A.
Appointment. A Zoning Officer shall be appointed by the Township
Supervisors to administer and enforce this chapter. Compensation of
the Zoning Officer shall be established by the Supervisors. The Zoning
Officer shall not hold any elective office in the Township.
B.
Duties and powers. It shall be the duty of the Zoning Officer to
enforce the provisions of this chapter and the amendments thereto,
and the Zoning Officer shall have such duties and powers as are conferred
on him by this chapter and as are reasonably implied for that purpose.
The Zoning Officer's duties shall include, but are not limited to,
the following:
(1)
Receive applications for zoning and/or building and sign permits
and issue zoning and/or building and sign permits as set forth in
this chapter.
(2)
Keep a record of all official business and activities, including
complaints of a violation of any of the provisions of this chapter
and of the subsequent action taken on each such complaint. All such
records shall be open to public inspection. File copies of all applications
received, permits issued and reports and inspections made in connection
with any structure, building, sign and/or land shall be retained as
long as the structures, etc., remain in existence.
(3)
Make inspections as required to fulfill the duties of the Zoning
Officer. In doing so, however, he/she shall first seek the permission
of the landowner or tenant, and, in the event such permission cannot
be voluntarily obtained, the Zoning Officer shall have the right to
take such other legal means as are authorized under the law.
(4)
Issue permits for building, structures and land uses for which subdivision
and land development approval is required only after all necessary
approvals have been secured and plans recorded.
(5)
Issue permits for uses requiring new or altered on-site sewage disposal
facilities only after any necessary permit has been issued by the
Township Enforcement Officer.
(6)
Issue permits for special exception uses or for variances only after
a special exception or variance has been approved by the Zoning Hearing
Board in accordance with the regulations of this chapter. Issue permits
for conditional uses only after a conditional use has been approved
by the Township Supervisors.
(7)
Issue permits for buildings requiring approval by the Pennsylvania
Department of Labor and Industry only after such approval has been
secured. Issue permits for a use involving an access point requiring
Pennsylvania Department of Transportation approval only after such
approval has been secured.
(8)
Be responsible for keeping this chapter and the Zoning Map up to
date so as to include all amendments thereto.
(9)
Issue certificates of use and occupancy in accordance with the terms
of this chapter.
(10)
Register identified nonconforming structures and uses created
as a result of the adoption of this chapter and the Zoning Map, or
created as a result of amendments thereto.
(11)
Submit a monthly report of his/her activities to the Township
Supervisors and Township Planning Commission and attend said meetings.
(12)
Serve a notice of violation on any person, firm, corporation,
partnership or other entity responsible for violating any of the provisions
of this chapter, or any amendment thereto, or in violation of a statement
or a plan approved under this chapter. Notice of violation shall be
in writing and served personally to or sent by certified mail to the
entity in violation of this chapter. The notice shall indicate the
nature of the violation and action necessary to correct same. If the
notice of violation is not complied with in the time period set forth
in said notice, the Zoning Officer shall order the discontinuance
of such unlawful use of the structure, building, sign and/or land
involved in said violation. All enforcement notices shall be as provided
in the Pennsylvania Municipalities Planning Code, as amended.
A.
Zoning permits.
(1)
Requirements.
(a)
No building or structure, except temporary fences such as snow
fences and fences around construction sites, shall be erected, constructed,
assembled, extended, reconstructed, replaced, demolished, converted,
moved, added to or structurally altered, nor shall land, buildings
and structures be put to any use or have their use changed, without
a permit therefor issued by the Zoning Officer. A zoning permit is
required for timber harvesting.
