[Ord. 2005-9, 12/29/2005, § 2101]
The provisions of this chapter, in its interpretation and application,
shall be held to be minimum requirements adopted for the promotion
of the public health, safety, morals, and general welfare. Every use,
lot, structure, building, or sign shall conform to all provisions
of this chapter except those exempted by or under this chapter. Nothing
in this chapter shall require any change in plans or construction
of a building for which a building permit has been issued by the Township
prior to the effective date of this chapter and which is completed
within one year of the effective date of this chapter.
[Ord. 2005-9, 12/29/2005, § 2102]
The provisions of this chapter shall be administered and enforced
by the Zoning Officer, who shall be appointed by and serve at the
pleasure of the Board of Supervisors. The Zoning Officer shall meet
qualifications established by the Township and shall be able to demonstrate
to the satisfaction of the Board of Supervisors a working knowledge
of municipal zoning. The Zoning Officer shall administer the chapter
in accordance with its literal terms and shall not have the power
to waive or modify any term or condition of the chapter or permit
any construction or any use or change of use which does not conform
to the chapter. The Zoning Officer may be provided with assistance
of such persons as the Board of Supervisors may direct.
[Ord. 2005-9, 12/29/2005, § 2103]
1.
The Zoning Officer shall be charged with the duty and shall have
the power to enforce the provisions of this chapter and its amendments.
The Zoning Officer shall have such duties and powers as are conferred
upon him by the chapter and as reasonably implied for the purposes
of enforcement. These duties may include, but are not limited to,
the following:
A.
Receive and examine all applications for permits governed by this
chapter and issue such permits only when in conformance with the provisions
of the chapter and with other Township ordinances; provided, however,
that the issuance of a permit shall not be deemed a waiver of the
requirements of any Township ordinance.
B.
Keep an official record of all business and activities, including
complaints of a violation of any of the provisions of this chapter
and of the action taken consequent to each such complaint. All such
records shall be open to public inspection.
C.
Before issuing any permit, and at his discretion, examine or cause
to be examined all buildings, structures, signs, or lands and portions
thereof for which an application has been filed.
D.
Issue cease and desist orders and order, in writing, correction of
all conditions found to be in violation of the provisions of this
chapter. Such written orders shall be served personally, or by constable,
by general mailing, or by certified mail upon persons, firms, or corporations
deemed by the Zoning Officer to be violating the terms of the chapter.
It shall be unlawful for any person to violate any such order lawfully
issued by the Zoning Officer, and any person violating any such order
shall be guilty of a violation of this chapter.
E.
With the approval of the Board of Supervisors, or when directed by
the Board, institute any appropriate enforcement proceedings to prevent
unlawful use; to restrain, correct, or abate violations so as to prevent
the unlawful occupancy or use of any building, structure, or land;
or to prevent any illegal act, conduct, business, or use in or about
such premises.
F.
Revoke a permit issued:
(1)
Under a mistake of fact.
(2)
Contrary to the law or the provisions of this chapter.
(3)
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.
G.
Maintain a map showing the current zoning classification of all land.
H.
Submit monthly to the Board of Supervisors a written statement of
all permits, violations, and stop-work orders recommended or promulgated.
[Ord. 2005-9, 12/29/2005, § 2104; as amended by
Ord. 2006-3, 11/14/2006, § I; and by Ord. 2007-3, 3/29/2007, § 4]
1.
Applications to Zoning Officer.
A.
All applications for zoning permits, building permits, use and occupancy
permits shall be made directly to the Zoning Officer. (Application
to additional county, state, and federal agencies may be required.)
B.
All applications shall be in writing on forms to be furnished by
the Zoning Officer. The number of required copies of applications,
supporting information and documents shall be determined by the Zoning
Officer on an as needed basis.
C.
Lot lines and corner markers shall be accurately located on the lot
by a registered land surveyor and the proposed location of all buildings,
structures, and required improvements shall be located and staked
on the lot for review by the Zoning Officer or designee at the time
of permit application submission.
2.
Zoning Permits.
A.
No person shall erect, alter, or convert any structure, building,
or sign, nor alter any land, nor alter the use of any land or structure
nor any other development, until the Zoning Officer issues a zoning
permit (and, as necessary, a building permit) for said change or construction.
Zoning permits shall be issued in duplicate. One copy shall be kept
conspicuously on the premises, and no person shall perform building
operations or site preparation operations of any kind unless a zoning
permit is being displayed.
B.
A separate zoning permit is required for each use or tenant within
any multi-tenant or multi-use building or on any multi-use parcel
of land. Changes in tenancy, activities, or uses shall require zoning
permits.
C.
Any such permit shall expire and become invalid if: (1) the permitted
construction or change in use is not commenced within 180 days from
the date of issuance of the permit, or (2) the permitted construction
or change of use is not completed within five years from the date
of issuance of the permit.
