Hanover Township City Zoning Code
ARTICLE XIII
Permits and Certifications
§ 185-44 Zoning permits.
A.
A zoning permit shall be required prior to the erection, construction or alteration of any building, structure or any portion thereof.
B.
Application for permits shall be made in writing to the Zoning Administrator designated by the Board of Supervisors, and shall contain all information necessary for such officer to ascertain whether the proposed erection, construction, alteration or use complies with the provisions of this chapter.
C.
Such permits shall be granted or refused within 15 days from date of application.
D.
No zoning permit shall be issued except in conformity with the regulations of this chapter, except after written order from the Zoning Hearing Board or the courts.
E.
Application requirements.
(1)
All applications for zoning permit shall be accompanied by plans in duplicate drawn to scale and showing the following:
(a)
Actual dimensions and shape of lot to be built upon.
(b)
Exact size and locations on the plan of all buildings and other structures, if any, and the location and dimensions of proposed buildings and other structures or alterations.
(c)
Existing and proposed uses, showing number of families the building is designed to accommodate.
(d)
Any other lawful information that may be required by the Zoning Administrator.
(2)
One copy of the plans shall be returned to the applicant by the Administrator after he shall have marked such copy either approved or disapproved and attested to same by his signature. The second copy of the plans, similarly marked, shall be retained and filed by the Zoning Administrator.
F.
A zoning permit which has been issued shall be acted upon within one year; otherwise it shall expire and be of no force or effect.
§ 185-45 Certificates of occupancy.
[Amended 2-23-2010 by Ord. No. 10-01]
A.
Definitions. As used in this section, the following terms shall have the meanings indicated:
CERTIFICATE OF OCCUPANCY
A certificate issued by the Township Building Code Official upon compliance with the standards in the Township Property Maintenance Code[1] and the allowable use designation according to the Township Zoning Ordinance following inspection of property as required by this section.
CONDITIONAL CERTIFICATE OF OCCUPANCY
A certificate issued pursuant to § 185-45C(3) of this section which requires the abatement of violations of the Township Property Maintenance Code.[2]
CONDITIONAL RESALE CERTIFICATE
A certificate issued pursuant to § 185-45C(3) of this section which requires the abatement of violations of the Township Property Maintenance Code.[3]
[Added 7-26-2011 by Ord. No. 11-07]
INSPECTION REPORT
A notice of violation which is issued to a seller of property upon inspection by the Township Building Code Official as required under § 185-45C. The inspection report shall list any discovered or uncorrected violations of the Township Property Maintenance Code[4] and the allowable use designation according to the Township Zoning Ordinance. The inspection report shall expire one year from the date of the original inspection.
PROPERTY
Any structure, building or land or portions thereof.
RESALE CERTIFICATE
A certificate issued by the Township Building Code Official upon compliance with the standards in the Township Property Maintenance Code[5] and the allowable use designation according to the Township Zoning Ordinance following inspection of property as required by this section.
[Added 7-26-2011 by Ord. No. 11-07]
TRANSFER OF OWNERSHIP
The conveyance, either in whole or in part, of property.
UNFIT FOR HUMAN HABITATION
A property which is dangerous or detrimental to life or health because it is dilapidated, unsanitary, unsafe, vermin-infested or lacking facilities and equipment standards according to the Township Property Maintenance Code,[6] as designated by the Township Building Code Official.
[1]
Editor's Note: See Ch. 133, Property Maintenance.
[2]
Editor's Note: See Ch. 133, Property Maintenance.
[3]
Editor's Note: See Ch. 133, Property Maintenance.
[4]
Editor's Note: See Ch. 133, Property Maintenance.
[5]
Editor's Note: See Ch. 133, Property Maintenance.
[6]
Editor's Note: See Ch. 133, Property Maintenance.
B.
New construction. It shall be unlawful for any person to use and/or occupy any property, or change the use of any property, in any manner, including that of a home occupation pursuant to § 185-25F of this chapter, until a certificate of occupancy has been issued.
(1)
The certificate of occupancy shall be issued in accordance with this section following submission of a building and zoning permit application in such form as the Zoning Administrator may require.
(2)
After a building and zoning permit application ("permit application") has been made, the Building Code Official ("B.C.O.") shall inspect any property described in said permit application and shall determine the conformity with the applicable Township ordinances. If the B.C.O. is satisfied that the property is in conformity with all applicable Township ordinances, and that the proposed use is consistent with this chapter, a certificate of occupancy shall be issued.
(3)
A certificate of occupancy shall be granted within five days after the B.C.O. has received or completed a final inspection report that indicates the property is in compliance with applicable Township ordinances and the Uniform Construction Code.[7]
[7]
Editor's Note: See Ch. 65, Construction Codes, Uniform.
C.
Transfer of ownership. It shall be unlawful for any person to sell or otherwise transfer ownership of any property to another person unless a resale certificate or conditional resale certificate has been issued prior to said transfer of ownership and any use or occupancy of such property; provided, however, that the failure on the part of such seller or transferor to obtain the resale certificate shall not excuse the purchaser or transferee of the property from the requirements of this section.
