Paradise Township Monroe County
City Zoning Code
City Zoning Code
ARTICLE VI
Administration and Enforcement
§ 160-25 Appointment and powers of Zoning Officer.
A.
For the administration of this chapter, a Zoning Officer, who shall not hold any elective office in the Township of Paradise, shall be appointed.
B.
The Zoning Officer shall meet the qualifications established by the Township of Paradise and shall be able to demonstrate to the satisfaction of the Township of Paradise a working knowledge of municipal zoning.
C.
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.
D.
The Zoning Officer is hereby authorized to institute civil enforcement proceedings as a means of enforcement when acting within the scope of his employment.
E.
Duties and powers. The Zoning Officer shall receive and examine all applications for zoning permits and shall issue or deny a zoning permit in accordance with the provisions of this chapter. The Zoning Officer shall have the right, after giving appropriate notice, to make an inspection of buildings or land necessary for the proper execution of his duties and shall issue a written notice of violation to any person, firm or corporation violating any provision of this chapter. He shall keep records of applications for permits issued and denied, of notices issued for violations, of inspections made, of complaints received and other pertinent matters, a summary record of which shall be transmitted monthly to the Secretaries of the Board of Supervisors, the Commission and the Zoning Hearing Board.
F.
The Zoning Officer shall administer all chapters of the Paradise Township Code of Ordinances.
§ 160-26 Zoning permits.
A.
Purpose. The purpose of the zoning permit is to determine compliance with the provisions of this chapter and no person shall erect, convert or structurally alter any building or part thereof, nor alter the use of any land, subsequent to the adoption of this chapter, until a zoning permit has been issued by the Zoning Officer. After a zoning permit has been issued, the applicant may proceed to undertake the action permitted by the permit and, upon completion of such action, shall apply to the Zoning Officer for an occupancy and use permit where such a permit is required.
B.
Applications for zoning permits.
[Amended 6-15-2010 by Ord. No. 181]
(1)
All applications for zoning permits shall be in writing, on forms to be furnished by the Township.
(3)
A land survey may be required by the Zoning Officer if deemed necessary to properly evaluate the application.
(4)
Upon the issuance of a zoning permit, the Zoning Officer shall return one copy of all filed documents to the applicant and forward one copy to the County Tax Assessor. In the event the application is denied, reasons for such denial shall be transmitted to the applicant in writing.
(5)
Any zoning permit shall expire if construction has not commenced within one year after the date of issuance or has not been completed within three years from said date, unless an extension, not to exceed six months, is authorized in writing by the Zoning Officer.
(6)
For any type of zoning permit involving any structure that will be inhabited or reinhabited, or for initiation or change of any use, a Zoning Certificate of Occupancy is required. No such certificate shall be issued until all fees and charges owed the Township are paid in full. Once issued, the Zoning Certificate of Occupancy shall become one of two Certificates required for issuance of a Paradise Township Certificate of Habitability. The other Certificate required before a Certificate of Habitability will be issued is a Uniform Construction Code Certificate of Occupancy.
(7)
Receipts evidencing that there are no delinquent county, Township, or school real estate taxes due and owing with respect to the premises or any other property owned by the Applicant in the Township.
[Added 2-17-2021 by Ord. No. 266]
C.
Certificate of Habitability required. No person or business entity shall occupy, inhabit or utilize any property undergoing a new use, construction, additions or renovations, which use, construction, addition or renovation is regulated under the Paradise Township Code of Ordinances until a Certificate of Habitability is issued by the Zoning Officer.
[Added 6-15-2010 by Ord. No. 181]
D.
Certificate of Habitability. A Paradise Township Certificate of Habitability shall be a two-part permit when compliance with the Uniform Construction Code is required. Applicants must obtain both a permit and inspections under the Uniform Construction Code administered by the Construction Code Official, and a Zoning Certificate of Occupancy issued by the Zoning Officer of Paradise Township. If either a Uniform Construction Code Certificate of Occupancy or a Zoning Certificate of Occupancy is not required, the Building Code Official or the Zoning Officer shall be required to sign the Certificate of Habitability documenting that the respective Certificate is not applicable.
[Added 6-15-2010 by Ord. No. 181]
(1)
A Uniform Construction Code Certificate of Occupancy shall be issued by the Building Code Official in accordance with the requirements of the Uniform Construction Code through Ordinance No. 178 enacted on December 15, 2009.
