The provisions of this article of the chapter
are intended to parallel the Pennsylvania Municipalities Planning
Code and said provisions are amended as the MPC is amended.
A. Application.
(1) Hereafter no land shall be used or occupied, and no
building or structure shall be created, altered, used or occupied
except in conformity with the regulations herein established for the
districts in which such land, building or structure is located, as
well as all other applicable statutes.
(2) In case of mixed occupancy, the regulations for each
use shall apply to that portion of the building or land so used.
B. Administration and enforcement.
(1) There shall be a Zoning Officer who shall be appointed
by the Board of Supervisors and whose duty shall be and is hereby
given the power and authority to enforce the provisions of this chapter.
(2) Duties. The duties of the Zoning Officer shall be:
(a)
To examine all applications for permits required
by this chapter.
(b)
To issue permits only for construction and uses
which are in accordance with the regulations of this chapter and as
may be subsequently amended.
(c)
To record and file all applications for permits
and accompanying plans and documents and keep them for public record.
(d)
To issue permits for uses by special exception
and vacancies only after such uses and buildings are ordered by the
Zoning Hearing Board in accordance with the regulations of this chapter,
or Court of Appeals, subject to any stipulations contained in such
order.
(e)
To inspect nonconforming uses, buildings and
lots and to keep a filed record of such nonconforming uses and buildings
as a public record and to examine them periodically.
(f)
Upon the request of the Board of Supervisors
or the Zoning Hearing Board, present to such bodies facts, records,
and any similar information on specific requests to assist such bodies
in reaching their decision.
(g)
To be responsible for the keeping up-to-date
of this chapter and the Zoning Map, filed with the Township Secretary,
and to include any amendments thereto.
(h)
To be responsible for the administration of
the National Flood Insurance Program in Upper Uwchlan Township and
specifically in those areas where records must be maintained relative
to the types of land use permitted and occurring within the floodplain
district, variances issued, base flood elevations, elevation of lowest
floor, including basement, the elevation to which the structure is
floodproofed and other administrative functions necessary for participation
in the National Flood Insurance Program.
(i)
To notify, in riverine situations, adjacent
communities and the State Coordinating Office prior to any alteration
or relocation of a watercourse, and submit copies of such notifications
to the Administrator.
(j)
To assure the flood-carrying capacity within
the altered or relocated portion of any watercourse is maintained.
(k)
To be responsible for applicable provisions
included in all other codes, ordinances and regulations that are applied
insofar as they are consistent with the Township's needs to minimize
the hazard and damage which may result from flooding.
(l)
To process all applications for special exceptions
and variances before the Zoning Hearing Board.
C. Violations. Failure to secure a permit prior to the
change in use of land or building(s) or the erection, enlargement
or alteration, demolition of a building or failure to secure a use
and occupancy permit shall be a violation of this chapter. It shall
also be a violation of this chapter to undertake other deliberate
actions which are contrary to the terms of this chapter or other existing
statutes.
(1) Notice of violation. If the Zoning Officer shall find
that any of the provisions of this chapter are being violated, he
shall notify in writing the person responsible for such violation.
Such notice shall indicate the nature of the violation and order the
action necessary to correct it. He shall order discontinuance of illegal
use of land, building or structure; removal of illegal building or
structures or additions, alterations or structural changes thereto;
discontinuance of any illegal work being done or shall take any other
action authorized by this chapter to insure compliance with or prevent
violation of its provisions. Such order shall be delivered in person
by the Zoning Officer or shall be mailed by certified mail to the
person or entity responsible. Orders of the Zoning Officer shall become
effective within the time provided in the order, but in no event less
than one nor more than 30 days from receipt of notice. The Zoning
Officer shall allow reasonable time for compliance with orders.
(2) Repeat violation of an initial notification as to violation of an ordinance provision shall constitute forfeiture of subsequent notices and result in the fines as provided in Subsection
D.
(3) Complaints regarding violations. Whenever a violation
of this chapter occurs, or is alleged to have occurred, any person
may file a written complaint. Such complaint stating fully the causes
and basis thereof shall be filed with the Zoning Officer. He shall
record properly such complaint, investigate, and take action thereon
as provided by this chapter.
D. Fines and penalties. Any person, partnership or corporation
who or which has violated or permitted the violation of the provisions
of this chapter enacted, upon being found liable therefor in a civil
enforcement proceeding commenced by the Township, shall 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 be payable until the date
of the determination of a violation by the Magisterial District Judge.
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 Magisterial District Judge determining
that there has been a violation further determines that there was
a good faith basis for the person, partnership or corporation violating
the 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 Magisterial District Judge 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 this chapter
shall be paid over to the municipality whose ordinance has been violated.
