[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]
[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.
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]
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]
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.
