A.
The purpose and objective of the provisions established under Article XIII of this chapter is to establish specific regulations and guidelines for the administration and enforcement of this chapter of the Code.
B.
Where a conflict or discrepancy should arise concerning
the procedural requirements specified within the chapter of the Code
and the Pennsylvania Municipalities Planning Code, the Caln Township
Solicitor shall review the conflict or discrepancy and advise the
Board of Commissioners, Planning Commission, Zoning Officer, Engineer
and/or Zoning Hearing Board of the procedural requirements that should
be followed.
C.
The provisions established for administration and enforcement, as established under Article XIII of this chapter, shall be subject to the interpretation of the Caln Township Zoning Officer. Should a dispute arise concerning the interpretation of these regulations, the person aggrieved by the interpretation may file an appeal with the Zoning Hearing Board.
A.
The following general requirements shall apply to
zoning permits, building permits and certificates of occupancy as
reviewed and issued by the Zoning Officer:
(1)
Persons desiring to undertake any new construction,
structural or site alteration or changes in the use of a building
or lot shall apply to the Caln Township Zoning Officer for a permit
by filling out the appropriate application form and by submitting
the required fee.
(2)
The Zoning Officer shall either issue the appropriate
permit or shall refuse the permit, indicating in writing the reason
for refusal. Certain construction activities, alterations or land
use activities may require approval of the Board of Commissioners,
Planning Commission and/or Zoning Hearing Board.
(3)
If the permit is refused by the Zoning Officer, the
applicant may appeal to the Zoning Hearing Board for further consideration.
(4)
After the permit has been received by the applicant,
he may undertake the action that is specifically referenced on the
approved permit application.
(5)
Upon completion of such action, the applicant may
apply to the Zoning Officer for an occupancy permit (where such a
permit is required).
(6)
If the Zoning Officer finds that the action of the
applicant is in accordance with the zoning permit, building permit
and any other required permit approvals, the Zoning Officer shall
issue an occupancy permit allowing the premises to be occupied.
B.
The following specific provision shall apply to an
application for a zoning permit and/or building permit within Caln
Township:
(1)
No person shall erect, alter, convert, move or add
to any building, structure or sign, or alter the use of any land or
structure, until the Zoning Officer issues a zoning permit and/or
building permit to the person or applicant for said change or construction.
(2)
Unless otherwise specified by the Code, a zoning permit
and/or building permit is not required for normal maintenance and
repairs.
(3)
The following provisions shall apply to the types
of procedural requirements for a use permitted by right, special exception
or conditional use:
(a)
A zoning permit and/or building permit may be
issued by the Zoning Officer for all uses permitted by right, subject
to the provisions and requirements of the Code.
(b)
A zoning permit and/or building permit may be
issued by the Zoning Officer for all uses permitted as part of a zoning
variance application which has been approved by the Zoning Hearing
Board and subject to the provisions and requirements of the Code.
(c)
A zoning permit and/or building permit may be
issued by the Zoning Officer for all uses permitted as part of a special
exception application which has been approved by the Zoning Hearing
Board and subject to the provisions and requirements of the Code.
(d)
A zoning permit and/or building permit may be
issued by the Zoning Officer for all uses permitted as part of a conditional
use application which has been approved by the Board of Commissioners
and subject to the provisions and requirements of the Code.
(4)
All applications for a zoning permit and/or building
permit shall be made in writing to the Zoning Officer and shall be
accompanied by three complete sets of plans accurately drawn to scale
indicating or illustrating the following information if applicable:
(a)
The actual dimensions and shape of the lot to
be built upon, as prepared by a licensed surveyor or engineer.
(b)
The exact size and location on the lot of buildings,
structures or signs existing and/or proposed extensions thereto prepared
by a licensed surveyor or engineer.
(c)
The number of lots or dwelling units.
(d)
Off-street parking spaces provided and/or loading
facilities.
(e)
Statement indicating the existing or proposed
use.
(f)
The detailed scale drawing of the structure,
building, sign or other improvement, including the precise dimensions.
(g)
A written agreement that the applicant is the
owner of the premises on which the improvement will be conducted or
that the applicant has obtained the consent of the owner or lessee
of such premises to improve the property in accordance with the permit
application.
(h)
All other information necessary for such Zoning
Officer to determine conformance with and provide for enforcement
of this chapter.
(5)
Upon approval or disapproval of the zoning permit
and/or building permit, the Zoning Officer shall return one copy of
the permit application and plans to the applicant. The Zoning Officer
shall indicate that the permit has been approved or disapproved by
signing the application. Where appropriate, condition of approval
should be specified on the zoning permit and/or building permit application.
One copy of such plans shall be retained by the Zoning Officer for
his permanent records and one copy shall be retained by Caln Township.
(6)
Approval or denial of the requested zoning permit
application or building permit application shall be made within 30
days from the date the application was considered complete by the
Zoning Officer. In denying a zoning permit application or building
permit application, the Zoning Officer shall inform the applicant
of the reasons for denial and specify the provision(s) of the Code
which has not been satisfied. Applicants shall be informed of their
rights of appeal and provided with all necessary information to pursue
such appeals.
(7)
Zoning permits and/or building permits shall expire
within one year from date of issuance if the work described in any
permit has not begun. If the work described in any zoning permit and/or
building permit has begun, said permit shall expire after one year,
exclusive of any time required for administration and permitting,
from date of issuance thereof, within which time said work shall be
completed.
C.
The following specific provision shall apply to an
application for a certificate of use and occupancy within Caln Township:
(1)
A certificate of use and occupancy shall be required
upon the completion of the work and improvements authorized as part
of the zoning permit and/or building permit. It shall be unlawful
to use and/or occupy any structure, building and/or portions thereof
in any manner until a certificate of use and occupancy has been issued
by the Zoning Officer.
(2)
The application for certificate of use and occupancy
shall be submitted on such form as the Zoning Officer may prescribe.