(b)
No permit shall be issued unless:
[1]
There is conformity with the provisions of this chapter, except
upon written order from the Zoning Hearing Board in the form of a
variance, or upon order from any court of competent jurisdiction;
[2]
All fees have been paid to Exeter Township, including, but not
limited to, building permit fee, plumbing permit fee, sewer connection
fee, sewer tapping fee, sewer collection fee, street lateral inspection
fee, customers facilities fee, recreation fund fee, driveway permit
fee, road occupancy permit fee, and water meter fee and
[3]
All other permits and approvals have been issued, including,
but not limited to, zoning permit, plumbing permit, on-lot sewage
disposal permit, erosion and sediment control approval, PennDOT driveway
permit, PennDOT road occupancy permit, wetlands mitigation permit,
stream encroachment permit and Pennsylvania Labor and Industry approval.
(c)
Permits are required for permanent fences, for sheds (whether
on a foundation or not) and for driveways (for new construction, widening,
paving and overlaying, but not for liquid sealing).
(2)
Application procedures. The application for a zoning permit shall
be submitted to the Zoning Officer in writing on a form prescribed
by the Zoning Officer. The application shall be submitted by the owner
or lessee of any building, structure or land or the agent of either;
provided, however, that if the application is made by a person other
than the owner or lessee, it shall be accompanied by a written authorization
from the owner or lessee authorizing the work and designating the
agent. The application shall be accompanied by at least the following
information:
(a)
A map of the lot in question, drawn to scale, indicating the
lot size and showing all dimensions of lot lines and the exact location(s)
on the lot of all existing and proposed buildings, fences, signs,
structures and alterations to buildings or structures.
(b)
The use, height, length, width and proportion of the total lot
area covered of all proposed and existing buildings, structures and
additions or alterations to buildings or structures.
(c)
A statement indicating the number of dwelling units and/or commercial
or industrial establishments to be accommodated within existing and
proposed buildings on the lot. In the case of commercial and industrial
uses and home occupations, the floor area to be devoted to each use
shall be indicated.
(d)
The location, dimensions and design of parking and loading areas,
including the size and arrangement of all spaces and means of ingress,
egress and interior circulation, recreation areas, screens, buffer
yards and landscaping, means of egress from and ingress to the lot,
routes for pedestrian and vehicular traffic and outdoor lighting.
(e)
The location of all utility lines, the method of proposed water
supply and sewage disposal and the location of any on-lot facilities.
(f)
All streets, rights-of-way and easements on or adjacent to the
lot.
(g)
Proof of workers' compensation coverage, if the application
is submitted by a contractor.
(h)
All other information necessary for the Zoning Officer to determine
conformance with and provide for enforcement of this chapter.
(3)
Approval or disapproval. Upon receipt of the application and all
accompanying information, the Zoning Officer shall examine them to
determine compliance with this chapter and all other Township ordinances.
Within 35 days from the filing date of the application, the Zoning
Officer shall either approve or disapprove the application. If disapproved,
the Zoning Officer shall explain the reasons therefor, indicating
the manner in which the application could be corrected and/or modified
to obtain approval and informing the applicant of his rights to appeal.
(4)
Issuance and posting of permit. Upon approval of the application
by the Zoning Officer and the payment of the fees established from
time to time by resolution of the Township Supervisors, the Zoning
Officer shall issue a permit which shall be visibly posted on the
site of operations during the entire time of construction. The permit
shall expire one year from the date of approval of the application
by the Zoning Officer, provided that it may be extended at the discretion
of the Zoning Officer for a six-month period. A zoning and/or building
permit shall expire if the activity which is authorized by the permit
is not begun, in the opinion of the Zoning Officer, within six months
of issuance of the permit.
(5)
Rights of permit holders. The permit shall be a license to proceed
with the work described on the approved application in accordance
with all Township ordinances. The Zoning Officer shall revoke a permit
for approval issued under the provisions of this chapter in case of
any false statement or misrepresentation of fact in the application
on which the permit or approval was based or for any other cause set
forth in this chapter.
B.
Sign permits.
(1)
Signs exempt from permit requirement.
(a)
No sign shall hereafter be erected, rebuilt, altered, relocated
or enlarged until a permit is issued by the Code Enforcement Officer
for such purposes, except for signs listed below:
[1]
Signs used by churches, synagogues, governmental bodies, schools
or civic organizations.
