New Garden Township
City Zoning Code
City Zoning Code
ARTICLE XIX
Administration
§ 200-145 Enforcement by Zoning Officer.
A.
Zoning Officer. A Zoning Officer shall be appointed by the Board of Supervisors to administer and enforce the provisions of this chapter. The Zoning Officer shall not hold any elected office in the Township. The Zoning Officer may be removed for malfeasance, misfeasance or nonfeasance in office or for other just cause by a majority vote of the Board of Supervisors.
B.
Duties and powers of the Zoning Officer. It shall be the duty of the Zoning Officer to enforce literally the provisions of this chapter, and subsequent amendments. The Zoning Officer shall have such duties and powers as are assigned by this chapter and are reasonably implied for that purpose. The duties of the Zoning Officer shall include, but are not limited to, the following:
(1)
Receive and examine all applications for permits, and sign and issue permits in conformance with the terms of this chapter.
(2)
Record and file all applications for permits with any accompanying plans and documents. All information shall be matters of public record.
(3)
Maintain an official record of all business and activities, including complaints of violations of any of the provisions of this chapter and of the action taken on each such complaint. The Zoning Officer shall make such inspections as needed to fulfill his duties.
(4)
Issue permits for special exception uses and variances only after such uses and/or buildings have been approved by the Zoning Hearing Board in accordance with the regulations of this chapter.
(5)
Maintain the official copy of this chapter and the Zoning Map up to date so as to include all amendments thereto.
§ 200-146 Violations and penalties.
Failure to secure a permit prior to the use or change in use of land or building, or the erection, enlargement or alteration of a building, or failure to secure a use and occupancy permit shall be a violation of this chapter.
A.
Causes of action. Where any building or structure is erected, reconstructed, converted or maintained, or any building, structure or land is used in violation of this chapter, the Supervisors, or, with the approval of the Supervisors, the Zoning Officer may in the name of the Township:
B.
Notice of violations. Where it appears to the Township that a violation of any provisions of this chapter has occurred, the Zoning Officer shall initiate enforcement proceedings by sending an enforcement notice as provided in this section.
(1)
The enforcement notice shall be sent to the owner of record on 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.
(2)
The enforcement notice shall state 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 the chapter.
(d)
The date before which the steps for compliance must be commenced and the date before which steps must be completed.
(e)
That the recipient of such notice has the right to appeal to the Zoning Hearing Board within 30 days of the date of such enforcement notice, in accordance with this chapter and the Pennsylvania Municipalities Planning Code.[1]
[Amended 8-13-2001 by Ord. No. 142]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(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.
C.
Discontinuance. Where the notice of violation is not complied with in the time period set forth in the notice, the Zoning Officer shall order the discontinuance of such unlawful use of land, structure, or building involved in said violation.
D.
Enforcement remedies. Any person who shall violate the provisions of this chapter shall, upon being found liable in a civil enforcement proceeding, be required to pay a fine of not more than $500, plus all court costs, including reasonable attorney's fees and other costs incurred by the Township as a result thereof. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to applicable law. Each day that a violation continues shall constitute a separate violation, unless the District Justice that determined there has been a violation further determines that there was a good faith basis for the person violating the 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 the violation by the District Justice and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney's fees collected for the violation of this chapter shall be paid over to the Township. Notwithstanding the provisions of this section, the Township shall be permitted, in its sole discretion, to enforce this chapter in accordance with applicable law.
[Amended 8-13-2001 by Ord. No. 142]
§ 200-147 General permit requirements.
A.
Conformity. No permit shall be issued by the Zoning Officer except in conformity with the regulations of this chapter, and subsequent amendments. Any permits issued on written order of the Zoning Hearing Board or by a court of competent jurisdiction shall be subject to any stipulation contained in that order, and shall comply with the remaining applicable provisions of this chapter.
B.
Responsibility. Applications for permits required under this chapter may be submitted by an owner or a designated representative, except that the responsibility for obtaining any required permit and compliance with the provisions of this chapter shall rest with the property owner.
C.
Additional evidence. In all instances in which the Zoning Officer expresses a reasonable doubt as to the ability of a proposed use or structure to comply with all applicable provisions of this chapter, the applicant shall be required to furnish adequate evidence in support of his application. The permit will be denied if such evidence is not presented.
