A.
Administration.
(1)
Zoning Officer. The provisions of this chapter shall be enforced
by an agent to be appointed by the Board of Supervisors, who shall
be known as the "Zoning Officer." The Zoning Officer shall be appointed
at the first meeting of the Board of Supervisors following the adoption
of this chapter to serve until the first day of January next following,
and shall thereafter be appointed annually to serve for a term of
one year and/or until his successor is appointed. The Zoning Officer
may succeed himself. He shall receive such fees or compensation as
the Board of Supervisors may, by resolution, provide.
(2)
Duties. The duties of the Zoning Officer shall be:
(a)
To receive, examine and process all applications for permits.
(b)
To issue permits for the construction, alteration, repair, extension,
replacement and uses which are in accordance with the regulations
of this chapter and as may be subsequently amended.
(c)
To record and file all applications for permits and accompanying
plans and documents and keep them for public record.
(d)
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 with the view of eliminating
the nonconforming uses under the existing laws and regulations, and
to issue certificates of occupancy for them.
(e)
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 their decisions.
(f)
To be responsible for the keeping up-to-date of this chapter
and the Zoning Map, filed with the Township Secretary, and to include
any amendments thereto.
B.
Enforcement. This chapter shall be enforced by the Zoning Officer
of the Township. No permit of any kind as provided in this chapter
shall be granted by him for any purpose except in compliance with
the provisions of this chapter.
C.
Violations. Failure to secure a permit prior to the erection, construction
or alteration of a building or failure to secure a certificate of
occupancy shall be a violation of this chapter. It shall also be a
violation of this chapter to undertake other deliberate actions which
are contrary to the terms of this chapter.
D.
Violation and enforcement provision. Any person, partnership or
corporation who or which has violated the provisions of this chapter
or prior ordinances shall, upon being found liable therefor in a civil
enforcement proceeding commenced by the municipality, pay a judgment
of not more than $500 plus all court costs, including reasonable attorneys'
fees, incurred by the 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 Magisterial District Judge.
If the defendant neither pays nor timely appeals the judgment, the
municipality 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 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 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 Magisterial District Judge, and thereafter each day that a
violation continues shall constitute a separate violation.[1]
E.
Remedies. In case any building or structure is erected, constructed,
reconstructed, altered, repaired, converted or maintained, or any
building, structure or land is used, or any hedge, tree, shrub or
other growth is maintained in violation of this chapter or of any
regulations made pursuant hereto, in addition to other remedies provided
by law, any appropriate action or proceedings, whether by legal process
or otherwise, may be instituted or taken to prevent such unlawful
erection, construction, reconstruction, alteration, repair, conversion,
maintenance or use; to restrain, correct or abate such violation;
to prevent the occupancy of said building, structure or land; or to
prevent any illegal act, conduct, business or use in or about such
premises.
A.
General.
(1)
A zoning permit shall be required prior to a change in use of land
or buildings or the erection, construction or alteration of any building,
structure or any portion thereof. No permit shall be required for
repairs or maintenance of any building, structure or grounds, provided
such repairs do not change the use or otherwise violate the provisions
of this chapter.
(2)
Application for permits shall be made in writing to the Zoning Officer
and shall contain all information necessary for such officer to ascertain
whether the proposed erection, construction, alteration or use complies
with the provisions of this chapter.
(3)
Such permits shall be granted or refused within 30 days from date
of application.
(4)
No 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)
In all instances in which the Zoning Officer expresses a reasonable
doubt as to the ability of the proposed use to meet all the requirements
of this chapter, it will be incumbent upon the applicant to furnish
adequate evidence in support of his application. If such evidence
is not presented, the zoning permit will be denied.
(6)
The parcel or parcels shall be in a single and full ownership or
proof of option shall be furnished at the time of application.
B.
Application for zoning permits for uses in all commercial and industrial
districts.
(1)
A location plan showing the tract to be developed, zoning district,
and adjoining tracts, significant natural features, and streets for
a distance of 200 feet from all tract boundaries.
(2)
A plot plan of the lot showing the location of all present and proposed
buildings, drives, parking lots, showing driveways, circulation patterns,
curb cut accesses, parking stalls and bumpers, access from streets,
screening fences and walls, waste disposal fields or other methods
of sewage disposal, and other constructural features on the lot, and
the location of all topographical features.
