[HISTORY: Adopted by the Board of Supervisors of the Township
of North East 9-28-1983 by Ord.
No. 83-004. Amendments noted where applicable.]
This chapter shall be known and may be referred to and cited
as the "North East Township Bluff Setback Ordinance."
The following words and terms, when used in this chapter, shall
have, unless the context clearly indicates otherwise, the following
meanings:
The Act of May 13, 1980 (P.L. 122, No. 1980-48) (32 P.S.
§§ 5201 through 5215).
Any high bank or bold headland with a broad precipitous cliff
face overlooking a lake.
The edge or crest of the bluff.
The loss of material along the bluff face caused by the direct
or indirect action by one or a combination of groundwater seepage,
water currents, wind-generated water waves or high water levels.
An area or zone where the rate of progressive bluff recession
creates a substantial threat to the safety or stability of nearby
existing or future structures or utility facilities.
Building codes, zoning ordinances, subdivision regulations,
health regulations, special purpose ordinances and other applications
of the police power which provide standards for the location of structures
and facilities in bluff recession hazard areas.
Any bank over five feet high.
A body of fresh water covering at least 9,000 square miles.
The value of a structure determined by a certified appraisal
or by determining the assessed value of a structure and applying the
assessment ratio of the county in which the structure is located.
The shortest horizontal distance from any point on the bluff
line to any point on a structure.
North East Township.
A piece of ground that existed as an independent tax lot
on the records of the county prior to its inclusion in a municipality's
designated bluff recession hazard areas.
An individual, partnership, public or private association
or corporation, firm, trust estate, municipality, governmental unit,
public utility or any other legal entity which is recognized by law
as the subject of rights and duties. When used in any section prescribing
or imposing a penalty, the term shall include members of a partnership,
officers, members, servants and agents of an association and officers,
agents or servants of a corporation, but shall exclude any department,
board, bureau or agency of the commonwealth.
A map, drawing or print accurately drawn to scale showing
the proposed or existing location of all structures.
Any man-made object having an ascertainable stationary location
on or in land whether or not affixed to the land; structures are classified
into three categories: residential, commercial and light and heavy
industrial.
"Residential structures" are defined as a place providing habitation
for an individual or group of individuals. Structures in this category
include, but are not limited to, single-family homes, duplexes and
summer cottages, as well as any secondary structure associated with
the residential structure.
"Commercial structures" are defined as a place where commodities
are exchanged, bought or sold. Structures in this category include,
but are not limited to, grocery stores, hardware stores, clothing
shops and pharmacies, as well as any secondary structure that is associated
with the commercial structure.
"Light and heavy industrial structures" are defined as a place
where materials are refined, produced or fabricated and stored prior
to shipment to commercial establishments. Structures in this category
include, but are not limited to, factories, power plants and warehouses,
as well as any secondary structure that is associated with the industrial
structure. Hospitals, nursing homes, schools and other public service
facilities, because of the dangers inherent in bluff recession, will,
for purposes of setback requirements, be considered light and heavy
industrial structures.
The useful life of the structure considering both economic
and physical factors.
Any repair, reconstruction or improvement of a structure occurring
over a five-year period, the aggregate cost of which equals or exceeds
50% of the market value of the structure either:
Substantial improvement is considered to occur when the first
alteration of any wall, ceiling, floor or other structure part of
the building commences, whether or not that alteration affects the
external dimensions of the structure. The term does not, however,
include any project for improvement of a structure to comply with
existing state or local health, sanitary or safety specifications
which are solely necessary to assure safe living conditions or any
alteration of a structure listed on the National Register of Historic
Places or a state inventory of historic places.
[Amended 12-8-1986 by Ord. No. 86-007]
In any bluff recession hazard area, no person shall be permitted to construct, install or engage in substantial improvements to any structure or any utility facility such as water, sewage, electric, gas, oil or telephone within the minimum bluff setback distances established under § 94-4 of this chapter, except varied under the provisions of § 94-5 of this chapter, without first obtaining a written permit from the Zoning Officer of North East Township.
[Amended 5-7-1990 by Ord.
No. 90-003]
A.Â
The minimum bluff setback distances as established by the Department
of Environmental Protection to be applied to North East Township zoning
are as follows:
B.Â
Structures existing in any identified bluff hazard area prior to
the enactment of this chapter, but which are not in compliance with
these provisions, may continue to remain, provided that any modification,
alteration, reconstruction or substantial improvement of any kind
to an existing structure to an extent or an amount of 50% or more
of its market value shall be undertaken only in full compliance with
the provisions of this chapter.
The provisions of this chapter shall only be varied in the following
cases:
A.Â
When a parcel, established prior to a bluff recession hazard area
designation, does not have adequate depth considering the minimum
bluff setback requirements to provide for any reasonable use of the
land, the variance may be granted only when each of the following
criteria are met:
(1)Â
The structure and all associated structures and utility facilities
shall be located on the property as far landward of the bluff line
as allowed by other municipal ordinances.
(2)Â
The structure shall be designed and constructed to be movable in
accordance with proper engineering standards in building-moving restrictions
applicable to the subject area prior to damage by bluff recession.
Structures in this category may include trailers or modular homes.
The North East Township Board of Supervisors or its designee shall
have the right to approve of the design of each structure for which
a variance is sought. In the event any structure is placed within
a bluff recession area upon variance of these regulations, it shall
be so designed that, in the event it is moved, all materials, including
foundations, shall be removable and disposed of as part of the moving
operation. Further, access to and from the structure site shall be
of sufficient width and acceptable grade to allow for moving the structure.
