A.
Zoning administrative officer. Provisions of this chapter shall be
administered and enforced by the Township Zoning Officer, who shall
be appointed by the Township Commissioners. The Township Zoning Officer
may not hold any elective office in the Township.
B.
Duties and powers of Zoning Officer. It shall be the duty of the
Zoning Officer to enforce literally the provisions of this chapter
and all rules, conditions and requirements adopted or specified pursuant
thereto, and he shall have such duties and powers as are conferred
on him by this chapter and as are reasonably implied for that purpose.
The Zoning Officer's duties shall include but are not limited to the
following:
(1)
Receipt of applications for and issuance of zoning permits and
sign permits.
(2)
Keeping an official record of all business and activities, including
complaints of a violation of any of the provisions of this chapter
and of the action taken consequent to each such complaint. File copies
of all applications received, permits issued, reports and inspections
made in connection with any use, structure, building, sign and/or
land shall be retained as long as they remain in existence, or as
otherwise permitted by law.
(3)
Making of inspections as required to fulfill his duties. The
Zoning Officer shall have the right to enter any building or structure
or enter upon any land at any reasonable hour in the course of his
duties.
(4)
Issuance of permits for special exception uses, conditional
uses and for variances only after the same have been approved by the
Zoning Hearing Board or Board of Commissioners, as appropriate, in
accordance with the regulations of this chapter.
(5)
Keeping this chapter and the Zoning Map up to date so as to
include all amendments thereto.
(6)
Issuance of certificates of use and occupancy in accordance
with the terms of this chapter.
(7)
Issuance of timber harvesting permits in accordance with the
terms of this chapter and other applicable Township ordinances.
(8)
Identification and registration of nonconforming uses, structures
and dimensions created as a result of the adopting of this chapter
and Official Zoning Map or created as a result of amendments thereto
and issuance of certificates, upon application, with respect to the
same.
(9)
Issuance of enforcement notices and institution of civil enforcement
proceedings as a means of enforcement.
(10)
In specific instances involving timber harvesting, the Zoning Officer may order the operator and landowner to immediately cease and desist any operation upon finding that corrective action has not been taken by the date specified in the notice of violation; the operation is proceeding without a permit; or the operation is causing an immediate environmental risk. Cease and desist orders shall be in writing, shall be issued to the operator and the landowner, and shall remain in effect until, as determined by the Zoning Officer, the operation is brought into compliance with this chapter and Chapter 390, Subdivision and Land Development.
(11)
Issuance of temporary use and structure permits in accordance
with the terms of this chapter.
C.
Enforcement notice. The Zoning Officer shall serve an enforcement
notice on any person, firm, corporation, partnership or other entity
responsible for violating any of the provisions of this chapter or
in violation of a detailed statement or a plan approved thereunder.
The enforcement notice shall be in writing and shall state:
(1)
The name of the owner of record and any other person against
whom the Township 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 prescribed period of time in accordance
with the procedures set forth in this chapter; and
(6)
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.
No building, structure, or sign shall be erected, constructed,
moved, demolished, added to or structurally altered, nor shall any
use of any land, building, structure or sign be changed or expanded,
without a zoning permit therefor issued by the Zoning Officer. No
such permit shall be issued except in conformity with the provisions
of this chapter; and:
A.
The applicant supplying satisfactory evidence, where applicable,
that the property and the proposed use thereof is in compliance with
all well and sewage ordinances[1] then in effect in Pocono Township, as well as the Sewage
Facilities Act[2] of the Commonwealth of Pennsylvania and regulations promulgated
pursuant thereto by the Pennsylvania Department of Environmental Protection;
and
B.
The applicant supplying, where applicable, stormwater management
plans approved by the Pocono Township Board of Commissioners in accordance
with the applicable Pocono Township stormwater management ordinances,[3] and an erosion and sedimentation control plan approved
by the applicable governmental body or agency charged with that responsibility,
with respect to any proposed construction, excavation, or other earthmoving
activity; and
C.
A copy of the current recorded deed for the property to prove ownership
of the same, which shall contain all pages and show all recording
information; and[4]
D.
A copy of any written construction contract or agreement that may
have been entered into with respect to any construction or other work
to be performed on the property for which a permit is being requested;
and
E.
A copy of the approved building plans from PA L&I that the structure
meets the minimum requirements for fire and panic emergencies in addition
to any special separate letters for pressure vessels, elevators or
other items under their control. This section shall apply to any and
all construction and/or conversions which are within Pennsylvania
Department of Labor and Industry jurisdiction; and
F.
If a construction or conversion involves what would ordinarily be within Pennsylvania Department of Labor and Industry jurisdiction but the applicant contends an exemption from that jurisdiction, a copy of a certification from Pennsylvania Department of Labor and Industry that the construction and/or conversion is exempt will be required in lieu of the approval set forth in Subsection F hereinabove.
A certificate of use and occupancy shall be required upon completion
of the work contemplated. 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.
A.
Form of application. The application for certificate of use and occupancy
shall be submitted in such form as the Zoning Officer may prescribe.
B.