(3)
The Zoning Officer shall inspect any structure, building,
sign, improvements and/or land or portions thereof to determine compliance
with the Code and permit requirements. If satisfied that the completed
work is in conformity with the Code and permit requirements, a certificate
of use and occupancy shall be issued.
(4)
Upon inspection, the Zoning Officer shall either grant
or deny the certificate of use and occupancy, in writing, within 15
from the date of application or last inspection.
(5)
In situations in which performance standards are imposed,
no certificate of occupancy shall become permanent until 30 days after
the use or facility is fully operating and only after, upon inspection
by the Zoning Officer, it is determined that the facility is in compliance
with the performance standards. After said inspection, the Zoning
Officer shall notify the applicant that the facility is in full compliance
with all performance standards and that the certificate of use and
occupancy is permanent or that the facility does not comply and that
the certificate of use and occupancy is still temporary. In no case
shall a temporary certificate of use and occupancy extend 90 days
past the date of first inspection.
(6)
The certificate of use and occupancy shall be kept
on the premises and shall be publicly displayed in a manner required
by the Caln Township Code.
D.
The following specific provisions shall apply to an
application for a special use permit, seasonal permits and/or temporary
permit within Caln Township:
(1)
Where a special use, seasonal use or a temporary use
are permitted by the Code, the Zoning Officer may issue a special
use permit or a temporary use permit to the applicant.
(2)
A special use permit may be issued by the Zoning Officer for a use having a periodic, intermittent or short duration of time, not exceeding the time frames established below. Such uses shall include the following events: carnivals; circuses; bazaars; fairs; municipal and civic events; sale of Christmas trees, holiday flowers, and pumpkins; car sales; car shows; and car washes. Such use must be conducted on a property capable of meeting the requirements of § 155-166D(4) below, and a portion of the proceeds raised from the event must be contributed towards a nonprofit entity or a charitable organization or cause.
[Amended 3-8-2007 by Ord. No. 2007-3]
(a)
The approved list of special uses shall be permitted
in the TV-1, C-1, C-2 and I-1 Zoning Districts for the time frames
established below regardless of the uses allowed by the specific zoning
district. The sale of fireworks and furniture/household-related items
such as carpets and oriental rugs shall be prohibited.
|
Use
|
Number of Days
|
|---|---|
|
Carnivals, circuses, bazaars, fairs, municipal
and civic events
|
14
|
|
Christmas tree, holiday flowers and pumpkin
sales
|
30
|
|
Car sales
|
10
|
|
Car shows and car washes
|
2
|
(b)
The Board of Commissioners may approve a special
use permit for an event which is conducted in a residentially zoned
district upon such terms and conditions as the Board determines are
appropriate.
(3)
A seasonal or temporary use permit may be issued for
a use having a short time period which shall not exceed 90 consecutive
or cumulative days within a calendar year. The seasonal or temporary
use shall be a permitted use specified by the Code or within the zoning
district to which the use is located.
(4)
Prior to the issuance of a special use permit, the
applicant shall submit a sketch plan of the property where the event
is proposed to be held which identifies the following:
[Added 8-10-2006 by Ord. No. 2006-9]
(a)
The location of all means of ingress and egress
to the property;
(b)
The number and location of parking spaces on
the property that the property owner reasonably anticipates will be
blocked off or used for parking by participants at the event; and
(c)
The size, location and number of temporary signs
which shall be erected for the special event.
(5)
The Zoning Officer shall not issue a special use permit
if he finds that as a result of the event any of the following conditions
will occur:
[Added 8-10-2006 by Ord. No. 2006-9]
(a)
Any means of access to the property will be
blocked so as to prevent safe ingress and egress to the property;
(b)
The event would limit safe and efficient traffic
circulation throughout the property;
(c)
Emergency vehicles would not have the ability
to safely enter and maneuver on the property;
(d)
The minimum number of off-street parking spaces
needed to serve the principal use on the property, as specified in
this chapter, are not available during the event; and
(e)
Vehicles parked at the event block the minimum
clear site triangle which is required.
E.
The owner of the premises occupied by a lawful nonconforming
use or structure may secure a certificate of nonconforming use or
structure from the Zoning Officer. Such certificate shall be authorized
by the Zoning Officer and shall certify to the owner his right to
continue such nonconforming use or structure.
F.
Pursuant to the provisions of the Caln Township Code,
additional permits may be required by local, regional, county, state
and federal agencies which shall be issued prior to the commencement
of any improvement or site activities.
A.
The provisions of this chapter of the Code shall be
enforced by an agent, to be appointed by the Board of Commissioners,
who shall be known as the "Zoning Officer." The Zoning Officer shall
not hold any elective office and shall continue to serve Caln Township
until such time as the Board of Commissioners declares otherwise.
B.
The Zoning Officer is responsible to enforce the provisions
of this chapter of the Code and shall have such duties and powers
as are referenced by this chapter. The Zoning Officer's duties shall
include, but are not limited to the following:
(1)
Receive, examine and process permit applications for
zoning, land use, buildings and signs.
(2)
To issue permits for the construction, alteration,
repair, extension, replacement, occupancy and uses of land which are
in accordance with the regulations of this chapter of the Code.
(3)
To record and file all applications for permits and
accompanying plans and documents and keep them for public record.
(4)
To inspect nonconforming uses, buildings and lots
of records by examining them periodically, with the view of eliminating
the nonconforming uses under the existing laws and regulations and
to issue certificates of occupancy for them.
(5)
Upon the request of the Board of Commissioners, Planning
Commission 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 decisions.
(6)
To be responsible for periodic updates to this chapter
and the Zoning Map, which is filed with the Caln Township Manager
or Secretary, and to include any amendments thereto.
(7)
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 action taken consequent to each such complaint.
(8)
Issue permits for uses permitted by right, variance,
special exception or conditional use, as specified within this chapter
of the Code.
