[Ord. 1-71, 3/2/1971, § 1600]
1.
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 district in which
such land, building or structure is located.
2.
In cases of mixed occupancy, the regulations for each use shall apply
to the portion of the building or land so used.
[Ord. 1-71, 3/2/1971, § 1601; as amended by Ord.
1-93, 1/6/1993]
1.
For the administration of this chapter, a Code Enforcement Officer,
who shall not hold any elective office in the Township of Lower Oxford,
shall be appointed.
2.
The Code Enforcement Officer shall meet the qualifications established
by the Township of Lower Oxford and shall be able to demonstrate to
the satisfaction of the Township of Lower Oxford a working knowledge
of municipal zoning.
3.
The Code Enforcement Officer shall administer this chapter in accordance
with its literal terms, and shall not have the power to permit any
construction or any use or change of use which does not conform to
this chapter.
4.
The Code Enforcement Officer is hereby authorized to institute civil
enforcement proceedings as a means of enforcement when acting within
the scope of his employment.
[Ord. 1-71, 3/2/1971, § 1602; as amended by Ord.
2-2006, 11/8/2006]
A building permit shall be required prior to any construction
or development being undertaken including, but not limited to, the
erection or alteration of or enlargement of any building or other
structure or portion thereof. It shall be unlawful for any person
to commence work for the erection of or alteration of or enlargement
of any building or structure or portion thereof until a permit has
been duly issued therefore.
[Ord. 1-71, 3/2/1971, § 1603; as amended by Ord.
1-93, 1/6/1993; and by Ord. 2-2006, 11/8/2006]
1.
All applications for building permits shall be made in writing on a form furnished by the Township and shall be accompanied by a plot plan drawn accurately showing the exact size and location of any existing or proposed buildings on the lot in question or upon abutting land within 50 feet of the side and rear lines of such lot and the lines within which the proposed building or other structure shall be erected, altered or enlarged. There shall, in addition, be included with all applications such other plans, documents, and information as may be necessary to enable the Code Enforcement Officer to ascertain compliance with this Chapter 27 and all other pertinent ordinances.
2.
No building permit shall be issued unless the applicant has first
secured permits from the Chester County Board of Health for an on-site
sewage facility and to install a well, a driveway permit from the
Township for access to Township roads or a Highway Occupancy permit
from the Pennsylvania Department of Transportation for access to state
roads, an erosion and sediment control permit, and all other permits
required by federal, state and/or local statutes, regulations, laws
and ordinances. At the time the applicant applies for a building permit,
the applicant shall submit proof of his having secured such permits.
A.
Application Procedures and Requirements.
(1)
Application for such a building permit shall be made, in writing,
to the Code Enforcement Officer on forms supplied by the (Township,
Borough, etc.). Such application shall contain the following:
(a)
Name and address of applicant.
(b)
Name and address of owner of land on which proposed construction
is to occur.
(c)
Name and address of contractor.
(d)
Site location including address.
(e)
Listing of other permits required.
(f)
Details of any prior flood-related damage if available.
(g)
Brief description of proposed work and estimated cost, including
a breakout of any flood damage related cost and the market value of
the building before the flood damage occurred.
(h)
A plan of the site showing the exact size and location of the
proposed construction as well as any existing buildings or structures.
(2)
If any proposed construction or development is located entirely
or partially within any identified floodplain area, applicants for
building permits shall provide all the necessary information in sufficient
detail and clarity to enable the Code Enforcement Officer to determine
that:
(a)
All such proposals are consistent with the need to minimize
flood damage and conform with the requirements of this and all other
applicable codes and ordinances.
(b)
All utilities and facilities, such as sewer, gas, electrical
and water systems are located and constructed to minimize or eliminate
flood damage.
(c)
Adequate drainage is provided so as to reduce exposure to flood
hazards.
(3)
Applicants shall file the following minimum information plus
any other pertinent information as may be required by the Code Enforcement
Officer to make the above determination:
(a)
A completed building permit application form.