Issuance of certificate of use and occupancy.
(1)
The Zoning Officer shall inspect any structure, building, sign
and/or land or portions thereof and shall determine the conformity
with this chapter. If he is satisfied that the completed work is in
conformity with this chapter, any applicable building ordinances or
codes,[1] and with the work listed in the zoning permit, he shall
issue a certificate of use and occupancy.
(2)
A certificate of use and occupancy shall be granted or refused
in writing, within 10 days from the date of application or the application
shall be deemed approved.
(3)
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.
The Zoning Officer shall reinspect the facility within 30 days of
receipt of such notification and he shall notify the applicant, in
writing, within 10 days thereof that:
(a)
The facility is in full compliance with all performance standards
and the certificate of use and occupancy is permanent; or
(b)
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. Requests
for additional reinspection and action by the Zoning Officer for correction
of violations shall follow the same procedure and requirement as described
in this section for reinspection. If the Zoning Officer fails to reinspect
a facility within 30 days of receipt of notification requesting reinspection,
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.
(4)
Before an occupancy permit may be issued by the Zoning Officer
for any project, construction and/or conversion within the jurisdiction
of the Pennsylvania Department of Labor and Industry, a copy of the
occupancy permit by the Pennsylvania Department of Labor and Industry
must be submitted to the Zoning Officer.
(5)
Smoke detectors. Every building to be used for human habitation,
erected after the effective date of this chapter, shall be equipped
with approved smoke detectors. A minimum of one detector for each
floor of the dwelling unit, including basement, is required.
C.
Temporary certificate of use and occupancy. Upon the request of an
applicant, the Zoning Officer may issue a temporary certificate of
use and occupancy. Such temporary certificate may permit an activity
to occur in all or part of a structure before the entire work covered
by the permit has been completed.
(1)
However, such temporary certificate shall only be issued if
the applicant proves to the Zoning Officer that the activity or occupancy
can occur safely without endangering public health or safety.
(2)
The temporary certificate shall establish in writing a maximum
time period under which it is valid. A six-month maximum time period
shall apply if not otherwise specified.
(3)
Failure to receive a permanent certificate of use and occupancy
within such time period shall be a violation of this chapter.
(4)
The temporary certificate may be conditioned upon compliance
with certain specific requirements within certain time periods.
[1]
Editor's Note: Former § 470-123, Timber harvesting
permit, was repealed 7-18-2022 by Ord. No. 2022-04.
A.
The Board of Commissioners shall establish a schedule of fees, charges
and expenses and collection procedures for zoning permits, certificates
of occupancy, special exceptions, variances and appeals, and other
matters pertaining to this chapter.
[Amended 7-18-2022 by Ord. No. 2022-04]
B.
The schedule of fees shall be posted in the office of the Zoning
Officer and may be altered or amended by the Board of Commissioners.
C.
Until all application fees, charges and expenses have been paid in
full, no action shall be taken on any application or appeal.
A.
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 governing body of the municipality.
B.
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)
Every such proposed amendment or change not initiated by the
Planning Commission shall be referred to the Planning Commission at
least 30 days prior to the governing body holding a public hearing
thereon to provide the Planning Commission an opportunity to submit
recommendations.
(2)
The recommendations, if any, of the Planning Commission shall
be submitted in writing to the governing body.
(3)
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.
(4)
Curative amendments. A landowner who desires to 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 has an interest may submit a curative amendment to the
governing body with a written request that his challenge and proposed
amendment be heard and decided as provided in Section 916.1 of the
Pennsylvania Municipalities Planning Code,[1] as amended.
[1]
Editor's Note: See 53 P.S. § 10916.1.
(5)
Before voting on the enactment of an amendment, the governing
body shall hold a public hearing thereon, pursuant to public notice.
In addition, if the proposed amendment involves a Zoning Map change,
notice of said public hearing shall be conspicuously posted by the
municipality at points deemed sufficient by the municipality along
the tract to notify potentially interested citizens. The affected
tract or area shall be posted at least one week prior to the date
of the hearing.
(a)
In addition to the requirement that notice be posted under Subsection B(5) above:
[1]
Where the proposed amendment involves a Zoning Map change, notice
of the public hearing shall be mailed by the municipality at least
30 days prior to the date of the hearing by first-class mail to the
addresses to which real estate tax bills are sent for all real property
located within the area being rezoned, as evidenced by tax records
within the possession of the municipality. The notice shall include
the location, date and time of the public hearing. A good faith effort
and substantial compliance shall satisfy the requirements of this
subsection.
[2]
This clause shall not apply when the rezoning constitutes a
comprehensive rezoning.
(6)
Within 30 days after enactment, a copy of the amendment to the
Zoning Ordinance shall be forwarded to the county planning agency
or, in counties where no planning agency exists, to the governing
body of the county in which the municipality is located.
C.
Public notice. 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. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
D.
Publication, advertisement and availability of ordinances.
