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.
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.
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.
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.
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.
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.
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.
[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.
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)
(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]]
(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.
