Hampton Township City Zoning Code
ARTICLE XVIII
Administration
§ 310-117 Administration and enforcement.
The Zoning Officer shall meet qualifications established by the Township Council and shall be able to demonstrate to the satisfaction of the Township Council a working knowledge of municipal zoning. He shall be appointed by Township Council and shall not hold any elected office in the municipality.
A.
The Zoning Officer shall administer and enforce this chapter in accordance with its literal terms, and shall not have the power to permit construction or any use or change of use which does not conform to the Zoning Ordinance.
B.
If the Zoning Officer shall find that any provisions of this chapter are being violated, he shall notify the owner of the property upon which such alleged violation is occurring by certified mail, return receipt, with a copy to tenants occupying the property, if any, such notice being deemed adequate even if persons other than the owner are perpetrating the alleged violation.
C.
Communications regarding violations shall indicate the nature of the violation and shall order the action necessary to correct it.
D.
Such communications shall order the discontinuance of illegal uses of land or alterations hereto, as well as any other action necessary to assure compliance with or prevent violation of this chapter, and shall indicate the owner's alternative actions under the terms of this chapter.
E.
Any apparent violation of the Zoning Ordinance observed by the Township of Hampton officials shall initiate the following enforcement proceedings:
(1)
An 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.
(2)
The enforcement notice shall state at least the following:
(a)
The name of the owner of record and any other person against whom the municipality intends to take action.
(b)
The location of the property in violation.
(c)
The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of this chapter.
(d)
The date before which the steps for compliance must be commenced and the date before which the steps must be completed.
(e)
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 procedure set forth in this chapter.
(f)
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.
F.
All questions of interpretations of this chapter shall be first presented to the Zoning Officer and such questions shall be considered by the Zoning Hearing Board only on appeal from the decision of the Zoning Officer.
G.
The Zoning Officer shall keep records of all applications either approved or disapproved, including one copy of each permit issued, shall maintain a journal of his activities and shall submit a report annually to the Township Council.
§ 310-118 Building permits.
A.
A building permit issued by the Zoning Officer and/or Building Inspector shall be required for all new construction, additions or alterations affecting exterior dimensions of existing structures, or any structural changes.
(1)
No building permit shall be issued until the stormwater plan for the property lot has been approved in accordance with Chapter, 266 Stormwater Management, as amended, Article IX or § 310-62 of this chapter, as appropriate. Further, the Township shall not issue the permit until any required floodplain, dam safety or obstructions, or erosion and sedimentation approvals/permits have been received from the Allegheny County Conservation District, the United States Natural Resources Conservation Service (NRCS) and/or the Pennsylvania Department of Environmental Protection (DEP). Copies of the approvals/permits must be filed with the Township. The application shall demonstrate that the construction of the structure for which the permit is applied for satisfactorily complies with all applicable provisions of this chapter and of all other ordinances of the Township and of the county, state and federal statutes or ordinances.
(2)
Building permits will not be required for painting, masonry repainting; roofing and residing; repaving existing residential driveways, patios or courts; replacing windows or doors with no change of dimensions.
B.
Applications for building permits shall be made to the Zoning Officer upon forms supplied by the Township.
C.
Applications shall include the following, if applicable, in duplicate:
(1)
A site plan/survey of the property upon which the proposed construction is to occur, drawn to scale and dimensioned, showing:
(a)
The boundaries of the property, indicating dimensions and total area.
(b)
Public streets abutting the property indicating right-of-way width.
(c)
Stormwater management plan, including inlets, piping, stormwater retaining vessel and discharge system.
(d)
Public utilities in the streets abutting the property and/or in easements running across the property.
(e)
Existing buildings on the property and approximate location of walls of buildings or structure within 50 feet of the property boundaries on adjacent properties.
(f)
The proposed building or structure, indicating height and dimensions between building or structure and all property boundaries.
(g)
The location of proposed parking and loading areas and drives, if applicable, indicating the number of parking spaces.
(h)
The location of proposed signs, if applicable.
(i)
Topographical information for the area to be developed at two-foot contour intervals, showing grade changes proposed and means of collecting and disposing of stormwater.
