[Ord. No. 196-2018, 9/12/2018]
The provisions of this Chapter, in its interpretation and application,
shall be held to be minimum requirements adopted for the promotion
of the public health, safety, and general welfare. Every use, lot,
structure, building, or sign shall conform to all provisions of this
Chapter except those exempted by or under this Chapter. Nothing in
this Chapter shall require any change in plans or construction of
a building for which a building permit has been issued by the Township
prior to the effective date of this Chapter and which is completed
within one year of the effective date of this Chapter.
[Ord. No. 196-2018, 9/12/2018]
The provisions of this Chapter shall be administered and enforced
by the Zoning Officer, who shall be appointed by and serve at the
pleasure of the Board of Supervisors. The Zoning Officer shall meet
qualifications established by the Township and shall be able to demonstrate
to the satisfaction of the Board of Supervisors a working knowledge
of municipal zoning. The Zoning Officer shall administer this Chapter
in accordance with its literal terms and shall not have the power
to waive or modify any term or condition of this Chapter or permit
any construction or any use or change of use which does not conform
to this Chapter. The Zoning Officer may be provided with assistance
of such persons as the Board of Supervisors may direct.
[Ord. No. 196-2018, 9/12/2018]
The Zoning Officer shall be charged with the duty and shall
have the power to enforce literally the provisions of this Chapter
and its amendments. The Zoning Officer shall have such duties and
powers as are conferred upon him by this Chapter and as reasonably
implied for the purposes of enforcement. These duties may include,
but are not limited to, the following:
A.
Receive and examine all applications for permits governed by this
Chapter and issue such permits only when in conformance with the provisions
of this Chapter and with other Township ordinances; provided, however,
that the issuance of a permit shall not be deemed a waiver of the
requirements of any Township ordinance.
B.
Keep an official record of all business and activities, including
complaints of a violation of any of the provisions of this Chapter
and of the action taken consequent to each such complaint. Record
and file all applications for permits with accompanying plans and
documents. All such records shall be open to public inspection.
C.
Before issuing any permit, and at his discretion, examine or cause
to be examined all buildings, structures, signs, or lands and portions
thereof for which an application has been filed.
D.
Issue cease-and-desist orders and order, in writing, correction of
all conditions found to be in violation of the provisions of this
Chapter. Such written orders shall be served personally, by general
mailing, or by certified mail upon persons, firms, or corporations
deemed by the Zoning Officer to be violating the terms of this Chapter.
It shall be unlawful for any person to violate any such order lawfully
issued by the Zoning Officer, and any person violating any such order
shall be guilty of a violation of this Chapter.
E.
Issue permits for special exception uses or for variances only after
such uses and/or buildings have been approved by the Zoning Hearing
Board.
F.
With the approval of the Board of Supervisors, or when directed by
the Board, institute any appropriate enforcement proceedings to prevent
unlawful use; to restrain, correct, or abate violations so as to prevent
the unlawful occupancy or use of any building, structure, or land;
or to prevent any illegal act, conduct, business, or use in or about
such premises.
G.
Revoke by order a permit issued:
(1)
Under a mistake of fact.
(2)
Contrary to the law or the provisions of this Chapter.
(3)
On the basis of any false statement or misrepresentation of
fact in the application or on the plans on which the permit or approval
was based, if it is found that work performed or the use to which
the property is put is not in conformance with the application.
H.
Maintain a map showing the current zoning classification of all land
in the Township.
I.
Upon the request of the Board of Supervisors, the Planning Commission,
or the Zoning Hearing Board, present to such bodies facts, records,
or reports to assist them in making decisions.
J.
Submit monthly to the Board of Supervisors a written statement of
all permits, violations, and stop-work orders recommended or promulgated.
[Ord. No. 196-2018, 9/12/2018;
as amended by Ord. No. 197-2019, 7/10/2019]
A.
A building permit and/or zoning permit shall be required, in accordance
with regulations promulgated by the Township, where a building or
structure is to be erected, constructed, reconstructed, structurally
altered, or moved. The Township shall determine whether the construction
would require a building permit or a zoning permit.
(2)
Application for and issuance of a zoning permit, and the work
to be performed under the terms of any zoning permit, shall conform
to the requirements of the Honey Brook Township Zoning Ordinance [this
chapter] and other applicable codes and regulations.
