There shall be a Code Enforcement Officer (CEO) who shall be appointed by the Board of Commissioners and be responsible for the administration and enforcement of this ordinance. The CEO shall meet qualifications established by the Township which shall include demonstration, to the satisfaction of the Township, of experience and a working knowledge of municipal zoning, subdivision and land development standards and construction principles. The CEO shall not hold any elected office in the Township. He shall:
A. 
Enforce all provisions of this ordinance and all amendments thereto.
B. 
Receive, examine, record and file all applications and fees for building permits and issue building permits only for any use which conforms to this ordinance.
C. 
Refer applications for special exceptions and variances to the Zoning Hearing Board.
D. 
Issue permits for construction of uses requiring a special exception or variance only upon order of the Zoning Hearing Board. Permits requiring approval by the Board of Commissioners shall be issued only after receipt of an authorization from the Board of Commissioners.
E. 
Following refusal of a permit to receive application for interpretation, appeals and variances and forward these applications to the Zoning Hearing Board for action thereon.
F. 
Conduct inspections and surveys to determine compliance or noncompliance with the terms of this ordinance.
G. 
Issue stop and cease-and-desist orders and order, in writing, correction of all conditions found to be in violation of the provisions of this ordinance. Such written orders shall be served personally or by certified mail upon persons, firms or corporations deemed by the Code Enforcement Officer to be violating the terms of this ordinance. It shall be unlawful for any person to violate any such order lawfully issued by the Code Enforcement Officer, and any person violating such order shall be guilty of a violation of this ordinance.
H. 
Keep an official record of all business and activities, including complaints of a violation of any of the provisions of this ordinance and of the subsequent action taken on each such complaint.
I. 
Maintain or cause to have maintained a map or maps showing the current zoning classification of all land in the Township.
J. 
Identify and register all nonconforming uses and nonconforming structures created as a result of the adoption of this ordinance.
K. 
(Reserved)
L. 
Upon the request of the Board of Commissioners, Planning Commission or Zoning Hearing Board, present facts, records and any similar information to such body on specific requests to assist the Commission or Boards in reaching their final decision or recommendation.
M. 
Be considered the Floodplain Administrator and maintain all floodplain records in perpetuity.
[Added 8-11-2015 by Ord. No. 1558]
A. 
A building permit shall be obtained as required by the Building Code of the Township of Springfield.[1]
[1]
Editor's Note: See Ch. 134, Uniform Construction Code.
B. 
A permit shall be required prior to the erection or alteration of any building, structure or portion thereof, including signs. Within an Identified Floodplain Area a permit is required for all development (see definition in § 143-9).
[Amended 8-11-2015 by Ord. No. 1558]
C. 
It shall be unlawful for any person to commence any of the above activities until a building permit has been duly issued.
In addition to the requirements set forth in the Springfield Township Building Code,[1] the following shall apply:
A. 
All applications for building permits shall be made in writing by the landowner or his authorized agent on forms furnished by the Township and shall be accompanied by a plot plan drawn to scale, showing the exact size and location of any building or other structures existing on the lot in question and upon abutting land within 50 feet of the side and rear lot line of such lot and the lines within which the proposed building or other structure shall be erected or altered. In addition, there shall be included with the applications such other plans, documents and information as may be necessary to enable the Code Enforcement Officer to ascertain compliance with this ordinance and all other pertinent ordinances, codes and regulations.
[1]
Editor's Note: See Ch. 134, Uniform Construction Code.
In addition to the provisions set forth in the Springfield Township Building Code,[1] the following shall apply:
A. 
No building permit shall be issued until the Code Enforcement Officer has certified that the proposed building, structure or alteration complies with the provisions of this ordinance and other applicable codes, regulations and ordinances, including the highway entrance regulations of the Pennsylvania Department of Transportation and/or the Township. A building permit, once issued, shall be posted on the property. 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 ordinance and, prior to use or occupancy, the holder of such permit shall notify the Code Enforcement Officer of such completion.
[1]
Editor's Note: See Ch. 134, Uniform Construction Code.
A. 
