Township of Exeter, PA
Berks County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
A. 
Appointment. A Zoning Officer shall be appointed by the Township Supervisors to administer and enforce this chapter. Compensation of the Zoning Officer shall be established by the Supervisors. The Zoning Officer shall not hold any elective office in the Township.
B. 
Duties and powers. It shall be the duty of the Zoning Officer to enforce the provisions of this chapter and the amendments thereto, and the Zoning Officer shall have such duties and powers as are conferred on him by this chapter and as are reasonably implied for that purpose. The Zoning Officer's duties shall include, but are not limited to, the following:
(1) 
Receive applications for zoning and/or building and sign permits and issue zoning and/or building and sign permits as set forth in this chapter.
(2) 
Keep a record of all official business and activities, including complaints of a violation of any of the provisions of this chapter and of the subsequent action taken on each such complaint. All such records shall be open to public inspection. File copies of all applications received, permits issued and reports and inspections made in connection with any structure, building, sign and/or land shall be retained as long as the structures, etc., remain in existence.
(3) 
Make inspections as required to fulfill the duties of the Zoning Officer. In doing so, however, he/she shall first seek the permission of the landowner or tenant, and, in the event such permission cannot be voluntarily obtained, the Zoning Officer shall have the right to take such other legal means as are authorized under the law.
(4) 
Issue permits for building, structures and land uses for which subdivision and land development approval is required only after all necessary approvals have been secured and plans recorded.
(5) 
Issue permits for uses requiring new or altered on-site sewage disposal facilities only after any necessary permit has been issued by the Township Enforcement Officer.
(6) 
Issue permits for special exception uses or for variances only after a special exception or variance has been approved by the Zoning Hearing Board in accordance with the regulations of this chapter. Issue permits for conditional uses only after a conditional use has been approved by the Township Supervisors.
(7) 
Issue permits for buildings requiring approval by the Pennsylvania Department of Labor and Industry only after such approval has been secured. Issue permits for a use involving an access point requiring Pennsylvania Department of Transportation approval only after such approval has been secured.
(8) 
Be responsible for keeping this chapter and the Zoning Map up to date so as to include all amendments thereto.
(9) 
Issue certificates of use and occupancy in accordance with the terms of this chapter.
(10) 
Register identified nonconforming structures and uses created as a result of the adoption of this chapter and the Zoning Map, or created as a result of amendments thereto.
(11) 
Submit a monthly report of his/her activities to the Township Supervisors and Township Planning Commission and attend said meetings.
(12) 
Serve a notice of violation on any person, firm, corporation, partnership or other entity responsible for violating any of the provisions of this chapter, or any amendment thereto, or in violation of a statement or a plan approved under this chapter. Notice of violation shall be in writing and served personally to or sent by certified mail to the entity in violation of this chapter. The notice shall indicate the nature of the violation and action necessary to correct same. If the notice of violation is not complied with in the time period set forth in said notice, the Zoning Officer shall order the discontinuance of such unlawful use of the structure, building, sign and/or land involved in said violation. All enforcement notices shall be as provided in the Pennsylvania Municipalities Planning Code, as amended.
A. 
Zoning permits.
(1) 
Requirements.
(a) 
No building or structure, except temporary fences such as snow fences and fences around construction sites, shall be erected, constructed, assembled, extended, reconstructed, replaced, demolished, converted, moved, added to or structurally altered, nor shall land, buildings and structures be put to any use or have their use changed, without a permit therefor issued by the Zoning Officer. A zoning permit is required for timber harvesting.
