[Added 5-8-1990 by Ord. No. 3-1990 ]
Failure to secure a permit prior to the construction, alteration, extension or demolition of any building or structure, failure to secure a permit prior to a change in use of land, buildings or structures, failure to secure a use and occupancy permit prior to the use or occupancy of any land, building or structure, failure to obey or comply with an order or condition of approval of any special exception, variance, conditional use or other zoning relief ordered and granted by the Zoning Hearing Board or the Board of Supervisors, as applicable, failure to comply with an enforcement notice duly issued by the Zoning Officer or any authorized Township enforcement officer in relation to the provisions of this chapter, failure to take any action required as a condition of any use provisions of this chapter, failure to comply with a lawful directive of the Zoning Officer issued under the provisions of this chapter and the undertaking of any deliberate action which is contrary to the terms of this chapter shall constitute a violation of this chapter, and the Zoning Officer or any of his deputies are authorized to take such enforcement action as they determine appropriate under the provisions of §
84-64.
[Added 8-22-1989 by Ord. No. 8-1989 ]
A. Enforcement notice. If it appears to the Township
or any of its enforcement officers that a violation of this chapter
has occurred or is occurring, the Zoning Officer or other enforcement
officer shall initiate enforcement proceedings by sending an enforcement
notice to the owner of record of the parcel on which the violation
has occurred and also 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.
B. Enforcement notice specifications. The enforcement
notice shall state:
(1) The name of the owner of record and any other person
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 this chapter.
(4) The date before which the steps for compliance must
be commenced and the date before which the steps for compliance must
be completed.
(5) That the recipient of the notice has the right to
appeal to the Zoning Hearing Board within 30 days of the recipient's
receipt of the enforcement notice.
(6) 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 which shall be clearly
described. Such notice shall be served by certified or registered
mail or personal service.
C. In any appeal of an enforcement notice to the Zoning
Hearing Board, the Township shall have the responsibility of presenting
its evidence first.
[Added 5-9-2001 by Ord. No. 6-2001]
D. 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 parties' favor.
[Added 5-9-2001 by Ord. No. 6-2001 ]
E. Enforcement remedies.
(1) Any person who or which has violated or permitted
the violation of any 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. In the event that any such person against whom
a judgment has been rendered by the District Justice neither pays
nor timely appeals the judgment, the Township may enforce the judgment
pursuant to the applicable Pennsylvania 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 such person
violating this chapter to have believed that there was no such violation.
In that latter 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, and, thereafter, each day
that a violation continues shall constitute a separate violation.
All judgments, costs and reasonable attorney fees collected for the
violation of this chapter shall be paid over to the Township of West
Goshen.
[Added 8-22-1989 by Ord. No. 8-1989 ]
In base 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, the Township Zoning Officer or any other
enforcement officer of the Township, in addition to other remedies,
may institute an appropriate action or proceeding to prevent, restrain,
correct or abate such building, structure, landscaping or land or
to prevent in or about such premises any act, conduct, business or
use constituting a violation of this chapter.
[Amended 5-8-1990 by Ord. No. 3-1990]
A. Appeals arising from a determination of the Zoning Officer or as a result of the application of any provision of this chapter may be taken by any landowner or person aggrieved who is affected thereby to the Zoning Hearing Board with respect to matters within its jurisdiction as provided for in §
84-72 or to the Board of Supervisors with respect to appeals within its jurisdiction as provided for in §
84-73. Unless otherwise specifically allowed by law, no person shall be allowed to file an appeal later than 30 days after an application for development, whether preliminary or final, has been approved by an appropriate municipal officer, agency or body, if such proceeding is designed to secure reversal or to limit the approval in any manner, unless such person alleges and proves that he had no notice, knowledge or reason to believe that such approval had been given. All appeals from determinations adverse to a landowner shall be filed by the landowner within 30 days after notice of the determination is issued.
B. Method of appeal. An appeal or application for relief
within the jurisdiction of either the Zoning Hearing Board or the
Board of Supervisors shall be filed with the Secretary of the board
having jurisdiction, shall be in form and content as required by the
applicable sections of this chapter and shall be accompanied by the
required filing fee. No application shall be accepted for filing which
is not complete or which is not accompanied by the required filing
fee.
[Amended 6-14-1983 by Ord. No. 3-1983; 5-8-1990 by Ord. No. 3-1990]
A. General requirements.
(1) Application for permits shall be made, in writing,
on an appropriate form to the Zoning Officer and shall contain all
information necessary for such officer to ascertain whether the proposed
use of land, buildings or other improvements which are the subject
of the application comply or shall comply with the provisions of this
chapter and all other applicable Township ordinances and statutes
of governing authorities having jurisdiction.