(j)
For commercial buildings, the seal of approval from the State Department of Labor and Industry, if applicable, or in lieu of such seal, the M.A. number and file number of the project as carried by the Department.
(k)
The name and address of the property owner and the contractor on each sheet on the submitted plans.
(l)
A copy of an approved highway occupancy permit from the state, county or township, as applicable.
(2)
A narrative statement indicating:
(a)
The proposed use of the structure to which the permit applies and the use of other buildings or structures on the property, if any;
(b)
The number of dwelling units, whether for sale or rent, or commercial retail or service units, if applicable, that the building is designed to accommodate;
(c)
If the building or structure is part of a larger complex of buildings or structures to be erected over time on the same property, an indication of location and scheduling of future construction;
(d)
If the building or structure is for commercial, industrial or multifamily residential use, the area of the property to be occupied on the ground by the building or structure;
(e)
A statement giving the developer permission to build if the developer and owner of the land are not the same person or corporation; and
(f)
A statement that the developer has secured a highway occupancy permit if the property is to have access to a state, county or Township-approved roadway.
(3)
The Zoning Officer may, to satisfy requirements of other development ordinances adopted by the Township of Hampton, expand the application form to secure additional information necessary to assure conformance with such other development ordinances. The Township and its Zoning Officer reserve the right to refuse or deny issuance of a building permit in the event that there are outstanding zoning, property maintenance code, or other code or ordinance violations with regard to the subject property, or to condition issuance of same upon an agreement to abatement such conditions, and in his/her discretion requiring owner to post escrow or other security to assure same.
(4)
If the Zoning Officer has reason to doubt the proposed location of new construction relative to adjacent property lines, he may require that the owner have a registered surveyor position stakes on the property line and at building corners to confirm that adequate setback of the building from the property line is maintained.
(5)
If the application is satisfactory, the Zoning Officer shall approve it and return one copy of the application documents together with a signed building permit authorizing the applicant to proceed. The building permit shall be prominently displayed on the site during construction covered by it.
(6)
If the application is not satisfactory, the Zoning Officer shall return one set of the application documents together with a letter indicating the specific reasons why the application cannot be approved and the changes needed to make it acceptable.
D.
The Zoning Officer shall, from time to time and outside of the regularly required inspections, visit the property where on the approved construction is taking place in order to assure himself that the work is proceeding in accordance with the application documents. The Zoning Officer shall not be denied access to the property in order to inspect the construction in progress and may order the work halted pending appeal to the Zoning Hearing Board or corrected to conform to the application documents.
E.
Any change to the building plans for the construction of the building from that shown on previously approved documents shall be submitted to the Zoning Officer and shall be subject to his approval.
F.
A building permit shall become void if construction is not commenced within 90 days of issuance or if construction or not substantially completed within 18 months of issuance. Should work cease for 30 days or more, all construction materials, vehicles, equipment, and signage related to the project shall be removed from the site; the site and any unfinished structures secured; and the site shall be re-seeded as necessary. In such event, the permittee shall notify the Township's Zoning Officer and obtain reauthorization to resume before work may recommence.
G.
Permits may be extended for not more than one year at the option of the Zoning Officer if extenuating circumstances not created by the owner or contractor prevent completion within the required time limit. To continue uncompleted construction without or beyond an extension, the owner shall apply for a permit renewal for which a fee representing the work to be completed shall be collected. Failure to renew or extend a permit and to continue work after the permit or extension has expired shall be violation of this chapter and subject to penalties under Article XX.
H.
Unless granted permission otherwise in writing by the Township Zoning Officer or Township Engineer, all construction activities shall occur on Mondays through Saturdays (with exception of federal and/or state holidays recognized as nonworking holidays by the Township) between the hours of 7:00 a.m. and dusk. Notwithstanding the foregoing, workers shall be permitted at the construction site to prepare their equipment for work prior to or subsequent to the above stated work hours (without operating machinery or equipment).
I.
Each separate freestanding structure shall require a building permit whether for construction or remodeling.
§ 310-119 Occupancy permits.
A.