(9)
Perform all other duties as may be required for the
administration of this chapter of the Code.
C.
Any person, partnership or corporation who or which
shall violate the provisions of this chapter shall be held accountable
for their actions in accordance with the provisions specified by the
Caln Township Code.
D.
Should a dispute arise concerning the interpretation
of this Code by the Zoning Officer, the person aggrieved by the interpretation
may file an appeal with the Zoning Hearing Board.
A.
The Caln Township Board of Commissioners shall appoint
five residents to serve as members of the Zoning Hearing Board in
accordance with the provisions of the Caln Township Code and Pennsylvania
Municipalities Planning Code.
[Amended 3-12-2020 by Ord. No. 2020-02]
B.
The following provisions shall apply to the establishment
of the Caln Township Zoning Hearing Board:
(1)
The members of the Zoning Hearing Board shall serve
three-year terms and shall be so fixed that the term of office of
one member shall expire each year.
(2)
The Zoning Hearing Board shall promptly notify the
Board of Commissioners of any vacancies which may occur. Appointments
to fill vacancies shall be only for the unexpired portion of the term.
(3)
The members of the Zoning Hearing Board shall hold
no other office within Caln Township.
(4)
Any member of the Zoning Hearing Board may be removed
for malfeasance, misfeasance or nonfeasance in office or for other
just cause by a majority vote of the Board of Commissioners taken
after the member has received 15 days of advance notice of the intent
to take such a vote. A hearing shall be held in connection with the
vote if the member shall request it in writing.
(5)
The Board of Commissioners may appoint by resolution
at least one but no more than three residents to serve as alternate
members of the Zoning Hearing Board.
[Amended 3-12-2020 by Ord. No. 2020-02]
C.
The following provisions shall apply to the organization
of the Caln Township Zoning Hearing Board:
(1)
The Zoning Hearing Board shall elect from its own
membership its officers, who shall serve annual terms as such and
may succeed themselves.
(2)
For the conduct of any hearing and the taking of any
action, a quorum shall be not less than a majority of all members
of the Board, but where two members are disqualified to act in a particular
matter, the remaining member may act for the Zoning Hearing Board.
(3)
The Zoning Hearing Board may appoint a hearing officer
from its own membership to conduct any hearing on its behalf, and
the parties may waive further action by the Zoning Hearing Board,
as provided within the Caln Township Code.
(4)
The Zoning Hearing Board may appoint a solicitor or
attorney to oversee the procedures of the hearing in accordance with
the provisions of the Caln Township Code.
(5)
The Zoning Hearing Board may make, alter and rescind
rules and forms for its procedure consistent with the Caln Township
Code and laws of the Commonwealth of Pennsylvania.
(6)
If requested by the Board of Commissioners, the Zoning
Hearing Board shall submit an annual report of its activities to the
Board of Commissioners.
D.
The following provisions shall apply to expenditures
and fees for the Caln Township Zoning Hearing Board:
(1)
The members of the Zoning Hearing Board may receive
compensation for the performance of their duties and services, which
shall be established by the Board of Commissioners.
(2)
Within the limits of funds appropriated by the Board
of Commissioners, the Zoning Hearing Board may employ or contract
for secretaries, clerks, legal counsel, consultants and other technical
and clerical services.
(3)
The applicant before the Zoning Hearing Board shall
deposit with the designated secretary or treasurer of Caln Township
such a sum of money as shall be deemed sufficient by the Zoning Hearing
Board and established in a resolution to pay the cost of the expenses
for the hearing. These costs may include compensation for the members
of the Zoning Hearing Board, the secretary, clerk, legal counsel,
consultants, the notice and advertising costs and all other necessary
administrative overhead associated with conducting the hearing.
(4)
Funds deposited in excess of the actual cost of the
requested hearing shall be returned to the applicant upon completion
of the proceedings, and, in the event that the cost of the hearing
exceeded the funds deposited, the applicant shall pay to the designated
secretary or treasurer of Caln Township the appropriate funds equal
to such excess cost.
E.
The following provision shall apply to the general
functions of the Caln Township Zoning Hearing Board:
(1)
The Zoning Hearing Board shall act in strict accordance
with the procedures specified within the Caln Township Code and the
Pennsylvania Municipalities Planning Code.
(2)
The Zoning Hearing Board shall consider applications
for variances, special exceptions, appeals concerning the interpretation
of this Code by the Zoning Officer and other duties that are specified
by the Caln Township Code.
(3)
All appeals and applications made to the Zoning Hearing
Board shall be in writing, on forms prescribed by the Board of Commissioners
or Zoning Hearing Board.
(4)
Every appeal or application shall refer to the specific
provision of this chapter involved and shall exactly set forth the
interpretation that is claimed, the grounds for any challenges to
validity of this chapter, the use for which a special exception is
sought or the details of the variance that is applied for and the
grounds on which it is claimed that the variance should be granted,
as the case may be.
F.
In all cases before the Zoning Hearing Board, the
Board of Commissioners, Planning Commission and Zoning Officer may
review and comment on the application prior to rendering a decision.
A.
The first hearing shall be commenced within 60 days
from the date of the applicant's request, unless the applicant has
agreed, in writing, to an extension of time. Each subsequent hearing
before the Zoning Hearing Board shall be held within 45 days of the
prior hearing unless otherwise agreed to by the applicant in writing
or on the record. An applicant shall complete the presentation of
his case in chief (the part of the hearing in which the applicant
presents evidence to support his or her claim or defense) within 100
days of the first hearing. Upon the request of the applicant, the
Zoning Hearing Board shall assure that the applicant receives at least
seven hours of hearings within the 100 days, including the first hearing.
Persons opposed to the application shall complete the presentation
of their opposition to the application within 100 days of the first
hearing, held after the completion of the applicant's case in chief.
