Jackson Township Monroe County
City Zoning Code
City Zoning Code
PART 14
ADMINISTRATION
§ 27-1401 Enforcement.
[Ord. No. 2014-101, 5/1/2014]
1.
The Township Board of Supervisors shall appoint a zoning administrative officer, to be known as the Zoning Officer, who may not hold any elective office in the Township, to serve for such period as the Supervisors, by resolution, shall designate. He shall receive such compensation as shall be fixed by the Board of Supervisors.
2.
The Zoning Officer shall enforce the provisions of this chapter or other regulations made pursuant to the provisions of the Second Class Township Code, 53 P.S. § 65101 et seq., and such officer, with the approval of the Supervisors or when directed by them, shall institute, in the name of the Township, any appropriate action or proceedings to prevent the unlawful erection, construction, alteration, conversion, maintenance or use, to restrain, correct, or abate such violation, so as to prevent the occupancy of any building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.
§ 27-1402 Duties of the Zoning Officer.
[Ord. No. 2014-101, 5/1/2014]
1.
It shall be the duty of the Zoning Officer to:
A.
Administer this chapter in accordance with its literal terms.
B.
Prohibit any construction, use or change of use not in conformance with this chapter.
C.
Examine all applications for zoning permits.
D.
Issue zoning permits only for construction and uses which are specified in this chapter.
E.
Issue zoning permits for construction, alterations, or uses requiring variances or special exceptions, only pursuant to the order of the Zoning Hearing Board.
F.
Issue zoning permits for construction, alterations or uses requiring conditional use approvals, only pursuant to the order of the Board of Supervisors.
G.
Arrange for presubmission conferences as required by this chapter.
H.
Revoke by order a zoning permit issued under a mistake of fact, or contrary to the law of the provisions of this chapter.
I.
Order and require the abatement forthwith or otherwise of a violation of the provisions of this chapter.
J.
Record and file all applications for permits with accompanying plans and documents.
K.
Issue zoning compliance permits as required by this chapter.
L.
Make such reports and at such time as the Board of Supervisors may require.
M.
Register nonconforming uses and structures if so directed by the Board of Supervisors.
§ 27-1403 Requirement of Zoning Permits.
[Ord. No. 2014-101, 5/1/2014]
Zoning permits shall be secured from the Zoning Officer prior to the erection of or addition to any building, structure or portion thereof, and prior to the use or change in use of a building or land, and prior to the change or extension of a nonconforming use. No permit shall be required for nonconforming use. No permit shall be required for interior alterations with no change in use, but said construction or alterations shall nevertheless conform to the provisions of this chapter. The Zoning Officer shall be notified of any such construction or alteration before work commences. Zoning permits shall be issued with a two-year life, provided that if work is not commenced within 90 days after issuance of the zoning permit, the permit shall automatically expire, and a new permit shall be required before such work commences.
§ 27-1404 Application for Permits.
[Ord. No. 2014-101, 5/1/2014]
Zoning permit applications, on forms furnished by the Township, together with all supporting documents, shall be submitted to the Zoning Officer, together with the required fee. Such applications shall contain all information necessary for the Zoning Officer to ascertain whether the proposed erection, alterations, additions, use or change in use complies with the provisions of this chapter. The Zoning Officer may require that the applicant employ a registered surveyor or engineer to establish and certify measurements when it is deemed necessary to insure compliance with provisions of this chapter.
§ 27-1405 Issuance of Zoning Permits.
[Ord. No. 2014-101, 5/1/2014]
1.
Zoning Officer. Zoning permits not requiring action of the Zoning Hearing Board or the Board of Supervisors shall be granted or denied within 20 days after the written application has been filed with the Zoning Officer.
2.
Special Exceptions. Zoning permits for special exceptions shall be issued or denied by the Zoning Officer, subject to review by the Planning Commission, upon written order of the Zoning Hearing Board in accordance with the following procedure:
A.
Submission. The application shall be submitted to the Zoning Officer who, if the application is complete and properly prepared, shall transmit one copy of such application to the Secretary of the Zoning Hearing Board and one copy to the Secretary of the Planning Commission.
B.