(3)
Architectural plans for any proposed building.
(4)
A description of the 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 potentially harmful or obnoxious
matter or radiation.
(5)
Engineering and architectural plans for treatment and disposal of
sewage and industrial waste, tailings or unusable by-products.
(6)
Engineering and architectural plans for handling of traffic, noise,
glare, air pollution, water pollution, vibration, fire hazards or
safety hazards, smoke or emission of any potentially harmful or obnoxious
matter or radiation.
(7)
Designation of the manner by which sanitary sewage and stormwater
shall be disposed and water supply obtained.
(8)
The proposed number of shifts to be worked and the maximum number
of employees on each shift.
(9)
Where use by more than one firm is anticipated, a list of firms which
are likely to be located in the center, their floor area, and estimated
number of employees.
(10)
Applications for permits under this section, along with accompanying
plans and data, shall be submitted by the Zoning Officer to the Planning
Commission for the Commission's review and comment. The Planning Commission
shall review the material to determine that the proposed development
is in harmony with the intent of this chapter and the Comprehensive
Plan. The Planning Commission shall make its comments on the application
within 20 days of its receipt. The Zoning Officer shall take into
consideration the comments of the Planning Commission in his approval
or denial of the application.
C.
Application for all other permits. Applications shall be accompanied
by plans in duplicate drawn to scale and showing the following:
(1)
Actual dimensions and shape of lot to be built upon.
(2)
Exact size and locations on the lot of all buildings and other structures,
if any, and the location and dimensions of proposed buildings and
other structures or alteration.
(3)
Existing and proposed uses, showing the number of families the building
is designed to accommodate.
(4)
Any other lawful information that may be required by the Zoning Officer
or other sections of this chapter.
(5)
Water and sewer systems (sanitary and storm) shall conform to the
most recent applicable regulations adopted by the Board.
A.
Scope. A certificate of use and occupancy shall be required upon
the completion of the work contemplated in the zoning permit. No building,
structure or freestanding sign shall be utilized in any manner until
a certificate of use and occupancy is issued.
B.
Application procedures. Application shall be made in writing to the
Zoning Officer on a form specified for such purposes.
C.
Issuance.
(1)
Certificates of use and occupancy 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 certificate shall be based on conformance of the work to the
requirements of this chapter.
(2)
In commercial and industrial districts in which performance standards
are imposed, no certificate of use and occupancy shall become permanent
until 30 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.
Determination. All fees shall be determined by 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.
Power of amendment. The Board of Supervisors may from time to time
amend, supplement, change, modify or repeal this chapter, including
the Zoning Map. Any amendment, supplement, reclassification or change
may be initiated by the Township Planning Commission, Board of Supervisors,
or by a petition to the Board of Supervisors from the owner(s) of
the property proposed to be changed. The Board of Supervisors, by
resolution adopted at a stated or special meeting, shall fix the time
and place of a public hearing on the proposed change, amendment or
repeal and cause notice thereof to be given as follows:
(1)
By publishing a notice once each week for two successive weeks in
a newspaper of general circulation in the Township. Such notice shall
state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall be not more than 30 days or less than 14 days from the date
of the hearing.
(2)
The notice shall also set forth the principal provisions of the proposed
change, amendment or repeal in reasonable detail and a reference to
a place in the Township where copies of the proposed change, amendment
or repeal may be examined or purchased at a charge not exceeding the
cost thereof. Full opportunity to be heard will be given to any citizen
and all parties in interest attending such hearing.
B.
Curative amendment. A landowner who desires to challenge on substantive
grounds the validity of the Zoning Ordinance or Map or any provision
thereof which prohibits or restricts the use or development of land
in which he has an interest may submit 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 Article X-A
of the Municipalities Planning Act. The Board of Supervisors shall
commence a hearing thereon within 60 days of the request.[1]
C.
Planning Commission referral. The Board of Supervisors shall refer
each petition of 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 of Supervisors, within 45 days. The Board of Supervisors
shall take such conclusion and reasons into consideration in reaching
its decision, but shall not be bound thereby. In addition, the Board
of Supervisors shall submit the proposed ordinance to the Chester
County Planning Commission at least 30 days prior to the hearing for
its review and recommendations.
