[Ord. 2007-03, 5/2/2007, § 1101]
1.
The Township Board of Supervisors shall appoint a Zoning Officer
who shall meet the requirements of § 614 of the Pennsylvania
Municipalities Planning Code. The Zoning Officer shall administer
and enforce 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 which does not conform to this chapter. The duties of
the Zoning Officer shall be as follows:
A.
To examine, record and file all applications for zoning permits,
with any accompanying plans and documents, and to issue such permits
only for lots, uses and structures which are in conformity with the
provisions of this chapter.
B.
To receive applications for certificates of nonconforming uses, investigate
and issue or deny certificates of nonconforming uses.
C.
To post a schedule of fees in his office.
D.
To receive, investigate and process all complaints and to notify
persons of any violations of provisions of this chapter.
E.
To conduct inspections of property for which zoning permits have
been issued to ascertain if the construction or use is in conformity
with the provisions of the permit.
F.
Upon request of the Board of Supervisors or the Planning Commission,
to present to such body facts, records and any similar information
required to assist such body in its deliberations.
G.
To be responsible for keeping current copies of this chapter and
the Official Zoning Map for distribution to the public.
H.
To present to the Zoning Hearing Board, in each case before the Zoning
Hearing Board, all relevant facts and arguments to support the Township's
position, interpretation and procedures in the application of the
provisions of this chapter.
I.
To institute civil enforcement proceedings as a means of enforcement
when acting within the scope of the Zoning Officer's employment.
J.
To perform other duties in the administration and enforcement of
this chapter as may be directed or as required by this chapter or
the Pennsylvania Municipalities Planning Code.
[Ord. 2007-03, 5/2/2007, § 1102]
1.
Fees. The Board of Supervisors shall establish a schedule of fees
and a collection procedure for all zoning matters provided for by
this chapter or the Pennsylvania Municipalities Planning Code. Said
schedule of fees shall be established by resolution of the Board of
Supervisors and may be amended by resolution, from time to time.
2.
The schedule of fees shall be posted in the office of the Zoning
Officer.
3.
All such fees shall be payable to the Township.
4.
No request for a zoning permit or any other application provided
for in this chapter or the Pennsylvania Municipalities Planning Code
shall be considered complete nor considered filed until all fees have
been paid in full.
5.
No application or appeal shall be considered filed until the appropriate
filing fee shall have been paid in full.
[Ord. 2007-03, 5/2/2007, § 1103]
1.
A zoning permit shall be required prior to the erection, extension
or alteration of any structure or portion thereof, and prior to the
use or change in use of a structure or land. No such zoning permit
shall be required for normal maintenance activities and minor repairs
which do not constitute an erection, extension or alteration as herein
defined. No permit shall be granted by the Zoning Officer for any
purpose except in compliance with the provisions of this chapter or,
upon appeal, in compliance with a decision of the Zoning Hearing Board
or the courts.
2.
Application for Zoning Permit. To apply for a zoning permit the applicant
shall submit an application for a zoning permit to the Zoning Officer
along with all required fees. When required by this chapter, site
plans and other information shall accompany the application.
3.
Review of Application. All applications for zoning permits shall
be granted or denied by the Zoning Officer within 30 days from the
date of receipt of the application and fees for such. Whenever a site
plan is required as a part of the application process, the application
shall be granted or denied by the Zoning Officer within 60 days from
the date of receipt of the site plan and fees for such. The Zoning
Officer shall notify the applicant in writing of all action taken
on the application for a zoning permit within said period. If the
application is denied, such notification shall specify the provisions
of this chapter with which such application does not comply. If for
any reason the Zoning Officer fails to notify the applicant of all
action taken the application shall be deemed to be approved as submitted.
4.
Permit Expiration. A zoning permit shall be valid for a period of
12 months from the day of issuance, or until a certificate of occupancy
is issued, whichever is first. A permit may be extended by the Zoning
Officer upon proper application and payment of fees for a period not
to exceed six months.
[Ord. 2007-03, 5/2/2007, § 1104]
1.
Submission and Content of the Site Plan. Three copies of the site
plan shall be submitted to the Zoning Officer along with the application
for a zoning permit. The site plan shall be drawn to a scale of one
inch equals 50 feet or larger and contain the following written and
graphic information unless an item is waived by the Zoning Officer
because such is unnecessary to determine conformance with this chapter.
A.
The name of the proposed development and the name and address of
the owner of the property and the individual or firm preparing the
site plan.
B.
Date of the application for a zoning permit.
C.
Graphic scale.
D.
North point.
E.
Key map at a scale of one inch equals 800 feet showing streets and
roads, buildings and motor vehicle access within 500 feet from the
exterior boundary of the lot.
F.
Total size of the property, and each lot and/or area to be leased.
G.
The proposed use of the property.
H.
Topographic contour lines drawn at vertical intervals of five feet,
including elevation of each ten-foot interval, both before and after
the proposed construction.
I.
The total tract boundary with distances marked to at least the nearest
foot.
