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Topton City Zoning Code

ADMINISTRATION AND

ENFORCEMENT

§ 154.135 ENFORCEMENT.

   (A)   Zoning Officer. The Zoning Officer shall be appointed by the Borough Council to administer and enforce this zoning chapter. The Zoning Officer may not hold any elective office in the borough.
   (B)   Duties and powers of Zoning Officer.
      (1)   It shall be the duty of the Zoning Officer to enforce literally the provisions of this chapter and the amendments thereto and he or she shall have such duties and powers as are conferred on him or her by this chapter and as are reasonably implied for that purpose.
      (2)   The Zoning Officer’s duties shall include but are not limited to the following:
         (a)   Receive applications for and issue zoning permits and sign permits as permitted by the terms of this chapter;
         (b)   Keep an official record of all business and activities, including complaints of a violation of any of the provisions of this chapter and of the subsequent action taken on each such complaint. All such records shall be open to public inspection. File copies of all applications received, permits issued, reports and inspections made in connection with any structure, building, sign and/or land shall be retained as long as the use or structure remains in existence;
         (c)   Make inspections as required to fulfill his or her duties. He or she shall have the right to enter any building or structure or enter upon any land at any reasonable hour in the course of his or her duties;
         (d)   Issue permits for special exception uses or for variances only after a special exception or variance has been approved by the Zoning Hearing Board in accordance with the regulations of this chapter;
         (e)   Issue permits for conditional use only after such conditional use has been approved by Borough Council;
         (f)   Maintain records of adopted amendments to this chapter and the zoning map;
         (g)   Issue certificates of use and occupancy in accordance with the terms of this chapter; and
         (h)   Identify and register nonconforming structures and uses created as a result of the adoption of this chapter and the official zoning map or created as a result of amendments thereto.
   (C)   Notice of violations.
      (1)   The Zoning Officer shall serve a notice of violation on any person, firm, corporation, partnership or other entity responsible for violating any of the provisions of this chapter, or any amendment thereto, or in violation of a detailed statement or a plan approved thereunder.
      (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, stating at least the following:
         (a)   The name of the owner of record and any other person against whom the municipality 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 the chapter;
         (d)   The date before which the steps for compliance must be commenced and the date before which the steps must be completed;
         (e)   The recipient of the notice has the right to appeal to the Zoning Hearing Board within a prescribed period of time in accordance with procedures set forth in the chapter; and
         (f)   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.
      (3)   If the notice of violation is not complied with in the time period set forth in said notice, the Zoning Officer shall order the discontinuance of such unlawful use of the structure, building, sign and/or land involved in said violation.
      (4)   Refer to 53 P.S. § 10616.1 for additional enforcement provisions.
(Ord. passed 7-13-2015)

§ 154.136 ZONING PERMIT.