D.
Official application. No application is considered complete and official until all necessary documents have been filed and all fees have been paid to the Township.
§ 200-148 Building permits.
A.
Requirements. A building permit shall be required prior to the erection, alteration or enlargement of any building or other structure. It shall be unlawful for any person to commence work for the erection of, alteration of or enlargement of any building, accessory building, shed, or structure prior to obtaining the building permit. Fees for permits are established and set by the Board of Supervisors.
B.
Application. All applications for building permits shall be made in writing on a form furnished by the Township and shall be accompanied by a plot plan drawn accurately, including the following information:
[Amended 8-12-2002 by Ord. No. 147]
(1)
Actual dimensions of the lot to be built upon and the exact size and location of buildings or proposed extensions thereto.
(2)
Location of all buildings and structures on abutting land within 50 feet of the property line.
(3)
The location and number of parking spaces and/or loading facilities, if applicable.
(4)
The number of dwelling units, if applicable.
(5)
A statement that the applicant is the owner of the lot or a copy of a written agreement between the owner and the applicant to permit the proposed construction.
(6)
The location of existing woodlands, including an accurate field survey of the location, size and species of all trees having a caliper of 12 inches or greater, whether standing alone or within the existing woodlands.
(7)
Location of all existing trees which are to be protected, the tree protection zone and the method by which such protection shall occur. In addition, the tree protection technique(s), in accordance with § 170-49 of the Township Subdivision and Land Development Ordinance[1] shall be indicated on all plans and shall be adhered to during all phases of construction.
(8)
All other information necessary for the Zoning Officer to determine compliance with this chapter and all other pertinent ordinances.
C.
Issuance. A building permit shall be issued only after the Zoning Officer has determined that the proposed building, structure, alteration or enlargement complies with the provisions of this chapter and applicable ordinances and fees have been paid to the Township.
§ 200-149 Use and occupancy permits.
A.
Requirements. A use and occupancy permit shall be required prior to any person using or occupying any building or other structure or land. A use and occupancy permit shall be required prior to the commencement of any of the following:
(1)
Use and occupancy of any building or other structure erected, altered or enlarged for which a building permit is required;
(2)
Change in use of any building or structure;
(3)
Use of land or change in the use, except the placing of vacant land under cultivation;
(4)
Change in use or extension of a nonconforming use.
B.
Application. All applications for use and occupancy permits shall be made in writing on forms furnished by the Township and shall be accompanied with the following information:
C.
Issuance. Prior to the issuance of any use and occupancy permit, the proposed use must be in compliance with the provisions of this chapter and such compliance is determined by the Zoning Officer. In reviewing an application for a use and occupancy permit, the Zoning Officer shall inspect the premises. Pending completion of a building or of alterations thereto, a temporary use and occupancy permit may be issued by the Zoning Officer, provided that such temporary occupancy will not tend in any way to jeopardize life or property. Temporary occupancy shall not be for more than 10 consecutive days.
§ 200-150 Manufactured home park/mobile home park permits.
All manufactured home parks/mobile home parks shall be required to obtain an operating permit from New Garden Township in accordance with the provisions of § 200-127.
§ 200-151 Fees.
All permit fees established under this chapter shall be determined by a resolution of the Board of Supervisors, and a schedule of such shall be made available to the general public. Fees shall cover the cost of administering this chapter. Permit fees shall be paid in advance in accordance with such fee schedule.
§ 200-152 Conditional use procedures.
A.
Intent. In order to limit the potential impact that certain uses may create on other surrounding uses and the general welfare of the Township, certain reasonable conditions and safeguards are imposed prior to granting approval.
B.
Requirements. The following provisions shall apply to conditional use applications, in addition to the provisions of the district in which the proposed use is located.
C.
Application. The application for a conditional use permit shall include a proposed plan indicating the size and location of the proposed use, the location of all proposed buildings and facilities, and the location of all existing buildings and structures on adjacent properties within 500 feet of the property line. Application for a conditional use permit shall be filed with the Township Secretary with accompanying form, text and fees. All owners of land within 500 feet of the property shall be notified by the applicant of the conditional use application. The applicant shall be able to show proof at the conditional use hearing that all property owners were notified.