Whenever a subdivision, land development or redevelopment is proposed, all applicable provisions of this ordinance, the Subdivision and Land Development Ordinance, and the Stormwater Management Ordinance shall apply. In the case of a use by special exception, the provisions of Article XIX, § 143-136, and Article XX shall apply. In the case of a conditional use, the provisions of Article XIX, § 143-136, shall apply.
B. 
If portions of the project are to be completed in successive stages, a sketch plan of the areas not scheduled for immediate development shall be submitted, provided that preliminary and final plans showing all of the required detail shall be submitted to the Board of Commissioners prior to the construction of any future portion of the tract or premises.
C. 
Following the approval by the Board of Commissioners of the development plans for the development or redevelopment of a lot or premises, no change, deviation from or alteration of the original approved plan, uses, design landscaping or other features shall be permitted except when approved as a conditional use by the Board of Commissioners. In addition to and not in derogation of any of the powers of the Board of Commissioners in the consideration of the application, the Board of Commissioners shall take into consideration the type and extent of the change desired in relation to its effect upon the shopping center as a whole to the end that the same is and remains an integrated retail center in accordance with the general purposes of the district.
D. 
Time limit on construction permit. The initial permit pursuant to this Zoning Ordinance shall expire in 12 months after the date of issuance thereof, and, in the event that the project is to be constructed in stages, all subsequent permits issued shall expire 12 months after the date of issuance. In the event that the construction of the project shall be delayed by causes beyond the control of the permittee and substantial progress shall have been made on its construction, the Board, in its sole and absolute discretion, may extend the permit for successive terms not exceeding one year each, subject to such safeguards as it may prescribe in the public interest.
If the Code Enforcement Officer determines that an application is in compliance with the provisions of this ordinance, it shall be his/her duty to issue the appropriate permit and, if he/she determines that an application is not in compliance with the provisions of this ordinance, it shall be his/her duty to refuse the permit, in which case, he/she shall instruct the applicant in the method of appeal or application to the Zoning Hearing Board or the Board of Commissioners, whichever is applicable. No permit shall be issued to any applicant until any and all fees incurred which are payable to the Township are paid in full.
A. 
The Board of Commissioners shall establish, by resolution, a schedule of fees, charges and expenses and collection procedures for building permits, occupancy permits, sign permits, special exceptions, variances, appeals, conditional uses, amendments and other matters pertaining to this ordinance.[1]
[1]
Editor's Note: The fee schedule is on file in the Township offices.
B. 
The schedule of fees shall be posted in the office of the Code Enforcement Officer and may be altered or amended only by the Board of Commissioners.
C. 
No action shall be taken on any application for any special exception, variance or appeal until all application fees, charges and expenses have been paid in full.
D. 
The Board of Commissioners shall make provision in its budget and appropriate funds for the operation of the Zoning Hearing Board. Fees for the hearing before the Zoning Hearing Board may include compensation for the Secretary and members of the Zoning Hearing Board, notice and advertising costs and necessary administrative overhead connected with the hearing. The costs, however, shall not include legal expenses of the Zoning Hearing Board, expenses for engineering, architectural or other technical consultants or expert witness costs.
A. 
If it appears to the Township that a violation of any provision of this ordinance occurred, the Township shall initiate enforcement proceedings by sending an enforcement notice as provided in this section.
B. 
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.
C. 
An enforcement notice shall state the following:
(1) 
The name of the owner of record and any other person against whom the Township intends to take action.
(2) 
The location of the property in violation.
(3) 
The specific violation, with a description of the requirements which have not been met, citing in each instance the applicable provision of this ordinance.
(4) 
The date before which the steps for compliance must be commenced and the date before which the steps must be completed.
(5) 
That the recipient of the notice has the right to appeal to the Zoning Hearing Board within a prescribed period of time in accordance with procedures set forth in this ordinance.
(6) 
That 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.
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 any provision of this ordinance, 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 a provision of this ordinance 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 fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of determination of a violation by the District Justice. 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 District Justice determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating the ordinance to have believed that there was not such a 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 District Justice, and, thereafter, each day that a violation continues shall constitute a separate violation. All judgment, costs and reasonable attorney fees collected for the violation of the ordinance shall be paid over to the Township.
