This article outlines the procedures and regulations by which
this chapter shall be administered and includes responsibilities of
the Zoning Officer and procedures for obtaining and regulating permits,
fees, and violations.
A.
Hereafter, no land shall be used or occupied, and no building or
structure shall be erected, 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.
B.
In case of mixed occupancy within the same building or on the same
lot, the regulations for each use shall apply to that portion of the
building or land so used.
There shall be a Zoning Officer who shall be appointed by the
Board of Supervisors and whose duty it shall be to enforce the provisions
of this chapter.
A.
Zoning Officer. The Supervisors shall annually appoint a Zoning Officer
to serve for a term of one year or until their successor is appointed
and may appoint such Deputy Zoning Officers as it determines necessary
from time to time. No person so appointed shall hold any elective
office in the Township, and the Zoning Officer shall be able to demonstrate
to the satisfaction of the Supervisors a working knowledge of municipal
zoning. The Zoning Officer and their deputies shall administer this
chapter in accordance with its literal terms and shall not have the
power to permit any construction or any use or change of use or occupancy
which does not conform to this chapter. The Zoning Officer and any
such Deputy are hereby given the power and authority to enforce this
chapter, to institute enforcement proceedings and to prosecute violations,
including, upon approval of the Supervisors, actions in equity as
a means of enforcement.
B.
Duties. The duties of the Zoning Officer and the Deputies shall be:
(1)
To examine all applications for permits.
(2)
To receive applications for appeals, special exceptions, conditional
uses and variances and forward these applications to the Zoning Hearing
Board or the Board of Supervisors, as the case may be, for action
thereon.
[Amended 1-15-2018 by Ord. No. 433-18]
(3)
To issue permits for uses which comply with the regulations of this
chapter.
[Amended 9-21-2009 by Ord. No. 391-09]
(4)
To conduct inspections and surveys to determine compliance or noncompliance
with the terms of this chapter.
(5)
To record and file all applications for permits and accompanying
plans and documents and retain them as required by the Township's
record retention procedures and federal and state law and regulation.
[Amended 9-21-2009 by Ord. No. 391-09; 1-15-2018 by Ord. No. 433-18]
(6)
To keep an official record of all 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.
(7)
To issue permits for uses approved by special exception, variance,
or conditional use only after such uses or buildings and structures
permitted in conjunction therewith are ordered and approved by the
Zoning Hearing Board or the Supervisors, as applicable, in accordance
with the regulations of this chapter, or as directed by a competent
court of appellate jurisdiction, subject to such conditions or stipulations
contained in any such order.
(8)
To issue a cease and desist order and order, in writing, corrections
to 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.
[Amended 6-2-2014 by Ord.
No. 422-14]
(9)
Upon request of the Zoning Hearing Board or the Supervisors, to present
to such bodies facts, records, and any similar information on specific
applications to assist them in reaching decisions.
(10)
To receive and examine all applications for zoning and other
permits, referring applications to the appropriate reviewing authority,
and issue building and other permits only when there is compliance
with the provisions of this chapter and with other Township ordinances.
(11)
To be responsible for keeping up-to-date this chapter and the
Easttown Zoning Map, including all amendments thereto.[1]
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
(12)
To be responsible for the administration of the National Flood
Insurance Program in the Township as it relates to zoning regulation.
(13)
To notify, in riverine situations, adjacent communities and
the State Department of Environmental Protection prior to any alteration
or relocation of a watercourse and submit copies of such notifications
to the Township Manager.
(14)
To issue preliminary opinions in accordance with the procedure
established in Section 916.2 of the Municipalities Planning Code.[2]
[2]
Editor's Note: Original § 1303.B.15, regarding nonconforming
uses, buildings and lots, which immediately followed this subsection,
was deleted 9-21-2009 by Ord. No. 391-09.
(15)
Enforcement of this chapter and amendments thereto.
A.
Zoning permits.
