Springfield Township York County
City Zoning Code
City Zoning Code
ARTICLE XIII
Administration, Enforcement, Enactment
§ 500-126 Zoning Officer.
A.
Appointment. The provisions of this chapter shall be administered and enforced by the Zoning Officer, who shall be appointed by the Board of Supervisors.
B.
Primary duties. The primary duties of the Zoning Officer shall be as specified below. Upon appointment and until said person is duly released, the Zoning Officer shall ensure that all the below duties are fully executed. By virtue of this chapter, the Zoning Officer is vested with the power to and shall:
(1)
Receive all applications for zoning permits; issue permits when there is a compliance with the provisions of this chapter and all other Township ordinances.
(2)
Inspect applicable land area as defined under this chapter to ensure that any plans comply with the provisions of this chapter.
(3)
Receive applications for special exceptions and refer such applications to the Zoning Hearing Board for action thereon.
(4)
Following the refusal of a zoning permit, receive any appeals from alleged error of the Zoning Officer and any appeals for variances from the terms of this chapter and forward such appeals to the Zoning Hearing Board for action thereon.
(5)
Order, in writing, correction of all conditions found to be in violation of the provisions of this chapter. Such written orders shall be served personally or by registered mail upon persons, firms, or corporations deemed by the Zoning Officer to be violating the terms of this chapter.
(6)
Keep a permanent record of all plans and applications for permits and all permits issued, with a notation as to all conditions attached thereto.
(7)
Maintain the Township Zoning Map or Maps showing the current zoning classification of all land in the Township.
C.
Additional duties upon request. When directed in writing by either the Board of Supervisors, the Planning Commission, or the Zoning Hearing Board as specified below, the Zoning Officer shall:
(1)
Conduct investigations to determine compliance or non-compliance with the terms of this chapter. Such investigations shall be conducted only at the specific request of the Board of Supervisors and shall normally not involve matters which would be reviewed and investigated as part of the Zoning Officer's primary duties. Such investigations may be directed toward a problem located upon a specific site or they may be area-wide investigations to determine general compliance with the terms of this chapter.
(2)
Institute, with the approval of the Board of Supervisors, proceedings in courts of proper jurisdiction for the enforcement of this chapter.
(3)
Upon the request of the Board of Supervisors, Planning Commission, or Zoning Hearing Board, present to such body facts, records, or any similar information to assist such individuals or bodies in reaching a decision upon a specific application, plan or appeal.
D.
Limits of authority.
(1)
The Zoning Officer shall have the authority to issue zoning permits only for uses which are in accordance with the requirements of this chapter. Uses which require a special exception or variance shall be issued zoning permits only on order of the Zoning Hearing Board. Uses which require Planning Commission and Board of Supervisor review, as either land development under Chapter 425, Subdivision and Land Development, or any conditional uses pursuant to § 500-129 of this chapter, shall be issued only following final approval by the Board of Supervisors.
(2)
The Zoning Officer shall issue no permits for the use of any land and existing buildings, unless it conforms to all Township ordinances.
(3)
The Zoning Officer shall revoke a permit or approval issued under the provisions of this chapter in case of any false statement or misrepresentation of fact in the application or on the plans which the permit or approval was based. Moreover, any permit issued in error may be revoked immediately and shall in no case be construed as waiving any provision of this chapter.
E.
Accountability. For purposes of accountability, the Zoning Officer shall maintain, upon forms provided by the Board of Supervisors, a log of all applications and inspections. Among other items such log shall contain the date, time, zoning permit number, and signature of the applicant or his authorized representative. Upon request by the Board of Supervisors, the log shall be submitted to the Supervisors for their review.
§ 500-127 Building permits.
A.
Permits required. Hereafter no structure shall be erected, constructed, reconstructed, extended, moved, or razed, or any building permit issued until a zoning permit has been secured from the Zoning Officer. Zoning permits are required for the purpose of assuring compliance with this chapter and other pertinent Township ordinances except the Springfield Township Building Code.[1] Permits shall be required in all cases except the following:
(1)
Completely detached accessory buildings less than 100 square feet in ground floor area.
