Zoning, building permits and septic rules in Borough of Nesquehoning, Pennsylvania

Borough of Nesquehoning’s own rules

• Building permitRequired

  Erecting or adding to buildings/structures inside Nesquehoning borough (zoning permit from the zoning officer; UCC building permit also elected under Ch. 5)

  • Zoning permit may be issued without it only on a written order of the zoning hearing board
  • Special uses need planning commission review and zoning hearing board order
  • Exemptions from the UCC permit requirement were not located

  “no building or structure shall be erected, added to, until a permit therefore has been issued by the zoning officer, except upon a written order of the zoning hearing board.”

• Building code adoptedAdopted

  Construction inside Nesquehoning borough

  • Borough may administer through an employee, third-party agencies, intermunicipal agreement or Dept. of Labor and Industry (§5-103)
  • Fees are set by council resolution

  “the uniform construction code, contained in 34 pa.code, chapters 401-405, as amended from time to time, is hereby adopted and incorporated herein by reference as the borough building code of this borough.”

• Certificate of occupancyRequired

  Occupying land or new/altered buildings inside Nesquehoning borough

  • Issued by the zoning officer within 10 days after the work is approved as complying with the zoning chapter
  • Applied for together with the zoning permit

  issuance time: <= 10 days

  “no land shall be occupied or used and no building hereafter erected, altered, or extended shall be used or changed in use until a certificate of occupancy shall have been issued by the zoning officer”

• Local zoningPresent (with conditions)

  All land inside Nesquehoning borough (Carbon County)

  • Adopted as Ord. 91-6, 6/20/1991, amended by Ord. 92-3, 2004-7 and 2013-1
  • Administered by a borough zoning officer and zoning hearing board

  “ordinance dividing the borough of nesquehoning into districts and regulating the use of land and the location, use, density, and intensity of buildings within these districts”

• Zoning districtsPublished

  Zoning districts in Nesquehoning borough: CO-1, R-1, R-2, C-1, C-2, I-1, M-R, RC plus floodplain overlay

  • Boundaries are on the Borough of Nesquehoning Zoning Map referenced in §27-302

  “in addition to the above eight zoning districts, there are floodplain overlay districts which shall also be applicable.”

• Minimum lot sizeDistrict specific (with conditions)

  Lots in Nesquehoning borough zoning districts (Schedule 27-II); per-district area values are not reliably readable from the extracted table

  • Schedule 27-II sets different areas with central water and sewer versus on-lot water and sewer
  • Minimum site for development is 2 acres in all districts under §27-501

  minimum lot size, non-standard on-lot sewage areas, all districts: >= 2 acres

  “then such areas shall have a minimum lot size of not less than 2 acres regardless of the district in which they are located.”

• Subdividing landRegulated (with conditions)

  Subdivision and land development inside Nesquehoning borough

  • Governed by the borough subdivision and land development ordinance, Chapter 22

  “cluster developments shall also be regulated by the special density and other performance standards in this part as well as by any special land development standards in the nesquehoning subdivision and land development ordinance [chapter 22].”

• Building in a floodplainRequired

  Land in the floodplain overlay inside Nesquehoning borough

  • Specific rules are in the separate floodplain ordinance, Ord. 2002-3 (Chapter 8), which was not opened

  “the floodplain regulations from that separate ordinance shall be considered to be an overlay of additional regulations in addition to the zoning requirements.”

• Permit feesVariable (with conditions)

  Building code administration fees inside Nesquehoning borough

  • Amounts are in a council resolution not located; zoning fees are under §27-809, not read

  “fees assessable by the borough for the administration and enforcement undertaken pursuant to this part and the code shall be established by the borough council by resolution from time to time.”

• Permit processPartial

  Zoning permit process inside Nesquehoning borough

  • Permitted uses are issued by the zoning officer; special uses go through planning commission review and the zoning hearing board
  • A certificate of occupancy is applied for on completion

  “the zoning officer will then either issue or refuse the zoning permit or refer the application to the zoning hearing board or other appropriate agency.”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission; ask Borough of Nesquehoning or Carbon County directly.

• Owner-builder exemption — Owner-builder exemption inside Nesquehoning borough
• Inspections — Inspections of new homes inside Nesquehoning borough
• Minimum dwelling size — Minimum dwelling floor area inside Nesquehoning borough
• Lot coverage — Maximum building coverage by district
• Living in an RV — RV occupancy inside Nesquehoning borough

Each answer was extracted from an official source and independently re-checked against that source by a second reviewer. That is an evidence check, not legal advice. Rules change; confirm with the authority before you buy or build.