West Donegal Township
City Zoning Code
City Zoning Code
ARTICLE XIX
Administration and Enforcement
§ 240-116 Zoning Officer.
The provisions of this chapter shall be administered and enforced by an agent, to be appointed by and serve at the pleasure of the Board of Supervisors who shall be known as the "Zoning Officer." The Zoning Officer shall not hold any elective office in the Township. The Zoning Officer shall administer this chapter in accordance with its literal terms and shall not have the power to permit any construction or use which does not conform to this chapter and all other applicable Township and county ordinances and applicable statutes and regulations. The Zoning Officer may be provided with assistance of such persons as the Board of Supervisors may direct, and the compensation of the Zoning Officer shall be determined by the Board of Supervisors.
§ 240-117 Duties and responsibilities of Zoning Officer.
The Zoning Officer shall have all of the duties and powers conferred upon him by this chapter and the MPC. The Zoning Officer shall have the power and authority to perform all of the following function:
A.
Applications and permits. The Zoning Officer shall receive, examine, and process all applications for zoning permits and/or certificates of use and occupancy for the erection, construction, alteration, repair, extension, replacement, relocation, conversion, use, change of use and/or occupancy of land, buildings and structures in the Township. The Zoning Officer shall record and file all applications for permits and accompanying plans and documents and keep them for public record.
B.
Inspection. The Zoning Officer may, and if requested by the Board of Supervisors or the permit holder, shall make at least one inspection during the progress of the work for which a zoning permit has been issued. Upon completion of the work and before issuance of a certificate of use and occupancy, he shall make a final inspection of the property to assure compliance with all provisions of this chapter and all other applicable Township and county ordinances and applicable statutes and regulations. Violations of approved plans or permits shall be noted, and the Zoning Officer shall notify the holder of the permit of all discrepancies.
C.
Complaints regarding violations. The Zoning Officer may, and when in receipt of a signed written complaint stating fully the cause and basis thereof, shall investigate alleged violations of this chapter. If a signed written complaint is received, said investigation shall be completed within 15 days of receipt of said complaint. A written report of all investigations of alleged violations of this chapter shall be prepared and properly filed and a copy shall be sent to the Board of Supervisors. If, after investigation, the Zoning Officer determines that a violation has occurred, he shall take action as provided in this chapter.
D.
Official records. It shall be the duty of the Zoning Officer to maintain and be responsible for all pertinent records on zoning matters in the Township. These records shall include, but not be limited to, all applications received, copies of all permits and certificates issued, copies of orders and findings of the Zoning Hearing Board, written complaints of alleged violations, records of all inspections made, a current copy of the chapter and all amending ordinances, a copy of the current Official Zoning Map, and all other pertinent information. The records of the Zoning Officer shall be available for the use of the Township government and inspection by any interested party during normal office hours. The Zoning Officer shall submit to the Board of Supervisors a written report of all zoning permits and certificates of use and occupancy issued and all notices of violations and stop-work orders issued or recommended as requested by the Board of Supervisors.
E.
Nonconforming uses, structures and lots. The Zoning Officer may inspect nonconforming uses, structures and lots and keep a record of such nonconforming uses, structures and lots as a public record.
F.
Presentation of evidence and testimony. Upon the request of the Board of Supervisors or the Zoning Hearing Board, the Zoning Officer shall present to such bodies facts, records, and any similar information on specific requests to assist such bodies in reaching their decisions.
H.
Reasonable accommodations. The Zoning Officer shall receive and render determinations upon applications for reasonable accommodations requested in accordance with the United States Fair Housing Amendments Act of 1988, 42 U.S.C. § 3601 et seq., or the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., and the federal regulations adopted pursuant to such statutes.
I.
To issue stop-work orders when the Zoning Officer determines that a violation of this chapter exists or that construction is being commenced in a manner violating any approvals under this chapter. The Zoning Officer may issue stop-work orders orally or in writing. If the Zoning Officer shall issue an oral stop-work order, the Zoning Officer shall subsequently confirm such stop-work order with a written notice within five business days.
§ 240-118 Zoning permits.
A.
Requirements.
(1)
A zoning permit shall be obtained from the Zoning Officer:
(a)
For any erection, construction, alteration, extension, replacement, relocation, or conversion of any building or structure or the commencement of excavation or grading for construction of any building or structure; and
(b)
For the change in use of any building, structure and/or land other than a change in accessory use.
(2)
No zoning permit shall be required for repairs to or maintenance of any building, structure or land, provided such repairs do not change the use, alter the exterior dimensions of the building or structure, or otherwise violate the provisions of this chapter or any other applicable Township or county ordinance or applicable statute or regulation.
B.