D.
In the event the project is not completed within five years from
the date of issuance of the permit, the Zoning Officer may grant an
extension of time to complete the project, provided there is no deviation
from the original plan on which the zoning permit was based. Such
extension shall be for the minimum time period necessary, but in no
event shall exceed one year beyond the expiration date of the original
zoning permit, as extended. The extension request shall be submitted
on a form provided by the Township.
E.
The Zoning Officer may issue a work cease and desist order if the
work being done on the premises differs materially from that called
for in the application.
3.
Building Permits.
A.
Except as a building or structure may be exempted under this chapter or otherwise under the Township Building Code (UCC) [Chapter 5, Part 1], a building permit shall be required where a building or structure is to be erected constructed, reconstructed, structurally altered, or moved. An addition to a principal structure, where the proposed additional area is designed to be habitable, shall require a building permit under the terms applicable to a principal structure. Work to be performed under the terms of any building permit shall conform to the requirements of the UCC. No building permit shall be issued until the Zoning Officer or designee has certified that the proposed building, structure, or enlargement complies with the provisions of this chapter and all other ordinances of East Nottingham Township and all applicable state and federal statutes and regulations.
B.
All applications for building permits for principal structures shall
be made in writing on a form furnished by the Township and shall be
accompanied by the following supporting documents:
(1)
A lines and grades plan showing the exact location of each of
the following if applicable: lot boundaries, setback lines, existing
and proposed buildings, ancillary structures (e.g., decks, patios,
etc.), driveway, well, septic system, temporary erosion and sedimentation
control measures, permanent stormwater management facilities, existing
topography (two-foot contours) based on field/aerial photogrammetric
surveys. The lines and grades plan shall be prepared and certified
by a registered professional surveyor.
(2)
If the lot is not part of a recent subdivision with an approved
stormwater management plan and erosion and sedimentation control plan,
then the building permit application shall be accompanied by stormwater
management and erosion and sedimentation control plans prepared by
a professional engineer.
(3)
Permit from the Chester County Health Department for the installation
of an on-site septic system (if applicable) or a letter from the Oxford
Area Sewer Authority confirming hook-up to public sewer (if applicable).
(4)
Permit from the Chester County Health Department for the installation
of an on-site well (if applicable) or a letter from the Chester Water
Authority confirming hook-up to public water (if applicable).
(5)
Driveway permit (if applicable) from the Township for access
to a Township road or from PennDOT for access to a state road.
(6)
In addition to the above, there shall be included with all applications
such other plans, documents, and information as may be necessary to
enable the Zoning Officer to ascertain compliance with this chapter
and all other pertinent ordinances.
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After construction of the foundation and prior to construction
commencing on the remainder of the structure, a foundation as-built
plan shall be submitted demonstrating that the structure is properly
placed on the lot. The as-built plan shall be prepared and certified
by a registered professional surveyor. The Building Inspector shall
review the as-built plan and perform a site inspection. Once he is
satisfied that the structure is properly placed on the lot, he will
authorize commencement of construction.
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C.
All applications for building permits for accessory structures shall
be made in writing on a form furnished by the Township and shall be
accompanied by the following supporting documents:
(1)
A hand-drawn sketch of the lot showing the location of the proposed
accessory structure with the dimensions to the property lines labeled.
(2)
A hand-drawn sketch of the lot showing the size and shape of
the proposed accessory structure.
(3)
In addition to the above, there shall be included with all applications
such other plans, documents, and information as may be necessary to
enable the Zoning Officer to ascertain compliance with this chapter
and all other pertinent ordinances.
4.
Permitted Uses. A zoning permit for a permitted principal or accessory
use may be issued by the Zoning Officer. The Township Planning Commission
or Board of Supervisors may elect to review an application prior to
issuance of a permit. In those cases where subdivision or land development
approval is required for a permitted use, such final approval and
recording of the plan shall be required prior to issuance of a zoning
or building permit.
5.
Permits Required for Mobile Homes.
A.
A building permit shall be required for the placement of a mobile home on any lot, whether or not such lot is located within a mobile home park. The terms of Subsection 3, above, shall be applicable.
B.
No mobile home shall be removed from any mobile home park or any
other lot within East Nottingham Township without first obtaining
a removal permit from the Township Tax Collector or his/her designee,
as required by Pennsylvania Act 54 of 1969, 72 P.S. § 5020-407(e).
Such permit shall be issued upon payment of the required fee and any
real estate taxes assessed against the home and unpaid at the time
the permit is requested.
[Ord. 2005-9, 12/29/2005, § 2105]
1.
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.
2.
A use and occupancy permit shall be required prior to any of the
following:
A.