An applicant may, upon request, be granted additional hearings to
complete his case in chief, provided the persons opposed to the application
are granted an equal number of additional hearings. Persons opposed
to the application may, upon the written consent, on the record by
the applicant and Caln Township, be granted additional hearings to
complete their opposition to the application, provided the applicant
is granted an equal number of hearings for rebuttal.
B.
The Caln Township Zoning Hearing Board shall give
notice of the public hearing in accordance with as follows:
(1)
By publishing a notice once each week for two successive
weeks in a newspaper of general circulation within Caln Township.
Such notice shall state the time and place of the public hearing and
the particular nature of the matter to be considered at the hearing.
The first publication shall be not more than 30 days and the second
publication shall be not less than seven days from the date of the
hearing.
(2)
By mailing a notice thereof to the parties of interest
at least 14 days prior to the public hearing.
(3)
By mailing or issuing a notice to the Caln Township
Manager, Zoning Officer, Secretary, Board of Commissioners, Planning
Commission, Chester County Planning Commission (if requested) and
to every person or organization who or which shall have registered
with the Zoning Hearing Board for the purpose of receiving such notices.
(4)
The Zoning Hearing Board or Zoning Officer may mail
notice of the hearing to the owner of every lot on the same within
500 feet of the lot or building in question, provided that failure
to give notice, either in part or in full, as stated by this subsection
shall not invalidate any action by the Zoning Hearing Board.
(5)
The required notices by this section shall state the
location of the lot or building that is the subject of the application,
as well as the general nature of the request(s) being made by the
applicant(s).
(6)
The Board of Commissioners may establish reasonable
fees to be paid by the applicant in accordance with the provisions
of the Caln Township Code.
C.
The Zoning Hearing Board shall conduct the hearings
or the Zoning Hearing Board may appoint any member as a hearing officer.
The decision or, where no decision is called for, the findings shall
be made by the Board, but the parties may waive decision of findings
by the Board and accept the decision or findings of the hearing officer
as final.
D.
The parties to the hearing shall be Caln Township,
any person affected by the application who has made timely appearance
or record before the Zoning Hearing Board and any other person, including
civic or community organizations permitted to appear by the Zoning
Hearing Board. The Zoning Hearing Board shall have power to require
that all persons who wish to be considered parties enter appearances,
in writing, on forms provided by the Board for that purpose.
E.
The Chairman or acting Chairman of the Zoning Hearing
Board or the hearing officer presiding shall have power to administer
oaths and issue subpoenas to compel the attendance of witnesses and
documents requested by the parties.
F.
The parties shall have the right to be represented
by counsel and shall be afforded the opportunity to respond and present
evidence and argument and cross-examine adverse witnesses on all relevant
issues.
G.
Formal rules of evidence shall not apply, but irrelevant,
immaterial or unduly repetitious evidence may be excluded.
H.
The Zoning Hearing Board or the hearing officer, as
the case may be, shall keep a stenographic record of the proceedings,
and a transcript of the proceedings and copies of graphic or written
material received in evidence shall be made available to any party
at cost.
I.
The Zoning Hearing Board or the hearing officer shall
not communicate, directly or indirectly, with any party or his representatives
in connection with any issue involved except upon notice and opportunity
for all parties to participate, shall not take notice of any communications,
reports, staff memoranda or other material so noticed and shall not
inspect the site or its surroundings after the commencement of hearings
with any party or his representative unless all parties are given
an opportunity to be present.
J.
The Zoning Hearing Board or the hearing officer, as
the case may be, shall render a written decision or, when no decision
is called for, make written findings on the application within 45
days after the last hearing before the Zoning Hearing Board or hearing
officer. Each decision shall be accompanied by findings of fact and
conclusions based thereon, together with the reasons therefore. Conclusions
based on any provisions of this chapter or of any act, rule or regulation
shall contain a reference to the provision relied on and the reasons
why the conclusion is deemed appropriate in the light of the facts
found. If the hearing is conducted by a hearing officer and there
has been no stipulation that his decision or findings are final, the
Zoning Hearing Board shall make his report and recommendations available
to the parties, and the parties shall be entitled to make written
representations thereon to the Zoning Hearing Board prior to final
decision or entry of findings, and the Zoning Hearing Board's decision
shall be entered no later than 45 days after the decision of the hearing
officer. Where the Zoning Hearing Board has power to render a decision
and the Zoning Hearing Board or the hearing officer, as the case may
be, fails to commence, conduct or complete the required hearing as
required by this chapter of the Code, the decision shall be deemed
to have been rendered in favor of the applicant unless the applicant
has agreed in writing or on the record to an extension of time. Nothing
in this subsection shall prejudice the right of any party opposing
the application to urge that such decision is erroneous.
K.
A copy of the final decision or, where no decision
is called for, of the findings shall be delivered to the applicant
personally or mailed to him by certified mail not later than the day
following its date. To all other persons who have filed their names
and addresses with the Board no later than the last day of the hearing,
the Zoning Hearing Board shall provide by mail or otherwise brief
notice of the decision or findings and a statement of the place at
which the full decision or findings may be examined.
A.
The Zoning Hearing Board shall hear requests for zoning
variance applications, whereas it is alleged that the provisions of
this chapter inflict unnecessary hardship upon the applicant. The
zoning variance application shall be considered by the Zoning Hearing
Board in accordance with the provisions specified by this chapter
of the Code.
B.
In granting any variance, the Zoning Hearing Board
may attach such reasonable conditions and safeguards as it may deem
necessary to implement the purposes of this chapter and the Pennsylvania
Municipalities Planning Code. The Zoning Hearing Board may, by rule,
prescribe the form of application and may require a preliminary application
to be issued and reviewed by the Zoning Officer.
C.
In all cases before the Zoning Hearing Board, the
Board of Commissioners, Planning Commission and Zoning Officer may
review and comment on the zoning variance application prior to rendering
a decision.
D.
