Kelly Township City Zoning Code
PART 12
ADMINISTRATING AND ENFORCEMENT
§ 27-1200 Duties of the Zoning Officer.
[Ord. No. 1-70, 5/1/1968; as amended by Ord. No. 06-06, 6/6/2006]
1.
The provisions of this chapter shall be administered and enforced by the Zoning Officer who shall be appointed by the Board of Supervisors and who shall hold no elective office in the Township. Said Officer shall be able to demonstrate to the satisfaction of the Supervisors a working knowledge of municipal zoning, and shall meet such other qualifications as the Supervisors may, from time to time, deem necessary for the effective implementation of the provisions of this chapter. The Zoning Officer may be compensated for his work and shall have the following duties:
A.
To receive and process applications for permits, certificates, variances, conditional uses, 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 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 approving agency. It shall be the responsibility of the Zoning Officer to process requests for hearings before the Zoning Hearing Board and in certain instances (i.e., conditional uses and amendment requests), hearings before the Township Supervisors;
D.
To deny 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 land, buildings and structures to determine their consistency with this chapter at the time of application filing, during the work and upon completion of the work;
F.
To issue or deny requests for certificates of occupancy within 10 days after final inspection of the activity. Refusals shall be in writing and shall state the reasons for such action;
G.
To issue written enforcement notices as specified in this chapter where it appears that there has been a violation, and to institute civil enforcement proceedings with the appropriate Magisterial District Judge on behalf of the Township as a means of enforcing the zoning regulations. Duplicate copies of such notices shall be referred to the Zoning Hearing Board and to the Board of Supervisors;
H.
To maintain and update the Official Zoning Map;
I.
To maintain a log of all applications, permits or certificates issued, variances granted, inspections made, reports rendered and notices or orders issued;
J.
To issue preliminary opinions (in accordance with the procedure established in the PA Municipalities Planning Code)[1] regarding whether a landowner's proposed use or development complies with applicable ordinances and maps based on plans and other materials submitted by the landowner, and if such opinion is favorable, to publish notice thereof once each week for two successive weeks in a newspaper of general, local circulation. Such notice shall include a general description of the proposed use or development, its location, and the places and times where the plans and other materials may be examined; and
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
K.
To perform such other duties as may be made necessary by the terms of this chapter.
§ 27-1201 General Procedure for Zoning Permit Application.
[Ord. No. 1-70, 5/1/1968; as amended by Ord. No. 06-06, 6/6/2006]
All persons desiring to undertake any new construction, structural alternatives or change in use of a building, structure or land shall apply to the Zoning Officer for a zoning permit by completing the appropriate application form and paying the appropriate fee. The Zoning Officer shall then either issue or deny the zoning permit or refer the application to the Zoning Hearing Board or the Township Supervisors for action as may be appropriate. After the applicant has received the zoning permit and all other permits required by local, state, and federal ordinances, laws, statutes or regulations the applicant may proceed with the proposal as approved. Following completion of the project the applicant shall apply to the Zoning Officer for a certificate of occupancy. If the Zoning Officer finds that the project has been completed in accordance with the terms of the zoning permit the Zoning Officer shall issue a certificate of occupancy. Thereafter, the premises may be occupied or used in accordance with the said permit.
§ 27-1202 Zoning Permits.
[Ord. No. 1-70, 5/1/1968; as amended by Ord. No. 06-06, 6/6/2006]
1.
Requirements for Zoning Permits. A zoning permit shall be required prior to the erection, construction, addition, or alteration of any building or structure or portion thereof; prior to the use or change in use of a building, structure or land; prior to the erection or alteration of signs, except as specified herein; prior to the change or extension of a nonconforming use; or prior to development in any Floodplain District; except as listed below. It shall be unlawful for any person to commence work for the erection or alteration of any building or structure, or for a change in land use, until a zoning permit has been duly issued therefor. (In some instances, additional permits may also need to be obtained prior to beginning construction or alterations.)
A.
Exemptions. Zoning permits shall not be required for the following activities unless they are proposed within a floodplain district:
(1)
Interior alterations when there is no increase in ground floor exterior dimension and no change in use;
(2)
General exterior maintenance and repair to existing buildings or structures; including siding, roofing, painting, the addition or replacement of storm windows, and similar activities;
(3)
Agricultural activities, including crop or tree farming, and agricultural pasture fencing;
(4)
Landscaping;
(5)
Construction or erection of land terraces, steps or other similar features;
(6)
Placement or location of utility distribution lines; or
(7)
Razing of buildings or structures.
2.
Application for Zoning Permits.
A.
Each request for a zoning permit shall be made by completing the appropriate application form obtained from the Zoning Officer and submitting it, along with the required fee, to the Township. Application for a permit shall be made by the owner or lessee of any building or structure, or the agent of either; provided, however, that if the application is made by a person other than the owner, it shall be accompanied by a written authorization from the owner. The full names and addresses of the owner, lessee, applicant or other responsible parties shall be stated in the application.
B.
The Zoning Officer shall have 30 days after receipt of an application to issue or deny the permit. Any denial shall be in writing and shall state the reason(s) for such action.
3.
Description of Work and Plan Requirements.
A.
All applications for zoning permits shall be accompanied by plans, in duplicate, drawn to scale, showing the actual shape and dimensions of the lot, the exact size and location of any buildings existing on the lot, the lines within which the proposed building or structure shall be erected or altered, the existing and intended use of each building or part of a building, the number of families or dwelling units the building is designed to accommodate and such other information as may be necessary to determine compliance with this chapter and all other pertinent regulations, including building floor plans as may be appropriate. No application shall be considered complete until all necessary documents have been filed and all fees have been paid to the Township.
B.