Zoning Officer Review. The Zoning Officer may report, in writing or in person, to the Planning Commission or the Zoning Hearing Board stating whether the application complies with this chapter. The Zoning Officer may recommend a review by the Township Engineer.
C.
Planning Commission Review of Special Exception Uses.
(1)
The Township Planning Commission shall be provided with an opportunity to review any proposed special exception use. The Planning Commission, at its option, may provide a written advisory review.
(2)
If such review is not received by the Zoning Hearing Board within the time limit within which the Board must issue its decision then the Zoning Hearing Board may make a decision without having received comments from the Planning Commission.
D.
Zoning Hearing Board Action on Special Exception Uses.
(2)
In granting a special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it determines are necessary to implement the purposes of the MPC and this chapter, and to protect the public health, safety, and welfare.
E.
Expansions. Expansions or additions to uses classified as special exceptions shall also be considered special exceptions. The addition of an accessory structure of less than 500 square feet of gross floor area shall not be considered a special exception.
3.
Conditional Uses. Zoning permits for conditional uses shall be issued or denied by the Zoning Officer, subject to review by the Planning Commission, upon written order of the Board of Supervisors in accordance with the following procedure.
A.
Submission. The application shall be submitted to the Zoning Officer who, if the application is complete and properly prepared, shall transmit one copy of such application to the Secretary of the Planning Commission and one copy to the Secretary of the Board of Supervisors.
B.
Zoning Officer Review. The Zoning Officer may report, in writing or in person, to the Planning Commission or the Board of Supervisors stating whether the application complies with this chapter. The Zoning Officer may recommend a review by the Township Engineer.
C.
Planning Commission Review of Conditional Uses.
(1)
The Township Planning Commission shall be provided with an opportunity to review any proposed conditional use. The Planning Commission, at its option, may provide a written advisory review.
(2)
If such review is not received by the Board of Supervisors within the time limit within which the Board must issue its decision then the Board of Supervisors may make a decision without having received comments from the Planning Commission.
D.
Board of Supervisors Action on Conditional Uses.
(2)
In granting a conditional use, the Board of Supervisors may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it determines are necessary to implement the purposes of the MPC and this chapter, and to protect the public health, safety, and welfare.
E.
Expansions. Expansions or additions to uses classified as conditional uses shall also be considered conditional uses. The addition of an accessory structure of less than 500 square feet of gross floor area shall not be considered a conditional use.
4.
Standards and Criteria for Special Exceptions and Conditional Uses. In addition to the applicable general provisions of this chapter and to the standards and criteria provided in this chapter for specific special exceptions and conditional uses, the standards and criteria in this § 27-1405, Subsection 4, shall be applied in the review of applications for special exceptions. The applicant shall supply evidence regarding compliance with the express standards and criteria contained herein and data or evidence may be accepted from protestants. Such evidence shall be evaluated relative to the injurious impact on the public health, safety, and welfare, and the proposed use shall be approved with appropriate conditions or denied based on said evaluation.
A.
Comprehensive Plan; Ordinances. The proposed use shall be consistent with the purposes, goals, objectives and standards of the Comprehensive Plan, this chapter, and all other ordinances of the Township.
B.
Location. The proposed use shall also be evaluated as to the degree to which the proposed location may be particularly suitable or unsuitable for the proposed use in terms of the physical characteristics of the site.
C.
Adverse Effects. The proposed use at the proposed location shall not result in a substantial or undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, public improvements, public sites or rights-of-way, adjacent property values, or other matters affecting the public health, safety, and general welfare, either as they now exist or as they may in the future be developed as a result of the implementation of this chapter, or any other plan, program, map or ordinance of the Township or other government agency having jurisdiction to guide growth and development.
D.
Public Improvements. The proposed use shall not impose an undue burden on any of the improvements, facilities, utilities, and services of the Township, whether such services are provided by the Township or some other entity. The applicant shall be wholly responsible for providing such improvements, facilities, utilities, and services as may be required to adequately serve the proposed use when the same are not available or are inadequate to serve the proposed use in the proposed location. As part of the application and as a condition of approval of the proposed use, the applicant shall be responsible for establishing ability, willingness, and binding commitment to provide such improvements, facilities, utilities, and services in sufficient time and in a manner consistent with this and other ordinances of the Township. The permit approval shall be so conditioned.
