[Amended 11-28-2011 by Ord. No. 2011-14]
There is hereby established the office of Zoning
Officer, who 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 herewith. The Zoning
Officer is also herein referred to as the Floodplain Administrator.
A.
Land use permit.
[Amended 8-23-2004 by Ord. No. 2004-13]
(1)
No building or structure shall be erected, constructed,
reconstructed, altered, moved, extended, expanded, enlarged, demolished
or razed in the municipality until a land use permit therefor has
been issued by the Zoning Officer certifying that the plans and intended
use thereof are in conformity with this chapter.
(2)
All applications for such permits shall be in accordance
with the requirements of Borough Ordinance No. 2004-8[1] and other regulations and ordinances of the municipality
where applicable, such as the Property Maintenance Code, Uniform Construction
Code, Subdivision and Land Development Ordinance, Floodplain Management
Ordinance, etc.
[Amended 11-28-2011 by Ord. No. 2011-14]
(3)
When
a land use permit is issued for building demolition, the remaining
lot must be filled and graded to an elevation consistent with the
surrounding lots within six months from the date the building was
demolished.
[Added 5-10-2010 by Ord. No. 2010-09]
B.
Land use occupancy permit.
[Amended 8-23-2004 by Ord. No. 2004-13]
(1)
An occupancy permit shall be required for any of the
following:
(a)
Occupancy and use of a building hereafter erected,
constructed, reconstructed, moved, enlarged, extended or expanded.
(b)
Change in use of an existing building to a use
of a different classification.
(c)
Occupancy and use of vacant land except for
the raising of crops.
(d)
Change in the use of vacant land to a use of
a different classification except for the raising of crops.
(e)
Any change in use of a nonconforming use.
(2)
No such occupancy, use or change of use shall take
place until a land use occupancy permit therefor shall have been issued
by the Zoning Officer certifying that the intended use is in conformity
with this chapter.
(3)
Application for an occupancy permit shall state all
information necessary for the enforcement of this chapter.
C.
Issuance of permits.
[Amended 8-23-2004 by Ord. No. 2004-13]
(1)
In every case where a land use permit is required,
the Zoning Officer may issue the land use permit and withhold the
occupancy permit until after request made by the applicant setting
forth that the erection, alteration, moving, extension, expansion
or enlargement of the building has been completed in conformity with
the land use permit and with this chapter, and, if such is the case,
and the intended use also conforms to this chapter, the Zoning Officer
shall issue a land use occupancy permit.
(2)
Permits issued by the Zoning Officer shall be issued
or refused in writing by the Zoning Officer within 15 business days
after completed application is filed, except where a land use occupancy
permit is withheld until after completion of work, and then within
seven days after request as aforesaid stating that work has been completed.
[Amended 8-13-2007 by Ord. No. 2007-09]
D.
Record of permits. A record of all permits shall be
kept in the office of the Zoning Officer, and copies shall be furnished
upon request to any person having a proprietary or tenancy interest
in the property involved.
[Amended 5-10-2010 by Ord. No. 2010-09]
Applications for land use permits shall be made
in writing and signed by the property owner on a form supplied by
the Borough and shall be filed with the Zoning Officer.
A.
The application shall include:
(1)
A statement as to the proposed use of the building
or land.
(2)
A site layout drawn to scale showing the location,
dimensions, height of proposed buildings, structures, or uses and
any existing buildings in relation to property and street lines.
(3)
The location, dimensions, and arrangements of all
open spaces and yards. Buffer yards and methods to be employed for
screening shall be included where applicable.
(4)
The number, location and design of parking spaces
and loading spaces, if applicable.
(5)
The dimensions, locations, and methods of illumination
for signs, if applicable.
(6)
The original topographic contours and finished grades
showing method of stormwater collection and disposal, erosion and
sediment control and landscape treatment.
(7)
Any other information deemed necessary by the Zoning
Officer to ascertain whether an application complies with the provisions
of this chapter and other applicable ordinances.
[Amended 11-28-2011 by Ord. No. 2011-14]
B.
In any specific application the Zoning Officer shall
have authority to waive any of the foregoing which in his opinion
is appropriate.
C.
Changes. After the issuance of a land use permit by the Zoning Officer,
no change 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.
[Added 11-28-2011 by Ord. No. 2011-14]
D.
Placards. In addition to the land use permit, the Zoning Officer
shall issue a placard which shall be displayed on the premises during
the time construction is in progress. This placard shall show the
number of the land use permit and the date of its issuance and be
signed by the Zoning Officer.
[Added 11-28-2011 by Ord. No. 2011-14]
E.
Inspection and revocation.
[Added 11-28-2011 by Ord. No. 2011-14]
(1)
During the construction period, the Zoning Officer or other authorized
official shall inspect the premises to determine that the work is
progressing in compliance with the information provided on the permit
application and with all applicable Borough laws and ordinances. He
shall make as many inspections during and upon the completion of the
work as are necessary.