One copy of the plans will be returned to the applicant when such plans have been approved by the Zoning Officer. All applications and accompanying plans and documents shall become a matter of public record once a permit has been either issued or denied.
4.
Proof of Compliance. It shall be the responsibility of the applicant in all cases to furnish adequate information and to certify that the proposed use will comply with all requirements of this chapter and all other applicable federal, state or local regulations. Included in the information shall be a copy of a sewage permit when one is necessary. Also, if the PA Department of Labor and Industry, the Department of Transportation, or other regulatory agency requirements apply, the applicant shall supply evidence which shows that these regulations have been met. Written certification as to the name of the street, public or private, which abuts the real estate, the address of the building or buildings and the tax parcel identification number from the appropriate Union County agency, if the same is deemed necessary by the Zoning Officer.
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.
Display of Permit Placard. In addition to the zoning permit, the Zoning Officer shall issue a permit placard which shall be displayed or posted on the premises during the time construction is in progress. The permit placard shall remain posted until completion of the project and final inspection has been made by the Zoning Officer. Said placard shall bear the number of the zoning permit, the date of its issuance, and the signature of the Zoning Officer.
7.
Time Limitations.
A.
Work on the proposed construction shall commence within six months after the date of issuance of the zoning permit and shall be completed within 24 months following permit issuance or the permit shall expire, unless a time extension is granted in writing by the Zoning Officer. Time extensions may be granted only if a written request is submitted by the applicant which sets forth sufficient and reasonable cause for the Zoning Officer to grant such a request. Where such cause is determined, extensions may not exceed 90 days.
B.
For the purposes of this section, construction and/or development shall be considered to have started with the preparation of land, including land clearing, grading, filling, excavation for basement, footers, piers or foundations, erection of temporary forms, the installation of pilings under proposed subsurface footers, or the installation of sewer, gas, and water pipes, or electrical or other service lines from the street.
8.
Inspections.
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, premises, or development located in any zoning district, including any identified floodplain district, 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 a zoning permit 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.
Temporary Zoning Permits. A temporary zoning permit may be authorized by the Zoning Officer for a non-permanent structure or use not generally permitted where it is deemed beneficial to the public health or general welfare, necessary to promote the proper development of the community, or for temporary accessory uses, provided that such structure or use shall be completely removed upon expiration of the permit without cost to the Township. Such permits shall be issued for a period of time not to exceed one year, and may be renewed for no more than two additional ninety day periods, except as may be provided otherwise in this chapter for specific uses.
11.
Seasonal Zoning Permits. A seasonal zoning permit may be authorized by the Zoning Officer for the placement of: 1) a temporary roadside stand; 2) a recreational vehicle or camping unit on an individual lot; or 3) a camping unit in a campground situated in any designated floodplain in the Township. Seasonal permits shall be valid for a year from the date of their issuance, unless otherwise indicated in this chapter. Before issuing a seasonal zoning permit, the Zoning Officer shall be satisfied that the requirements of all other applicable provisions of this chapter, including Part 3, the District Regulations, have been met.
§ 27-1203 Certificates of Occupancy.
[Ord. No. 1-70, 5/1/1968; as amended by Ord. No. 06-06, 6/6/2006]
1.
Requirements for Certificates of Occupancy. No land shall be occupied or used and no building hereafter erected, altered or extended shall be used in whole or in part or shall be changed in use until a certificate of occupancy has been issued by the Zoning Officer. Such certificate shall not be issued until the exterior walls of the building are complete and all essential or vital utilities have been installed. The issuance of a certificate of occupancy is not, however, intended to guarantee or warranty, either stated or otherwise, the soundness of any construction nor the habitability of any building or structure. The purpose of the certificate is only to certify that all work authorized by the zoning permit has been satisfactorily completed and that the building or proposed use thereof complies with the provisions of this chapter.
2.
Issuance and Effect. The applicant shall notify the Zoning Officer in writing upon completion of the permitted activity and the certificate of occupancy shall be issued or denied by the Zoning Officer within 10 days after the activity has been inspected and approved as complying with the provisions of this chapter and the issued permit. Once granted, the certificate of occupancy shall continue in effect so long as there is no change of use, regardless of change in ownership, tenants or occupants. If any part of the construction is found in violation, then the applicant shall be notified in writing of the deficiencies found or the reasons for denial of the certificate.
§ 27-1204 Enforcement; Violations and Penalties.
[Ord. No. 1-70, 5/1/1968; as amended by Ord. No. 06-06, 5/6/2006; and by Ord. No. 61, 5/7/2019]
1.
Failure to secure a zoning permit when required hereunder; 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.
Enforcement Notice. Whenever it appears to the Zoning Officer that there has been a violation of any provision of this chapter, the Zoning Officer shall give notice of such alleged violation as provided for in the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
Enforcement Remedies.
(1)
Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this chapter, whether enacted under current law or prior law, shall, upon being found liable therefore in a civil enforcement proceeding commenced by Kelly Township, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or be 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, Kelly 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. All judgments, costs and reasonable attorney fees collected for the violation of this chapter shall be paid over to Kelly Township. 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.
(2)
Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than Kelly Township the right to commence any action for enforcement pursuant to this section.
(3)
Nothing contained herein shall prohibit Kelly Township from commencing an action in equity to enforce the provisions of this chapter.
§ 27-1205 Fees.
[Ord. No. 1-70, 5/1/1968; as amended by Ord. No. 06-06, 6/6/2006]
1.
Fees for the issuance of zoning permits, certificates of occupancy, 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 separate resolution of the Township Supervisors.
2.
Further, any fees paid by a party for appeal of an enforcement notice to the Township Zoning Hearing Board, shall be returned to the appealing party by the Township if the Zoning Hearing Board, or any court in a subsequent appeal, rules in favor of the appealing party.