The Zoning Officer shall meet qualifications established by
the Township Council and shall be able to demonstrate to the satisfaction
of the Township Council a working knowledge of municipal zoning. He
shall be appointed by Township Council and shall not hold any elected
office in the municipality.
A.
The Zoning Officer shall administer and enforce this chapter in accordance
with its literal terms, and shall not have the power to permit construction
or any use or change of use which does not conform to the Zoning Ordinance.
B.
If the Zoning Officer shall find that any provisions of this chapter
are being violated, he shall notify the owner of the property upon
which such alleged violation is occurring by certified mail, return
receipt, with a copy to tenants occupying the property, if any, such
notice being deemed adequate even if persons other than the owner
are perpetrating the alleged violation.
C.
Communications regarding violations shall indicate the nature of
the violation and shall order the action necessary to correct it.
D.
Such communications shall order the discontinuance of illegal uses
of land or alterations hereto, as well as any other action necessary
to assure compliance with or prevent violation of this chapter, and
shall indicate the owner's alternative actions under the terms
of this chapter.
E.
Any apparent violation of the Zoning Ordinance observed by the Township
of Hampton officials shall initiate the following enforcement proceedings:
(1)
An 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 municipality 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 provisions
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 a prescribed period of time in accordance
with procedure set forth in this chapter.
(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.
F.
All questions of interpretations of this chapter shall be first presented
to the Zoning Officer and such questions shall be considered by the
Zoning Hearing Board only on appeal from the decision of the Zoning
Officer.
G.
The Zoning Officer shall keep records of all applications either
approved or disapproved, including one copy of each permit issued,
shall maintain a journal of his activities and shall submit a report
annually to the Township Council.
A.
A building permit issued by the Zoning Officer and/or Building Inspector
shall be required for all new construction, additions or alterations
affecting exterior dimensions of existing structures, or any structural
changes.
(1)
No building permit shall be issued until the stormwater plan for the property lot has been approved in accordance with Chapter, 266 Stormwater Management, as amended, Article IX or § 310-62 of this chapter, as appropriate. Further, the Township shall not issue the permit until any required floodplain, dam safety or obstructions, or erosion and sedimentation approvals/permits have been received from the Allegheny County Conservation District, the United States Natural Resources Conservation Service (NRCS) and/or the Pennsylvania Department of Environmental Protection (DEP). Copies of the approvals/permits must be filed with the Township. The application shall demonstrate that the construction of the structure for which the permit is applied for satisfactorily complies with all applicable provisions of this chapter and of all other ordinances of the Township and of the county, state and federal statutes or ordinances.
(2)
Building permits will not be required for painting, masonry
repainting; roofing and residing; repaving existing residential driveways,
patios or courts; replacing windows or doors with no change of dimensions.
B.
Applications for building permits shall be made to the Zoning Officer
upon forms supplied by the Township.
C.
Applications shall include the following, if applicable, in duplicate:
(1)
A site plan/survey of the property upon which the proposed construction
is to occur, drawn to scale and dimensioned, showing:
(a)
The boundaries of the property, indicating dimensions and total
area.
(b)
Public streets abutting the property indicating right-of-way
width.
(c)
Stormwater management plan, including inlets, piping, stormwater
retaining vessel and discharge system.
(d)
Public utilities in the streets abutting the property and/or
in easements running across the property.
(e)
Existing buildings on the property and approximate location
of walls of buildings or structure within 50 feet of the property
boundaries on adjacent properties.
(f)
The proposed building or structure, indicating height and dimensions
between building or structure and all property boundaries.
(g)
The location of proposed parking and loading areas and drives,
if applicable, indicating the number of parking spaces.
(h)
The location of proposed signs, if applicable.
(i)
Topographical information for the area to be developed at two-foot
contour intervals, showing grade changes proposed and means of collecting
and disposing of stormwater.
(j)
For commercial buildings, the seal of approval from the State
Department of Labor and Industry, if applicable, or in lieu of such
seal, the M.A. number and file number of the project as carried by
the Department.
(k)
The name and address of the property owner and the contractor
on each sheet on the submitted plans.
