It is the purpose of this article to outline
the procedures, rules, and regulations by which this chapter shall
be administered.
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
districts in which such land, building or structure is located, as
well as all other applicable statutes.
B.
In case of mixed occupancy within the same building
or on the same lot, the regulations for each use shall apply to that
portion of the building or land so used.
There shall be a Zoning Officer who shall be
appointed by the Board of Supervisors and whose duty it shall be to
enforce the provisions of this chapter in accordance with § 270-128.
The Zoning Officer shall not hold any elective
office in the Township and shall meet the qualifications established
by the Board of Supervisors. Further, the Zoning Officer 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 Zoning Chapter in accordance with its literal term,
and shall not have the power to permit any construction or change
of use which does not conform to the Zoning Chapter. The responsibilities
of the Zoning Officer shall include the following:
A.
To examine all applications for permits required by
this chapter.
B.
To issue permits only for construction and uses which
are in accordance with the regulations of this chapter and as may
be amended.
C.
To record and file all applications for permits and
accompanying plans and documents and keep them for public record.
D.
To issue permits for uses by special exception and
variances only after such uses are ordered by the Zoning Hearing Board
in accordance with the regulations of this chapter, or Court of Appeals,
subject to any stipulations contained in such order.
E.
To inspect nonconforming uses, buildings and lots
and to keep a filed record of such nonconforming uses and buildings
as a public record and to examine them periodically.
F.
Upon the request of the Board of Supervisors or the
Zoning Hearing Board, present to such bodies facts, records, and any
similar information on specific requests to assist such bodies in
reaching its decision.
G.
To be responsible for maintaining an up-to-date copy
of this chapter and the Zoning Map, filed with the Township Secretary
and to include any amendments thereto.
H.
To be responsible for the administration of the National
Flood Insurance Program in North Coventry Township and specifically
in those areas where records must be maintained relative to the types
of land use permitted and occurring within the floodplain district,
variances issued, base flood elevations, elevation of lowest floor,
including basement, the elevation to which the structure is floodproofed
and other administrative functions necessary for participation in
the National Flood Insurance Program.
I.
To notify in riverine situations, adjacent communities
and the State Department of Environmental Protection prior to any
alteration or relocation of a watercourse, and submit copies of such
notifications to the Township Manager.
J.
To assure the flood-carrying capacity within the altered
or relocated portion of any watercourse is maintained.
K.
To be responsible for applicable provisions included
in all other codes, ordinances and regulations that are applied insofar
as they are consistent with the Township need to minimize the hazard
and damage which may result from flooding.
L.
To process all applications for special exceptions
and variances and present them to the Zoning Hearing Board.
A.
In the event that any building, structure, landscaping,
sign, or land, is or is proposed to be, erected, constructed, reconstructed,
altered, converted, maintained or used in violation of any ordinance
enacted under this act or prior enabling laws, the Board of Supervisors,
or with the approval of the Board of Supervisors, an officer of the
Township 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 land, or to prevent
in or about such premises, any act, conduct, business or use constituting
a violation. When any such action is instituted by a landowner or
tenant, notice of that action shall be served upon the municipality
at least 30 days prior to the time the action is begun by serving
a copy of the complaint on the Board of Supervisors. No such action
may be maintained until such notice has been given.
B.
Enforcement proceedings shall commence when it appears
that a violation of any provisions of this Zoning Chapter occurs.
Written notice of a violation is to be served by the Zoning Officer
or duly authorized representative of the Zoning Officer on the owner,
agent, occupant, contractor and/or builder responsible for the violation.
Upon receipt of such notice, discontinuance of the violation shall
occur immediately. Enforcement proceeding shall be initiated as follows:
(1)
Where the Township, represented by the Zoning
Officer, believes there is cause for a violation of this chapter,
enforcement proceedings shall be initiated by sending an enforcement
notice as provided hereunder.
(2)
The enforcement notice shall be sent to the
owner of record of the parcel 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.
(3)
The enforcement notice shall state, at a minimum,
the following:
(a)
The name of the owner of record and any other
person against whom the municipality 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 this chapter;
(d)
The date before which the steps for compliance
must be commenced and the date before which the steps must be completed;
A.