(2)
A Zoning Certificate of Occupancy shall be issued by the Zoning Officer after all conditions of all applicable ordinance requirements are met, and the applicant has satisfied any/all conditions imposed by the Paradise Township Board of Supervisors and/or the Paradise Township Zoning Hearing Board. Applicable ordinance requirements shall include the following where required:
(i)
All applicable outside agency permits.
§ 160-27 Permit application procedures for permitted uses.
All applications submitted to the Zoning Officer for a zoning permit involving a permitted use, as designated by this chapter, shall be accompanied by one copy of a plot plan and all other required documentation. A zoning permit for a permitted use shall be issued or denied by the Zoning Officer, on his own authority, within 30 days after the filing of a complete and properly prepared application.
§ 160-29 Permit application procedures for conditional uses.
All applications submitted to the Zoning Officer for a zoning permit involving a conditional use related to surface mining, as designated by this chapter, shall be accompanied by four copies of a site development plan prepared in accordance with the provisions contained in § 160-30. All applications submitted to the Zoning Officer for a zoning permit involving a conditional use not related to surface mining, as designated by this chapter, shall be accompanied by four copies of a site development plan prepared in accordance with the provisions contained in § 160-30B(1)(a) through (h) (inclusive) and § 160-30B(2)(a), (b), (c), and (e). A zoning permit for conditional use shall be issued or denied by the Zoning Officer after the filing of a complete and properly prepared application, subject to review by the Commission and upon written order of the Board of Supervisors, in accordance with the following procedure:
A.
Referrals to Commission and Board of Supervisors. Within 10 days of the filing of a complete and properly prepared application for a zoning permit for a conditional use, the Zoning Officer shall transmit one copy of such application to the Secretary of the Board of Supervisors and one copy to the Secretary of the Commission.
B.
Referrals to the County Planning Commission. Should any development plan involve any areas specified in Article X, § 160-52, the Zoning Officer shall transmit to the Secretary of the County Planning Commission a copy of said information within 10 days of the receipt thereof. The County Planning Commission shall report its opinions, findings and recommendations to the Zoning Officer within 30 days. Failure to do so shall constitute a favorable opinion of said site development plan by the County Commission.
C.
Commission review. In reviewing a site development plan, the Commission shall take into consideration the design, location and adequacy of traffic access, parking, landscaping and screening, illumination and necessary public services and facilities and similar factors relating to the health, safety, welfare, comfort and convenience of the public in general and of the residents of the immediate neighborhood in particular. If it is deemed necessary to do so, the Commission may obtain the advice of consultants qualified to advise as to whether a proposed use will conform to the requirements of this chapter.
D.
Commission action. Within 30 days, the Commission shall act to recommend to the Board of Supervisors, in writing, that the site development plan be approved, approved with modifications or disapproved. Failure on the part of the Commission to act within 30 days shall be construed as a favorable recommendation of the Commission.
E.
Supervisors' action. Within 60 days, the Township Supervisors shall hold a public hearing on the application for a conditional use zoning permit after due public notice in accordance with Section 107 of the Pennsylvania Municipalities Code[1] and this chapter. The Township Supervisors shall review the recommendations of the Commission and transmit an order, in writing, to the Zoning Officer to approve, approve with modifications or disapprove the application for a zoning permit for a conditional use.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
F.
Zoning Officer's action. Within 10 days of an applicant's documented compliance with a Conditional Use Decision or a Special Exception Decision, the Zoning Officer shall either issue a zoning permit in accordance with the written order of the Board of Supervisors or the Zoning Hearing Board or notify the applicant, in writing, as to the reasons why said permit was denied.
[Amended 6-15-2010 by Ord. No. 181]
G.
Conditional uses. Where the Board of Supervisors, in this chapter, has stated conditional uses to be granted or denied by the Board of Supervisors pursuant to express standards and criteria, the Board of Supervisors shall hold hearings on and decide requests for such conditional uses in accordance with such standards and criteria. 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 may deem necessary to implement the purpose of this chapter and the Pennsylvania Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
H.
The Board of Supervisors shall have a stenographer present to record Conditional Use Hearings. The appearance fee for a stenographer shall be shared equally by the applicant and the Board. The cost of the original transcript shall be paid by the Board if the transcript is ordered by the Board or hearing officer or shall be paid by the person appealing from the decision of the Board if such appeal is made, and in either event the cost of additional copies shall be paid by the person requesting such copy or copies. In other cases the party requesting the original transcript shall bear the cost thereof.
I.
