Township of Pocopson, PA Article XI Applications and Permits

§ 250-62 Authority of Zoning Officer.

The Zoning Officer, who shall be appointed by and meet the qualifications established by the Board of Supervisors, shall be responsible for the enforcement of this chapter. For such purpose he shall have the powers hereby given and such other powers and authority as may reasonably be implied.

§ 250-63 Building permit requirements.

A. A building permit shall be required prior to the erection, construction or basic structural alterations of any building, structure, swimming pool or any portion thereof, regardless of permanent or temporary foundation. However, in the case of agricultural outbuildings and accessory buildings, and residential accessory buildings or structures in residential districts with a building area of less than 200 square feet, no permit need to be obtained for the construction of any such building in compliance with the provisions of this chapter and no certificate of occupancy need be obtained. A building permit shall expire one year after the date of issuance and all construction shall begin within six months. If such erection, construction or basic structural alteration is not completed within one year following the date on which the building permit was issued, a new building permit shall be required or it may be extended by the Township Code Enforcement Officer at his discretion.

B. All applications for building permits shall be made to the Township Code Enforcement Officer and shall be accompanied by all supporting materials as outlined on the instruction sheet prepared by and available from the Township. A record of such application and plots shall be kept on file by the Township Code Enforcement Officer.

C. At the time of application for the building permit, the applicant shall submit a site plan to the Code Enforcement Officer, which site plan shall include the following information unless such information has been previously supplied:

(1) The name of the engineer, surveyor or other qualified person responsible for providing the information required in this section.

(2) A map showing the location of the proposed construction with respect to Pocopson's flood-prone areas, wetlands, fills, designs of facilities to control erosion, the discharge of sediments or the discharge of concentrations of excessive stormwater and areas subject to special deed restrictions. In addition, the application shall include base flood elevation data.

(3) Where the site lies partially or completely in a flood-prone area, or seasonal high water table area as indicated on the Soil Survey of Chester and Delaware Counties, the plan map shall include detailed information giving the location and elevation of the proposed site showing contours at the intervals of two feet, depending upon the slope of the site, identifying accurately the boundaries of the flood-prone area.

§ 250-64 Issuance of building permits.

No building permits shall be issued until the Township Code Enforcement Officer has determined that the proposed building or alteration and use of land complies with all the provisions of this chapter.

§ 250-65 Inspections in compliance with permit.

During the period of any construction undertaken the pursuant to a building permit, the Township Code Enforcement Officer or other authorized Township official shall inspect the premises to determine that the work is progressing in compliance with all applicable laws and ordinances. In the event that the Township Code Enforcement Officer discovers that the work does not comply with the permit application of with any applicable law or ordinance, or that there has been a false statement or misrepresentation by any applicant, the Township Code Enforcement Officer may revoke the building permit and report such fact to the Board of Supervisors of Pocopson Township for whatever action the Board deems necessary or appropriate.

§ 250-66 Use and occupancy permit or zoning permit requirements.

Except as set forth below, it shall be unlawful for any person to use or to occupy any building, farming unit or other structure or land unit until a use and occupancy permit or zoning permit has been duly issued therefor. Use and occupancy permits or zoning permits shall be required as below indicated prior to any of the following:

A. Use and occupancy permit: use or occupancy of any building or other structure hereinafter erected, altered or enlarged for which a building permit is required.

B. Zoning permit: change in use of any building or structure.

C. Zoning permit: use of land or change in the use thereof except that the use of land for woodland, game preserve, conservation use or agricultural purposes shall not require a zoning permit.

D. Zoning permit: change in nonconforming use or expansion or extension of a nonconforming use.

§ 250-67 Issuance of use and occupancy permits or zoning permits.

A. A use and occupancy permit, either for whole or part of a new building or for alteration of an existing building, shall be applied for simultaneously with the application for a building permit and shall be issued within a reasonable period of time after final inspection approving the erection or alteration of such building or part thereof, which shall be completed in conformity with the provisions of this chapter. A use and occupancy permit not involving a new building or structure or alterations to an existing building or structure shall be either issued or denied by the Township Code Enforcement Officer within a reasonable time period from the date of application.

B. Any application for a zoning permit shall be made to the Township Zoning Officer in writing on such forms as may be furnished by the Township, including any additional plans, documents and information as may be required to enable the Zoning Officer to ascertain compliance with this chapter.

§ 250-68 Permit exemptions.

A building permit and use and occupancy permit shall not be required in instances involving repairs of a portion of a structure resulting in no building area increase over that existing prior to repair and if no structural or foundation alterations or changes are made. However, total reroofing in all instances does require a building permit and use and occupancy permit.

