Wellsboro City Zoning Code

Receive and evaluate applications for permits, certificates, variances, conditional uses, appeals and other applications within the terms of this chapter;

Prescribe the form of all applications, permits and certificates required under the terms of this chapter;

Issue permits for the construction, alteration or erection of all buildings or structures which are in accord with the requirements of this chapter, within 30 days after receipt of a complete application for such a permit. In cases of applications for a conditional use, special exception, 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 or the Borough Council, as appropriate;

Deny applications for permits which do not meet the requirements of this chapter, within 30 days following receipt of such application. Said denial shall be in writing and shall state the reasons for such action;

Examine land, buildings, and structures to determine their consistency with the Zoning Ordinance at the time of filing an application, during the work and upon completion of the work. Inspections to enforce the provisions of this chapter shall be made at a reasonable hour and upon presentation of proper credentials;

Issue or deny requests for certificates of occupancy within 10 days after final inspection of the activity. A denial shall be in writing and shall state the reasons for such action;

Issue written enforcement notices as specified in § 27-1807 where it appears that there has been a violation, and to institute civil enforcement proceedings with the District Justice having jurisdiction on behalf of the Borough as a means of enforcing the zoning regulations. Duplicate copies of such notices shall be referred to the Zoning Hearing Board and to the Borough Council; and

Review the application for the permit to determine if all other necessary government permits required by State and Federal laws have been obtained, such as those required by the Pennsylvania Sewage Facilities Act (Act 1966-537, as amended); the Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended); the Pennsylvania Clean Streams Act (Act 1937-394, as amended); and the U.S. Clean Water Act, Section 404, 33, U.S.C. 1344, No permit shall be issued until this determination has been made.

No encroachment, alteration, or improvement of any kind shall be made to any watercourse until all adjacent municipalities which may be affected by such action have been notified by the Borough, and until all required permits or approvals have been first obtained from the Department of Environmental Protection, Bureau of Dams, Waterways and Wetlands.

In addition, the Federal Insurance Administrator and Pennsylvania Department of Community and Economic Development, Bureau of Community Planning, shall be notified by the Borough prior to any alteration or relocation of any watercourse.

Keep and maintain a permanent and public record and file of all activities undertaken by him in the performance of his official duties: including file copies of all applications received, permits issued, placards distributed, inspections and reports made in connection with any structure, dwelling, sign or land;

Issue preliminary opinions (in accord with Section 916.2 of the Pennsylvania Municipalities Planning Code) that a landowner's proposed use or project 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 circulation in the area. 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;

Be responsible for maintaining and updating the Official Zoning Map with respect to any amendments thereto;

Identify and register nonconforming premises in accord with the nonconforming regulations of Part 14; and

Inform the Borough Council prior to issuing violation and/or enforcement notices.

Classes of Zoning Permits. Under the terms of this chapter, the following classes of zoning permits may be issued:

Requirement for Zoning Permits.

Application.

Plan Requirements.

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 required. 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.

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 consent or approval of the Zoning Officer. Requests for any such change shall be in writing, and shall be submitted by the applicant to the Zoning Officer for consideration.

Permit and Permit Placard. In addition to the Zoning Permits, the Zoning Officer shall issue a permit placard which shall be displayed or posted on the premises during the construction time period. The permit placard shall remain on display until completion of the project and final inspection has been made by the Zoning Officer. Said placard shall bear the permit number, date of issuance, and the signature of the Zoning Officer.

Time Limitations. An application for a permit for any proposed work shall be deemed to have been abandoned six months after the date of filing unless such application has been diligently pursued or a permit shall have been issued. Reasonable extensions of time not exceeding 90 days may be granted at the discretion of the Zoning Officer.

Expiration of Permit. If the work approved by issuance of any zoning permit has not begun within one year from the date of issuance, said permit shall expire. One extension of up to six months may be granted at the discretion of the Zoning Officer if requested in writing showing good cause by the applicant. If the work approved by issuance of any zoning permit has not been completed within two years from the date of issuance, said permit shall expire. Further work on the premises shall not continue until a new zoning permit has been obtained.

Inspections. 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 Borough laws. He shall make as many inspections as necessary to determine compliance.

Revocation of Permit. 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 cases, the person holding the permit shall immediately surrender it to the Zoning Officer. A report of such revocation shall also be submitted to the Borough Council.

Temporary Use Permits. It is recognized that from time to time it may contribute to the welfare of the Borough and its residents to allow the occupancy of land or structure for a temporary time period by a use other than those normally permitted. In this case, the Zoning Officer may approve such a temporary use, and issue a temporary use permit for the time period not to exceed one year, and under the conditions that will enhance the public health, safety and welfare.

Occupancy Permits. Prior to the use or occupancy of any land or building for which a zoning permit is required or to any change of use of any existing structure or land, an occupancy permit shall be secured from the Zoning Officer. A copy of the occupancy permit shall be kept on the premises and shall be shown to any officer of the Borough upon request. All applications for occupancy permits shall be in writing.

If any proposed construction or development is located entirely or partially within any identified floodplain area, applicants for zoning permits shall provide all the necessary information in sufficient detail and clarity to enable the Zoning Officer to determine that:

Development, construction, rehabilitation and other activities in SFHAs in the FIS are subject to regulations related to Technical Provisions, Activities Requiring Special Permits, Existing Structures in Identified Floodplain Areas, Variances and Definitions in Ordinance No. 679 as enacted on May 11, 2015, as subsequently amended.

The name of the owner of record and any other person against whom the Municipality intends to take action.

The location of the property in violation.

The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of the ordinance.

The date before which the steps for compliance must be commenced and the date before which the steps must be completed.

That 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 ordinance.

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.

District Justices shall have initial jurisdiction over proceedings brought under Subsection 2.

Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of any zoning ordinance enacted under this act or prior enabling laws shall, upon being found liable therefor in a civil enforcement proceeding commenced by a municipality, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by a municipality 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 municipality 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 the ordinance 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. All judgments, costs and reasonable attorney fees collected for the violation of zoning ordinances shall be paid over to the municipality whose ordinance has been violated.

Filing fees shall be payable to the Municipality and shall be received by the Zoning Officer. Filing fee amounts shall be established by a resolution of the Borough Council.

Any fees paid by a party for appeal of an enforcement notice to the Zoning Hearing Board, shall be returned to the appealing party by the Borough if the Zoning Hearing Board, or any court in a subsequent appeal, rules in favor of the appealing party.