Township of Richland, PA Part 13 BUILDING AND OCCUPANCY PERMITS AND DUTIES OF THE ZONING OFFICER

§ 27-1301 Building and Occupancy Permits; Duties of the Zoning Officer.

[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]

A. Administration and Enforcement.

(1) Appointment and Powers of Zoning Officer.

(a) For the administration of this chapter, a Zoning Officer, who shall not hold any elective office in the Township, shall be appointed.

(b) The Zoning Officer shall meet the qualifications established by the Township and shall be able to demonstrate to the satisfaction of the Township a working knowledge of municipal zoning.

(c) The Zoning Officer shall administer 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.

(d) The Zoning Officer is hereby authorized to institute civil enforcement proceedings as a means of enforcement when acting within the scope of his employment.

(2) If the Zoning Officer shall find that any provisions of this chapter are being violated, he shall notify the owner of the lot upon which such violation is occurring by registered mail, such notice being deemed adequate if persons other than the owner are perpetrating the alleged violation.

(3) Communications regarding violations shall indicate the nature of the violation by specific paragraph relied on and shall order the action necessary to correct it.

(4) Such communications shall order the discontinuance of illegal uses of land or structures, or the removal or moving of illegal structures or additions or alterations thereto, 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.

(5) The Zoning Officer shall allow the owner of a lot upon which a violation of this chapter has been noted a period of up to 30 days, at the option of the Zoning Officer, to carry out the required action. At the conclusion of the period within which the owner is obliged to correct the violation, he shall be subject to penalty as required by Part 16 of this chapter, with each day that the violation remains uncorrected being a separate penalty. The Zoning Officer's notice shall indicate specifically the date on which the owner shall first be subject to penalty.

(6) All questions of interpretation 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.

(7) 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, in time for its February regular meeting, to the Board of Supervisors.

(8) The Zoning Officer shall receive and process all requests for reasonable accommodation under the Fair Housing Amendments Act or the Americans with Disabilities Act, as applicable. Criteria and procedures for the handling of such requests shall be in accordance with § 27-1801.

B. Building Permits.

(1) No building or structure shall be erected, moved, expanded or structurally altered without a permit for such action having been issued by the Zoning Officer. Building permits shall be required for construction of fences, exterior walls and patios, but not for the installation or paving of walks or residential driveways when no earthmoving is involved or for erection of small auxiliary structures less than 100 square feet in floor area and not on a permanent foundation.

(2) Applications for building permits shall be made to the Zoning Officer for the project to be covered by the permit, using forms supplied by him. The permit shall bear the signatures of both the general contractor and the owner of the project.

(a) No building permit shall be issued until all other required permits have been obtained from any other office or agency (local, state, county, and federal).

(b) No building permit shall be issued until the Zoning Officer determines whether a stormwater management plan is necessary for the project to be covered by the permit and, if so, finds that an approved plan meeting the requirements of Chapter 22, Subdivision and Land Development, has been submitted.

(3) Applications shall include the following, in duplicate:

(a) A site plan of the lot upon which the proposed construction is to occur, drawn to scale and dimensioned, showing the following, where applicable:

[1] The boundaries of the lot, indicating dimensions and total area, and the names of record of owners of abutting properties.

[2] Public streets abutting the lot, indicating the right-of-way and pavement width.

[3] Public utilities in the streets abutting the lot and/or in easements running across the lot, identified by type and line size.

[4] Existing buildings on the lot and the approximate location of walls of buildings or structures within 50 feet of the lot boundaries on adjacent properties.

[5] The proposed building or structure, indicating height, and dimensions between the building or structure and all lot boundaries.

[6] The location of proposed parking and loading areas and drives, indicating the number of parking spaces pursuant to Part 9 of this chapter.

[7] The location of proposed signs. (See also Part 10 of this chapter.)

[8] Topographical information for the area to be developed, at five-foot contour intervals, showing grade changes proposed and means of collecting and disposing of stormwater.

[9] The seal of approval of 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.

(b) A narrative statement indicating:

[1] The proposed use of the structure to which the permit applies and the use of other buildings or structures on the lot, if any.

[2] 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.

[3] If the building or structure is part of a larger complex of buildings or structures to be erected over time on the same lot, an indication of the location and scheduling of future construction.

[4] If the building or structure is for commercial, industrial or multifamily residential use, the area of the lot to be occupied on the ground by the building or structure.

[5] A statement giving the developer permission to build if the developer and owner of the land are not the same person or corporation.