(3)
No permit shall be issued until the Zoning Officer has certified
that the proposed use complies with all provisions of this chapter
and all other applicable regulations of the Township, Honey Brook
Borough Authority (where applicable), Northwestern Chester County
Municipal Authority (NCCMA) (where applicable), other public water
or sewer authority (where applicable), or private water or sewer utility
company (where applicable), Chester County, conservation agencies
(where applicable), and the Commonwealth of Pennsylvania, and has
inspected the property as necessary to confirm compliance.
(4)
The application for a building or zoning permit shall include:
(a)
A statement of the proposed use of the property, structure or
building.
(b)
Three copies of any approved plot plan, land development plan,
or other data and information deemed appropriate by the Zoning Officer
to evaluate compliance with this chapter and other applicable regulations.
(c)
Three copies of any supplemental plans and/or information as
required by the Pennsylvania Uniform Construction Code for any proposed
building or structure under application.
(d)
Where the property that is the subject of the application is
subject to any conservation easement or similar deed restriction,
the application shall include a copy of said conservation easement
or deed restriction. Furthermore, additional copies of all application
materials shall be provided by the applicant for the Township's distribution
to the parties with an interest in the easement or deed restriction.
(e)
Where the property that is the subject of the application is
located in the Honey Brook Borough Authority (HBBA) water service
area, or the service area of another water authority, or the service
area of a private water utility company, the application shall contain
an additional copy of all application materials for the Township's
distribution to the applicable water authority or private water utility
company for review.
(f)
Where the property that is the subject of the application is
located in the Northwestern Chester County Municipal Authority (NCCMA)
sewer service area, or the service area of another sewer authority,
or the service area of a private sewer utility company, the application
shall contain an additional copy of all application materials for
the Township's distribution to the applicable sewer authority or private
sewer utility company for review.
(g)
Any other information as required by the Uniform Construction
Code.
(5)
Within 15 business days after receipt of the zoning permit application,
the Zoning Officer shall either approve or deny the zoning permit
application and notify the applicant accordingly. If the application
is denied, the Zoning Officer shall provide the applicant, in writing,
the reasons for the denial.
(6)
Building permits subject to the Pennsylvania Uniform Construction
Code shall be processed in accordance with the time frames and procedures
established within the code.
[Ord. No. 196-2018, 9/12/2018]
A.
It shall be unlawful for any person to use or occupy any building,
other structure, or land until a use and occupancy permit has been
duly issued.
B.
A use and occupancy permit shall be required prior to any of the
following:
(1)
Use and occupancy of any building or other structure hereafter
erected or altered for which a building permit is required.
(2)
Change in the use of any building or structure or any part thereof.
(3)
Use of land or change in the use thereof, except that the use
of vacant land or change in use for cultivation shall not require
a use and occupancy permit.
(4)
Change in use or extension of a nonconforming use.
(5)
Operation of any home occupation as may be provided under terms
of this Chapter.
C.
It is the responsibility of the property owner to notify the Zoning
Officer of a change in use of a building or structure or any part
thereof or the completion of any activity authorized by a building
permit.
[Ord. No. 196-2018, 9/12/2018;
amended by Ord. No. 197-2019, 7/10/2019]
A.
Any application for a use and occupancy permit shall be made in writing
by the landowner or his authorized agent on a form furnished by the
Township. The application shall contain all information necessary
to enable the Zoning Officer to determine compliance with this chapter
and other applicable regulations. As determined by the Zoning Officer,
and unless already otherwise provided at time of building or zoning
permit application, applications shall be accompanied by:
(1)
Three copies of any approved plot plan, land development plan,
or other data and information deemed appropriate by the Zoning Officer
to evaluate compliance with this chapter and other applicable regulations.
(2)
Three copies of any architectural plans or design information
for any proposed building, structure, or alteration under application,
if required by the Township Building Code Official.
(3)
Where the property that is the subject of the application is
located in the Honey Brook Borough Authority (HBBA) water service
area, or the service area of another water authority, or the service
area of a private water utility company, the application shall contain
an additional copy of all application materials for the Township's
distribution to the applicable water authority or private water utility
company for review.
(4)
Where the property that is the subject of the application is
located in the Northwestern Chester County Municipal Authority (NCCMA)
sewer service area, or the service area of another sewer authority,
or the service area of a private sewer utility company, the application
shall contain an additional copy of all application materials for
the Township's distribution to the applicable sewer authority or private
sewer utility company for review.