   (A)   Generally. No building, structure or sign shall be erected, constructed, moved, added to or structurally altered, nor shall land be put to any use without a permit therefore issued by the Zoning Officer.
      (1)   No such permit shall be issued, except in conformity with the provisions of this chapter, or upon written order from the Zoning Hearing Board in the form of a special exception, variance or as otherwise provided for by this chapter, any applicable laws or any court of competent jurisdiction.
      (2)   In addition, in special flood hazard areas as delineated on the most recent Federal Emergency Management Agency flood insurance rate map and all present or future amendments, supplements or additions thereto, a zoning permit shall be required for:
         (a)   All mining, dredging, filling, grading, paving, excavation and drilling activities; and
         (b)   Any repair, reconstruction or improvement of a building or structure, the cost of which exceeds 50% of the market value of the building or structure either:
            1.   Before the improvements or repair is started; or
            2.   If the structure has been damaged and is being restored, before the damage occurred.
   (B)   Form of application. All applications shall be made in writing and shall be accompanied by two sets of plans showing at least the following information:
      (1)   Actual dimensions and shape of the lot to be built upon;
      (2)   The exact size and location on the lot of buildings, structures or signs existing, proposed extensions thereto, and/or to be constructed thereon;
      (3)   The number of dwelling units, if any, to be provided;
      (4)   Parking spaces provided and/or loading facilities;
      (5)   Statement indicating the existing or proposed use;
      (6)   A copy of the deed, and if applicant is not the record owner, authorization to proceed with application;
      (7)   In the case of new construction, additions or replacement, the height of structures, buildings or signs;
      (8)   All other information necessary for such Zoning Officer to determine conformance with and provide for enforcement of this chapter. When deemed appropriate by the Zoning Officer, the site plan referenced above for any new structure and/or addition(s) to an existing structure shall be produced on a survey plan of the entire property prepared and sealed by a registered surveyor;
      (9)   One copy of the plans shall be returned to the applicant by the Zoning Officer after he or she shall have marked such copies either as approved or disapproved and attested to same by his or her signatures on such copy;
      (10)   One copy of all such plans shall be retained by the Zoning Officer for his or her permanent records;
      (11)   The Zoning Officer may submit a copy of any plan and application to any appropriate agencies and/or individuals (such as the Planning Commission or Township Engineer) for review and comment. The cost of such additional review or comment shall be funded by the applicant; and
      (12)   Such approval and zoning permit shall be issued or refused within 30 days from date of application. In case of refusal, the applicant shall be informed of his or her rights of appeal to the Zoning Hearing Board within 30 days of denial. The application for a permit shall be submitted in such form as the Zoning Officer may prescribe.
   (C)   Expiration of zoning permit.
      (1)   A by-right zoning permit shall expire six months after the date of issuance, if work described in any permit has not begun. If work described in any permit has begun within said six months period, said permit shall expire two years from date of issuance thereof.
      (2)   A zoning permit issued pursuant to a granted variance, or special exception, unless otherwise specified by the Zoning Hearing Board, shall expire if the applicant fails to obtain a building permit within 12 months of the authorization date, or if no building permit is required, fails to occupy the structure within 12 months of the authorization date.
      (3)   A zoning permit issued pursuant to a granted conditional use, unless otherwise specified by Borough Council, shall expire if the applicant fails to obtain a building permit within 12 months of the authorization date, or if no building permit is required, fails to occupy the structure within 12 months of the authorization date.
(Ord. passed 7-13-2015)

§ 154.137 CERTIFICATE OF USE AND OCCUPANCY.

   (A)   A certificate of use and occupancy shall be required upon the completion of the work for which the zoning permit was issued.
   (B)   It shall be unlawful to use and/or occupy any structure, building and/or land or portions thereof in any manner until a certificate of use and occupancy has been issued.
      (1)   Form of application. The application for a certificate of use and occupancy shall be submitted in such form as the Zoning Officer may prescribe.
      (2)   Issuance of certificate of use and occupancy.
         (a)   The Zoning Officer shall inspect any structure, buildings, sign and/or land or portions thereof and shall determine the conformity therewith. If the Zoning Officer is satisfied that the completed work is in conformity with this chapter and with the work listed in the zoning permit, the Zoning Officer shall issue a certificate of use and occupancy.
         (b)   A certificate of use and occupancy shall be granted or refused in writing, within ten days from the date of application. An applicant desiring to appeal must file with the Zoning Hearing Board within 30 days.
      (3)   Certificate of use and occupancy.
         (a)   In zoning districts in which performance standards are imposed, no certificate of use and occupancy shall become permanent until the Zoning Officer has reinspected the facility and determined that it is in compliance with all performance standards. The owner of the facility shall request in such form as the Zoning Officer may prescribe, that the Zoning Officer reinspect said facility. Such request shall be made no less than 30 nor more than 45 days after the facility is fully operating, but in no event shall such request be made more than 120 days after the certificate of use and occupancy has been issued.
         (b)   The Zoning Officer shall reinspect the facility within 30 days of receipt of such notification, and he or she shall notify the applicant, in writing within ten days thereof that:
            1.   The facility is in full compliance with all performance standards and the certificate of use and occupancy is permanent; or
            2.   The facility does not comply with the performance standards and that the certificate of use and occupancy is still temporary and may be revoked if the applicant does not correct all violations.
         (c)   Requests for additional reinspections and action by the Zoning Officer for correction of violations shall follow the same procedure and requirement as described in this division (B)(3) for reinspections. If the Zoning Officer fails to reinspect a facility within 30 days of receipt of notification requesting reinspections, the facility shall be deemed to be in full compliance with all performance standards and the certificate of use and occupancy shall be considered permanent without further action on the part of the applicant.
(Ord. passed 7-13-2015)

§ 154.138 SCHEDULE OF FEES, CHARGES AND EXPENSES.