(b) 
No permit shall be issued unless:
[1] 
There is conformity with the provisions of this chapter, except upon written order from the Zoning Hearing Board in the form of a variance, or upon order from any court of competent jurisdiction;
[2] 
All fees have been paid to Exeter Township, including, but not limited to, building permit fee, plumbing permit fee, sewer connection fee, sewer tapping fee, sewer collection fee, street lateral inspection fee, customers facilities fee, recreation fund fee, driveway permit fee, road occupancy permit fee, and water meter fee and
[3] 
All other permits and approvals have been issued, including, but not limited to, zoning permit, plumbing permit, on-lot sewage disposal permit, erosion and sediment control approval, PennDOT driveway permit, PennDOT road occupancy permit, wetlands mitigation permit, stream encroachment permit and Pennsylvania Labor and Industry approval.
(c) 
Permits are required for permanent fences, for sheds (whether on a foundation or not) and for driveways (for new construction, widening, paving and overlaying, but not for liquid sealing).
(2) 
Application procedures. The application for a zoning permit shall be submitted to the Zoning Officer in writing on a form prescribed by the Zoning Officer. The application shall be submitted by the owner or lessee of any building, structure or land or the agent of either; provided, however, that if the application is made by a person other than the owner or lessee, it shall be accompanied by a written authorization from the owner or lessee authorizing the work and designating the agent. The application shall be accompanied by at least the following information:
(a) 
A map of the lot in question, drawn to scale, indicating the lot size and showing all dimensions of lot lines and the exact location(s) on the lot of all existing and proposed buildings, fences, signs, structures and alterations to buildings or structures.
(b) 
The use, height, length, width and proportion of the total lot area covered of all proposed and existing buildings, structures and additions or alterations to buildings or structures.
(c) 
A statement indicating the number of dwelling units and/or commercial or industrial establishments to be accommodated within existing and proposed buildings on the lot. In the case of commercial and industrial uses and home occupations, the floor area to be devoted to each use shall be indicated.
(d) 
The location, dimensions and design of parking and loading areas, including the size and arrangement of all spaces and means of ingress, egress and interior circulation, recreation areas, screens, buffer yards and landscaping, means of egress from and ingress to the lot, routes for pedestrian and vehicular traffic and outdoor lighting.
(e) 
The location of all utility lines, the method of proposed water supply and sewage disposal and the location of any on-lot facilities.
(f) 
All streets, rights-of-way and easements on or adjacent to the lot.
(g) 
Proof of workers' compensation coverage, if the application is submitted by a contractor.
(h) 
All other information necessary for the Zoning Officer to determine conformance with and provide for enforcement of this chapter.
(3) 
Approval or disapproval. Upon receipt of the application and all accompanying information, the Zoning Officer shall examine them to determine compliance with this chapter and all other Township ordinances. Within 35 days from the filing date of the application, the Zoning Officer shall either approve or disapprove the application. If disapproved, the Zoning Officer shall explain the reasons therefor, indicating the manner in which the application could be corrected and/or modified to obtain approval and informing the applicant of his rights to appeal.
(4) 
Issuance and posting of permit. Upon approval of the application by the Zoning Officer and the payment of the fees established from time to time by resolution of the Township Supervisors, the Zoning Officer shall issue a permit which shall be visibly posted on the site of operations during the entire time of construction. The permit shall expire one year from the date of approval of the application by the Zoning Officer, provided that it may be extended at the discretion of the Zoning Officer for a six-month period. A zoning and/or building permit shall expire if the activity which is authorized by the permit is not begun, in the opinion of the Zoning Officer, within six months of issuance of the permit.
(5) 
Rights of permit holders. The permit shall be a license to proceed with the work described on the approved application in accordance with all Township ordinances. The Zoning Officer shall revoke a permit for approval issued under the provisions of this chapter in case of any false statement or misrepresentation of fact in the application on which the permit or approval was based or for any other cause set forth in this chapter.
B. 
Sign permits.
(1) 
Signs exempt from permit requirement.
(a) 
No sign shall hereafter be erected, rebuilt, altered, relocated or enlarged until a permit is issued by the Code Enforcement Officer for such purposes, except for signs listed below:
[1] 
Signs used by churches, synagogues, governmental bodies, schools or civic organizations.