(2)
In the discharge of his duties, the Zoning Officer shall have the
authority to enter any building, structure, premises or development
in the identified floodplain area, upon presentation of proper credentials,
at any reasonable hour to enforce the provisions of this chapter.
(3)
In the event the Zoning Officer discovers that the work does not
comply with the permit application or any applicable laws and ordinances,
or that there has been a false statement or misrepresentation by any
applicant, the Zoning Officer shall revoke the land use permit and
report such fact to the Council for whatever action it considers necessary.
(4)
A record of all such inspections and violations of this chapter shall
be maintained.
F.
Land use permits within a floodplain.
[Added 11-28-2011 by Ord. No. 2011-14]
(1)
If any proposed construction or development is located entirely or
partially within any identified floodplain area, applicants shall
demonstrate compliance with all provisions of the Floodplain Management
Ordinance, as amended from time to time, and those requirements articulated
below.
(2)
Designation of the Floodplain Administrator. As set forth in the
Floodplain Management Ordinance, the Zoning Officer of the Borough
of Chambersburg, or his designee, shall act as the Floodplain Administrator
and shall ensure that applicants for land use permits within a floodplain
area demonstrate compliance with all of the provisions of the Floodplain
Management Ordinance, as well as all other applicable ordinances,
as amended from time to time.
(3)
Duties and responsibilities of the Floodplain Administrator.
(a)
The Floodplain Administrator shall issue a permit only after
it has been determined that the proposed work to be undertaken will
be in conformance with the requirements of this and all other applicable
codes and ordinances.
(b)
Prior to the issuance of any permit, the Floodplain Administrator
shall 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);[1] the Pennsylvania Dam Safety and Encroachments Act (Act
1978-325, as amended);[2] the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[3] 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.
(c)
In the case of existing structures, prior to the issuance of
any development/permit, the Floodplain Administrator shall review
the history of repairs to the subject building, so that any repetitive
loss issues can be addressed before the permit is issued.
(d)
During the construction period, the Floodplain Administrator
or other authorized official may inspect the premises to determine
that the work is progressing in compliance with the information provided
on the permit application and with all applicable municipal laws and
ordinances. He/she may make as many inspections during and upon completion
of the work as are necessary.
(e)
In the discharge of his/her duties, the Floodplain Administrator
shall have the authority to enter any building, structure, premises
or development in the identified floodplain area, upon presentation
of proper credentials, at any reasonable hour to enforce the provisions
of this chapter.
(f)
In the event the Floodplain Administrator discovers that the
work does not comply with the permit application or any applicable
laws and ordinances or that there has been a false statement or misrepresentation
by any applicant, the Floodplain Administrator may revoke the permit
and report such fact to the Chambersburg Borough Council for whatever
action it considers necessary.
(g)
The Floodplain Administrator shall maintain all records associated
with the requirements of this chapter, including, but not limited
to, permitting, inspection and enforcement.
(h)
The Floodplain Administrator shall consider the requirements
of the 34 Pa. Code and the 2006 IBC and the 2006 IRC or latest revisions
thereof.
(4)
An application for a land use permit for construction or development
within a floodplain shall, in addition to the other criteria set forth
herein, be subject to the following review criteria:
(a)
Issuance of land use permit.
[1]
The land use permit for development within a designated floodplain
shall be issued only after it has been determined that the proposed
work to be undertaken will be in conformance with the requirements
of this and all other applicable codes and ordinances.
[2]
Prior to the issuance of any land use permit for development
within a designated floodplain, the Floodplain Administrator shall
review the application for permit to determine if all other necessary
governmental permits required by state and federal laws have been
obtained, such as those required by the Pennsylvania Sewage Facilities
Act (Act 537, as amended); the Dam Safety and Encroachments Act (Act
1978-325, as amended); the U.S. Clean Water Act, Section 404, 33 U.S.C.
§ 1334; and the Pennsylvania Clean Streams Act (Act 1937-394,
as amended). No land use permit shall be issued until this determination
is made.
[3]
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 Pennsylvania Department of Environmental Protection, Bureau of
Dams and Waterway Management. In addition, the Federal Emergency Management
Agency and the Pennsylvania Department of Community and Economic Development
shall be notified by the Borough prior to any alteration or relocation
of any watercourse.
(b)
Application procedure and requirements. In addition to the information
and document ordinarily required for land use permits, applicants
shall also include the following specific information along with any
application for construction or development within any floodplain
district:
[1]
If any proposed construction or development is located entirely
or partially within any identified floodplain area, applicants for
land use permits shall provide all the necessary information in sufficient
detail and clarity to enable the Floodplain Administrator to determine
that:
[a]
All such proposals are consistent with the need
to minimize flood damage and conform with the requirements of this
and all other applicable codes and ordinances.
