The provisions of this chapter shall be administered and enforced by the Zoning Officer who shall be appointed by the Board of Supervisors. It shall be the duty of the Zoning Officer and he shall have the power to:
A. 
Review of permits. Receive and examine all applications for zoning permits and to refer applications to the Planning Commission for review and recommendation when deemed advisable.
B. 
Issuance of permits. Issue permits only when there is compliance with the provisions of this chapter and with other Township ordinances provided, however, the issuance of a zoning permit shall not be deemed a waiver of the requirements of any Township ordinance.
C. 
Applications for special exception. Receive applications for special exceptions and forward these applications to the Zoning Hearing Board for action thereon.
D. 
Applications for appeals. Following refusal of a permit, to receive applications for appeals from alleged error of the Zoning Officer and variances and forward these applications to the Zoning Hearing Board for action thereon.
E. 
Inspections and surveys. Conduct inspections and surveys to determine compliance or noncompliance with the terms of this chapter.
F. 
Issuance of orders. Issue stop, cease, and desist orders and order in writing correction of all conditions found to be in violation of the provisions of this chapter. Such written orders shall be served personally or by certified mail upon persons, firms, or corporations deemed by the Zoning Officer to be violating the terms of this chapter. It shall be unlawful for any person to violate any such order lawfully issued by the Zoning Officer, and any person violating any such order shall be guilty of a violation of this chapter.
G. 
Halting of activities. With the approval of the Board of Supervisors, or when directed by them, institute in the name of the Township any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use; to restrain, correct, or abate such violation, so as to prevent the occupancy of or use of any building, structure or land, or to prevent any illegal act, conduct, business, or use in or about such premises.
H. 
Revocation of orders. Revoke by order, a zoning permit issued under a mistake of fact or contrary to the law or the provisions of this chapter.
I. 
Official Zoning Map. Maintain the Official Zoning Map showing the current zoning classification of all land.[1]
[1]
Editor's Note: A copy of the Zoning Map is included in the pocket at the end of this volume. The official, most up-to-date version of the Zoning Map is on file in the office of the Township Zoning Officer.
J. 
Presentation of facts. Upon the request of the Board of Supervisors, the Planning Commission or the Zoning Hearing Board, present to such bodies facts, records, or reports which they may request to assist them in making decisions.
No building or structure shall be erected, constructed, reconstructed, structurally altered or moved and no land or building changed in use until a zoning permit has been secured from the Zoning Officer. Zoning permits shall be issued with a two-year life, provided that if work is not commenced or a change in use of building or land is not commenced within 90 days after issuance of the zoning permit, the permit shall automatically expire. A new permit shall be required before such work or change in use commences.
All applications for zoning permits shall be made in writing by the owner, tenant, vendee under contract of sale, or authorized agent on a form supplied by the Township. Applications shall be filed with the Zoning Officer.
A. 
The application shall:
(1) 
Include a statement as to the proposed use of the building or land.
(2) 
Include a site layout drawn to scale showing the location, dimensions, and height of proposed buildings, structures, or uses and any existing buildings in relation to property and street lines.
(3) 
Include the number, location and design of parking spaces and loading spaces if applicable.
(4) 
Include the size, dimensions, location and methods of illumination for signs, if applicable.
(5) 
Include any additional plans and information reasonably necessary for the Zoning Officer to ascertain whether the proposed use, change in use, erection, alteration, or addition complies with the provisions of this chapter.
B. 
No permit for any new use or construction which will involve the on-site disposal of sewage or waste and no permit for a change in use or an alteration which will result in an increased volume of sewage or waste to be disposed of on the site shall be issued until a certificate of approval has been issued by the Chester County Department of Health.
Zoning permits shall be granted or refused within 15 days after the written application has been filed with the Zoning Officer, except as provided for special exception applications. Upon completion of the activity authorized by any zoning permit, the holder of such permit shall notify the Zoning Officer of such completion. All applications with accompanying plans and documents shall become, and be preserved as a public record, subject to the disposition by the Board of Supervisors.
A use and occupancy permit shall be required prior to any person using or occupying any building, structure or tract of land. A use and occupancy permit shall be required prior to the commencement of any of the following:
A. 
Use and occupancy of a new building or structure, or an existing building or structure, if such existing building or structure has been reconstructed, structurally altered or moved in a manner which would require the issuance of a permit as provided in § 200-157.
[Amended 3-6-1986 by Ord. No. 86-01]
B. 
Change in the principal use of any existing building, structure, or tract of land, excluding agriculture and accessory agricultural operations.
C. 
Change in the use or extension of a nonconforming use.[1]
[1]
Editor's Note: Former Subsection D, which immediately followed this subsection, was repealed 3-6-1986 by Ord. No. 86-01.
All applications for use and occupancy permits shall be made in writing by the owner, tenant, vendee under contract of sale, or authorized agent on a form supplied by the Township. Applications shall be filed with the Zoning Officer. The application shall:
A. 
Include the existing and proposed use of the building, structure or lot.
B. 
Include the date when work was completed for any new construction or enlargement of all existing buildings and structures.
Prior to the issuance of any use and occupancy permit, the proposed use must be in compliance with the provisions of this chapter and such compliance be certified by the Zoning Officer. The Zoning Officer shall inspect the premises prior to such issuance.