[2] 
Construction signs of 32 square feet or less.
[3] 
Directional/informational signs of 12 square feet or less.
[4] 
Holiday or special events decorations.
[5] 
Nameplates, house numbers, address signs.
[6] 
Political signs.
[7] 
Public signs or notices, or any sign relating to an emergency.
[8] 
Real estate signs.
[9] 
Window signs.
[10] 
Temporary signs as permitted.
[11] 
Any other sign which does not exceed 12 square feet in area.
[12] 
Traffic control signs.
(b) 
The fact that a permit is not required for a sign does not exempt that sign from compliance with any of the provisions of this chapter.
(2) 
Application shall be made in writing to the Code Enforcement Officer on a form specified for such purpose and shall contain the following:
(a) 
A detailed scale drawing of the sign.
(b) 
A statement indicating the type of construction, the manner of installation, and the materials to be used.
(c) 
A scale drawing of the lot indicating the location of the sign. All abutting street right-of-way lines shall be indicated.
(d) 
A statement indicating all sources of light and methods of illumination.
(e) 
A statement indicating the distance from the ground to the lowest portion of the sign and from the ground to the highest portion of the sign.
(f) 
For signs, which will project from or be attached to buildings, a diagram indicating the location of the sign with the respect to the building facade to which it will be attached, including distance of projection from the building.
(g) 
A statement that all the requirements of this chapter shall be adhered to and that the sign will be erected according to the accompanying plans and specifications.
(h) 
The signature of the applicant. When the applicant is not the owner of the premises on which the sign will be erected, both the applicant and the owner of the premises shall sign the application.
A. 
Requirements. It shall be unlawful to sell, convey, lease, rent or use and/or occupy any building, structure or land or portion thereof for which a zoning permit is required until a certificate of use and occupancy has been issued by the Zoning Officer and by the Pennsylvania Department of Labor and Industry (where applicable). The Zoning Officer shall not issue a certificate of use and occupancy unless the Zoning Officer has inspected such building, structure or land and has determined that all provisions of this chapter and other rules, regulations and ordinances of the Township have been complied with.
B. 
Issuance. Upon the receipt of notification that the work for which a zoning permit has been issued has been completed, the Zoning Officer shall inspect the premises to determine that the work has been performed in accordance with the approved application and all ordinances of the Township. If he is satisfied that the work has been completed in accordance with the approved application, he shall issue a certificate of use and occupancy to the permit holder for the use indicated on the approved application. A copy of the certificate of use and occupancy shall be retained by the Zoning Officer as part of the Township records. If he/she finds that the work has not been performed in accordance with the approved application, the Zoning Officer shall refuse to issue the certificate of use and occupancy and in writing give the reasons therefor and inform the permit holder of his right of appeal.
C. 
For uses for which performance standards are imposed by this chapter, no certificate of use and occupancy shall become permanent until 30 days after the use is in operation and only after, upon reinspection by the Zoning Officer, it is determined that the use is in compliance with all performance standards. After such reinspection, the Zoning Officer shall notify the applicant that the use is in compliance with the performance standards and that the certificate of use and occupancy is permanent, occupancy is permanent, or that the use is not in compliance and that the certificate of use and occupancy will be revoked within 30 days of the notification if compliance with all performance standards is not secured.
D. 
Temporary certificate of use and occupancy.
(1) 
Upon request of the holder of a zoning permit, the Zoning Officer may issue a temporary certificate of use and occupancy for a building, structure, sign and/or land or portion thereof before the entire work covered by the permit shall have been completed. Such portions may be used and/or occupied prior to full completion of the work provided life and the public health, safety, morals and general welfare of the residents and inhabitants of the Township are not endangered.
