Honey Brook City Zoning Code
PART 13
Administration and Enforcement
§ 27-1301 Interpretation and Application.
[Ord. No. 247-2018, 9/17/2018]
The provisions of this Chapter, in its interpretation and application, shall be held to be minimum requirements adopted for the promotion of the public health, safety, and general welfare. Every use, lot, structure, building, or sign shall conform to all provisions of this Chapter except those exempted by or under this Chapter. Nothing in this Chapter shall require any change in plans or construction of a building for which a building permit has been issued by the Borough prior to the effective date of this Chapter and which is completed within one (1) year of the effective date of this Chapter.
§ 27-1302 The Zoning Officer.
[Ord. No. 247-2018, 9/17/2018]
The provisions of this Chapter shall be administered and enforced by the Zoning Officer, who shall be appointed by and serve at the pleasure of the Borough Council. The Zoning Officer shall meet qualifications established by the Borough and shall be able to demonstrate to the satisfaction of the Borough Council a working knowledge of municipal zoning. The Zoning Officer shall administer this Chapter in accordance with its literal terms and shall not have the power to waive or modify any term or condition of this Chapter or permit any construction or any use or change of use which does not conform to this Chapter. The Zoning Officer may be provided with assistance of such persons as the Borough Council may direct.
§ 27-1303 Duties and Powers of the Zoning Officer.
[Ord. No. 247-2018, 9/17/2018]
The Zoning Officer shall be charged with the duty and shall have the power to enforce literally the provisions of this Chapter and its amendments. The Zoning Officer shall have such duties and powers as are conferred upon him by this Chapter and as reasonably implied for the purposes of enforcement. These duties may include, but are not limited to, the following:
A.
Receive and examine all applications for permits governed by this Chapter and issue such permits only when in conformance with the provisions of this Chapter and with other Borough ordinances, provided, however, that the issuance of a permit shall not be deemed a waiver of the requirements of any Borough ordinance.
B.
Keep an official record of all business and activities, including complaints of a violation of any of the provisions of this Chapter and of the action taken consequent to each such complaint. Record and file all applications for permits with accompanying plans and documents. All such records shall be open to public inspection.
C.
Before issuing any permit, and at the Zoning Officer's discretion, examine or cause to be examined all buildings, structures, signs, or lands and portions thereof for which an application has been filed. Request that the Borough Solicitor issue cease and desist orders and order, in writing, correction of all conditions found to be in violation of the provisions of this Chapter. Such written orders shall be served personally, by general mailing, or by certified mail upon persons, firms, or corporations deemed by the Zoning Officer to be violating the terms of this Chapter. It shall be unlawful for any person to violate any such order lawfully issued by the Zoning Officer, and any person violating any such order shall be guilty of a violation of this Chapter.
D.
Issue permits for special exception uses or for variances only after such uses and/or buildings have been approved by the Zoning Hearing Board.
E.
With the approval of the Borough Council, or when directed by the Council, institute any appropriate enforcement proceedings to prevent unlawful use; to restrain, correct, or abate violations so as to prevent the unlawful occupancy or use of any building, structure, or land; or to prevent any illegal act, conduct, business, or use in or about such premises.
F.
Revoke by order a permit issued:
1.
Under a mistake of fact.
2.
Contrary to the law or the provisions of this Chapter.
3.
On the basis of any false statement or misrepresentation of fact in the application or on the plans on which the permit or approval was based, if it is found that work performed or the use to which the property is put is not in conformance with the application.
G.
Maintain a map showing the current zoning classification of all land in the Borough.
H.
Upon the request of the Borough Council, the Planning Commission, or the Zoning Hearing Board present to such bodies facts, records, or reports to assist them in making decisions.
I.
Submit monthly to the Borough Council a written statement of all permits, violations, and stop-work orders recommended or promulgated.
§ 27-1304 Building Permits.
[Ord. No. 247-2018, 9/17/2018]
A building permit shall be required, in accordance with regulations promulgated by the Borough, where a building or structure is to be erected, constructed, reconstructed, structurally altered, or moved. Application for and issuance of a building permit, and the work to be performed under the terms of any building permit, shall conform to the requirements of the Pennsylvania Uniform Construction Code [Chapter 4].
§ 27-1305 Requirement for Use and Occupancy Permit.
[Ord. No. 247-2018, 9/17/2018]
A.
It shall be unlawful for any person to use or occupy any building, other structure, or land until a use and occupancy permit has been duly issued.
B.
A use and occupancy permit shall be required prior to any of the following:
1.
Use and occupancy of any building or other structure hereafter erected or altered for which a building permit is required.
2.
Change in the use of any building or structure or any part thereof.
3.
Use of land or change in the use thereof, except that the use of vacant land or change in use for cultivation shall not require a use and occupancy permit.
4.
Change in use or extension of a nonconforming use.
5.
Operation of any home occupation as may be provided under terms of this Chapter.
C.
It is the responsibility of the property owner to notify the Zoning Officer within thirty (30) days of a change in use of a building or structure or any part thereof or the completion of any activity authorized by a building permit.