§ 250-69 Fees.

[Amended 5-9-2011 by Ord. No. 1-2011]

The applicant for a permit required under this chapter or the Township Building Code shall pay at the time of application a fee in the amount as set by the Board of Supervisors either as part of the Pocopson Township Building Code or by separate resolution or ordinance. Such fee shall be paid into the Township's treasury for the use of the Township. Fees for permits shall not be refundable to the applicant unless the Zoning Officer or Township Code Enforcement Officer, as the case may be, is notified in writing of the withdrawal of the permit application prior to commencement of the review process. In addition, the Board of Supervisors may, by separate resolution or ordinance, require a deposit for reasonable costs incurred by the Township, including engineering, consulting or legal expenses, in reviewing the application. In the event the costs exceed the amount of the minimum deposit, the applicant shall reimburse the Township within 30 days of notification by the Treasurer of the excess amount due. No permits or final approval shall be granted by the Township, or any officer thereof, and no applications under this chapter shall be complete, until such time as all outstanding sums due the Township for fees or costs are paid in full, as provided by applicable law.

§ 250-70 Conditional uses.

A. Statement of intent. This chapter provides for certain uses to be permitted within the Township as conditional uses. In so providing, the Board of Supervisors recognizes that these uses may or may not be appropriate at every location within any specific district and, accordingly, has established standards and criteria by which it can evaluate and decide upon applications for such uses. It is intended that these uses, constituting major uses having the potential for substantial impact upon the community, shall comply with the standards for conditional uses hereinafter set forth, in addition to the relevant stipulations of the district in which the conditional use is authorized. In the sole discretion of the Board of Supervisors, failure to comply with these standards may be deemed a basis for the imposition of appropriate conditions to a grant of approval. Where there is a conflict between the standards set forth in this section and other standards elsewhere established by this or other applicable ordinances, it is intended that the more stringent standards shall apply, and it is not the intent of this section to abrogate or impair any other such standards or requirements.

B. Content of application.

(1) An application for conditional use approval shall be submitted on a form provided by the Township and shall be accompanied by an application fee, the amount of which shall be established by resolution of the Board of Supervisors.

(2) A generalized site plan shall be submitted as part of any conditional use application. It is not intended that such a plan be engineered or contain a fixed architectural layout, such as would be required under the Township Subdivision and Land Development Ordinance. The plan shall, however, demonstrate compliance with all applicable standards for approval of the conditional use, including those cited in Subsection B(5), below.

(3) The scale of the generalized site plan shall be one inch equals 50 feet.

(4) Where specific conditional use submission requirements are contained within another article of this chapter and are applicable to a particular conditional use authorized by that article, those requirements shall be adhered to and shall prevail in any instance of conflict or overlap.

(5) In addition to demonstrating compliance with all standards applicable to the conditional use being requested, the generalized site plan shall show the applicant's intentions with regard to the following:

(a) Site access, interior circulation, and parking.

(b) Location, approximate dimension, and arrangement of all areas devoted to ground cover, trees, screen planting, open space, recreation, and similar purposes, as applicable.

(c) Adequate handling of stormwater, in the form of preliminary written analysis and conclusion as to anticipated methods, prepared by a registered professional engineer.

(d) Location, planned uses, approximate overall dimensions, gross floor area, coverage, and height of each building or structure.

C. Application review procedures.

(1) The application will be reviewed by the Zoning Officer. If it is deficient with regard to any required components, procedures, or fees, the Zoning Officer will so notify the applicant. This review and notification shall occur prior to the scheduling of a public hearing on the application. If such identified deficiencies are not remedied in the form of a resubmitted application, such deficiencies shall constitute grounds for denial of the application by the Board of Supervisors subsequent to public hearing, where the Board deems such deficiencies to be substantially at variance with ordinance requirements.

(2) The Board of Supervisors shall schedule and hold a public hearing on the application pursuant to public notice as set forth in Section 908(1.2) of the Municipalities Planning Code.[1]

[Amended 5-12-1997 by Ord. No. 2–1997[2]]

[1] Editor's Note: See 53 P.S. § 10908(1.2).

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(3) At least 45 days prior to the date of the hearing, one copy of the application shall be furnished to the Township Planning Commission, together with a request that it submit recommendations to the Board for consideration at the hearing. The Planning Commission, in its review of the conditional use application, shall evaluate in particular the generalized site plan in relation to the Township Comprehensive Plan and Policy Plan and the physical development of the Township.