(2) 
The Zoning Officer may also issue a temporary certificate of use and occupancy for such temporary uses as tents, trailers and buildings on construction sites, and for the use of land for religious and other public or semipublic purposes or other temporary use and/or occupancy upon order of the Township Supervisors. Such temporary certificate shall be for the period of time to be determined by the Township Supervisors at the time of application, but in no case shall any certificate, except those for uses on construction sites, be issued for more than six months.
The Township Supervisors shall establish, by resolution, a schedule of fees and charges of requests for zoning and/or building permits, certificates of use and occupancy, special exceptions, variances, amendments to this chapter and other matters pertaining to this chapter. A collection procedure shall also be established. Until all application fees and charges have been paid in full, no action shall be taken on any application or other matter.
The provisions of this chapter and the Zoning Map may from time to time be amended, supplemented or changed by the Township Supervisors.
A. 
Procedure. The following procedures shall be observed prior to making any amendment or change to this chapter or parts thereof, including the Zoning Map:
(1) 
Every proposed amendment or change not initiated by the Township Planning Commission shall be referred to the Township Planning Commission at least 30 days prior to the date of the public hearing to provide the Township Planning Commission an opportunity to submit recommendations prior to the hearing. The Planning Commission shall review each amendment against the community development objectives, land use plan, circulation plan and community facilities plan comprising the Comprehensive Plan for the Township.
(2) 
All proposed amendments to this chapter shall be submitted to the County Planning Commission for their recommendations at least 30 days prior to the public hearing.
(3) 
Curative amendments. The procedure upon curative amendments shall be as established in the Pennsylvania Municipalities Planning Code, as amended.[1] A curative amendment shall be referred to the County and the Township Planning Commission as provided in this section, and notice of any hearing thereon shall be given as provided by law.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B. 
Submission of impact statement. With a request for a zoning amendment initiated by other than the Township Planning Commission or Township Supervisors, a statement indicating the impact of the zoning change on the Township shall be submitted with the application for rezoning. The statement shall compare the impact on the Township resulting from the existing zoning with impact resulting from the proposed zoning, specifically discussing:
(1) 
Agricultural impact. The acreage and productivity rating of soils to be taken out of production or agricultural use.
(2) 
Environmental impact. The impact on wooded areas, floodplains, areas of high water table, wildlife habitats, stormwater runoff, erosion and sedimentation, historic sites, water quality, air quality, solid waste generation and noise levels.
(3) 
Traffic impact. The impact on traffic generation per day and at peak hours, including numbers and routes expected to be used. An analysis of traffic capacities of adjacent roads and intersections and roads and intersections to be significantly affected by the zoning change shall be prepared.
(4) 
Services impact. The demand for school, police, sewer, water, sanitation and road maintenance services.
C. 
Public hearing.
(1) 
The Township Supervisors shall hold a public hearing before voting on the enactment of any amendment or change. Public notice of such hearing shall be given as required by law. If, after any public hearing held upon an amendment or change, the proposed amendment or change is revised, or further revised, to include land previously not affected by it, the Township Supervisors shall hold another public hearing pursuant to public notice prior to voting on the amendment or change. The Township Supervisors shall vote on the proposed amendment within 90 days after the last public hearing. Enactment of amendments shall be in accordance with the procedure established in the Pennsylvania Municipalities Planning Code, as amended.
(2) 
Once a public hearing has been advertised regarding an individual property or a Zoning Map change, a notice shall be posted on each side of the affected property which faces a street in such a position that such notice is readily readable. The notice shall be posted at least one week prior to the hearing and shall state the following:
(a) 
That an application for an amendment to this chapter or Zoning Map has been requested;
(b) 
The proposed use of the property;
(c) 
The existing zoning district and the proposed zoning district;
(d) 
The name of the applicant and the owner of the property;
(e) 
The date, time and place of the public hearing.
A. 
Scope. A stop order may be issued in the following instances:
(1) 
If activities regulated by this chapter are undertaken without the required zoning permit, building permit, sign permit, or certificate of use and occupancy being granted by the Township.
