[Amended 7-8-1980 by Ord. No. 39-1980; 3-21-1988 by Ord. No. 97-1988]
A. 
Hereafter, no land shall be used or occupied, and no building or structure shall be erected, altered, used or occupied, except in conformity with the regulations herein established for the district in which such land, building or structure is located.
B. 
In cases of mixed occupancy, the regulations for each use shall apply to the portion of the building or land so used.
[Amended 8-14-1990 by Ord. No. 120-1990]
There shall be a Zoning Officer, who shall be appointed by the Board and shall meet the qualifications established by the Board and whose duty it shall be and is hereby given the power and authority to enforce the provisions of this chapter. The Zoning Officer shall examine all applications for permits, issue permits only for construction and uses which are in accordance with the requirements of this chapter, record and file all applications for permits with any accompanying plans and documents which shall be matters of public record and make such reports as the Board may require. Permits for construction and uses which are a special exception or a variance from the requirements of this chapter shall be issued only upon order of the Zoning Hearing Board.
[Amended 2-14-1989 by Ord. No. 108-1989]
A building permit shall be required prior to the erection, alteration, enlargement or demolition of any building or other structure or portion thereof. It shall be unlawful for any person to commence work for the erection, alteration, enlargement or demolition of any building or structure or portion thereof until a permit has been duly issued therefor.[1]
[1]
Editor's Note: See also Ch. 45, Building Construction.
[Amended 2-14-1989 by Ord. No. 108-1989]
All applications for building permits shall be made to the Zoning Officer, in writing, on a form furnished by the Township, and shall be accompanied by a plot plan, drawn accurately, showing the exact size and location of any buildings or other structures existing on the lot in question or upon abutting land within 50 feet of the side and rear lines of such lot and the lines within which the proposed building or other structure shall be erected, altered, enlarged or demolished. There shall, in addition, 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.
[Amended 2-14-1989 by Ord. No. 108-1989; 8-10-2004 by Ord. No. 4-2004]
No building permit shall be issued until the Zoning Officer has certified that the proposed building, structure, alteration, enlargement or demolition complies with the provisions of this chapter and applicable ordinances by issuing a zoning compliance permit. Upon issuing the zoning compliance permit, the Zoning Officer shall forward the documents to the Codes Enforcement Officer to issue the building permit. Upon completion of the erection, alteration or enlargement of any building, structure or portion thereof authorized by any building permit obtained in compliance with this chapter and prior to use or occupancy, the holder of such permit shall notify the Codes Enforcement Officer of such completion. Use and occupancy shall not be authorized until the Codes Enforcement Officer and Zoning Officer have certified that the work has been inspected and approved as being in conformity with this chapter and other applicable ordinances and until the Zoning Officer or Codes Enforcement Officer has issued a use and occupancy permit as provided hereinafter. The Codes Enforcement Officer or his agent must, within three working days of the notice, inspect the premises or the occupancy shall be considered approved.
It shall be unlawful for any person to use or occupy any building or other structure or land until a use and occupancy permit, if required, has been duly issued therefor. A use and occupancy permit shall be required prior to any of the following:
A. 
Use and occupancy of any building or other structure hereinafter erected, altered or enlarged for which a building permit is required.
B. 
Complete or partial change in use of any building or structure.
[Amended 10-13-1992 by Ord. No. 137-1992]
C. 
Use of land or change in the use thereof, except that the placing of vacant land under cultivation shall not require a use and occupancy permit.
D. 
Change in use or extension of a nonconforming use.
[Amended 8-10-2004 by Ord. No. 4-2004]
All applications for use and occupancy permits shall be made to the Zoning Officer or Codes Enforcement Officer, in writing, on forms furnished by the Township, and shall include all information necessary to enable the Zoning Officer or Codes Enforcement Officer to ascertain compliance with this chapter.
[Amended 8-10-2004 by Ord. No. 4-2004]
No use and occupancy permits shall be issued until the Zoning Officer has certified that the proposed use complies with the provisions of this chapter. Pending completion of a building or of alterations thereto, a temporary use end occupancy permit may be issued by the Codes Enforcement Officer or Zoning Officer for a temporary occupancy of part or all of the building, provided that such temporary occupancy will not tend in any way to jeopardize life or property.
[Amended 2-14-1989 by Ord. No. 108-1989]
A. 
