[HISTORY: Adopted by the Board of Supervisors
of the Township of Girard 8-10-1981 by Ord. No. 99-6 (Ch. 35 of the 1987 Code).
Amendments noted where applicable.]
It is the purpose of this chapter to:
A.
Encourage planning and development in bluff areas
which is consistent with sound land use practices.
B.
Protect people and property in bluff areas from danger
and damages associated with the inevitable recession of bluffs.
C.
Prevent and eliminate urban and rural blight which
results from the damages of bluff erosion and recession.
D.
Minimize the expenditure of public and private funds
for shoreline protection and bluff stabilization structures and activities.
In any designated bluff recession hazard area,
no person shall construct, install or engage in substantial improvement
to any structure or any utility facility, such as but not limited
to water, sewerage, electric, gas, oil or telephone facilities, in
violation of the bluff setback requirements established by this chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
A 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.
The Department of Environmental Protection of the commonwealth.
The improvement of one lot or two more contiguous
lots, tracts or parcels of land for any purpose, including but not
limited to a group of two or more buildings and the division or allocation
of land or space between or among two or more existing or prospective
occupants by means of or for the purpose of streets, common areas,
leaseholds, condominiums, building groups or other features; or
A subdivision of land.
A bank over five feet high.
A body of fresh water covering at least 9,000 square feet.
[1]The value of a structure determined by a certified appraisal
as provided by the owner of said property.
The shortest horizontal distance from a point on the bluff
line to a point on a structure.
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 other legal entity which is recognized by law as
the subject of rights and duties. When used in a 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.
A 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 STRUCTUREA place providing the 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 a residential structure.
COMMERCIAL STRUCTUREA 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 STRUCTUREA 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.
A repair, reconstruction or improvement of a structure, the
cost of which equals or exceeds 50% of the market value of the structure
either before the improvement or repair is started or, if the structure
has been damaged and is being restored, before the damage occurred;
or 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 before the first improvement
or repair is started or, if the structure has been damaged and is
being restored, before the damage occurred. "Substantial improvement"
is considered to occur when the first alteration of any wall, ceiling,
floor or other structural 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 is 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.
No person shall construct, install or engage
in substantial improvement to any structure or utility facility, such
as but not limited to waste, sewerage, electric, gas, oil or telephone,
in a designated bluff recession hazard area without first obtaining
a written permit from the Zoning Administrator of Girard Township.
A.
The location and boundaries of the designated bluff recession hazard area shall be as defined in § 81-3 hereof and shall extend inland a horizontal distance of 200 feet from the bluff line.
B.
There is hereby established a minimum bluff setback
distance from the top of the bluff. The minimum bluff setback distance
is 200 feet for residential structures, 200 feet for commercial structures
and 200 feet for industrial structures. It should be noted that the
foregoing are minimum distances, and because of variations in local
bluff recession rates, it cannot be guaranteed that a structure located
in a bluff recession hazard area will not be endangered by bluff recession
within its useful life span.
C.
Except as provided in § 81-5 hereof, no permit shall be granted under this chapter for the construction, installation or substantial improvement of structures or utility facilities within the minimum bluff setback distance established by Subsection B hereof. Substantial improvement does not include any project for improvement of a structure to comply with existing state or local health, sanitary or safety specifications which is 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.
D.
A permit may be transferred only upon application
to and written approval by the Zoning Administrator. No permit shall
be transferred if a violation of this chapter exists at the time of
application for transfer unless the transfer will expedite correction
of the violation.
A request for a variance to the permit requirements of § 81-4 hereof may be granted only by the Girard Township Zoning Hearing Board in the following cases:
A.
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 is met:
(1)
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)
The structure shall be designed and constructed to be movable. Construction activities shall meet the minimum erosion and sediment control practices established by Title 25, Chapter 102 (relating to erosion control), of the Pennsylvania Code and reflect guidance contained in municipal stormwater ordinances or county watershed stormwater management plans. All construction materials, including foundations, shall be removed and disposed of in accordance with Chapter 75 (relating to solid waste management) of the Pennsylvania Code as part of the moving operation. Access to and from the structure shall be of sufficient width and acceptable grade to allow for moving of the structure.
[Amended 7-14-1987 by Ord. No. 73]
B.
When the proposed structure or utility facilities
require access to the body of water and there is not feasible alternative
for obtaining such access. A variance may be granted only for bluff
recession control devices designed to reduce bluff recession; water
withdrawal lines or discharge lines; power cables; natural gas or
oil pipelines; and communication cables or other public service lines
which require access through the bluff recession hazard area to the
body of water.