(2) 
If an activity undertaken under a zoning permit, building permit or sign permit deviates from the approved application either during or after completion of the work.
(3) 
If a use is conducted or a building or structure is established in a way which is in violation of the use requirements, area, yard, coverage and height regulations, performance standards, general regulations or any other requirements of this chapter.
(4) 
If an activity permitted by special exception, variance or condition is not conducted in accordance with the terms of the granting of the special exception, variance or conditional use.
B. 
Notice to owner. A stop order shall be issued by the Zoning Officer and delivered to the owner of any property or his agent. Delivery shall be construed to include certified mail or posting on the property.
C. 
Contents. The stop order shall be in writing and state the nature of the violation and under which conditions the work or use may resume. A reasonable period of time as determined by the Township Zoning Officer may be permitted to allow for the required corrections.
D. 
Unlawful continuance. Any person who shall continue in violation of any stop order shall be in violation of this chapter and subject to the penalties provided within this chapter.
A. 
If it appears to the municipality that a violation of any zoning ordinance enacted under this act or prior enabling laws has occurred, the municipality 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 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 municipality 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 30 days after notice of the determination is issued.
(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.
A. 
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 ordinance enacted under this act or prior enabling laws, the governing body or, with the approval of the governing body, an officer of the municipality, 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 municipality at least 30 days prior to the time the action is begun by serving a copy of the complaint on the governing body of the municipality. No such action may be maintained until such notice has been given.
B. 
Jurisdiction. District justices shall have initial jurisdiction over proceedings brought under § 390-89C.
C. 
Enforcement remedies.
(1) 
Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of any zoning ordinance enacted under this act or prior enabling laws shall, upon being found liable therefore 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 a municipality 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 municipality may enforce the judgment pursuant to the applicable rules of civil procedures. 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 has been a good faith basis for the person, partnership or corporation violating the ordinance 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 municipality whose ordinances have been violated.
(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 municipality the right to commence any action for enforcement pursuant to this section.
A. 
Application. One copy of an application for permission to conduct a use permitted by condition shall be submitted to the Township Secretary. Such application shall include all information specified for a zoning permit application in § 390-83 of this chapter and any other information necessary to allow the Township Supervisors to determine that all requirements of this chapter have been met.
B. 
Review.
(1) 
After receiving an application, the Supervisors shall refer one copy of the application to the Township Planning Commission for its review and one copy to the Township Zoning Officer for his review. The application shall be reviewed at one or more advertised meetings of the Township Supervisors with the initial hearing being commenced within 60 days of receipt of the application, unless the applicant agrees, in writing, to an extension of time. Each subsequent hearing shall be held within 45 days of the prior hearing. The Supervisors shall either approve or disapprove the application, in writing, within 45 days after the date of the final hearing.
(2) 
The granting of permission to conduct a use permitted by condition does not exempt an application from acquiring all approvals required by the Township's Subdivision and Land Development Ordinance.[1]
[1]
Editor's Note: See Ch. 330, Subdivision and Land Development.
C. 
Standards.
(1) 
Conditional uses shall meet the specific standards established for each use by this chapter and all other applicable zoning district requirements and general regulations established by this chapter. In addition, the following standards shall be met:
(a) 
The use shall be one which is specifically authorized as a conditional use in the zoning district wherein the applicant is seeking a conditional use.
(b) 
Services and utilities shall be made available to adequately service the proposed use.
(c) 
The use will not generate traffic such that hazardous or unduly congested conditions will result.
(d) 
The use is appropriate to the site in question.
(e) 
The use shall not adversely affect the character of the general neighborhood, or the health and safety of residents or workers on adjacent properties and in the general neighborhood.
(2) 
The applicant shall demonstrate, as a condition to approval of his application, that the standards in Subsection C and those specified elsewhere in this chapter for the use in question would be met.
(3) 
The Township Supervisors may impose such additional safeguards as are necessary to protect the public health, safety and welfare.