Use and occupancy of any building or other structure hereafter erected
or altered for which a building permit is required.
B.
Change in the use of any building or structure or any part thereof.
C.
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.
D.
Change in use or extension of a nonconforming use.
E.
Operation of any home occupation as may be provided under terms of
this chapter.
3.
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.
[Ord. 2005-9, 12/29/2005, § 2106]
1.
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,
applications shall be accompanied by:
A.
One copy 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.
B.
One copy of the architectural plans for any proposed building or
structure under application.
[Ord. 2005-9, 12/29/2005, § 2107]
1.
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,
Chester County, and the Commonwealth of Pennsylvania, and has inspected
the property to confirm compliance.
2.
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.
3.
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.
4.
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.
[Ord. 2005-9, 12/29/2005, § 2108]
[Ord. 2005-9, 12/29/2005, § 2109]
1.
Requirements. An East Nottingham Township erosion and sediment control
permit (Township E&S permit) shall be required prior to earthmoving
activities that involve more than 1,000 square feet. It shall be unlawful
for any person to commence earthmoving activities without first obtaining
a Township E&S permit.
A.
Residential. Any earth disturbance greater than 1,000 square feet
for the purpose of the following:
(1)
Construction, addition, or expansion of the primary residence.
(2)
The placement or construction of an accessory building less
than 2,000 square feet.
(3)
Installation of a swimming pool.
(4)
Addition or expansion of driveways or parking areas.
(5)
The addition of a deck or patio.
(6)
Miscellaneous grading or contouring of the lot that results
in more than 1,000 square feet of earth disturbance.
B.
Nonresidential (Commercial, Industrial, or Institutional). Any earth
disturbance greater than 1,000 square feet for the purpose of the
following:
(1)
The placement or construction of an accessory building less
than 2,000 square feet.
(2)
Installation of sidewalks.
(3)
Addition or expansion of access driveways or parking lots less
than 2,000 square feet.
(4)
Miscellaneous grading or contouring of the lot that results
in more than 1,000 square feet of earth disturbance.
C.
Agricultural. Any earth disturbance greater than 1,000 square feet
for the purpose of the following:
D.
Exclusions.
(1)
A stormwater NPDES permit for earthmoving activities associated
with the construction of site improvements in a new subdivision or
land development shall be obtained from the Chester County Conservation
District or Pennsylvania Department of Environmental Protection prior
to final plan approval. This permit will supersede any requirement
for a Township E&S permit for the installation of site improvements.
(2)
Agricultural activities that result in earth disturbance, such
as the planting and harvesting crops, are excluded from the requirement
for a Township E&S permit.
(3)
The resurfacing of driveways and parking lots are excluded from
requiring a Township E&S permit.
(4)
The addition or expansion of access driveways or parking areas
in excess of 2,000 square feet shall require a land development plan.
2.
Application. Any application for a Township E&S permit shall be made in writing on a form furnished by the Township and shall be accompanied by an erosion and sediment control plan drawn accurately and legibly in accordance with Subsection 3, "Specifications," and § 22-508, "Stormwater Management," of the Township Subdivision and Land Development Ordinance [Chapter 22].
3.
Specifications. The application for a Township E&S permit shall
be accompanied by a plan of the property showing:
A.
A property sketch (drawn to approximate scale) of the lot on which
the work is to be performed.
B.
Description of the features, existing and proposed, surrounding the
lot that are important to the proposed development.
C.
Description of the general topographic (including drainage) and soil
conditions on the lot (available through the Chester County Conservation
District).
D.
Location and description of existing and future man-made features
of importance to the proposed development (i.e., wells, septic systems,
cuts and fills, buildings, driveways, etc.).
E.
Description and location of soil erosion and sediment control measures
in accordance with standards and specifications of the Chester County
Conservation District. The attached plan illustrates what a typical
plan would look like. At a minimum the following items shall be included
in the plan:
(1)
An upstream diversion berm to direct runoff away from areas
to be disturbed.
(2)
A downstream E&S control (sediment trap, silt fence, etc.)
designed to filter sediment from the runoff before leaving the lot.
(3)
A stone construction entrance which overlaps the paving and
extends into the lot at least 10 feet beyond the right-of-way.
F.
A time schedule indicating the anticipated start and completion dates
of the development sequence and the time of exposure of each area
prior to the completion of the effective erosion and sediment control
measures.
4.
Issuance. A Township E&S permit shall be issued only when the
following conditions are met:
A.
The erosion and sediment control plan has been prepared in accordance
with the above specifications and approved by the Township Engineer.
B.
No more than 10 lots in a subdivision may undergo earthmoving activities
at any one time. The eleventh permit in a subdivision cannot be issued
until one of the previous 10 permitted lots has had its erosion and
sediment control plan satisfactorily implemented, the control measures
have been inspected and approved by the Township Engineer, and all
major excavation and earthmoving activities necessary to start construction,
including stripping topsoil and excavation of the basement and/or
footers, are complete.