[2]
Construction signs of 32 square feet or less.
[3]
Directional/informational signs of 12 square feet or less.
[4]
Holiday or special events decorations.
[5]
Nameplates, house numbers, address signs.
[6]
Political signs.
[7]
Public signs or notices, or any sign relating to an emergency.
[8]
Real estate signs.
[9]
Window signs.
[10]
Temporary signs as permitted.
[11]
Any other sign which does not exceed 12 square
feet in area.
[12]
Traffic control signs.
(b)
The fact that a permit is not required for a sign does not exempt
that sign from compliance with any of the provisions of this chapter.
(2)
Application shall be made in writing to the Code Enforcement Officer
on a form specified for such purpose and shall contain the following:
(a)
A detailed scale drawing of the sign.
(b)
A statement indicating the type of construction, the manner
of installation, and the materials to be used.
(c)
A scale drawing of the lot indicating the location of the sign.
All abutting street right-of-way lines shall be indicated.
(d)
A statement indicating all sources of light and methods of illumination.
(e)
A statement indicating the distance from the ground to the lowest
portion of the sign and from the ground to the highest portion of
the sign.
(f)
For signs, which will project from or be attached to buildings,
a diagram indicating the location of the sign with the respect to
the building facade to which it will be attached, including distance
of projection from the building.
(g)
A statement that all the requirements of this chapter shall
be adhered to and that the sign will be erected according to the accompanying
plans and specifications.
(h)
The signature of the applicant. When the applicant is not the
owner of the premises on which the sign will be erected, both the
applicant and the owner of the premises shall sign the application.
A.
Requirements. It shall be unlawful to sell, convey, lease, rent or
use and/or occupy any building, structure or land or portion thereof
for which a zoning permit is required until a certificate of use and
occupancy has been issued by the Zoning Officer and by the Pennsylvania
Department of Labor and Industry (where applicable). The Zoning Officer
shall not issue a certificate of use and occupancy unless the Zoning
Officer has inspected such building, structure or land and has determined
that all provisions of this chapter and other rules, regulations and
ordinances of the Township have been complied with.
B.
Issuance. Upon the receipt of notification that the work for which
a zoning permit has been issued has been completed, the Zoning Officer
shall inspect the premises to determine that the work has been performed
in accordance with the approved application and all ordinances of
the Township. If he is satisfied that the work has been completed
in accordance with the approved application, he shall issue a certificate
of use and occupancy to the permit holder for the use indicated on
the approved application. A copy of the certificate of use and occupancy
shall be retained by the Zoning Officer as part of the Township records.
If he/she finds that the work has not been performed in accordance
with the approved application, the Zoning Officer shall refuse to
issue the certificate of use and occupancy and in writing give the
reasons therefor and inform the permit holder of his right of appeal.
C.
For uses for which performance standards are imposed by this chapter,
no certificate of use and occupancy shall become permanent until 30
days after the use is in operation and only after, upon reinspection
by the Zoning Officer, it is determined that the use is in compliance
with all performance standards. After such reinspection, the Zoning
Officer shall notify the applicant that the use is in compliance with
the performance standards and that the certificate of use and occupancy
is permanent, occupancy is permanent, or that the use is not in compliance
and that the certificate of use and occupancy will be revoked within
30 days of the notification if compliance with all performance standards
is not secured.
D.
Temporary certificate of use and occupancy.
(1)
Upon request of the holder of a zoning permit, the Zoning Officer
may issue a temporary certificate of use and occupancy for a building,
structure, sign and/or land or portion thereof before the entire work
covered by the permit shall have been completed. Such portions may
be used and/or occupied prior to full completion of the work provided
life and the public health, safety, morals and general welfare of
the residents and inhabitants of the Township are not endangered.
(2)
The Zoning Officer may also issue a temporary certificate of use
and occupancy for such temporary uses as tents, trailers and buildings
on construction sites, and for the use of land for religious and other
public or semipublic purposes or other temporary use and/or occupancy
upon order of the Township Supervisors. Such temporary certificate
shall be for the period of time to be determined by the Township Supervisors
at the time of application, but in no case shall any certificate,
except those for uses on construction sites, be issued for more than
six months.
