A.
For the administration of a zoning ordinance, a Zoning
Officer, who shall not hold any elective office in the municipality,
shall be appointed. The Zoning Officer shall meet qualifications established
by the municipality and shall be able to demonstrate to the satisfaction
of the municipality a working knowledge of municipal zoning. The Zoning
Officer shall administer the Zoning Ordinance 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 the Zoning Ordinance.
Zoning Officers may be authorized to institute civil enforcement proceedings
as a means of enforcement when acting within the scope of their employment.
B.
The Zoning Officer may also be considered as the Township
Codes Enforcement Officer. The Zoning Officer may also be considered
as the Building Code Official if certified under the Pennsylvania
Uniform Construction Codes as amended.
[Added 12-2-2004 by Ord. No. 519]
The Zoning Officer shall have the duty and power
to:
A.
Keep a report 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.
B.
Review applications for permits for erections or alterations
of structures or changes of use and determine whether such construction
or use is in accordance with the general requirements of this chapter
and all other applicable ordinances of the Township and with the laws
and regulations of the Commonwealth of Pennsylvania. The Zoning Officer
shall issue no permit unless it conforms with all applicable ordinances,
statutes and regulations of Lower Providence Township.
C.
Conduct inspections and surveys to determine compliance
or noncompliance with the terms of this chapter. In carrying out such
surveys, the Zoning Officer or his or her representatives may enter
upon any land or building within the Township within the limits of
law regarding trespass and illegal search.
D.
Make written orders requiring compliance with the
provisions of this chapter to be served personally or by registered
mail.
E.
Institute civil enforcement proceedings for the enforcement
of provisions of this chapter, when acting within the scope of his
or her employment.
F.
Maintain a map showing the current zoning classification
of all land within the Township.
G.
Maintain a map and register showing the registration,
identity, location and type of all nonconforming uses within the Township.
H.
Participate in all proceedings before the Zoning Hearing
Board and present facts and information to assist the Board in reaching
decisions which shall be compatible with this chapter.
[Amended 12-2-2004 by Ord. No. 519]
B.
Appeal and application procedure. An application for
special exception or for a variance from the terms of this chapter,
or an appeal from a decision of the Zoning Officer may be filed with
the Zoning Officer and shall state:
(1)
The name and address of the applicant.
(2)
The name and address of the owner of the real estate
to be affected by the proposed special exception or variance.
(3)
A brief description and location of the real estate
to be affected by such proposed change.
(4)
A statement of the present zoning classification of
the real estate in question, the improvements thereon and the present
use thereof.
(5)
A statement of the section of this chapter from which
the variance is required, or special exception may be allowed, and
the reasons why it should be granted.
(6)
A reasonably accurate description of the present improvements
and the additional improvements intended to be made under the application,
indicating the size of the lot and size of improvements now erected
and those proposed to be erected thereon.
C.
An appeal for building, plumbing, electrical and mechanical
permits shall be taken within the limits and according to the procedures
and regulations described in the Pennsylvania Uniform Construction
Code as amended.
[Amended 12-2-2004 by Ord. No. 519]
A.
Types of permits. The following types of permits are
required for the following situations under this chapter:
(1)
Zoning permit. A zoning permit indicates that a zoning
application complies with this chapter to the best knowledge of the
Lower Providence Township (Township) Zoning Officer. No person shall
perform construction operations of any kind unless a zoning permit
is conspicuously displayed on the premises. A zoning permit is required
to be issued by the Township Zoning Officer prior to the start of
any of the following activities:
(a)
Erection, construction, movement, placement or expansion of a structure, building or sign. [See subsection (e) below about how building and zoning permits may relate].
(b)
Change of the type of use or expansion of the
use of a structure or area of land.
(c)
Creation of a new use.
(d)
Demolition of a structure.
(e)
Placement of an underground bulk fuel storage
tank.
(f)
Development or grading within the one-hundred-year
floodplain as stated in the Township Floodplain Ordinance.
(2)
Building permit. A building permit is required by
Lower Providence Township to authorize construction. The Lower Providence
Township (Township) Building Code Official (BCO) or the Zoning Officer
who is certified as a BCO shall grant or deny a permit application,
in whole or in part, within 30 business days of the filing of the
complete application date for nonresidential structures and 15 days
for residential structures. Reasons for the denial shall be in writing
and sent to the applicant. The Township BCO may establish a different
deadline to consider applications for a permit in a historic district.