(5)
Where the property that is the subject of the application is
subject to any conservation easement or similar deed restriction,
the application shall include a copy of said conservation easement
or deed restriction. Furthermore additional copies of all application
materials shall be provided by the applicant for the Township's distribution
to the parties with an interest in the easement or deed restriction.
(6)
If the activity triggering the requirement for a use and occupancy permit has not been approved through the Township's Subdivision and Land Development process (Chapter 22), but is to be served by a public sewer or water authority or private sewer or water utility company, and involves a new sewer or water connection or a potential increase in either sewer discharge through an existing sewer connection or water usage through an existing water connection, then the applicant shall provide written confirmation from such public sewer or water authority or private sewer or water utility company that it has either issued a permit or approval for such activity or that no such permit or approval is required.
[Ord. No. 196-2018, 9/12/2018]
A.
No use and occupancy permit shall be issued until the Zoning Officer
has certified that the proposed use complies with all provisions of
this chapter and all other applicable regulations of the Township,
Honey Brook Borough Authority (where applicable), Northwestern Chester
County Municipal Authority (NCCMA) (where applicable), other water
or sewer authority (where applicable), or private water or sewer utility
company (where applicable), Chester County, conservation agencies
(where applicable), and the Commonwealth of Pennsylvania, and has
inspected the property to confirm compliance.
[Amended by Ord. No. 197-2019, 7/10/2019]
B.
Within 15 days after receipt of the application, the Zoning Officer
shall either approve or deny the application and notify the applicant
accordingly. If the application is denied, the Zoning Officer shall
provide the applicant, in writing, the reasons for the denial.
C.
Upon approval of an application, the Zoning Officer shall issue a
use and occupancy permit to the applicant for the use indicated on
the approved application.
D.
Upon request, the Zoning Officer may issue a temporary use and occupancy
permit for a period not to exceed six months to enable partial occupancy
of a building pending completion of construction or alteration. The
Zoning Officer may attach conditions and safeguards to such a temporary
occupancy permit to protect the occupants and the public.
[Ord. No. 196-2018, 9/12/2018]
A.
The Zoning Officer may issue a permit for the following temporary
uses:
(1)
Sales and Construction Trailers. Temporary structures, located
on a tract undergoing development, that are utilized for construction
management purposes may, while serving that function, remain on the
tract only during active development of the property. Removal shall
occur immediately upon completion of the development process. Sales
trailers may be located on such a tract only during active development
of the property, but shall be removed no later than one year following
the start of construction.
(2)
Temporary Dwelling Units. A temporary dwelling unit, whether stationary or mobile, may be placed on a lot where an existing dwelling has been damaged or destroyed and is being rebuilt, or is being remodeled. The applicant shall demonstrate that a permanent use, in compliance with the applicable terms of this Chapter, is being pursued with due diligence and that the temporary dwelling unit will be utilized for the minimum practical time period and removed immediately upon the expiration of that period. The temporary use permit shall be issued for a time period not to exceed one year, and may be extended only in accordance with the terms of the Pennsylvania Uniform Construction Code [Chapter 5, Part 1].
B.
A building permit shall be required to address adequate anchoring/tie-down,
electrical service, and water/sanitation concerns.
C.
A use and occupancy permit shall be required prior to the utilization
of any temporary structure, and shall be issued only in accordance
with the terms of this Section.
D.
Any temporary structure shall comply with all applicable area and
bulk regulations for the zoning district in which it is to be situated.
[Ord. No. 196-2018, 9/12/2018]
A.
Permit Applications. Application fees for permits governed by this
Chapter, including use and occupancy permits, temporary use permits,
sign permits, and building permits, shall be paid in accordance with
a fee schedule adopted by resolution of the Board of Supervisors.
B.
Applications or Appeals before the Board of Supervisors or Zoning
Hearing Board.
(1)
Upon submission of an application or appeal before either the
Board of Supervisors or the Zoning Hearing Board, the applicant shall
deposit an amount of money in accordance with a schedule of applicant
expenses, adopted by resolution of the Board of Supervisors.
(2)
If, at any time, the charges then made against the applicant's
deposit shall reduce the remaining balance to an amount less than
15% of the initial deposit amount and thereby render the balance insufficient
to insure payment of all expenses that may accrue in the disposition
of the pending appeal or application, the applicant shall, upon notice
from the Township, provide additional deposits to assure adequate
funds to pay such expenses as they may accrue.
