A.
Building permits. Where required by the Spring Garden Township Building Permit Ordinance (Chapter 120, Article I) for the erection, enlargement, repair, alteration, moving or demolition of any structure, or other regulated activity, a building permit must be obtained from the Zoning Officer or appropriate Township officer.
B.
Use certificates.
(1)
A use certificate, certifying compliance with this chapter, must
be obtained from the Zoning Officer for any new structure as below
or for any change of use of a structure or land as set forth below
before such new structure or use or change of use is occupied or established:
(a)
Use of a principal structure erected after the effective date
of this chapter.
(b)
Use of vacant land except for agricultural purposes.
(c)
Any change in a conforming use of a structure or land.
(d)
Any change from a nonconforming use of a structure or land to
a conforming use.
(e)
Any change in the use of a structure or land from that permitted
by any variance of the Zoning Hearing Board.
(f)
New business activity or change in business, permitted by special
exception, variance or use by right.
(2)
The application for a use certificate must include a statement of
the intended use and any existing use of the structure or land. The
certificate continues in effect as long as the use of the structure
or land for which it is granted conforms to this chapter.
(3)
Prior to final approval of a use certificate by the Township Zoning
Officer, the property shall be in compliance with the current International
Property Maintenance standards.
C.
Zoning permits. It shall be unlawful for any person to build or construct
any of the following without first having obtained a zoning permit
therefor, the fee for which shall be determined by resolution:
[Added 12-14-2016 by Ord.
No. 2016-02]
(1)
Sheds, detached garages and/or unattached carports less than 1,000
square feet.
(2)
Fences up to six feet in height.
(3)
Retaining walls, as defined by the Pennsylvania Uniform Construction
Code Act and the regulations promulgated thereunder, as amended from
time to time, up to four feet in height.
(4)
Sidewalks and curbing.
(5)
Walkways other than sidewalks.
(6)
Driveways.
(7)
Patios and porches with no roof or walls.
(8)
Decks not more than 30 inches above grade.
(9)
Temporary business signs.
(10)
Permanent outdoor residential firepits and associated impervious
seating areas, provided that such structures shall require review
and approval by the Township Fire Department.
D.
Compliance with Township Zoning and Stormwater Township Ordinance.
No building permit or zoning permit shall be issued by the Township
unless such structure, project or other regulated activity proposed
shall meet all applicable requirements for the same as set forth in
the Township Zoning Ordinance, as amended, and the Township Stormwater
Management Ordinance, as amended.[1]
[Added 12-14-2016 by Ord.
No. 2016-02]
A.
Appointment and powers of Zoning Officer.
(1)
For the administration of this chapter, a Zoning Officer, who shall
not hold any elective office in the Township, shall be appointed.
(2)
The Zoning Officer shall meet the qualifications established by the
Township and shall be able to demonstrate to the satisfaction of the
Township a working knowledge of municipal zoning.
(3)
The Zoning Officer shall administer this chapter in accordance with
its literal terms and shall not have the power to permit any construction
or any use or change of use that does not conform to this chapter.
(4)
The Zoning Officer is hereby authorized to institute civil enforcement
proceedings as a means of enforcement when acting within the scope
of his employment.
C.
Transmittal of papers. After receipt of an application for a special
exception, variance or a notice of interpretation or appeal, the Zoning
Officer must transmit to the Planning Commission and Zoning Hearing
Board prior to their next regular meetings an agenda noting all upcoming
cases. Copies of all papers constituting the record of the special
exception, variance or appeal applications will be made available
at the scheduled public meetings.
D.
Action on building permits.
(1)
Within 30 business days after receipt of an application for a commercial
building permit, the Zoning Officer must grant or refuse the permit
in whole or in part.
(2)
Within 15 days after the receipt of an application for a residential
building permit, the Zoning Officer must grant or refuse the permit
in whole or in part.
(3)
The Zoning Officer and the applicant may agree in writing to extend
the deadline a specific number of days.
(4)
If the application conforms to the applicable requirements of the
building permit ordinance and this chapter, the Zoning Officer must
grant a permit. If the permit is not granted, he must state in writing
the grounds of his refusal.
E.
Action on use certificates. Within 10 working days, after site inspection
scheduled, after receipt of an application for a use certificate,
the Zoning Officer must grant or refuse the certificate. If the specifications
and intended use conform in all respects with the provisions of this
chapter, he must issue a certificate to that effect. Otherwise, he
must state in writing the grounds of his refusal.
F.