(b)
A plan of the entire site, clearly and legibly drawn at a scale
of one inch being equal to 100 feet or less, showing the following:
(i)
North arrow, scale, and date.
(ii)
Topographic contour lines, if available.
(iii)
All property and lot lines including dimensions,
and the size of the site expressed in acres or square feet.
(iv)
The location of all existing and proposed buildings,
structures, and other improvements, including the location of any
existing or proposed subdivision and land development.
(v)
The location of all existing streets, drives, and
other access-ways.
(vi)
The location of any existing bodies of water or
watercourses, identified floodplain, areas, and, if available, information
pertaining to the floodway, and the flow of water including direction
and velocities.
(c)
Plans of all proposed buildings, structures and other improvements,
drawn at suitable scale showing the following:
(i)
The proposed lowest floor elevation of any proposed
building based upon North American Vertical Datum of 1988.
(ii)
The elevation of the one-hundred-year flood.
(iii)
If available, information concerning flood depths,
pressures, velocities, impact and uplift forces and other factors
associated with a one-hundred-year flood.
(iv)
Detailed information concerning any proposed floodproofing
measures.
(v)
Supplemental information as may be necessary under
34 Pa. Code, Chapters 401-405, as amended, and Section 1612.5.1, Section
104.7 and 109.3 of the 2003 IBC and Section R106.1.3 and R104.7 of
the 2003 IRC.
(d)
The following data and documentation:
(i)
A document, certified by a registered professional
engineer or architect, which states that the proposed construction
or development has been adequately designed to withstand the one-hundred-year
flood elevations, pressures, velocities, impact and uplift forces
associated with the one-hundred-year flood.
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Such statement shall include a description of the type and extent
of floodproofing measures which have been incorporated into the design
of the structure and/or the development.
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(ii)
The appropriate component of the Department of
Environmental Protection's "Planning Module for Land Development."
(iii)
Where any excavation of grading is proposed,
a plan meeting the requirements of the Department of Environmental
Protection, to implement and maintain erosion and sedimentation control.
B.
Review by County Conservation District. A copy of all applications
and plans for any proposed construction or development in any identified
floodplain area to be considered for approval shall be submitted by
the Code Enforcement Officer to the County Conservation District for
review and comment prior to the issuance of a building permit. The
recommendations of the Conservation District shall be considered by
the Code Enforcement Officer for possible incorporation into the proposed
plan.
C.
Review of Application by Others. A copy of all plans and applications
for any proposed construction or development in any identified floodplain
area to be considered for approval may be submitted by the Code Enforcement
Officer to any other appropriate agencies and/or individuals (e.g.
planning commission, municipal engineer, etc.) for review and comment.
[Ord. 1-71, 3/2/1971, § 1604; as amended by Ord.
1-93, 1/6/1993; by Ord. 1-95, 5/10/1995, § 10; and by Ord.
2-2006, 11/8/2006]
No building permit shall be issued until the Code Enforcement Officer certified that the proposed construction, development, building, structure, alteration or enlargement complies with the provisions of this Chapter 27 and all applicable ordinances. Upon completion of the construction, development of land, erection, alteration, or enlargement of any building, structure, or portion thereof, authorized by any building permit obtained in compliance with this Chapter 27 and prior to use or occupancy, the holder of such permit shall notify the Code Enforcement Officer of such completion. Use and occupancy shall not be authorized until the Code Enforcement 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 hereinafter. During the period of construction during which the building permit is in effect, the permittee must provide approved sanitary facilities for workers on the Job site. Failure to do so will result in the issuance of a cease and desist order until such time that facilities are provided.
In the case of existing structures, prior to the issuance of
any building permit, the Code Enforcement Officer shall review the
history of repairs made due to flood-related damage to the subject
building, so that any repetitive loss issues can be addressed before
the permit is issued.