[Amended 1-17-2006 by Ord. No. 06-01]
(1) 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.
(2) 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.
E. Enforcement remedies. In case any building, structure
or landscaping is erected, constructed, reconstructed, altered, repaired,
demolished, converted or maintained, or any building, structure or
land is used, or any hedge, tree, shrub or other growth is maintained
in violation of this chapter or of any regulations made pursuant thereto,
the Township, nor any aggrieved owner or tenant of real property who
shows that his property will be substantially affected by the alleged
violations, in addition to other remedies provided by law, any appropriate
action or proceedings, whether by legal process or otherwise, may
be instituted or taken to prevent, restrain or rejoin such unlawful
erection, construction, reconstruction, alteration, repair conversion,
demolition, 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.
[Amended 12-15-2003 by Ord. No. 03-05]
All permits to erect, modify, or maintain signs, as allowed and permitted by this chapter, shall adhere to §
200-99 of this chapter.
[Amended 12-16-1991 by Ord. No. 91-12]
A. General requirements. It shall be unlawful for the
applicant, person or other entity to sell, occupy any building or
other structure or parcel of land until an occupancy permit, if required,
has been duly issued therefor. Occupancy permit shall be required
prior to any of the following:
(1) Occupancy of any parcel of land, building or other
structure hereinafter erected, altered or enlarged for which a zoning
permit or sign permit is required.
(2) For all commercial and industrial uses, a change of
ownership or use of any parcel of land, building, or other structure
for which a zoning permit has been or should have been issued under
this chapter or previous zoning ordinance.
(3) For new construction in all zoning districts prior
to sale.
(4) For any change in use or for any change of the occupants,
whether by lease, sale or gift of any residential dwelling unit.
B. For any occupancy permit required by Subsection
A, no permit shall be issued unless the following items are satisfactorily inspected by the Building Code Officer of Upper Uwchlan Township, and determined to be in good working order as best can be determined by a site inspection:
(1) Outside:
(a)
Driveway entrance (paved 25 feet from street
right-of-way).
(b)
Walkway entrance (if existing).
(2) Inside:
(a)
Wood burning stove and its chimney.
(d)
Smoke detectors (required for each floor and
basement, battery or hot wired).
(3) Miscellaneous:
(a)
Recycling bins (both must be present).
C. Application procedures. All applications for use and
occupancy permits shall be made in writing on forms furnished by the
Township and shall include all information necessary to enable the
Zoning Officer to ascertain compliance with this chapter.
D. Issuance.
(1) Use and occupancy permits shall be granted or refused
within 10 days from the date of application. No application shall
be granted or refused until the Zoning Officer has inspected the premises.
Issuance of this permit by the Township official or employee designated
by the Zoning Officer shall be based in conformity of the work to
the requirements of this chapter and any other pertinent ordinance.
(2) Pending completion of a building or of alterations
thereto, temporary use and occupancy permit may be issued by the Zoning
Officer for a temporary occupancy of part or all of the building,
provided that such temporary occupancy will not adversely affect the
health, safety, and welfare of the public or property, and providing
further that a time limit for temporary permits not exceeding six
months shall be established.
(3) In commercial and industrial districts in which performance
standards are imposed or when required by the Zoning Officer, no use
and occupancy permit shall become permanent until 60 days after the
facility is fully operating, when upon a reinspection by the Zoning
Officer it is determined that the facility is in compliance with all
performance standards.
[Added 5-18-1998 by Ord. No. 98-04]
In addition to any information as required by
this chapter, the applicant shall provide information to prove by
a preponderance of evidence that the proposed use will comply in all
respects with the zoning and subdivision/land development standards
and regulations and the Township's future Land Use Plan and Open Space
and Recreation Plan.
A. The applicant shall establish by a fair preponderance
of credible evidence that the use intended at the location intended
shall not be contrary to the public health, safety and welfare.
B. The applicant shall establish by a fair preponderance
of credible evidence that the capacity of the road network providing
access to the premises in question, when the incremental increase
in traffic attributable to the proposed use is superimposed upon the
existing use of the road network, shall not lower the level of service
of the roads or any portion thereof below the level of service that
would occur in the future without the proposed development.
C. The applicant shall establish by a fair preponderance
of credible evidence that the external access locations and interior
traffic circulation for the proposed use at the proposed location,
including but not limited to acceleration and deceleration lanes and
parallel access road where required at the proposed entrances to the
location, shall be adequate to provided safe and convenient circulation
for users of the facility, visitors to the facility, employees of
the facility and all emergency vehicles that may require entrance
thereon.
D. The applicant shall establish by a fair preponderance
of credible evidence that the facility provides safe and convenient
pedestrian access and internal circulation within the grounds of the
facility and particularly for points of access from the facility to
the parking areas.