E.
Additional Factors. The following additional factors shall be considered:
(1)
Location, arrangement, size, design and general site compatibility of buildings, lighting, and signs.
(2)
Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers, and traffic controls.
(3)
Location, arrangement, appearance and sufficiency of off-street parking and loading.
(4)
Adequacy and arrangement of pedestrian traffic, access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience.
(5)
Adequacy of stormwater and drainage facilities.
(6)
Adequacy of water supply and sewage disposal facilities.
(7)
Adequacy, type and arrangement of trees, shrubs, and other landscaping constituting a visual and/or noise buffer between the applicant's and adjoining lands, including the maximum retention of existing vegetation.
(8)
Adequacy of fire lanes and other emergency zones and the provision of fire hydrants.
(9)
Special attention to the adequacy and impact of structures, roadways, and landscaping in areas with susceptibility to ponding, flooding and/or erosion.
5.
Conditions of Approval for Special Exceptions and Conditional Uses. No application shall be approved unless it is found that, in addition to complying with all of the standards and criteria enumerated above, all of the applicable standards contained in this chapter shall be met. In instances where the supplemental standards contained herein do not adequately protect the general health, safety, and welfare of parties affected, all conditions and safeguards deemed necessary by the Zoning Hearing Board/Board of Supervisors to protect the general health, safety, and welfare, as well as to implement the purposes of this chapter and the MPC, shall be imposed as conditions of approval in accord with Sections 912.1 and 913.2 of the MPC, as applicable.[3] Conditions which may be imposed may include, but not be limited to, provisions for additional parking, traffic control, landscaping, setbacks, special measures addressing sales period activities, environmental controls and other measures which mitigate any potential adverse impact the use may have on adjoining uses.
[3]
Editor's Note: See 53 P.S. §§ 10912.1 and 10913.2, respectively.
6.
Expiration. Special exception permits and conditional use permits issued by the Zoning Officer as directed by the Zoning Hearing Board or Board of Supervisors, respectively, shall automatically expire 12 months from the date of issuance by the Zoning Officer, unless construction, other than excavation, or productive use has commenced within such twelve-month period.
7.
Display of Permit. After issuance of the zoning permit and until construction or alteration is completed, said permit shall be displayed prominently on or attached to the building for which issued, so that said permit can be observed from the outside.
§ 27-1406 Issuance of Zoning Compliance Certificates and Records.
[Ord. No. 2014-101, 5/1/2014]
Upon completion of the erection or alteration of any building or portion thereof authorized by a zoning permit, the holder of such permit shall notify the Zoning Officer of such completion and request a zoning compliance permit in writing. A zoning compliance permit shall either be granted or denied within 10 days of the written application therefor. The granting of a zoning compliance permit shall be certification by the Zoning Officer that the work has been inspected and approved as being in conformance with the provisions of the zoning permit, of this chapter, and all other applicable ordinances and regulations. All applications, together with accompanying plans and documents, shall become, and be preserved as, a public record, subject to the disposition of the Board of Supervisors. A fee shall be charged for a zoning compliance permit as set by resolution by the Supervisors.
§ 27-1407 Registration of Nonconforming Uses.
[Ord. No. 2014-101, 5/1/2014]
All lawful uses or structures which, at the effective date of adoption of this chapter or subsequent amendments thereto, do not conform to the regulations herein established shall be identified by the owner and registered with the Township.
§ 27-1408 Amendment by the Board of Supervisors.
