Township of Upper Uwchlan, PA
Chester County
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Table of Contents
Table of Contents

§ 200-109 Applicability, administration and enforcement; violations and penalties.

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 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 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 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 this chapter shall be paid over to the municipality whose ordinance has been violated.[1]
(1) 
The Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, toiling 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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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.

§ 200-110 Common permit regulations.

A. 
General requirements.
(1) 
Application for permits shall be made in writing on an appropriate form to the Zoning Officer and shall contain all information necessary for such Officer to ascertain whether the proposed use of land or improvement under the application shall comply with the provisions of this chapter and all other existing statutes.
(2) 
Application for permits required under this chapter may be submitted by an owner or a designated representative thereof; however, responsibility for obtaining any required permit and compliance with existing statutes, shall rest with the property owner.
(3) 
No permit shall be issued except in conformity with the regulations of this chapter, and other existing statutes, except after written order from the Zoning Hearing Board or the courts. Any permits issued on written order of the Zoning Hearing Board or the courts shall be subject to any stipulation contained in that order.
(4) 
In all instances in which the Zoning Officer expresses a reasonable doubt as to the ability of a proposed use to meet all the requirements of this chapter, it will be incumbent upon the application to furnish adequate evidence in support of this application. If such evidence is not presented, the zoning permit will be denied.
(5) 
The parcel or parcels of land or buildings or parts of buildings for which an application is begin submitted shall be in full ownership or proof of equitable ownership shall be furnished at the time of application.
(6) 
No application is complete until all the necessary documents have been filed and fees have been paid.
B. 
Fees. All permit fees under this chapter shall be determined by the Board and a schedule of such shall be made available to the general public. The Board shall be empowered to reevaluate the fee schedule and make necessary alterations to it. Such alterations shall not be considered an amendment to this chapter and may be adopted at any public meeting of the Board by resolution.
C. 
Issuance of refusal of permits. If the Zoning Officer determines that an application is in compliance with the provisions of this chapter, it shall be his duty to issue the appropriate permit. If he determines that an application is not in compliance with the provisions of this chapter, it shall be his duty to refuse the permit, in which case he shall instruct the applicant in the method of appeal or application to the Zoning Hearing Board.
D. 
Notification to applicant. All applicants for permits or certificates shall be given written notice of the status of the application within 30 days, unless otherwise specified. When an application is refused, the Zoning Officer shall specify reasons for the refusal.

§ 200-111 Zoning permits.

A. 
A zoning permit shall be required prior to a change in use of land or buildings; a change in use or extension or enlargement of a nonconforming use; or development within the Floodplain Conservation District. The placing of vacant land under cultivation shall not require a zoning permit. It shall be unlawful to commence any site work or other work requiring a zoning permit shall until a permit has been properly issued therefor.
B. 
Application for zoning permits. Application for permits under this section, along with accompanying plans and data, may be submitted by the Zoning Officer to any appropriate governmental agency, authority or representative for review and comment relative to compliance with existing statutes and the Zoning Officer shall consider those comments in action on the application. All applications shall be accompanied by:
(1) 
Three copies of the approved land development and/or plot plan together with any other data and information required by the Zoning Officer to evaluate compliance with this chapter and other existing statutes.
(2) 
Three copies of detailed architectural plans for any proposed building or structure under the application.
(3) 
Wherein the disturbance or movement of earth is contemplated, a soil and erosion control plan with an accompanying narrative prepared by a qualified person for review and approval by the Township Engineer; or, when applicable, a copy of the permit issued by the Pennsylvania Department of Environmental Protection approving earth-moving operations.
(4) 
Permits or certification from the appropriate agency for the provision of a healthful water supply, disposal of sewage and other wastes, and control or objectionable effects, as well as any other appropriate, lawful permits as may be required by statute.
(5) 
Additional copies of any information may be required by the Zoning Officer.
(6) 
Permits shall be granted or refused within 30 days upon satisfaction of the Township that all supplemental information has been supplied.
C. 
Temporary zoning permits. A temporary zoning permit may be authorized by the Zoning Officer for a nonconforming structure or use which it deems beneficial to the public health or general welfare, or which it deems necessary to promote the proper development of the community, provided that such nonconforming structure or use shall be completely removed upon expiration of the permit without cost to the Township. Such a permit shall be issued for a specified period of time, not exceeding one year.

