East Goshen Township
City Zoning Code
City Zoning Code
ARTICLE VIII
Administration and Enforcement
§ 240-45 General procedure.
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.
§ 240-46 Zoning Officer.
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.
§ 240-47 Permits and certificates.
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.
§ 240-48 Appeals to Zoning Hearing Board.
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.
§ 240-49 Amendments.
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.
§ 240-50 Curative amendments.
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.
§ 240-51 Time limit after zoning change.
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.
§ 240-52 Appeals.
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.
§ 240-53 Fee schedule.
[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.
§ 240-54 Enforcement.
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.