A. 
Scope. Construction of any new building, or an addition or expansion of an existing building in excess of the lesser of 2,500 square feet or 25% of existing building size, or change in use, except one single-family detached dwelling, one single-family semidetached dwelling, one two-family detached dwelling, agricultural buildings and other accessory buildings, shall be subject to a land development plan approval prior to the issuance of a zoning and/or building permit. Any construction exempted from land development plan approval shall comply with the Schuylkill River Watershed Stormwater Management Ordinance.[1]
[1]
Editor's Note: See Ch. 320, Stormwater Management, Art. II, Schuylkill River Watershed Stormwater Management.
B. 
Application procedures. Applications shall be submitted to the Township Planning Commission for review and recommendation to the Exeter Township Board of Supervisors for approval and recording, if applicable. The following material shall be supplied as applicable:
(1) 
A plot plan of the lot showing the location of all present and proposed buildings, drives, parking lots, loading areas, curb cuts, other necessary construction features and the location of all topographical features;
(2) 
Complete architectural design drawings for any proposed industrial, commercial or residential multifamily building. In all residential developments, architectural design drawings of the prototype of each different residential dwelling shall be required;
(3) 
A description of any commercial or industrial operations proposed in sufficient detail to indicate the effects of those operations in producing traffic congestion, noise, glare, air pollution, water pollution, vibration, fire hazards, safety hazards or the emission of any potential harmful or obnoxious matter or radiation. Engineering and architectural design drawings shall be provided for the handling of any of these problems.
(4) 
All necessary information to determine compliance with the requirements of this chapter for parking and loading.
(5) 
Designation of the manner by which sanitary sewage and storm drainage shall be disposed and water supply obtained, including the proposed location of any underground pipes. Engineering and architectural design drawings shall be provided for any water plant or sewage disposal plant. Stormwater runoff calculations shall accompany plans for accommodating runoff and shall demonstrate compliance with the Schuylkill River Watershed Stormwater Management Ordinance.[2] A statement indicating all improvements to be undertaken during the first phase of construction, those which are to be completed within one year from the issuance of a plan approval, as well as those being built at a later date. This statement shall also show a list of firms which are likely to be located within the development, their floor area and estimated number of employees.
[2]
Editor's Note: See Ch. 320, Stormwater Management, Art. II, Schuylkill River Watershed Stormwater Management.
(6) 
Other data required by this chapter or deemed necessary by the Planning Commission because of the unusual nature of the activities.
C. 
Review. The Planning Commission shall examine the materials to determine whether the proposed development conforms to this chapter and make available its findings, including necessary modifications, which must be provided for approval to the applicant and to the Exeter Township Board of Supervisors who shall take action within 90 days.
D. 
Issuance. All plan approval reviews by the Planning Commission and Supervisors shall be forwarded to the Zoning Officer and maintained as a matter of public record. Notice of the decision shall be given to all parties in interest and any third parties requesting such notice. An approved land development plan approval shall continue in effect for six months from the date it is supplied to the Zoning Officer. If no construction work is undertaken by that date, the approval shall be nullified.
Sign permits shall be required in accordance with the § 390-69 of this chapter.
A. 
Scope. A certificate of intention shall be required in all instances where a nonconforming use is discontinued if the owner or operator of such use desires to maintain such a nonconforming use.
B. 
Procedure. The Zoning Officer shall maintain proper forms for the registration of any certificate of intention. It shall be incumbent upon the owner or applicant to file such a form with the Zoning Officer.
C. 
Notification. The proper adoption of this chapter shall be considered effective notice to all owners or operators of nonconforming uses of the requirements for registration for the discontinuance of all nonconforming uses.
D. 
Filing. The Zoning Officer shall maintain a separate file for all certificates of intention.
E. 
Duration. Each certificate of intention shall be valid for a one-year period. See § 390-75 of this chapter.