The Magisterial District Judge shall have initial
jurisdiction for all proceedings brought under this section.
B.
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 thereof in a civil enforcement
proceeding, 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 payable
until the date of the determination of a violation by the Magisterial
District Judge. If the defendant fails to pay or to appeal the judgment
in a timely manner, the Township may enforce the judgment pursuant
to applicable rules of civil procedure. Each date that a violation
continues shall constitute a separate violation, unless the Magisterial
District Judge 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 Magisterial District Judge;
and thereafter each day that a violation continues shall constitute
a separate violation. All judgments, costs and reasonable attorney
fees collected for violating this chapter shall be paid to the Township.
C.
The Court of Common Pleas, upon petition, may grant
an order of stay, upon cause shown, tolling the per diem find pending
a final adjudication of the violation and judgment.
D.
Nothing contained in this section shall be construed
or interpreted to grant any person or entity other than the Township
the right to commence any action for enforcement pursuant to this
section.
A.
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 or improvement under the application complies with the provisions
of this chapter and all other existing statutes.
B.
Applications for permits required under this chapter
may be submitted by an owner or a designated representative thereof;
however, responsibility for obtaining any required permit and compliance
with existing statutes, shall rest with the property owner.
C.
No permit shall be issued except in conformity with
the regulations of this chapter, and other existing statutes, except
after written order from the Zoning Hearing Board or the Courts. Any
permits issued on written order of the Zoning Hearing Board or a court
of competent jurisdiction shall be subject to any stipulation contained
in that order.
D.
In all instances in which the Zoning Officer expresses
a reasonable doubt as to the ability of a proposed use to meet all
the requirements of this chapter, it will be incumbent upon the applicant
to furnish adequate evidence in support of this application. If such
evidence is not presented, the zoning permit will be denied.
E.
The parcel or parcels of land or buildings or parts
of buildings for which an application is being submitted shall be
in the ownership of the applicant, or proof of equitable ownership
shall be furnished at the time of application.
F.
No application is complete until all the necessary
documents have been filed and fees have been paid.
All permit fees under this chapter shall be
established by resolution of the Board of Supervisors and a schedule
of such shall be made available to the general public. The Board of
Supervisors shall be empowered to reevaluate the fee schedule and
make necessary alterations to it. Such alterations shall not be considered
an amendment to this chapter and may be adopted at any public meeting
of the Board of Supervisors by resolution.
A.
All applicants for permits or certificates shall be
given written notice of the status of the application within 30 days,
unless otherwise specified.
B.
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. 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, in which case he shall instruct the applicant in the method of appeal or application to the Zoning Hearing Board, as set forth in Article XVII.
A.
A zoning permit shall be required prior to: a change
in use of land or buildings; a change in the principal use or expansion
of a nonconforming use; or development within the Floodplain Conservation
District. The placing of vacant land under cultivation shall not require
a zoning permit. It shall be unlawful to commence any site work or
other work requiring a zoning permit until a permit has been properly
issued therefor.
B.
Application for permits under this section, along
with accompanying plans and data, may be submitted by the Zoning Officer
to any appropriate governmental agency, authority or representative
for review and comment relative to compliance with existing statutes
and the Zoning Officer shall consider those comments in action on
the application. All applications shall be accompanied by:
(1)
Three copies of the approved land development
and/or plot plan together with any other data and information required
by the Zoning Officer to evaluate compliance with this chapter and
other existing statutes.
(2)
Three copies of detailed architectural plans
for any proposed building or structure under the application.
(3)
Wherein the disturbance or movement of earth
is contemplated, a soil erosion and sedimentation control plan with
an accompanying narrative prepared by a qualified person for review
and approval by the Township Engineer; or, when applicable, a copy
of the permit issued by the Pennsylvania Department of Environmental
Resources approving earth moving operations.
(4)
Permits or certification from the appropriate
agency for the provision of a healthful water supply, disposal of
sewage and other wastes, and control of objectionable effects as well
as any other appropriate, lawful permits as may be required by statute.
(5)
All applicable PennDOT permits.
(6)
Additional copies of any information that may
be required by the Zoning Officer.
C.
