Spring Township Berks County
City Zoning Code
City Zoning Code
PART 11
ADMINISTRATION AND ENFORCEMENT
§ 27-1101 General Provisions.
[Ord. 2007-03, 5/2/2007, § 1101]
1.
The Township Board of Supervisors shall appoint a Zoning Officer who shall meet the requirements of § 614 of the Pennsylvania Municipalities Planning Code. The Zoning Officer shall administer and enforce this chapter 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 this chapter. The duties of the Zoning Officer shall be as follows:
A.
To examine, record and file all applications for zoning permits, with any accompanying plans and documents, and to issue such permits only for lots, uses and structures which are in conformity with the provisions of this chapter.
B.
To receive applications for certificates of nonconforming uses, investigate and issue or deny certificates of nonconforming uses.
C.
To post a schedule of fees in his office.
D.
To receive, investigate and process all complaints and to notify persons of any violations of provisions of this chapter.
E.
To conduct inspections of property for which zoning permits have been issued to ascertain if the construction or use is in conformity with the provisions of the permit.
F.
Upon request of the Board of Supervisors or the Planning Commission, to present to such body facts, records and any similar information required to assist such body in its deliberations.
G.
To be responsible for keeping current copies of this chapter and the Official Zoning Map for distribution to the public.
H.
To present to the Zoning Hearing Board, in each case before the Zoning Hearing Board, all relevant facts and arguments to support the Township's position, interpretation and procedures in the application of the provisions of this chapter.
I.
To institute civil enforcement proceedings as a means of enforcement when acting within the scope of the Zoning Officer's employment.
J.
To perform other duties in the administration and enforcement of this chapter as may be directed or as required by this chapter or the Pennsylvania Municipalities Planning Code.
§ 27-1102 Fees.
[Ord. 2007-03, 5/2/2007, § 1102]
1.
Fees. The Board of Supervisors shall establish a schedule of fees and a collection procedure for all zoning matters provided for by this chapter or the Pennsylvania Municipalities Planning Code. Said schedule of fees shall be established by resolution of the Board of Supervisors and may be amended by resolution, from time to time.
2.
The schedule of fees shall be posted in the office of the Zoning Officer.
3.
All such fees shall be payable to the Township.
4.
No request for a zoning permit or any other application provided for in this chapter or the Pennsylvania Municipalities Planning Code shall be considered complete nor considered filed until all fees have been paid in full.
5.
No application or appeal shall be considered filed until the appropriate filing fee shall have been paid in full.
§ 27-1103 Zoning Permits.
[Ord. 2007-03, 5/2/2007, § 1103]
1.
A zoning permit shall be required prior to the erection, extension or alteration of any structure or portion thereof, and prior to the use or change in use of a structure or land. No such zoning permit shall be required for normal maintenance activities and minor repairs which do not constitute an erection, extension or alteration as herein defined. No permit shall be granted by the Zoning Officer for any purpose except in compliance with the provisions of this chapter or, upon appeal, in compliance with a decision of the Zoning Hearing Board or the courts.
2.
Application for Zoning Permit. To apply for a zoning permit the applicant shall submit an application for a zoning permit to the Zoning Officer along with all required fees. When required by this chapter, site plans and other information shall accompany the application.
3.
Review of Application. All applications for zoning permits shall be granted or denied by the Zoning Officer within 30 days from the date of receipt of the application and fees for such. Whenever a site plan is required as a part of the application process, the application shall be granted or denied by the Zoning Officer within 60 days from the date of receipt of the site plan and fees for such. The Zoning Officer shall notify the applicant in writing of all action taken on the application for a zoning permit within said period. If the application is denied, such notification shall specify the provisions of this chapter with which such application does not comply. If for any reason the Zoning Officer fails to notify the applicant of all action taken the application shall be deemed to be approved as submitted.
4.
Permit Expiration. A zoning permit shall be valid for a period of 12 months from the day of issuance, or until a certificate of occupancy is issued, whichever is first. A permit may be extended by the Zoning Officer upon proper application and payment of fees for a period not to exceed six months.
§ 27-1104 Site Plan Review.
[Ord. 2007-03, 5/2/2007, § 1104]
1.
Submission and Content of the Site Plan. Three copies of the site plan shall be submitted to the Zoning Officer along with the application for a zoning permit. The site plan shall be drawn to a scale of one inch equals 50 feet or larger and contain the following written and graphic information unless an item is waived by the Zoning Officer because such is unnecessary to determine conformance with this chapter.
A.
The name of the proposed development and the name and address of the owner of the property and the individual or firm preparing the site plan.
B.
Date of the application for a zoning permit.
C.
Graphic scale.
D.
North point.
E.
Key map at a scale of one inch equals 800 feet showing streets and roads, buildings and motor vehicle access within 500 feet from the exterior boundary of the lot.
F.
Total size of the property, and each lot and/or area to be leased.
G.
The proposed use of the property.
H.
Topographic contour lines drawn at vertical intervals of five feet, including elevation of each ten-foot interval, both before and after the proposed construction.
