)
Date the plan was prepared and any revisions;
(5)
Graphic scale;
(6)
North point;
(7)
Total size of the property;
(8)
The proposed use(s) of the property;
(9)
Percentage of impervious coverage on the lot after all proposed improvements;
(10)
Topographic contour lines drawn at vertical intervals of two feet for land with average undisturbed slopes of 10% or less and at intervals of five feet for land with average slopes exceeding 10%, including the source of topographic data; or two perpendicular cross sections through the entire property, showing existing and proposed grades and the floor elevations of any proposed structures;
(11)
The total tract boundary with distances drawn to at least the nearest foot, including any street rights-of-way when applicable;
(12)
Location of the front, side and rear yard setback areas as required by the applicable zoning district;
(13)
Location and area of all existing and proposed primary and accessory structures, including exterior dimensions;
[Amended 9-7-2006 by Ord. No. O-06-15]
(14)
All stream, floodplains and wetland boundaries if applicable and slopes of 25% or more;
(15)
Location of street cartways;
(16)
Location of existing or proposed driveways;
(17)
All existing and proposed utility poles, drainage facilities and walkways;
(18)
Elevations and cross sections of structures and details of all grading elements such as berms, earth mounds and retaining walls;
(19)
Basement and main floor level finished elevations;
(20)
Cross section through the structure and the total height of all proposed structures, in accordance with the Township definition of "height," in § 200-7;
(21)
When applicable, show direction and or paths of all existing site drainage, any/all methods of erosion and sedimentation control and on-site stormwater management practices to be implemented; and
(22)
Height and materials of all proposed retaining walls.
(23)
Elevation of the one-hundred-year flood.
[Added 4-16-2009 by Ord. No. O-09-08]
(24)
Detailed information concerning any proposed floodproofing measures.
[Added 4-16-2009 by Ord. No. O-09-08]
C.
Requirement of site plan preparation. The site plan must be signed by either a Pennsylvania licensed professional land surveyor, engineer architect or landscape architect, or by a homebuilder or other individual that displays competence in field surveying and construction drafting.
D.
Additional site regulations.
(1)
No site grading alteration greater than one vertical foot shall occur within three feet of any side or rear property lines, unless a notarized statement is agreed upon and signed by any affected adjacent property owner(s).
(2)
The maximum allowable height for any/all retaining walls will be four feet, unless the proposed retaining wall is properly engineered to be stepped back or terraced. Copies of all applicable structural engineering documents and plans may be required for Township review.
(3)
Retaining walls must be set back a minimum of three feet to allow for maintenance, unless a notarized statement is agreed upon and signed by any affected adjacent property owner(s).
E.
Review procedure. All applications for zoning permits, which include a residential site plan as herein required, shall be reviewed in the same manner as stipulated in § 200-49A, except that:
(1)
Upon approval of the application, the Zoning Officer shall sign two copies of the residential site plan application, return one copy to the applicant, along with the requested zoning permit, and retain the other copy for the files.
§ 200-51 Certificate of nonconformity.
An application for a certificate of nonconformity may be made to the Zoning Officer by the owner of a nonconforming use or structure. The certificate of nonconformity shall be issued by the Zoning Officer and shall set forth in detail all of the nonconforming conditions of the premises. This certificate shall be for the purpose of ensuring to such owner the right to continue a nonconforming use or structure in accordance with the regulations of this chapter. A copy of the certificate shall be retained by the Zoning Officer for his files.
§ 200-52 Violations and penalties.
Failure to comply with any provisions of this chapter shall be a violation of this chapter.
A.
Complaints regarding violations. Whenever a violation of this chapter occurs or is alleged to have occurred. any person may file a complaint with the Zoning Officer, stating fully the causes and basis thereof. The Zoning Officer shall record such complaint, immediately investigate and take action thereon as provided by this chapter.
B.
Notice of violation. If the Zoning Officer shall find that any provision of this chapter has been violated, he shall notify the person responsible for such violation in writing, indicating the nature of the violation and ordering the action necessary to correct it, whereupon such violation shall be immediately corrected unless such person files an appeal of the order of the Zoning Officer in the manner provided by this chapter.
§ 200-53 Appeals.
§ 200-54 Amendments.
The regulations, restrictions and district boundaries set forth in this chapter may, from time to time, be amended through action of the Council in the manner provided by Sections 609 through 611 of Article VI of the Pennsylvania Municipalities Planning Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. §§ 10609 through 10611, respectively.
§ 200-54.1 Severability; conflicts with other chapters.
[Added 12-27-1990 by Ord. No. O-90-09]
A.
Severability. Each section, paragraph, part, term and/or provision of this agreement shall be considered severable, and if for any reason, any section, paragraph, part, term and/or provision herein is determined to be invalid and contrary to or in conflict with, any existing or future law or regulation, such shall not impair the operation of or affect the remaining portions, section, paragraphs, parts, terms and/or provisions of this amendment, and the latter will continue to be given full force and effect and bind the parties hereto; and said invalid sections, parts, paragraphs, terms and/or provision shall be deemed not part of this amendment.
[Amended 9-7-2006 by Ord. No. O-06-15]
B.
Conflicts with other chapters. In the event of any conflict or inconsistency between the provisions of this chapter and any other ordinance relating to the application for a review of zoning, subdivision or land development approvals, the provisions of this chapter shall be deemed controlling.