Enforcement. Upon determining that a violation of any of the provisions
of this chapter exists, the Zoning Officer must serve notice on the
person committing or permitting the same that a violation of this
chapter exists and must be abated within 10 days or such other time
that the Zoning Officer deems appropriate under the circumstances,
not to exceed 30 days. Notice shall be in writing and be sent by ordinary
and certified mail, return receipt requested. The Zoning Officer may,
in lieu of mailed notice, give personal notice by delivery to the
owner and/or occupier of the premises. If the violation is not abated
within the time set by the Zoning Officer, he should refer the matter
to the Solicitor for assistance in taking appropriate action. This
may include directing the Zoning Officer to file an appropriate civil
or criminal summary action before the local magisterial district judge
or such civil actions in law or equity as deemed necessary to enforce
the provisions of the chapter.
G.
Enforcement notice.
(1)
If it appears to the Township that a violation of this article has
occurred, the Township shall initiate enforcement proceedings by sending
an enforcement notice as provided in this section.
(2)
The enforcement notice shall be sent to the owner of record of the
parcel on which the violation has occurred, to any person who has
filed a written request to receive enforcement notices regarding that
parcel, and to any other person requested in writing by the owner
of record.
(3)
An enforcement notice shall state at least the following:
(a)
The name of the owner of record and any other person against
whom the Township intends to take action.
(b)
The location of the property in question.
(c)
The specific violation with a description of the requirements
that have not been met, citing in each instance the applicable provisions
of this chapter.
(d)
The date before which the steps for compliance must be commenced
and the date before which the steps must be completed.
(e)
The recipient of the notice has the right to appeal to the Zoning
Hearing Board within a period of 10 days from receipt thereof by filing
a notice of appeal to the Zoning Hearing Board.
(f)
Failure to comply with the notice within the time specified,
unless extended by appeal to the Zoning Hearing Board, constitutes
a violation with possible sanctions clearly described.
(4)
In an appeal of an enforcement notice to the Zoning Hearing Board,
the Township shall have the responsibility of presenting its evidence
first.
(5)
Any filing fee paid by a party to appeal an enforcement notice to
the Zoning Hearing Board shall be returned to the appealing party
by the Township if the Zoning Hearing Board or any court in a subsequent
appeal rules in the appealing party's favor.
H.
Records.
(1)
The
Zoning Officer must keep a record of:
(a)
All applications for building permits; use certificates; special
exceptions, variances and appeals and all actions taken on them, together
with any conditions imposed by the Zoning Hearing Board.
(b)
All complaints of violations of provisions of this chapter and
the action taken on them.
(c)
All plans submitted.
(d)
Nonconforming uses and nonconforming structures.
(2)
All such records and plans shall be available for public inspection.
The Board of Commissioners shall have exclusive jurisdiction
to hear and render final adjudications in the following matters:
A.
All applications for approvals of planned residential developments under Article VII of the Pennsylvania Municipalities Planning Code pursuant to provisions of § 702 of the MPC, 53 P.S. § 10702.
B.
All applications pursuant to § 508 of the MPC, 53 P.S. § 10508, for approval of subdivisions or land developments under Article V of the MPC, 53 P.S. § 10501 et seq.
C.
Applications for conditional use under the express provisions of
this chapter.
D.
Applications for curative amendment to this chapter or pursuant to
§§ 609.1 and 961(a) of the MPC, 53 P.S. §§ 10609
and 10961.
E.
All petitions for amendments to land use ordinances, pursuant to
the procedures set forth in § 609 of the MPC, 53 P.S. § 10609.
F.
Appeals from the determination of the Zoning Officer or the Township Engineer in the administration of any land use ordinance or provisions thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relates to applications for land development under Articles V and VII of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10501 et seq., and § 10701 et seq. Where such determination relates only to development not involving an Article V or VII application, the appeal from such determination of the Zoning Officer or the Township Engineer shall be to the Zoning Hearing Board pursuant to this section. Where the applicable land use ordinance vests jurisdiction for final administration of subdivision and land development applications in the Planning Commission, all appeals from determinations under this subsection shall be to the Planning Commission, and all appeals from the decision of the Planning Commission shall be to court.
Any person aggrieved or affected by provisions of this chapter
or a decision of the Zoning Officer may appeal in the manner set forth
in the Pennsylvania Municipalities Planning Code, Act 247, as amended.