   (A)   The Borough Council shall establish, by resolution, a schedule of fees, charges and expenses and collection procedures for zoning permits, certificates of use and occupancy, special exceptions, variances, and appeals and other matters pertaining to this chapter.
   (B)   The schedule of fees shall be available for inspection in the office of the Zoning Officer and may be altered or amended by the Borough Council by resolution.
   (C)   Until all application fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.
(Ord. passed 7-13-2015)

§ 154.139 AMENDMENTS.

   The provisions of this chapter and boundaries of zoning districts as set forth on the official zoning map, may from time to time be amended or changed by the Borough Council.
   (A)   Procedure. The following procedures shall be observed prior to making any amendment or change of this chapter or parts thereof including the official zoning map.
      (1)   Referred to Borough Planning Commission. Every such proposed amendment or change not initiated by the Borough Planning Commission shall be referred to the Borough Planning Commission at least 30 days prior to the Borough Council holding a public hearing thereon to provide the Borough Planning Commission an opportunity to submit recommendations.
      (2)   Recommendations. The recommendations, if any, of the Borough Planning Commission shall be submitted in writing to the Borough Council.
      (3)   Submitted to the County Planning Commission. All proposed amendments to this chapter shall be submitted to the County Planning Commission for its recommendations at least 30 days prior to the public hearing. Within 30 days after enactment, a copy of any amendment to the zoning chapter shall be forwarded to the County Planning Commission.
      (4)   Curative amendments by landowner. A landowner who desires a challenge on substantive grounds the validity of an ordinance or map or any provision thereof, which prohibits or restricts the use or development of land in which he or she has an interest may submit a curative amendment to the Borough Council with a written request that his or her challenge and proposed amendment be heard and decided as provided in the Pennsylvania Municipalities Planning Code, as amended. The Borough Council shall commence a hearing thereon within 60 days of the request. The curative amendment shall be referred to the County and the Borough Planning Commissions as provided in this section and notice of the hearing thereon shall be given as provided in division (C) below and in the Pennsylvania Municipalities Planning Code, as amended. The hearing shall be conducted in accordance with § 154.151(B)(4) to (B)(8) and all references therein to the Zoning Hearing Board shall, for the purposes of this section, be references to the Borough Council. Consistent with 53 P.S. § 10609.1.c, Council shall consider the curative amendments, plans and explanatory material submitted by the landowner and shall also consider:
         (a)   The impact of the proposal upon roads, sewer facilities, water supplies, schools and other public service facilities;
         (b)   If the proposal is for a residential use, the impact of the proposal upon regional housing needs and the effectiveness of the proposal in providing housing units of a type actually available to and affordable by classes of persons otherwise unlawfully excluded by the challenged provisions of the ordinance or map;
         (c)   The suitability of the site for the intensity of use proposed by the site’s soils, slopes, woodlands, wetlands, floodplains, aquifers, natural resources and other natural features;
         (d)   The impact of the proposed use on the site’s soils, slopes, woodlands, wetlands, floodplains, natural resources and natural features, the degree to which these are protected or destroyed, the tolerance of the resources to development and any adverse environmental impacts; and
         (e)   The impact of the proposal on the preservation of agriculture and other land uses which are essential to public health and welfare.
      (5)   Curative amendments by the borough. If the borough determines that its zoning chapter or any portion thereof is substantially invalid, it shall take the actions proscribed by 53 P.S. § 10609.2.
   (B)   Public hearing. The Borough Council shall hold a public hearing before voting on the enactment of any amendment or change, pursuant to public notice, all in a manner consistent with 53 P.S. § 10609.
   (C)   Notice. The first notice of any public hearing shall be given no more than 30 days and not less than 14 days in advance of any public hearing required by this chapter. Such notice shall be published once each week for two successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. Second notice shall be no less than seven days prior to public hearing.
   (D)   Electronic notice. Electronic notice may be required pursuant to 53 P.S. § 10109.
(Ord. passed 7-13-2015)