East Vincent Township
City Zoning Code
City Zoning Code
PART 21
ADMINISTRATION
§ 27-2101 Administration.
[Ord. 162, 6/12/2002, § 2100; as amended by Ord. 234, 2/7/2018, § IV]
1.
For the administration of this chapter, a Code Enforcement Officer, who shall not hold any elective office in the Township, shall be appointed by the Board of Supervisors. The Code Enforcement Officer, who may also hold the title of Building Inspector, shall meet qualifications established by the Township and shall be able to demonstrate to the satisfaction of the Township a working knowledge of municipal zoning. The Code Enforcement Officer shall administer this chapter in accordance with its literal terms, and shall not have the power to permit any construction or any use or change of use which does not conform to this chapter. Code Enforcement Officers may be authorized to institute civil enforcement proceedings as a means of enforcement when acting within the scope of their employment pursuant to § 27-2302.
A.
Duties of the Code Enforcement Officer shall be:
(1)
To administer this chapter's provisions contained herein, including the enforcement thereof.
(2)
To examine all applications for building and use and occupancy permits to determine compliance with this chapter.
(3)
To record and file all applications for permits and accompanying plans and documents and keep them for public record.
(4)
To permit uses and/or buildings by special exception and/or variance only after approval for such uses and/or buildings has been so ordered by the Zoning Hearing Board in accordance with the regulations of this chapter, or by a court of appeals, subject to any stipulations contained in such order.
(5)
To permit uses and/or buildings by conditional use only after approval for such uses and/or buildings has been so ordered by the Board of Supervisors in accordance with the regulations of this chapter, or by a court of appeals, subject to any stipulations contained in such order.
(6)
To inspect nonconforming uses, buildings and lots, and to keep a filed record of such nonconforming uses and buildings as a public record and to examine them periodically, if so directed by the Board of Supervisors.
(7)
Upon the request of the Board of Supervisors or the Zoning Hearing Board, present to such bodies facts, records, and any similar information on specific requests to assist such bodies in reaching its decision.
(8)
To be responsible for the keeping up-to-date of this chapter and the Zoning Map, filed with the Township Secretary and to include any amendments thereto.
§ 27-2102 Procedures Involving the Code Enforcement Officer.
[Ord. 162, 6/12/2002, § 2101]
1.
Sign Permits. A sign permit shall be required prior to the erection of, alteration of, or enlargement of any sign, sign structure or any portion thereof. It shall be unlawful for any person to commence work for the erection of, or alteration of, or enlargement of any sign, sign structure or portion thereof, until a permit has been duly issued therefor; except, however, the signs listed in § 27-1717.3 may be erected without a sign permit, provided that all requirements of § 27-1717 are met.
A.
Application for Sign Permits. An application for a sign permit shall be made to the Code Enforcement Officer and shall be accompanied by a plot plan drawn to scale showing size and location of all buildings and structures on the premises in question and the dimensions and location of the proposed sign.
B.
Issuance of Sign Permits. It shall be the duty of the Code Enforcement Officer to either issue or deny issuance of a sign permit within 30 days of the filing of a completed application and payment of prescribed fees. The Code Enforcement Officer shall issue a permit only upon his determination that the application is in compliance with the terms of this chapter. Sign permits need not be displayed, but should be maintained on the premises.
2.
Zoning Permits. A zoning permit shall be required prior to a change in use of land or buildings or the erection, construction, or alteration of any building, structure or any portion thereof. No permit shall be required for repairs or maintenance of any building, structure, or grounds provided such repairs do not change the use or otherwise violate the provisions of this chapter.
A.
Application for Zoning Permits. Applications for a zoning permit shall be made to the Code Enforcement Officer in writing on such forms furnished by the Township. An application for zoning permit shall be accompanied by all required plans and fees and any additional information as may be required to enable the Code Enforcement Officer to ascertain compliance with this chapter.
B.
Issuance of Zoning Permits.
(1)
It shall be the duty of the Code Enforcement Officer to either issue or deny zoning permits within 90 days, from the date of the complete application and payment of the prescribed fees. Issued permits shall expire after six months from the date of issuance; provided, that the same may be extended every six months for a period not to exceed an additional two years, upon request by the applicant which demonstrates good cause to the Code Enforcement Officer.
