[Ord. No. 247-2018, 9/17/2018]
The provisions of this Chapter, in its interpretation and application,
shall be held to be minimum requirements adopted for the promotion
of the public health, safety, and general welfare. Every use, lot,
structure, building, or sign shall conform to all provisions of this
Chapter except those exempted by or under this Chapter. Nothing in
this Chapter shall require any change in plans or construction of
a building for which a building permit has been issued by the Borough
prior to the effective date of this Chapter and which is completed
within one (1) year of the effective date of this Chapter.
[Ord. No. 247-2018, 9/17/2018]
The provisions of this Chapter shall be administered and enforced
by the Zoning Officer, who shall be appointed by and serve at the
pleasure of the Borough Council. The Zoning Officer shall meet qualifications
established by the Borough and shall be able to demonstrate to the
satisfaction of the Borough Council a working knowledge of municipal
zoning. The Zoning Officer shall administer this Chapter in accordance
with its literal terms and shall not have the power to waive or modify
any term or condition of this Chapter or permit any construction or
any use or change of use which does not conform to this Chapter. The
Zoning Officer may be provided with assistance of such persons as
the Borough Council may direct.
[Ord. No. 247-2018, 9/17/2018]
The Zoning Officer shall be charged with the duty and shall
have the power to enforce literally the provisions of this Chapter
and its amendments. The Zoning Officer shall have such duties and
powers as are conferred upon him by this Chapter and as reasonably
implied for the purposes of enforcement. These duties may include,
but are not limited to, the following:
A.
Receive and examine all applications for permits governed by this
Chapter and issue such permits only when in conformance with the provisions
of this Chapter and with other Borough ordinances, provided, however,
that the issuance of a permit shall not be deemed a waiver of the
requirements of any Borough ordinance.
B.
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 action taken consequent to each such complaint. Record
and file all applications for permits with accompanying plans and
documents. All such records shall be open to public inspection.
C.
Before issuing any permit, and at the Zoning Officer's discretion,
examine or cause to be examined all buildings, structures, signs,
or lands and portions thereof for which an application has been filed.
Request that the Borough Solicitor issue cease and desist orders and
order, in writing, correction of all conditions found to be in violation
of the provisions of this Chapter. Such written orders shall be served
personally, by general mailing, 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.
D.
Issue permits for special exception uses or for variances only after
such uses and/or buildings have been approved by the Zoning Hearing
Board.
E.
With the approval of the Borough Council, or when directed by the
Council, institute any appropriate enforcement proceedings to prevent
unlawful use; to restrain, correct, or abate violations so as to prevent
the unlawful occupancy or use of any building, structure, or land;
or to prevent any illegal act, conduct, business, or use in or about
such premises.
F.
Revoke by order a permit issued:
1.
Under a mistake of fact.
2.
Contrary to the law or the provisions of this Chapter.
3.
On the basis of any false statement or misrepresentation of fact
in the application or on the plans on which the permit or approval
was based, if it is found that work performed or the use to which
the property is put is not in conformance with the application.
G.
Maintain a map showing the current zoning classification of all land
in the Borough.
H.
Upon the request of the Borough Council, the Planning Commission,
or the Zoning Hearing Board present to such bodies facts, records,
or reports to assist them in making decisions.
I.
Submit monthly to the Borough Council a written statement of all
permits, violations, and stop-work orders recommended or promulgated.
[Ord. No. 247-2018, 9/17/2018]
A building permit shall be required, in accordance with regulations promulgated by the Borough, where a building or structure is to be erected, constructed, reconstructed, structurally altered, or moved. Application for and issuance of a building permit, and the work to be performed under the terms of any building permit, shall conform to the requirements of the Pennsylvania Uniform Construction Code [Chapter 4].
[Ord. No. 247-2018, 9/17/2018]
A.
It shall be unlawful for any person to use or occupy any building,
other structure, or land until a use and occupancy permit has been
duly issued.
B.
A use and occupancy permit shall be required prior to any of the
following:
1.
Use and occupancy of any building or other structure hereafter erected
or altered for which a building permit is required.
2.
Change in the use of any building or structure or any part thereof.
3.
Use of land or change in the use thereof, except that the use of
vacant land or change in use for cultivation shall not require a use
and occupancy permit.
