Gregg Township Centre County
City Zoning Code
City Zoning Code
PART 11
ADMINISTRATION AND ENFORCEMENT
§ 15-1101 Zoning Officer.
[Ord. 05-01-01, 5/7/2001]
1.
The provisions of this chapter shall be administered and enforced by the Zoning Officer who shall be appointed by the Township Supervisors, shall hold no elective office in the Township, may be compensated, and shall have the following duties:
A.
To receive and process applications for permits, certificates, conditional uses, variances, appeals, and other applications required under the terms of this chapter.
B.
To prescribe the form of all applications, permits and certificates required under the terms of this chapter.
C.
To issue zoning permits for the construction, alteration and occupancy of all uses and buildings which are in accordance with the requirements of this chapter, within 30 days after receipt of an application for such a permit. In cases of applications for a conditional use or a variance, permits shall be issued only upon written order of the appropriate reviewing agency. It shall be the responsibility of the Zoning Officer to process applications for hearings before the Zoning Hearing Board.
D.
To refuse applications for permits which do not meet the requirements of this chapter, within 30 days following receipt of such application. Said refusal shall be in writing and shall state the reasons for such action.
E.
To examine and inspect land, buildings, and structures to determine their consistency with the chapter at the time of application filing, during the work, and upon completion of the work.
F.
To issue notice of violation to any person violating any provision of this chapter. Said written notice shall comply with the provisions of Article IV, Section 626.2 of the Pennsylvania Municipalities Planning Code, as amended, 53 P.S. § 10626.2. Duplicate copies of such notice shall be referred to the Zoning Hearing Board and to the Township Supervisors. The Zoning Officer shall also issue citations where violations are not rectified.
G.
To maintain and update the Official Zoning Map, including any overlay districts.
H.
To keep records of applications, permits or certificates issued, variances granted, inspections made, reports rendered, and notices or orders issued.
I.
To identify and register all nonconforming uses and structures existing as of the effective date of this chapter.
J.
To perform such other duties as may be provided for or made necessary by the terms of this chapter.
2.
The compensation for the Zoning Officer shall be set by resolution of the Gregg Township Board of Supervisors, from time to time.
§ 15-1102 General Procedure for Application for Zoning Permits.
[Ord. 05-01-01, 5/7/2001]
1.
Permit Required. A zoning permit shall be required prior to the erection, extension or alteration of any structure and prior to the use or change in use of any structure or land. No zoning permit shall be required for normal maintenance activities and minor repairs which do not constitute an erection, extension or alteration as herein described. In addition to meeting the requirements of this chapter, the applicant shall conform to all other regulations and ordinances in effect in Gregg Township, or as may hereafter be adopted. Nothing in this chapter shall exempt the applicant from obtaining any permits which may be required by such other regulations or ordinances.
2.
Zoning Permit Application. To apply for a zoning permit the applicant shall submit a Gregg Township Zoning Permit Application, along with all required fees, and applicable permits for road encroachment, sewer, and the like, to the Zoning Officer. The application shall list, among other things, the names, addresses, and phone numbers of: the applicant, the owner, the developer of the use, and the person or organization which will operate the use. When any of the above are corporate entities, the application shall list, in addition, names, addresses and phone numbers of the chief executive officers of those corporate entities. If any corporate entity listed hereunder is owned or controlled by another corporate entity or parent company, the same information shall be supplied for the parent company. Failure to provide accurate, current or complete information with regard to any of the above shall constitute grounds for rejection of the application. Should said failure to provide accurate and complete information become apparent after the issuance of a zoning permit, said permit may, at the option of the Board of Supervisors, be revoked, and the Township may proceed against the parties as if they had never obtained a permit.
3.
Grant or Denial of Application. All applications for zoning permits, except those for conditional use permits as described in Part 9, shall be granted or denied by the Zoning Officer within 30 days of the date of receipt of the application and/or date of payment of all required fees, whichever is later. The Zoning Officer shall then notify the applicant in writing of all action taken on the application for a zoning permit within the said thirty-day period. If the application is denied, the notification shall specify the provisions of this chapter with which the application does not comply. If the application is approved, a permit shall be issued, and the applicant may proceed with the project.
4.
Duration of Zoning Permit. A zoning permit shall be valid for a twenty-four-month period from the day of issuance. A time extension may be granted for up to six months if a written request is submitted by the applicant at least 30 days prior to the expiration of the original zoning permit. The written request shall set forth sufficient and reasonable cause for the Zoning Officer to grant such a request. Only one time extension may be granted by the Zoning Officer without a resubmission far a new zoning permit.
5.
Changes. After the issuance of a zoning permit by the Zoning Officer, no changes 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 approval of the Zoning Officer. Requests for any such change shall be made in writing and shall be submitted to the Zoning Officer for consideration.
6.
Placards. In addition to the zoning 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 zoning permit, the date of its issuance, a description of the construction authorized and bear the signature of the Zoning Officer.
7.
Commencement of Construction. For the purposes of this chapter, construction and/or development shall be considered to have started with the preparation of land, including land clearing, grading, filling, excavation for basement, footings, piers or foundations, erection of temporary forms, the installation of pilings under proposed subsurface footings, or the installation of sewer, gas, and water pipes, or electrical or other service lines from the street.
8.
Inspections and Authority to Enter.
A.
During the construction period, the Zoning Officer shall inspect the premises to determine that the work is progressing in compliance with the information provided on the permit application and with all other applicable Township laws. He shall make as many inspections as necessary to determine this compliance.
B.
In the discharge of his duties, the Zoning Officer shall have the authority to enter any building, structure, or premises, or any other area of the Township, upon presentation of proper credentials, at any reasonable hour to enforce the provisions of this chapter.
9.