The Township Supervisors shall establish, by resolution, a schedule
of fees and charges of requests for zoning and/or building permits,
certificates of use and occupancy, special exceptions, variances,
amendments to this chapter and other matters pertaining to this chapter.
A collection procedure shall also be established. Until all application
fees and charges have been paid in full, no action shall be taken
on any application or other matter.
The provisions of this chapter and the Zoning Map may from time
to time be amended, supplemented or changed by the Township Supervisors.
A.
Procedure. The following procedures shall be observed prior to making
any amendment or change to this chapter or parts thereof, including
the Zoning Map:
(1)
Every proposed amendment or change not initiated by the Township
Planning Commission shall be referred to the Township Planning Commission
at least 30 days prior to the date of the public hearing to provide
the Township Planning Commission an opportunity to submit recommendations
prior to the hearing. The Planning Commission shall review each amendment
against the community development objectives, land use plan, circulation
plan and community facilities plan comprising the Comprehensive Plan
for the Township.
(2)
All proposed amendments to this chapter shall be submitted to the
County Planning Commission for their recommendations at least 30 days
prior to the public hearing.
(3)
Curative amendments. The procedure upon curative amendments shall
be as established in the Pennsylvania Municipalities Planning Code,
as amended.[1] A curative amendment shall be referred to the County and
the Township Planning Commission as provided in this section, and
notice of any hearing thereon shall be given as provided by law.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
Submission of impact statement. With a request for a zoning amendment
initiated by other than the Township Planning Commission or Township
Supervisors, a statement indicating the impact of the zoning change
on the Township shall be submitted with the application for rezoning.
The statement shall compare the impact on the Township resulting from
the existing zoning with impact resulting from the proposed zoning,
specifically discussing:
(1)
Agricultural impact. The acreage and productivity rating of soils
to be taken out of production or agricultural use.
(2)
Environmental impact. The impact on wooded areas, floodplains, areas
of high water table, wildlife habitats, stormwater runoff, erosion
and sedimentation, historic sites, water quality, air quality, solid
waste generation and noise levels.
(3)
Traffic impact. The impact on traffic generation per day and at peak
hours, including numbers and routes expected to be used. An analysis
of traffic capacities of adjacent roads and intersections and roads
and intersections to be significantly affected by the zoning change
shall be prepared.
(4)
Services impact. The demand for school, police, sewer, water, sanitation
and road maintenance services.
C.
Public hearing.
(1)
The Township Supervisors shall hold a public hearing before voting
on the enactment of any amendment or change. Public notice of such
hearing shall be given as required by law. If, after any public hearing
held upon an amendment or change, the proposed amendment or change
is revised, or further revised, to include land previously not affected
by it, the Township Supervisors shall hold another public hearing
pursuant to public notice prior to voting on the amendment or change.
The Township Supervisors shall vote on the proposed amendment within
90 days after the last public hearing. Enactment of amendments shall
be in accordance with the procedure established in the Pennsylvania
Municipalities Planning Code, as amended.
(2)
Once a public hearing has been advertised regarding an individual
property or a Zoning Map change, a notice shall be posted on each
side of the affected property which faces a street in such a position
that such notice is readily readable. The notice shall be posted at
least one week prior to the hearing and shall state the following:
(a)
That an application for an amendment to this chapter or Zoning
Map has been requested;
(b)
The proposed use of the property;
(c)
The existing zoning district and the proposed zoning district;
(d)
The name of the applicant and the owner of the property;
(e)
The date, time and place of the public hearing.
A.
Scope. A stop order may be issued in the following instances:
(1)
If activities regulated by this chapter are undertaken without the
required zoning permit, building permit, sign permit, or certificate
of use and occupancy being granted by the Township.
(2)
If an activity undertaken under a zoning permit, building permit
or sign permit deviates from the approved application either during
or after completion of the work.
