[HISTORY: Adopted by the Board of Commissioners of the Township
of Stowe 10-11-2016 by Ord. No.
995. Amendments noted where applicable.]
The requirements of this chapter shall be applicable to every
property owner in the C-1 and C-2 Zoning Districts in the Township
of Stowe and to each owner of any property in the C-1 and C-2 Zoning
Districts which has a vacant ground-floor space that has been vacant
for more than 90 consecutive days.
As used in this chapter, the following words and phrases shall
have the meanings indicated unless the context clearly indicates a
different meaning:
A room typically used for storage and mechanical equipment
that is located in the basement of a building and is not used for
commercial or residential purposes.
Any floor of a building with direct access to grade, that
is located less than one story above or less than one story below
grade, provided that no portion of a floor that constitutes a cellar
(as defined in this article) shall constitute a ground floor).
Improved real estate, including buildings or structures;
A building or structure space shall be deemed to be vacant
if no persons currently conduct a lawfully licensed use in said space
or, in the case of a lawfully licensed business use, is not open and
accessible to the public for at least 24 hours during any consecutive
seven-day period;
A.
During each calendar year, the municipality will identify ground-floor
spaces in the C-1 and C-2 Zoning Districts that are deemed vacant
as defined by this chapter.
B.
The vacancy start date shall be the date of mailing of a written
notification by the municipality that the subject property's
ground-floor space has been identified as vacant. On the 90th day
after the start date, should said ground-floor space remain vacant
as defined in this chapter, the owner of the building in which said
vacant space is present shall be required to pay a vacant property
monitoring fee, to be established by resolution of the municipality
(currently $500).
C.
There shall be no proration of the monitoring fee.
D.
The monitoring fee shall not be imposed on vacant properties, as
defined in this chapter, that are the subject of an active building
permit for repair or rehabilitation and the owner is progressing diligently
to complete said repair or rehabilitation.
A.
The monitoring fee, as required herein, shall be waived in full by the municipality if, by the 90th day after written notification as described in § 517-3 herein, all of the following conditions are present:
(1)
The street-level building components in which said ground-floor vacancy
is identified are clean (including glass inside and out). A minimum
of 70% window transparency must be maintained;
(2)
The property is not in violation of any provision of Chapter 511, Property Maintenance, or any other municipal ordinance;
(3)
A professionally produced legal sign is prominently displayed promoting
the vacant space for sale and/or for lease, providing (at least) a
contact phone number for information and showings. Handwritten signs
are not permitted; and
(4)
All local taxes are paid in full.
B.
The monitoring fee waiver may be revoked by the municipality if any
of the above-required conditions is not in place continuously until
the vacant condition no longer exists.
If any section, subsection, sentence, or clause of this chapter
is held, for any reason, to be invalid, such decision or decisions
shall not affect the validity of the remaining portions of this chapter.