Revocation of Permits. The Zoning Officer may revoke any permit hereunder at any time if it appears that the application or accompanying plan is in any material respect false or misleading, or that work being done upon the premises differs materially from that called for in the application. In such case, the person holding the permit shall immediately surrender it to the Zoning Officer. A report of such revocation shall also be submitted to the Township Supervisors for whatever action they may deem necessary.
10.
Permit Information. All applications, permits, written notices, inspection reports, notices of violation, register of nonconforming uses, and other records received by or generated by the Zoning Officer are Township records and as such are the property of the Township.
§ 15-1103 Certificates of Occupancy.
[Ord. 05-01-01, 5/7/2001]
1.
Following completion of his project, the applicant shall apply to the Zoning Officer for a certificate of occupancy, or temporary certificate of occupancy. If the Zoning Officer finds that the project has been completed in accordance with the zoning permit, he shall issue a certificate of occupancy thus allowing the premises to be occupied.
A.
Requirements for Certificate of Occupancy.
(1)
No land shall be occupied or used and no building hereafter erected, altered or extended shall be used or changed in use until a certificate of occupancy shall have been issued by the Zoning Officer, stating that the buildings or proposed use thereof complies with the provisions of this chapter. The certificate shall be issued within 10 days after the erection, alteration, or change shall have been approved as complying with the provisions of this chapter.
(2)
If the buildings or proposed use, as stated in the zoning permit application, fails to comply with the regulations in this chapter the Zoning Officer shall notify the applicant, in writing, of the denial of the occupancy permit and shall state the provisions of this chapter with which the applicant does not comply. The applicant may correct the defects cited in the denial by the Zoning Officer for the occupancy permit. If, upon notification by the applicant and inspection of the premises by the Zoning Officer the defects have been corrected and no additional defects have been created, an occupancy permit shall be immediately issued.
(3)
Once granted, this certificate shall continue in effect so long as there is no change of use, regardless of change in the ownership, tenants, or occupants.
(4)
If the Zoning Officer fails to conduct the required inspections within 30 days of receipt of written request for a certificate of occupancy, the premises may be occupied for the use specified in the zoning permit.
B.
Temporary Certificates of Occupancy.
(1)
Temporary certificates of occupancy may be issued by the Zoning Officer. Such certificates may be issued when most of the work on a structure or site has been completed, and the structure or site is usable or habitable, but some aspects of the work, (including, but not limited to: grading, landscaping, planting of borders or buffers, paving or graveling of drives and walks, exterior painting or finishing, and similar work) have not been completed due to weather, the season of the year, or other reasonable cause.
(2)
The temporary certificate of occupancy shall set a time, not to exceed one year, by which the work must be completed and a certificate of occupancy applied for. If the work is not completed within the required time, the Township may: (a) invade the bond and cause the work to be performed, or (b) revoke the permit, or (c) avail itself of any other remedy open to it hereunder, or under state law. Election of any remedy or combination of remedies shall not preclude the Township from electing another remedy or combination of remedies at another time.
§ 15-1104 Violations and Penalties.
[Ord. 05-01-01, 5/7/2001]
1.
Failure to secure a zoning permit when required hereunder, or failure to secure a certificate of occupancy, or failure to carry out the provisions of this chapter, shall be considered a violation of this chapter.
A.
Notice of Violations.
(1)
Whenever the Zoning Officer determines that there has been a violation of any provision of this chapter, the Officer shall give notice of such alleged violation as hereinafter provided. Such notice shall:
(a)
Be in writing.
(b)
Include a statement of the reasons for its issuance.
(c)
Allow a reasonable time (not to exceed a period of 30 days) for the correction or abatement of the alleged violation.
(d)
Be served upon the property owner or his agent, occupant, contractor or builder as the case may require.
(e)
Contain an outline of remedial action which, if taken, will affect compliance with the provisions of this chapter.
(2)
When such notice has been served by the Zoning Officer, the violation shall be discontinued immediately, and all construction and other work must cease. Such work as is reasonably necessary to prevent loss or damage due to weather shall be allowed.
B.
Penalties.
(1)
Any person, partnership or corporation who shall violate the provisions of this chapter shall, upon conviction thereof in a summary proceeding, be sentenced pay a fine as set forth in the Municipalities Planning Code, as amended, 53 P.S. § 10101 et seq.
(2)
In default of payment of the fine, such person, the members of such partnership, or the officers of such corporation shall be liable to imprisonment as set forth in the Municipalities Planning Code, 53 P.S. § 10101 et seq.
(3)
Each day that a violation is continued shall constitute a separate offense. Imposition of such penalty, or any other penalty or remedy under this section, shall not limit in any manner the right of the Township to pursue other remedies, as set forth herein, to restrain, correct, abate or remedy the violation.
C.
Remedies.
(1)
In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter, the Township Supervisors may institute in the name of the Township, any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use, to restrain, correct or abate such violation, or to prevent any illegal act, conduct, business or use in or about such premises.
(2)
In the case of violation of the provisions herein concerning the disposal of trash, garbage, and other forms of solid waste, sewage, stormwater runoff, and other forms of liquid waste or polluted water, and any form of gaseous waste, the Township may, in addition to all of the remedies herein listed or provided by law, seek a court order forcing the violator to clean up damage done, and restore the site as nearly as possible to the condition it was in at the violator's expense, or clean up and restore the site itself, and collect from the violator the cost of doing so, including court costs, attorney's and professional fees, and secretarial and managerial time.
§ 15-1105 Fees.
[Ord. 05-01-01, 5/7/2001]
1.
Fees for the issuance of permits, certificates for ordinance amendments, conditional uses, variances, and other zoning actions shall be paid to the Township upon filing of an application. Such fees shall be in accordance with the schedule of fees established by resolution of the Township Supervisors, and as amended by them by resolution from time to time.