Appeals raising the substantive validity of any land use ordinance
(except those to be brought before the Board of Commissioners pursuant
to the Pennsylvania Municipalities Code), procedural questions or
alleged defects in the process of enactment or adoption of a land
use ordinance; or from the determination of the Zoning Officer, including,
but not limited to, the granting or denial of any permit or failure
to act on the application therefor, the issuance of any cease and
desist order or the registration or refusal to register any nonconforming
use, structure or lot; or from a determination by the Township Engineer
or the Zoning Officer with reference to the administration of any
floodplain or flood hazard ordinance or such provisions within a land
use ordinance; from the determination of any officer or agency charged
with the administration of any transfers of development rights or
performance density provisions of this chapter; from the determination
of the Zoning Officer or Township Engineer in the administration of
any land use ordinance or provision thereof with reference to sedimentation
and erosion control and stormwater management insofar as the same
relate to development not involving subdivision and land development
or planned residential development may be filed with the Zoning Hearing
Board in writing by the landowner affected, any officer or agency
of the Township, or any person aggrieved. Requests for a variance
and for special exception may be filed with the Board by any landowner
or any tenant with the permission of such landowner.
A.
A building permit or other permit or authorization issued or approved
in violation of the provisions of this chapter is void without the
necessity of any proceedings for revocation.
B.
Any work undertaken or use established pursuant to such a permit
or other authorization is unlawful. No action may be taken by a board,
agency or employee of the Township purporting to validate such a violation.
In case any building, structure, landscaping or land is or is
proposed to be erected, constructed, reconstructed, altered, converted,
maintained or used in violation of this chapter, the Board of Commissioners
or, with the approval of the Board of Commissioners, an officer of
the Township, or any aggrieved owner or tenant of real property who
shows that his property or person will be substantially affected by
the alleged violation, in addition to other remedies, may institute
any appropriate action or proceeding to prevent, restrain, correct
or abate such building, structure, landscaping or land, or to prevent,
in or about such premises, any act, conduct, business or use constituting
a violation. When any such action is instituted by a landowner or
tenant, notice of that action shall be served upon the Township at
least 30 days prior to the time the action is begun by serving a copy
of the complaint on the Board of Commissioners. No such action may
be maintained until such notice has been given.
A.
Any person, partnership or corporation who or which has violated
or permitted the violation of the provisions of this chapter shall,
upon being found liable therefor in a civil enforcement proceeding
commenced by the Township, pay a judgment of not more than $500 plus
all court costs, including reasonable attorney's fees incurred by
the Township as a result thereof. No judgment shall commence or be
imposed, levied or payable until the date of the determination of
a violation by the Magisterial District Judge. If the defendant neither
pays nor timely appeals the judgment, the Township may enforce the
judgment pursuant to the applicable rules of civil procedure. Each
day that a violation continues shall constitute a separate violation,
unless the Magisterial District Judge determining that there has been
a violation further determines that there was a good faith basis for
the person, partnership or corporation violating this chapter to have
believed that there was no such violation, in which event there shall
be deemed to have been only one such violation until the fifth day
following the date of the determination of a violation by the Magisterial
District Judge, and thereafter each day that a violation continues
shall constitute a separate violation.
B.
The court of common pleas, upon petition, may grant an order of stay,
upon cause shown, tolling the per-diem fine pending a final adjudication
of the violation and judgment.
C.
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than the Township the right
to commence any action for enforcement pursuant to this section.
D.
Magisterial district judges shall have initial jurisdiction over
proceedings brought under this section.
A.
The Board of Commissioners may from time to time amend, supplement
or repeal any of the regulations and provisions in this chapter.
B.
Public hearing(s). Before voting on the enactment of an amendment,
the Board of Commissioners shall hold a public hearing thereon, pursuant
to public notice. In the case of an amendment other than that prepared
by the Township Planning Commission, the Board of Commissioners shall
submit each amendment to the Township Planning Commission at least
30 days prior to the hearing on such proposed amendment to provide
the Township Planning Commission an opportunity to submit recommendations.
C.
County Planning Commission review. At least 30 days prior to the
hearing on any amendment by the Board of Commissioners, the Township
shall submit the proposed amendment to the County Planning Commission
for recommendations.
D.
Amendments involving Zoning Map changes. If the proposed amendment
involves a Zoning Map change, notice of the required hearing shall
be conspicuously posted by the Township along the perimeter of the
parcel to notify potentially interested citizens. The affected parcel
or area shall be posted at least one week prior to the date of the
hearing.
E.
Enactment of amendments.