5.
Fees. Fees required in the administration of the Township E&S
permit process shall be paid in accordance with a schedule of fees
adopted by resolution of the Board of Supervisors.
[Ord. 2005-9, 12/29/2005, § 2110]
1.
Intent. In order to limit the potential impact that certain uses
may create on other surrounding uses and the general welfare of the
Township, certain reasonable conditions and safeguards are imposed
prior to granting approval.
2.
Requirements. The following provisions shall apply to conditional use applications, in addition to the provisions of the district in which the proposed use is located and any applicable standards and criteria in § 27-1604.
3.
Application. The application for a conditional use permit shall include
a proposed plan indicating the size and location of the proposed use,
the location of all proposed buildings and facilities, and the location
of all existing buildings and structures on adjacent properties within
500 feet of the property line. Application for a conditional use permit
shall be filed with the Township Secretary with accompanying form,
text, and fees. All owners of land within 500 feet of the property
shall be notified by the applicant of the conditional use application.
The applicant shall be able to show proof at the conditional use hearing
that all property owners were notified.
4.
Procedure for Review.
A.
The Township Planning Commission shall review each conditional use
request pursuant to the criteria in this chapter, and submit its recommendations
to the Board of Supervisors.
B.
After review by the Planning Commission, the Board of Supervisors
shall hold a public hearing pursuant to public notice. The public
hearing shall be held within 60 days from the date the application
was filed, unless such time is extended in writing by the applicant.
C.
Following the public hearing, the Board of Supervisors shall render
a decision on the matter in accordance with statutory requirements.
D.
In granting an application for conditional use approval, the Board
of Supervisors may waive or modify applicable area and bulk regulations
and design standards when said waiver or modification is deemed by
the Board of Supervisors to be in the public interest and in furtherance
of the goals as set forth in this chapter.
E.
If the Board of Supervisors approves the application and accompanying generalized site plan, such approved plan shall accompany: (1) any application for subdivision or land development as prescribed by the Township Subdivision and Land Development Ordinance [Chapter 22], in addition to the detailed plans normally required, and (2) any application for a building permit or use and occupancy permit. The issuance or denial of such permit shall take place in the regularly prescribed manner herein pertaining to permits, but shall be preceded by compliance with the Township Subdivision and Land Development Ordinance [Chapter 22].
5.
Criteria. The following criteria shall be used by the Board of Supervisors
as a guide in evaluating a proposed conditional use. The burden of
proof in establishing that all criteria have been met shall at all
times rest upon the applicant:
A.
The proposed use at the location in question shall be in the public
interest and best serve the public health, safety, and general welfare.
B.
The proposed use shall be consistent with the goals and objectives
of the East Nottingham Township Comprehensive Plan and those of the
East Nottingham Township Open Space, Recreation, and Environmental
Resource Plan.
C.
The size, scope, extent, and character of the proposed use shall
be consistent with the spirit, purpose, and intent of this chapter.
D.
Applicant shall take into consideration the character and type of
development in the area surrounding the tract, and determine that
the proposed change will not injure or detract from the use of surrounding
properties or from the character of the neighborhood.
E.
Consideration shall be given to the effect of the proposed use with
respect to the most appropriate use of land, conserving building and
property values, and safety from fire and other dangers.
F.
Sufficient land area shall be made available to be able to effectively
screen the proposed conditional use from adjoining different uses.
G.
Sufficient safeguards for parking, traffic control, screening, setbacks
and other design requirements under this chapter can be implemented
to remove any potential adverse influences created by the proposed
use.
H.
The impact and effect on buildings or districts of historical or
architectural significance shall be considered.
6.
Safeguards. In granting a conditional use, the Board of Supervisors
may attach such reasonable conditions and safeguards in addition to
those expressed in this chapter, as it may deem necessary to implement
the purposes of the chapter and the Municipalities Planning Code,
53 P.S. § 10101 et seq.
[Ord. 2005-9, 12/29/2005, § 2111]
1.
Permit Applications. Application fees for permits governed by this
chapter, including zoning permits, certificates of use and occupancy,
temporary use permits, and building permits shall be paid in accordance
with a fee schedule adopted by resolution of the Board of Supervisors.
2.
Applications or Appeals before the Board of Supervisors or Zoning
Hearing Board.
A.
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.
B.
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.
C.
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.
3.
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.
[Ord. 2005-9, 12/29/2005, § 2112]
The granting of any permit under this chapter shall create no
liability upon, nor a cause of action against, any Township official
or employee for damages or injury that may occur from the use, construction,
or enlargement of structures or the use of land.