(2)
No zoning permit shall be issued except in conformity with:
(a)
All applicable regulations of this chapter.
(b)
Any conditions imposed upon the site by the Zoning Hearing Board or the Board of Supervisors.
(c)
Any recorded subdivision or land development plan.
(3)
No zoning permit shall be issued unless the applicant presents the Code Enforcement Officer with proof that any applicable subdivision approval, land development approval, or both, has been granted, a sewage permit has been issued by the Township Sewage Enforcement Officer and/or the Chester County Health Department for the lot, a highway occupancy permit from the Department of Transportation has been issued, if applicable, and all other required Township, State, and Federal approvals and permits have been granted or issued. In addition, no zoning permit shall be issued for any property with an existing zoning violation.
C.
In all instances in which the Code Enforcement Officer expresses a reasonable doubt as to the ability of the proposed use to meet all of the above-described requirements, it will be incumbent upon the applicant to furnish adequate evidence in support of his application. If such evidence is not presented, the zoning permit will be denied.
D.
Rights of Zoning Permit Holders. The zoning permit shall be authorization to proceed with work as described on the approved application. The Code Enforcement Officer shall have the right to revoke any permit or approval issued under the provisions of this chapter in any case where there has been a false statement or misrepresentation of fact in the application or where it is determined that the work being performed is not in compliance with this chapter.
3.
Zoning Enforcement. See Part 23 of this chapter.
4.
Distribution of Concurrent Submissions. For documents submitted to the Township in accordance with § 27-1506 of this chapter, the Code Enforcement Officer shall see that copies of those documents are transmitted to the Planning Commission at their next available meeting, with appropriate references to the relevant application(s) currently before the Planning Commission. The Code Enforcement Officer shall see that sufficient numbers of copies of such documents are provided by the applicant to supply each Commissioner with a copy, plus five extra for Township filing and distribution purposes.
§ 27-2103 The Building Inspector.
[Ord. 162, 6/12/2002, § 2102]
1.
The duties of the Building Inspector, and/or Code Enforcement Officer, shall be: To examine all applications for permits to build, alter, or demolish.
A.
To issue permits only for construction and uses that are in accordance with this chapter and the East Vincent Township Building Code [Chapter 5, Part 1].
B.
To issue use and occupancy permits after satisfactory inspection of the building or premises is completed.
C.
To record and file all applications for permits and accompanying plans and documents and keep them for public record.
D.
To enforce the Township Building Code [Chapter 5, Part 1] as adopted by the Township.
E.
To administer those prescribed provisions of § 27-1403, "Demolition of Historic Resources."
§ 27-2104 Procedures Involving the Building Inspector.
[Ord. 162, 6/12/2002, § 2103]
1.
Building Permits. A building permit shall be required prior to the erection, alteration, enlargement, or demolition of any building or other structure or portion thereof. It shall be unlawful for any person to commence work for the erection, alteration, enlargement or demolition of any building or structure or portion thereof until a permit has been duly issued therefore. See Subsection 3 for demolition permits for historic resources.
A.
Application for Building Permits. All applications for building permits shall be made to the Building Inspector in writing on such forms furnished by the Township. An application for building permit shall be accompanied by all required plans and fees and any additional information as may be required to enable the Building Inspector to ascertain compliance with the applicable Township codes.
B.
Issuance of Building Permits. Except for demolition permits for historic resources governed by the provisions of § 27-1403.4, it shall be the duty of the Building Inspector to either issue or deny issuance of buildings within 90 days of filing of a completed application and payment of prescribed fees. The Building Inspector shall issue a permit only upon his determination that the application is in compliance with the Township building codes. A building permit, when issued, shall be accompanied by a placard to be displayed conspicuously upon the premises during the period of construction.
C.
Building Permit Not Required. A building permit shall not be required for repairs to existing buildings or structures provided that no structural changes or modifications are involved.
D.
Expiration of Building Permit. A building permit shall expire six months from the date of issuance, provided that it may be extended in accordance with the adopted building codes. Work shall be considered to have started with the first placement of permanent construction or improvement on the site, such as the pouring of slabs, footings or any work beyond the stage of excavation. Permanent construction does not include land preparation or clearing, grading, filling, excavation or the erection of temporary forms, facilities or equipment.