(3)
The failure of the Township or the Zoning Hearing Board to require
and obtain additional deposits from time to time shall not relieve
the applicant from liability for expenses in excess of deposits.
(4)
Any amount deposited in excess of actual final expenses shall
be refunded to the applicant.
(5)
The applicant shall be responsible for all costs related to
the public hearing that are authorized by and consistent with the
Municipalities Planning Code, 53 P.S. § 10101 et seq.
(6)
Responsibility for the costs of a conditional use hearing shall
be the same as those specified in the Municipalities Planning Code,
53 P.S. § 10101 et seq., for a hearing before the Zoning
Hearing Board.
(7)
An application for conditional use, special exception, variance,
validity challenge, curative amendment, petition for a zoning change,
or appeal shall not be deemed complete or to have been filed until
all application fees, charges, and expenses have been paid in full.
Required fees shall accompany the application.
[Ord. No. 196-2018, 9/12/2018]
A.
If it appears to the Township that a violation of this Chapter has
occurred, the Township shall initiate formal enforcement proceedings
by sending an enforcement notice as provided in this Section. The
Zoning Officer may informally request compliance prior to instituting
formal proceedings.
B.
The enforcement notice shall be sent to the owner of record of the
parcel in 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 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 must be completed.
(5)
That the recipient of the notice has the right to appeal to
the Zoning Hearing Board within a prescribed period of time in accordance
with procedure set forth in this Chapter.
(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.
(7)
In any appeal of an enforcement notice to the Zoning Hearing
Board, the Township shall have the responsibility of presenting its
evidence first.
(8)
Any filing fee paid by a party to appeal an enforcement notice
to the Zoning Hearing Board shall be returned to the appealing party
by the Township if the Zoning Hearing Board, or any court in a subsequent
appeal, rules in the appealing party's favor.
[Ord. No. 196-2018, 9/12/2018]
A.
Whenever a violation of this Chapter occurs or is alleged to have
occurred, any person may file a written complaint. Such complaint,
stating fully the causes and basis thereof, shall be filed with the
Zoning Officer who shall record such complaint, investigate, take
action thereon as provided by this Chapter, and report to the Board
of Supervisors regarding the complaint and the action thereon.
B.
Where 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 or any prior enabling laws, the
Board of Supervisors or, with the approval of the Board of Supervisors,
the Zoning Officer or other duly authorized 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.
C.
Where any such action is instituted by a landowner or tenant, notice
of that action shall be served upon the Township at least 30 days
prior to the time the action is begun by serving a copy of the complaint
on the Board of Supervisors. No such action may be maintained until
such notice has been given.
[Ord. No. 196-2018, 9/12/2018]
A.
Any person, partnership or corporation who has received a notice
of violation from the Zoning Officer may either correct the violation
within the allotted time period, or if believed to be wrongfully served,
promptly file an appeal with the Zoning Hearing Board pursuant to
Part 14 of the Zoning Ordinance.
B.
Any person, partnership, or corporation who or which has violated
or permitted the violation of the provisions of this Chapter or any
prior enabling laws 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 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 Township may enforce
the judgment pursuant to the applicable rules of civil procedure.
C.
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 this 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.
D.
All judgments, costs, and reasonable attorney fees collected for
the violation of this Chapter shall be paid over to the Township.
[Ord. No. 196-2018, 9/12/2018]
Official records in zoning matters shall be kept on file at
the Township office. These records shall include, but not be limited
to, all applications received, copies of all permits issued, copies
of orders and findings of the Zoning Hearing Board, written complaints
of alleged violations, records of all inspections made, a current
copy of this Chapter and all amendments, the Zoning Map, and all other
pertinent information. The records, including the written statement
of all permits issued and violations and stop-work orders recommended
or promulgated, shall be available for the use of the Township government
and inspection by any interested party during normal office hours.
[Ord. No. 196-2018, 9/12/2018]
The granting of any permit under this Chapter shall create no
liability upon, nor a cause of action against, any Township official
or employee for damages or injury that may occur from the use, construction,
or enlargement of structures or the use of land.
[Ord. No. 196-2018, 9/12/2018]
Parties to proceedings authorized in this Chapter may utilize
mediation as an aid in completing such proceedings. Any such mediation
procedure shall be conducted in accordance with the terms of § 908.1
of the Municipalities Planning Code, as amended, 53 P.S. § 10908.1.