(2)
Alterations when there is no increase in ground floor exterior dimensions and no change in use, including new facing, replacement siding, chimneys, etc.
(3)
General maintenance work.
(4)
Painting.
(5)
Clearing woodlands or building ponds.
(6)
Crop farming.
(7)
Animal husbandry.
(8)
Landscaping (including incidental structures such as flagpoles, birdhouses, ornamental windmills, etc.).
(9)
Constructing fences, terraces, steps, noncommercial TV towers, or other similar features, as well as certain signs as specified in § 500-102E of this chapter.
(10)
Surfacing or resurfacing existing driveways, parking areas, etc.
(11)
Transmission, distribution, and collection lines for utilities.
B.
Application requirements. All applications for zoning permits shall be made in writing by the owner or authorized agent on forms supplied by the Zoning Officer and shall be filed with the Zoning Officer. The application shall include:
(1)
A general description of the proposed work, its location, and the use and occupancy of all parts of all buildings, structures, and lots.
(2)
A plot diagram showing the location, dimensions, and height of proposed structures or uses and any existing buildings in relation to property and street lines.
(3)
Two copies of building specifications and plans, if applicable.
(4)
The number, location and design of parking and loading spaces and access drive(s) or driveway(s) indicating upon which public road such access drive(s) or driveway(s) exists.
(5)
Proof of issuance of a highway occupancy permit from the Pennsylvania Department of Transportation or Springfield Township, as the case may be.
(6)
A completed stormwater management plan or water drainage plan, when required, approved by the Township Engineer.
(7)
Proof of compliance with or granting of permits from any federal, multistate, regional, state, or local authority (authorities) as required for the proposed use so as to be in conformity with all federal, multistate, state, regional and/or local laws, statutes, ordinances and regulations.
(8)
Proof of approval by the York County Conservation District of any required soil erosion and sediment control plan.
(10)
Engineering details and other information deemed necessary and specifically required by the Zoning Officer or the Township Engineer.
(12)
The required zoning permit application fee.
C.
Permit procedures.
(1)
Zoning Officer review. The Zoning Officer shall review all applications for zoning permits. If the specifications set forth by the applicant in his application for a zoning permit are in conformity with the provisions of this chapter and all other applicable statutes, the Zoning Officer shall issue a permit. If the application or the plans do not conform, he shall reject such application, in writing, stating the reasons therefor, and shall immediately thereupon give notice of such refusal to the applicant at the address indicated on the application. The Zoning Officer shall grant or deny the permit not later than 10 days following application, except in cases of special exemption shall attach his signature to all applications.
(2)
Land development review. Uses requiring review and approval as land developments under Chapter 425, Subdivision and Land Development, shall not be acted upon by the Zoning Officer until approval of any such land development by the Board of Supervisors.
(3)
Life of a permit. Any activity requiring a zoning permit under this article shall be commenced within six months and completed within one year of the date of issuance of a permit. However, the right to proceed with such activity may be extended annually for an aggregate period of three years, provided payment of any additional required fees are paid and provided the construction or change pursuant to said permit has commenced within the initial six-month period. If construction has not commenced within the six-month period, the applicant must reapply for a zoning permit, paying a new application fee and meeting any additional requirements of Township ordinances passed in the intervening period. Any extensions of the life of the permit beyond the three-year period shall require the approval of a special exception by the Zoning Hearing Board.
(4)
Notification of commencement. The applicant shall notify the Zoning Officer, upon a form provided by the Zoning Officer at the time of application, of the actual commencement of permit activity.
(5)
Posting of permit. Upon notification to the Zoning Officer of the commencement of permitted activity, the applicant shall also post in a conspicuous spot a true copy of the approved zoning permit. The permit shall remain posted until a certificate of use and occupancy is issued.
