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September 10, 2018 I Volume 12 I Issue 17 Zoning Bulletin <br />=: nforcement®Ten years after <br />constructing some accessory <br />structures, property owners are <br />issued enforcement notices stating <br />those structures violate the <br />township's zoning ordinance <br />Property owners argue enforcement notices are barred <br />due to the township's delay in enforcing the zoning <br />ordinance <br />Citation: DiPaolo v. Zoning Hearing Board of Bensalem Township, 2018 <br />WL 3447525 (Pa. Commw. Ct. 2018) <br />PENNSYLVANIA (07/18/18)—This case addressed the issue of whether a <br />township's enforcement notices against landowners for unpermitted accessory <br />structures in a floodplain, which came nearly a decade after the accessory <br />structures were constructed, were barred by laches, estoppel, vested rights or <br />justifiable reliance doctrines. <br />The Background/Facts: In June 2004, Gregory DiPaolo and Kathleen <br />DiPaolo (the "DiPaolos") purchased vacant property (the "Property") in <br />Bensalem Township (the "Township"). The DiPaolos' Property was partially <br />within the 100-year floodplain of a creek. In 2004, the Township's Zoning <br />Ordinance prohibited the construction and development of property located <br />within the floodplain without zoning, land development and building permits. <br />The DiPaolos applied for, and were granted, a variance from the Township's <br />floodplain regulations to construct a 2,035 square -foot single-family dwelling <br />partially within the 100-year floodplain of a nearby creek. <br />In 2005, the Township's Engineering Inspector examined the DiPaolos' <br />constructed dwelling for use and occupancy. At that time, the inspector <br />observed a rear deck and additional stone areas not included in the DiPaolos' <br />construction plan. The inspector issued a report related to work the DiPaolos <br />needed to "complete and/or correct in order to have the remainder of the Prop- <br />erty comply with the Zoning Ordinance." Specifically, the inspector referenced <br />a need for an as -built plan reflecting the rear deck and additional stone areas <br />not include in the DiPaolos' construction plan. The Township issued a use and <br />occupancy permit for the DiPaolos in July 2005. <br />In March 2014, the Township's Engineering Inspector again inspected the <br />DiPaolos' Property at the request of the Township's Director of Building and <br />Planning/Zoning Officer. Upon this inspection, the inspector specifically <br />outlined in a report violations of the Township's Zoning Ordinance —namely a <br />deck, sheds, paving/stone, and a screened gazebo that were all constructed <br />within the floodway without permits or the approval of the Township's Zoning <br />Hearing Board (the "ZHB"). <br />8 © 2018 Thomson Reuters <br />