[Ord. 2002-06, 11/11/2002, § 2101; as amended by
Ord. 2010-01, 3/23/2010]
1.
Application.
A.
Hereafter, no land shall be used or occupied, and no building or
structure shall be created, altered, used, or occupied, except in
conformity with the regulations herein established for the district
in which such land, building or structure is located, as well as all
other applicable statutes.
B.
In case of mixed occupancy, the regulations for each use shall apply
to that portion of the building or land so used.
2.
Administration.
A.
Appointment of Zoning Officer. There shall be a Zoning Officer who
shall be appointed by the Board of Supervisors and whose duty shall
be and is hereby given the power and authority to enforce the provisions
of this chapter.
B.
Duties. The duties of the Zoning Officer shall be:
(1)
To examine all applications for permits required by this chapter.
(2)
To issue permits only for construction and uses which are in
accordance with the regulations of this chapter, and as may be subsequently
amended.
(3)
To record and fill all applications for permits and accompanying
plans and documents, and keep them for public record.
(4)
To issue permits for uses by special exception and variances
only after such uses and buildings are ordered by the Zoning Hearing
Board in accordance with the regulations of this chapter, or court
of competent jurisdiction, subject to any stipulations contained in
such order.
(5)
To inspect nonconforming uses, buildings, and lots upon application
of a landowner to register a lawful nonconforming use, structure,
and lot. If, upon investigation, a Zoning Officer is satisfied of
the lawfulness of such nonconforming use, structure, or lot, the Zoning
Officer shall keep a filed record of such nonconforming use, structure,
or lot, together with the reasons why such use, structure, or lot
was identified as a nonconformity as a public record, and shall examine
all nonconforming uses, structures, or lots periodically.
(6)
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.
(7)
To be responsible for keeping this chapter and the Zoning Map
up-to-date, filed with the Township Secretary, and to include any
amendments thereto.
(8)
To be responsible for the administration of the National Flood
Insurance Program in East Fallowfield 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 Program.
(9)
To notify, in riverine situations, adjacent communities and
the State Coordinating Office prior to any alteration or relocation
of a watercourse, and submit copies of such notifications to the Administrator.
(10)
To assure that flood-carrying capacity within the altered or
relocated portions of any watercourse is maintained.
(11)
To be responsible for insuring that applicable provisions included
in all other codes, ordinances, and regulations are applied insofar
as they are consistent with the Township's needs to minimize
the hazard and damage which may result from flooding.
3.
Enforcement.
A.
Enforcement Notice. An 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. The enforcement notice shall state at least
the following:
(1)
The name of 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 steps must be completed.
(5)
That the recipient of the notice has a right to appeal to the
Zoning Hearing Board within the procedures set forth in the 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 as follows:
(a)
The institution of appropriate action or proceeding to prevent,
restrain, correct, or abate such building, structure, landscaping,
or land, or to prevent on, and/or about such premises, any act, conduct,
business, or use constituting a violation.
(b)
Civil enforcement proceedings can be brought.
B.
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 Act 247, 53 P.S.
§ 10101 et seq., or prior enabling laws, the Board of Supervisors,
or, with the approval of the Board, 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 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.
C.
Repeat violation of an initial notification as to violation of a
chapter provision shall result in the fines, as provided in Subsection
3E below.
D.
Complaints Regarding Violations. When 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. The Zoning Officer shall record
properly such complaint, investigate and take action thereon, as provided
by this chapter.
E.
Enforcement Remedies. Any person, partnership, or corporation who
or which has violated or permitted the violation of the provisions
of this chapter enacted, upon being found liable therefor in a civil
enforcement proceeding commenced by the Township, must pay a judgment
of not less than $100, nor more than $500, plus all court costs, including
reasonable attorney fees incurred by the Township as a result thereof.
No judgment shall commence or be imposed, levied, or be payable until
the date of the determination of a violation by the 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. 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 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 the violation of this chapter
shall be paid over to the Township of East Fallowfield.
(1)
The court of common pleas, upon petition, may grant an order
of stay, upon cause shown, tolling the pier diem fine pending a final
adjudication of the violation and judgment.
(2)
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity, other than the Township, the right
to commence any action for enforcement pursuant to this section.
F.
Causes of Action. In the case where any building, structure, or use
of land is erected, constructed, reconstructed, altered, repaired,
demolished, converted, used, or maintained, in violation of this chapter,
the Board or any aggrieved owner or tenant of real property who shows
that his property will be substantially affected by the alleged violations,
may institute an appropriate action to prevent, to restrain, correct,
or abate such violation, or to prevent 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 Township at least 30 days prior to the time the action is begun
by serving a copy of the complaint on the Board. No such action may
be maintained until such notice has been given.