(2) Applications for permits required under this chapter
shall be submitted by the landowner or a designated representative
thereof; however, responsibility for obtaining any required permit
in compliance with this chapter and all Township ordinances and statutes
shall be the responsibility of the property owner in title.
(a)
Application for building permits. All applications
for building permits shall be made to the Township building official
in accordance with the Building Code.
(b)
Issuance of building permits. No building permit
shall be issued until the Zoning Officer has certified that the proposed
building, structure, extension or alteration complies with the provisions
of this chapter and all applicable Township ordinances and statutes.
(3) No permit shall be issued except in conformity with
the provisions of this chapter and other existing Township ordinances
and statutes, except upon written order of the Zoning Hearing Board,
the Board of Supervisors or a court of competent jurisdiction, as
applicable; provided, however, that permits issued pursuant to such
written orders shall be subject to any conditions and stipulations
contained in such orders.
(4) In all instances in which the Zoning Officer has or
expresses a reasonable doubt as to the ability of the proposed use
or the land on which it is to be conducted or erected to meet all
of the requirements of this chapter, any other applicable Township
ordinance or statute, it shall be incumbent upon the applicant to
furnish adequate evidence of compliance in support of its application.
If the Zoning Officer determines that such adequate evidence has not
been furnished, the zoning permit will be denied.
(5) The parcel or parcels of land, buildings or structures
or parts thereof for which an application is submitted shall be in
full ownership of the applicant or proof of equitable ownership shall
be furnished at the time of application.
(6) Permits shall be granted or refused within 30 days
from the date of application and shall be valid for a period not to
exceed one year from the date of issuance. If construction is commenced
under any such issued permit within such period, the Zoning Officer
is authorized to extend the permit for a period not to exceed one
additional year from the date of expiration of the initial one-year
period. The Zoning Officer is authorized to revoke any building permit
where there has been a cessation of construction work of more than
six months.
(7) No application is complete until all necessary documents
have been filed and all fees have been paid.
B. Application for permits.
(1) Applications for zoning and building permits shall
be accompanied by the following in the R-2, R-3 and R-4 Residential
Districts: plans in duplicate drawn to scale and showing the following:
(a)
The actual dimensions and shape of the lot to
be built upon and, when required by the Township Engineer, a soil
and erosion plan.
(b)
The exact size and location with relationship
to the lot of all existing buildings and structures of any kind, if
any, and the location and dimensions of all proposed buildings, other
structures, extensions or alterations thereof of any kind.
(c)
Existing and proposed uses, giving the number
of existing and proposed units or families the building is designed
to accommodate.
(d)
Any additional information that may be required
by the Zoning Officer, the Township Building Official or the Township
Engineer or as required by any other section or provision of this
chapter.
(e)
A narrative description of the provision for
water and sanitary sewerage and, in the instance of an on-site sanitary
sewer system and/or water well, a true and correct copy of the permit
therefor issued by the Chester County Health Department or other regulatory
authority having jurisdiction.
(2) In all other zoning districts, the approved subdivision
or land development plan.
C. Sign permit.
(1) A sign permit shall be required prior to the erection
of any sign.
(2) Application for permit shall be made in writing to
the Zoning Officer designated by the Board of Supervisors and shall
contain all information necessary for such officer to determine whether
the proposed sign or the proposed alterations conform to all the requirements
of this chapter.
(3) Permits shall be granted or refused within 15 days
from date of application.
(4) No sign permit shall be issued except in conformity
with the regulations of this chapter, except after written order from
the Zoning Hearing Board or the courts.
(5) All applications for sign permits shall be accompanied
by plans or diagrams in duplicate and approximately to scale showing
the following:
(a)
Exact dimensions of lot or building upon which
the sign is proposed to be erected.
(b)
Exact size, dimensions and location of the said
sign on lot or building.
(c)
Any other lawful information which may be required
of applicant by the Zoning Officer. One copy of said plan or diagram
shall be returned to applicant, after the Zoning Officer shall have
marked such copy either approved or disapproved and attested to the
same.
D. Permit for microwave antenna for satellite communication.
(1) A permit shall be required prior to the erection or
installation of any microwave antenna for satellite communication
(microwave antenna).
(2) The application process shall be in conformity with §
84-67A(2) through
(7), inclusive.
