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]
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.
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.
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:
(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.
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.
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.