(l)
A copy of an approved highway occupancy permit from the state,
county or township, as applicable.
(2)
A narrative statement indicating:
(a)
The proposed use of the structure to which the permit applies
and the use of other buildings or structures on the property, if any;
(b)
The number of dwelling units, whether for sale or rent, or commercial
retail or service units, if applicable, that the building is designed
to accommodate;
(c)
If the building or structure is part of a larger complex of
buildings or structures to be erected over time on the same property,
an indication of location and scheduling of future construction;
(d)
If the building or structure is for commercial, industrial or
multifamily residential use, the area of the property to be occupied
on the ground by the building or structure;
(e)
A statement giving the developer permission to build if the
developer and owner of the land are not the same person or corporation;
and
(f)
A statement that the developer has secured a highway occupancy
permit if the property is to have access to a state, county or Township-approved
roadway.
(3)
The Zoning Officer may, to satisfy requirements of other development
ordinances adopted by the Township of Hampton, expand the application
form to secure additional information necessary to assure conformance
with such other development ordinances. The Township and its Zoning
Officer reserve the right to refuse or deny issuance of a building
permit in the event that there are outstanding zoning, property maintenance
code, or other code or ordinance violations with regard to the subject
property, or to condition issuance of same upon an agreement to abatement
such conditions, and in his/her discretion requiring owner to post
escrow or other security to assure same.
(4)
If the Zoning Officer has reason to doubt the proposed location
of new construction relative to adjacent property lines, he may require
that the owner have a registered surveyor position stakes on the property
line and at building corners to confirm that adequate setback of the
building from the property line is maintained.
(5)
If the application is satisfactory, the Zoning Officer shall
approve it and return one copy of the application documents together
with a signed building permit authorizing the applicant to proceed.
The building permit shall be prominently displayed on the site during
construction covered by it.
(6)
If the application is not satisfactory, the Zoning Officer shall
return one set of the application documents together with a letter
indicating the specific reasons why the application cannot be approved
and the changes needed to make it acceptable.
D.
The Zoning Officer shall, from time to time and outside of the regularly
required inspections, visit the property where on the approved construction
is taking place in order to assure himself that the work is proceeding
in accordance with the application documents. The Zoning Officer shall
not be denied access to the property in order to inspect the construction
in progress and may order the work halted pending appeal to the Zoning
Hearing Board or corrected to conform to the application documents.
E.
Any change to the building plans for the construction of the building
from that shown on previously approved documents shall be submitted
to the Zoning Officer and shall be subject to his approval.
F.
A building permit shall become void if construction is not commenced
within 90 days of issuance or if construction or not substantially
completed within 18 months of issuance. Should work cease for 30 days
or more, all construction materials, vehicles, equipment, and signage
related to the project shall be removed from the site; the site and
any unfinished structures secured; and the site shall be re-seeded
as necessary. In such event, the permittee shall notify the Township's
Zoning Officer and obtain reauthorization to resume before work may
recommence.
G.
Permits may be extended for not more than one year at the option of the Zoning Officer if extenuating circumstances not created by the owner or contractor prevent completion within the required time limit. To continue uncompleted construction without or beyond an extension, the owner shall apply for a permit renewal for which a fee representing the work to be completed shall be collected. Failure to renew or extend a permit and to continue work after the permit or extension has expired shall be violation of this chapter and subject to penalties under Article XX.
H.
Unless granted permission otherwise in writing by the Township Zoning
Officer or Township Engineer, all construction activities shall occur
on Mondays through Saturdays (with exception of federal and/or state
holidays recognized as nonworking holidays by the Township) between
the hours of 7:00 a.m. and dusk. Notwithstanding the foregoing, workers
shall be permitted at the construction site to prepare their equipment
for work prior to or subsequent to the above stated work hours (without
operating machinery or equipment).
I.
Each separate freestanding structure shall require a building permit
whether for construction or remodeling.
A.
For new use or expansion of existing uses:
(1)
Upon completion of any building containing more than two dwelling
units or any nonresidential building or structure for which a building
permit has been issued, the contractor or builder for such building
or structure shall apply to the Zoning Officer for an occupancy permit.