§ 27-1306 Application for Use and Occupancy Permit.
[Ord. No. 247-2018, 9/17/2018]
A.
Any application for a use and occupancy permit shall be made in writing by the landowner or his authorized agent on a form furnished by the Borough. The application shall contain all information necessary to enable the Zoning Officer to determine compliance with this Chapter and other applicable regulations. As determined by the Zoning Officer, applications shall be accompanied by:
1.
One copy of any approved plot plan, land development plan, or other data and information deemed appropriate by the Zoning Officer to evaluate compliance with this Chapter and other applicable regulations.
2.
One copy of the architectural plans for any proposed building or structure under application.
§ 27-1307 Issuance of Use and Occupancy Permit.
[Ord. No. 247-2018, 9/17/2018; amended by Ord. No. 262, 3/4/2024]
A.
No use and occupancy permit shall be issued until the Zoning Officer has certified that the proposed use complies with all provisions of this Chapter and all other applicable regulations of the Borough, Chester County, and the Commonwealth of Pennsylvania, and has inspected the property to confirm compliance.
B.
Within 15 days after receipt of the application, the Zoning Officer shall either approve or deny the application and notify the applicant accordingly. If the application is denied, the Zoning Officer shall provide the applicant, in writing, the reasons for the denial and the appeals process.
C.
Upon approval of an application, the Zoning Officer shall issue a use and occupancy permit to the applicant for the use indicated on the approved application.
D.
Upon request, the Zoning Officer may issue a temporary use and occupancy permit to enable partial occupancy of a building pending completion of construction or alteration. The Zoning Officer may attach conditions and safeguards to such a temporary occupancy permit to protect the occupants and the public. Such conditions shall include the posting of financial security for any unfinished stormwater management improvements required to be made pursuant to applicable ordinances or regulations, or pursuant to an approved SWM Site Plan. Such financial security shall not be released until such improvements are completed and approved by the Borough.
§ 27-1308 Permits for Temporary Uses.
[Ord. No. 247-2018, 9/17/2018]
A.
The Zoning Officer may issue a permit for the following temporary uses:
1.
Sales and Construction Trailers. Temporary structures, located on a tract undergoing development, that are utilized for construction management purposes may, while serving that function, remain on the tract only during active development of the property. Removal shall occur immediately upon completion of the development process. Sales trailers may be located on such a tract only during active development of the property, but shall be removed no later than one (1) year following the start of construction.
2.
Temporary Dwelling Units. A temporary dwelling unit, whether stationary or mobile, may be placed on a lot where an existing dwelling has been damaged or destroyed and is being rebuilt, or is being remodeled. The applicant shall demonstrate that a permanent use, in compliance with the applicable terms of this Chapter, is being pursued with due diligence and that the temporary dwelling unit will be utilized for the minimum practical time period and removed immediately upon the expiration of that period. The temporary use permit shall be issued for a time period not to exceed one (1) year, and may be extended only in accordance with the terms of the Pennsylvania Uniform Construction Code [Chapter 4].
B.
A use and occupancy permit shall be required prior to the utilization of any temporary structure, and shall be issued only in accordance with the terms of this Section.
C.
Any temporary structure shall comply with all applicable area and bulk regulations for the zoning district in which it is to be situated.
§ 27-1309 Determination of Fees.
[Ord. No. 247-2018, 9/17/2018]
A.
Permit Applications. Application fees for permits governed by this Chapter, including use and occupancy permits, temporary use permits, sign permits, and building permits, shall be paid in accordance with a fee schedule adopted by resolution of the Borough Council.
B.
Applications or Appeals before the Borough Council or Zoning Hearing Board.
1.
Upon submission of an application or appeal before either the Borough Council or the Zoning Hearing Board, the applicant shall deposit an amount of money in accordance with a schedule of applicant expenses, adopted by resolution of Borough Council
2.
If, at any time, the charges then made against the applicant's deposit shall reduce the remaining balance to an amount less than fifteen (15) percent of the initial deposit amount and thereby render the balance insufficient to insure payment of all expenses that may accrue in the disposition of the pending appeal or application, the applicant shall, upon notice from the Borough, provide additional deposits to assure adequate funds to pay such expenses as they may accrue.
3.
The failure of the Borough or the Zoning Hearing Board to require and obtain additional deposits from time to time shall not relieve the applicant from liability for expenses in excess of deposits.
4.
Any amount deposited in excess of actual final expenses shall be refunded to the applicant.
5.
The applicant shall be responsible for all costs related to the public hearing that are authorized by and consistent with the Municipalities Planning Code, 53 P.S. § 10101 et seq.
6.
Responsibility for the costs of a conditional use hearing shall be the same as those specified in the Municipalities Planning Code, 53 P.S. § 10101 et seq., for a hearing before the Zoning Hearing Board.
7.
An application for conditional use, special exception, variance, validity challenge, curative amendment, petition for a zoning change, or appeal shall not be deemed complete or to have been filed until all application fees, charges, and expenses have been paid in full. Required fees shall accompany the application.