[Ord. 1-71, 3/2/1971, § 1605]
It shall be unlawful for any person to use or occupy any building
or other structure or 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:
1.
Use and occupancy of any building or other structure hereinafter
erected, altered or enlarged for which a building permit is required.
2.
Change in use of any building or structure.
3.
Use of land or change in the use thereof except that the placing
of vacant land under cultivation shall not require a use and occupancy
permit.
4.
Change in use or extension of a nonconforming use.
[Ord. 1-71, 3/2/1971, § 1606; as amended by Ord.
1-93, 1/6/1993]
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 Code Enforcement Officer to ascertain compliance with this Chapter 27.
1.
No certificate of use and occupancy, required by § 27-1605, shall be issued until the applicant for such certificate has done the following:
B.
Produced a Certificate of Compliance from the Chester County Board
of Health for on-site sewage facilities;
C.
Produced a Certificate of Compliance from the Chester County Board
of Health for on-site well yield and water quality; and
D.
Produced certifications of approval showing compliance with all applicable
Township ordinances and permit conditions as inspected by the following:
[Ord. 1-71, 3/2/1971, § 1607; as amended by Ord.
1-93, 1/6/1993]
No use and occupancy permits shall be issued until the Code Enforcement Officer has certified that the proposed use complies with the provisions of this Chapter 27. Pending completion of a building or of alterations thereto, a temporary Use and Occupancy Permit may be issued by the Code Enforcement Officer for a temporary occupancy of part or all of the building, provided that such temporary occupancy will not tend in any way to jeopardize life or property.
[Ord. 1-71, 3/2/1971; as added by Ord. 1-93, 1/6/1993]
A driveway construction permit shall be required prior to the
construction of a driveway taking access to an existing Township Road
or a road scheduled for dedication to the Township. It shall be unlawful
for any person to commence work for the construction of a driveway
until a permit has been duly issued therefore.
[Ord. 1-71, 3/2/1971; as added by Ord. 1-93, 1/6/1993]
All applications for building permits shall be made in writing
on a form furnished by the Township and shall be accompanied by a
plot plat drawn accurately showing the exact size and location of
any existing or proposed driveways on the lot in question or on adjacent
lots fronting on the same street for a distance of 100 feet. The general
grade of the lot and the right-of-way of the street to be accessed
shall also be shown on the plan.
[Ord. 1-71, 3/2/1971; as added by Ord. 1-93, 1/6/1993]
No driveway construction permit shall be issued until the Roadmaster
has certified that the proposed driveway location and design complies
with the provisions of this chapter and all other applicable ordinances.
Upon completion of the construction of the driveway authorized by
the driveway construction permit obtained in compliance with this
chapter and prior to use, the holder of such permit shall notify the
Roadmaster of such completion. Use and occupancy shall not be authorized
until the Roadmaster has certified that the work has been inspected
and approved as being in conformity with this chapter and other applicable
ordinances and has issued a use and occupancy permit as provided hereinafter.
[Ord. 1-71, 3/2/1971; as added by Ord. 1-93, 1/6/1993]
It shall be unlawful for any person to use a driveway until
a Use and Occupancy Permit has been duly issued therefore.
[Ord. 1-71, 3/2/1971, § 1608; as amended by Ord.
1-93, 1/6/1993]
If the Code Enforcement Officer determines that an application is in compliance with the provisions of this Chapter 27, it shall be his duty to issue the appropriate permit; and if he determines that an application is not in compliance with the provision of this Chapter 27, it shall be his duty to refuse the permit.
[Ord. 1-71, 3/2/1971, § 1609; as amended by Ord.
3-88, 12/21/1988, § 4]
Fees for building permits and other fees required in the administration of this Chapter 27 shall be paid in advance in accordance with a schedule of fees adopted by the Board of Supervisors by resolution.
