The Township of Springfield shall appoint the Zoning Officer who shall administer and enforce the provisions of this chapter, and shall do so in accordance with the provisions of this chapter and of the Pennsylvania Municipalities Planning Code. The Zoning Officer shall also have the duties as set forth by this Article X of this chapter. The Zoning Officer shall not hold any elective office in the Township.
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 which does not conform to
this chapter. The Officer shall be considered as qualified to perform
his/her duties by meeting the qualifications established by the Township.
In addition, the Zoning Officer's duties, obligations and responsibilities
include the following:
A.Â
Application for zoning permits. The Zoning Officer shall receive
applications for zoning permits and/or certificates. A zoning permit
is an application filed prior to the start of construction/development
by a developer to describe the proposed activity in sufficient detail
to determine whether or not it meets the requirements of this chapter
and other applicable Township ordinances. Applications conforming
to such ordinances shall be approved; those not conforming to such
ordinances shall be denied.
B.Â
Inspections. The Zoning Officer or a duly appointed assistant may
examine, or cause to be examined, all structures and/or land for which
an application for a zoning permit or a zoning certificate has been
requested. Such inspections may be before, during and after any construction
and shall be made upon the termination of construction and prior to
the issuance of a certificate of occupancy.
C.Â
Permits, applications, appeals and certificates. The Zoning Officer
shall issue or deny such permits or certificates as required by this
chapter where no other body is involved; shall receive all applications
for conditional uses, special exceptions and variances and forward
same to the appropriate body. Where a decision is made by another
body, the Zoning Officer shall issue or deny the permit as ordered
by the applicable board.
D.Â
Enforcement. The Zoning Officer is authorized to institute civil
enforcement proceedings as a means of enforcing this chapter and to
revoke or refuse permits as authorized.
A.Â
Zoning permits. An application for a zoning permit will be to show
compliance with this chapter and other appropriate Township ordinances.
Applications shall contain information relative to the proposed construction
and/or use in sufficient detail to inform the Zoning Officer of the
scope and extent of the proposed development. The exact details required,
including sketches, plat plans as well as the number of copies, time
limits and fees for such applications shall be determined by the Township.
Permits shall be valid for a period of 12 months from the date of
issuance unless construction is initiated.
B.Â
Zoning certificate. The zoning certificate shall be issued upon request
to confirm that the use of land or a building within the Township
is in compliance with this chapter. Zoning certificates shall also
be required for a change of use of a structure or land to a different
use and changes to a nonconforming use or structure. The exact form
of the certificate and fees charged shall be determined by the Township.
Certificates shall be valid for a period of 12 months from the date
of issuance unless construction or conversion of use is initiated.
C.Â
Sign permit. A sign permit shall be required prior to the erection or alteration of any sign, except those signs specifically exempted from this requirement in § 425-62 of this chapter.
(1)Â
Application for a sign permit shall be made, in writing, to the Zoning Officer, and shall contain all information necessary for such Officer to determine whether the proposed sign, or the proposed alterations, conform to all the requirements of § 425-62C of this chapter.
(2)Â
No sign permit shall be issued except in conformity with the
regulations of this chapter, except after written order from the Zoning
Hearing Board or the courts.
A.Â
Enforcement notice. When it appears to the Township and/or the Zoning
Officer that a violation has occurred, the Zoning Officer shall send
an enforcement notice. 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 the parcel, and to any other person requested, in
writing, by the owner of record. The enforcement notice shall state
the following:
(1)Â
The name of the owner of record and any other person against
whom the Township intends to take action.
(2)Â
The location of the property in violation.
(3)Â
The specific violation with a description of the requirements
which have not been met, citing in each instance the applicable provisions
of this chapter.
(4)Â
The date before which the steps for compliance must be commenced
and the date before which the steps must be completed.
(5)Â
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 chapter.
(6)Â
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.
B.Â
Causes of action. 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,
and any amendment thereto or prior enabling laws, the Township, the
Zoning 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 Supervisors of
Springfield Township. No such action may be maintained until such
notice has been given.
C.Â
Jurisdiction. Magisterial District Judges shall have initial jurisdiction over proceedings brought under § 425-103D.
D.Â
Enforcement remedies. Any person, partnership or corporation who
or which has violated or permitted the violation of the provisions
of this chapter and any amendment thereto or any prior enabling laws
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 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 continues shall constitute
a separate violation by the Magisterial District Judge and thereafter
each day that a violation continues shall constitute a separate violation.
All judgments, costs and reasonable attorney fees collected for the
violation of zoning ordinances shall be paid over to the Township.
Nothing contained in this section shall be construed or interpreted
to grant any person or entity other than the Township and its Zoning
Officer the right to commence any action for enforcement pursuant
to this section.