(3) All applications shall be accompanied by plans, in
duplicate and to scale, showing:
(a)
The dimensions of the lot and location of the
buildings thereon.
(b)
Details of all microwave antenna anchors, supports
and foundations and the exact proposed location thereon on the lot.
(c)
The proposed location, type and height of the
required screen.
(d)
Design, wind load on each anchor and allowable
wind load on each anchor.
(e)
Forces on foundation, including live load and
dead load.
(f)
Allowable soil bearing pressure and actual soil
bearing pressure.
(g)
Strength and allowable stresses of cables, rods
or braces; actual force and allowable force for each cable, rod or
brace.
(h)
When microwave antenna(e) are attached to an
existing structure, details of how microwave antenna loads will be
distributed to the existing structure shall be provided.
[Amended 5-8-1990 by Ord. No. 3-1990]
A. Certificate of use and occupancy. A certificate of
use and occupancy shall be required prior to the use or occupation
of land, buildings or structures upon completion of construction activity
and prior to a change of use or occupancy of land, buildings or structures.
It shall be unlawful to use and/or occupy any structure, building
and/or land or portions thereof in any manner until a certificate
of use and occupancy has been issued.
B. Form and time of application. The application for
a certificate of use and occupancy shall be submitted in such form
as the Zoning Officer may prescribe, who may also require that the
application be accompanied by an as-built survey prepared by a Pennsylvania
licensed professional engineer or architect.
(1) Application for a certificate of use and occupancy
shall be made as follows:
(a)
In the case of new construction or alterations
to existing buildings or structures, such application shall be made
at the time application for a building and zoning permit is made.
(b)
When no construction or alteration is involved,
an application to occupy and use land may be made at any time prior
to occupancy.
(2) In addition to information required on the Township's
standard application, the Zoning Officer may require the applicant
to provide such additional information as the Zoning Officer shall
require to determine whether the proposed use and occupation conforms
to the provisions of this chapter.
C. Issuance date. The certificate of use and occupancy
shall be granted or refused, in writing, within 15 working days after
the Zoning Officer has been notified of completion of construction
or within 15 working days of application to occupy and use land. In
no event shall a certificate of use and occupancy be issued except
in conformity with the provisions of this chapter.
D. Temporary certificate. A temporary certificate of
use and occupancy may be issued by the Zoning Officer for temporary
uses such as tents, use of land for special functions or occasions
and similar temporary use or occupancy. Such temporary certificates
shall be for a period of time to be determined by the Zoning Officer,
however, in no case shall that period of time exceed six months.
E. Conditional certificates. In zoning districts in which
performance standards are imposed or in instances where the Zoning
Hearing Board or the Board of Supervisors has imposed conditions in
conjunction with any zoning application within its jurisdiction, no
certificate of use and occupancy shall become permanent until 30 days
after the permitted use is fully operating and only after, upon reinspection
by the Zoning Officer, it is determined that the use is in compliance
with all such standards and/or conditions. After said reinspection,
the Zoning Officer shall notify the applicant that the use is in compliance
with the foregoing and that the certificate of use and occupancy is
permanent or that the use does not comply and that the certificate
of use and occupancy shall remain temporary until compliance is effected
by the applicant.
[Amended 5-8-1990 by Ord. No. 3-1990]
The Board of Supervisors shall establish, by
resolution, a schedule of fees, charges and expenses and collection
procedures for zoning permits, certificates of use and occupancy,
special exceptions, variances, conditional uses and appeals and other
matters pertaining to this chapter. The schedule of fees shall be
available for inspection in the office of the Zoning Officer and may
be altered or amended from time to time by the Board of Supervisors
by resolution. Until all application fees, charges and expenses have
been paid in full, no appeal or application shall be accepted for
filing nor shall any action be taken thereon.
[Amended 5-8-1990 by Ord. No. 3-1990]
A. Amendment. The provisions of this chapter and the
boundaries of the zoning districts, as set forth and shown on the
Township Zoning Map, may be amended or changed from time to time by the Board
of Supervisors in accordance with the applicable provisions of the
MPC, as amended.
B. Petition or application to rezone a parcel or parcels
of property. Each petition or application for a change in the Zoning
Map shall be filed with the Township Secretary, accompanied by the
requisite filing fee, and shall include the following information:
[Amended 3-10-2004 by Ord. No. 3-2004; 8-24-2005 by Ord. No.
9-2005]
(1) The name and address of the applicant, the title owner
and the equitable owner of the real estate affected.