A temporary zoning permit may be authorized by the
Zoning Officer for a nonconforming structure or use which it deems
beneficial to the public health or general welfare or which it deems
necessary to promote the proper development of the community, provided
that such nonconforming structure or use shall be completely removed
upon expiration of the permit without cost to the Township. Such a
permit shall be issued for a specified period of time, not exceeding
one year.
A.
A sign permit shall be required prior to the erection or modification of any sign, sign structure or change in location of an existing sign, with the exception of those signs exempted in § 370-102, Exempt signs.
B.
Application shall be made in writing on an appropriate form to the Zoning Officer and shall contain all information necessary for such officer to determine whether the proposed sign, or the proposed alteration, conform to all the requirements of this chapter. All applications for sign permits shall be accompanied by plans or diagrams in duplicate and approximately to scale, showing the information required by § 370-110B. 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 same.
A.
A building permit shall be required prior to the erection
or alteration of or addition to, any building or other structure or
portion thereof. It shall be unlawful for any person to commence work
on the erection or alteration of, or addition to, any building or
structure or portion thereof until a building permit has been duly
issued therefor, except as provided by special exception.
B.
All applications for building permits shall be accompanied
by a plot plan drawn to scale and 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 lot lines of such lot, and the lines within which the proposed
building or other structure shall be erected or altered. 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.
C.
No building permit shall be issued until the Zoning Officer has certified that the proposed building, structure or alteration complies with the provisions of this chapter and applicable ordinances. Upon approval of an application and the payment of the required fee, as defined by the Board of Supervisors and as may be amended, the Zoning Officer shall issue a building permit which shall be visibly posted on the premises during the entire time the proposed work is being undertaken. Upon completion of the erection, addition to, or alteration or any building, structure or portion thereof authorized by any building permit obtained in compliance with this chapter, and prior to use and occupancy, the holder of such permit shall notify the Zoning Officer of such completion. Use and occupancy shall not be authorized until the Zoning Officer has certified that the work has been inspected and approved as being in conformity with this and other applicable ordinances, and has issued a use and occupancy permit as provided in § 370-137. A building permit shall expire one year from the date of issuance, provided that it may be extended at the discretion of the Zoning Officer for a six-month period where good faith is demonstrated by the applicant.
A.
It shall be unlawful for the applicant, person or
other entity to sell, occupy any building or other structure or parcel
of 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 activities:
B.
All applications for use and occupancy permits shall
be made in writing on forms furnished by the Township and shall include
all information necessary to enable the Zoning Officer to ascertain
compliance with this chapter.
C.
No use and occupancy permit shall be issued until
the Zoning Officer has certified that the proposed use complies with
all the provisions of this chapter and any other applicable ordinance.
D.
Issuance.
(1)
Use and occupancy permits shall be granted or
refused within 10 days from the date of application. No application
shall be granted or refused until the Zoning Officer has inspected
the premises. Issuance of this permit by the Township Official or
employee designated by the Zoning Officer shall be based in conformity
of the work to the requirements of this chapter and any other pertinent
ordinance.
(2)
Pending completion of a building or of alterations
thereto, temporary use and occupancy permit may be issued by the Zoning
Officer for a temporary occupancy of part or all of the building,
provided that such temporary occupancy will not adversely affect the
health, safety, and welfare of the public or property, and providing
further that a time limit for temporary permits not exceeding six
months shall be established.
(3)
In commercial and industrial districts in which
performance standards are imposed or when required by the Zoning Officer,
no use and occupancy permit shall become permanent until 60 days after
the facility is fully operating, when upon a reinspection by the Zoning
Officer it is determined that the facility is in compliance with all
performance standards.
A.
An application for a conditional use shall be filed
with the Township Manager and presented to the Board of Supervisors,
and shall state:
(1)
The name and address of the applicant;
(2)
The name and address of the owner of the real
estate to be affected by the proposed conditional use application;
(3)
A description and location of the real estate
on which the conditional use is proposed;
(4)
A statement of the present zoning classification
of the real estate in question, the improvements thereon, and the
present use thereof;
(5)
A statement of the section of this chapter which
authorizes the conditional use, and the standards which regulate the
design of said use; and
B.
