The provisions of this chapter shall be enforced
by a Code Enforcement Officer assisted by the Township of Marple Police
Department and other municipal agencies.
The Code Enforcement Officer shall have the
duty and the power to:
A.
Keep a permanent record of all plans and applications
for permits and all permits issued with notations as to special conditions
attached thereto. All records shall be open for public inspection
and shall be the property of the Township.
B.
Review applications for zoning permits for construction
or alterations of structures or changes of use; determine whether
such construction or use is in accordance with the general requirements
of this chapter, all other applicable ordinances and with the laws
and regulations of the commonwealth.
C.
Conduct inspections and surveys to determine compliance
or noncompliance with the terms of this chapter. In carrying out such
surveys, the Code Enforcement Officer or his representative may enter
upon any land or buildings except that if a building is occupied he
must obtain a warrant prior to entering upon the building or property.
D.
Make written orders requiring compliance with the
provisions of this chapter to be served personally or by registered
mail.
E.
Institute proceedings in courts of proper jurisdiction
for the enforcement of the provisions of this chapter.
F.
Maintain a map showing the current zoning classification
of all land.
G.
Maintain a map and register showing the registration,
identity, location and type of all nonconforming uses.
H.
Maintain a map showing ultimate rights-of-way for
streets.
I.
Participate in all proceedings before the Zoning Hearing
Board, present facts and information to assist the Board in reaching
a decision, resist and oppose any deviations from the standard provisions
of this chapter and have the decisions of the Board reviewed in a
court of property jurisdiction when, in the judgment of the Code Enforcement
Officer, such review is desirable.
[Amended 9-13-2004 by Ord. No. 2004-10]
The Code Enforcement Officer shall have authority
to issue zoning permits only for construction and uses that are in
accordance with the general requirements of this chapter. Zoning permits
for construction and uses that are a special exception to such general
requirements shall be issued by the Code Enforcement Officer only
upon order of the Zoning Hearing Board and permits for uses that are
conditional uses shall be issued only upon order of the Board of Commissioners.
The Code Enforcement Officer shall issue no permits for the construction
or use of any land or building unless the construction or use also
conforms to the requirements of all other ordinances of the Township
of Marple and with the laws of the commonwealth. A zoning permit shall
be granted or denied within 30 days after the written application
has been filed with the Code Enforcement Officer and the required
fee paid.
[Amended 9-13-2004 by Ord. No. 2004-10]
A.
A zoning permit shall be required prior to the construction
or alteration of a building and prior to the use or change in use
of a building or land; prior to the change or extension of a nonconforming
use; and for the following structures if the structure has a building
area of less than 500 square feet and is accessory to a detached one-family
dwelling:
B.
A zoning permit shall be required for an agricultural
building, as defined by the Pennsylvania Construction Code Act of
1999, No. 45.
C.
A zoning permit shall be required for manufactured
or industrialized housing certified by the manufacturer to conform
to applicable federal and state construction and safety standards,
as identified in Section 901 of the Pennsylvania Construction Code
Act of 1999, No. 45.
D.
Applications for permits shall be made, in writing,
to the Code Enforcement Officer on such forms as may be furnished
by the Township. Such application shall contain all information necessary
for the Code Enforcement Officer to ascertain whether the proposed
erection, alteration, use or change in use complies with the provisions
of this chapter.
All applications for zoning permits shall be
made in writing by an owner, tenant or authorized agent and shall
be filed with the Code Enforcement Officer. The application shall:
A.
Include a statement as to the proposed use of the
building.
B.
Be accompanied by plans drawn to scale, showing the
location of the building in relation to property and street lines.
C.
Include a statement that the ultimate right-of-way
lines of all streets shown on the plan have been located and staked
on the premises by a surveyor or other person competent to give such
location.
D.
Give the name and address of the person who has so
located and staked the street ultimate right-of-way lines.
E.
To provide documents and information as may be necessary
to enable the Code Enforcement Officer to ascertain compliance with
this chapter and all other pertinent ordinances, codes and regulations.
[Added 9-13-2004 by Ord. No. 2004-10]
An appeal or an application for a special exception or variance from the terms of this chapter may be made in accordance with Article XVII. Such an appeal or application shall be filed with the Code Enforcement Officer and shall set forth the following facts:
A.
Name and address of the applicant.
B.
Name and address of the owner of the real estate to
be affected by the proposed special exception or variance.
C.
A brief description and location of the real estate
in question.
D.
Present zoning classification of the real estate in
question, the improvements thereon and its present use.
E.
Article and section of this chapter under which the
special exception may be allowed and reasons for which it should be
granted.
F.
A reasonably accurate description of the improvements
and the additions intended to be made under this application, indicating
the size of such proposed improvements, material and general construction
thereof and attached thereto shall be a plat plan of the real estate
to be affected, indicating the location and size of the lot and the
size of the improvement now erected and proposed to be erected thereon.
An application for a conditional use as authorized
under the terms of this chapter may be made to the Board of Commissioners.
Such an application shall be filed with the Code Enforcement Officer
and shall set forth the reasons for the conditional use request. The
application shall include the following documentation:
A.
Name and address of the applicant.
B.
Name and address of the owner of the real estate to
be affected by the proposed conditional use.
C.
A brief description and location of the real estate
in question.
D.
Present zoning classification of the real estate in
question, the improvements thereon and its present use.
E.
Article and section of this chapter under which the
conditional use may be allowed and reasons for which it should be
granted.
F.
A reasonably accurate description of the improvements
and the additions intended to be made under this application, indicating
the size of such proposed improvements, material and general construction
thereof and attached thereto shall be a plat plan of the real estate
to be affected, indicating the location and size of the lot and the
size of the improvement now erected and proposed to be erected thereon.
At least 30 days before the date of the public
hearing required by law for an application for a conditional use to
be heard before the Board of Commissioners, the Township Secretary
shall transmit to the Planning Commission a copy of the notice of
hearing and other information as may have been furnished by the applicant
or the Code Enforcement Officer. The Planning Commission may submit
an advisory opinion that shall be considered by the Board, provided
that the opinion is received on or before the date of the public hearing
of the Board of Commissioners.
The Board of Commissioners shall hold a public hearing upon a conditional use request and shall give public notice as defined herein. The public hearing shall be held within 60 days after the date the request is filed, unless the applicant requests or consents in writing to an extension of time. In allowing a conditional use, the Board of Commissioners may attach reasonable conditions and safeguards as may be deemed necessary to implement the purposes of this chapter and ensure the protection of adjacent uses from adverse impacts that may be determined from credible testimony. In particular, the Board of Commissioners shall apply the criteria and standards of Article XVII, § 300-136G and H.
The applicant for a permit, special exception
or variance or conditional use shall at the time of making the application
pay to the Code Enforcement Officer a fee in accordance with a fee
schedule adopted by resolution of the Board of Commissioners as shall
be determined from time to time by the Board of Commissioners.