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. 
District Justices shall have initial jurisdiction over proceedings brought under this section.
A. 
In evaluating an application to the Board of Commissioners for a conditional use or to the Zoning Hearing Board for a special exception, the respective Boards shall require the applicant to provide reports, maps, plans and other related papers to ensure that the proposal will:
(1) 
Be consistent with the community development objectives articulated in the Zoning Ordinance (pursuant to Section 606 of the Municipalities Planning Code[1]).
[1]
Editor's Note: See 53 P.S. § 10606.
(2) 
Be consistent with the statement of purpose articulated for the district in which the use is proposed.
(3) 
Be consistent with the Springfield Township Comprehensive Plan, in particular, the plans for land use, community facilities and utilities.
(4) 
Conform to all requirements of the Subdivision Regulations, Chapter 123, and all other regulations and ordinances.
(5) 
Not adversely affect the health, safety and general welfare of the surrounding area and the Township.
(6) 
Promote the harmonious and orderly development of the zoning district involved.
(7) 
Be compatible with the character and type of development existing in the area which surrounds the site in terms of the size, scale, height and bulk of the proposed uses and the size, shape and placement of buildings and other structures.
(8) 
Not detract from or cause harm to neighboring properties by creating a negative impact on the aesthetic character of the community.
(9) 
Be compatible with the uses permitted in the surrounding area in terms of the density and/or intensity of land use.
(10) 
Reflect effective site planning and design in terms of energy efficiency, environmental protection and aesthetic composition.
(11) 
Be reflective of sound engineering and land development design and construction principles, practices and techniques.
(12) 
Be consistent with the logical, efficient and cost-effective extension of public services and utilities and will not adversely affect the public services and utilities of surrounding properties of the Township as a whole in terms of public water, sewers, police and fire protection and schools.
(13) 
Include proposals for the effective disposal of solid waste.
(14) 
Provide safe and efficient access to roads and will not create traffic congestion, hazardous traffic conditions or excessive traffic volumes.
(15) 
Be developed so as to limit the number of access points along a major public street and to develop frontage of buildings on access roads which are parallel or perpendicular to a major public street.
(16) 
Provide any improvements needed to guarantee compatibility with adjoining roads.
(17) 
Provide continuity of existing circulation systems, including roads, sidewalks, trails and other walkways.
(18) 
Provide adequate off-street parking and loading which will be minimally visible from adjoining public streets.
(19) 
Utilize effective stormwater management techniques and soil erosion and sedimentation control techniques which are in character with and complimentary to the proposed site grading and landscaping.
(20) 
Provide for adequate environmental controls and performance standards to minimize noise, vibration, glare, heat, odor, smoke, dust, fumes, vapors, gases, air emissions, water emissions and outdoor storage.
(21) 
Preserve woodlands and other trees existing at the site to the maximum extent possible.
(22) 
Not be disruptive to existing topography, surface water resources and groundwater resources.
(23) 
Include proposals for effective mitigation of potential adverse environmental impacts through a satisfactory environmental impact assessment report.
(24) 
Provide landscaping to buffer and screen the use from surrounding properties, to compliment buildings and other structures on the site and to enhance the overall character of the development.
(25) 
Include proposed landscaping, in addition to that required as stated above, in areas such as the entrance, along property boundaries, in areas which are highly visible, such as along roads, walks or trails, and in other places where the use of trees, shrubs and ground cover would be functional and appropriate.
(26) 
Provide fencing, walls, berming, terraces, walkways and other site improvement features to compliment the proposed landscaping.
(27) 
Provide effective, subdued and adequately shielded lighting using light posts and fixtures complimentary to the proposed architecture and the character of the surrounding neighborhood and minimize light trespass.
(28) 
Provide effective signage which shall be crafted to be attractive and of the highest graphic quality in keeping with the character of surrounding properties, to be appropriately scaled for the intended viewer, and to maintain the highest level of safety throughout the Township's circulation and transportation systems.