The Board of Supervisors reserves the right to allow modifications to specific requirements of this Ordinance that the applicant proves to the satisfaction of the Board of Supervisors are required under applicable federal law to provide a "reasonable accommodation" to serve persons who the applicant proves have "disabilities" as defined in and protected by such laws.
(1)
Such reasonable accommodations shall be requested in accordance with the United States Fair Housing Act Amendments and/or the Americans with Disabilities Act, as amended.
(2)
If the applicant is requesting a reasonable accommodation under the United States Fair Housing Act of 1988, as amended, or the American with Disabilities Act, as amended, the applicant shall identify the disability which is protected by such statutes, the extent of the modification of the provisions of this Ordinance necessary for the reasonable accommodations, and the manner by which the reasonable accommodations requested may be removed when such person(s) with a protected disability no longer will be present on the property.
(3)
Any modification approved under this section may be limited to the time period during which the persons with disabilities occupy or utilize the premises.
J.
Conditional Use Permit. If a conditional Use Decision has been awarded and no permit issued within five years, the Decision will expire and become null and void.
[Amended 6-15-2010 by Ord. No. 181]
§ 160-30 Site development plans.
A.
In all cases where this chapter or any other ordinance requires the submission of a site development plan, no zoning permit shall be issued by the Zoning Officer except upon authorization of and in conformity with the site development plan approved by the Supervisors, after review by the Commission, in accordance with § 160-30 hereof.
B.
Elements of a site development plan. The site development plan map should be prepared by a civil engineer, surveyor, land planner, architect or other competent person. Elements of a site development plan shall include those listed below which are appropriate to the proposed development.
(1)
Basic data.
(a)
Name and address of the owner of record.
(b)
Lot, block and section number of the property taken from the latest tax records.
(c)
Name and address of person, firm or organization preparing the map.
(d)
Date, North point and written and graphic scale.
(e)
Description (bearings and distances) of the boundaries of the property.
(f)
The location, names and widths of all existing roads.
(g)
The names of owners of all adjoining lands as shown on the latest records and the location of all buildings within 1,320 feet of the tract.
(h)
Existing deed restrictions or covenants applying to the property.
(i)
Topography, the contour line intervals of which shall be not more than two feet for land with average natural slope of 4% or less and not more than five feet for land with average natural slope exceeding 4%. Location and elevation to which contour elevations refer shall be identified; where reasonably feasible, this shall be a known, established benchmark. Slopes exceeding 20% shall be indicated clearly.
(j)
With respect to surface mining conditional use applications, the following shall be required:
[1]
The location of all drainage areas and subdrainage basins within the tract of land and which contribute flow to the tract of land, including computation of drainage areas above and below the contemplated mining area and tract.
[2]
The location, name, types and amounts of materials or resources to be extracted under the application. Materials of a type not identified or in quantities not requested shall not be mined or extracted without submitting a new and separate application for a conditional use, as well as any other permits or approvals required at the time of such extraction.
[3]
The location and classification of all abutting or adjacent zoning districts and the existing land use on all abutting properties.
(2)
Development plan.
(a)
The location of existing and proposed buildings or structural improvements.
(b)
The location of all uses not requiring structures, such as off-street parking and loading areas.
(c)
The location and time of use of any proposed outdoor lighting or public address system.
(d)
The location and plans for any outdoor signs.
(e)
The location and arrangement of proposed means of ingress and egress, including sidewalks, driveways or other paved areas.
(f)
Any proposed landscaping, screening or grading, including contours and acceptable erosion and sedimentation control plan.
[1]
The applicant shall submit the erosion and sedimentation control plan to the Monroe County Conservation District for review.
(g)
The location, size and profiles of existing and proposed water lines, storm sewer lines and sanitary sewer lines or alternate means of water supply, storm drainage and sewage disposal.
(h)
Any proposed deed restrictions or covenants.
(i)
Any other types of permits required, including but not limited to highway occupancy (state or Township), sewage, swimming pool and stream encroachment.
(3)
In addition, development plan/surface mining. With respect to uses authorized for extractive uses under § 160-12A(67), the following shall be required:
(a)
A site plan with the following minimum information:
[1]
Scale not less than one inch equals 100 feet.
[2]
Boundary of the entire tract by courses and distances, surveyed in accordance with current ALTA/ASCM Land Title Survey and Mapping Standards. Property and planimetric features survey shall meet Class A requirements. The plan shall bear the seal of a surveyor registered in the Commonwealth of Pennsylvania. Elevation survey shall be of third order accuracy and 90% of all spot elevations determined from the map must be within plus or minus 1/2 the contours interval of correct elevations. Contour intervals shall be not less than two feet.