(c) The Zoning Officer may waive portions of these requirements where interior work or construction not affecting the outside dimensions of an existing building is involved or where no site work is included.

(d) The Zoning Officer may, to satisfy requirements of other development ordinances adopted by Richland Township, expand the application form to secure additional information necessary to assure conformance with such other development ordinances.

(e) Building plans and specifications as required by the Building Code.[1]

[1] Editor's Note: See Ch. 4, Buildings, and Ch. 5, Construction Codes.

(4) If the application is satisfactory, the Zoning Officer shall inspect the premises where the construction is proposed to occur and shall satisfy himself that the structure will be located as specified on the application and that construction can take place on the site without violating this chapter or any other Township ordinance. Upon completing his inspection and finding the application and premises compatible, the Zoning Officer shall approve the application and return one copy of the documents together with a signed building permit authorizing the applicant to proceed.

(5) If the application is not satisfactory, the Zoning Officer shall return all but 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.

(6) The Zoning Officer shall visit the lot whereon the approved construction is taking place in order to assure himself that the work is proceeding in accordance with the application documents. If new construction is proposed to occupy area previously open, the construction relative to adjacent lot lines and may order the owner to have stakes positioned by a registered surveyor to indicate the lot line and outline of the new construction. Subsequently the Zoning Officer, depending on the type of construction proposed, shall visit the site after pouring of foundation footers, at the conclusion of erection of structural members and rough-in carpentry, and upon completion of the structure. The Zoning Officer shall not be denied access to the lot 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 approved application documents.

(7) If an applicant wishes to amend the use, arrangement or construction of the structure from that shown on the application documents after such documents are approved, he shall file with the Zoning Officer an application for a building permit to cover the proposed amendment. All work shall conform to the approved application documents for which the permit has been issued and any approved amendments thereto.

(8) A building permit shall become void if, after six months from the date of issue, construction for which the permit was issued has not commenced and been vigorously pursued. The life of a building permit shall be one year from the date of issue. Permits may be extended for not more than one additional year on large projects for which the value of the permit is in excess of $100,000, upon request of the permit holder when the permit is originally issued. To continue uncompleted construction after the expiration of a building permit, the permit holder shall apply for a new permit, for which a fee representing the value of the work to be completed shall be collected. Failure to renew a permit after expiration shall be a violation of this chapter and subject to penalty under Part 16 of this chapter.

C. Occupancy Permits.

(1) For new use or expansion of existing uses:

(a) Upon completion of the entire 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.

(b) The Zoning Officer shall inspect the premises and, if satisfied that all conditions of the building permit 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.

(c) 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 these corrections have been made. The contractor shall be responsible for requesting a reinspection after violations have been corrected, and the Zoning Officer shall not issue an occupancy permit until all violations have been corrected.

(d) It shall be a violation of this chapter for a new structure to be occupied without an occupancy permit first having been issued.

(2) For changing existing uses:

(a) If a lot owner wishes to change the use of any building or structure on the lot (or properties) he owns, or if a new owner seeks to occupy a lot that is used for commercial or industrial purposes, he shall apply to the Zoning Officer for an occupancy permit. Changes for which an occupancy permit shall be required include addition of a dwelling unit or units in the structure, introduction of a home occupation, conversion of a use, or continuation of the use of a commercial or industrial lot by a new owner. The Zoning Officer shall first determine that no building permit is needed to effect the proposed change; but if so, the developer shall proceed as under Subsection C(2)(b) of this § 27-1301.

(b) If the Zoning Officer is satisfied that such change is in conformance with all requirements of this chapter and of other development ordinances of Richland Township, he shall issue an occupancy permit.

(c) Applications for occupancy permits for a change of use that are denied by the Zoning Officer may be appealed to the Zoning Hearing Board.

(d) It shall be the responsibility of the owner of a lot to determine that any persons leasing or subleasing the premises will use them only for activities permitted by this chapter; and if a use is contemplated or undertaken by a lessee or sublessee which is not permitted, or is permitted only as a special exception, it shall be the responsibility of the owner to either secure permission from the Township for the use or to remove the use from the premises.

D. Certificate of Zoning Compliance.

(1) It shall be unlawful to use or occupy or permit the use or occupancy of any building, structure, land or premises, or part thereof, hereafter created, erected, changed, converted or enlarged in its use and structure until a certificate of zoning compliance shall have been issued therefor by the Zoning Officer stating that the proposed use of the building, structure or land conforms to the requirements of this chapter.