J.
Location of the front, side and rear yard setback area as required
by the applicable zoning district.
K.
All existing and proposed structures, showing location and a statement
of the ground floor area, any retail and service floor area, height
and elevation of each.
L.
All streams, springs, sink holes, floodplain boundaries and slopes
of 25% or more.
M.
All existing and proposed street rights-of-way and cartways, including
those abutting the property.
N.
All existing and proposed points of motor vehicle access to the property.
O.
All existing and proposed parking and loading spaces, parking lots
and a statement of the surfacing material to be used.
P.
The location of all outdoor lighting fixtures.
Q.
The location and common name of existing and proposed vegetation
to be used for landscaping.
R.
The location of all buffer yards required by this chapter.
S.
A space labeled "approved by" for the signature of the Zoning Officer
and a space for the date of such approval.
2.
Review Procedure. All applications for a zoning permit which include a site plan as herein required shall be reviewed in the same manner as stipulated in § 27-1103, above, except that (A) upon receipt of the application, the Zoning Officer shall forward one copy of the site plan to a member of the Spring Township Planning Commission for review and comment; and, (B) upon approval of the application along with the requested zoning permit and retain the other copy for his files.
[Ord. 2007-03, 5/2/2007, § 1105]
1.
Upon completion of the erection, extension or alteration of a structure,
or upon fulfilling the requirements of a change in use for which a
zoning permit was issued, the applicant shall apply for a certificate
of occupancy. The structure or the use for which the zoning permit
was issued may not be occupied or otherwise used until a certificate
of occupancy has been issued by the Zoning Officer.
A.
Within 15 days of an application for a certificate of occupancy,
the Zoning Officer or his designated agent shall inspect the premises
and determine if the action taken complies with the regulations of
this chapter. If it does, a certificate of occupancy shall be issued
within the fifteen-day time limitation.
B.
If the action fails to comply with the regulations of this chapter,
the Zoning Officer shall notify the applicant, in writing, of the
denial of a certificate of occupancy and shall state the provisions
of this chapter with which the action does not comply. The applicant
may correct the defects cited in the denial of the Zoning Officer
for a certificate of occupancy. If, upon notification by the applicant
and inspection of the premises, the Zoning Officer finds that the
defects have been corrected and that no additional defects have been
created, a certificate of occupancy shall be issued within two working
days.
C.
Failure of the Zoning Officer to properly grant or deny an occupancy
permit in the manner and time period stipulated above shall constitute
an approval of the application for a certificate of occupancy, and
the premises may be occupied or otherwise used as stipulated in the
zoning permit.
D.
Temporary Certificate of Occupancy. A temporary certificate of occupancy
may be issued in the manner prescribed above, pending (1) the completion
of a structure or the fulfillment of requirements for a change in
use to allow for partial occupancy; and, (2) the posting of a bond
or certified check in an amount equal to the Zoning Officer's estimate
of work remaining to be completed for a permanent certificate. The
certificate shall be valid only until such time as the action for
which the zoning permit was issued is complete, or for a period of
six months after issuance, whichever is less.
E.
Upon expiration of the temporary certificate of occupancy, the applicant
shall apply for a permanent certificate of occupancy or, if the action
remains incomplete, may apply for one additional temporary certificate
of occupancy. If the action remains incomplete after all additional
temporary certificates have expired, the Zoning Officer shall use
the proceeds of the bond or certified check to complete the necessary
work. Any costs incurred by the Township over and above the amount
of the bond or certified check shall be paid by the zoning permit
holder prior to occupying the structure or otherwise using the land.
[Ord. 2007-03, 5/2/2007, § 1106]
1.
Failure to comply with any provisions of this chapter shall be a
violation of this chapter.
A.
Complaints Regarding Violations. Whenever a violation of this chapter
occurs, or is alleged to have occurred, any person may file a complaint
to the Zoning Officer stating fully the cause and basis thereof. The
Zoning Officer shall record such complaint, investigate and take action
thereon as provided by this chapter.
B.
Notice of Violation. If the Zoning Officer shall find that any provision
of this chapter has been violated, he shall initiate enforcement proceedings
by sending an enforcement notice as provided for by § 616.1
of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10616.1.
C.
Penalties. Penalties and remedies for violations of this chapter
are stipulated in §§ 617 and 617.02 of Article VI of
the Pennsylvania Municipalities Planning Code, as amended, 53 P.S.
§§ 10617 and 10617.2.
[Ord. 2007-03, 5/2/2007, § 1107]
Any appeal from a decision or action of the Spring Township
Supervisors or of any office or agency of the Township in matters
pertaining to this chapter shall be made in accordance with the Pennsylvania
Municipalities Planning Code, as amended.
[Ord. 2007-03, 5/2/2007, § 1108]
The regulations, restrictions and district boundaries set forth
in this chapter may, from time to time, be amended through action
of the Spring Township Supervisors in the manner provided by the Pennsylvania
Municipalities Planning Code, as amended.