The applicant for a zoning permit shall at the time of making application, pay to the Zoning Officer, a fee in accordance with a fee schedule adopted by resolution of the Board of Supervisors upon the enactment of this chapter, as may be amended by resolution of the Board of Supervisors. Fees paid by the applicant shall only be refunded when approved by the Board of Supervisors. In all cases, 25% of the fee shall be retained to cover administrative costs.
The granting of any permit under this chapter shall create no liability upon or a cause of action against any Township official or its employees for damages or injury that may occur from such use, construction or enlargement of buildings, structures or use of land.
The Board of Supervisors may from time to time amend, supplement, change, modify or repeal this chapter including the Zoning Map. When so doing, the Board shall proceed in the manner prescribed in this article.
Proposals for amendment, supplement, change, modification, or repeal may be initiated by the Board of Supervisors on its own motion, by the Township Planning Commission, or by petition of one or more owners of property to be affected by the proposed amendment, subject to the following provisions:
A. 
Proposals originated by the Board of Supervisors.
(1) 
The Board of Supervisors shall refer every proposed amendment, supplement, change, modification, or repeal originated by said Board to the Township Planning Commission and the County Planning Commission.
(2) 
Within 30 days of the submission of said proposal, both Planning Commissions shall submit to the Board of Supervisors a report containing their recommendations, including any additions or modifications to the original proposal.
B. 
Proposals originated by the Township Planning Commission. The Township Planning Commission may at any time transmit to the Board of Supervisors any proposal for the amendment, supplement, change, modification, or repeal of this chapter.
C. 
Proposals originated by citizen's petition. Each petition by one or more owners of property to be affected by a proposal for amendment, supplement, change, or modification shall be submitted in writing to the Secretary of the Board of Supervisors in accordance with a fee schedule adopted in resolution by the Township Supervisors. A fee shall be paid at the same time to cover costs, and no part of such fee shall be refundable to a petitioner. Upon receipt of said petition, the Board of Supervisors shall transmit a copy of the petition to the Township Planning Commission and the County Planning Commission. Within 30 days of its submission to the two Commissions, the Commissions shall submit to the Board of Supervisors a report containing the Commissions' recommendation including any additions or modifications of the original proposal.
D. 
Notwithstanding any time limitations stated in § 200-166A, B or C, at least 30 days prior to the public hearing on the amendment, the Township shall submit the proposed amendment to the Chester County Planning Commission for recommendations.
[Added 11-2-1989 by Ord. No. 89-02]
A. 
The Board of Supervisors shall hold a public hearing for any proposal for amendment, supplement, change, modification, or repeal submitted in accordance with the provision of § 200-166 unless the said proposal is withdrawn by the Planning Commission or the petitioner, whichever is applicable. The required public hearing shall be held within 60 days from the date of the submission of the said proposal to the Board of Supervisors.
B. 
The Board of Supervisors shall take no action on any proposed amendment, supplement, change modification, or repeal until such time as the Township Planning Commission and the County Planning Commission shall submit their reports to the Supervisors or until the expiration of 30 days from the time the proposal was submitted by the Supervisors to both Planning Commissions, whichever shall occur first.
C. 
Proposed zoning ordinances and amendments shall not be enacted unless notice of proposed enactment is given in the manner set forth in this section, and shall include the time and place of the meeting at which passage will be considered, a reference to a place within the Township where copies of the proposed ordinance or amendment may be examined without charge or obtained for a charge not greater than the cost thereof. The Board of Supervisors shall publish the proposed ordinance or amendment once in one newspaper of general circulation in the Township not more than 60 days nor less than seven days prior to passage. Publication of the proposed ordinance or amendment shall include either the full text thereof or the title and a brief summary, prepared by the Township Solicitor and setting forth all the provisions in reasonable detail. If the full text is not included:
[Amended 11-2-1989 by Ord. No. 89-02]
(1) 
A copy thereof shall be supplied to a newspaper of general circulation in the Township at the time the public notice is published.
(2) 
An attested copy of the proposed ordinance shall be filed in the county law library or other county office designated by the County Commissioners.
[Amended 11-2-1989 by Ord. No. 89-02]
A. 
If it appears to the Township that a violation of any provisions of this chapter has occurred, the Township shall initiate enforcement proceedings by sending an enforcement notice as provided in this section.
B. 
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 the record.
C. 
An enforcement notice shall state at least the following:
(1) 
The name of the 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 the steps must be completed.
(5) 
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 procedures set forth in this 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 clearly described.
[Amended 11-2-1989 by Ord. No. 89-02]
A. 
Any person, partnership or corporation who or which has violated or permitted the violation of any provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by a Township, pay a judgment of not more than $1,000 plus all court costs, including reasonable attorney fees incurred by a 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. 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. All judgments, costs and reasonable attorney fees collected for the violation of zoning ordinances shall be paid over to the Township whose ordinance has been violated.
[Amended 3-21-2002 by Ord. No. 02-01]
B. 
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.
C. 
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.
[Amended 11-2-1989 by Ord. No. 89-02]
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 provisions of this chapter, 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 Township. No such action may be maintained until such notice has been given.