Township of Honey Brook, PA ADMINISTRATION AND ENFORCEMENT

Under a mistake of fact.

Contrary to the law or the provisions of this Chapter.

On the basis of any false statement or misrepresentation of fact in the application or on the plans on which the permit or approval was based, if it is found that work performed or the use to which the property is put is not in conformance with the application.

Maintain a map showing the current zoning classification of all land in the Township.

Upon the request of the Board of Supervisors, the Planning Commission, or the Zoning Hearing Board, present to such bodies facts, records, or reports to assist them in making decisions.

Submit monthly to the Board of Supervisors a written statement of all permits, violations, and stop-work orders recommended or promulgated.

Review and issue determinations on applications from landowners seeking to register a use or structure as legally nonconforming, in accordance with the terms of § 27-1103 of this Chapter.

§ 27-1204 Building Permits and Zoning Permits.

[Ord. No. 196-2018, 9/12/2018; as amended by Ord. No. 197-2019, 7/10/2019]

A building permit and/or zoning permit shall be required, in accordance with regulations promulgated by the Township, where a building or structure is to be erected, constructed, reconstructed, structurally altered, or moved. The Township shall determine whether the construction would require a building permit or a zoning permit.

Application for and issuance of a building permit, and the work to be performed under the terms of any building permit, shall conform to the requirements of the Uniform Construction Code adopted by Chapter 5, Part 1.

Application for and issuance of a zoning permit, and the work to be performed under the terms of any zoning permit, shall conform to the requirements of the Honey Brook Township Zoning Ordinance [this chapter] and other applicable codes and regulations.

No permit shall be issued until the Zoning Officer has certified that the proposed use complies with all provisions of this chapter and all other applicable regulations of the Township, Honey Brook Borough Authority (where applicable), Northwestern Chester County Municipal Authority (NCCMA) (where applicable), other public water or sewer authority (where applicable), or private water or sewer utility company (where applicable), Chester County, conservation agencies (where applicable), and the Commonwealth of Pennsylvania, and has inspected the property as necessary to confirm compliance.

The application for a building or zoning permit shall include:

(a)

A statement of the proposed use of the property, structure or building.

(b)

Three copies of any approved plot plan, land development plan, or other data and information deemed appropriate by the Zoning Officer to evaluate compliance with this chapter and other applicable regulations.

(c)

Three copies of any supplemental plans and/or information as required by the Pennsylvania Uniform Construction Code for any proposed building or structure under application.

(d)

Where the property that is the subject of the application is subject to any conservation easement or similar deed restriction, the application shall include a copy of said conservation easement or deed restriction. Furthermore, additional copies of all application materials shall be provided by the applicant for the Township's distribution to the parties with an interest in the easement or deed restriction.

(e)

Where the property that is the subject of the application is located in the Honey Brook Borough Authority (HBBA) water service area, or the service area of another water authority, or the service area of a private water utility company, the application shall contain an additional copy of all application materials for the Township's distribution to the applicable water authority or private water utility company for review.

(f)

Where the property that is the subject of the application is located in the Northwestern Chester County Municipal Authority (NCCMA) sewer service area, or the service area of another sewer authority, or the service area of a private sewer utility company, the application shall contain an additional copy of all application materials for the Township's distribution to the applicable sewer authority or private sewer utility company for review.

(g)

Any other information as required by the Uniform Construction Code.

Within 15 business days after receipt of the zoning permit application, the Zoning Officer shall either approve or deny the zoning permit application and notify the applicant accordingly. If the application is denied, the Zoning Officer shall provide the applicant, in writing, the reasons for the denial.

Building permits subject to the Pennsylvania Uniform Construction Code shall be processed in accordance with the time frames and procedures established within the code.

§ 27-1205 Requirement for Use and Occupancy Permit.

[Ord. No. 196-2018, 9/12/2018]

It shall be unlawful for any person to use or occupy any building, other structure, or land until a use and occupancy permit has been duly issued.

A use and occupancy permit shall be required prior to any of the following:

Use and occupancy of any building or other structure hereafter erected or altered for which a building permit is required.

Change in the use of any building or structure or any part thereof.

Use of land or change in the use thereof, except that the use of vacant land or change in use for cultivation shall not require a use and occupancy permit.

Change in use or extension of a nonconforming use.

Operation of any home occupation as may be provided under terms of this Chapter.

It is the responsibility of the property owner to notify the Zoning Officer of a change in use of a building or structure or any part thereof or the completion of any activity authorized by a building permit.

§ 27-1206 Application for Use and Occupancy Permit.

[Ord. No. 196-2018, 9/12/2018; amended by Ord. No. 197-2019, 7/10/2019]

Any application for a use and occupancy permit shall be made in writing by the landowner or his authorized agent on a form furnished by the Township. The application shall contain all information necessary to enable the Zoning Officer to determine compliance with this chapter and other applicable regulations. As determined by the Zoning Officer, and unless already otherwise provided at time of building or zoning permit application, applications shall be accompanied by:

Three copies of any architectural plans or design information for any proposed building, structure, or alteration under application, if required by the Township Building Code Official.

Where the property that is the subject of the application is subject to any conservation easement or similar deed restriction, the application shall include a copy of said conservation easement or deed restriction. Furthermore additional copies of all application materials shall be provided by the applicant for the Township's distribution to the parties with an interest in the easement or deed restriction.