For new use or expansion of existing uses:
(1)
Upon completion of any building containing more than two dwelling units or any nonresidential building or structure for which a building permit has been issued, the contractor or builder for such building or structure shall apply to the Zoning Officer for an occupancy permit.
(2)
The Zoning Officer shall inspect the premises and, if satisfied that all conditions of the building permit and other requirements have been met, shall issue an occupancy permit certifying that the premises comply with the provisions of this chapter and may be used for the purposes set forth on the building permit.
(3)
If the Zoning Officer, upon inspection, finds the premises to have been developed in violation of any of the conditions of the building permit, he shall order the violations corrected to conform to the building permit and shall not issue an occupancy permit until satisfied the corrections have been made.
B.
For changing existing uses in nonresidential districts:
(1)
If a property owner wishes to change the principal permitted use of any building or structure of the property he owns, to any other similar principal permitted use or to a mixed use of the property or if a property owner wishes to change a mixed use of the building or property he owns to a single principal permitted use, he shall apply to the Zoning Officer for an occupancy permit. Changes for which a revised occupancy permit shall be required include addition of a dwelling unit or units in the structure, introduction of a home occupation, conversion from nonconforming to a conforming or less nonconforming use of conversion to another permitted use. If the new proposed use has parking requirements different than the previous use, the procedures set forth in § 310-63, Subsection C, Change of principal permitted use, shall apply.
(2)
If such change is in conformance with all requirements of this chapter and of other development ordinances of the Township of Hampton, the Zoning Officer shall issue an occupancy permit.
(3)
Applications for occupancy permits for a change of use that are denied by the Zoning Officer may be appealed to the Zoning Hearing Board.
§ 310-120 Reapproval procedures.
From and after the effective date hereof, any submission (zoning application, subdivision plan, plat, site plan, request for conditional use, planned residential development, or other submission) made by a developer of land to the Township for approval, which submission has previously obtained the approval of the Township Council (after having been processed for review to and through the applicable agencies of the Township, such as the Planning Commission, and the Environmental Advisory Council, the Township Engineer and the Township Solicitor, as well as the County Planning Agency), and which development has not been constructed, implemented, or acted upon by the developer or such developer's assignees, and/or which development plans have not been recorded in the Offices of the County Real Estate Department, as required by the Municipalities Planning Act, or which plat, subdivision plan, site plan or such other submission has not been appropriately recorded in any other office as required, may, if the time limits for continuance of the same or completion of the same have expired, be resubmitted directly to the Township Council for action to obtain the necessary reapprovals (without the necessity of resubmitting the same or recording of the same to the Planning Commission, Environmental Advisory Council, the County Planning Agency, or any other applicable agency or require any additional hearings upon the same), provided that such submission or application for reapproval shall be submitted to the Township Engineer for his review and approval shall:
A.
Have been filed within one year from the date that the original submission would or did expire;
B.
The subdivision plan, site plan, or resubmission shall not have changed in any respect, and that all of the lots, sites, structures, easements, and other required data shown on such plan shall remain exactly the same as the original submission;
C.
No amendment has been made to Chapter 280, Subdivision and Land Development, this chapter, or other applicable ordinance of the Township, which would be applicable to the submission or development in question (unless the submission or application shall be protected by the provisions of Section 508 of the Municipalities Planning Act of Pennsylvania, Act 247 of 1968, as amended,[1] or any other section of the Municipalities Planning Act which may be applicable thereto), and the developer or applicant seeking reapproval shall not be in default or shall not have breached any developer's agreement entered into between the developer, or applicant, and the Township;
[1]
Editor's Note: See 53 P.S. § 10508.
D.
No application or submission has been made to the Township of Hampton for a different activity or type of development involving the same land, since the date of the original approval for the land involved; and
E.
The developer or landowner submitting the application for reapproval is able to demonstrate good cause why the approval had not been recorded or acted upon by the developer or landowner within the appropriate time period. The Township Council, may, in its discretion, after having reviewed such submission for reapproval, approve the application or submission and establish a new expiration date within which the reapproved application must be recorded, or acted upon, or the Township Council may deny the application for reapproval, and require the developer or landowner to proceed anew following the entire review process required for an original application.