§ 200-112 Sign permits.

[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.

§ 200-113 Building permits.

A. 
Requirements of building permits. A building permit shall be required prior to the erection or alteration of or addition to, any building or other structure or portion thereof. It shall be unlawful for any person to commence work for the erection or alteration of, or addition to, any building or other structure or portion thereof until a building permit has been duly issued therefor, except as provided by special exception.
B. 
Application for building permits. All applications for building permits shall be made in writing on forms furnished by the Township and shall be accompanied by a plot plan drawn to scale and accurately showing the exact size and location of any buildings or other structures existing on the lot in question or upon abutting land within 50 feet of the side and rear lot lines of such lot, and the lines within which the proposed building or other structure shall be erected or altered. There shall, in addition, be included with all applications, such other plans, documents and information as may be necessary to enable the Zoning Officer to ascertain compliance with this chapter and all other pertinent ordinances. The Zoning Officer shall reply to all building permit applications within 30 days of receipt.
C. 
Issuance of building permits. No building permit shall be issued until the Zoning Officer has certified that the proposed building, structure or alteration complies with the provisions of this chapter and applicable ordinances. Upon completion of the erection, addition to, or alteration or any building, structure or portion thereof authorized by any building permit obtained in compliance with this chapter, and prior to use of occupancy, the holder of such permit shall notify the Zoning Officer of such completion. Use and occupancy shall not be authorized until the Zoning Officer has certified that the work has been inspected and approved as being in conformity with this and other applicable ordinances, and has issued a use and occupancy permit as provided below.

§ 200-114 (Reserved) [1]

[1]
Editor's Note: Former § 200-114, Permit procedure for microwave antenna for satellite communication, amended 1-17-2006 by Ord. No. 06-01, was repealed 6-16-2014 by Ord. No. 2014-03. See now § 200-91, Wireless communications facilities.

§ 200-115 Occupancy permits.

[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 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).
(c) 
Handrail.
(d) 
Riser and treads.
(e) 
Decks.
(2) 
Inside:
(a) 
Wood burning stove and its chimney.
(b) 
Electrical connections.
(c) 
HVAC.
(d) 
Smoke detectors (required for each floor and basement, battery or hot wired).
(3) 
Miscellaneous:
(a) 
Recycling bins (both must be present).
(b) 
Fee status:
[1] 
Solid waste collection.
[2] 
UUTMA (if applicable).
(c) 
Zoning (use).
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.

§ 200-116 Conditional uses.

