Failure to secure a permit prior to the use
or change in use of land or building, or the erection, enlargement
or alteration of a building, or failure to secure a use and occupancy
permit shall be a violation of this chapter.
A. Causes of action. Where any building or structure
is erected, reconstructed, converted or maintained, or any building,
structure or land is used in violation of this chapter, the Supervisors,
or, with the approval of the Supervisors, the Zoning Officer may in
the name of the Township:
(1) Institute any appropriate action or proceedings to
prevent such unlawful activity;
(2) Restrain or abate such violation;
(3) Prevent the occupancy of said building, structure
or land or to prevent any illegal act, conduct, business or use in
or about such premises.
B. Notice of violations. Where it appears to the Township
that a violation of any provisions of this chapter has occurred, the
Zoning Officer shall initiate enforcement proceedings by sending an
enforcement notice as provided in this section.
(1) The enforcement notice shall be sent to the owner
of record on 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.
(2) The enforcement notice shall state the following:
(a)
The name of the owner of record and any other
person against whom the Township intends to take action.
(b)
The location of the property in violation.
(c)
The specific violation with a description of
the requirements which have not been met, citing in each instance
the applicable provisions of the chapter.
(d)
The date before which the steps for compliance
must be commenced and the date before which steps must be completed.
(e)
That the recipient of such notice has the right
to appeal to the Zoning Hearing Board within 30 days of the date of
such enforcement notice, in accordance with this chapter and the Pennsylvania
Municipalities Planning Code.
[Amended 8-13-2001 by Ord. No. 142]
(f)
That failure to comply with the notice within
the time specified, unless extended by appeal to the Zoning Hearing
Board, constitutes a violation, with possible sanctions clearly described.
C. Discontinuance. Where the notice of violation is not
complied with in the time period set forth in the notice, the Zoning
Officer shall order the discontinuance of such unlawful use of land,
structure, or building involved in said violation.
D. Enforcement remedies. Any person who shall violate
the provisions of this chapter shall, upon being found liable in a
civil enforcement proceeding, be required to pay a fine of not more
than $500, plus all court costs, including reasonable attorney's fees
and other costs incurred by the Township as a result thereof. If the
defendant neither pays nor timely appeals the judgment, the Township
may enforce the judgment pursuant to applicable law. Each day that
a violation continues shall constitute a separate violation, unless
the District Justice that determined there has been a violation further
determines that there was a good faith basis for the person violating
the chapter to have believed that there was no such violation, in
which event there shall be deemed to have been only one such violation
until the fifth day following the date of the determination of the
violation by the District Justice and thereafter each day that a violation
continues shall constitute a separate violation. All judgments, costs
and reasonable attorney's fees collected for the violation of this
chapter shall be paid over to the Township. Notwithstanding the provisions
of this section, the Township shall be permitted, in its sole discretion,
to enforce this chapter in accordance with applicable law.
[Amended 8-13-2001 by Ord. No. 142]
All manufactured home parks/mobile home parks shall be required to obtain an operating permit from New Garden Township in accordance with the provisions of §
200-127.
All permit fees established under this chapter
shall be determined by a resolution of the Board of Supervisors, and
a schedule of such shall be made available to the general public.
Fees shall cover the cost of administering this chapter. Permit fees
shall be paid in advance in accordance with such fee schedule.
The Board of Supervisors may from time to time
amend, supplement, change, modify or repeal this chapter including
the Zoning Map in accordance with the provisions of this article and
the Pennsylvania Municipalities Planning Code, as amended.
A. Procedure. The following procedure shall be observed
prior to the adoption of any amendment or change to this chapter or
the official Zoning Map.
B. Planning Commission referral. All proposed amendments
or changes to the existing chapter prior to adoption shall be submitted
for review according to the following:
(1) Every proposed change shall be referred to the Chester
County Planning Commission for recommendations a minimum of 30 days
prior to holding a public hearing.
(2) In the case of an amendment other than that prepared
by the New Garden Township Planning Commission, the Board shall submit
each such amendment to the Township Planning Commission at least 30
days prior to the hearing on such proposed amendment to provide the
planning agency an opportunity to submit recommendations.
C. Notice of hearing. The Board of Supervisors shall
advertise public hearings by publishing a notice each week for two
consecutive weeks, stating the time and place such hearings shall
occur. Said advertisements shall be published in a newspaper having
general circulation in the Township. The first of such advertisements
shall occur not more than 30 days, while the second shall not occur
less than seven days before the date fixed for the hearing. The notice
shall include the particular nature of the matter to be considered
at the hearing, and a reference to a place within the Township where
copies of the proposed ordinance, amendment, change or repeal may
be examined.
D. Public hearing. Prior to taking action on any amendment
or change to the chapter or Map, the Board of Supervisors shall hold
a public hearing pursuant to public notice. The time and place of
public hearings shall be fixed by the Board of Supervisors. Full opportunity
to be heard will be given to any citizen and all parties interested
in attending such hearing.
E. Decision. The Board of Supervisors shall not take action on the proposed change until the New Garden Township Planning Commission and the Chester County Planning Commission have had sufficient time to review and make recommendations in accordance with Subsection
B. If such recommendations are not received within 30 days from the date the referral was received by the agencies, the Board of Supervisors may proceed without such recommendations. Zoning ordinances, amendments, changes and referrals shall be adopted by the Board of Supervisors at their regularly scheduled meeting within 90 days after the public hearing. Such changes shall be incorporated into the official Zoning Ordinance by reference with the same force and effect as if duly reported therein.
F. Eligibility. Any person or property owner may apply
for an amendment to this chapter. Said amendment shall follow the
procedure set forth in this section provided:
(1) The applicant is an equitable owner in all or part
of the property effected by the proposed amendment.
(2) The applicant follows the procedures of Act 247, the
Municipalities Planning Code.
(3) The applicant submits the full proposal to the Zoning
Officer.
G. Landowner petition. Whenever the owners of 50% or more of the total area of a zoning district shall present to the Board of Supervisors a petition, duly signed and acknowledged, requesting an amendment, supplement, change, modification or repeal of any of the regulations or restrictions prescribed by this chapter for their district, it shall be the duty of the Board to hold a public hearing. Such hearings shall comply with the provisions of §
200-160.
The granting of any permit under this chapter
by the Township Zoning Officer, or the use of land or structures,
shall not constitute a guarantee or warranty of any kind by the Township
or any of its officials or employees as to any manner of injury resulting
from such use, erection, alteration or extension, and shall create
no liability upon, or a cause of action against, such public body,
officials or employees for any damages or injury that may result.