The Zoning Hearing Board may grant a variance provided
that all the following findings are made where relevant in a given
case:
(1)
That there are unique physical circumstances or conditions,
including irregularity, narrowness or shallowness of lot size or shape,
or exceptional topographical or other physical conditions peculiar
to the particular property, and that the unnecessary hardship is due
to such condition, and not circumstances or conditions generally created
by the provisions of this chapter in the neighborhood or district
in which the property is located.
(2)
That because of such physical circumstances or conditions,
there is no possibility that the property can be developed in strict
conformity with the provisions of this chapter and that the authorization
of a variance is therefore necessary to enable the reasonable use
of the property.
(3)
That such unnecessary hardship has not been created
by the appellant.
(4)
That the variance, if authorized, will not alter the
essential character of the neighborhood or district in which the property
is located, nor substantially or permanently impair the appropriate
use or development of adjacent property, nor be detrimental to the
public welfare.
(5)
That the variance as granted by the Zoning Hearing
Board is the minimum variance that will afford relief and will represent
the least modification possible of the regulation in issue.
E.
Where the Zoning Hearing Board has jurisdiction over
other zoning matters described under this chapter of the Code, the
Zoning Hearing Board shall also hear all appeals which an applicant
may elect to bring before it with respect to any municipal ordinance
or requirement pertaining to the same lot, parcel, property or development.
In any such case, the Zoning Hearing Board shall have no power to
pass upon the nonzoning related issues but shall take evidence and
make a record in accordance with the procedures established by this
chapter of the Code. At the conclusion of the hearing, the Zoning
Hearing Board shall make findings on all relevant issues of fact,
which shall become part of the record on appeal to the court.
F.
The approval of a variance, if authorized by the Zoning
Hearing Board, which anticipates construction or modification of a
structure, creation of new or revised lot lines or dimensional standards
for a property or structure situated thereon, shall be valid and remain
in effect for a term of one year from the date of said approval and
shall thereafter expire and be void unless said construction, modification,
new or revised lot lines or dimensional standards or change of use
or occupancy be initiated within said one-year term or said term is
expressly extended as part of the initial approval. In the event that
the activity anticipated by the variance should not be initiated within
one year of the approval or such additional term as may be expressed
in the approval, or should the activity which is the subject of the
variance be discontinued, the premises or structure or structure situated
thereon shall not thereafter be used except in conformity with the
regulations of the district in which it is located.
G.
For zoning variance applications where compliance
with the minimum dimensional requirements and/or maximum coverage
requirements of this chapter of the Code are considered to be "de
minimis" in terms of their impact, the Zoning Hearing Board may consider
such application in accordance with state law.
A.
The Zoning Hearing Board shall hear requests for special
exception applications, as permitted under the provisions of this
chapter of the Code. By so providing, the Zoning Hearing Board recognizes
that certain uses may or may not be appropriate at every location
within any specific district and, where it appears that a use permitted
by special exception fails to comply with all of the definitional
aspects thereof or would be contrary to the public health, safety,
morals and/or welfare of the community at specific locations within
a district, that the use would not be permitted there.
B.
In granting any special exception, the Zoning Hearing
Board may attach such reasonable conditions and safeguards as it may
deem necessary to implement the purposes of this chapter and the Pennsylvania
Municipalities Planning Code, as amended. The Zoning Hearing Board
may, by rule, prescribe the form of application and may require a
preliminary application to be issued and reviewed by the Zoning Officer.
C.
As part of the submission requirements for a special exception application, a preliminary subdivision plan or preliminary land development plan shall be prepared and submitted to Caln Township for review and consideration in accordance with the procedures and requirements specified by Chapters 137 and 155 of the Caln Township Code.
D.
The Zoning Hearing Board shall consider the comments
issued by the Caln Township Board of Commissioners, Planning Commission,
Engineer, Zoning Officer and/or other agencies that could assist the
Zoning Hearing Board with the special exception application. All such
comments shall be made either in writing and presented as evidence
during the hearing or as part of sworn testimony at the public hearing.
E.
The Zoning Hearing Board shall consider the following
issues prior to rendering its decision on a special exception application:
(1)
That such use is consistent with the Caln Township
Comprehensive Plan.
(2)
That such use shall be one which is specifically authorized
as a special exception use within the zoning district wherein the
applicant seeks a special exception.
(3)
That the property is suitable for the use desired
and that the proposed request is consistent with the goals, objectives
and policies established within this chapter of the Code.
(4)
That such special exception shall only be granted
subject to any applicable condition and safeguards as required by
this chapter of the Code.
(5)
That such use shall not adversely affect the general
character of the neighborhood and/or property values of the adjacent
uses.
(6)
That such use shall not adversely affect the health,
safety and/or welfare of residents or property owners within the general
neighborhood.
(7)
That there will be no adverse effect of the proposed
special exception upon the logical, efficient and economical extension
of public facilities and services, including public water, sanitary
sewers, streets, police and fire protection, public schools and all
other similar facilities and services that are considered appropriate
by the Zoning Hearing Board.
(8)
That any unique circumstances for which the special
exception is sought were neither created by the owner of the property
nor were due to, or the result of, general conditions within the zoning
district in which the property is located.
(9)
That the proposed location of any residential or nonresidential
use is suitable with respect to probable effects upon highway traffic
and assures adequate access arrangements in order to protect major
streets and highways from undue congestion and hazard.
(10)
The adequacy of sanitation and public safety
provisions, where applicable, and he shall provide a certificate of
adequacy of sewage and water facilities from a governmental health
agency in such case required herein or deemed advisable.
(11)
The Board may impose such conditions, in addition
to those required, as are necessary to assure that the intent of the
Zoning 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 and adequate standards of parking
and sanitation.
F.
The approval of a special exception, if authorized
by the Zoning Hearing Board, which anticipates construction or modification
of a structure, creation of new or revised lot lines or dimensional
standards for a property or structure situated thereon, shall be valid
and remain in effect for a term of one year from the date of said
approval and shall thereafter expire and be void unless said construction,
modification, new or revised lot lines or dimensional standards or
change of use or occupancy be initiated within said one-year term
or said term is expressly extended as part of the initial approval.
