A.
Persons desiring to undertake any activities regulated by § 240-2 shall apply to the Zoning Officer for a zoning/building permit by filling out the appropriate application form and by submitting the required fee.
B.
The Zoning Officer shall either issue, in writing,
or refuse a zoning/building permit within 45 days after a duly submitted
application is submitted for a permitted-by-right use.
C.
If refused a permit by the Zoning Officer, the applicant
may appeal the Zoning Officer's determination to the Zoning Hearing
Board.
D.
After the applicant receives the zoning/building permit,
the applicant may proceed to obtain other necessary permits and undertake
the action permitted by the zoning/building permit and the other necessary
permits. However, it is recommended that applicants wait 30 days to
begin construction if there is a possibility of an appeal by another
party to have the permit revoked. Any commencement of construction
within this thirty-day period, or a longer period if provided under
state case law, shall be at the risk of the applicant.
E.
Upon completion of such action, the applicant shall
apply to the Zoning Officer for an occupancy permit, where such permit
is required.
A.
Appointment. The Board of Supervisors shall appoint
a Zoning Officer and any Assistant Zoning Officer(s) to administer
the provisions of this chapter. The Zoning Officer(s), who shall not
hold any elective office within the Township, shall continue to serve
the Township until such time as the Board of Supervisors declares
otherwise.
B.
Duties and powers.
(1)
The Zoning Officer shall:
(a)
Administer this chapter in accordance with its
literal terms.
(b)
Identify and register nonconforming uses and
nonconforming structures.
(c)
Receive and examine all applications required
under the terms of this chapter.
(d)
Issue or refuse permits, in writing, which should
occur within 30 days of the receipt of the application.
(e)
Receive complaints of violation of this chapter.
(f)
Enforce this chapter, including the issuance
of enforcement notices and the initiation of civil enforcement proceedings
pursuant to 53 P.S. § 10614 of the Pennsylvania Municipalities
Planning Code, as amended.
(g)
Keep records of applications, permits, certificates
issued, complaints received, inspections made, reports rendered and
notice or orders issued.
(h)
Make all required inspections and perform all
other duties as called for in this chapter.
(i)
Enforce all decisions and orders of the Zoning
Hearing Board.
(j)
Keep this chapter and Zoning Map up-to-date.
(2)
The Zoning Officer shall not have the power to permit
any construction, use or change of use which does not conform to this
chapter.
A.
Application.
(1)
Zoning Officer.
(a)
All applications for zoning/building permits
for permitted uses, for building and occupancy permits and for certificates
of nonconforming uses or structures shall be made directly to the
Zoning Officer.
(b)
The Zoning Officer shall review the application
for permit prior to the issuance of any zoning permit to determine
if all other necessary governmental permits such as those required
by state and federal law have been obtained, including those required
by 35 P.S. § 750.1 et seq., Act 537, the Pennsylvania Sewage
Facilities Act, 32 P.S. § 681 et seq., the Water Obstruction
Act of 1913, and the Federal Water Pollution Control Act Amendments
of 1972, Section 33, U.S.C. 1334. No permit shall be issued until
this determination has been made.
(c)
The Zoning Officer may submit a copy of any
plan and application to any appropriate agencies and/or individuals
(such as the Planning Commission or Township Engineer) for review
and comment.
(d)
After the Zoning Officer issues a zoning/building
permit, no changes of any kind shall be made to the application, permit
or any of the plans, specifications or other documents submitted with
the application without the written consent or approval of the Zoning
Officer.
(2)
All applications for special exception uses, variances
and for interpretation of any part or provision of this chapter shall
be made to the Zoning Hearing Board on forms which may be obtained
from the Zoning Officer.
(3)
All applications for conditional uses shall be made
to the Board of Supervisors on forms which may be obtained from the
Zoning Officer.
(4)
All applications for all permits shall be in writing
and shall include a plot plan drawn to scale showing the location
and dimensions of the lot area and of the proposed uses of buildings
and/or land. The Zoning Officer or the Zoning Hearing Board may require
any additional information which he deems necessary to properly evaluate
the application for the purpose of determining its conformity with
this chapter.
B.
Zoning/building permits. No person shall erect, alter
or convert any structure or building, nor alter the use of any land
or structure, until the Zoning Officer issues a zoning/building permit
to the person for said change or construction. No zoning/building
permit is required for normal maintenance and repairs. Zoning/building
permits shall be issued in at least triplicate. One copy shall be
kept conspicuously on the premises, and no person shall perform building
operations of any kind unless a zoning/building permit is being displayed
as required by this chapter.
(1)
Permitted-by-right uses. A zoning/building permit
for a permitted-by-right use shall be issued by the Zoning Officer
after the applicant has met all of the requirements of this chapter.
(2)
Special exceptions. A zoning/building permit for a
special exception shall be issued by the Zoning Officer only upon
the order of the Zoning Hearing Board.