(3)
If a use is conducted or a building or structure is established in
a way which is in violation of the use requirements, area, yard, coverage
and height regulations, performance standards, general regulations
or any other requirements of this chapter.
(4)
If an activity permitted by special exception, variance or condition
is not conducted in accordance with the terms of the granting of the
special exception, variance or conditional use.
B.
Notice to owner. A stop order shall be issued by the Zoning Officer
and delivered to the owner of any property or his agent. Delivery
shall be construed to include certified mail or posting on the property.
C.
Contents. The stop order shall be in writing and state the nature
of the violation and under which conditions the work or use may resume.
A reasonable period of time as determined by the Township Zoning Officer
may be permitted to allow for the required corrections.
D.
Unlawful continuance. Any person who shall continue in violation
of any stop order shall be in violation of this chapter and subject
to the penalties provided within this chapter.
A.
If it appears to the municipality that a violation of any zoning
ordinance enacted under this act or prior enabling laws has occurred,
the municipality shall initiate enforcement proceedings by sending
an enforcement notice as provided in this section.
B.
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.
C.
An enforcement notice shall state at least the following:
(1)
The name of the owner of record and any other person against whom
the municipality 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 must be completed.
(5)
That the recipient of the notice has the right to appeal to the Zoning
Hearing Board within 30 days after notice of the determination is
issued.
(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 clearly described.
A.
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 any ordinance enacted under this act or prior
enabling laws, the governing body or, with the approval of the governing
body, an officer of the municipality, 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 governing body of
the municipality. No such action may be maintained until such notice
has been given.
B.
Jurisdiction. District justices shall have initial jurisdiction over proceedings brought under § 390-89C.
C.
Enforcement remedies.
(1)
Any person, partnership or corporation who or which has violated
or permitted the violation of the provisions of any zoning ordinance
enacted under this act or prior enabling laws shall, upon being found
liable therefore in a civil enforcement proceeding commenced by a
municipality, pay a judgment of not more than $500 plus all court
costs, including reasonable attorney fees incurred by a municipality
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
district justice. If the defendant neither pays nor timely appeals
the judgment, the municipality may enforce the judgment pursuant to
the applicable rules of civil procedures. 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 has been a good faith basis for the person, partnership
or corporation violating the ordinance 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 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 zoning ordinances shall be paid over to the municipality
whose ordinances have been violated.
(2)
The court of common pleas, upon petition, may grant an order of stay,
upon cause shown, tolling the per diem fine pending a final adjudication
of the violation and judgment.
(3)
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than the municipality the right
to commence any action for enforcement pursuant to this section.
A.
Application. One copy of an application for permission to conduct a use permitted by condition shall be submitted to the Township Secretary. Such application shall include all information specified for a zoning permit application in § 390-83 of this chapter and any other information necessary to allow the Township Supervisors to determine that all requirements of this chapter have been met.
B.
Review.
(1)
After receiving an application, the Supervisors shall refer one copy
of the application to the Township Planning Commission for its review
and one copy to the Township Zoning Officer for his review. The application
shall be reviewed at one or more advertised meetings of the Township
Supervisors with the initial hearing being commenced within 60 days
of receipt of the application, unless the applicant agrees, in writing,
to an extension of time. Each subsequent hearing shall be held within
45 days of the prior hearing. The Supervisors shall either approve
or disapprove the application, in writing, within 45 days after the
date of the final hearing.
C.
Standards.
(1)
Conditional uses shall meet the specific standards established for
each use by this chapter and all other applicable zoning district
requirements and general regulations established by this chapter.
In addition, the following standards shall be met:
(a)
The use shall be one which is specifically authorized as a conditional
use in the zoning district wherein the applicant is seeking a conditional
use.
(b)
Services and utilities shall be made available to adequately
service the proposed use.
(c)
The use will not generate traffic such that hazardous or unduly
congested conditions will result.
(d)
The use is appropriate to the site in question.