(29) 
Standards applicable to Significant Tobacco Retailers as a conditional use.
[Added 12-10-2024 by Ord. No. 1640]
(a) 
A Significant Tobacco Retailer shall not be located within 1,000 feet of the boundary of any residential zoning district or use, or to the property line of any parcel containing, public, private and parochial schools and day-care centers. This distance shall be measured in a straight line from the closest exterior wall of the building or portion thereof in which the Significant Tobacco Retailer is located to the closest property line of the protected district or use, regardless of the municipality or zoning district in which it is located.
(b) 
A Significant Tobacco Retailer shall not be located within 1,000 feet of the boundary of any outdoor recreation and open space zoning district. This distance shall be measured in a straight line from the closest exterior wall of the building or portion thereof in which the Significant Tobacco Retailer is located to the closest property line of the protected district or use, regardless of the municipality or zoning district in which it is located.
(c) 
A Significant Tobacco Retailer shall be a minimum distance of 1,000 feet from the next nearest Significant Tobacco Retailer, measured along a straight line between the closest walls of each of the two facilities.
(d) 
Significant Tobacco Retailers shall cease operations between the hours of 11:00 p.m. and 10:00 a.m.
(e) 
No Mechanical Amusement Devices shall be permitted within the premises of a Significant Tobacco Retailer.
(f) 
No alcoholic beverages shall be served or consumed within the premises of a Significant Tobacco Retailer.
B. 
The Board of Commissioners and the Zoning Hearing Board may attach such conditions and safeguards, in addition to those already required by this ordinance, as they may deem necessary to implement the purposes of the Municipalities Planning Code[2] and this ordinance and to protect the public welfare, which conditions and safeguards may relate to, but are not limited to, the design of buildings, roads and parking areas, landscaping and its maintenance as a sight or sound screen, lighting, noise, safety and the prevention of noxious, offensive or hazardous conditions.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
C. 
Conditional uses or special exceptions related to the Flood Hazard District, Steep Slope Conservation District or other districts shall also be evaluated in accordance with additional standards and criteria set forth in the provisions for the respective districts.
D. 
Special exceptions shall also be evaluated in accordance with the provisions of Article XX.
E. 
General procedures.
(1) 
The Zoning Hearing Board shall be governed by the provisions of the Pennsylvania Municipalities Planning Code, Act 247, as amended, and Article XX.
(2) 
In the case of an application for conditional use, the Planning Commission shall perform a review and provide counsel to the Board of Commissioners concerning the grant of approval or disapproval of the proposed use. A written report shall be submitted to the Board of Commissioners by the Planning Commission.
(3) 
The Board of Commissioners shall, in the case of an application for conditional use, schedule a hearing for public review and comment.
(4) 
The Planning Commission and Board of Commissioners shall be responsible for providing notification to the applicant, no less than 14 days prior to the occurrence of any hearing at which testimony will be heard and/or action taken upon approval or disapproval, in order that he may present his case at such hearing.
(5) 
Proof of proper notification shall be required as a precondition before any formal action is taken on the application.
(6) 
Notification of the action taken by the Board of Commissioners shall be made in writing to the applicant. In the event of disapproval, it shall be accompanied by a statement of the reasons therefor. In the event of disapproval, the applicant may file a new application for conditional use or subdivision and/or land development for the subject property.
(7) 
In the event of approval, should the applicant fail to obtain the necessary Township approvals and permits within 12 months of notification or, having obtained the necessary approvals and permits, fail to commence work thereunder within six additional months, it shall be conclusively presumed that the applicant has waived, withdrawn or abandoned his application, and all provisions, conditional use(s) and permits granted to him shall be deemed automatically rescinded by the Board of Commissioners.
(8) 
The grant of approval by the Board of Commissioners for a conditional use shall in no way release the applicant from his obligation to comply with the applicable provisions of this ordinance, the Subdivision and Land Development Ordinance and any other applicable Township, state and federal regulations.
All notices, hearings and orders shall be made or shall occur in conformance with the provisions of this ordinance and the Pennsylvania Municipalities Planning Code, Act 247, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.