If the activity triggering the requirement for a use and occupancy permit has not been approved through the Township's Subdivision and Land Development process (Chapter 22), but is to be served by a public sewer or water authority or private sewer or water utility company, and involves a new sewer or water connection or a potential increase in either sewer discharge through an existing sewer connection or water usage through an existing water connection, then the applicant shall provide written confirmation from such public sewer or water authority or private sewer or water utility company that it has either issued a permit or approval for such activity or that no such permit or approval is required.

§ 27-1207 Issuance of Use and Occupancy Permit.

[Ord. No. 196-2018, 9/12/2018]

No use and occupancy permit shall be issued until the Zoning Officer has certified that the proposed use complies with all provisions of this chapter and all other applicable regulations of the Township, Honey Brook Borough Authority (where applicable), Northwestern Chester County Municipal Authority (NCCMA) (where applicable), other water or sewer authority (where applicable), or private water or sewer utility company (where applicable), Chester County, conservation agencies (where applicable), and the Commonwealth of Pennsylvania, and has inspected the property to confirm compliance.

[Amended by Ord. No. 197-2019, 7/10/2019]

Within 15 days after receipt of the application, the Zoning Officer shall either approve or deny the application and notify the applicant accordingly. If the application is denied, the Zoning Officer shall provide the applicant, in writing, the reasons for the denial.

Upon approval of an application, the Zoning Officer shall issue a use and occupancy permit to the applicant for the use indicated on the approved application.

Upon request, the Zoning Officer may issue a temporary use and occupancy permit for a period not to exceed six months to enable partial occupancy of a building pending completion of construction or alteration. The Zoning Officer may attach conditions and safeguards to such a temporary occupancy permit to protect the occupants and the public.

§ 27-1208 Permits for Temporary Uses.

[Ord. No. 196-2018, 9/12/2018]

The Zoning Officer may issue a permit for the following temporary uses:

Sales and Construction Trailers. Temporary structures, located on a tract undergoing development, that are utilized for construction management purposes may, while serving that function, remain on the tract only during active development of the property. Removal shall occur immediately upon completion of the development process. Sales trailers may be located on such a tract only during active development of the property, but shall be removed no later than one year following the start of construction.

Temporary Dwelling Units. A temporary dwelling unit, whether stationary or mobile, may be placed on a lot where an existing dwelling has been damaged or destroyed and is being rebuilt, or is being remodeled. The applicant shall demonstrate that a permanent use, in compliance with the applicable terms of this Chapter, is being pursued with due diligence and that the temporary dwelling unit will be utilized for the minimum practical time period and removed immediately upon the expiration of that period. The temporary use permit shall be issued for a time period not to exceed one year, and may be extended only in accordance with the terms of the Pennsylvania Uniform Construction Code [Chapter 5, Part 1].

A building permit shall be required to address adequate anchoring/tie-down, electrical service, and water/sanitation concerns.

A use and occupancy permit shall be required prior to the utilization of any temporary structure, and shall be issued only in accordance with the terms of this Section.

Any temporary structure shall comply with all applicable area and bulk regulations for the zoning district in which it is to be situated.

§ 27-1209 Determination of Fees.

[Ord. No. 196-2018, 9/12/2018]

Permit Applications. Application fees for permits governed by this Chapter, including use and occupancy permits, temporary use permits, sign permits, and building permits, shall be paid in accordance with a fee schedule adopted by resolution of the Board of Supervisors.

Applications or Appeals before the Board of Supervisors or Zoning Hearing Board.

Upon submission of an application or appeal before either the Board of Supervisors or the Zoning Hearing Board, the applicant shall deposit an amount of money in accordance with a schedule of applicant expenses, adopted by resolution of the Board of Supervisors.

If, at any time, the charges then made against the applicant's deposit shall reduce the remaining balance to an amount less than 15% of the initial deposit amount and thereby render the balance insufficient to insure payment of all expenses that may accrue in the disposition of the pending appeal or application, the applicant shall, upon notice from the Township, provide additional deposits to assure adequate funds to pay such expenses as they may accrue.

The failure of the Township or the Zoning Hearing Board to require and obtain additional deposits from time to time shall not relieve the applicant from liability for expenses in excess of deposits.

Any amount deposited in excess of actual final expenses shall be refunded to the applicant.

The applicant shall be responsible for all costs related to the public hearing that are authorized by and consistent with the Municipalities Planning Code, 53 P.S. § 10101 et seq.

Responsibility for the costs of a conditional use hearing shall be the same as those specified in the Municipalities Planning Code, 53 P.S. § 10101 et seq., for a hearing before the Zoning Hearing Board.

(7)

An application for conditional use, special exception, variance, validity challenge, curative amendment, petition for a zoning change, or appeal shall not be deemed complete or to have been filed until all application fees, charges, and expenses have been paid in full. Required fees shall accompany the application.

§ 27-1210 Enforcement Notice.

[Ord. No. 196-2018, 9/12/2018]

If it appears to the Township that a violation of this Chapter has occurred, the Township shall initiate formal enforcement proceedings by sending an enforcement notice as provided in this Section. The Zoning Officer may informally request compliance prior to instituting formal proceedings.

The enforcement notice shall be sent to the owner of record of the parcel in 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.

An enforcement notice shall state at least the following:

The name of the owner of record and any other person against whom the Township intends to take action.

The location of the property in violation.

The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of this Chapter.

The date before which the steps for compliance must be commenced and the date before which the steps must be completed.

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.