I.
The total tract boundary with distances marked to at least the nearest foot.
J.
Location of the front, side and rear yard setback area as required by the applicable zoning district.
K.
All existing and proposed structures, showing location and a statement of the ground floor area, any retail and service floor area, height and elevation of each.
L.
All streams, springs, sink holes, floodplain boundaries and slopes of 25% or more.
M.
All existing and proposed street rights-of-way and cartways, including those abutting the property.
N.
All existing and proposed points of motor vehicle access to the property.
O.
All existing and proposed parking and loading spaces, parking lots and a statement of the surfacing material to be used.
P.
The location of all outdoor lighting fixtures.
Q.
The location and common name of existing and proposed vegetation to be used for landscaping.
R.
The location of all buffer yards required by this chapter.
S.
A space labeled "approved by" for the signature of the Zoning Officer and a space for the date of such approval.
2.
Review Procedure. All applications for a zoning permit which include a site plan as herein required shall be reviewed in the same manner as stipulated in § 27-1103, above, except that (A) upon receipt of the application, the Zoning Officer shall forward one copy of the site plan to a member of the Spring Township Planning Commission for review and comment; and, (B) upon approval of the application along with the requested zoning permit and retain the other copy for his files.
§ 27-1105 Certificate of Occupancy.
[Ord. 2007-03, 5/2/2007, § 1105]
1.
Upon completion of the erection, extension or alteration of a structure, or upon fulfilling the requirements of a change in use for which a zoning permit was issued, the applicant shall apply for a certificate of occupancy. The structure or the use for which the zoning permit was issued may not be occupied or otherwise used until a certificate of occupancy has been issued by the Zoning Officer.
A.
Within 15 days of an application for a certificate of occupancy, the Zoning Officer or his designated agent shall inspect the premises and determine if the action taken complies with the regulations of this chapter. If it does, a certificate of occupancy shall be issued within the fifteen-day time limitation.
B.
If the action fails to comply with the regulations of this chapter, the Zoning Officer shall notify the applicant, in writing, of the denial of a certificate of occupancy and shall state the provisions of this chapter with which the action does not comply. The applicant may correct the defects cited in the denial of the Zoning Officer for a certificate of occupancy. If, upon notification by the applicant and inspection of the premises, the Zoning Officer finds that the defects have been corrected and that no additional defects have been created, a certificate of occupancy shall be issued within two working days.
C.
Failure of the Zoning Officer to properly grant or deny an occupancy permit in the manner and time period stipulated above shall constitute an approval of the application for a certificate of occupancy, and the premises may be occupied or otherwise used as stipulated in the zoning permit.
D.
Temporary Certificate of Occupancy. A temporary certificate of occupancy may be issued in the manner prescribed above, pending (1) the completion of a structure or the fulfillment of requirements for a change in use to allow for partial occupancy; and, (2) the posting of a bond or certified check in an amount equal to the Zoning Officer's estimate of work remaining to be completed for a permanent certificate. The certificate shall be valid only until such time as the action for which the zoning permit was issued is complete, or for a period of six months after issuance, whichever is less.
E.
Upon expiration of the temporary certificate of occupancy, the applicant shall apply for a permanent certificate of occupancy or, if the action remains incomplete, may apply for one additional temporary certificate of occupancy. If the action remains incomplete after all additional temporary certificates have expired, the Zoning Officer shall use the proceeds of the bond or certified check to complete the necessary work. Any costs incurred by the Township over and above the amount of the bond or certified check shall be paid by the zoning permit holder prior to occupying the structure or otherwise using the land.
§ 27-1106 Violations and Penalties.
[Ord. 2007-03, 5/2/2007, § 1106]
1.
Failure to comply with any provisions of this chapter shall be a violation of this chapter.
A.
Complaints Regarding Violations. Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a complaint to the Zoning Officer stating fully the cause and basis thereof. The Zoning Officer shall record such complaint, investigate and take action thereon as provided by this chapter.
B.
Notice of Violation. If the Zoning Officer shall find that any provision of this chapter has been violated, he shall initiate enforcement proceedings by sending an enforcement notice as provided for by § 616.1 of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10616.1.
C.
Penalties. Penalties and remedies for violations of this chapter are stipulated in §§ 617 and 617.02 of Article VI of the Pennsylvania Municipalities Planning Code, as amended, 53 P.S. §§ 10617 and 10617.2.
§ 27-1107 Appeals.
[Ord. 2007-03, 5/2/2007, § 1107]
Any appeal from a decision or action of the Spring Township Supervisors or of any office or agency of the Township in matters pertaining to this chapter shall be made in accordance with the Pennsylvania Municipalities Planning Code, as amended.
§ 27-1108 Amendments.
[Ord. 2007-03, 5/2/2007, § 1108]
The regulations, restrictions and district boundaries set forth in this chapter may, from time to time, be amended through action of the Spring Township Supervisors in the manner provided by the Pennsylvania Municipalities Planning Code, as amended.