The Township BCO and the applicant may agree in writing to extend
the deadline by a specific number of days. A Township BCO shall examine,
or delegate for examination, the construction documents and shall
determine whether the construction indicated and described is in accordance
with the Township Building Code and other pertinent laws or ordinances
as part of the application process. The Township BCO or his authorized
representative shall stamp or place a notation on the set of reviewed
construction documents that the documents were reviewed and approved
for Pennsylvania Uniform Construction Code compliance before the permit
is issued. The Township BCO or authorized representative shall clearly
mark any required changes on the construction documents. The BCO shall
return a set of the construction documents with this notation and
any required changes to the applicant. The applicant shall keep a
copy of the construction documents at the work site at all times,
which shall be open to inspection by the Construction Code Official
or his authorized representative. Issuance of the building permit
indicates that the work complies with Township ordinances and Township
Building Code, as amended, to the best knowledge of the applicable
Township staff. No person shall perform construction operations of
any kind unless a building permit is conspicuously displayed on the
premises. An applicant is required to obtain a building permit prior
to starting any of the following activities:
(a)
Erection, alteration, construction, reconstruction,
movement, placement or extension of a structure or wall or freestanding
sign.
(b)
Placement of an underground bulk fuel storage
tank.
(c)
Development or grading within the one-hundred-year
floodplain as stated in the Township Floodplain Ordinance.
(d)
Such other activities specified as needing a
building permit by any other applicable Township ordinance. Carports,
detached private garages, greenhouses, sheds and any other miscellaneous
accessory structure less than 1,000 square feet may be exempt from
structural inspection by the Township as required the Township Building
Code or the Pennsylvania Uniform Construction Code regulations if
these structures are accessory to detached single-family dwellings
and agricultural buildings as defined under Pennsylvania Uniform Construction
Code and Township Building Code, but shall always be required to have
secured a Township zoning permit for placement of the structure on
the applicants property.
(e)
A separate Township mechanical, electrical or
plumbing permit and/or inspection(s) shall be required for all construction
under this building permit and as required by the Township Building
Codes.
(3)
Use and occupancy permit (also known as "certificate
of occupancy" or "occupancy permit"). A use and occupancy permit is
required upon completion of the construction or expansion of a principal
building or structure, construction and installation of a swimming
pool, creation of a new use or change in use of a structure or land.
An as-built elevation and individual lot grading and stormwater plan
must be submitted by the permittee or property owner to the Lower
Providence Township Engineer for final compliance review to the approved
subdivision or land development plan prior to the issuance of the
use and occupancy permit. This plan must be drawn to a scale of not
smaller than one inch equals 40 feet with all as-built features. The
plan as a minimum, shall indicate the following:
[Amended 9-21-2006 by Ord. No. 556]
(a)
Actual building envelope of the structure with
dimensions.
(b)
Actual dimensions from property lines (front,
side and rear) to the structure.
(c)
Front and rear entry, accessory structures,
porches and/or decks.
(d)
Driveway location, dimensions and slopes.
(e)
Finish floor elevation of the garage and first
floor of the building.
(f)
Property lines, building setback lines and street
locations showing curbs, sidewalks, driveway aprons, etc.
(g)
Grades for the entire site, including spot elevations
at the outside corners of each building, as well as a grading plan
at one-foot contour intervals indicating contour lines.
(h)
Direction and percent of slope and center line
of drainage channels, diversion terraces, top of grate and invert
elevations of stormwater facilities.
(i)
The location of any retaining walls, tree wells,
wingwalls or berms.
(j)
The location of individual trees or woodland
masses and other natural features or man-made features such as streams,
roads or walkways.
(k)
The location of street trees or site landscaping
per the Codes of the Township.
(l)
The plot plan shall show the lot area, the area
of dwellings and structures, the area of driveways and parking areas,
the area of other impervious coverage, the percent of building coverage,
and the percent of impervious coverage.
(m)
The plan shall be prepared by a registered professional
surveyor of the Commonwealth of Pennsylvania who shall certify that
all information is true and correct. This permit indicates, to the
best knowledge of the Township Zoning Officer and BCO, that the premises
complies with the provisions of all Township ordinances and the Township
Building Code, as amended.
(4)
Certification of compliance permit. This permit shall be required whenever there is a proposed change of ownership of any residential building or part thereof and change of ownership or tenancy of any commercial, industrial or institutional structure or building dated not earlier than three months prior to the change of ownership as defined under § 123-70 of the Code of Lower Providence Township. The Township Zoning Officer or designee shall issue this permit.
(5)
Driveway and roadway occupancy permit. A Township
driveway and roadway occupancy permit is required for any new construction
within a right-of-way of a Township-owned street or a new driveway
which connects to a Township-owned street or right-of-way. See Penn
DOT requirements to determine if a highway occupancy permit is needed
for work within the right-of-way of a state-owned street. The Township
Public Works Director shall issue this permit and may require this
permit to be reviewed by the Township Engineer.
B.
Format of permits and permit applications. All applications
for Township permits shall be submitted to the designated Township
employee. The Zoning Officer or Township BCO shall have the option,
as an administrative matter, to determine the design, format and requirements
of each type of permit and application.
C.
Permit application and fees, site plan and construction
documents.
(1)
Any request for a permit under this chapter shall
be made in writing on a permit application form provided by the Township.
Such completed application, with any required fees, shall be submitted
to a Township employee responsible for processing such a permit. An
application shall not be fully accepted until all fees are paid to
the Township. The applicant is responsible to ensure that such an
application is stamped by the responsible Township employee with the
date of the official receipt.