The application for a conditional use shall be filed
with the Township Manager on such forms as may be prescribed for that
purpose, and shall be accompanied by the application fee, prescribed
from time to time, by the Board of Supervisors. No application shall
be received for filing unless accompanied by the required filing fee.
The Secretary shall submit the application to the Township Planning
Commission within five days of receipt, and the Planning Commission
shall review the application and make a recommendation to the Board
of Supervisors within 30 days thereafter.
C.
The Board of Supervisors shall hold a public hearing
on the conditional use application in accordance with the following
procedures:
(1)
Notice of the hearing shall be given to the
public by publication in newspaper of general circulation in the Township
at least twice, the first such notice to be not less than 14 days
prior to the date of the scheduled hearing. Additionally, like notice
thereof shall be given to the applicant, the Zoning Officer, and to
any person who has made timely written request for same. Notice of
the hearing shall be conspicuously posted on the affected tract of
land at least one week prior to the hearing. The Board of Supervisors
shall conduct its first hearing on the application within 60 days
from the date the application is filed with the Township Secretary
unless the applicant waives or extends the time limitation.
(2)
The parties to the hearing shall be the Township
any person affected by the application who has made timely appearance
on the record before the Board of Supervisors, and any other person,
including civic or community organizations permitted to appear by
the Board of Supervisors. The Board of Supervisors shall have the
power to require that all persons who wish to be considered parties
enter written appearances on forms provided by the Board for that
purpose.
(3)
The Chairman or Acting Chairman of the Board
of Supervisors shall have power to administer oaths and issue subpoenas
to compel the attendance of witnesses and the production of relevant
documents and papers, including witnesses and documents requested
by the parties.
(4)
Formal rules of evidence shall not apply, but
irrelevant, immaterial, or unduly repetitious evidence may be excluded.
(5)
The Board of Supervisors shall keep a stenographic
record of the proceedings. The appearance fee for a stenographer shall
be shared equally by the applicant and the Board of Supervisors. The
cost of the original transcript shall be paid by the Board of Supervisors
if the transcript is ordered by the Board or shall be paid by the
person appealing from the decision of the Board if such appeal is
made. The cost of additional copies shall be paid by the person requesting
such copy or copies.
(6)
The Board of Supervisors shall render a written
decision within 45 days after the last hearing before the Board. Where
the application is contested or denied, the decision shall be accompanied
by findings of fact and conclusions based thereon, together with the
reasons therefor.
(7)
A copy of the final decision shall be delivered
to the applicant and the parties before the Board of Supervisors personally
or mailed to them not later than the day following the date of the
decision.
D.
In granting or denying a conditional use or establishing conditions with reference to such grants, the Board of Supervisors shall use as a guide in evaluating a proposed conditional use, and may determine to be mandatory, those standards established for review of special exception applications by § 370-149 of this chapter. The burden of establishing compliance with those enumerated standards shall be upon the applicant by a fair preponderance of the credible evidence. The standards required by this subsection shall be deemed a part of the definitional aspect under which a conditional use may be granted, and the failure of the applicant to establish his compliance with all of the standards shall, at the discretion of the Board of Supervisors, be deemed either a basis for the establishing of conditions or limitations on an approval or the basis for a determination that the applicant has not met the requirements for which a conditional use may be granted.
E.
Nothing in this section shall be construed to relieve the applicant for a conditional use approval from obtaining other required approvals mandated by Chapter 320, Subdivision and Land Development, or other applicable ordinances.
F.
Appeals from a determination of the Board of Supervisors
pursuant to any application for conditional use shall be only as prescribed
within such times permitted by the applicable provisions of the Pennsylvania
Municipalities Planning Code.
G.
In granting an application for conditional use, the
Board of Supervisors may attach such additional reasonable conditions
and safeguards as it deems necessary and appropriate to insure compliance
with the provisions of this chapter and to protect the health, safety
and general welfare of the community.
The granting of any permit under this chapter
by the Township or any of its designated officials for the use of
land or structures or the erection, alteration or extension of any
structure or the approval of any subdivision or land development plan
shall not constitute a representation, 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, alterations 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 pursuant thereto.