(3)
Conditional uses. A zoning/building permit for a conditional
use shall be issued by the Zoning Officer only upon the order of the
Board of Supervisors.
C.
Occupancy permits.
(1)
Prior to the use, occupancy or reoccupancy of any
land or building, or for any change of use of any existing building
or for any change of use of land, an occupancy permit shall be secured
from the Township staff.
(2)
All applications for occupancy permits shall be in
writing on forms to be furnished by the Township staff.
(3)
The Zoning Officer shall grant or refuse the portions
of such application within his/her jurisdiction within 15 days after
being notified of the completion of authorized construction or alteration,
or (where no construction or alteration is involved) within 15 days
after receipt of such application.
(4)
A copy of the occupancy permit shall be kept upon
the premises, and shall be displayed upon request by any officer of
the Township.
D.
Other permits. The Township may require additional
permits specified in other related ordinances and laws.
E.
Certificate of nonconformity. The owner of the premises
occupied by a lawful nonconforming use or structure may secure a certificate
of nonconformity from the Zoning Officer. Said certification shall
serve as the required registration for all lawful nonconforming uses
or structures in the Township. The burden of proof shall be upon the
applicant to prove the lawfulness of the nonconformity.
All appeals which allege that the Zoning Officer has made an error shall be filed directly with the Secretary of the Zoning Hearing Board within 30 days of the Officer's determination, unless otherwise provided under state law. Such appeals shall conform to the requirements of § 240-56.
A.
The Township may, on its own motion or by petition,
amend, supplement, change, modify or repeal this chapter.
B.
Before voting on an amendment, the Board of Supervisors
of East Goshen Township shall hold a public hearing thereon, pursuant
to public notice. In addition, if the proposed amendment involves
a Zoning Map change, notice of said public hearing shall be conspicuously
posted by the Township at points deemed sufficient by the Township
along the perimeter of the tract to notify potentially interested
citizens. The affected tract shall be posted at least one week prior
to the date of the hearing. In addition to the requirement that notice
be posted, if the proposed amendment involves a Zoning Map change
which is not part of a comprehensive rezoning of the entire Township,
notice of the hearing shall be mailed by the Township at least 30
days prior to the date of the hearing by first class mail to the addresses
to which real estate tax bills are sent for all real property located
within the area being rezoned, as evidenced by tax records within
the possession of the Township. The notice shall include the location,
date and time of the public hearing. Notice of the Planning Commission
meeting(s) at which a Zoning Map change application will be discussed
and of the hearing shall be given to the applicant, the Zoning Officer,
the Planning Commission, the Board of Supervisors, property owners
within 1,000 feet of the subject property and any other persons or
group, including civic or community organizations who have made a
timely request for such notice by personally delivering or mailing
a copy of the published notice. The notice shall be mailed by the
Township at least 30 days prior to the date of the hearing by first
class mail to the addresses to which the real estate tax bills are
sent for all real property, as evidenced by tax records within the
possession of the Township. A good faith effort and substantial compliance
shall satisfy the requirements of this subsection. If the subject
property is within 1,000 feet of the Township boundary, the adjoining
municipality shall be notified.
[Amended 10-29-2002 by Ord. No. 129-Q-02; 9-19-2006 by Ord. No. 129-E-06]
C.
In the case of an amendment other than that prepared
by the Planning Commission, the Board of Supervisors shall submit
each such amendment to the Planning Commission an absolute minimum
of 30 days (60 days is recommended) prior to the hearing on such proposed
amendment to provide the Commission an opportunity to submit recommendations.
D.
The Board of Supervisors or Planning Commission shall
submit the proposed amendment to the County Planning Commission for
recommendations at least 30 days prior to the hearing on such proposed
amendment.
E.
If after any public hearing held upon an amendment
the proposed amendment is changed substantially, or is revised to
include land previously not affected by it, the Board of Supervisors
shall hold another public hearing, pursuant to public notice, before
proceeding to vote on the amendment.
F.
Each proposed amendment shall be accompanied by substantial
answers to the following questions:
(1)
Land use.
(a)
Is the proposed land use compatible with adjacent
land uses?
(b)
Is the proposed land use compatible with zoning
regulations in adjoining municipalities if the proposed use is located
on the Township's border?
(c)
Is the proposed land use one that is permitted
in other appropriately zoned area(s) in the Township?
(d)
Does the proposed land use conform with the
goals and recommendations in the Township Comprehensive Plan?
(2)
Land planning. Will the proposed land use, site planning,
landscaping and other land planning proposals enhance the visual and
aesthetic character of the immediate neighborhood?
(3)
Contributing influence.
(a)
How will the proposed land use affect the following
trends in the Township: (i.e., increased vacancy rates, seriously
endanger the economic viability of business, traffic impact, low density
to higher density use, water, sanitary sewer and utility service and
capacities, etc.)?