[3]
Monumentation and benchmarks for proposed limits for mining.
[4]
Vehicular access with site distances for existing and proposed.
[5]
Zoning district boundaries and adjacent districts.
[6]
Setback limits graphically indicated.
[7]
All existing occupied and/or unoccupied structures located within 1,320 feet of the limits of the mining tract.
[8]
The location and names of all streams, roads and railroads on or immediately adjacent to the area.
[9]
Acreage to be mined.
[10]
Location and details of groundwater monitoring wells.
[11]
Location and details of sediment control facilities, including but not limited to ponds, berms and ditches.
[12]
Location of existing and/or proposed on-site water supply and sewage collection and disposal systems.
[13]
Location and details of existing and proposed security fencing.
[14]
A listing of all necessary permits from the PADEP, including any existing permit numbers and reference of mining, mine drainage and national pollution discharge elimination systems.
[15]
Owner's name, address and telephone number.
[16]
Applicant's name, address and telephone number.
[17]
Cross-section reference.
[18]
Significant natural features, including all wetlands and floodplains.
[19]
Direction of groundwater flow.
[20]
Location of all proposed structures with designated purpose, including the storage of explosives.
[21]
The location of all existing or proposed easements on the tract or off the tract, but affected by the proposed use.
(b)
The purpose for which each on-site and off-site building is used.
(c)
A natural features plan at a scale of one inch equals 100 feet.
(d)
A reclamation plan with the following minimum information:
[1]
Scale not less than one inch equals 100 feet.
[2]
Boundary as shown upon existing features map.
[3]
Final proposed elevation contour lines at two-foot intervals.
[4]
Final groundcover and seedbed preparation.
[5]
Planting schedules.
[6]
All structures and man-made features to be removed within reclaimed area.
[7]
Soil erosion and sedimentation control measures.
(e)
The mining plan, showing mining blocks; the sequence of mining; areas to be excavated, with depth and other dimensions; areas for overburden storage and mining product storage; cross-sections of the proposed activity areas.
(f)
Any proposed alterations to streams, drainageways and wetlands, with proposed action to assure maintenance of stream and water quality and quantity.
(g)
Any proposed fencing, screening or landscaping.
(h)
Location of wells and other tests required by the detailed hydrogeologic study.
(i)
All stormwater retention and detention facilities, both temporary and permanent.
(j)
Cross-section drawings shall be provided showing:
[1]
Cross-sections at a horizontal scale of not less than one inch equals 50 feet and a vertical scale of not less than one inch equals five feet.
[2]
Cross-sections to be taken longitudinally and perpendicular to the longitudinal sections spaced in approximately equal increments of no less than 100-foot intervals both ways; all sections to extend 100 feet beyond mining limits.
[3]
Cross-section plots to use same elevation reference datum as used for contour map.
[4]
Cross-sections to show existing ground profile, approximate extent of overburden, groundwater level, final mining elevations and final ground elevation profile after restoration.
§ 160-31 Zoning permit fees.
§ 160-32 Enforcement notice.
A.
If it appears to the Township of Paradise that a violation of this chapter has occurred, the Township of Paradise shall initiate enforcement proceedings by sending an enforcement notice as provided in this section.
B.
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.
C.
An enforcement notice shall state at least the following:
(1)
The name of the owner of record and any other person against whom the Township of Paradise 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 and the date before which the steps must be completed.
(5)
That the recipient of the notice has the right to appeal to the Zoning Hearing Board within a period of 30 days.
§ 160-33 Causes of action.
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 Board of Supervisors or, with the approval of the Board of Supervisors, an officer of the Township of Paradise 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 of Paradise at least 30 days prior to the time the action is begun by serving a copy of the complaint on the Board of Supervisors. No such action may be maintained until such notice has been given.
§ 160-34 Enforcement remedies.
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 Township of Paradise, pay a judgment of not more than $500, plus all court costs, including reasonable attorney fees incurred by the Township of Paradise 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 District Justice. If the defendant neither pays nor timely appeals the judgment, the Township of Paradise 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 District Justice 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 District Justice, and thereafter, each day that a violation continues shall constitute a separate violation.
[Amended 6-15-2010 by Ord. No. 181]
B.
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.
C.
Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the Township of Paradise the right to commence any action for enforcement pursuant to this section.
D.
District Justices shall have initial jurisdiction over proceedings brought under this section.