(1)
Proposed zoning ordinances and amendments shall not be enacted
unless notice of proposed enactment is given in the manner set forth
in this section, and shall include the time and place of the meeting
at which passage will be considered, a reference to a place within
the municipality where copies of the proposed ordinance or amendment
may be examined without charge or obtained for a charge not greater
than the cost thereof. The governing body shall publish the proposed
ordinance or amendment once in one newspaper of general circulation
in the municipality not more than 60 days nor less than seven days
prior to passage. Publication of the proposed ordinance or amendment
shall include either the full text thereof or the title and a brief
summary, prepared by the Municipal Solicitor and setting forth all
the provisions in reasonable detail. If the full text is not included:
(a)
A copy thereof shall be supplied to a newspaper of general circulation
in the municipality at the time the public notice is published.
(b)
An attested copy of the proposed ordinance shall be filed in
the county law library or other county office designated by the county
commissioners, who may impose a fee no greater than that necessary
to cover the actual costs of storing said ordinances.
(2)
In the event substantial amendments are made in the proposed
ordinance or amendment, before voting upon enactment, the governing
body shall, at least 10 days prior to enactment, readvertise, in one
newspaper of general circulation in the municipality, a brief summary
setting forth all the provisions in reasonable detail together with
a summary of the amendments.
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 Commissioners
or, with the approval of the Board of Commissioners, the Zoning Officer
or other officer of the Township 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 at least 30 days prior to the time the action is begun
by serving a copy of the complaint on the Board of Commissioners.
No such action may be maintained until such notice has been given.
Any person, partnership, corporation or other entity 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, pay a judgment of not more than
$500, plus all court costs, including reasonable attorney's fees incurred
by the Township 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 Magisterial District Judge who has jurisdiction
over the action. 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 the Magisterial District
Judge determining that there has been a violation further determines
that there was a good faith basis for the person, partnership, corporation
or other entity 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 attorney's
fees collected for the violation of this chapter shall be paid to
the Township for its general use.
Proceedings for securing review of any ordinance, decision,
determination or order of the Township Commissioners, its agencies
or officers adopted or issued pursuant to this chapter shall be in
accordance with the Pennsylvania Municipalities Planning Code,[1] as amended.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
This chapter shall not apply to any existing or proposed buildings
or extension thereof used or to be used by a public utility corporation
if, upon petition of the corporation, the Public Utility Commission
shall, after a public hearing, decide that the present or proposed
situation of the building in question is reasonably necessary for
the convenience or welfare of the public. It shall be the responsibility
of the Pennsylvania Public Utility Commission to ensure that both
the corporation and the municipality in which the building or proposed
building is located have notice of the hearing and are granted an
opportunity to appear, present witnesses, cross-examine witnesses
presented by other parties and otherwise exercise the rights of a
party to the proceedings.
The Board of Commissioners shall hear and decide applications for conditional uses specifically authorized in this chapter pursuant to the provisions of § 470-38 of this chapter. The proposed use shall comply with those criteria specifically listed in Article V of this chapter. In addition, the proposed use must comply with all other applicable regulations of this chapter.
A zoning permit for a temporary use or structure may be issued
by the Zoning Officer for any of the following:
A.
A temporary permit may be issued for customary, routine and accessory
short-term special events, provided that:
(1)
Such total events shall be limited to a maximum of 12 total
days per calendar year for all activities; and
(2)
Proof of the provision for adequate sanitary facilities acceptable
to the SEO, parking and traffic control, security, trash removal,
etc., related to the temporary use shall be provided at the time of
application for permit;
(3)
The event shall not exert a detrimental effect upon the uses
of land and activities normally permitted in the district.
B.
A temporary permit may be issued for temporary storage and office
trailers that are necessary to serve on-site construction while construction
is actively underway under a valid Township permit.
C.
A temporary permit may be issued for temporary sales if all the following
are met:
(1)
The property is located in a zoning district that allows sales.
(2)
The operator shall have received any business permits required
by the Township.
(3)
Any signs visible from a public street shall comply with this
chapter.
(4)
Any structure shall meet applicable setbacks.
(5)
A permit under this chapter shall be required from the Township,
which shall be displayed while the activity is open for business.
(6)
In no way shall the use or activity exert a detrimental effect
upon the uses of land and activities normally permitted in the district.
(7)
Proof of the provision for adequate sanitary facilities acceptable
to the SEO, parking and traffic control, safe sight distances, security,
trash removal, etc., related to the temporary use shall be provided
at the time of application for permit.
D.
The applicant shall completely remove any structure or use authorized
by the temporary permit upon expiration of the permit without cost
to the Township.
E.
Time period. The Zoning Officer shall state a reasonable maximum
time period on the temporary permit. If no time limit is stated, then
a maximum seven-day time period shall apply. A temporary permit may
be renewed for just cause.
F.
An application for a temporary use or structure permit may be denied
if the Zoning Officer believes the activity would obstruct safe sight
distances.
If a use, structure or event regulated under this chapter would also be regulated by Chapter 390, Subdivision and Land Development ("SALDO"), then any permit or approval under this chapter shall automatically be conditioned upon compliance with the SALDO. (See the definitions of "land development" and "subdivision" in Article II of this chapter.)
