May 26, 2017

Resale, Use and Occupancy Certificates

RESALE, USE, and OCCUPANY CERTIFICATES are now REQUIRED in Middle Smithfield Township


On Thursday, May 25, 2017, the Board of Supervisors adopted Ordinance 214 amending the Code of Ordinances of the Township of Middle Smithfield adding chapter 179 entitled “Use and Occupancy of Real Property”. This regulates the use and occupancy of leased properties and properties in which title of ownership is transferred in order to ensure that the use and occupancy of such properties will be conducted in accordance with public health, safety, and welfare.


So, what does this mean for you?


Owners of a Business or Residential Building desiring to lease or sell the building, or portion thereof, must apply for and obtain a Use and Occupancy Certificate from the Building Inspector of the Township of Middle Smithfield no later than fifteen days prior to leasing or sale. The certificate issued is valid for thirty days from the date of issuance.


The application includes a checklist of basic building and zoning codes that will be inspected and should be compliant prior to inspection. For buyers, this does NOT replace the standard home inspection recommended prior to purchase.


Any violations found during inspection, will NOT impede the sale or rental. A “Temporary Use and Occupancy Certificate” or “Temporary Access Certificate” will be issued with time allowed to correct the violations.


Why did we do this?  A Move In / Move Out application triggers a few things, and helps the township be more proactive in pre-empting issues and providing incentives.  For example:

  • It lets our Economic Development Manager know of new businesses coming into the township, and she can reach out to them to see if they need any help, and introduce them to the many services our Economic Development Committee can provide
  • It lets our Sewer Manager know of a possible change of use that might trigger an adjustment in the number of EDU’s a property is being billed.  It also lets her know to send out information regarding the township’s sewer financing program.
  • Can help improve rental properties



If you have any questions, would like additional information or would like to obtain a copy of Chapter 179 or application, please contact Judith Acosta in the Zoning Office at 570-223-8920 ext. 128 or by email at