(1)
It shall be unlawful to commence any site work or other work requiring
a zoning permit until a permit has been properly issued. A zoning
permit shall be required:
(a)
Prior to the erection, alteration, extension, enlargement, or demolition
of any building, structure, sign, or portion thereof. It shall be
unlawful for any person to commence work in connection with the erection,
alteration, extension, enlargement or demolition of any building,
structure or sign or portion thereof until a zoning permit has been
duly issued by the Zoning Officer. Issuance of a zoning permit shall
authorize the issuance of a building permit, subject to compliance
with any Township or state building or other codes applicable thereto.
(2)
The placing of vacant land under cultivation shall not require a
zoning permit.
(3)
A zoning permit is not required for repair to a structure other than
a nonconforming structure when such repair does not change the nature
or intensity of the existing uses.
(4)
A zoning permit shall not be required for alterations to the interior
of an existing building, provided that the use of such building is
not changed.
[Amended 12-15-2014 by Ord. No. 424-14]
B.
Applications. Application for a zoning permit shall be made in writing
to the Zoning Officer on a form furnished by the Township and shall
contain all information necessary for such officer to ascertain whether
the proposed use of land, buildings, or other improvements which are
the subject of the application complies with the provisions of this
chapter, all other applicable Township ordinances and regulations,
and all statutes and regulations of other governmental authorities
having jurisdiction. No application is complete, nor shall it be accepted
for filing, until all required documents, including but not limited
to homeowner association approvals if applicable, have been filed
and all fees have been paid.
[Amended 12-15-2014 by Ord. No. 424-14]
C.
Building permits. Upon the issuance of a zoning permit, the applicant
may file a written application on a Township-approved form for a building
permit with the Building Code Official. No building permit shall be
issued until the Zoning Officer has certified the proposed use by
issuance of a zoning permit. It shall be unlawful for any person to
commence work on the erection, alteration, enlargement, extension,
or demolition of any building until a building permit has been issued.
[Amended 9-21-2009 by Ord. No. 391-09]
A.
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.
B.
Applications for zoning permits shall specifically identify by name
and date of approval the subdivision or land development plan creating
the lot for which the permit is sought or shall supply sufficient
information to identify the lot and verify its compliance with applicable
zoning regulations. Applicants are encouraged to file with the application
a copy of such plan for the purpose of expediting the Zoning Officer's
processing of the application. At a minimum, the application shall
be accompanied by three copies of the plan(s) drawn to scale and contain
the following to verify conformity with this chapter:
[Amended 12-15-2014 by Ord. No. 424-14]
(1)
Identification by lot number and address of the lot, including a
sketch of the actual dimensions and shape of the lot.
(2)
Wherein the disturbance or movement of earth is contemplated, a soil erosion and sedimentation control plan in compliance with § 400-56 of Chapter 400, Subdivision and Land Development, 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 earthmoving operations.
(3)
The exact dimension and location on the lot of all existing buildings,
structures and signs, open space, if any, and all proposed buildings,
structures and signs, and proposed extensions or alterations thereof.
(4)
Existing and proposed uses, giving the number of existing and proposed
separate units or uses the building or structure is designed to accommodate.
(5)
The exact type, materials and specifications of a proposed sign,
and whether attached or freestanding.
(6)
A narrative description of the provision for water and sanitary sewerage
and, in the instance of a proposed on-site sanitary sewer system and/or
water well, a true and correct copy of the permit issued by the Chester
County Health Department or other regulatory authority having jurisdiction.
(7)
A description of any proposed industrial or commercial operations
in sufficient detail to indicate effects of those operations in producing
noise, heat, vibration, glare, air pollution, water pollution, fire
hazards, traffic congestion, or other safety hazards.
(8)
A description of methods to be employed in controlling any excess
noise, air pollution, smoke, fumes, water pollution, fire hazards
or other safety hazards.
(9)
The location, dimensions, arrangement and capacity of all open spaces
and yards and buffer areas, including proposed landscaping and plant
materials and screening methods.
