Shaler Township City Zoning Code
ARTICLE XII
Applications for Permits
§ 225-169 Building permits.
A.
Requirements for permits. No building or other structure shall be erected, moved, extended, structurally altered or demolished without a building permit therefor having been issued by the Building Inspector or a building code official.
B.
Effect of application. Every application for a building permit shall be deemed to be an application for a zoning certificate and occupancy permit.
C.
Form and content of applications. All applications for building permits shall be made on forms furnished by the Zoning Officer or a building code official and shall be completed in full with accurate information and submitted in duplicate, with a plot plan prepared and sealed by a land surveyor or architect registered to do business in the Commonwealth of Pennsylvania. Each plot plan shall show the following information and data with a narrative statement and detail building plans attached:
(1)
Owner's name.
(2)
Bearings and distances along all property lines.
(3)
Public streets abutting property with right-of-way width.
(4)
Area of property.
(5)
Lot and block number.
(6)
Lot number, plan name and where the plan is recorded if property is in a recorded plan.
(7)
All existing dwellings, buildings and accessory structures, indicating descriptions and height of each, with floor and basement elevations.
(8)
All proposed dwellings, buildings and accessory structures, indicating dimensions, descriptions and height of each, with proposed floor and basement elevations.
(9)
Front yard, side yard and rear yard dimensions.
(10)
Off-street parking and loading areas and driveways indicating the dimensions and number of parking spaces as required by this chapter.
(11)
Location of signs, with size and details.
(12)
Location and size of all existing utilities abutting or crossing property.
(13)
Topography with two-foot contours and/or elevations, showing existing and finished grades, except property used for the construction of a single-family or two-family dwelling requiring no greater than five feet of fill or cut.
(14)
Stormwater management facilities to collect and control surface water runoff from property, with calculations of predevelopment and post-development surface water runoff and the method of detaining increased runoff, except in cases in which an exemption or exception is provided in the applicable stormwater management regulations adopted by the Township.
(15)
Soil erosion and sedimentation control measures and facilities conforming to the requirements and specifications of Pennsylvania DEP's Soil Erosion and Sedimentation Control Manual, latest edition.
(17)
Compliance with the requirements and specifications of Chapter 140, Grading, Excavating and Filling, and any amendments thereto, if applicable.
(18)
Detailed building plans conforming to the requirements and specifications of the Uniform Construction Code (UCC), as adopted by the Township, and as from time to time amended. If the building is commercial or industrial in nature, the plans must be approved and sealed by the State Department of Labor and Industry.
(19)
A narrative statement describing in detail the work to be done and indicating the proposed use for each building or structure to be constructed on the property, the number and nature of businesses proposed in each building and if commercial or industrial, with the number of employees anticipated for each. If the application is made by someone other than the owner of the property, the application shall be accompanied by a duly verified affidavit from the owner authorizing such application to be made.
(20)
No zoning (or building) permit shall be issued pursuant to this chapter until the stormwater management plan for the property or lot has been approved in accordance with Chapter 195, Subdivision of Land. Further, the municipality shall not issue the permit until any required floodplain, dam safety or obstructions or erosion/sedimentation approvals/permits have been received from the applicable local, county or state agencies. Copies of the approval/permit must be filed with the municipality.
D.
Procedure. The Building Inspector or building code official shall render a decision either approving or disapproving the application for a building permit within 30 days after the application is filed, provided that any disapproval of the application shall contain a brief explanation setting forth the reasons for said disapproval and the manner in which the application can be corrected and/or modified to obtain the required approval. If no decision is rendered on the application within 30 days, the application shall be deemed to be approved, and the permit shall be deemed to have been granted immediately unless the applicant has agreed in writing to an extension of time. No agreement to extension of time for action may be made a part of an application form, nor may any such agreement be required of any applicant under threat of denial of the application.
§ 225-170 Zoning certificates and occupancy permits; fee.
A.
It shall be a violation of this chapter to use or occupy or permit the use or occupancy of any building, structure, land or premises or part thereof hereafter created, erected, changed or converted or enlarged in its use or structure until a zoning certificate and occupancy permit have been issued therefor by the Zoning Officer, stating that the proposed use of the building, structure or land conforms to the requirements of this chapter.
B.
All applications for a zoning certificate and occupancy permit shall be made on forms furnished by the Zoning Officer and shall be completed in full with accurate information and submitted in duplicate with the following information and data, together with a narrative statement:
(1)
Owner's name.
(2)
Area of property.
(3)
Lot and block number.
(4)
Lot number, plan name and where recorded if property is in a recorded plan.
(5)
Location of existing parking, off-street loading areas and driveways, indicating number and size of parking spaces, if applicable.
(6)
Location of any existing or proposed signs with details, if applicable.