If the Zoning Officer determines that an application is in compliance with the provisions of this chapter, it shall be his duty to issue the appropriate permit without delay; and if he determines that an application is not in compliance with the provisions of this chapter, it shall be his duty to refuse the permit without delay.
B. 
Any application for a permit to demolish a Class I or Class II historic resource, as defined in § 115-122 of this chapter, shall be reviewed and decided upon in accordance with the procedures prescribed in § 115-125 of this chapter.
C. 
Any application to rehabilitate, enlarge or alter a Class I historic resource shall be reviewed and decided upon in accordance with the procedures prescribed in § 115-127 of this chapter.
Fees for building permits, other fees required in the administration of the chapter and fees to cover the cost of required hearings before the Board of Supervisors shall be paid in advance in accordance with a schedule of fees adopted by resolution of the Board.[1]
[1]
Editor's Note: The current fee resolution is on file in the office of the Township Secretary.
[Added 8-14-1990 by Ord. No. 120-1990[1]]
A. 
It shall be a violation of this chapter to undertake any action which is contrary to the terms of this chapter, including but not limited to the failure to obtain a building permit or use and occupancy permit as required by Article XIX.
B. 
Whenever a violation of this chapter occurs or is alleged to have occurred, any person may file a written complaint. Such complaint, stating fully the causes and basis thereof, shall be filed with the Zoning Officer. The Zoning Officer shall properly record such complaint, investigate, take action thereon as provided by this chapter and report to the Board of Supervisors regarding the complaint and any actions taken in response thereto.
C. 
In case any building, structure, landscaping or land is or is proposed to be erected, constructed, reconstructed, altered, converted, maintained or used in violation of this chapter, the Board of Supervisors or the Zoning Officer or any aggrieved owner or tenant of real property who shows that his property or person will be substantially affected by the alleged violation, in addition to other remedies, may institute any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure, landscaping or use of land or to prevent, in or about such premises, any act, conduct, business or use constituting a violation.
D. 
Where any action authorized in Subsection C above is instituted by a landowner or tenant, notice of that action shall be served upon the Township, at least 30 days prior to the time the action is begun, by serving a copy of the complaint upon the Board. No such action may be maintained until such notice has been given.
[1]
Editor's Note: This ordinance also provided for the repeal of former § 115-114, Violations.
[Added 8-14-1990 by Ord. No. 120-1990[1]]
A. 
If it appears to the Township that a violation of this chapter has occurred, the Zoning Officer may initiate enforcement proceedings by sending an enforcement notice. By means of the enforcement notice, the Zoning Officer may order discontinuance of any illegal use of land or structure; removal of illegal structures or additions, alterations or structural changes thereto; or discontinuance of any other work being done in violation of this chapter.
B. 
The enforcement notice shall be sent to the owner of record on the lot 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.
C. 
An enforcement notice shall, at minimum, state the following:
(1) 
The name of the owner of record and any other persons against whom the Township intends to take action.
(2) 
The location of the property in violation.
(3) 
The specific violation, with a description of the requirements which have not been met, citing in each instance the applicable provisions of the chapter.
(4) 
The date before which the steps for compliance must be commenced and the date before which the steps must be completed.
(5) 
That the recipient of the notice has the right to appeal to the Zoning Hearing Board, in accordance with the procedures set forth in this chapter.
(6) 
That failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Board, constitutes a violation, with the possibility of sanctions.
D. 
In any appeal of an enforcement notice to the Zoning Hearing Board, the Township shall have the responsibility of presenting its evidence first.
[Added 5-13-1997 by Ord. No. 1-1997]
E. 
Any filing fee paid by a party to appeal an enforcement notice to the Zoning Hearing Board shall be returned to the appealing party by the Township if the Zoning Hearing Board, or any court in a subsequent appeal, rules in the appealing party's favor.
[Added 5-13-1997 by Ord. No. 1-1997]
[1]
Editor's Note: This ordinance also provided for the repeal of former § 115-115, Penalties.
[Added 8-14-1990 by Ord. No. 120-1990[1]]
Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $500, plus all court costs, including reasonable attorney fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or be payable until the date of the determination of a violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the District Justice determining that there has been a violation further determines that there was a good-faith basis for the person, partnership or corporation 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 a violation by the District Justice. Thereafter, each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorneys fees collected for the violation of the Zoning Ordinance shall be paid over to the Township.