E. The applicant shall establish by a fair preponderance
of credible evidence that adequate screening is provided between the
lands in question and surrounding residential uses and residentially
zoned districts to screen the facility from view, preclude any glare
from lighting or excessive noise from being ascertainable beyond the
boundaries of the property.
F. The applicant shall establish by a fair preponderance
of credible evidence, which shall include but not necessarily be limited
to a certificate from the chief of the fire company providing services
to the facility, that the said company has adequate facilities to
reach the highest points of the building with ladders and hoses or,
in the alternative, that such facilities satisfactory to the fire
company will be provided by the owner or operators of the facility.
G. The applicant shall establish by a fair preponderance
of credible evidence that adequate water storage is available at the
facility for fire-fighting purposes without impairing the uses of
the water supply for ordinary purposes on the premises. The evidence
shall include but not be limited to a water supply plan, a fire plan
and a certificate of the adequacy of both executed by the chief of
the fire company providing services to the facility, and the plans
shall be prepared and certified as correct by a registered professional
engineer and approved by the Township Engineer.
H. The applicant shall establish by a fair preponderance of credible evidence the adequacy of public water supply (Chapter
183, Article
I, Public Water Supply), sanitary sewer facilities, stormwater management facilities, and all other utilities that the development will access or otherwise utilize. The applicant shall specifically document the availability of capacity within the sanitary sewage system that will service the proposed facility.
[Amended 12-15-2003 by Ord. No. 03-05]
I. The applicant shall submit information that documents conformance to all requirements of §
162-9H of Chapter
162 (impact statements - traffic, recreation, and historic, as well as fiscal impact statements), as established in both §
162-9H of Chapter
162 and the following Subsection
J.
[Added 12-15-2003 by Ord. No. 03-05]
J. The applicant shall submit a site analysis and impact plan, pursuant to §
162-9D of Chapter
162, Subdivision and Land Development.
[Added 12-15-2003 by Ord. No. 03-05]
K. A fiscal impact analysis shall be prepared for all
conditional uses identifying the likely impact of the development
on the Township's tax revenue and expenditure patterns. Included shall
be a determination of the revenues to accrue to the Township as a
result of a proposed development, as well as an identification of
the costs associated with delivering services to the proposed development.
The analysis shall deal with the impact of the proposed development
on the ability of the Township to deliver fire, police, administrative,
public works and utility services to the development. The applicant
shall utilize one or more methodologies described as appropriate for
the proposed land use(s) in The Fiscal Impact Handbook (Rutgers Center
for Urban Policy Research, 1978), The New Practitioner's Guide to
Fiscal Impact Analysis (Rutgers Center for Urban Policy Research,
1985), The Development Impact Assessment Handbook (Urban Policy Research,
1994), or a more recent publication/methodology as may be available.
Population and other demographic multipliers used in preparing the
analysis should be developed from local sources when available (such
as from Upper Uwchlan Township, the Downtown Area School District
and the Chester County Planning Commission) or from the most recent
information published by the U.S. Department of Commerce, Bureau of
the Census. In the preparation of the fiscal impact analysis, the
applicant shall also solicit information from Upper Uwchlan Township
officials (administration, public works, police, fire and emergency
services, parks and recreation) regarding the need to add staff, facilities
or equipment in order to properly service the development proposal
and the associated costs of providing these services.
[Amended 12-15-2003 by Ord. No. 03-05]
L. The Board of Supervisors may impose such conditions,
in addition to those required, as are necessary to assure that the
intent of this chapter is complied with, which conditions may include,
but are not limited to, harmonious design of buildings, planting and
its maintenance as a sight or sound screen, the minimizing of noxious,
offensive or hazardous elements, adequate standards of parking and
sanitation.
[Amended 12-15-2003 by Ord. No. 03-05]
[Amended 5-18-1998 by Ord. No. 98-04]
The granting of any permit under this chapter
by the Township or any of its designated officials or the use of land
or structures or the erection, alteration or extension of any structure
or the approval of any subdivision or land development plan, shall
not constitute a representation, guarantee, or warranty of any kind
by the Township or any of its officials or employees as to any manner
of injury resulting from such use, erection, alterations or extension,
and shall create no liability upon, or a cause of action against such
public body, officials or employees for any damages or injury that
may result pursuant thereto.
[Amended 11-18-2013 by Ord. No. 2013-03]
A. The provisions of this chapter shall not apply to
Upper Uwchlan Township nor to any building or land of the Township
or extension thereof, or to the use of any premises by the Township,
nor shall its provisions be construed to apply in any way to any building,
lands or premises owned or operated by the Township. The provisions
of this chapter shall also not apply to West Vincent Township with
respect to Uniform Parcel Identifier No. 32-2-6-E.