Tinicum Township City Zoning Code
ARTICLE XXV
Administration, Enforcement and Amendments
§ 395-172 Purpose.
The purpose of this article is to set forth procedures for the administration and enforcement of this chapter, in accordance with the Planning Code.
§ 395-173 Administration.
A.
The administration, enforcement, and amendment of this chapter shall be in accordance with the provisions of Article VI and any other applicable sections of the Pennsylvania Municipalities Planning Code, Act 247, as amended, hereinafter referred to in this Article as the Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
There shall be a Code Enforcement Officer (CEO) appointed by the Township Commissioners.
C.
The CEO shall not hold any elective office in the Township.
D.
The CEO shall administer this chapter in accordance with its literal terms and shall not have the power to permit any construction, use or change of use which does not conform to this chapter.
E.
The CEO may be authorized to institute civil enforcement proceedings as a means of enforcing this chapter.
F.
Duties. The following duties shall be performed by the CEO:
(1)
Enforce all provisions of this chapter and all amendments thereto.
(2)
Receive, examine, record and file all applications and fees for building permits and issue building permits only for any structure or use that conforms to this chapter.
(3)
Issue permits for uses and construction by special exception or variance only after such uses or buildings are approved by the Zoning Hearing Board (ZHB), in accordance with the provisions of this chapter. Permits requiring approval by the Township Commissioners shall be issued only after receipt of an authorization from the CEO.
(4)
Maintain, or cause to be maintained, a map or maps showing the current zoning classification of all land in the Township.
(5)
Upon request of the Commissioners, Planning Commission or ZHB, present facts, records, and any similar information to such body on specific requests to assist these bodies in reaching their decisions.
(6)
Receive all required fees.
(7)
Regularly inspect all areas of the Township to determine if there are any violations of this chapter and review the validity of any reported zoning violations.
(8)
Issue all necessary stop orders, and order in writing correction of all conditions found to be in violation of this chapter. It shall be unlawful for any person to violate any such order lawfully issued by the CEO, and any person violating such order shall be guilty of a violation of this chapter.
(9)
Maintain, or cause to be maintained, a map or maps showing the current zoning classification of all land in the Township.
G.
Appeals from decisions of the CEO. An appeal from a decision or action of the CEO shall be made directly by a party in interest to the ZHB and such appeal shall be made within 30 days after notice of the decision is made or, if no decision is made, 30 days after the date when a decision is deemed to have been made, in accordance with the Planning Code, as amended.
H.
Violations. Whenever a violation of this chapter is alleged to have occurred, any person may file a written and signed complaint. Such complaint, stating fully the causes and basis thereof, shall be filed with the CEO who shall record such complaint promptly and immediately investigate and take action thereon as provided in this chapter.
§ 395-174 Enforcement.
A.
Enforcement notice. If it appears to the Township that a violation of this chapter has occurred, the Township shall initiate enforcement proceedings by sending an enforcement notice 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 an enforcement notice regarding that parcel and to any other person requested in writing by the owner of record. An enforcement notice shall include the minimum components required in Section 616.1(c) of the Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
Causes of action. See Section 617 of the Planning Code.
C.
Enforcement remedies. See Section 617.2 of the Planning Code.
D.
Jurisdiction. District justices shall have initial jurisdiction over proceedings brought under Section 617.2 of the Planning Code.
§ 395-175 Permits.
A.
Requirement for permits. A permit shall be required prior to the erection or alteration of any building, structure, or portion thereof, including signs and fences, prior to the use or change in use of a building or land and prior to the change or extension of a nonconforming use or structure.
B.
Application for permits. Application for permits shall be made to the CEO on such forms as may be furnished by the Township. Each application shall contain all information necessary to ascertain whether the proposed erection, alteration, use or change in use complies with the provisions of this chapter.
C.
Issuance of permits.
(1)
No building or use permit shall be issued until the CEO has certified that the proposed building or alteration or the proposed use of the property comply with the provisions of this chapter.
(2)
Permits shall be granted or refused within 45 days after the date of application. In case of refusal, the applicant shall be informed of his right to appeal to the ZHB.
D.
Permits for trailers or other temporary structures. Prior to the placement or location of a trailer or other temporary structure on a site, a permit shall be obtained from the CEO as noted above in § 395-175. Such temporary permit shall be effective for not more than 90 days and may be renewed. However, the total continuous time for which temporary permits may be issued shall not exceed one year.
E.
Expiration of permits. Permits for the erection, razing, change, alteration or removal of a building shall be valid or effective for a period of not more than six months from the date of issuance thereof and shall thereafter be void, unless the work authorized by such permit shall have been substantially commenced within that period and continues with due diligence from that time forward. In no event shall a zoning permit be construed to authorize development activities for more than one year, after which a new permit must be sought. If, however, the applicant has been delayed in proceeding with the work for which the permit was granted for reasons beyond his or her control and demonstrably not due to his or her own negligence, the CEO may renew such permit without additional costs to the applicant.
F.
Occupancy permits.
(1)
Applicability. An occupancy permit shall be deemed to authorize and is required for both initial and continued occupancy and use of the building or land to which it applies. Such permit shall certify that the premises have been inspected and comply with all previously approved plans and all conditions or safeguards attached to the issuance of a zoning permit. It shall also certify that the premises comply with all other applicable requirements of the Township. The following shall be unlawful until an occupancy permit shall have been applied for and issued by the CEO:
(a)
Occupancy and use of a building erected, reconstructed, altered, moved, or any change in the use of an existing building.