(2) Every application for a building permit shall be deemed to be an application for a certificate of zoning compliance.

(3) No certificate of zoning compliance shall be issued until the erection, construction or alteration has been completed, or the use established, and inspected and approved by the Zoning Officer, provided that the certificate shall be issued or written notice shall be given to the applicant stating why a certificate cannot be issued no later than five days after the Zoning Officer is notified, in writing, that the building or premises is ready for occupancy.

(4) A temporary certificate of zoning compliance may be issued by the Zoning Officer for a period not to exceed six months during alteration or partial occupancy of a building pending its completion, provided that such temporary certificate may require such conditions and safeguards as will protect the safety of the occupants and the public.

(5) It shall be unlawful for any owner to sell any building, structure, land or premises, or part thereof, or interest therein, situate in the Township unless the owner shall first deliver to the purchaser at or prior to the time for settlement a certificate of zoning compliance indicating the legality of the existing use of the lot to be sold.

(6) A certificate of zoning compliance may be revoked or suspended by the Zoning Officer if he finds that the holder of the certificate has failed to comply with conditions attached to the issuance of the certificate or if he finds that the building or use does not comply with the requirements of this chapter.

(7) In all cases under this § 27-1301, a fee shall be charged for a certificate of zoning compliance. Such fees shall be established by resolution of the Board of Supervisors.

E. Notice. In any case in which mailed notice or electronic notice is required by this act, the following shall apply:

[Added at time of adoption of Code (see Ch. AO)]

(1) An owner of a tract or parcel of land located within the Township or an owner of the mineral rights in a tract or parcel of land within the Township may request that the Township provide written or electronic notice of a public hearing which may affect such tract or parcel of land.

(2) Mailed notice shall be required only if an owner of a tract or parcel of land located within the Township or an owner of the mineral rights in a tract or parcel of land within the Township has made a written request that the notice be mailed and has supplied the Township with a stamped, self-addressed envelope prior to a public hearing.

(3) Electronic notice shall be required only if an owner of a tract or parcel of land located within the Township or an owner of the mineral rights in a tract or parcel of land within the Township has made a written request that notice be sent electronically and has supplied the Township with an electronic address prior to a public hearing and only if the Township maintains the capability of generating an electronic notice. An owner of a tract or parcel of land located within the Township or an owner of the mineral rights in a tract or parcel of land within the Township making the request and supplying an electronic address may at any time notify the Township that the owner of the tract or parcel of land located within the Township or the owner of the mineral rights in the tract or parcel of land within the Township no longer will accept electronic notice, and, in that event, the Township may no longer provide electronic notice.

(4) An owner of a tract or parcel of land located within the Township or an owner of the mineral rights in a tract or parcel of land within the Township who has requested a mailed notice shall be solely responsible for the number, accuracy and sufficiency of the envelopes supplied. The Township shall not be responsible or liable if the owner of a tract or parcel of land located within the Township or an owner of the mineral rights in a tract or parcel of land within the Township does not provide to the Township notice of any changes in the owner's mailing address.

(5) An owner of a tract or parcel of land located within the Township or an owner of the mineral rights in a tract or parcel of land within the Township who has requested electronic notice shall be solely responsible for the accuracy and functioning of the electronic address provided to the Township. The Township shall not be responsible or liable if the owner of a tract or parcel of land located within the Township or an owner of the mineral rights in a tract or parcel of land within the Township does not provide to the Township notice of any changes to the owner's electronic address.

(6) The Township shall deposit a mailed notice in the United States mail or provide electronic notice not more than 30 and not less than seven days prior to the scheduled date of the hearing as shown on the notice.

(7) For each public hearing, the Township Secretary or Zoning Officer shall prepare, sign and maintain a list of all mailed notices, mailing dates, electronic notices and electronic notice dates. The signed list shall constitute a presumption that the notice was given.

(8) The mailed notice shall be deemed received by an owner of a tract or parcel of land located within the Township or an owner of the mineral rights in a tract or parcel of land within the Township on the date deposited in the United States mail.

(9) The electronic notice shall be deemed received by an owner of a tract or parcel of land located within the Township or an owner of the mineral rights in a tract or parcel of land within the Township on the date the Township electronically notifies the owner.

(10) Failure of an owner of a tract or parcel of land located within the Township or an owner of the mineral rights in a tract or parcel of land within the Township to receive a requested mailed notice or electronic notice shall not be deemed to invalidate any action or proceedings under this act.