(10)
All applicable Pennsylvania Department of Transportation permits
and any other appropriate, lawful permits as may be required by statute.
(11)
Any additional information that may be required by the Zoning
Officer or as may otherwise be required by this chapter.
C.
Applications for permits required under this chapter shall be submitted
by the landowner, or a designated representative proven to have authority
to act for the landowner; provided, however, that responsibility for
obtaining any required permit in compliance with this chapter shall
be the responsibility of the property owner in title. No zoning permit
application is complete unless it is accompanied by the requisite
fee. Applications found to be incomplete will not be accepted or processed.
[Amended 6-2-2014 by Ord.
No. 422-14; 12-15-2014 by Ord. No. 424-14]
D.
No permit shall be issued by the Zoning Officer except in conformity
with the provisions of this chapter and other applicable Township
ordinances and regulations, except upon written order of the Zoning
Hearing Board, or, where it has jurisdiction, the Board of Supervisors,
or a court of competent jurisdiction, as applicable; provided, however,
permits issued pursuant to such written orders shall be subject to
any conditions and stipulations imposed by such authorities.
E.
In all instances in which the Zoning Officer has or expresses a reasonable
doubt as to the ability of the proposed use, building or land to meet
all of the requirements of this chapter or any other applicable Township
ordinance or regulation, or those of any state agency or other regulatory
authority having jurisdiction, it shall be incumbent upon the applicant
to furnish to the Zoning Officer adequate evidence of compliance or
ability to comply in support of his application. If the Zoning Officer
determines that such adequate evidence has not been furnished, the
zoning permit shall be denied. In the case that a permit is denied,
the Zoning Officer shall send written notice to the applicant citing
the reasons why the permit was denied within 30 days of when the Zoning
Officer made the determination.
F.
The parcel or parcels of land, building or structure, or parts thereof,
for which an application is submitted shall be in full ownership of
the applicant, or proof of equitable ownership satisfactory to the
Zoning Officer shall be furnished at the time the application is filed.
G.
Permits shall be granted or refused within 30 days from the date
the application is filed with the Zoning Officer and shall be valid
for a period not to exceed one year from the date of issuance. If
construction is commenced under any such issued permit within such
period, the Zoning Officer is authorized to extend the permit for
a period not to exceed one additional year from the date of expiration
of the initial one-year period. The Zoning Officer is authorized to
revoke any zoning permit where there has been no substantial start
to construction or when a cessation of construction work of more than
six months has occurred.
H.
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.
[1]
Editor's Note: Former § 455-97, Certificates of
use and occupancy, was repealed 12-15-2014 by Ord. No. 424-14.
A.
The Board of Supervisors shall establish by resolution a schedule
of fees, charges, and expenses and collection procedures for zoning
permits, certificates of use and occupancy, special exceptions, variances,
conditional uses, appeals, and other matters pertaining to this chapter.
The schedule of fees shall be available for inspection in the office
of the Township Secretary during normal business hours and may be
amended by the Board by resolution. Such alterations shall not be
considered an amendment to this chapter and may be adopted at any
public meeting of the Board of Supervisors by resolution.
B.
Fees so established for any application or appeal, pursuant to this
chapter and paid to the Zoning Officer, shall accompany the application
or appeal upon submission. The Zoning Officer shall have the sole
discretion to determine the total amount due for an application or
appeal.
C.
Until all application fees, charges, and expenses have been paid
in full, no appeal or application shall be accepted for filing, nor
shall any action be taken thereon, nor shall any permit be issued.
D.
If, at any time, the charges then made against the applicant's deposit
shall render the balance insufficient to ensure payment of all expenses
that may accrue in the disposition of the ending appeal or application,
the Zoning Officer shall obtain from the applicant additional deposits
to assure adequate funds to pay such expenses as they may accrue.
Prior to final disposition of the matter, the amount of the deposit
shall not be less than 15% of the initial deposit amount. The failure
of the Zoning Officer to require and obtain additional deposits from
time to time shall not relieve the applicant from any liability for
expenses in excess of deposits.