(2) The address, exact location, Chester County tax parcel
number and metes and bounds description of the affected real estate.
(3) Identification of the present zoning classification
of the affected real estate, a narrative description of the improvements
thereon and the present use thereof, which shall specify in each instance
the square footage area of all existing improvements and all proposed
improvements, including buildings, structures and street improvements.
(4) Six copies of a plot plan of the affected real estate
and all attachments thereto, prepared by a Pennsylvania licensed professional
engineer or land surveyor, showing the location and size of the lot
with reference to adjoining properties and landmarks, which shall
be identified by name, tax parcel number and description, as applicable,
and with reference to existing streets and rights-of-way. There shall
be included and shown on the plan the location of all present and
proposed buildings, streets, chives, parking lots, curb-cut accesses,
parking lots and facilities, screening, fences and walls, existing
or proposed water wells, sewage waste facilities, floodplains, wetlands
and steep slopes. Steep slopes shall be identified by shading on the
plan, differentiating between precautionary and prohibitive steep
slopes. Topographical contour lines shall be shown at two-foot intervals.
C. Procedure. The following procedure shall be observed
prior to making any amendment or change of this chapter or the Township
Zoning Map:
(1) In the case of an amendment other than that prepared
by the Planning Commission, the Board of Supervisors shall submit
each such amendment to the Township Planning Commission and to the
Chester County Planning Commission at least 30 days prior to conducting
a public hearing on the proposed amendment to provide each with the
opportunity to submit recommendations.
(2) The recommendations of the Township Planning Commission
shall be submitted, in writing, to the Board of Supervisors. No public
hearing shall be conducted until the Township Planning Commission
and Chester County Planning Commission recommendations are made; provided,
however, that if either fails to act within the requisite period,
the Board of Supervisors may, at its discretion, proceed without such
recommendations.
D. Landowner curative amendments.
(1) A landowner who desires to challenge on substantive
grounds the validity of this chapter or the Township Zoning Map or any provision thereof which prohibits or restricts
the use or development of land in which the applicant has an interest
may submit such challenge, together with a request for a curative
amendment, to the Board of Supervisors with a written request that
his challenge and proposed amendment be heard and decided as provided
in MPC Section 916.1. The proposed amendment shall be accompanied by six copies of the plans, attachments, and explanatory materials describing the use or development proposed by the landowner in lieu of the use or development permitted by this chapter or the Zoning Map. Such plans shall be sufficiently specific so as to provide reasonable notice of the proposed use or development and a sufficient basis for evaluating the challenged provision of this chapter or Map in conjunction with such plans. The Board shall commence a hearing thereon within 60 days after the request is filed. The curative amendment and challenge shall be referred to the Township Planning Commission and Chester County Planning Commission as provided in §
84-70D(1) hereof, and public notice of the hearing thereon shall be given and shall include notice that the validity of this chapter or Map is in question and identify the place where and times when a copy of the request, plans, materials and proposed amendment may be examined by the public. The hearing shall be conducted in accordance with MPC Section 908(4) through (8), and all references therein to the Zoning Hearing Board
shall, for purposes of this section, be references to the Board of
Supervisors.
[Amended 4-24-2002 by Ord. No. 4-2002; 3-10-2004 by Ord. No.
3-2004]
(2) In consideration of the landowner's curative amendment,
the governing body shall consider the plans and explanatory materials
submitted by the landowner as well as the following factors:
(a)
The impact of the proposed amendment upon roads,
sewer facilities, water supply, schools and other public service facilities;
(b)
If the proposal is for residential use, the
impact of the proposal upon regional housing needs and the effectiveness
of the proposal in providing housing units of a type actually available
to and affordable by classes of persons otherwise unlawfully excluded
by the challenged provisions of this chapter or the Zoning Map;
(c)
The suitability of the site for the intensity
of use proposed by the site's soils, slopes, woodlands, floodplains,
aquifers, natural resources and other natural features;
(d)
The impact of the proposed use on the site's
soils, slopes, woodlands, wetlands, floodplains, natural resources
and natural features, the degree to which these are protected or destroyed,
the tolerance of the resources to development and any adverse environmental
impacts; and
(e)
The impact of the proposal on the preservation
of agriculture and other land uses which are essential to public health
and welfare.
(3) If the Board of Supervisors determines that a validity
challenge has merit, it may accept the landowner's curative amendment,
with or without revision, or may adopt an alternative amendment which
will cure the challenged defects.