E.
Rights of Permit Holders. The building permit shall be authorization to proceed with work as described on the approved application. The Building Inspector shall have the right to revoke any permit or approval issued under the provisions of this chapter in any case where there has been a false statement or misrepresentation of fact in the application or where it is determined that the work being performed is not in compliance with the adopted building codes or with the provisions of this or any other applicable ordinance.
F.
Compliance with this chapter. No building permit shall be issued if the proposed use or construction is not in compliance with all applicable provisions of this chapter.
G.
Provisions of this chapter Deemed Controlling. The provisions hereof shall be deemed to be incorporated in and to supplement the provisions of any building codes as may be adopted by the Township. In the event of any direct conflict between the provisions set forth herein and those stated in any building codes as may be adopted, the provisions set forth herein shall be deemed controlling.
2.
Use and Occupancy Permits. It shall be unlawful for any person to initially occupy any building or structure until a use and occupancy permit has been duly issued therefor by the Building Inspector.
A.
When Required. A use and occupancy permit shall be required prior to any of the following:
(1)
New single family dwellings.
(2)
Existing single-family dwellings which are renovated or restored to greater than 50% of their estimated value.
(3)
Residential additions, garages, swimming pools and large accessory structures, e.g., detached pool house, horse and/or animal enclosures, hobby buildings, etc.
(4)
New commercial, industrial, and institutional buildings and their accessory structures.
(5)
A change in ownership or use of a nonresidential structure.
B.
Issuance of Occupancy Permits.
(1)
A use and occupancy permit for which application has been made shall not be issued until completion of the construction work authorized by the building permit. Upon notification by the applicant that the construction work has been completed, the Building Inspector shall conduct a final inspection and shall either issue or deny the use and occupancy permit within 30 days, as aforesaid.
(2)
It shall be the duty of the applicant for a building permit to secure the issuance of the required use and occupancy permit, by giving notice of completion as aforesaid, notwithstanding the fact that the applicant may be constructing the building, structure, addition, or alteration for the use of another, and further to notify such proposed occupants of the requirements of this section prior to the transfer of ownership or commencement of leasehold of the property.
3.
Demolition Permits for Historic Resources. See § 27-1403.7 through 10 of this chapter.
§ 27-2105 Fees and Expenses.
[Ord. 162, 6/12/2002, § 2104]
1.
Permit Applications. Fees for application for building permits, grading permits, demolition permits, use and occupancy permits, sign permits, or similar permits shall be paid in accordance with a fee schedule adopted by resolution of the Board of Supervisors.
2.
Schedule of Fees. The Board of Supervisors shall establish by resolution a schedule of fees, charges, and expenses for the above referenced permits and other actions enabled by the MPC pertaining to the administration of this chapter. Said schedule of fees shall be available from the Township Secretary/Treasurer and Code Enforcement Officer and application for permits or hearings shall be considered incomplete until payment in accordance therewith has been made.
3.
Application or Appeals Before the Board of Supervisors or Zoning Hearing Board.
A.
Upon submission of an application or appeal before the Board of Supervisors or the Zoning Hearing Board, the applicant shall deposit an amount of money in accordance with a fee schedule adopted by resolution of the Board of Supervisors. The Code Enforcement Officer shall determine in which category an application falls and, therefore, what amount is due.
B.
If, at any time, the charges then made against the applicant's deposit shall render the balance insufficient to ensure payment of all expenses that may accrue in the disposition of the pending appeal or application, the Township Secretary shall obtain from the applicant additional deposits to assure adequate funds to pay such expenses as they may accrue. Prior to final disposition of the matter, the amount of the deposit shall not be less than 15% of the initial deposit amount. The failure of the Township Secretary to require and obtain additional deposits from time to time shall not relieve the applicant from liability for expenses in excess of deposits.
§ 27-2106 Municipal Liability.
[Ord. 162, 6/12/2002, § 2105]
The granting of any permit under this chapter shall create neither liability upon, nor a cause of action against, any Township official or employee for damages or injury that may occur from the use, construction, or enlargement of structures or the use of land.