(2)
The Zoning Officer shall inspect the premises and, if satisfied
that all conditions of the building permit and other requirements
have been met, shall issue an occupancy permit certifying that the
premises comply with the provisions of this chapter and may be used
for the purposes set forth on the building permit.
(3)
If the Zoning Officer, upon inspection, finds the premises to
have been developed in violation of any of the conditions of the building
permit, he shall order the violations corrected to conform to the
building permit and shall not issue an occupancy permit until satisfied
the corrections have been made.
B.
For changing existing uses in nonresidential districts:
(1)
If a property owner wishes to change the principal permitted use of any building or structure of the property he owns, to any other similar principal permitted use or to a mixed use of the property or if a property owner wishes to change a mixed use of the building or property he owns to a single principal permitted use, he shall apply to the Zoning Officer for an occupancy permit. Changes for which a revised occupancy permit shall be required include addition of a dwelling unit or units in the structure, introduction of a home occupation, conversion from nonconforming to a conforming or less nonconforming use of conversion to another permitted use. If the new proposed use has parking requirements different than the previous use, the procedures set forth in § 310-63, Subsection C, Change of principal permitted use, shall apply.
(2)
If such change is in conformance with all requirements of this
chapter and of other development ordinances of the Township of Hampton,
the Zoning Officer shall issue an occupancy permit.
(3)
Applications for occupancy permits for a change of use that
are denied by the Zoning Officer may be appealed to the Zoning Hearing
Board.
From and after the effective date hereof, any submission (zoning
application, subdivision plan, plat, site plan, request for conditional
use, planned residential development, or other submission) made by
a developer of land to the Township for approval, which submission
has previously obtained the approval of the Township Council (after
having been processed for review to and through the applicable agencies
of the Township, such as the Planning Commission, and the Environmental
Advisory Council, the Township Engineer and the Township Solicitor,
as well as the County Planning Agency), and which development has
not been constructed, implemented, or acted upon by the developer
or such developer's assignees, and/or which development plans
have not been recorded in the Offices of the County Real Estate Department,
as required by the Municipalities Planning Act, or which plat, subdivision
plan, site plan or such other submission has not been appropriately
recorded in any other office as required, may, if the time limits
for continuance of the same or completion of the same have expired,
be resubmitted directly to the Township Council for action to obtain
the necessary reapprovals (without the necessity of resubmitting the
same or recording of the same to the Planning Commission, Environmental
Advisory Council, the County Planning Agency, or any other applicable
agency or require any additional hearings upon the same), provided
that such submission or application for reapproval shall be submitted
to the Township Engineer for his review and approval shall:
A.
Have been filed within one year from the date that the original submission
would or did expire;
B.
The subdivision plan, site plan, or resubmission shall not have changed
in any respect, and that all of the lots, sites, structures, easements,
and other required data shown on such plan shall remain exactly the
same as the original submission;
C.
No amendment has been made to Chapter 280, Subdivision and Land Development, this chapter, or other applicable ordinance of the Township, which would be applicable to the submission or development in question (unless the submission or application shall be protected by the provisions of Section 508 of the Municipalities Planning Act of Pennsylvania, Act 247 of 1968, as amended,[1] or any other section of the Municipalities Planning Act
which may be applicable thereto), and the developer or applicant seeking
reapproval shall not be in default or shall not have breached any
developer's agreement entered into between the developer, or
applicant, and the Township;
[1]
Editor's Note: See 53 P.S. § 10508.
D.
No application or submission has been made to the Township of Hampton
for a different activity or type of development involving the same
land, since the date of the original approval for the land involved;
and
E.
The developer or landowner submitting the application for reapproval
is able to demonstrate good cause why the approval had not been recorded
or acted upon by the developer or landowner within the appropriate
time period. The Township Council, may, in its discretion, after having
reviewed such submission for reapproval, approve the application or
submission and establish a new expiration date within which the reapproved
application must be recorded, or acted upon, or the Township Council
may deny the application for reapproval, and require the developer
or landowner to proceed anew following the entire review process required
for an original application.
