New Freedom City Zoning Code
ARTICLE XI
Administration and Enforcement
§ 225-1101 Zoning Officer.
[Amended 3-12-2007 by Ord. No. 2007-2]
A.
Appointment and powers. For the administration of this chapter, a Zoning Officer, who may not hold any elective office in the Borough, shall be appointed by the Borough Council. The Zoning Officer shall meet qualifications established by the Borough and shall be able to demonstrate to the satisfaction of the Borough a working knowledge of municipal zoning. The Zoning Officer shall administer 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 and other applicable Borough codes and ordinances. The Zoning Officer is the enforcement officer for this chapter. The Zoning Officer shall be authorized to institute civil enforcement proceedings as a means of enforcement when acting within the scope of the Zoning Officer's employment by the Borough.
B.
Application requirements.
(1)
The Zoning Officer shall receive applications for a zoning permit if any of the following are proposed:
(a)
Construct an accessory building of less than 240 square feet;
(b)
Construct an agricultural building (must be dedicated to agricultural use);
(c)
Install a fence;
(d)
Construct a sidewalk, patio or deck with a height above the ground of less than 30 inches;
(e)
Make minor, nonstructural, alterations to an existing residential or accessory structure, change of use;
(f)
Make modifications to an existing residential structure such as enclosing a porch, roofing a deck, reroofing the main structure, etc.; and
(g)
Any change to lot or building coverage.
(2)
An application for a zoning permit shall be filed prior to the start of construction or implementation of a modification or change in use in the lot or other proposed action. The application shall be in such form as the Borough determines from time to time and shall contain, at a minimum, sufficient detail to enable the Zoning Officer to determine whether the proposed use, activity or modification meets the requirements of this chapter and any other applicable Borough ordinance.
(3)
The Zoning Officer shall issue or deny such zoning permit within 30 days after receipt of a complete application and payment of the zoning permit fee, which fee shall be set by resolution of Borough Council from time to time. In the event of denial of a permit, the Zoning Officer shall provide written notification of such denial and the specific reasons for such denial, as provided herein.
(4)
The Zoning Officer or other duly appointed agent of the Borough shall be authorized to examine or inspect any structures and/or land for which an application for a zoning permit has been submitted. Such inspections may occur prior to, during or after the construction or implementation of the proposed use or modification. In the event an inspection reveals noncompliance with the zoning or any other applicable ordinance, the Zoning Officer may revoke the zoning permit until such time as compliance is restored.
C.
Certificate of use and occupancy.
(1)
A certificate of use and occupancy, certifying compliance with this chapter, must be obtained from the Zoning Officer for any new structure or for any changes of use of a structure or land as set forth below before such new structure or use or change of use is occupied or established.
(a)
Use of a structure which is erected, structurally altered or extended, or moved after the effective date of this chapter.
(b)
Use of vacant land except for agricultural purposes.
(c)
Any change in a conforming use of a structure or land.
(d)
Any change in a nonconforming use of a structure or land to a conforming use.
(e)
Any change in the use of a structure or land from that permitted by any variance of the Zoning Hearing Board.
(2)
The application for use certificate must include a statement of the intended use and any existing use of the structure or land. The certificate continues in effect as long as the use of the structure or land for which it was granted conforms with this chapter.
D.
Action on certificate of use and occupancy. Within 30 days, except for holidays, after receipt of an application for a certificate of use and occupancy, the Zoning Officer must grant or refuse the certificate. If the specifications and intended use conform in all respects with the provisions of this chapter, the Zoning Officer must issue a certificate to that effect. Otherwise, the Zoning Officer must state, in writing, the grounds for refusal.
E.
Enforcement. Upon determining that a violation of any of the provisions of this chapter exists, the Zoning Officer must send an enforcement notice 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. An enforcement notice shall state at least the following:
(1)
The name of the owner of record and any other person against whom the Borough intends to take action.
(2)
The location of the property in violation.
(3)
The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of this chapter.
(4)
The date before which the steps for compliance must be commenced (within 15 days of issuance of notice) and the date before which the steps must be completed (within 45 days of issuance of notice).
§ 225-1102 Amendments.
A.
The Borough Council may, from time to time, amend, supplement, or repeal any of the regulations and provisions of this chapter.
B.
Public hearing(s). Before voting on the enactment of an amendment, the Borough Council shall hold a public hearing thereon, pursuant to public notice, and pursuant to mailed notice and electronic notice.. In the case of an amendment other than that prepared by the Planning Commission, the Borough Council shall submit each such amendment to the Planning Commission at least 30 days prior to the hearing on such proposed amendment to provide the Planning Commission an opportunity to submit recommendations. If, after any public hearing held upon an amendment, the proposed amendment is changed substantially, or is revised, to include land previously not affected by it, the Borough Council shall hold another public hearing, pursuant to public notice, mailed notice and electronic notice, before proceeding to vote on the amendment.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C.
York County Planning Commission reviews. At least 30 days prior to the public hearing on any amendment by the Borough Council, the Borough shall submit the proposed amendment to the York County Planning Commission for recommendations.