(e)
The use shall not adversely affect the character of the general
neighborhood, or the health and safety of residents or workers on
adjacent properties and in the general neighborhood.
(2)
The applicant shall demonstrate, as a condition to approval of his application, that the standards in Subsection C and those specified elsewhere in this chapter for the use in question would be met.
(3)
The Township Supervisors may impose such additional safeguards as
are necessary to protect the public health, safety and welfare.
A.
Scope. Construction of any new building, or an addition or expansion
of an existing building in excess of the lesser of 2,500 square feet
or 25% of existing building size, or change in use, except one single-family
detached dwelling, one single-family semidetached dwelling, one two-family
detached dwelling, agricultural buildings and other accessory buildings,
shall be subject to a land development plan approval prior to the
issuance of a zoning and/or building permit. Any construction exempted
from land development plan approval shall comply with the Schuylkill
River Watershed Stormwater Management Ordinance.[1]
B.
Application procedures. Applications shall be submitted to the Township
Planning Commission for review and recommendation to the Exeter Township
Board of Supervisors for approval and recording, if applicable. The
following material shall be supplied as applicable:
(1)
A plot plan of the lot showing the location of all present and proposed
buildings, drives, parking lots, loading areas, curb cuts, other necessary
construction features and the location of all topographical features;
(2)
Complete architectural design drawings for any proposed industrial,
commercial or residential multifamily building. In all residential
developments, architectural design drawings of the prototype of each
different residential dwelling shall be required;
(3)
A description of any commercial or industrial operations proposed
in sufficient detail to indicate the effects of those operations in
producing traffic congestion, noise, glare, air pollution, water pollution,
vibration, fire hazards, safety hazards or the emission of any potential
harmful or obnoxious matter or radiation. Engineering and architectural
design drawings shall be provided for the handling of any of these
problems.
(4)
All necessary information to determine compliance with the requirements
of this chapter for parking and loading.
(5)
Designation of the manner by which sanitary sewage and storm drainage
shall be disposed and water supply obtained, including the proposed
location of any underground pipes. Engineering and architectural design
drawings shall be provided for any water plant or sewage disposal
plant. Stormwater runoff calculations shall accompany plans for accommodating
runoff and shall demonstrate compliance with the Schuylkill River
Watershed Stormwater Management Ordinance.[2] A statement indicating all improvements to be undertaken
during the first phase of construction, those which are to be completed
within one year from the issuance of a plan approval, as well as those
being built at a later date. This statement shall also show a list
of firms which are likely to be located within the development, their
floor area and estimated number of employees.
(6)
Other data required by this chapter or deemed necessary by the Planning
Commission because of the unusual nature of the activities.
C.
Review. The Planning Commission shall examine the materials to determine
whether the proposed development conforms to this chapter and make
available its findings, including necessary modifications, which must
be provided for approval to the applicant and to the Exeter Township
Board of Supervisors who shall take action within 90 days.
D.
Issuance. All plan approval reviews by the Planning Commission and
Supervisors shall be forwarded to the Zoning Officer and maintained
as a matter of public record. Notice of the decision shall be given
to all parties in interest and any third parties requesting such notice.
An approved land development plan approval shall continue in effect
for six months from the date it is supplied to the Zoning Officer.
If no construction work is undertaken by that date, the approval shall
be nullified.
Sign permits shall be required in accordance with the § 390-69 of this chapter.
A.
Scope. A certificate of intention shall be required in all instances
where a nonconforming use is discontinued if the owner or operator
of such use desires to maintain such a nonconforming use.
B.
Procedure. The Zoning Officer shall maintain proper forms for the
registration of any certificate of intention. It shall be incumbent
upon the owner or applicant to file such a form with the Zoning Officer.
C.
Notification. The proper adoption of this chapter shall be considered
effective notice to all owners or operators of nonconforming uses
of the requirements for registration for the discontinuance of all
nonconforming uses.
D.
Filing. The Zoning Officer shall maintain a separate file for all
certificates of intention.