A. 
An application for a conditional use shall be filed with the Board of Supervisors, and shall state:
(1) 
The name and address of the applicant.
(2) 
The name and address of the owner of the real estate to be affected by the proposed conditional use application.
(3) 
A description and location of the real estate on which the conditional use is proposed.
(4) 
A statement of the present zoning classification of the real estate in question, the improvements thereon, and the present use thereof.
(5) 
A statement of the section of this chapter which authorizes the conditional use.
(6) 
An accurate description of the present improvements and the additions intended to be made under the application for conditional use, including the size or proposed improvements, material and general construction features. The application shall be accompanied by a proposed plan showing the size and location of the proposed use, the location of all proposed buildings, all proposed facilities, including access drives and parking areas, and dimensional features demonstrating compliance with the applicable area, width, coverage, yard and design standards.
B. 
The application for a conditional use shall be filed with the Secretary of the Township on such forms as may be prescribed for that purpose, and shall be accompanied by the application fee, prescribed from time to time, by the Board of Supervisors. No application shall be received for filing unless accompanied by the required filing fee. The Secretary shall submit the application to the Township Planning Commission within five days of receipt, and the Planning Commission shall review the application and make a recommendation to the Board of Supervisors within 30 days thereafter.
C. 
The Board of Supervisors shall hold a public hearing on the conditional use application in accordance with the following procedures:
(1) 
Notice of the hearing shall be given to the public by publication in newspaper of general circulation in the Township at least twice, the first such notice to be not less than 10 days prior to the date of the scheduled hearing. Additionally, like notice thereof shall be given to the applicant, the Zoning Officer, and to any person who has made timely written request for same. Notice of the hearing shall be conspicuously posted on the affected tract of land. The Board of Supervisors shall conduct its first hearing on the application within 60 days from the date the application is filed with the Township Secretary.
(2) 
The parties to the hearing shall be the municipality, any person affected by the application who has made timely appearance of the record before the Board of Supervisors, and any other person, including civic or community organizations, permitted to appear by the Board. The Board shall have the power to require that all persons who wish to be considered parties enter written appearances on forms provided by the Board for that purpose.
(3) 
The Chairman or Acting Chairman of the Board shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by the parties.
(4) 
Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded.
(5) 
The Board of Supervisors shall keep a stenographic record of the proceedings and a transcript of the proceedings and copies of the graphic or written material received in evidence shall be made available to any party at cost.
(6) 
The Board shall render a written decision within 45 days after the last hearing before the Board. Where the application is contested or denied, the decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons therefor.
(7) 
A copy of the final decision shall be delivered to the applicant and the parties before the Board personally or mailed to them not later than the day following the date of the decision.
(8) 
The provisions of this Subsection C are meant to be directory and not mandatory.
D. 
In granting or denying a conditional use or establishing conditions with reference to such grants, the Board of Supervisors shall use as a guide in evaluating a proposed conditional use, and may determine to be mandatory, those standards established for review of special exception applications by § 200-126J of this chapter. The burden of establishing compliance with those enumerated standards shall be upon the applicant by a fair preponderance of the credible evidence. The standards required by this subsection shall be deemed a part of the definitional aspect under which a conditional use may be granted, and the failure of the applicant to establish his compliance with all of the standards shall, in the discretion of the Board, be deemed either a basis for the establishing of conditions or limitations on an approval or the basis for a determination that the applicant has not met the requirements for which a conditional use may be granted.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E. 
Nothing in this section shall be construed to relieve the applicant for a conditional use approval from obtaining other required approvals mandated by Chapter 162, Subdivision and Land Development, or other applicable ordinances.
F. 
Appeals from a determination of the Board pursuant to any application for conditional use shall be only as prescribed within such times permitted by the applicable provisions of the Pennsylvania Municipalities Planning Code.
G. 
In granting an application for conditional use, the Board may attach such additional reasonable conditions and safeguards as it deems necessary and appropriate to insure compliance with the provisions of this chapter and to protect the health, safety and general welfare of the community. The Board of Supervisors, in granting an application for conditional use may approve modifications to applicable area and bulk regulations when said modifications are deemed by the Board of Supervisors to be in the public interest and in furtherance of the goals set forth in this chapter of Upper Uwchlan Township. In approving such modifications, the Board of Supervisors may attach any conditions deemed necessary by the Board to ensure adequate screening, landscaping, buffering of neighboring properties, or other means to mitigate potential impacts resulting from modifications to area and bulk regulations.
[Amended 5-1-2000 by Ord. No. 00-01[2]]
[2]
Editor's Note: Section 2 of this ordinance also provided "Applications to the Board of Supervisors to waive certain applicable area and bulk regulations shall be reviewed and commented on by the Township's Planning Commission."

§ 200-117 Conditional use 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]

§ 200-118 Liability.

[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.

§ 200-119 Exemption.

[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.