[1]
Editor's Note: This ordinance also provided for the repeal of former § 115-116, Remedies.
[Amended 8-14-1990 by Ord. No. 120-1990]
A. 
The Board may, from time to time, amend, supplement, change, modify or repeal this chapter, including the Zoning Map.[1]
[1]
Editor's Note: The Zoning Map is on file in the Township offices.
B. 
The Board of Supervisors shall, by resolution, fix the time and place for the public hearing and shall give notice of such hearing as prescribed in Section 610(a) of the Act.[2] The notice shall state the particular nature of the matter to be addressed through the proposed amendment and a reference to a place in the Township where copies of the proposed amendment may be examined or purchased at a charge not exceeding the cost thereof.
[2]
Editor's Note: See 53 P.S. § 10610(a).
C. 
If the proposed amendment involves a Zoning Map change, notice of the public hearing shall be conspicuously posted by the Township along the perimeter of the tract to notify potentially interested citizens. The affected tract or area shall be posted at least one week prior to the date of the hearing.
D. 
In the event that substantial amendments are made to the proposed amendment, then the Board, at least 10 days prior to the scheduled enactment, shall readvertise, in a newspaper of general circulation within the Township, a brief summary setting forth all the provisions in reasonable detail, together with a summary of the proposed amendments. The Board also shall readvertise any proposed amendment where the scheduled date of enactment is more than 60 days following the date of the last advertisement of the proposed amendment.
E. 
Within 30 days after enactment, a copy of the amendment shall be forwarded to the Chester County Planning Commission.
F. 
In considering and making a decision on a request for curative amendment submitted by a landowner pursuant to Section 609.1 of the Act,[3] the Board shall consider, in addition to the general health, safety and welfare of the public and all other matters appropriate to the decision, those factors set forth in Section 609.1 of the Act.[4]
[3]
Editor's Note: See 53 P.S. § 10609.1.
[4]
Editor's Note: See 53 P.S. § 10609.1.
In the case of a protest against any proposed amendment, change, modification or repeal, signed by the owners of 20% or more, either of the area of the lots included in such proposed change or of those immediately adjacent in the rear or in front or to either side thereof, extending 100 feet therefrom, such amendment shall not become effective except by favorable vote of a majority of the entire Board of Supervisors.
The Board of Supervisors shall refer each petition or proposal for change or amendment, whether under this article or under another article, to the Planning Commission, which shall consider whether or not such proposed change or amendment would be, in the view of the Commission, consistent with and desirable in furtherance of the Comprehensive Plan upon which this chapter is based, as the same may be modified from time to time. The Commission shall transmit its conclusion thereon, together with its reasons therefor, to the Board within 30 days. The Board shall take such conclusion and reasons into consideration in reaching its decision but shall not be bound thereby.
[Added 2-12-2019 by Ord. No. 01-2019]
A. 
Owners and occupiers of properties in the Township may register their names with the Township Zoning Officer for purposes of receiving notice of the filing of any application requiring notice pursuant to this section.
B. 
When notice is required to be sent to property owners within a certain distance from a subject property, or to all property owners or occupiers who have registered their names with the Township pursuant to Subsection A of this section, such notice shall be as follows:
(1) 
All distances shall be measured at a right angle from all points on every property line.
(2) 
The names and addresses of adjacent property owners shall be obtained from records of the Chester County Tax Assessment Office. The names and addresses of the owners registered under Subsection A of this section shall be obtained from the Township Zoning Officer.
(3) 
The notification shall be sent by regular mail and certified mail, return receipt requested, and mailed a minimum of two weeks before the first scheduled public hearing of the Board of Supervisors or the Zoning Hearing Board, as applicable. At the hearing, if applicable, the applicant shall provide a copy of each notification sent and certified mail green cards, or electronic equivalent, if available. The hearing shall not proceed unless the copies are provided.
(4) 
At a minimum, the written notice shall contain the street address of the parcel subject to the application, a general description of what is proposed by the applicant, and the time, date and location of the first hearing. The notice shall also inform the property owner that only one notice will be provided and that they are not required to attend, but may attend if interested.
C. 
Failure to give notice as required by this section shall not invalidate any action taken by the Township.