[Amended 6-10-1970 by Ord. No. 595]
A.
The provisions of this chapter shall be enforced by
the Zoning Officer who, for the purposes of this chapter, is hereby
designated as being the Building Inspector of the Township of Springfield.
The Building Inspector shall be appointed by the Township Manager
and shall be vested with the power and authority to enforce the provisions
of this chapter as well as the provisions of the Springfield Township
Building Code of 1960, as amended (hereinafter referred to as the
Building Code).[1]
B.
It shall be the duty of the Building Inspector to
keep a record of all plans and applications for permits and of all
permits issued, with notation of all special conditions attached thereto,
all of which records shall be open for public inspection. He shall
make such reports as the Board of Commissioners may require.
C.
The Building Inspector shall have authority to issue
permits only for construction and uses which are in accordance with
the requirements of this chapter. Building permits for construction
and uses involving special exceptions or variances to the requirements
of this chapter shall be issued by the Building Inspector only upon
order of the Zoning Hearing Board. The Building Inspector shall issue
no permit for the construction or use of any land or building unless
it also conforms to the requirements of the Building Code and all
other ordinances of Springfield Township and the laws of the Commonwealth
of Pennsylvania pertaining to such use or construction.
A.
Permits required. No building shall be constructed
or altered in the Township, or the use of any building or lot changed,
until a building permit has been secured from the Building Inspector.
It shall be unlawful for any person to commence or cause to be commenced
work for the erection or alteration of or addition to any building
or other structure or portion thereof until a building permit has
been duly issued therefor.
B.
Applications. Applications for building permits shall
be made in writing by the owner or his duly authorized agent on forms
furnished by the Township and shall be filed with the Building Inspector.
The application shall conform in all respects to § 13-33
et seq., of the Building Code[1] and, in addition, shall be accompanied by:
(1)
A plot plan prepared by a registered engineer
or surveyor, when deemed necessary by the Building Inspector, showing
the exact size and location of any buildings or other structures existing
on the lot in question and upon abutting land within 50 feet of the
side and rear lot lines of such lot, and the lines within which the
proposed building or other structure shall be erected or altered.
(2)
A statement that the side lines of all lots
shown on the plan have been located and staked on the premises by
a surveyor or other person competent to give such location, whose
name and address shall appear either on the application or on the
plan.
(3)
Such other plans, documents and information
as may be necessary to enable the Building Inspector to ascertain
compliance with this chapter, the Building Code and other pertinent
ordinances.
C.
Issuance. No building permit shall be issued until
the Building Inspector has certified that the proposed building, structure,
alteration or land use complies with the provisions of this chapter,
the Building Code and other applicable ordinances. Upon completion
of the erection, addition to or alteration of any building, structure
or portion thereof authorized by any building permit obtained in compliance
with this chapter, and prior to use or occupancy, the holder of such
permit shall notify the Building Inspector of such completion. Use
and occupancy shall not be authorized until the Building Inspector
has certified that the work has been inspected and approved as being
in conformity with this and other applicable ordinances, including
the Building Code and the Subdivision Ordinance, [2] and has issued a use and occupancy permit as hereinafter
provided.
A.
Requirement.
(1)
A use and occupancy permit shall be required
prior to any of the following:
(a)
Use and occupancy of any building or other structure
hereafter erected or altered.
(b)
Change in use of any building or structure.
(c)
Use of land or change in the use thereof, (except
that the placing of vacant land under cultivation shall not require
a use and occupancy permit.
(d)
Change in use or extension of a nonconforming
use.
(2)
It shall be unlawful for any person to use or
occupy any building or other structure or land until a use and occupancy
permit has been duly issued therefor.
B.
Applications. All applications for use and occupancy
permits shall be made in writing on forms furnished by the Township
and shall include all information necessary to enable the Building
Inspector to ascertain compliance with this chapter and the Building
Code.
C.
Issuance.
[Amended6-9-2021 by Ord. No. 970]
(1)
The Zoning Officer shall have 45 days after the receipt of the
submission of a complete application for a use and occupancy permit
to approve or deny a permit, subject to the following. In order to
be considered to be "complete," an application for a use and occupancy
permit must include:
(a)
A fully completed application form, signed by a landowner, equitable
owner and/or tenant with a valid lease. If the applicant is an equitable
owner or tenant, a copy of the agreement establishing such property
right shall be included with the application;
(b)
A description of the proposed use, the existing use, and the
historic use;
(c)
The required application fee established by resolution of the
Board of Commissioners, as amended from time to time; and
(d)
Any and all supporting documentation necessary to allow the
Zoning Officer to properly evaluate the use and occupancy permit application,
including, but not limited to, a plan of the property and structures
thereon and information demonstrating compliance with the Township
Building Code and Zoning Ordinance.
(2)
The Zoning Officer shall have 20 days to determine whether a
use and occupancy application is complete. If it is determined that
the use and occupancy permit application is incomplete, the Zoning
Officer will notify the applicant within the twenty-day period of
the additionally required documents and/or items. The forty-five-day
period within which the Zoning Officer has to issue a decision on
the application will start anew upon the submission of the information
necessary to complete the application.
(3)
The deadline within which the Zoning Officer must issue a decision
may be extended upon the written, signed agreement of the applicant.
(4)
No use and occupancy permit shall be issued until the Building
Inspector has certified that the proposed use complies with all the
provisions of this chapter and the Township Building Code and Subdivision
of Land Ordinance.