Form of application for zoning permit. The application for a zoning permit shall be submitted in such form as the Zoning Officer may prescribe and shall be accompanied by the required fee as prescribed. Application for a zoning permit shall be made by the owner or lessee of any building, structure or land or the agent of either; provided, however, that if the application is made by a person other than the owner or lessee, it shall be accompanied by a written authorization from the owner or lessee designating the agent and authorizing the work. The full name and address of the applicant and the landowner, if different, shall be stated on the application. If the applicant is a corporation, the names and addresses of the officers of the corporation shall be included on the application.
C.
Description of the work. The application shall contain a description of the proposed work and/or use and occupancy of the building, structure and/or land and any other information required by the Zoning Officer to determine compliance with this chapter and other applicable Township and county ordinances, statutes and regulations. The application shall be accompanied by plans, in duplicate, drawn to scale, showing the actual dimensions and shape of the lot, the size and location and dimensions of the proposed use, building or alteration, distance from existing lot lines and street right-of-way lines, parking areas, and other pertinent information.
D.
Approval or disapproval of application. Upon receipt of the application, the Zoning Officer shall examine the application and supporting information to determine compliance with this chapter and other applicable Township and county ordinances, statutes and regulations. The Zoning Officer shall complete this examination within the time limits imposed by the MPC. No application is complete without the required fee. The Zoning Officer shall determine if subdivision and/or land development approval has been obtained, if state sanitation inspection requirements have been met, and, in the case of public buildings, the required permits have been issued by the Department of Labor and Industry. No zoning permit shall be issued unless the applicant presents the Zoning Officer with evidence that any applicable subdivision and/or land development approval has been granted, a sewage permit for an on-lot sewage disposal system has been issued by the Township Sewage Enforcement Officer for the lot when connection to a public sewer system is not proposed, a public water and/or public sewer connection permit has been issued from the appropriate authority, a driveway permit under Chapter 195, Article II, Driveways, of the Code of the Township of West Donegal, or a highway occupancy permit issued by the Department of Transportation of the Commonwealth of Pennsylvania has been issued in order that access may be gained to the lot, and all other required Township approvals and permits have been granted or issued. The Zoning Officer shall mark the application as either approved or disapproved and shall return one copy of the application to the applicant. The other copy shall be retained by the Zoning Officer for the Township files. If disapproved, the Zoning Officer shall attach a statement to the application explaining the reasons for such disapproval and informing the applicant of his right to appeal to the Zoning Hearing Board.
E.
Issuance and posting of permits. Upon approval of the application by the Zoning Officer, the Zoning Officer shall issue a zoning permit placard which shall be visibly posted on the site of operations during the entire time of construction. The zoning permit shall expire one year from the date of issuance, provided that it may be extended at the discretion of the Zoning Officer for six-month periods not to exceed a total of one year.
F.
Rights of permit holders. The zoning permit shall be a license to proceed with work described on the approved application. The Zoning Officer shall revoke a permit or approval issued under the provisions of this chapter in the case of any false statement or misrepresentation of fact in the application or on the plans on which the permit or approval was based, or if the permit was issued in error, or if work is not undertaken in accordance with the permit or for any other proper cause. Permit holders shall proceed with work at their own risk and subject to the rights of aggrieved parties to appeal the issuance of the zoning permit as authorized by the MPC.
G.
Where a permit is required by this chapter, but the work is commenced or the use is commenced or changed prior to obtaining such permit, the fees set by ordinance or resolution of the Board of Supervisors for such permit shall be doubled. The doubling of the permit fee shall be required to reflect the additional expense incurred by the Township resulting from the need to inspect the property, respond to any complaints, issue any enforcement notices and/or process the application as soon as it is received. The payment of such increased permit fee shall not relieve any person from complying with all requirements of this chapter or any other applicable Township ordinances or from any penalties or enforcement actions authorized by this chapter or the MPC.
§ 240-119 Certificate of use and occupancy.
A.
Certificate of use and occupancy required. It shall be unlawful to use and/or occupy any structure, building or land or portion thereof for which a zoning permit is required until a certificate of use and occupancy has been issued by the Zoning Officer. The Zoning Officer shall not issue a certificate of use and occupancy unless he has inspected said structure, building or land and has ascertained compliance with all provisions of this chapter and all other applicable Township and county ordinances, statutes and regulations.
B.
Issuance. Upon the receipt of written notification that the work for which a zoning permit has been issued has been completed, the Zoning Officer shall inspect the premises within 15 days to determine that the work has been performed in accordance with this chapter and the approved application and other applicable Township and county ordinances, statutes and regulations. If he is satisfied that the work has been completed in accordance with the approved application and applicable ordinances, statutes and regulations, he shall issue a certificate of use and occupancy to the permit holder for the use indicated on the approved application. A copy of the certificate of use and occupancy shall be retained by the Zoning Officer as part of the records. If he finds that the work has not been performed in accordance with this chapter and the approved application, the Zoning Officer shall refuse to issue the certificate of use and occupancy and, in writing, give the reasons therefor and inform the permit holder of his rights of appeal to the Zoning Hearing Board.