[Ord. 1-71, 3/2/1971; as added by Ord. 1-93, 1/6/1993]
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 this chapter, the Board of Supervisors
or, with the approval of the Board of Supervisors, an officer of the
Township of Lower Oxford, 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 of Lower Oxford 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. 1-71, 3/2/1971; as added by Ord. 1-93, 1/6/1993; as
amended by Ord. 1-98, 3/11/1998, § 4]
1.
If it appears to the Township of Lower Oxford that a violation of
this chapter has occurred, the Township of Lower Oxford shall initiate
enforcement proceedings by sending an enforcement notice as provided
in this section.
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.
An enforcement notice shall state at least the following:
A.
The name of the owner of record and any other person against whom
the Township of Lower Oxford intends to take action.
B.
The location and tax parcel number 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.
E.
That the recipient of the notice has the right to appeal to the Zoning
Hearing Board within a period of 30 days.
F.
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.
[Ord. 1-71, 3/2/1971, § 1610; as amended by Ord.
1-93, 1/6/1993]
1.
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 therefor in a civil enforcement proceeding
commenced by the Township of Lower Oxford, pay a judgment of not more
than $500 plus all court costs, including reasonable attorney fees
incurred by the Township of Lower Oxford 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 Township of Lower
Oxford 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 district justice 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 district justice and thereafter each day that a violation continues
shall constitute a separate violation.
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 Township of Lower
Oxford the right to commence any action for enforcement pursuant to
this section.
4.
District justices shall have initial jurisdiction over proceedings
brought under this section.
[Ord. 1-71, 3/2/1971, § 1612; as amended by Ord.
1-93, 1/6/1993]
1.
The Board of Supervisors may from time to time amend, supplement,
or repeal any of the regulations and provisions of this chapter. The
procedure for the preparation of a proposed zoning ordinance as set
forth in § 607 of the Pennsylvania Municipalities Planning
Code, 53 P.S. § 10607, is hereby declared optional.
2.
Before voting on the enactment of an amendment, the Board of Supervisors
shall hold a public hearing thereon, pursuant to public notice. In
addition, if the proposed amendment involves a zoning map change,
notice of said public hearing shall be conspicuously posted by the
Township of Lower Oxford at points deemed sufficient by the Township
of Lower Oxford along the perimeter of the tract to notify potentially
interested citizens. The affected tract or area shall be posted at
least one week prior to the date of the hearing.
3.
In the case of an amendment other than that prepared by the Planning
Commission the Board of Supervisors shall submit each such amendment
to the Planning Commission at least 30 days prior to the hearing on
such proposed amendment to provide the Planning Commission an opportunity
to submit recommendations.
4.
If, after any public hearing held upon an amendment, the proposed
amendment is changed substantially, or is revised, to include land
previously not affected by it, the Board of Supervisors shall hold
another public hearing, pursuant to public notice, before proceeding
to vote on the amendment.
5.
At least 30 days prior to the public hearing on the amendment by
the Board of Supervisors, the Township of Lower Oxford shall submit
the proposed amendment to the county planning agency for recommendations.
6.
Within 30 days after enactment, a copy of the amendment to this chapter
shall be forwarded to the county planning agency.
[Ord. 1-71, 3/2/1971; as added by Ord. 1-93, 1/6/1993]
1.
A landowner who desires to challenge on substantive grounds the validity
of this chapter or the Zoning 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 § 916.1 of the Pennsylvania
Municipalities Planning Code (hereinafter "MPC"), 53 P.S. § 10916.1.
The curative amendment and challenge shall be referred to the Planning
Commission and the county planning agency as provided in § 609
and notice of the hearing thereon shall be given as provided in §§ 610
and 916.1 of the MPC, 53 P.S. §§ 10609, 10610, and
10916.1.
2.
The hearing shall be conducted in accordance with § 908
of the MPC and all references therein to the Zoning Hearing Board
shall, for purposes of this section be referenced to the Zoning Hearing
Board of Lower Oxford Township. If the Township of Lower Oxford does
not accept a landowner's curative amendment brought in accordance
with this subsection and a court subsequently rules that the challenge
has merit, the court's decision shall not result in a declaration
of invalidity for this entire chapter and Zoning Map, but only for
those provisions which specifically relate to the landowner's
curative amendment and challenge.