(6)
Zoning Officer inspection. The Zoning Officer shall make on site inspections to determine compliance with the terms of all applicable Township ordinances excepting the Township Building Code,[3] and with statements and plans submitted by the applicant with the zoning permit application. The first inspection, and subsequent inspections shall be made when deemed appropriate by the Zoning Officer. Such inspections shall be in the presence of the applicant or his authorized representative. If the Zoning Officer notes any instances of noncompliance, he may either:
(a)
Order correction; or
(b)
In the case of severe violations, order construction to cease and desist until corrective action is taken, and an inspection is made by the Zoning Officer to determine if the corrective action is satisfactory, and the applicant is so informed, in writing. Any verbal orders by the Zoning Officer shall be followed promptly by written orders signed by the Zoning Officer.
(7)
Notification of completion. Upon completion of construction, reconstruction, extension, or moving of structures, the applicant shall notify the Zoning Officer of such completion and provide a certificate of compliance with Springfield Township's Building Code.[4] No land or structure shall be subsequently used or occupied until a certificate of use and occupancy is issued pursuant to § 500-128 of this chapter. If the activity was construction exempted under the Springfield Township Building Code, the Zoning Officer shall report the work performed and the cost thereof, as requested by the applicant, to the Tax Assessment Office for York County, Pennsylvania, if not already reported.
D.
Limitation on permits.
(1)
No zoning permit shall be issued for the building or alteration of any building or structure within the right-of-way limits of any street, with the exception of drainage structures, curbing, or pavement.
(2)
No zoning permit shall be issued for the building or alteration of any building or structure, unless such building or alteration conforms to required building setback lines.
(3)
If required upon an applicable and approved subdivision or land development plan, no zoning permit shall be issued for the building or alteration of any building or structure unless surface drainage of the land, as required, is provided for.
(4)
No zoning permit shall be issued for the building or alteration of any building or structure upon land in a subdivision unless and until a final plan of such subdivision shall have been approved and properly recorded.
(5)
No zoning permit shall be issued unless or until any required sewer permits have been issued.
§ 500-128 Certificate of use and occupancy.
A.
Permits required. No land or buildings shall be occupied by a principal use or changed from one principal use to another and no building hereafter erected, constructed, altered, or extended shall be occupied until a certificate of use and occupancy shall have been issued by the Building Codes Officer, stating that the buildings or proposed uses fully comply with the provisions of this chapter and/or Chapter 190, Construction Codes, Uniform.
B.
Application requirement. All applications for certificates of use and occupancy shall be made in writing by the owner or authorized agent on forms supplied by the Building Codes Officer, setting forth information listed in § 500-127B of this chapter and other data the Building Codes Officer may require. In addition, prior to issuance of a certificate of use and occupancy, where construction subject to Chapter 190, Construction Codes, Uniform, occurred, a proof of compliance must be received from the Township Current Codes Administrator prior to issuance of the certificate of use and occupancy hereunder.
C.
Permit procedures.
(1)
Construction. In cases where a building permit was issued, a certificate of use and occupancy shall be applied for.
(2)
Change of use.
(a)
Before any principal use not previously located upon a lot can be established, or one principal use changed to another, a zoning permit shall be required. If such uses are conforming and no expansion of the use or structure is involved, a zoning permit shall suffice (except in cases of special exceptions, where further proceedings are necessary). The Zoning Officer shall, by letter, grant or deny such use within 10 days following application. If denied, the Zoning Officer shall state, in writing, the cause for such denial.
(b)
If such proposed use involves a change from one nonconforming use to another, a special exception under § 500-114C of this chapter shall be required. And if such proposed use also involves a proposed building construction or expansion of other than an accessory building, then a land development plan in accordance with the requirements of Chapter 425, Subdivision and Land Development, shall be required. Additionally, such construction shall be subject to Chapter 190, Construction Codes, Uniform.
D.
Permit approval. If the Zoning Officer finds that all work is in conformity with all existing Township ordinances, a certificate of use and occupancy shall be granted within five days following such finding. If any part of the premises is found in violation of any Township ordinance, then the applicant shall be notified, in writing, within five days following such findings as to the specific points of violation. Subsequent reviews shall follow the same procedures outlined above. The Zoning Officer may, however, require an additional fee for any additional reviews caused by violations. Such additional fee shall be based on a schedule established by resolution of the Board of Supervisors.