[Amended 7-26-2011 by Ord. No. 11-07]
(1)
The seller of property in Hanover Township is hereby required to secure an inspection report from the Township prior to the transfer of ownership. The seller of the property shall have 10 business days from the date that the property is listed for sale or the seller enters into an agreement of sale with a purchaser, whichever is sooner, to submit a resale building and Zoning Compliance application ("compliance application") in such form as the Zoning Administrator may prescribe and request an inspection of the B.C.O. and pay the appropriate fees for the inspection.
(2)
After a compliance application has been made, the B.C.O. shall inspect the property described in said compliance application, and shall determine the conformity with said compliance application and the existing Township Property Maintenance Code.[8] If the B.C.O. is satisfied that the property is in conformity with the existing Property Maintenance Code, and that the proposed use is consistent with this chapter, a resale certificate shall be issued by the B.C.O.
[8]
Editor's Note: See Ch. 133, Property Maintenance.
(3)
A conditional resale certificate shall be issued by the B.C.O. if the inspection report requires abatement of violations in order to comply with the Township Property Maintenance Code[9] and the buyer of property agrees to abate the violation as set forth in § 185-45E.
[9]
Editor's Note: See Ch. 133, Property Maintenance.
(4)
A resale certificate or a conditional resale certificate shall be granted or refused within 15 days after receipt of the compliance application.
(5)
Exemptions. The provisions of this section shall not apply to property on which the buildings are intended to be demolished and a valid demolition permit pursuant to Township Code has been obtained or vacant property.
D.
Inspection fees. All inspection fees shall be established by resolution of the Board of Supervisors. Inspection fees shall be due upon scheduling an inspection or reinspection.
E.
Abatement of violations. In the event that violations of the Township Property Maintenance Code[10] exist in or upon the property as outlined in the inspection report, such violations shall be addressed as follows:
[Amended 7-26-2011 by Ord. No. 11-07]
(1)
The seller shall abate the violations prior to the transfer of ownership and, in such event, the seller shall request a reinspection to determine that the violations have been fully abated and a resale certificate (without conditions) can be issued; or
(2)
The buyer shall execute a notarized statement acknowledging the receipt of the inspection report and that the buyer shall begin to abate the violations within 60 days of taking possession of the property and shall fully abate the violations within 18 months of taking possession of the property.
[10]
Editor's Note: See Ch. 133, Property Maintenance.
F.
Any certificate of occupancy and/or resale certificate issued hereunder may be revoked in the event that the property is later determined to be unsafe or uninhabitable or that a condition exists that is in violation of any Ordinances of the Township or that the actual use is in violation of any ordinances of the Township. In the event that such certificate of occupancy and/or conditional resale certificate is issued subject to conditions, a certificate of occupancy and/or conditional resale certificate may be revoked if such conditions remain unsatisfied within the time limit provided for at the time of issuance of such certificate and/or conditional certificate. Prior to the revocation of the certificate of occupancy and/or resale certificate, the property owner shall be given 10 days' written notice of the intent to revoke the certificate of occupancy and/or resale certificate. Before the certificate of occupancy and/or resale certificate is revoked, the property owner may request a hearing before the Township Board of Appeals.
[Amended 7-26-2011 by Ord. No. 11-07]
G.
Any person who violates or permits a violation of any provision of this section shall, upon conviction of a summary proceeding brought before a District Justice, be guilty of a summary offense and shall be punishable by a fine of not less than $300 nor more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each subsection of this section that is violated shall constitute a separate offense.
§ 185-46 Sign permits.
A.
A sign permit shall be required prior to the erection or alteration of any sign.
B.
Application for permit shall be made in writing to the Zoning Administrator designated by the Board of Supervisors and shall contain all information necessary for such officer to determine whether the proposed sign, or the proposed alterations, conform to all the requirements of this chapter.
C.
Permits shall be granted or refused within 15 days from date of application.
D.
No sign permit shall be issued except in conformity with the regulations of this chapter, except after written order from the Zoning Hearing Board or the courts.
E.
All applications for sign permits shall be accompanied by plans or diagrams in duplicate and approximately to scale, showing the following:
(1)
Exact dimensions of lot or building upon which the sign is proposed to be erected.
(2)
Exact size, dimensions and location of the said sign on lot or building.
(3)
Any other lawful information which may be required by the Zoning Administrator. One copy of said plan or diagram shall be returned to the applicant, after the Zoning Administrator shall have marked such copy either approved or disapproved, and attested to same by his signature. The second copy, similarly marked, shall be retained and filed by the Zoning Administrator.
§ 185-47 Schedule of fees.
A.
The Board of Supervisors shall establish a schedule of fees, charges and expenses, as well as a collection procedure, for zoning permits, certificates of occupancy, special permits, sign permits, variances and other matters pertaining to this chapter.
B.
Said schedule of fees shall be posted in the office of the Zoning Administrator and shall be altered only by resolution of the Board of Supervisors.
C.
Permits and variances shall be issued only after fees have been paid in full, and the Zoning Hearing Board shall take no action on appeals until preliminary charges have been paid in full.
