Springfield Township Montgomery County
City Zoning Code
City Zoning Code
ARTICLE XV
Administration and Enforcement
§ 114-150 Zoning Officer.
A.
The provisions of this chapter shall be enforced by the Zoning Officer who, for the purposes of this chapter, is hereby designated as being the Building Inspector of the Township of Springfield. The Building Inspector shall be appointed by the Township Manager and shall be vested with the power and authority to enforce the provisions of this chapter as well as the provisions of the Springfield Township Building Code of 1960, as amended (hereinafter referred to as the Building Code).[1]
B.
It shall be the duty of the Building Inspector to keep a record of all plans and applications for permits and of all permits issued, with notation of all special conditions attached thereto, all of which records shall be open for public inspection. He shall make such reports as the Board of Commissioners may require.
C.
The Building Inspector shall have authority to issue permits only for construction and uses which are in accordance with the requirements of this chapter. Building permits for construction and uses involving special exceptions or variances to the requirements of this chapter shall be issued by the Building Inspector only upon order of the Zoning Hearing Board. The Building Inspector shall issue no permit for the construction or use of any land or building unless it also conforms to the requirements of the Building Code and all other ordinances of Springfield Township and the laws of the Commonwealth of Pennsylvania pertaining to such use or construction.
§ 114-151 Building permits.
A.
Permits required. No building shall be constructed or altered in the Township, or the use of any building or lot changed, until a building permit has been secured from the Building Inspector. It shall be unlawful for any person to commence or cause to be commenced work for the erection or alteration of or addition to any building or other structure or portion thereof until a building permit has been duly issued therefor.
B.
Applications. Applications for building permits shall be made in writing by the owner or his duly authorized agent on forms furnished by the Township and shall be filed with the Building Inspector. The application shall conform in all respects to § 13-33 et seq., of the Building Code[1] and, in addition, shall be accompanied by:
(1)
A plot plan prepared by a registered engineer or surveyor, when deemed necessary by the Building Inspector, showing the exact size and location of any buildings or other structures existing on the lot in question and upon abutting land within 50 feet of the side and rear lot lines of such lot, and the lines within which the proposed building or other structure shall be erected or altered.
(2)
A statement that the side lines of all lots shown on the plan have been located and staked on the premises by a surveyor or other person competent to give such location, whose name and address shall appear either on the application or on the plan.
(3)
Such other plans, documents and information as may be necessary to enable the Building Inspector to ascertain compliance with this chapter, the Building Code and other pertinent ordinances.
C.
Issuance. No building permit shall be issued until the Building Inspector has certified that the proposed building, structure, alteration or land use complies with the provisions of this chapter, the Building Code and other applicable ordinances. 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 chapter, and prior to use or occupancy, the holder of such permit shall notify the Building Inspector of such completion. Use and occupancy shall not be authorized until the Building Inspector has certified that the work has been inspected and approved as being in conformity with this and other applicable ordinances, including the Building Code and the Subdivision Ordinance, [2] and has issued a use and occupancy permit as hereinafter provided.
§ 114-152 Use and occupancy permits.
A.
Requirement.
(1)
A use and occupancy permit shall be required prior to any of the following:
(a)
Use and occupancy of any building or other structure hereafter erected or altered.
(b)
Change in use of any building or structure.
(c)
Use of land or change in the use thereof, (except that the placing of vacant land under cultivation shall not require a use and occupancy permit.
(d)
Change in use or extension of a nonconforming use.
(2)
It shall be unlawful for any person to use or occupy any building or other structure or land until a use and occupancy permit has been duly issued therefor.
B.
Applications. All applications for use and occupancy permits shall be made in writing on forms furnished by the Township and shall include all information necessary to enable the Building Inspector to ascertain compliance with this chapter and the Building Code.
C.
Issuance.
[Amended6-9-2021 by Ord. No. 970]
(1)
The Zoning Officer shall have 45 days after the receipt of the submission of a complete application for a use and occupancy permit to approve or deny a permit, subject to the following. In order to be considered to be "complete," an application for a use and occupancy permit must include:
(a)
A fully completed application form, signed by a landowner, equitable owner and/or tenant with a valid lease. If the applicant is an equitable owner or tenant, a copy of the agreement establishing such property right shall be included with the application;
(b)
A description of the proposed use, the existing use, and the historic use;
(c)
The required application fee established by resolution of the Board of Commissioners, as amended from time to time; and
(d)
Any and all supporting documentation necessary to allow the Zoning Officer to properly evaluate the use and occupancy permit application, including, but not limited to, a plan of the property and structures thereon and information demonstrating compliance with the Township Building Code and Zoning Ordinance.
(2)
The Zoning Officer shall have 20 days to determine whether a use and occupancy application is complete. If it is determined that the use and occupancy permit application is incomplete, the Zoning Officer will notify the applicant within the twenty-day period of the additionally required documents and/or items. The forty-five-day period within which the Zoning Officer has to issue a decision on the application will start anew upon the submission of the information necessary to complete the application.
(3)
The deadline within which the Zoning Officer must issue a decision may be extended upon the written, signed agreement of the applicant.
(4)
No use and occupancy permit shall be issued until the Building Inspector has certified that the proposed use complies with all the provisions of this chapter and the Township Building Code and Subdivision of Land Ordinance.