In the event that the activity anticipated by the special exception
should not be initiated within one year of the approval or such additional
term as may be expressed in the approval or should the activity which
is the subject of the special exception be discontinued, the premises
or structure or structure situated thereon shall not thereafter be
used except in conformity with the regulations of the district in
which it is located.
A.
The Board of Commissioners shall hear requests for
conditional use applications, as permitted under the provisions of
this chapter of the Code. By so providing, the Board of Commissioners
recognize that certain uses may or may not be appropriate at every
location within any specific district and, where it appears that a
conditional use fails to comply with all of the definitional aspects
thereof or would be contrary to the public health, safety, morals
and/or welfare of the community at specific locations within a district,
that the use would not be permitted there.
B.
In granting any conditional use, the Board of Commissioners
may attach such reasonable conditions and safeguards as it may deem
necessary to implement the purposes of this chapter and the Pennsylvania
Municipalities Planning Code.
C.
As part of the submission requirements for a conditional use application, a preliminary subdivision plan or preliminary land development plan shall be prepared and submitted to Caln Township for review and consideration in accordance with the procedures and requirements specified by Chapters 137 and 155 of the Caln Township Code.
D.
Prior to the commencement of the conditional use hearing
or during the proceedings of the conditional use hearing, the Board
of Commissioners shall consider the comments of the Caln Township
Planning Commission, Zoning Officer, Engineer, the appointed professional
consultants and/or other agencies that could assist the Board of Commissioners
with the merits of the conditional use application. All such comments
shall be made either in writing and presented as evidence during the
hearing or as part of sworn testimony at the conditional use hearing.
E.
All of the standards for conditional uses hereinafter
set forth shall, where relevant, apply to all conditional uses within
Caln Township and are deemed definitional in character so that the
failure to comply with any standards shall be deemed a failure to
bring the applicant within that definitional aspect for which a conditional
use may be granted; or, in the discretion of the Board of Commissioners,
such failure to comply with the standards may be deemed a basis for
the impositions of appropriate conditions to such grant. It is further
the intention of the Board of Commissioners that the standards hereinafter
described shall be deemed additional standards and shall in no way
impair any other applicable standard described elsewhere in this chapter.
Where there is a conflict between the standards set forth in this
article and other standards elsewhere established by this chapter
or other applicable ordinances, it is intended that the more stringent
thereof shall apply, and it is not the intent of this article to abrogate
or impair any other such standards or requirements.
F.
The Board of Commissioners shall consider the following
general issues and site requirements prior to rendering its decision
on a conditional use application:
(1)
That such use is consistent with the Caln Township
Comprehensive Plan.
(2)
That the property is suitable for the use desired
and that the proposed request is consistent with the goals, objectives
and policies established within this chapter of the Code.
(3)
The minimum and maximum dimensional requirements for
the proposed use within the appropriate zoning district shall be held
in compliance by the applicant.
(4)
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, morals and/or
public welfare.
(5)
The applicant shall provide evidence with supporting
documentation that the capacity of the road system providing access
to the property or lot in question has sufficient capacity to accommodate
the use and that when the incremental increase in traffic attributable
to the proposed use is superimposed upon the existing use of the road
shall not lower the level of service of the roads or any portions
thereof or any street intersections below a level of service "C."
(6)
The applicant shall provide evidence with supporting
documentation that the interior traffic circulation for the proposed
use at the proposed location, including but not limited to acceleration
and deceleration lanes where required at the proposed entrances to
the location, shall be adequate to provide 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.
(7)
The applicant shall provide evidence with supporting
documentation the facility or use 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.
(8)
The applicant shall provide evidence with supporting
documentation that adequate screening and buffering is provided between
the lands in question and surrounding residential uses and residentially
zoned districts to screen the facility from view and preclude any
glare from lighting or noise from being ascertainable beyond the boundaries
of the property.
(9)
The applicant shall provide evidence with supporting
documentation that the local fire departments have the abilities to
provide adequate fire protection and emergency management services
for the proposed use.
(10)
The applicant shall provide evidence with supporting
documentation that adequate water storage is available within the
region for fire-fighting purposes, which shall include but not be
limited to pumping at all hours, at a minimum of 25 pounds per square
inch (psi) pressure, without impairing the uses of the water supply
for ordinary purposes on the premises and shall be in compliance with
all applicable governmental regulations.
(11)
Where, in the opinion of the Board of Commissioners,
the use or facility may require supervision and protection, the applicant
shall provide evidence with supporting documentation that additional
security measures will be accounted for by the owner or site manager
so the facility or use does not create a continuous burden on the
emergency management services and providers.
(12)
The applicant shall provide evidence with supporting
documentation that the existing or proposed sanitary sewage disposal
facilities have sufficient capacity for the proposed use. Where on-lot
sewage disposal methods are permitted, the applicant shall consult
with the Caln Township Sewage Enforcement Officer to determine if
on-lot sewage disposal is a viable option considering the proposed
use, wastewater flow and site characteristics.
(13)
The applicant shall provide evidence with supporting
documentation that the existing or proposed municipal water supply
facilities have sufficient capacity for the proposed use. Where water
supply methods are permitted, the applicant shall consult with a qualified
hydrogeologist to determine if on-lot water supply is a viable option
considering the proposed use, groundwater supply and site characteristics.
G.
The following provisions shall apply for the public
hearing procedures and administrative requirements for all conditional
use applications within Caln Township:
(1)
The Board of Commissioners shall schedule and hold
a public hearing on the application pursuant to public notice within
60 days from the date of the applicant's request for a hearing. The
request for a hearing shall be accompanied by a completed application
on required form. The date for the scheduling of the first hearing
may be extended by the applicant on the record or in writing addressed
to the Board of Commissioners, in which event the date agreed upon
by the applicant shall be considered timely for purposes of this subsection.