(b)
Is there adjacent vacant land whose potential
land use character would be significantly influenced by the proposed
land use?
(4)
Existing and anticipated need. Would the proposed
land use serve a real need that exists, or is expected to exist within
one year?
(5)
Natural environment. Can the proposed land use be
sited on the land with a minimum disruption to the natural environment?
(7)
Streets.
(a)
Are the existing streets able to accommodate
the increased traffic that the proposed land use will generate?
(b)
If not, are the existing streets programmed
for widening and improvement by the federal, state or Township government,
or are the streets proposed for widening and improvement by the developer
to accommodate the increased traffic?
(8)
Citizen opinion. What do the adjacent property owners
think about the proposed land use?
G.
Within 30 days of enactment, a copy of the amendment
to this chapter shall be forwarded to the County Planning Commission.
B.
Municipal curative amendment. The Township may utilize
the Municipal Curative Amendment process as authorized by 53 P.S.
§ 10609.2 et seq. of the Pennsylvania Municipalities Planning
Code. Such section, as amended, is hereby included in this chapter
by reference.
Whenever the Board of Supervisors changes the
zoning classification of any parcel of ground within the Township,
one year is permitted within which to obtain a zoning/building permit
and to commence actual construction. Should the construction fail
to commence within the stipulated period, the Board of Supervisors
shall have the right to change the zoning classification of the parcel
back to the classification which existed before the rezoning was executed.
In case of a curative amendment, the time limits specified in 53 P.S.
§ 10916(g) of the Pennsylvania Municipalities Planning Code
shall apply.[1]
[1]
Editor's Note: Former 53 P.S. § 10916
of the Pennsylvania Municipalities Planning Code was repealed 1988,
Dec. 21, P.L. 1329, No. 170. See now 53 P.S. § 10915.1.
All appeals for securing review of this chapter
or any decision, determination or order of the Board of Supervisors,
its agencies or officers issued pursuant to this chapter shall be
in conformance with Article X-A of 53 P.S. § 10101, the
Pennsylvania Municipalities Planning Code, as amended.
[Amended 7-21-2009 by Ord. No. 129-G-09]
The Board of Supervisors shall adopt, by resolution,
a schedule of fees and a collection procedure relating to all applications
filed pertaining to this chapter. No application shall be considered
filed until all fees are paid. All fees shall be paid upon billing
by the Township but no later than the 30th day from the date of billing.
When the 30th day from the date of billing falls on either a weekend
or a holiday on which the Township building is closed, payments that
are received before the close of business the next business day immediately
following the 30th day shall be deemed to be paid on time and no interest
shall be applied. If the fee is not paid within 30 days of the date
of billing, the Township shall charge and be entitled to collect interest
equal to 3/4 of 1% of the unpaid balance per month, or fraction thereof,
until paid.
A.
Enforcement notice.
(1)
If it appears to the Township that a violation of
any zoning ordinance enacted under the Pennsylvania Municipalities
Planning Code has occurred, the Township 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.
(2)
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.
(3)
An enforcement notice shall state at least the following:
(a)
The name of the owner of record and any other
person against whom the Township intends to take action.
(b)
The location of the property in violation.
(c)
The specific violation with a description of
the requirements which have not been met, citing in each instance
the applicable provisions of this chapter.
(d)
The date before which the steps for compliance
must be commenced and the date before which the steps must be completed.
(e)
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.
(f)
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.
(4)
In any appeal of an enforcement notice to the Zoning
Hearing Board, the Township shall have the responsibility of presenting
its evidence first.
(5)
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 Township if the Zoning Hearing Board, or any court in
a subsequent appeal, rules in the appealing party's favor.
B.
Causes of action.
(1)
In the case that any building, structure, landscaping
or land is or is proposed to be erected, constructed, reconstructed,
altered, converted, maintained or used in violation of any ordinance
enacted under this chapter or prior enabling laws, the Board of Supervisors
or, with the approval of the Board of Supervisors, the Zoning Officer
or other duly authorized officer of the Township, 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.
(2)
When any such action is instituted by a landowner
or tenant, notice of that action shall be served upon the Township
at least 30 days prior to the time the action is begun by serving
a copy of the complaint on the Board of Supervisors. No such action
may be maintained until such notice has been given.
C.
Enforcement remedies.
(1)
Any person, partnership or corporation who or which
has violated or permitted the violation of the provisions of any zoning
ordinance enacted under this chapter or prior enabling laws shall,
upon being found liable therefore in a civil enforcement proceeding
commenced by a municipality, pay a judgment of not more than $500,
plus all court costs, including reasonable attorney fees incurred
by 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 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.
(2)
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 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 District Justice and thereafter each day that a violation continues
shall constitute a separate violation.
(3)
All judgments, costs and reasonable attorney fees
collected for the violation of this chapter shall be paid over to
the Township.