4.
Change in use or extension of a nonconforming use.
5.
Operation of any home occupation as may be provided under terms of
this Chapter.
C.
It is the responsibility of the property owner to notify the Zoning
Officer within thirty (30) days of a change in use of a building or
structure or any part thereof or the completion of any activity authorized
by a building permit.
[Ord. No. 247-2018, 9/17/2018]
A.
Any application for a use and occupancy permit shall be made in writing
by the landowner or his authorized agent on a form furnished by the
Borough. The application shall contain all information necessary to
enable the Zoning Officer to determine compliance with this Chapter
and other applicable regulations. As determined by the Zoning Officer,
applications shall be accompanied by:
1.
One copy of any approved plot plan, land development plan, or other
data and information deemed appropriate by the Zoning Officer to evaluate
compliance with this Chapter and other applicable regulations.
2.
One copy of the architectural plans for any proposed building or
structure under application.
[Ord. No. 247-2018, 9/17/2018]
A.
No use and occupancy permit shall be issued until the Zoning Officer
has certified that the proposed use complies with all provisions of
this Chapter and all other applicable regulations of the Borough,
Chester County, and the Commonwealth of Pennsylvania, and has inspected
the property to confirm compliance.
B.
Within 15 days after receipt of the application, the Zoning Officer
shall either approve or deny the application and notify the applicant
accordingly. If the application is denied, the Zoning Officer shall
provide the applicant, in writing, the reasons for the denial and
the appeals process.
C.
Upon approval of an application, the Zoning Officer shall issue a
use and occupancy permit to the applicant for the use indicated on
the approved application.
D.
Upon request, the Zoning Officer may issue a temporary use and occupancy
permit to enable partial occupancy of a building pending completion
of construction or alteration. The Zoning Officer may attach conditions
and safeguards to such a temporary occupancy permit to protect the
occupants and the public.
[Ord. No. 247-2018, 9/17/2018]
A.
The Zoning Officer may issue a permit for the following temporary
uses:
1.
Sales and Construction Trailers. Temporary structures,
located on a tract undergoing development, that are utilized for construction
management purposes may, while serving that function, remain on the
tract only during active development of the property. Removal shall
occur immediately upon completion of the development process. Sales
trailers may be located on such a tract only during active development
of the property, but shall be removed no later than one (1) year following
the start of construction.
2.
Temporary Dwelling Units. A temporary dwelling unit, whether stationary or mobile, may be placed on a lot where an existing dwelling has been damaged or destroyed and is being rebuilt, or is being remodeled. The applicant shall demonstrate that a permanent use, in compliance with the applicable terms of this Chapter, is being pursued with due diligence and that the temporary dwelling unit will be utilized for the minimum practical time period and removed immediately upon the expiration of that period. The temporary use permit shall be issued for a time period not to exceed one (1) year, and may be extended only in accordance with the terms of the Pennsylvania Uniform Construction Code [Chapter 4].
B.
A use and occupancy permit shall be required prior to the utilization
of any temporary structure, and shall be issued only in accordance
with the terms of this Section.
C.
Any temporary structure shall comply with all applicable area and
bulk regulations for the zoning district in which it is to be situated.
[Ord. No. 247-2018, 9/17/2018]
A.
Permit Applications. Application fees for permits governed by this
Chapter, including use and occupancy permits, temporary use permits,
sign permits, and building permits, shall be paid in accordance with
a fee schedule adopted by resolution of the Borough Council.
B.
Applications or Appeals before the Borough Council or Zoning Hearing
Board.
1.
Upon submission of an application or appeal before either the Borough
Council or the Zoning Hearing Board, the applicant shall deposit an
amount of money in accordance with a schedule of applicant expenses,
adopted by resolution of Borough Council
2.
If, at any time, the charges then made against the applicant's deposit
shall reduce the remaining balance to an amount less than fifteen
(15) percent of the initial deposit amount and thereby render the
balance insufficient to insure payment of all expenses that may accrue
in the disposition of the pending appeal or application, the applicant
shall, upon notice from the Borough, provide additional deposits to
assure adequate funds to pay such expenses as they may accrue.
3.
The failure of the Borough or the Zoning Hearing Board to require
and obtain additional deposits from time to time shall not relieve
the applicant from liability for expenses in excess of deposits.