(2)
The applicant shall provide written notification of
the filing of an application for conditional use to all property owners
within 500 feet of the subject property as follows:
(a)
The 500 feet shall be measured at a right angle
from all points on every property line.
(b)
The names and addresses of the adjacent property
owners shall be obtained from records of the Chester County Tax Assessment
Office.
(c)
The notification shall be sent by regular first-class
mail, postage prepaid, a minimum of 14 days prior to the first scheduled
public hearing of the Township Board of Commissioners. At the hearing,
the applicant shall provide a copy of the actual notice mailed and
a list of those names and addresses to which the notice was sent.
(d)
At a minimum, the written notice shall contain
the street address of the parcel, a general description of what is
proposed by the applicant, the time, date and location of the hearing
where the application will be considered, and shall inform the property
owner that only one notice will be provided and that he or she is
not required to attend but may attend if interested.
(3)
As part of the conditional use hearing, the Board
of Commissioners shall consider those comments issued by the Caln
Township Planning Commission, Zoning Officer, Engineer, the appointed
professional consultants and all other agencies providing comments,
as may be authorized by the Caln Township Code and the Pennsylvania
Municipalities Planning Code.
(4)
The Board of Commissioners shall conduct the hearing
or the Board of Commissioners may appoint any member or an independent
attorney as a hearing officer. The decision, or, where no decision
is called for, the findings shall be made by the Board of Commissioners.
However, the appellant or the applicant, as the case may be, in addition
to Caln Township, may, prior to the decision of the hearing, waive
decision or findings by the Board of Commissioners and accept the
decision or findings of the hearing officer as final. All hearings
must be completed no later than 100 days after the completion of the
applicant's case in chief, unless extended for good cause upon application
to the Court of Common Pleas.
(5)
Any substantial revisions to the application or plan
made by the applicant subsequent to filing of the application or plan
or its review by the Planning Commission shall be subject to review
and recommendation by the Planning Commission as specified within
this chapter of the Code. In such event, the Zoning Officer shall
secure from the applicant a written extension of the date within which
the Board of Commissioners must hold a public hearing pursuant to
the provisions of this chapter of the Code. If the applicant fails
to execute the extension, the Board of Commissioners shall decide
the conditional use application on the basis of the plan and application
as originally filed.
(6)
A stenographic record of the hearing shall be made
by a certified court reporter, whose appearance fee shall be reimbursed
through the application fee paid to Caln Township as part of the initial
application. The cost of the original transcript shall be paid by
Caln Township or by any party requesting an original transcript. In
either case, the cost of additional copies shall be paid by the party
or person requesting such copies.
(7)
The Board of Commissioners shall render a written
decision or, when no decision is called for, make written findings
on the conditional use application within 45 days after the last hearing
before the Board of Commissioners. The date of the decision may be
extended by the applicant either on the record or in writing addressed
to the Board of Commissioners. Where the application is contested
or denied, each decision shall be accompanied by findings of fact,
reasons or conclusions based thereon. Any conclusions based upon this
chapter of the Code, the Pennsylvania Municipalities Planning Code
or any rule or regulation shall contain a reference to the provision
relied on and the reasons why the conclusion is deemed appropriate
in the light of the facts found. A copy of the decision or, where
no decision is called for, of the findings shall be delivered to the
applicant personally or mailed to him no later than the day following
its date.
(8)
If, after the conclusion of the public hearing(s),
the application is amended or revised, the Board of Commissioners
shall hold one or more public hearings thereon as may be necessary
and shall issue a new decision thereon in conformance with the procedure
established in this section. In the event that the Board of Commissioners
fail to commence the public hearing within 60 days from the date of
the applicant's request for a hearing or fail to complete the hearing
no later than 100 days after the completion of the applicant's case
in chief, unless extended for good cause upon application to the Court
of Common Pleas, the decision shall be deemed to have been rendered
in favor of the applicant unless the applicant has agreed in writing
or on the record to an extension of time. When a decision has been
rendered in favor of the applicant because the Board of Commissioners
failed to commence the hearings, complete the hearings or render a
decision as required by this section, the Board of Commissioners shall
give public notice of the decision within 10 days from the last day
it could have met to render a decision in the same manner as required
by the public notice requirements of this section. If the Board of
Commissioners shall fail to provide such notice, the applicant may
do so. Nothing in this section shall prejudice the right of any party
opposing the application to appeal the decision to a court of competent
jurisdiction.
H.
Nothing in this section shall be construed to relieve
the applicant for a conditional use approval from obtaining all other
required approvals mandated by the Caln Township Code as well as other
pertinent laws, ordinances and regulations that have been adopted
by local, state and federal agencies. This may include the submission
of a subdivision plan and/or land development plan to be prepared
by the applicant and submitted to Caln Township for review and consideration.
I.
Unless otherwise specified by the Board of Commissioners
in its decision and order, a conditional use approval shall expire
if the applicant does not secure a building permit or, if no building
permit is required, then a use and occupancy permit, within 12 months
from the date of the Board's written approval of the conditional use
application, unless, the applicant makes written application to the
Board of Commissioners for an extension of time, which shall be based
upon reasonable cause shown. No formal hearing shall be required by
the Board of Commissioners in the consideration of such application.
An extension of time may be granted by the Board of Commissioners
for a period of time considered appropriate by the Board of Commissioners.
A.
The Board of Commissioners may from time to time amend,
supplement, change, modify or repeal the contents of this chapter
of the Code, including the Zoning Map. Any amendment, supplement,
reclassification or change may be initiated by the Board of Commissioners,
Planning Commission or by a petition to the Board of Commissioners
from a property owner within Caln Township. The Board of Commissioners,
by resolution adopted at a stated or special meeting, shall fix the
time and place of a public hearing on the proposed change, amendment
or repeal and cause notice thereof to be given as follows:
(1)
By publishing a notice once each week for two successive
weeks in a newspaper of general circulation in the Township. Such
notice shall state the time and place of the hearing and the particular
nature of the matter to be considered at the hearing. The first publication
shall be not more than 30 days or less than seven days from the date
of the hearing.