D.
Amendments involving Zoning Map changes. If the proposed amendment involves a Zoning Map change, notice of the required public hearing shall be conspicuously posted by the Borough, at points deemed sufficient by the Borough, along the tract to notify potentially interested citizens. The affected tract or area shall be posted at least one week prior to the date of the hearing. In addition, written notice of the hearing shall be sent to the property owner and all adjoining property owners.
E.
Enactment of amendments.
(1)
Proposed amendments shall not be enacted unless notice of proposed enactment is given in the manner set forth in this section, and shall include the time and place of the meeting at which passage will be considered, a reference to a place within the Borough where copies of the proposed amendment may be examined without charge or obtained for a charge not greater than the cost thereof. The Borough Council shall publish the proposed amendment once in one newspaper of general circulation in the Borough not more than 60 days nor less than seven days prior to passage. Publication of the proposed amendment shall include either the full text thereof or the title and a brief summary, prepared by the Borough Solicitor and setting forth all the provisions in reasonable detail. If the full text is not advertised, then:
(a)
A copy thereof shall be supplied to the newspaper of general circulation in the Borough at the time the public notice is published; and
(b)
An attested copy of the proposed ordinance shall be filed in the County Law Library or other county offices designated by the County Commissioners, who may impose a fee no greater than that necessary to cover the actual costs of storing said ordinance.
(2)
In the event substantial amendments are made in the proposed amendment, before voting upon enactment, the Borough Council shall, at least 10 days prior to enactment, readvertise in one newspaper of general circulation in the Borough a brief summary setting forth all the provisions in reasonable detail, together with a summary of the amendments.
(3)
Within 30 days after enactment of any amendment to this chapter, a copy of the amendment shall be forwarded to the County Planning Commission.
F.
Landowner curative amendments. A landowner who desires to challenge on substantive grounds the validity of a zoning ordinance or map or any provision thereof which prohibits or restricts the use or development of land in which he has an interest may submit a curative amendment to the Borough Council with a written request that his challenge and proposed amendment be heard and decided as provided in Sections 609.1 and 916.1 of the Pennsylvania Municipalities Planning Code, 53 P.S. §§ 10609.1 and 10916.1, respectively, as amended.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
G.
Municipal curative amendments. If the Borough determines that its Zoning Ordinance or any portion thereof is substantially invalid, the Borough shall declare, by formal action, its Zoning Ordinance or portions thereof substantially invalid and propose to prepare a curative amendment to overcome such invalidity as provided for and in accordance with the procedures set forth in Section 609.2 of the Pennsylvania Municipalities Planning Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10609.2.
§ 225-1103 Fees.
The Borough Council shall, by resolution, establish fees for all applications, permits, or appeals provided for by this chapter to defray the costs of advertising, mailing notices, processing, inspecting, and copying applications, permits, and use certificates. The fee schedule shall be available at the Borough Office for inspection.
§ 225-1104 Appeals.
Any person aggrieved or affected by provision of this chapter or decision of the Zoning Officer, Borough Engineer, Zoning Hearing Board, or Borough Council may appeal in the manner set forth in either Article IX or Article X-A of the Pennsylvania Municipalities Planning Code, as amended, which ever is applicable.
§ 225-1105 Interpretation.
The provisions of this chapter shall be held to be minimum requirements to meet the purposes of this chapter. When provisions of this chapter impose greater restrictions than those of any statute, other ordinance, or regulations, the provisions of this chapter shall prevail. When provisions of any statute, other ordinance, or regulation impose greater restrictions than those of this chapter, the provisions of such statute, ordinance, or regulations shall prevail.
§ 225-1106 Actions or proceedings.
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 Borough Council or, with approval of the Borough Council, an officer of the Borough, or any aggrieved owner or tenant of real property who shows that his property or person will be substantially affected by the alleged violation, may institute any appropriate action or proceeding to prevent, restrain, correct, or abate any such building, structure, 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 Borough Council at least 30 days prior to the time the action is begun by serving a copy of the complaint on the Borough. No such action may be maintained until such notice has been given.
§ 225-1107 Violations and penalties.
A.
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 Borough, pay a judgement of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Borough as a result thereof. No judgement 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 judgement, the Borough may enforce the judgement 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 not such a 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.
B.
All judgements, costs and reasonable attorney fees collected for the violation of this chapter shall be paid over to the Borough.
§ 225-1108 Severability.
If any section, clause, provision or portion of this chapter shall be held invalid or unconstitutional by a recognized court of the commonwealth, such decisions shall not affect the legality of the remaining sections, clauses, provisions, or portions of this chapter.
§ 225-1109 Repealer.
All Borough ordinances or parts thereof in conflict with this Zoning Ordinance or inconsistent with the provisions of this chapter are hereby repealed to the extent necessary to give this chapter full force and effect.
§ 225-1110 Enactment.
This chapter shall take effect immediately upon adoption and publication according to law. This chapter shall revoke and repeal the prior Zoning Ordinance of New Freedom Borough adopted January 13, 1992, and all amendments thereto, effective upon enactment of this chapter.