§ 27-1310 Enforcement Notice.
[Ord. No. 247-2018, 9/17/2018]
A.
If it appears to the Borough that a violation of this Chapter has occurred, the Borough shall initiate formal enforcement proceedings by sending an enforcement notice as provided in this Section. The Zoning Officer may informally request compliance prior to instituting formal proceedings.
B.
The enforcement notice shall be sent to the owner of record of the parcel in which the violation has occurred, to any person who has filed a written request to receive enforcement notices regarding that parcel, and to any other person requested in writing by the owner of record.
C.
An enforcement notice shall state at least the following:
1.
The name of the owner of record and any other person against whom the Borough intends to take action.
2.
The location of the property in violation.
3.
The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of this Chapter.
4.
The date before which the steps for compliance must be commenced and the date before which the steps must be completed.
5.
That the recipient of the notice has the right to appeal to the Zoning Hearing Board within a prescribed period of time in accordance with procedure set forth in this Chapter.
6.
That failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation with possible sanctions clearly described.
7.
In any appeal of an enforcement notice to the Zoning Hearing Board, the Borough shall have the responsibility of presenting its evidence first.
8.
Any filing fee paid by a party to appeal an enforcement notice to the Zoning Hearing Board shall be returned to the appealing party by the Borough if the Zoning Hearing Board, or any court in a subsequent appeal, rules in the appealing party's favor.
§ 27-1311 Causes of Action.
[Ord. No. 247-2018, 9/17/2018]
A.
Whenever a violation of this Chapter occurs or is alleged to have occurred, any person may file a written complaint. Such complaint, stating fully the causes and basis thereof, shall be filed with the Zoning Officer who shall record such complaint, investigate, take action thereon as provided by this Chapter and report to the Borough Council regarding the complaint and the action thereon.
B.
Where any building, structure, landscaping, or land is or is proposed to be erected, constructed, reconstructed, altered, converted, maintained, or used in violation of this Chapter or any prior enabling laws, the Borough Council or, with the approval of the Council, the Zoning Officer or other duly authorized officer of the Borough, or any aggrieved owner or tenant of real property who shows that his property or person will be substantially affected by the alleged violation, in addition to other remedies, may institute any appropriate action or proceeding to prevent, restrain, correct, or abate such building, structure, landscaping, or land, or to prevent, in or about such premises, any act, conduct, business, or use constituting a violation.
C.
Where any such action is instituted by a landowner or tenant, notice of that action shall be served upon the Borough at least thirty (30) days prior to the time the action is begun by serving a copy of the complaint on the Borough Council. No such action may be maintained until such notice has been given.
§ 27-1312 Enforcement Remedies.
[Ord. No. 247-2018, 9/17/2018]
A.
Any person, partnership or corporation who has received a notice of violation from the Zoning Officer may either correct the violation within the allotted time period, or if believed to be wrongfully served, promptly file an appeal with the Zoning Hearing Board.
B.
Any person, partnership, or corporation who or which has violated or permitted the violation of the provisions of this Chapter or any prior enabling laws shall, upon being found liable therefore in a civil enforcement proceeding commenced by the Borough, pay a judgment of not more than $500, plus all court costs, including reasonable attorney fees incurred by the Borough as a result thereof. No judgment shall commence or be imposed, levied, or payable until the date of the determination of a violation by the magisterial district judge. If the defendant neither pays nor timely appeals the judgment, the Borough may enforce the judgment pursuant to the applicable rules of civil procedure.
C.
Each day that a violation continues shall constitute a separate violation, unless the magisterial district judge determining that there has been a violation further determines that there was a good faith basis for the person, partnership, or corporation violating this Chapter to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the magisterial district judge and thereafter each day that a violation continues shall constitute a separate violation.
D.
All judgments, costs, and reasonable attorney fees collected for the violation of this Chapter shall be paid over to the Borough.
§ 27-1313 Official Records.
[Ord. No. 247-2018, 9/17/2018]
Official records in zoning matters shall be kept on file at the Borough office. These records shall include, but not be limited to, all applications received, copies of all permits issued, copies of orders and findings of the Zoning Hearing Board, written complaints of alleged violations, records of all inspections made, a current copy of this Chapter and all amendments, the Zoning Map, and all other pertinent information. The records, including the written statement of all permits issued and violations and stop work orders recommended or promulgated, shall be available for the use of the Borough government and inspection by any interested party during normal office hours.
§ 27-1314 Municipal Liability.
[Ord. No. 247-2018, 9/17/2018]
The granting of any permit under this Chapter shall create no liability upon, nor a cause of action against, any Borough official or employee for damages or injury that may occur from the use, construction, or enlargement of structures or the use of land.
§ 27-1315 Mediation Option.
[Ord. No. 247-2018, 9/17/2018]
Parties to proceedings authorized in this Chapter may utilize mediation as an aid in completing such proceedings. Any such mediation procedure shall be conducted in accordance with the terms of § 908.1 of the Municipalities Planning Code, as amended, 53 P.S. § 10908.1.