This chapter shall be known and may be cited
as the "Zoning Ordinance of East Whiteland Township."
A.
The regulations in this chapter are made in accordance
with the conditions and procedures of the Pennsylvania Municipalities
Planning Code[1] for promoting the health, safety, morals, convenience,
order, prosperity, and general welfare of the community.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
B.
These regulations have been designed to lessen congestion
in the streets, to secure safety from fire, panic, and other dangers,
to provide adequate light and air, to prevent the overcrowding of
land, to avoid undue concentration of population, and to facilitate
the adequate provision of transportation, water, sewage, parks, and
other public requirements.
C.
These regulations reflect the policy goals of East
Whiteland Township as contained in the Goals and Policies section
of the East Whiteland Township Comprehensive Plan; nonetheless the
Board of Supervisors hereby expresses its intent that neither this
chapter nor any amendment to it may be challenged on the basis of
any alleged nonconformity with any planning document.
Subject to Article XVI of this chapter (Nonconformance), no person may use, occupy, or sell any land or buildings or authorize or permit the use, occupancy, or sale of land or buildings under his control except in accordance with all of the applicable provisions of this chapter. For purposes of this section, the "use" or "occupancy" of a building or land relates to anything and everything that is done to, on, or in that building or land.
A.
This chapter shall take effect and be in force from
and after its approval as required by law. Ordinance No. 5 adopted
by East Whiteland Township on December 29, 1953, and all amendments
thereto is hereby repealed in its entirety.
B.
The Zoning Map of East Whiteland Township is hereby
amended pursuant to the provisions of this chapter and the Zoning
Map dated September 2, 1975, and last revised December 13, 2006.[1]
[1]
Editor's Note: The Zoning Map is included at the end of this chapter.
In interpreting and applying the provisions
of this chapter, they shall be held to be the minimum requirements
for the promotion of the health, safety, morals, and general welfare
of the East Whiteland Township. It is not intended to interfere with,
abrogate, or annul other rules, regulations, or ordinances of the
Township, provided that where this chapter imposes a greater restriction
upon the use of land or buildings or the configuration of improvements
than are imposed by such other rules, regulations, or ordinances,
the provisions of this chapter shall control.
The provisions of this chapter shall be enforced
by the Zoning Officer. The Zoning Officer shall require that applications
for building permits shall contain all the information necessary to
enable him to ascertain whether the proposed building, alteration,
or use complies with the provisions of this chapter. No building permit
shall be issued until the Zoning Officer has certified that the proposed
building, alteration, or use complies with all the provisions of this
chapter.
In case any building, structure, or sign is
erected, constructed, reconstructed, altered, repaired, converted,
or maintained, or any building, structure, or land is used, or any
hedge, tree, shrub, wall, or other growth is maintained in violation
of this chapter or of any regulations made pursuant thereto, in addition
to other remedies provided by law, any appropriate action or proceeding,
whether by legal process or otherwise, may be instituted or taken
to prevent such unlawful erection, construction, reconstruction, alteration,
repair, conversion, maintenance, or use, to restrain, correct, or
abate such violation, to prevent the occupancy of said building, structure,
or land, or to prevent any illegal act, conduct, business, or use
in or about such premises.
A.
Enforcement notice.
(1)
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.
(2)
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.
(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 intends to take action.
(b)
The location 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 prescribed period of
time in accordance with procedure set forth in this chapter.
(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.
(4)
In any appeal of an enforcement notice to the Zoning
Hearing Board, the Township shall have the responsibility of presenting
its evidence first.
(5)
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.
B.
Causes of action.
(1)
In the case that 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,
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.
(2)
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.
Enforcement remedies.
(1)
Any person, partnership, or corporation who or that
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 a municipality, 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 District Justice. If the defendant neither pays
nor timely appeals the judgment, the Township may enforce the judgment
pursuant to the applicable rules of civil procedure.
(2)
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.
(3)
All judgments, costs, and reasonable attorney fees
collected for the violation of this chapter shall be paid over to
the Township.
As used in this chapter, words expressed in
their singular include their plural meanings, and words expressed
in their plural include their singular meanings. The word "person"
includes a corporation, unincorporated association, and/or a partnership,
as well as an individual. The word "may" is permissive; the words
"shall" and "must" are mandatory. Words used in the present include
the future tense. Words importing the masculine gender include the
feminine and neuter. In interpreting the language of this chapter
to determine the extent of the restriction upon the use of property,
the language shall be interpreted, where doubt exists as to the intended
meaning of the Ordinance, in favor of the property owner and against
any implied extension of the restriction.