(b)
Occupancy use or any change in use of vacant land.
(c)
Any change in use of a nonconforming use.
(d)
Any change in ownership in residential owner-occupied structures and new tenancy in rental facilities.
(2)
Applications. Application for an occupancy permit shall be made on forms furnished by the Township after the building or part thereof has been erected, the change in use has been completed, or the land placed in use. In the case of a change in ownership or tenancy of an existing residential building, an occupancy permit shall be applied for by the owner of such a building upon the sale or rental respectively. Application for an occupancy permit shall be accompanied by payment of the required fee.
(3)
Action by the CEO.
(a)
The CEO shall, within 15 days of application filing, inspect the premises and either certify compliance with the previously approved plans and all conditions and safeguards stated upon issuance of a zoning permit or deny such certification. In the case of a change in use of an existing building or vacant land (when no zoning permit is required), the CEO shall verify compliance with the applicable zoning regulations.
(b)
Upon establishment of compliance in any of the aforementioned cases, the CEO shall note his certification on the occupancy permit form in one column designated for zoning inspections. The certified occupancy permit form shall be forwarded to the CEO for further processing.
(c)
If the CEO's certification of the occupancy permit form is denied, the CEO shall state in writing the reasons for such denial.
G.
Fees.
(1)
The Commissioners shall establish by resolution a schedule of fees, charges, expenses and collection procedures for building permits, sign permits, special exceptions, variances, appeals, amendments, and other matters pertaining to this chapter.
(2)
A schedule of fees shall be posted in the office of the CEO or Township Manager and may be altered or amended by the Board of Commissioners only.
(3)
The cost of permits shall be based on a fee schedule as established from time to time by the Commissioners.
(4)
No action shall be taken on any application for any special exception, variance, appeal, or other similar matter pertaining to this chapter until all application fees, charges and expenses have been paid in full.
H.
Enforcement remedies.
§ 395-176 Amendments.
A.
Power to amend. The regulations, restrictions, boundaries, requirements set forth in this chapter may be amended, supplemented, changed or repealed by the Township Commissioners by amending this chapter in accordance with Sections 609, 609.1 and 609.2 of the Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
Procedure for amendment.
(1)
An ordinance amending, supplementing or changing the district boundaries (Zoning Map) or the regulations established herein may be initiated:
(a)
By the Board of Township Commissioners, upon its own initiative or upon recommendation of the Planning Commission.
(b)
Upon a petition to the Township Commissioners signed by the owners of 50% or more of the owners of the frontage properties of any area which shall be between two streets wherein a change of zoning regulations is being sought.
(2)
Before voting on the enactment of an amendment, the Commissioners shall hold a public hearing thereon pursuant to public notice. If the proposed amendment involves a map change, notice of said public hearing shall be conspicuously posted along the perimeter of the tract at least one week prior to the hearing.
(3)
The Commissioners shall submit each proposed zoning amendment, other than one prepared by the Planning Commission to the Planning Commission at least 30 days prior to any hearing which is to be held on the proposed amendment to provide the Planning Commission with an opportunity to submit its recommendations prior to final action.
(4)
If, after any public hearing held upon an amendment, the proposed amendment is revised or further revised to include land previously not affected by it, the Commissioners shall hold another public hearing as required by law pursuant to public notice before proceeding to vote on the amendment.
(5)
As required by the Planning Code, a copy of any proposed zoning amendment shall also be sent to the County Planning Commission at least 30 days prior to any hearing on the proposed amendment in order to provide the County Planning Commission an opportunity to submit its recommendations prior to final action on the amendment.
(7)
Within 30 days after enactment, a copy of the amendment to this chapter shall be forwarded to the Delaware County Planning Department.
C.
Applications for amendment. All applications for amendment to this Zoning Ordinance which involve a Zoning Map change may be required to submit any of the following impact studies, per the discretion of the Commissioners, or any other information the Commissioners determine necessary for them to render a decision on such application.
(1)
Transportation impact study. This written study will allow the Township to assess the impact of a proposed amendment on the traffic system. Its purpose is to ensure that the proposed amendment does not adversely affect the traffic network and to identify any traffic problems associated with access from the site onto the existing roads. The study's purpose is also to delineate solutions to potential problems and to present necessary improvements.
(2)
Fiscal impact study. This written study will provide an identification of the economic and fiscal characteristics related to the proposed amendment. The characteristics which shall be presented in narrative form shall include a profile of the Township, county, and school district revenues that the proposal may generate and the Township, county and school district costs it may create.
(3)
Environmental impact assessment (EIA) report. This study will provide a written assessment which objectively describes, analyzes and documents both the beneficial and adverse effects of a proposed amendment on the environmental, historic and cultural resources and the measures to be undertaken to mitigate adverse effects in accordance with the provisions set forth in the Ordinance and all other Township ordinances. Specific emphasis shall be directed toward the proposed amendment's effects on and relationship to the applicable site, neighborhood (including areas in adjacent municipalities where applicable) and Township-wide resources, conditions or characteristics. The EIA report shall include text, tables, maps and analyses for the purpose of describing the project site, proposed uses(s), environmental characteristics and the environmental effects of the proposal, to the satisfaction of the Township.