C.
Temporary certificate of use and occupancy. Upon written request of a holder of a zoning permit, the Zoning Officer may issue a temporary certificate of use and occupancy for a structure, building and/or land, or portion thereof, before the entire work covered by the zoning permit shall have been completed. Such portion or portions may be used and/or occupied prior to full completion of the work, provided that public health, safety or welfare is not endangered.
D.
Temporary use permits. It is recognized that it may be in accordance with the purpose of this chapter to permit temporary activities for a limited period of time, which activities may be prohibited by other provisions of this chapter. A temporary permit may be authorized by the Zoning Hearing Board, subject to the following requirements:
(1)
Such a permit shall be issued for a period not to exceed six months. Such permits may be extended not more than once for an additional period of six months.
(2)
Temporary uses shall be consistent with the range of uses permitted in the respective zoning district.
(3)
In no way shall the temporary use exert a detrimental effect upon the uses of land and activities normally permitted in the zoning district.
(4)
The temporary use shall be one that the Zoning Hearing Board deems beneficial to the public health or general welfare, or which it deems necessary to promote the proper development of the community.
(5)
Proof of the provision for adequate sanitary facilities acceptable to the Township SEO, parking and traffic control, security, trash removal, etc., related to the temporary use shall be provided at the time of application for permit.
(6)
The applicant shall completely remove any structure or use authorized by the temporary certificate of use and occupancy upon expiration of the permit without cost to the Township.
§ 240-120 Violations.
The construction, excavation, alteration, maintenance or use of any structure, building, land, or landscaping or the change of use, area of use, percentage of use or displacement of the use of any structure, building, land or landscaping without first obtaining a zoning permit; or the use of any building, structure or land without receipt of a certificate of use and occupancy; or the use or maintenance of any building, structure or land for a use or in a manner which is not in accordance with the provisions of this chapter; or the use of property for a use different from that set forth in any zoning permit or certificate of use and occupancy which has been granted for the property without applying for and being granted a zoning permit and certificate of use and occupancy for such new or different use; or the failure to comply with any other provision of this chapter; or the inclusion of any false statements on any application; or the violation of any conditions imposed upon the grant of a special exception or variance by the Zoning Hearing Board or a conditional use by the Board of Supervisors or by a court of competent jurisdiction if a special exception, variance or conditional use is granted by such court are hereby declared to be violations of this chapter.
§ 240-121 Enforcement notice.
If it appears to the Zoning Officer that a violation of this chapter shall exist, the Zoning Officer shall send an enforcement notice (also known as a "notice of violation and cease and desist order") to the owner of record of the lot on which the violation has occurred, to any person who has filed a written request to receive enforcement notices regarding that lot, to any other person requested in writing by the owner of record, and to any person against whom the Township may bring an enforcement action. The enforcement notice shall contain the name of the owner of record and any other persons against whom the Township may 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 this chapter, the date before which steps for compliance must be commenced and that date before which the steps must be completed, that the recipient of the enforcement notice has the right to appeal to the Zoning Hearing Board within 30 days, and that a failure to comply with the notice within the time specified, unless extended by an appeal to the Zoning Hearing Board, constitutes a violation with sanctions as provided in this chapter.
§ 240-122 Enforcement action.
If the enforcement notice is not complied with promptly, the Zoning Officer shall notify the Board of Supervisors. The Board of Supervisors may request the Township Solicitor to institute in the name of the Township any appropriate action or proceeding at law or in equity to prevent, restrain, correct or abate such violation or to require the removal or termination of the unlawful use of the structure, building, landscaping or land in violation of the provisions of this chapter or the order or direction made pursuant thereto. The Board of Supervisors may also direct the Zoning Officer or Township Solicitor to institute a civil enforcement proceeding before a Magisterial District Judge.
§ 240-123 Violations and penalties.
Any person who 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, pay a judgment of not more than $500 plus all court costs, including the reasonable attorneys' 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, the 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 a Magisterial District Judge determining that there has been a violation further determines that there was a good faith basis for the person 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 attorneys' fees collected for the violation of this chapter shall be paid over to the Township for the general use of the Township.
§ 240-124 Remedies.
In case any building, structure or landscaping is erected, constructed, reconstructed, altered, repaired, converted, or maintained; or any building, structure or land is used; or any hedge, shrub, tree, or other growth is maintained in violation of this chapter or of any of the regulations made pursuant thereto or any of the permits or certificates of use and occupancy issued under this chapter, or any conditions imposed upon the grant of a special exception or variance by the Zoning Hearing Board or upon the grant of a conditional use by the Board of Supervisors, then in addition to any other remedies provided by law, any appropriate action or proceeding may be instituted or taken to prevent or restrain such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use or to prevent any illegal act, conduct, business or use in and about such premises.