4.
Any amount deposited in excess of actual final expenses shall be
refunded to the applicant.
5.
The applicant shall be responsible for all costs related to the public
hearing that are authorized by and consistent with the Municipalities
Planning Code, 53 P.S. § 10101 et seq.
6.
Responsibility for the costs of a conditional use hearing shall be
the same as those specified in the Municipalities Planning Code, 53
P.S. § 10101 et seq., for a hearing before the Zoning Hearing
Board.
7.
An application for conditional use, special exception, variance,
validity challenge, curative amendment, petition for a zoning change,
or appeal shall not be deemed complete or to have been filed until
all application fees, charges, and expenses have been paid in full.
Required fees shall accompany the application.
[Ord. No. 247-2018, 9/17/2018]
A.
If it appears to the Borough that a violation of this Chapter has
occurred, the Borough shall initiate formal enforcement proceedings
by sending an enforcement notice as provided in this Section. The
Zoning Officer may informally request compliance prior to instituting
formal proceedings.
B.
The enforcement notice shall be sent to the owner of record of the
parcel in 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 Borough 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
procedure 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.
7.
In any appeal of an enforcement notice to the Zoning Hearing Board,
the Borough shall have the responsibility of presenting its evidence
first.
8.
Any filing fee paid by a party to appeal an enforcement notice to
the Zoning Hearing Board shall be returned to the appealing party
by the Borough if the Zoning Hearing Board, or any court in a subsequent
appeal, rules in the appealing party's favor.
[Ord. No. 247-2018, 9/17/2018]
A.
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 Chapter and report to the Borough
Council regarding the complaint and the action thereon.
B.
Where 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 or any prior enabling laws, the
Borough Council or, with the approval of the Council, the Zoning Officer
or other duly authorized officer of the Borough, 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.
C.
Where any such action is instituted by a landowner or tenant, notice
of that action shall be served upon the Borough at least thirty (30)
days prior to the time the action is begun by serving a copy of the
complaint on the Borough Council. No such action may be maintained
until such notice has been given.
[Ord. No. 247-2018, 9/17/2018]
A.
Any person, partnership or corporation who has received a notice
of violation from the Zoning Officer may either correct the violation
within the allotted time period, or if believed to be wrongfully served,
promptly file an appeal with the Zoning Hearing Board.
B.
Any person, partnership, or corporation who or which has violated
or permitted the violation of the provisions of this Chapter or any
prior enabling laws shall, upon being found liable therefore in a
civil enforcement proceeding commenced by the Borough, pay a judgment
of not more than $500, plus all court costs, including reasonable
attorney fees incurred by the Borough 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.
If the defendant neither pays nor timely appeals the judgment, the
Borough may enforce the judgment pursuant to the applicable rules
of civil procedure.
C.
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 this Chapter to
have believed that there was no such violation, in which event there
shall be deemed to have been only one such violation until the fifth
day following the date of the determination of a violation by the
magisterial district judge and thereafter each day that a violation
continues shall constitute a separate violation.
D.
All judgments, costs, and reasonable attorney fees collected for
the violation of this Chapter shall be paid over to the Borough.
[Ord. No. 247-2018, 9/17/2018]
Official records in zoning matters shall be kept on file at
the Borough office. These records shall include, but not be limited
to, all applications received, copies of all permits issued, copies
of orders and findings of the Zoning Hearing Board, written complaints
of alleged violations, records of all inspections made, a current
copy of this Chapter and all amendments, the Zoning Map, and all other
pertinent information. The records, including the written statement
of all permits issued and violations and stop work orders recommended
or promulgated, shall be available for the use of the Borough government
and inspection by any interested party during normal office hours.
[Ord. No. 247-2018, 9/17/2018]
The granting of any permit under this Chapter shall create no
liability upon, nor a cause of action against, any Borough official
or employee for damages or injury that may occur from the use, construction,
or enlargement of structures or the use of land.
[Ord. No. 247-2018, 9/17/2018]
Parties to proceedings authorized in this Chapter may utilize
mediation as an aid in completing such proceedings. Any such mediation
procedure shall be conducted in accordance with the terms of § 908.1
of the Municipalities Planning Code, as amended, 53 P.S. § 10908.1.