E.
Life of a certificate. A certificate of use and occupancy shall become void 90 days from the date of issuance, unless the applicant has notified the Zoning Officer that occupancy has been completed or, if delayed, make application for extension.
F.
Removing replaced structures. If the certificate of use and occupancy is issued for a structure that replaces a structure existing when the zoning permit was issued, the applicant must demolish/raze and remove the existing structure that is replaced within six months of the date of issue of the certificate of use and occupancy.
§ 500-129 Conditional uses.
A.
Required approval. The Board of Supervisors shall have the power to approve or disapprove applications for use of any land for which this chapter requires the obtaining of a conditional use permit. No site or other parcel of land requiring a conditional use permit shall be improved by laying out, constructing, opening, or dedicating any public facilities, and no building or use requiring a conditional use permit shall be constructed or established except upon approval of the Board of Supervisors in strict accordance with the provisions of these regulations.
B.
Conditions. As required by Section 603 of the Pennsylvania Municipalities Planning Code (Act 247), as amended,[1] the Board of Supervisors shall make their decision to allow or deny any application for conditional usage pursuant to express standards and criteria. To be considered by the Board of Supervisors are the general standards set forth below and the specific standards and criteria set forth in applicable sections of this chapter for the use in question.
(1)
Compatibility. The proposed use will be reviewed as to its relationship to and effect upon surrounding land uses and existing environmental conditions regarding the pollution of air, land, and water; noise, potential of hazards and congestion; illumination and glare; restrictions to natural light and circulation of air.
(2)
Purpose. Review the intended purpose of the proposed use as it relates to the development objectives established in the Township Comprehensive Plan Update.
(3)
Suitability. The nature of activity and population served, numbers of participating population, frequency of use, adequacy of space and spatial requirements, and the potential generation and impact of congestion will be reviewed as suitably related to the proposed location of potential use.
(4)
Accessibility. Ingress and egress to the site of the proposed use, circulation and movement of pedestrian and vehicular traffic, parking requirements, and accessibility to the existing and proposed Township street system will be reviewed.
(5)
Serviceability. Reviews will be made as to the adequacy and availability of utility services and facilities such as sanitary and storm sewers, water, trash and garbage collection and disposal, and the ability of the Township to supply such services.
(6)
Applicability. The proposed use will be reviewed as to its application to and coordination with the planning policies of the Township, the Township Comprehensive Plan Update, and the Township Official Map.
[1]
Editor's Note: See 53 P.S. § 10603.
C.
Procedures. The procedures regarding application, review, and approval of conditional use permits shall be as set forth in Article III, Administration, of Chapter 425, Subdivision and Land Development, of the Code of Springfield Township except that review by the Board of Supervisors to approve or deny any application for a conditional use permit shall be at a public hearing pursuant to public notice. In addition, however, and following approval of the final plan by the Board of Supervisors, a copy of the approved plan and all accompanying data shall be submitted by the Township Secretary to the Zoning Officer. The receipt of said plans shall authorize the Zoning Officer, upon written request by the applicant, to issue zoning and building permits for those uses specifically requested by the applicant and given final approval by the Supervisors, providing all normal zoning requirements are met. Subsequent processing should conform to normal procedures for ensuring compliance with this chapter and other applicable Township ordinances.
D.
Plan requirements. In making application for a conditional use permit, plans and data shall be submitted as required by Article III, Administration, of Chapter 425, Subdivision and Land Development, of the Code of Springfield Township. During the review period, both the Planning Commission and the Board of Supervisors may require additional plans and/or data as may be pertinent.
E.
Financial requirements. A statement of the proposed financing of any development requiring a conditional use permit shall be submitted with the final plan. Improvement agreements and bonding requirements shall be in accordance with Article VIII, Improvement Requirements, Reservations, and Dedications, of Chapter 425, Subdivision and Land Development, of the Code of Springfield Township.
F.