3.
Then, if it determines that a validity challenge has merit, the Township
may accept a landowner's curative amendment, with or without
revision, or may adopt an alternative amendment which will cure the
challenged defects. The Township shall consider the curative amendments,
plans and explanatory material submitted by the landowner and shall
also consider:
A.
The impact of the proposal upon roads, sewer facilities, water supplies,
schools and other public service facilities;
B.
If the proposal is for a residential use, the impact of the proposal
upon regional housing needs and the effectiveness of the proposal
in providing housing units of a type actually available to and affordable
by classes of persons otherwise unlawfully excluded by the challenged
provisions of this chapter or Zoning Map.
C.
The suitability of the site for the intensity of use proposed by
the site's soils, slopes, woodlands, wetlands, flood plains,
aquifers, natural resources and other natural features;
D.
The impact of the proposed use on the site's soils, slopes,
woodlands, wetlands, flood plains, natural resources and natural features,
the degree to which these are protected or destroyed, the tolerance
of the resources to development and any adverse environmental impacts;
and
E.
The impact of the proposal on the preservation of agriculture and
other land uses which are essential to public health and welfare.
[Ord. 1-71, 3/2/1971; as added by Ord. 1-93, 1/6/1993]
1.
If the Township of Lower Oxford determines that this chapter, or
any portion hereof, is substantially invalid, it shall take the following
actions:
A.
The Township of Lower Oxford shall declare by formal action, this
chapter or portions hereof substantially invalid and propose to prepare
a curative amendment to overcome such invalidity. Within 30 days such
declaration and proposal the Planning Commission shall:
2.
Within 180 days from the date of the declaration and proposal, the
Township of Lower Oxford shall enact a curative amendment to validate,
or reaffirm the validity of, this chapter pursuant to the provisions
of § 609 of the Pennsylvania Municipalities Planning Code
(hereinafter "MPC"), 53 P.S. § 10609, in order to cure the
declared invalidity of this chapter.
3.
Upon the initiation of the procedures as set forth in Subsection 1, the Board of Supervisors shall not be required to entertain or consider any landowner's curative amendment filed under § 609.1 of the MPC, 53 P.S. § 10609.1, nor shall the Zoning Hearing Board be required to give a report requested under §§ 909.1 or 916.1 of the MPC, 53 P.S. §§ 10909.1, 10916.1, subsequent to the declaration and proposal based upon the grounds identical or substantially similar to those specified by the resolution required by Subsection 1A. Upon completion of the procedures set forth in Subsections 1 and 2, no rights to a cure pursuant to the provisions of §§ 609.1 and 916.1 of the MPC, 53 P.S. §§ 10609.1, 10916.1, shall, from the date of the declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of this chapter for which there has been a curative amendment pursuant to this section.
4.
The Township of Lower Oxford, having utilized the procedures set
forth in this section, may not again utilize said procedure for a
period of 36 months following the date of enactment of a curative
amendment, or reaffirmation of the validity of this chapter; Provided,
however, if after the date of declaration and proposal there is a
substantially new duty imposed upon the Township of Lower Oxford by
virtue of a change in statute or by virtue of a Pennsylvania Appellate
Court decision, the Township of Lower Oxford may utilize the provisions
of this section to propose a curative amendment to this chapter to
fulfill said duty or obligation.
[Ord. 1-71, 3/2/1971, § 1616]
The granting of a zoning permit or approval of a subdivision
or land development plan on or near steep slope areas exceeding 25%
grade slope shall not constitute a representation, guarantee or warranty
of any kind by the Township of Lower Oxford or by any official or
employee thereof of the practicability or safety of the proposed use
and shall create no liability upon Lower Oxford Township, its officials
or employees.