[Ord. No. 2014-101, 5/1/2014]
The Board of Supervisors may, from time to time, amend, supplement, change, modify or repeal this chapter, including the Zoning Map. The Board of Supervisors shall submit to the Township Planning Commission a copy of the proposed amendment, supplement, change, modification or repeal, as the case may be, and no action shall be taken thereon by the Board of Supervisors until such time as the Township Planning Commission shall submit to the Supervisors its written recommendation relative thereto, or until the expiration of 30 days from the time of submission by the Supervisors to the Planning Commission of the said proposed action, whichever shall first occur. No such amendment, supplement, change, modification or repeal shall become effective until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. At least 15 days' notice of the time and place of such hearing shall be published in an official paper or newspaper of general circulation in the Township, and notices thereof shall be mailed to members of the Zoning Hearing Board, the Township Planning Commission, and to every civic association or resident in the Township which shall have registered its name and address for this purpose with the Secretary of the Zoning Hearing Board. The notice shall state the time and place of such hearing and the general nature of the proposed amendment. The Township shall submit the proposed change in the chapter to the Monroe County Planning Commission no less than 30 days prior to any such hearing for recommendation.
§ 27-1409 Curative Amendments.
[Ord. No. 2014-101, 5/1/2014]
A landowner who desires to challenge, on substantive grounds, the validity of this chapter or the Zoning Map or any provisions thereof which prohibit or restrict the use or development of any land in which he has an interest, may submit a curative amendment to Board of Supervisors with a written request that his challenge and proposed amendment be heard and decided as provided in the Municipalities Planning Code, as amended.[1] The Board of Supervisors shall commence a hearing thereon within 60 days of the request. The hearing shall be conducted in accord with § 27-1504 of this chapter; however, all references therein to the Zoning Hearing Board shall, for purpose of this § 27-1409, be references to the Board of Supervisors.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 27-1410 Remedies.
[Ord. No. 2014-101, 5/1/2014]
In case 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 the Municipalities Planning Code, 53 P.S. § 10101 et seq., or prior enabling laws, the Board of Supervisors, or, with the approval of the Board of Supervisors, an officer of the Township, in addition to other remedies, may institute in the name of the Township 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.
§ 27-1411 Fees.
[Ord. No. 2014-101, 5/1/2014]
Zoning permit fees, payable to the Township upon the filing of the application, shall be determined by the Board of Supervisors by resolution.
§ 27-1412 Enforcement Notice.
[Ord. No. 2014-101, 5/1/2014]
1.
If it appears to the Township that a violation of this chapter has occurred, the Township shall initiate enforcement proceedings by sending an enforcement notice as provided in this section.
2.
The enforcement notice shall be sent to the owner of record of the parcel on which the violation has occurred, to any person who has filed a written request to receive enforcement notices regarding that parcel, and to any other person requested in writing by the owner of record.
3.
An enforcement notice shall state at least the following:
A.
The name of the owner of record and any other person against whom the Township intends to take action.
B.
The location of the property in violation.
C.
The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of this chapter.
D.
The date before which the steps for compliance must be commenced and the date before which the steps must be completed.
E.
That the recipient of the notice has the right to appeal to the Zoning Hearing Board within a period of 30 days.
[Amended by Ord. No. 2015-101, 4/23/2015]
F.
That failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation, with possible sanctions clearly described.
§ 27-1413 Causes of Action.
[Ord. No. 2014-101, 5/1/2014]
In case any building, structure, landscaping or land is, or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained or used in violation of this chapter, the Township Supervisors or, with the approval of the Township Supervisors, an officer of the Township, or any aggrieved owner or tenant of real property who shows that his property or person will be substantially affected by the alleged violation, in addition to other remedies, may institute any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure, landscaping or land, or to prevent, in or about such premises, any act, conduct, business or use constituting a violation. When any such action is instituted by a landowner or tenant, notice of that action shall be served upon the Township at least 30 days prior to the time the action is begun by serving a copy of the complaint on the Township Supervisors. No such action may be maintained until such notice has been given.
§ 27-1414 Violations and Penalties.
[Ord. No. 2014-101, 5/1/2014]
1.
Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $500 plus all court costs, including reasonable attorneys' fees incurred by the Township 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 Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Township 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 Magisterial District Judge determining that there has been a violation further determines that there was a good faith basis for the person, 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 Magisterial District Judge and thereafter each day that a violation continues shall constitute a separate violation.
2.
The court of common pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment.
3.
Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the Township the right to commence any action for enforcement pursuant to this section.
4.
Magisterial District Judge shall have initial jurisdiction over proceedings brought under this section.