(7)
A narrative statement, indicating the present and proposed use of the property and of each building or structure on the property, the number of dwelling units in each building or the number of retail or services in each building, with the number of employees anticipated for each. If the application is made by someone other than the owner of the property, the application shall be accompanied by a duly verified affidavit from the owner, authorizing such application to be made.
C.
No zoning certificate and occupancy permit shall be issued until all erection, construction or alteration has been completed and the use established, inspected and approved by the Zoning Officer. No such certificate shall be issued for a proposed change in use until such change has been established and has been inspected and approved by the Zoning Officer. The certificate shall be issued or written notice shall be given to the applicant, stating why a certificate cannot be issued, no later than five days after the Zoning Officer is notified in writing that the building or premises is ready for occupancy.
D.
A temporary zoning certificate and occupancy permit may be issued by the Zoning Officer for a period not to exceed six months during alterations or partial occupancy of a building pending its completion, provided that such temporary certificate may require such conditions and safeguards as will protect the safety of the occupants and the public.
E.
In all cases under this section, a fee shall be charged for a zoning certificate and occupancy permit with respect to single-family residential zoning use, and a fee shall be charged for each certificate and occupancy permit with respect to each zoning use. The Board of Commissioners may, from time to time by resolution, either increase or decrease said fee.
F.
A zoning certificate and occupancy permit may be revoked or suspended by the Zoning Officer if he finds that the holder of the certificate has failed to comply with conditions attached to the issuance of the certificate or if he finds that the building or use does not comply with the requirements of this chapter.
G.
Notwithstanding the foregoing provisions, a zoning certificate and occupancy permit shall not be required for the following:
§ 225-171 Use registration permits for sale of property.
A.
It shall be a violation of this chapter for any owner to sell any building or structure or interest therein situated in the Township of Shaler, unless the owner shall first deliver to the purchaser at or prior to the time for settlement a use registration permit:
(1)
Indicating the zoning classification and legality of the existing use of the building or structure (except one- or two-family residences and places of religious worship) to be sold; and
(2)
Also disclosing whether there exists any notice of an uncorrected violation of the housing, building, safety or fire ordinances and regulations as to any building or structure. A certificate from the Zoning Officer certifying that the property has been approved or designated as a nonconforming use shall be deemed compliance with this section.
B.
All applications for a zoning certificate shall be on forms furnished by the Zoning Officer, shall be completed in full and in duplicate, and shall contain a description and location of the building or structure and its present and proposed use.
§ 225-172 Special exceptions and variances; fees.
A.
Any application for a special exception or variance shall be filed with the Zoning Officer by any landowner or any tenant with the permission of such landowner. It shall contain a statement of the grounds on which the application is based, together with all maps, plans and text which shall be necessary to show compliance with this chapter. It shall be filed in duplicate and accompanied by a fee as set by the Board of Commissioners and revised from time to time.
B.
The Zoning Officer shall promptly transmit one copy of the application, together with all documentation, to the Zoning Hearing Board, which shall schedule a public hearing.
C.
If the application for a special exception or variance is coupled with an application for a building permit or certificate of use and occupancy, the application shall contain all data required for such application for building permit or certificate of use and occupancy. The Zoning Officer shall first follow the procedure applicable to the application for special exception or variance. The application for a building permit or certificate of use and occupancy shall be deemed denied for lack of basis until the special exception or variance is granted. If such application for special exception or variance is approved by the Zoning Hearing Board, the appropriate officer shall then approve or disapprove the application for a building permit or certificate of use and occupancy.
§ 225-173 Conditional uses; fees.
A.
Any application for a conditional use or a building permit for a conditional use shall be filed with the Zoning Officer. It shall contain a statement of the grounds on which the application is based, together with all maps, plans and text which shall be necessary to show compliance with this chapter. It shall be filed in duplicate and accompanied by a fee as set by the Board of Commissioners, as revised from time to time.
B.
The Zoning Officer shall promptly transmit one copy of the application, together with all documentation, to the Planning Commission for its recommendation.
C.
The Zoning Officer shall promptly transmit the application, with all documentation, to the Township Manager for the attention of the Board of Commissioners and for appropriate action.
D.
If the application for a conditional use is coupled with an application for a building permit or certificate of use and occupancy, the application shall contain all data required for such application for building permit or certificate of use and occupancy. The Zoning Officer shall first follow the procedure applicable to the application for conditional use. The application for a building permit or certificate of use and occupancy shall be deemed denied for lack of basis until the application for conditional use is granted. If such application for conditional use is approved by the Board of Commissioners, the Zoning Officer shall then approve or disapprove the application for a building permit or certificate of use and occupancy.
§ 225-174 Sign permits.
As to applications for sign permits, see § 225-63 of this chapter.