(4) A stenographic record for the hearing proceedings shall be made by a court reporter. The appearance fee for the court reporter shall be shared equally by the applicant and the Board of Supervisors. Any party requesting the original transcript or a copy of the transcript shall bear the cost of same.

(5) The plan presented at the public hearing shall be essentially the same as that reviewed by the Planning Commission. Changes deemed by the Planning Commission to be substantial may result in rescheduling the public hearing where the Planning Commission finds that such changes necessitate a greater period of time for review and comment.

(6) Upon review of the application in terms of the standards and criteria of this chapter, the Board of Supervisors shall render a decision within 45 days of completion of the public hearing process (the later of the last public hearing or the date of the submission of any materials in support of the application, after the last public meeting thereon).

(7) Each decision shall be accompanied by findings of fact and conclusions based thereon, together with any reasons therefor. Conclusions based upon any provisions of the Pennsylvania Municipalities Planning Code (MPC) or any ordinance, rule or regulation of the Township shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in light of the facts found.

[Added 5-12-1997 by Ord. No. 2–1997]

(8) In approving a conditional use application, where such use is authorized under this chapter, the Board of Supervisors may, at its sole discretion, attach such conditions to its approval as it deems necessary to further the purposes of this chapter. Such conditions may include, but need not be limited to:

[Amended 4-26-1999 by Ord. No. 1-1999]

(a) Specific modifications to area and bulk requirements as might otherwise be applicable;

(b) Provisions for additional utility or traffic safety facilities;

(c) Securing of additional easements or property to assure proper site design;

(d) Modification to the applicable design standards; or

(e) Provisions for on-site and off-site improvements, including but not limited to road and traffic improvements.

(9) If the Board of Supervisors approves the application and accompanying generalized site plan, such approved plan shall accompany i) any application for subdivision or land development as prescribed by the Township Subdivision and Land Development Ordinance, in addition to the detailed working drawings normally required, and ii) any application for a building permit. The issuance or rejection of a building permit shall take place in the regularly prescribed manner herein pertaining to building permits, but shall be preceded by compliance with the Township Subdivision and Land Development Ordinance.

(10) Any grant of conditional use approval shall be deemed null and void after six months from the date of such approval if, within that period, a use and occupancy permit, subdivision or land development approval, or home occupation permit, as appropriate, unless the Board of Supervisors shall, in its discretion, grant an extension.

(11) Where the Board of Supervisors fails to render a decision within the period required by this subsection or fails to hold to the required hearing as provided in Section 908(1.2) of the Municipalities Planning Code,[3] the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time. When the decision has been rendered in favor of the applicant because of the failure of the Board of Supervisors to meet or render a decision as herein provided, the Board of Supervisors shall give public notice of the decision within 10 days from the last day it could have met to render a decision in the same manner as required by the public notice requirements of the MPC. If the Board of Supervisors shall fail to provide such notice, the applicant may do so.

[Added 5-12-1997 by Ord. No. 2–1997[4]]

[3] Editor's Note: See 53 P.S. § 10908(1.2).

[4] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(12) Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to the Court of Common Pleas of Chester County.

[Added 5-12-1997 by Ord. No. 2–1997]

(13) A copy of the decision shall be delivered to the applicant personally or mailed to the applicant no later than the day following the date of the decision.

[Added 5-12-1997 by Ord. No. 2–1997]

D. General standards for conditional use approval.

(1) In reviewing and acting upon an application for conditional use, the Board of Supervisors shall, in addition to applying the express standards and criteria of the chapter, evaluate the degree of compliance with the following standards:

(a) The uses proposed shall be limited to those authorized as conditional uses within the district in which the lot or parcel is situated.

(b) The proposal shall be consistent with the Township Comprehensive Plan and Policy Plan and with the purpose of this chapter to promote the public health, safety, and general welfare.

(c) The appropriate use, and the value, of the adjacent property will be safeguarded.

(d) The development, if more than one building, will consist of a harmonious grouping of buildings or other structures.

(e) If the development is to be carried out in progressive stages, each stage shall be so planned that the conditions and intent of this chapter shall be fully complied with at the completion of any stage.

(f) The demand created by the proposed use upon public services and facilities such as water supply, sewage disposal, police and fire protection, emergency services, open space and recreation facilities, and the public school system has been considered and, where necessary, adequate arrangements for expansion or improvement are assured.

(g) The design and use of any new construction and the proposed change of design (if any) and proposed change in use of existing buildings will be compatible with the existing designs and uses in the immediate vicinity and that the proposed design or use shall be compatible with the character of the neighborhood.

(2) The Board of Supervisors shall weight each application on its own merits, separately, based upon pertinent information presented or known to it, and without regard to any previous application.