A.
In the event any building, structure, landscaping, or land is or
is proposed to be erected, constructed, reconstructed, altered, converted,
maintained, or used in violation of this chapter, the Board of Supervisors,
the Zoning Officer, or any other enforcement officer of the Township,
with the Supervisors' approval, in addition to other remedies, may
institute any appropriate action or proceeding to prevent, restrain,
correct, or abate such a building, structure, landscaping, or land
or to prevent, in or about such premises, any such action, conduct,
business, or use constituting a violation of this chapter by giving
written notice of such action prior to the time the action is begun
in accordance with this article. Written notice shall be given to
the owner of the property served by the Zoning Officer or other enforcement
officer of the Township, or by certified mail, at least 30 days prior
to such action being taken. No such action may be maintained until
such notice is given.
[Amended 1-15-2018 by Ord. No. 433-18]
B.
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, who shall record such complaint, investigate, take
action thereon as provided by this article and report to the Supervisors
regarding the complaint and the action thereon.
A.
Failure to secure a permit prior to the construction, alteration,
extension, or demolition of any building or structure; failure to
secure a permit prior to a change in use or occupancy of land, buildings,
or structures; failure to secure a certificate of use and occupancy
permit prior to the use or occupancy of any land, building, or structure;
failure to obey or comply with any order or condition of approval
of any special exception, variance, conditional use, or other zoning
relief ordered by the Zoning Hearing Board or the Board of Supervisors,
as applicable; failure to comply with an enforcement notice duly issued
by the Zoning Officer or any authorized Township enforcement officer
in relation to the provisions of this chapter; failure to take any
action required as a condition of any use provisions of this chapter;
failure to comply with a lawful directive of the Zoning Officer or
any authorized Township enforcement officer issued under the provisions
of this chapter; and the undertaking of any deliberate action which
is contrary to the terms of this chapter shall constitute a violation
of this chapter, and the Zoning Officer shall initiate enforcement
proceedings by sending notice thereof as provided in this chapter.
Enforcement proceedings shall commence when it appears that a violation
of any provisions of this chapter occurs. By means of the enforcement
notice, the Zoning Officer may order the discontinuance of illegal
use of the land or structure(s), removal of illegal structure(s) thereto,
or discontinuance of any illegal work being done. Upon receipt of
such notice, discontinuance of the violation shall occur immediately.
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 such a notice regarding that parcel,
and to any other person requested in writing by the owner of record
of the parcel.
C.
The 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 the 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.
D.
In any appeal of an enforcement notice to the Zoning Hearing Board,
the Township shall have the responsibility of presenting its evidence
first.
E.
Any filing fees paid by a party to appeal an enforcement notice to
the Zoning Hearing Board shall be returned to the appealing party
by the Township, if the Zoning Hearing Board, or any court in a subsequent
appeal, rules in the appealing party's favor.
A.
The Magisterial District Judge shall have initial jurisdiction for
all proceedings brought under this section.
B.
Any person, partnership, or corporation who or which has violated
or permitted the violation of the provisions of this chapter shall,
upon being found liable in a civil enforcement proceeding commenced
hereunder, pay a judgment of $500, plus all court costs, including
reasonable attorneys' fees incurred by the Township as a result thereof.
No judgment shall commence or be imposed, levied, or payable until
the date of the determination of a violation by the Magisterial District
Judge. In the event that any such person against whom the Magisterial
District Judge has rendered a judgment neither pays nor timely appeals
the judgment, the Township may enforce the judgment pursuant to the
applicable Pennsylvania 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 such person
violating this chapter to have believed that there was no such violation.
In that latter 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 attorneys' fees collected for
the violation of this chapter shall be paid over to the Township.
C.
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.
D.
Nothing contained in this section shall be construed or interpreted
to grant any person or entity, other than the Township, the right
to commence any action for enforcement pursuant to this section.