(5)
Pending completion of a building or of alterations thereto,
and subject to the provisions of this section, a temporary use and
occupancy permit may be issued by the Building Inspector for a temporary
occupancy of a part or all of a building in lieu of a permanent use
and occupancy permit, provided that issuance of such a permit has
been approved by the Board of Township Commissioners, and provided
further that such temporary occupancy would not in any way tend to
jeopardize life or property or create a health hazard. The issuance
of such a temporary occupancy permit shall in no way prejudice the
right of the Building Inspector to refuse to issue a permanent use
and occupancy permit. The issuance of a use and occupancy permit shall
not, in any way, be construed to relieve a contractor, builder or
developer of and from any contractual or other liability, responsibility
or obligation to any other person, firm or corporation.
If the Building Inspector determines that an
application is in compliance with the provisions of this chapter,
the Building Code and other pertinent Township ordinances, it shall
be his duty to issue the appropriate permit. If he determines that
an application is not in compliance with the provisions of this chapter,
the Building Code or other Township ordinance, it shall be his duty
to refuse the permit, in which case he shall instruct the applicant
in the method of appeal to the appropriate administrative appellate
body. In the case of an appeal based upon this chapter, or an application
for a variance or special exception from the terms of the chapter,
the appeal shall be made to the Zoning Hearing Board within 30 days
after the date of the refusal of the Building Inspector. In the case
of an appeal from the determination of the Building Inspector based
on the Building Code, the appeal shall be to such body and in such
manner as the Building Code prescribes.[1]
[Added 9-12-1979 by Ord. No. 687]
In those mobile home parks wherein some or all
of the mobile home lots will be leased, the following regulations
shall apply to the entire development, exclusive of the lots being
sold individually:
A.
It shall be unlawful for any person or group to construct,
alter, extend or operate a mobile home park unless and until that
person obtains:
B.
License. The operator of a mobile home park with lots
for lease shall apply to the Pennsylvania Department of Environmental
Resources and to the Springfield Township Zoning Officer on or before
the first day of each year for an annual license to continue operation
of the mobile home park. Issuance of a license shall be based on satisfactory
compliance with the standards for mobile home parks issued by all
appropriate state and local authorities.
C.
Fee. The fee for the annual license required for mobile
home parks having lots for lease shall be $50 per lot and shall be
submitted to the Zoning Officer with the application.
D.
Inspection. Upon receipt of the application for annual
license and before issuing such annual license, the Zoning Officer
or other designated representative of Springfield Township shall make
an inspection of the mobile home park to determine compliance with
this Article and other applicable Township ordinances. The Zoning
Officer or other representative shall thereafter notify the licensee
of any instances of noncompliance and shall not issue the annual license
until the licensee has corrected all such violations.
[Added 12-13-2006 by Ord. No. 882]
Whenever a conditional use is authorized pursuant
to the terms of this chapter, as amended, the procedures for application
and review of requested conditional uses shall be as follows:
A.
Written request. The landowner shall make a written
request to the Township Board of Commissioners that it hold a hearing
on his or her application. The request shall contain a statement reasonably
informing the Township Board of Commissioners of the matters that
are in issue.
B.
Plans and accompanying documents. The application shall be accompanied by plans and other materials in accordance with Chapter 95, Subdivision of Land, § 95-6, Preliminary plan requirements, and § 95-7, Contents of preliminary and final plans. If the application shall involve a subdivision or land development, the plans prepared in accordance with the requirements for preliminary plans of Chapter 95, Subdivision of Land, of the Code of the Township of Springfield shall be filed for review as well. If not disclosed at the conditional use hearing, then applicant shall provide architectural elevations at the preliminary/final plan submission phase.
C.
Hearing on conditional use request. The Township Board
of Commissioners shall hold a hearing upon the request, commencing
not later than 60 days after the request is filed, unless the applicant
requests or consents, in writing, to an extension of time.
D.
Decision on conditional use request. The Township
Board of Commissioners shall render a written decision or, when no
decision is called for, make written findings on the conditional use
application within 45 days after the last hearing before the Township
Board of Commissioners, unless the applicant has agreed, in writing
or on the record, to an extension of time. In allowing a conditional
use, the Township Board of Commissioners may attach reasonable conditions
and safeguards as may be deemed necessary to implement the purposes
of this chapter and to ensure the protection of adjacent uses from
adverse impacts that may be determined from credible testimony.
E.
An applicant for a conditional use shall have the
burden of establishing:
(1)
That the application falls within the provision
of the ordinance which accords the applicant the right to seek a conditional
use.
(2)
The allowance of the conditional use will not
be contrary to the public interest.
(3)
The applicant shall have the duty of presenting
credible evidence relating to the above as well as any specified criteria
established for the conditional use within the district allowed.
(4)
That the application shall be suitable in terms
of effects on highway traffic and safety, including the arrangement
for access and interior circulation to protect streets from undue
congestion and hazard. When required by the Township, a traffic impact
report shall be prepared at the applicant's expense to demonstrate
the impact of the proposal on the levels of service of adjoining street
frontages and intersections along highways within 1,000 feet of the
property. If required as a condition of approval by the Township Board
of Commissioners, the applicant shall be required to implement required
traffic and transportation improvements and/or detail the source for
these improvements.
F.
Unless otherwise specified by the Board of Commissioners, a conditional
use approval shall expire if the applicant fails to engage in such
use or obtain a building permit (if necessary) thereunder within 12
months from the date of authorization thereof, except that such twelve-month
period shall be tolled during the following:
[Added6-9-2021 by Ord. No. 970]
(1)
The diligent pursuit of any necessary land development and/or
subdivision approval;
(2)
Appeal of the relief granted by the Board of Commissioners,
or the conditions thereof; or
(3)
Any period for which the Commonwealth of Pennsylvania has declared
a state of emergency lasting for a period of not less than 30 days.