(2)
The notice shall also set forth the principal provisions
of the proposed change, amendment or repeal in reasonable detail and
a reference to a place in Caln Township where copies of the proposed
change, amendment or repeal may be examined or purchased at a charge
not exceeding the cost thereof. Full opportunity to be heard will
be given to any citizen and all parties in interest attending such
hearing.
(3)
If the proposed amendment involves a Zoning Map change,
notice of said public hearing shall be conspicuously posted by the
authorized representatives of Caln Township at points deemed sufficient
along the tract to notify potentially interested citizens. The affected
tract or area shall be posted at least one week prior to the date
of the hearing. In addition to the requirement that notice be posted
along the property, if the proposed amendment involves a Zoning Map
change, notice of the public hearing shall be mailed by Caln 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 Caln Township. The notice shall include
the location, date and time of the public hearing.
B.
The Board of Commissioners shall refer each petition
or proposal for change or amendment, whether under this article or
under another article, to the Planning Commission, who shall consider
whether or not such proposed change or amendment would be, in the
view of the Planning Commission, consistent with and desirable in
furtherance of the Comprehensive Plan upon which this chapter is based,
as the same may be modified from time to time. The Planning Commission
shall transmit its recommendations and conclusions to the Board of
Commissioners within 30 days. The Board of Commissioners shall take
such recommendations and conclusions into consideration in reaching
its decision, but shall not be bound thereby.
C.
The Board of Commissioners shall submit the proposed
zoning amendment to the Chester County Planning Commission at least
30 days prior to the hearing for its review and comments. The Board
of Commissioners shall take such comments into consideration in reaching
its decision, but shall not be bound thereby.
D.
The public hearing shall be conducted in accordance
with the appropriate provisions that are established within the Caln
Township Code and the Pennsylvania Municipalities Planning Code.
E.
If the zoning amendment is enacted by the Board of
Commissioners, an endorsed copy of the zoning amendment shall be forwarded
to the Chester County Planning Commission within 30 day of enactment.
A.
A landowner who desires to challenge on substantive
grounds the validity of this chapter of the Code which prohibits or
restricts the use or development of land in which he has an interest
may submit a curative amendment to the Board of Commissioners with
a written request that his challenge and proposed amendment be heard.
All such landowner curative amendments shall be decided as provided
in accordance with the appropriate provisions that are established
within the Caln Township Code and the Pennsylvania Municipalities
Planning Code.
B.
Caln Township, by formal action, may declare this
chapter of the Code or portions thereof substantively invalid and
propose the preparation of a municipal curative amendment to overcome
such invalidity. All such municipal curative amendments shall be decided
as provided in accordance with the appropriate provisions that are
established within the Caln Township Code and the Pennsylvania Municipalities
Planning Code.
C.
All landowner curative amendments and/or municipal
curative amendments shall be referred to the Caln Township Planning
Commission and the Chester County Planning Commission at least 30
days prior to the initial hearing date to provide both agencies with
an opportunity to submit recommendations.
D.
The advertisement, posting and scheduling of the public
hearing shall be conducted in accordance with the appropriate provisions
that are established within the Caln Township Code and the Pennsylvania
Municipalities Planning Code.
E.
If the landowner curative amendment and/or the municipal
curative amendment is enacted by the Board of Commissioners, an endorsed
copy of the amendment shall be forwarded to the Chester County Planning
Commission within 30 day of enactment.
A.
All appeals concerning the review, application, interpretation
and decisions authorized by this chapter of the Code shall be in accordance
with the appropriate provisions that are established within the Caln
Township Code and the Pennsylvania Municipalities Planning Code.
B.
All appeals concerning an alleged error in the processing
or enactment of any components of this chapter of the Code shall be
raised by appeal taken directly from the action of the Board of Commissioners
to the appropriate court, which shall not be filed later than 30 days
from the effective date of this chapter of the Code.
A.
The Board of Commissioners shall establish by resolution
a schedule of fees, charges and expenses as well as the collection
procedures for zoning permits, certificates of occupancy, special
exceptions, variances and appeals and other matters pertaining to
this chapter of the Code. The resolution or schedule of the fees shall
be available for inspection in the office of the Caln Township Zoning
Officer.
B.
The Board of Commissioners may alter or change the
schedule of the fees by resolution in accordance the appropriate provisions
established within the Caln Township Code and the Pennsylvania Municipalities
Planning Code.
A.
Any person, partnership or corporation who or which
has violated or permitted the violation of the provisions of this
chapter of the Code shall, upon being found liable in a civil enforcement
proceeding commenced by Caln Township, pay a judgment of not more
than $500, plus all court costs, including reasonable attorney fees
incurred by Caln 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, Caln 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 determines otherwise as prescribed by the Pennsylvania
Municipalities Planning Code.
B.
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.
C.
Nothing contained in this chapter of the Code shall
be construed or interpreted to grant to any person or entity other
than Caln Township the right to commence any action for enforcement
pursuant to this chapter of the Code.
D.
In the event any building, structure or land is or
is proposed to be erected, constructed, reconstructed, altered, converted,
maintained or used in violation of this chapter of the Code, or in
case any land, building or structure for which a use and occupancy
permit is required is conveyed or possession otherwise transferred
to a bona fide purchaser or lessee without obtaining such certificate
of occupancy and delivering the same to such bona fide purchaser or
lessee at or prior to conveyance or transfer of possession, whichever
first occurs, the Board of Commissioner, in addition to other remedies,
may institute in the name of Caln Township any appropriate action
or proceeding to prevent, restrain, correct or abate such building,
structure or land or the conveyance thereof, or to prevent in or about
such premises any act, conduct, business or use constituting a violation.