(2)
The Board of Supervisors has established by resolution
a schedule of fees and a collection procedure relating to all applications
filed pertaining to this chapter. No application shall be considered
filed and accepted until all fees are paid. This fee schedule may
be based upon the type of application and the breath of the proposed
development, including acreage, numbers of lots and square footage
of the structure or lot, type of use, etc., to most accurately reflect
the Township's actual costs.
(3)
If the Zoning Office and/or the Township BCO determines
that site plan is necessary for determination of whether the building,
grading or zoning permit application complies with this chapter,
the applicant must provide two copies of an elevation and individual
lot grading and stormwater plan to the Lower Providence Township Engineer
for compliance review to the approved subdivision or land development
plan prior to the issuance of the building permit. This section
shall apply to all new single-family dwellings, any land development
or proposed grading over 2,000 square feet. This plan must be drawn
to a scale of not smaller than one inch equals 40 feet. The plan,
as a minimum, shall indicate the following:
[Amended 9-21-2006 by Ord. No. 556]
(a)
Actual building envelope of the structure with
dimensions and the type of use proposed.
(b)
Actual dimensions from property lines (front,
side and rear) to the structure.
(c)
Front and rear entry, accessory structures,
porches and/or decks.
(d)
Driveway location, dimensions and slopes.
(e)
Finish floor elevation of the garage and first
floor of the building.
(f)
Property lines, building setback lines and street
locations showing curbs, sidewalks, driveway aprons, etc.
(g)
Grades for the entire site, including spot elevations
at the outside corners of each building, as well as a grading plan
at one-foot contour intervals indicating contour lines.
(h)
Direction and percent of slope and center line
of drainage channels, diversion terraces, top of grate and invert
elevations of stormwater facilities.
(i)
The location of any retaining walls, tree wells,
wingwalls or berms.
(j)
The location of individual trees or woodland
masses and other natural features or man-made features such as streams,
roads or walkways.
(k)
The location of street trees or site landscaping
per the Codes of the Township.
(l)
The plot plan shall show the lot area, the area
of dwellings and structures, the area of driveways and parking areas,
the area of other impervious coverage, the percent of building coverage,
and the percent of impervious coverage.
(m)
The plan shall be prepared by a registered professional
surveyor of the Commonwealth of Pennsylvania who shall certify that
all information is true and correct. This permit indicates, to the
best knowledge of the Township Zoning Officer and BCO, that the premises
complies with the provisions of all Township ordinances and the Township
Building Code, as amended.
D.
Other laws. The Zoning Officer may withhold issuance
of a permit under this chapter if there is clear knowledge by him
or her that such a proposed use or building of a structure would violate
another Township, state or federal law or regulation.
E.
Ownership. No person other than a property owner or
his specifically authorized agent, tenant or lessee with written permission
of the landowner shall submit a permit application.
F.
Issuance of permit. At least three copies of the permit
under this chapter shall be made. At least one copy of any permit
required under this chapter shall be posted and/or kept conspicuously
on the premises during construction. Any commercial use and occupancy
permit shall be conspicuously displayed on the premises during all
times of operation. After the issuance of a permit under this chapter
by the Zoning Officer, no changes of any kind shall be made to a zoning
application without the written consent of the Zoning Officer and/or
the Zoning Hearing Board, as applicable.
G.
Revocation of permits; appeal of permit or approval.
The Zoning Officer shall revoke, withhold or suspend a permit or approval
issued under the provisions of the Zoning Ordinance in case of one
or more of the following:
(1)
Any false statement or misrepresentation of fact in
the application or on the plans on which the permit or approval was
based. (Note: The Pennsylvania Criminal Code provides for penalties
for providing false information to a municipal employee in the carrying
out of his/her duties.);
(2)
Upon violation of any condition lawfully imposed by
the Zoning Hearing Board upon a special exception use or variance
or by the Board of Supervisors upon a conditional use;
(3)
Any work being accomplished or use of land or structures
in such a way that does not comply with this chapter or an approved
site plan or approved permit application;
(4)
For any other just cause set forth in this chapter;
and/or
(5)
For violation of any applicable Township Building
Code, Township Floodplain Ordinance or Subdivision and Land Development
Ordinance.
H.
The work authorized by the building and zoning permits
shall begin within 180 days of issuance of the permit. Construction
of a building shall be completed within 12 months after the beginning
of construction of such building. Upon written request to the Zoning
Officer, this may be extended another six months by the Zoning Officer
upon just cause. If an applicant fails to obtain the necessary permits
or begins construction within the above time periods, or allows interruptions
in substantial construction of longer than 45 days (or up to 180 days
upon approval of a written request for extension by the Zoning Officer
upon just cause), the Zoning Officer may conclusively presume that
the applicant has waived, withdrawn or abandoned approvals and permits
under this chapter and may consider all such approvals and permits
to have become null and void. The permittee must then reapply for
a new permit and pay all fees at the current fee schedule at the time
of application as required by Lower Providence Township.