Design requirements. The layout and design of all developments requiring a conditional use permit shall be consistent with current principles and practices of modern site planning and development. In accordance with Section 503(5) of the Pennsylvania Municipalities Planning Code,[2] the Township reserves the right to alter site plans for development which do not conform with such principles and practices or which do not meet the design provisions of Chapter 425, Subdivision and Land Development.
[2]
Editor's Note: See 53 P.S. § 10503(5).
§ 500-130 Violations and penalties.
A.
Failure to comply with any provision of this chapter shall be a violation of this chapter. In any case where any building, structure, landscaping, or land is or is proposed to be erected, constructed, reconstructed, altered, converted, maintained, or used in violation of this chapter or any duly enacted amendment thereof, the Zoning Officer will institute appropriate action or proceeding to prevent, restrain, correct, or abate such building, structure, landscaping, or land, or to prevent in or about such premises, any act, conduct, business, or use constituting a violation.
B.
Complaints. Whenever a violation of this chapter occurs or is alleged to have occurred pursuant to § 500-130A of this chapter, any aggrieved person may:
(1)
File a complaint to the Zoning Officer, stating fully the causes and basis thereof. The Zoning Officer shall record such complaint, investigate, and take action as provided herein; or
(2)
Any aggrieved owner or tenant of real property who shows that his property or person will be substantially affected by the alleged violation may directly institute any appropriate proceeding to correct such alleged violation. When any such action is instituted by a landowner or tenant, notice of that action shall be served upon the Township at least 30 days prior to the time the action is begun by serving a copy of the complaint on the Board of Supervisors. No such action may be maintained until such notice has been given.
C.
Notice of violation. When the Zoning Officer finds that any provision of this chapter has been violated, he shall initiate enforcement proceedings by sending an enforcement notice as provided below:
(1)
The 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 Township 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 provision 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 30 days of the date of the notice in accordance with procedures set forth in § 500-116A of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(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.
(3)
In the case of a probable violation of a performance standard set forth in § 500-98 of this chapter, the notice shall also state that, prior to the date before which the steps for compliance must be commenced, the owner(s) of record or other person against whom the Township intends to take action may request that the Zoning Officer call in a properly qualified expert to make a technical determination. If, after such determination, it is found that a violation of the performance standards exists, costs of such determination shall be charged against those responsible for the violation and the Zoning Officer shall provide the results of such technical determination, in writing, to the responsible party, together with a revised enforcement notice. However, if it is determined that no violation exists, the cost of the determination will be paid by the Township and the enforcement notice will be nullified.
(4)
If the violation is corrected to the satisfaction of the Zoning Officer within the designated time frame, he shall note "violation corrected" on his copy of the notice and shall retain it among the Township's official records.
D.
Sanctions. Any person, partnership, or corporation who or which fails to correct any violation of this chapter and who or which has been properly notified as provided in § 500-130C of this chapter shall be prosecuted before a Magisterial District Judge in a civil enforcement proceeding. If found liable therefor in such proceeding, such person, partnership or corporation, shall pay a judgment of not more than $500, plus all court costs, including reasonable attorney fees and all investigative and/or expert fees and costs incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied, or payable until the date of the determination of a violation by the Magisterial District Judge. If the defendant neither pays nor appeals the judgment in a timely fashion, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the Magisterial District Judge determining that there was a good-faith basis for the person, partnership, or corporation violating the chapter to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the Magisterial District Judge, and thereafter, each day that a violation continues shall constitute a separate violation. All judgments, costs, and reasonable attorney fees collected for the violation shall be paid over to the Township.
E.
Stays. The York County Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine, pending a final adjudication of the violation and judgment.
F.
Jurisdiction. Nothing contained in this article shall be construed or interpreted to grant to any person or entity other than the Township the right to commence any action for enforcement pursuant to this article.
§ 500-131 Fees.
Each applicant shall, at the time of making application, pay a fee in accordance with a fee schedule adopted by resolution of the Board of Supervisors. No application, certificate, permit, or appeal shall be considered filed, processed or approved without payment of the appropriate fee.