[Ord. 2002-06, 11/11/2002, § 2102]
1.
General Requirement.
A.
Applications 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 shall comply 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
or 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 the courts 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 full ownership
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.
2.
Fees. All permit fees under this chapter 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.
3.
Issuance or Refusal of Permits. 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.
4.
Notification to Applicant. Applicants for permits or certificates
shall be given written notice of the status of the application within
30 days, unless otherwise specified. When an application is refused,
the Zoning Officer shall specify the reasons for the refusal.
[Ord. 2002-06, 11/11/2002, § 2103]
1.
Building Permits.
A.
Requirement. A building permit shall be required prior to the erection
or alteration or addition to any building or other structure, or portion
thereof. It shall be unlawful for any person to commence work for
the erection or alteration of, or addition to, any building or other
structure or portion thereof until a building permit has been duly
issued therefor, except as provided by special exception.
B.
Applications. All applications for building permits shall be made to the Township Building Official, in accordance with the Building Code [Chapter 5, Part 1]. Application for permits under this section, along with accompanying plans and data, may be submitted by the Zoning Officer to any 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)
Two 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)
Two 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 and erosion 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 Protection approving earthmoving 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 or objectionable effects, as well as any other
appropriate, lawful permits as may be required by statute.
(5)
Additional copies of any information may be required by the
Zoning Officer.
C.
Issuance of Building Permit. 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.
2.
Use and Occupancy Certificate.
A.
Requirement. A use and occupancy certificate 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 use or extension of a nonconforming use. It shall
be unlawful for any person to use or occupy any building or other
structure or land until a use and occupancy certificate, if required,
has been duly issued therefor.
B.
Applications. Application for permits under this section, along with
accompanying plans and data, may be submitted by the Zoning Officer
to any 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)
One copy 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)
One copy 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 and erosion 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 Protection approving earthmoving 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 or objectionable effects, as well as any other
appropriate, lawful permits as may be required by statute.
(5)
Additional copies of any information may be required by the
Zoning Officer.
C.
Issuance of Use and Occupancy Certificates. Use and occupancy certificates
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
on conformity of the work to the requirements of this chapter and
any other pertinent ordinance.
3.
Sign Permits.
A.
Requirement. 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 § 27-1603.
B.
Applications. 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 the requirements of this chapter.
(1)
Permits shall be granted or refused within 30 days from the
date of application.
(2)
No sign permit shall be issued, except in conformity with the
regulations of this chapter, or except after written order from the
Zoning Hearing Board, or the courts. Applications must be accompanied
by the following:
(a)
Dimensions of the lot (including any right-of-way lines) and/or
building upon which the sign is proposed to be erected.
(b)
Size, dimensions, and location of the said sign on lot or building,
together with its type, construction, materials to be used and the
manner of installation.
(c)
Any other lawful information which may be required of applicant
by the Zoning Officer. One copy of said plan or diagram shall be returned
to applicant after the Zoning Officer shall have marked such copy
either approved or disapproved, and attested to same.
4.
Permits for Microwave Antenna for Satellite Communication.
A.
Requirement. A building permit shall be required prior to the erection
or installation of any microwave antenna for satellite communication,
provided a temporary installation of a portable unit, not to exceed
seven days, shall be permitted without a permit for the purpose of
determining the suitability of the site for a permanent antenna installation.
B.
Applications. All applications for a microwave antenna building permit
shall be made to the Zoning Officer, in writing, on a form furnished
by the Township and shall be accompanied by plans, in duplicate and
to scale, showing:
(1)
For residential and nonresidential installations:
(a)
The dimensions of the lot and location of the buildings thereon.
(b)
Details of all microwave antenna anchors, supports and foundations,
the exact size of the antenna, including dish and the exact proposed
location of the microwave antenna on the lot.
(c)
When microwave antennas are attached to an existing structure,
details of how microwave antenna loads will be distributed to the
existing structure.
(2)
For roof-mounted nonresidential installations:
(3)
If the manufacturer's specifications submitted with the application specify the installation criteria for Subsection 4B(2) above, they shall be made part of the plan and separate calculations shall not be required. The Zoning Officer may waive Subsection 4B(2) if he determines them not applicable to the installation.
[Ord. 2002-06, 11/11/2002, § 2104]
The granting of any permit under this chapter by the Township
or any of its designated officials or 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, alteration, 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.
[Ord. 2002-06, 11/11/2002, § 2105]
The provisions of this chapter shall not apply to East Fallowfield
Township, nor to any building or land of the Township or extension
thereof, or to the use of any premises by the Township, nor shall
its provisions be construed to apply in any way to any building, lands,
or premises owned or operated by the Township.