[b]
All utilities and facilities, such as sewer, gas,
electrical and water systems, are located and constructed to minimize
or eliminate flood damage.
[c]
Adequate drainage is provided as to reduce exposure
to flood hazards.
[d]
Structures will be anchored to prevent floatation,
collapse, or lateral movement.
[e]
Building materials are flood resistant.
[f]
Appropriate practices that minimize flood damage
have been used.
[g]
Electrical, heating, ventilation, plumbing, air-conditioning
equipment, and other service facilities have been designed and/or
located to prevent water entry or accumulation.
(c)
Applicants shall file the following minimum information plus
any other pertinent information as may be required by the Floodplain
Administrator to make the above determination, in addition to any
information and documentation ordinarily required for land use permits:
[1]
A plan of the entire site, clearly and legibly drawn at a scale
of one inch being equal to 100 feet or less, showing the following:
[a]
North arrow, scale and date.
[b]
The location of all existing streets, drives, and
other accessways.
[c]
The location of any existing bodies of water or
watercourses, identified floodplain areas, and, if available, information
pertaining to the floodway, and the flow off water, including direction
and velocities.
(d)
Plans of all proposed building, structures and other improvements,
drawn at suitable scale, showing the following:
[1]
The proposed lowest floor elevation of any proposed building
based upon National Geodetic Vertical Datum of 1988.
[2]
The elevation of the one-hundred-year flood.
[3]
If available, information concerning flood depths, pressures,
velocities, impact and uplift forces and other factors associated
with a one-hundred-year flood.
[4]
Detailed information concerning any proposed floodproofing measures.
(e)
The following data and documentation:
[1]
When any part of a proposed structure or a substantial improvement
to an existing structure is to be built below the elevation of the
one-hundred-year flood, the applicant must submit a document, certified
by a registered professional engineer or architect, which states that
the proposed construction or development has been adequately designed
to withstand one-hundred-year flood elevations, pressures, velocities,
impact and uplift forces associated with the one-hundred-year flood.
Such statement shall include a description of the type and extent
of floodproofing measures which have been incorporated into the design
of the structure and/or the development and corresponding elevations.
[2]
[3]
The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development."
[4]
Where any excavation or grading is proposed, a plan meeting
the requirements of the Department of Environmental Protection, to
implement and maintain erosion and sedimentation control.
[5]
Documentation, certified by a registered professional engineer
or architect, to show that the cumulative effect of the proposed development,
when combined with all other existing and anticipated development,
will not increase the elevation of the one-hundred-year flood more
than one foot at any point.
Fees for permits shall be paid in accordance
with a fee schedule to be adopted by resolution of the Mayor and Town
Council, and all such fees shall be paid into the treasury of the
Borough. Each applicant for an appeal, special exception, or variance
shall, at the time of making application, pay a fee, in accordance
with the aforementioned fee schedule, for the cost of advertising
and mailing notices as required by this chapter and the rules of the
Zoning Hearing Board.
[Amended 8-23-2004 by Ord. No. 2004-13]
Any erection, construction, reconstruction,
alteration or moving of a building or other structure, including a
sign authorized by a permit, shall be commenced, and any change in
use of a building or land so authorized shall be undertaken, within
six months after the date of issuance of the permit. If not, the permit
shall be considered null and void. However, in the case of erection
or construction of a building, duration of the construction permit
and any right of extension shall be as provided in the Uniform Construction
Code.
[Amended 5-11-1994 by Ord. No. 94-4; 8-26-1998 by Ord. No.
98-7]
A.
Any person, partnership or corporation who or which
is the owner or agent of the owner and/or is occupant of the premises
who/which has violated the provisions of this chapter shall, upon
being found liable therefor in a civil enforcement proceeding commenced
by the Borough of Chambersburg, pay a judgment of not more than $500,
plus all court costs, including reasonable attorney fees incurred
by the 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 owner,
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.
B.
The Court of Common Pleas, upon petition, may grant
an order of stay, upon cause shown, tolling the per diem judgment
pending a final adjudication of the violation and judgment.
C.
Nothing contained in this section shall be construed
or interpreted to grant any person or entity other than the municipality
the right to commence any action for enforcement pursuant to this
section.
In case of any building, structure or land is,
or is proposed to be, erected, constructed, reconstructed, altered,
converted, maintained or used in violation of any ordinance enacted
under this act or prior enabling laws, the Town Council or, with the
approval of the governing body, an officer of the Borough, in addition
to other remedies, may institute in the name of the Borough any appropriate
action or proceeding to prevent, restrain, correct or abate such building,
structure or land, or to prevent, in or about such premises, any act,
conduct, business or use constituting a violation.