B.Â
When a structure or utility facility requires access to a lake over
or through the bluffs for operating purposes, and there is no feasible
alternative for obtaining such access:
(1)Â
A variance granted under this section shall apply only to the discharge
and withdrawal lines that provide the facility with lake water for
operating purposes. All other structures must observe the local setback
distance.
(2)Â
During construction, the applicant or persons engaged in the actual
placement of the said lines or infrastructures shall utilize sound
land use practices which will reduce disruption of the bluff edge
and bluff face. These sound land use practices include, but are not
limited to, methods to minimize stormwater runoff, increased soil
erosion, changes to local drainage patterns and changes to protective
vegetation cover.
(3)Â
The said structure providing the utility facility or structure access
to the lake shall be designed and constructed so that it is adequately
protected from the dangers of bluff recession and does not increase
bluff recession. To achieve adequate protection of the bluff, construction
of the said infrastructure shall occur on a manner that minimizes
potential adverse or long-term disruption of the bluff face and shall
be in conformance with all provisions of the Department of Environmental
Protection or any other regulatory agency having control or otherwise
regulating erosion control.
A.Â
The Zoning Officer, prior to issuing a building permit for an improvement
to a structure or utility facility within a bluff setback distance
shall:
(1)Â
Determine the cost of the proposed improvement.
(2)Â
Calculate the market value of the structure or utility facility in
the manner prescribed by this chapter.
(3)Â
Review the municipal building permit records to determine if previous
permits for improvements have been issued during the previous five-year
period for this structure or utility facility.
(4)Â
Determine whether this proposed improvement will be a substantial
improvement of the structure or utility facility.
B.Â
The Zoning Officer will periodically inspect all permitted activities
in the bluff recession hazard area to ensure that all building activities
are being conducted in conformance with the provisions of this chapter.
C.Â
The Zoning Officer will periodically tour the bluff recession hazard
area. The purpose of this tour will be to ensure that all building
activities are being conducted in conformance with the provisions
of this chapter.
D.Â
The Zoning Officer shall maintain in a permanent file all correspondence,
requests for variance, applications for permits and issuance or denial
of such permits. On or before February 28 of each year, a copy of
the records from the preceding calendar year shall be submitted to
the Department of Environmental Protection for its review and permanent
record. The said records shall contain all pertinent data as required
by Title 25, Environmental Protection, Part I, Subpart C, Chapter
85, of the Pennsylvania Code.
E.Â
An agent or employee of the municipality shall have the power to,
upon presentation of proper credentials, the following specific authority,
which is in addition to and consistent with the power enumerated in
Article VII, Section 71 of Ordinance No. 11,[1] as amended:
(1)Â
Enter any land for the purpose of surveying bluff recession hazard
areas.
(2)Â
Enter any land in a bluff recession hazard area for the purpose of
ascertaining the location of structure or structures.
(3)Â
Enter land or any structure located in a bluff recession hazard area
for the purpose of ascertaining the compliance or noncompliance with
this chapter.
F.Â
When an agent or employee has been refused access to property for
the purposes of conducting a survey or inspection as authorized by
this section or reasonably requires access to such property without
prior notice to the owner, such agent or employee may apply for an
inspection warrant to any Commonwealth official authorized by law
to issue a search or inspection warrant to enable him or her to have
access and inspect such property. It shall be sufficient probable
cause to issue an inspection warrant that the inspection is necessary
to properly enforce the provisions of this chapter.
The degree of protection sought by this chapter is considered
reasonable for regulatory purposes only and is based upon data provided
to the Township by the Department of Environmental Protection. Bluff
recession may be increased by man-made or natural causes and at rates
not contemplated by this chapter. This chapter does not imply that
areas outside of identified bluff recession hazard areas or that land
uses permitted adjacent to such areas will be free from damage, recession
or subsidence.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.Â
Criminal
penalties.
(1)Â
Any
person who violates any provisions of this chapter is guilty of a
summary offense and, upon conviction, shall be sentenced to pay a
fine of not less than $100 nor more than $1,000 for each separate
offense, and, in default of the payment of such fine, to imprisonment
for a period of not more than 60 days. All summary proceedings under
this act may be brought before any Magisterial District Judge of the
county where the violation occurred, and jurisdiction is hereby conferred
upon said Magisterial District Judges subject to appeal by either
party in the manner provided by law. In the case of any appeal from
any such conviction in the manner provided by law for appeals from
summary conviction, it shall be the duty of the District Attorney
of the county to represent the interests of the Commonwealth.
(2)Â
Any person who, within two years after a conviction in a summary proceeding as provided in Subsection A(1), violates the requirements of this chapter or regulations is guilty of a misdemeanor of the third degree and, upon conviction, shall be sentenced to pay a fine of not less than $500 nor more than $5,000 for each separate offense or to imprisonment for a period of not more than one year, or both.
B.Â
Civil remedies.
(1)Â
Any
activity conducted in violation this chapter or regulations adopted
hereunder is declared to be a public nuisance.
(2)Â
Suits
to restrain, prevent or abate violations of this chapter may be instituted
in equity or at law by any affected county or municipality, or any
aggrieved person. Except in cases of emergency where, in the opinion
of the court, the circumstances of the case require immediate abatement
of the unlawful conduct, the court may, in its decree, fix a reasonable
time during which the person responsible for the unlawful conduct
shall correct or abate the same. The expense of such proceedings shall
be recoverable from the violator in such manner as may now or hereafter
be provided by law.