[Amended 7-14-1987 by Ord. No. 73]
(1)
To achieve adequate protection of the bluff, the construction
activity shall occur in a manner that minimizes potential short-term
and long-term disruption of the bluff recession hazard area, shall
be in conformance with Title 25, Chapter 102, of the Pennsylvania
Code and shall reflect guidance contained in municipal stormwater
ordinances or county watershed stormwater management plans.
(2)
To help ensure that increased turbidity levels on
the lake are not caused, all construction activities shall comply
with the erosion and sedimentation control practices established by
Title 25, Chapter 102, of the Pennsylvania Code.
(3)
The area of the construction site shall be reestablished
to ensure that subsequent erosion will not damage the structure or
harm the environment or adjacent properties.
A.
The Zoning Administrator, prior to issuing a building
permit for an improvement to a structure or utility facility within
a bluff setback distance, shall:
(1)
Determine the cost of the proposed improvement.
(2)
Review the market value of the structure or utility
facility.
(3)
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)
Determine whether this proposed improvement will be
a substantial improvement of the structure or utility facility.
B.
The Zoning Administrator 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.
The Zoning Administrator 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.
The Zoning Administrator shall maintain in a
permanent file all correspondence, requests for variances, applications
for permits and issuance or denial of such permits.
A.
An agent or employee of the municipality shall have
the power to, upon presentation of proper credentials:
(1)
Enter any land for the purpose of surveying bluff
recession hazard areas.
(2)
Enter any land in a bluff recession hazard area for
the purpose of ascertaining the location of structure or structures.
(3)
Enter land or any structure located in a bluff recession
hazard area for the purpose of ascertaining the compliance or noncompliance
with this bluff setback chapter.
B.
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 properly. It shall be sufficient probable
cause to issue an inspection warrant that the inspection is necessary
to properly enforce the provisions of this chapter.
A.
Criminal penalties.
(1)
Any person other than the officers of a municipality,
county or governmental unit who violates or permits a violation of
this chapter shall, upon conviction in a summary proceeding brought
before a Magisterial District Judge under the Pennsylvania Rules of
Criminal Procedure, be guilty of a summary offense and shall be punishable
by a fine of not more than $1,000, plus costs of prosecution. In default
of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding 90 days. All summary proceedings under this
chapter may be brought before any Magisterial District Judge of the
county where the violation occurred, and jurisdiction is hereby conferred
upon said Magisterial District Judge, subject to appeal by either
party 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.
[Amended 7-14-1987 by Ord. No. 73[1]]
(2)
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 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.
Civil remedies.
(1)
Any activity conducted in violation of this chapter
is declared to be a public nuisance.
(2)
Suits to restrain, prevent or abate violations of
this chapter as adopted may be instituted in equity or at law by any
affected county or municipality or by any aggrieved person. Such proceedings
may be prosecuted in the Commonwealth Court or in the Court of Common
Pleas of the county where the activity has taken place, the condition
exists or the public is affected, and to that end jurisdiction is
hereby conferred in law and equity upon such Courts. 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.
A.
The following procedures shall be followed:
(1)
Appeals from the decision of the Zoning Administrator
shall be made to the Zoning Hearing Board by any person aggrieved
by any decision of the Zoning Administrator. Such appeal shall be
taken within a reasonable time, as provided by the rules of the Board,
by filing with the Zoning Administrator and with the Board a notice
of appeal specifying the grounds thereof. The Zoning Administrator
shall forthwith transmit to the Board all papers constituting the
record upon which the action appealed from was taken.
(2)
The Board shall hear and decide appeals and review
any order, requirement, decision or determination made by the Zoning
Administrator in the enforcement or application of this chapter, and
upon such appeal, may, in accordance with the provisions of this chapter,
reverse or affirm, wholly or in part, or modify any such order, requirement,
decision or determination.
(3)
If, after a permit has been authorized by the Board,
such permit is not lifted from the office of the Zoning Administrator
within a period of six months from the date of authorization, then
such authorization shall be null and void, and no permit shall be
issued thereunder.
(4)
The Board shall fix a reasonable time for the hearing
of an appeal; shall give notice thereof, as well as due notice, at
least six days prior to the hearing, in the press and by mail to the
parties in interest at the address filed with the appeal; and shall
decide the same within 45 days from the Zoning Administrator's decision.
Upon the hearing of such appeal, any party may appear in person or
be represented by agent or attorney.