(1)
Proposed amendments shall not be enacted unless notice of proposed
enactment is given in the manner set forth in this section and shall
include the time and place of the meeting at which passage will be
considered, a reference to a place within the Township where copies
of the proposed amendment may be examined without charge or obtained
for a charge not greater than the cost thereof.
(2)
The Township shall publish the proposed amendment once each week
for two consecutive weeks in one newspaper of general circulation
in the Township not more than 60 days nor less than seven days prior
to passage. Publication of the proposed amendment shall include either
the full text thereof or the title and a brief summary, prepared by
the Township Solicitor and setting forth all the provisions in reasonable
detail. If the full text is not advertised, then:
(a)
A copy thereof shall be supplied to the newspaper in general
circulation in the Township at the time the public notice is published.
(b)
An attested copy of the proposed ordinance shall be filed in
the County Law Library or other county office designated by the County
Commissioners, who may impose a fee no greater than necessary to cover
the actual costs of storing the ordinance.
(3)
In the event substantial amendments are made in the proposed amendment,
before voting upon enactment, readvertise in one newspaper of general
circulation in the Township a brief summary setting forth all the
provisions in reasonable detail together with a summary of the amendments.
(4)
Within 30 days after enactment of any amendment to this chapter,
a copy of the amendment shall be forwarded to the County Planning
Commission.
A.
A landowner who desires to challenge on substantive grounds the validity
of this chapter or the Zoning Map or any provision thereof which prohibits
or restricts the use or development of land in which he has an interest
may submit a curative amendment to the Board of Commissioners with
a written request that his challenge and proposed amendment be heard
and decided as provided in § 916.1 of the Pennsylvania Municipalities
Planning Code (hereinafter "MPC"), 53 P.S. § 10916.1. The
curative amendment and challenge shall be referred to the Planning
Commission and the County planning agency as provided in § 609,
and notice of the hearing thereon shall be given as provided in §§ 610
and 916.1 of the MPC, see 53 P.S. §§ 10609, 10610 and
10916.1.
B.
The hearing shall be conducted in accordance with § 908
of the MPC, 53 P.S. § 10908, and all references therein
to the Zoning Hearing Board shall, for purposes of this section, be
references to the Board of Commissioners. If the Township does not
accept a landowner's curative amendment brought in accordance with
this subsection and a court subsequently rules that the challenge
has merit, the court's decision shall not result in a declaration
of invalidity for this entire chapter and Zoning Map, but only for
those provisions that specifically relate to the landowner's curative
amendment and challenge.
C.
The Board of Commissioners, if it determines that a validity challenge
has merit, may accept a landowner's curative amendment, with or without
revision, or may adopt an alternative amendment, which will cure the
challenged defects. The Board of Commissioners shall consider the
curative amendments, plans and explanatory material submitted by the
landowner and shall also consider:
(1)
The impact of the proposal upon roads, sewer facilities, water supplies,
schools and other public service facilities.
(2)
If the proposal is for a residential use, the impact of the proposal
upon regional housing needs and the effectiveness of the proposal
in providing housing units of a type actually available to and affordable
by classes of persons otherwise unlawfully excluded by the challenged
provisions of this chapter or Zoning Map.
(3)
The suitability of the site for the intensity of use proposed by
the site's soils, slopes, woodlands, wetlands, floodplains, aquifers,
natural resources and other natural features.
(4)
The impact of the proposed use on the site's soils, slopes, woodlands,
wetlands, floodplains, natural resources and natural features, the
degree to which these are protected or destroyed, the tolerance of
the resources to development and any adverse environmental impacts.
(5)
The impact of the proposal on the preservation of agriculture and
other land uses which are essential to public health and welfare.
A.
If the Township determines that this chapter or any portion hereof
is substantially invalid, it shall take the following actions:
(1)
The Township shall declare, by formal action, this chapter or portions
hereof substantially invalid and propose to prepare a curative amendment
to overcome such invalidity. Within 30 days of such declaration and
proposal the Board of Commissioners shall:
B.
Within 180 days from the date of the declaration and proposal, the
Township shall enact a curative amendment to validate or reaffirm
the validity of this chapter pursuant to the provisions of § 609
of the Pennsylvania Municipalities Planning Code (hereinafter "MPC"),
53 P.S. § 10609, in order to cure the declared invalidity
of this chapter.
The Board of Commissioners must set fees for all applications,
permits or appeals provided for by this chapter to defray the costs
of advertising, mailing notices, processing, inspecting and copying
applications, permits and use certificates. The fee schedule shall
be available through the Township Manager or Zoning Officer for inspection.
