Marple Township City Zoning Code
ARTICLE XVI
Administration
§ 300-125 Enforcement.
The provisions of this chapter shall be enforced by a Code Enforcement Officer assisted by the Township of Marple Police Department and other municipal agencies.
§ 300-126 Code Enforcement Officer's duties and powers.
The Code Enforcement Officer shall have the duty and the power to:
A.
Keep a permanent record 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 and shall be the property of the Township.
B.
Review applications for zoning permits for construction or alterations of structures or changes of use; determine whether such construction or use is in accordance with the general requirements of this chapter, all other applicable ordinances and with the laws and regulations of the commonwealth.
C.
Conduct inspections and surveys to determine compliance or noncompliance with the terms of this chapter. In carrying out such surveys, the Code Enforcement Officer or his representative may enter upon any land or buildings except that if a building is occupied he must obtain a warrant prior to entering upon the building or property.
D.
Make written orders requiring compliance with the provisions of this chapter to be served personally or by registered mail.
E.
Institute proceedings in courts of proper jurisdiction for the enforcement of the provisions of this chapter.
F.
Maintain a map showing the current zoning classification of all land.
G.
Maintain a map and register showing the registration, identity, location and type of all nonconforming uses.
H.
Maintain a map showing ultimate rights-of-way for streets.
I.
Participate in all proceedings before the Zoning Hearing Board, present facts and information to assist the Board in reaching a decision, resist and oppose any deviations from the standard provisions of this chapter and have the decisions of the Board reviewed in a court of property jurisdiction when, in the judgment of the Code Enforcement Officer, such review is desirable.
§ 300-127 Issuance of permits.
[Amended 9-13-2004 by Ord. No. 2004-10]
The Code Enforcement Officer shall have authority to issue zoning permits only for construction and uses that are in accordance with the general requirements of this chapter. Zoning permits for construction and uses that are a special exception to such general requirements shall be issued by the Code Enforcement Officer only upon order of the Zoning Hearing Board and permits for uses that are conditional uses shall be issued only upon order of the Board of Commissioners. The Code Enforcement Officer shall issue no permits for the construction or use of any land or building unless the construction or use also conforms to the requirements of all other ordinances of the Township of Marple and with the laws of the commonwealth. A zoning permit shall be granted or denied within 30 days after the written application has been filed with the Code Enforcement Officer and the required fee paid.
§ 300-128 Permits.
[Amended 9-13-2004 by Ord. No. 2004-10]
A.
A zoning permit shall be required prior to the construction or alteration of a building and prior to the use or change in use of a building or land; prior to the change or extension of a nonconforming use; and for the following structures if the structure has a building area of less than 500 square feet and is accessory to a detached one-family dwelling:
B.
A zoning permit shall be required for an agricultural building, as defined by the Pennsylvania Construction Code Act of 1999, No. 45.
C.
A zoning permit shall be required for manufactured or industrialized housing certified by the manufacturer to conform to applicable federal and state construction and safety standards, as identified in Section 901 of the Pennsylvania Construction Code Act of 1999, No. 45.
D.
Applications for permits shall be made, in writing, to the Code Enforcement Officer on such forms as may be furnished by the Township. Such application shall contain all information necessary for the Code Enforcement Officer to ascertain whether the proposed erection, alteration, use or change in use complies with the provisions of this chapter.
§ 300-129 Application for permits.
All applications for zoning permits shall be made in writing by an owner, tenant or authorized agent and shall be filed with the Code Enforcement Officer. The application shall:
A.
Include a statement as to the proposed use of the building.
B.
Be accompanied by plans drawn to scale, showing the location of the building in relation to property and street lines.
C.
Include a statement that the ultimate right-of-way lines of all streets shown on the plan have been located and staked on the premises by a surveyor or other person competent to give such location.
D.
Give the name and address of the person who has so located and staked the street ultimate right-of-way lines.
E.
To provide documents and information as may be necessary to enable the Code Enforcement Officer to ascertain compliance with this chapter and all other pertinent ordinances, codes and regulations.
[Added 9-13-2004 by Ord. No. 2004-10]
§ 300-130 special exceptions or variances.
An appeal or an application for a special exception or variance from the terms of this chapter may be made in accordance with Article XVII. Such an appeal or application shall be filed with the Code Enforcement Officer and shall set forth the following facts:
A.
Name and address of the applicant.
B.
Name and address of the owner of the real estate to be affected by the proposed special exception or variance.
C.
A brief description and location of the real estate in question.
D.
Present zoning classification of the real estate in question, the improvements thereon and its present use.
E.
Article and section of this chapter under which the special exception may be allowed and reasons for which it should be granted.
F.
A reasonably accurate description of the improvements and the additions intended to be made under this application, indicating the size of such proposed improvements, material and general construction thereof and attached thereto shall be a plat plan of the real estate to be affected, indicating the location and size of the lot and the size of the improvement now erected and proposed to be erected thereon.
§ 300-131 Conditional uses.
An application for a conditional use as authorized under the terms of this chapter may be made to the Board of Commissioners. Such an application shall be filed with the Code Enforcement Officer and shall set forth the reasons for the conditional use request. The application shall include the following documentation:
A.
Name and address of the applicant.
B.
Name and address of the owner of the real estate to be affected by the proposed conditional use.
C.
A brief description and location of the real estate in question.
D.
Present zoning classification of the real estate in question, the improvements thereon and its present use.
E.
Article and section of this chapter under which the conditional use may be allowed and reasons for which it should be granted.
F.
A reasonably accurate description of the improvements and the additions intended to be made under this application, indicating the size of such proposed improvements, material and general construction thereof and attached thereto shall be a plat plan of the real estate to be affected, indicating the location and size of the lot and the size of the improvement now erected and proposed to be erected thereon.
§ 300-132 Planning Commission review.
At least 30 days before the date of the public hearing required by law for an application for a conditional use to be heard before the Board of Commissioners, the Township Secretary shall transmit to the Planning Commission a copy of the notice of hearing and other information as may have been furnished by the applicant or the Code Enforcement Officer. The Planning Commission may submit an advisory opinion that shall be considered by the Board, provided that the opinion is received on or before the date of the public hearing of the Board of Commissioners.
§ 300-133 Board of Commissioners actions on conditional use applications.
The Board of Commissioners shall hold a public hearing upon a conditional use request and shall give public notice as defined herein. The public hearing shall be held within 60 days after the date the request is filed, unless the applicant requests or consents in writing to an extension of time. In allowing a conditional use, the Board of Commissioners may attach reasonable conditions and safeguards as may be deemed necessary to implement the purposes of this chapter and ensure the protection of adjacent uses from adverse impacts that may be determined from credible testimony. In particular, the Board of Commissioners shall apply the criteria and standards of Article XVII, § 300-136G and H.
§ 300-134 Fees.
The applicant for a permit, special exception or variance or conditional use shall at the time of making the application pay to the Code Enforcement Officer a fee in accordance with a fee schedule adopted by resolution of the Board of Commissioners as shall be determined from time to time by the Board of Commissioners.