(5)
Pending completion of a building or of alterations thereto, and subject to the provisions of this section, a temporary use and occupancy permit may be issued by the Building Inspector for a temporary occupancy of a part or all of a building in lieu of a permanent use and occupancy permit, provided that issuance of such a permit has been approved by the Board of Township Commissioners, and provided further that such temporary occupancy would not in any way tend to jeopardize life or property or create a health hazard. The issuance of such a temporary occupancy permit shall in no way prejudice the right of the Building Inspector to refuse to issue a permanent use and occupancy permit. The issuance of a use and occupancy permit shall not, in any way, be construed to relieve a contractor, builder or developer of and from any contractual or other liability, responsibility or obligation to any other person, firm or corporation.
§ 114-153 Issuance or refusal of permits; appeals.
If the Building Inspector determines that an application is in compliance with the provisions of this chapter, the Building Code and other pertinent Township ordinances, it shall be his duty to issue the appropriate permit. If he determines that an application is not in compliance with the provisions of this chapter, the Building Code or other Township ordinance, it shall be his duty to refuse the permit, in which case he shall instruct the applicant in the method of appeal to the appropriate administrative appellate body. In the case of an appeal based upon this chapter, or an application for a variance or special exception from the terms of the chapter, the appeal shall be made to the Zoning Hearing Board within 30 days after the date of the refusal of the Building Inspector. In the case of an appeal from the determination of the Building Inspector based on the Building Code, the appeal shall be to such body and in such manner as the Building Code prescribes.[1]
§ 114-154 Mobile home park permits, license fees and inspections.
[Added 9-12-1979 by Ord. No. 687]
In those mobile home parks wherein some or all of the mobile home lots will be leased, the following regulations shall apply to the entire development, exclusive of the lots being sold individually:
A.
It shall be unlawful for any person or group to construct, alter, extend or operate a mobile home park unless and until that person obtains:
B.
License. The operator of a mobile home park with lots for lease shall apply to the Pennsylvania Department of Environmental Resources and to the Springfield Township Zoning Officer on or before the first day of each year for an annual license to continue operation of the mobile home park. Issuance of a license shall be based on satisfactory compliance with the standards for mobile home parks issued by all appropriate state and local authorities.
C.
Fee. The fee for the annual license required for mobile home parks having lots for lease shall be $50 per lot and shall be submitted to the Zoning Officer with the application.
D.
Inspection. Upon receipt of the application for annual license and before issuing such annual license, the Zoning Officer or other designated representative of Springfield Township shall make an inspection of the mobile home park to determine compliance with this Article and other applicable Township ordinances. The Zoning Officer or other representative shall thereafter notify the licensee of any instances of noncompliance and shall not issue the annual license until the licensee has corrected all such violations.
§ 114-155 Conditional use procedures.
[Added 12-13-2006 by Ord. No. 882]
Whenever a conditional use is authorized pursuant to the terms of this chapter, as amended, the procedures for application and review of requested conditional uses shall be as follows:
A.
Written request. The landowner shall make a written request to the Township Board of Commissioners that it hold a hearing on his or her application. The request shall contain a statement reasonably informing the Township Board of Commissioners of the matters that are in issue.
B.
Plans and accompanying documents. The application shall be accompanied by plans and other materials in accordance with Chapter 95, Subdivision of Land, § 95-6, Preliminary plan requirements, and § 95-7, Contents of preliminary and final plans. If the application shall involve a subdivision or land development, the plans prepared in accordance with the requirements for preliminary plans of Chapter 95, Subdivision of Land, of the Code of the Township of Springfield shall be filed for review as well. If not disclosed at the conditional use hearing, then applicant shall provide architectural elevations at the preliminary/final plan submission phase.
C.
Hearing on conditional use request. The Township Board of Commissioners shall hold a hearing upon the request, commencing not later than 60 days after the request is filed, unless the applicant requests or consents, in writing, to an extension of time.
D.
Decision on conditional use request. The Township Board of Commissioners shall render a written decision or, when no decision is called for, make written findings on the conditional use application within 45 days after the last hearing before the Township Board of Commissioners, unless the applicant has agreed, in writing or on the record, to an extension of time. In allowing a conditional use, the Township Board of Commissioners may attach reasonable conditions and safeguards as may be deemed necessary to implement the purposes of this chapter and to ensure the protection of adjacent uses from adverse impacts that may be determined from credible testimony.
E.
An applicant for a conditional use shall have the burden of establishing:
(1)
That the application falls within the provision of the ordinance which accords the applicant the right to seek a conditional use.
(2)
The allowance of the conditional use will not be contrary to the public interest.
(3)
The applicant shall have the duty of presenting credible evidence relating to the above as well as any specified criteria established for the conditional use within the district allowed.
(4)
That the application shall be suitable in terms of effects on highway traffic and safety, including the arrangement for access and interior circulation to protect streets from undue congestion and hazard. When required by the Township, a traffic impact report shall be prepared at the applicant's expense to demonstrate the impact of the proposal on the levels of service of adjoining street frontages and intersections along highways within 1,000 feet of the property. If required as a condition of approval by the Township Board of Commissioners, the applicant shall be required to implement required traffic and transportation improvements and/or detail the source for these improvements.
F.
Unless otherwise specified by the Board of Commissioners, a conditional use approval shall expire if the applicant fails to engage in such use or obtain a building permit (if necessary) thereunder within 12 months from the date of authorization thereof, except that such twelve-month period shall be tolled during the following:
[Added6-9-2021 by Ord. No. 970]
(1)
The diligent pursuit of any necessary land development and/or subdivision approval;
(2)
Appeal of the relief granted by the Board of Commissioners, or the conditions thereof; or
(3)
Any period for which the Commonwealth of Pennsylvania has declared a state of emergency lasting for a period of not less than 30 days.