(4) The landowner's request for a curative amendment is
denied when:
(a)
The Board of Supervisors fails to commence the
public hearing within 60 days after the request is filed;
(b)
The governing body notifies the landowner that
it will not adopt a curative amendment;
(c)
The governing body adopts another amendment
which is unacceptable to the landowner; or
(d)
The governing body fails to act on the request
45 days after the close of the last public hearing on the request,
unless the time is extended by mutual consent by the landowner and
the Township.
E. Procedure for Township curative amendments.
(1) If the Township determines that this Zoning Ordinance
or any portion hereof is substantially invalid, it shall take the
following actions:
(a)
Declare by formal action this chapter or any
portion hereof affected substantially invalid and propose to prepare
a curative amendment to overcome such validity.
(b)
Within 30 days following such declaration and
proposal, the Board of Supervisors shall:
[1]
By resolution, make specific findings setting
forth the declared invalidity thereof which may include references
to specific uses which are either not permitted or not permitted in
sufficient quantity, reference to a class of use or uses which require
revision and reference to the provision(s) of this chapter which requires
revision.
[2]
Begin to prepare and consider a curative amendment
to this chapter to correct the declared invalidity.
(2) Within 180 days from the date of the declaration and
proposal, the Board of Supervisors shall enact a curative amendment
to validate or reaffirm the validity of this chapter in order to cure
the declared invalidity of this chapter.
(3) Upon initiation of the procedures set forth in this
subsection, neither the Board of Supervisors nor the Zoning Hearing
Board shall be required to entertain or consider any landowner's curative
amendment filed under MPC Section 609.1, 909.1 or 916.1 subsequent to the declaration and proposal based upon the grounds identical to or substantially similar to those specified in the resolution required by Subsection
E(1)(b)[1] of this §
84-70. Upon completion of the procedures as set forth in Subsection
E(1) and
(2) of this §
84-70, no rights to a cure pursuant to the provisions of MPC Sections 609.1 and 916.1 shall, from the date of the declaration and proposal,
accrue to any landowner on the basis of the substantive invalidity
of this unamended chapter for which there has been a curative amendment
pursuant to this section.
(4) Following the date of the enactment of a curative amendment or reaffirmation of the validity of this chapter pursuant to Subsection
E(1) and
(2), the Township may not again utilize this procedure for a thirty-six-month period; provided, however, that if after the date of declaration and proposal there is a substantially new duty or obligation imposed upon the Township by virtue of a change in statute or by virtue of a Pennsylvania Appellate Court decision, the Township may utilize the provisions of this section to prepare a curative amendment to this chapter to fulfill said duty or obligation.
F. Public hearing.
(1) Before voting on the enactment of an amendment to
this chapter, the Board of Supervisors shall fix the time and place
of a public hearing on the proposed amendment, which hearing shall
be held pursuant to public notice. In addition, if the proposed amendment
involves a Zoning Map change, notice of said public hearing shall
be conspicuously posted by the Zoning Officer at points along the
perimeter of the lot or tract sufficient to notify potentially interested
citizens. Such posting shall be accomplished at least one week prior
to the date of the hearing. In addition to the requirement that notice
be posted on the property, if the proposed amendment involves a Zoning
Map change, notice of the public hearing shall be mailed by the Township
at least 30 days prior to the date of the hearing by first class mail
to the addresses to which real estate tax bills are sent for all real
property located within the area being rezoned, as evidenced by tax
records within the possession of the Township. The notice shall include
the location, date and time of the public hearing. This public notice
shall not be required when the rezoning constitutes a comprehensive
rezoning of the Township.
[Amended 4-24-2002 by Ord. No. 4-2002; 8-24-2005 by Ord. No.
9-2005]
(2) Public notice of the proposed amendment shall include
reference to the place within the Township where copies of the proposed
amendatory ordinance may be examined and shall include either the
full text of the amendatory ordinance or the title and a brief summary
prepared by the Township Solicitor setting forth all of the provisions
in reasonable detail.
(3) If the full text of the amendatory ordinance is not
included in the public notice, a copy of the full text shall be supplied
by the Township Secretary or Township Solicitor to a newspaper of
general circulation in the Township, and an attested copy of the proposed
amendatory ordinance shall be filed by the Township Secretary or Township
Solicitor with the Chester County Law Library.
(4) In the event that substantial amendments are made
to the proposed amendatory ordinance, the ordinance shall be readvertised
no less than 10 days prior to enactment.