D.
Procedure for review.
(1)
The Township Planning Commission shall review each conditional use request pursuant to the criteria under Subsection E, and submit its recommendations to the Board of Supervisors.
(2)
After review by the Planning Commission, the Board of Supervisors shall hold a public hearing pursuant to public notice. The public hearing shall be held within 60 days from the date the application was duly filed.
[Amended 8-13-2001 by Ord. No. 142]
E.
Criteria. The following criteria shall be used as a guide in evaluating a proposed conditional use. The burden of proof in establishing that all criteria have been met shall at all times rest upon the applicant.
(1)
The proposed use at the location in question shall be in the public interest and best serve the public health, safety, and general welfare.
(2)
The proposed use shall be consistent with the goals and objectives of the New Garden Township Comprehensive Plan of 1993 and those of the New Garden Township Open Space, Recreation, and Environmental Resource Plan of 1993.
(3)
The size, scope, extent and character of the proposed use shall be consistent with the spirit, purpose and intent of this chapter.
(4)
Applicant shall take into consideration the character and type of development in the area surrounding the tract, and determine that the proposed change will not injure or detract from the use of surrounding properties or from the character of the neighborhood.
(5)
Consider the effect of the proposed use with respect to the most appropriate use of land, conserving building and property values, and safety from fire and other dangers.
(6)
Sufficient land area shall be made available to be able to effectively screen the proposed conditional use from adjoining different uses.
(7)
Sufficient safeguards for parking, traffic control, screening, setbacks and other design requirements under Article XVI can be implemented to remove any potential adverse influences created by the proposed use.
(8)
The impact and effect on buildings or districts of historical or architectural significance.
F.
Safeguards. In granting a conditional use, the Board of Supervisors may attach such reasonable conditions and safeguards in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter and the Pennsylvania Municipalities Planning Code, Act 247, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
G.
Extension or change. A use of a building or lot authorized as a conditional use, either by decision of the Board of Supervisors or by the enactment of or amendment to the Zoning Chapter, may be extended or changed within the building or upon the lot only when authorized as a conditional use following application to and approval by the Board of Supervisors in accordance with procedures, standards and criteria set forth in the Zoning Chapter.
[Added 8-18-2014 by Ord. No. 212]
§ 200-153 Power of amendment.
The Board of Supervisors may from time to time amend, supplement, change, modify or repeal this chapter including the Zoning Map in accordance with the provisions of this article and the Pennsylvania Municipalities Planning Code, as amended.
A.
Procedure. The following procedure shall be observed prior to the adoption of any amendment or change to this chapter or the official Zoning Map.
B.
Planning Commission referral. All proposed amendments or changes to the existing chapter prior to adoption shall be submitted for review according to the following:
(1)
Every proposed change shall be referred to the Chester County Planning Commission for recommendations a minimum of 30 days prior to holding a public hearing.
(2)
In the case of an amendment other than that prepared by the New Garden Township Planning Commission, the Board shall submit each such amendment to the Township Planning Commission at least 30 days prior to the hearing on such proposed amendment to provide the planning agency an opportunity to submit recommendations.
C.
Notice of hearing. The Board of Supervisors shall advertise public hearings by publishing a notice each week for two consecutive weeks, stating the time and place such hearings shall occur. Said advertisements shall be published in a newspaper having general circulation in the Township. The first of such advertisements shall occur not more than 30 days, while the second shall not occur less than seven days before the date fixed for the hearing. The notice shall include the particular nature of the matter to be considered at the hearing, and a reference to a place within the Township where copies of the proposed ordinance, amendment, change or repeal may be examined.
D.
Public hearing. Prior to taking action on any amendment or change to the chapter or Map, the Board of Supervisors shall hold a public hearing pursuant to public notice. The time and place of public hearings shall be fixed by the Board of Supervisors. Full opportunity to be heard will be given to any citizen and all parties interested in attending such hearing.
E.
Decision. The Board of Supervisors shall not take action on the proposed change until the New Garden Township Planning Commission and the Chester County Planning Commission have had sufficient time to review and make recommendations in accordance with Subsection B. If such recommendations are not received within 30 days from the date the referral was received by the agencies, the Board of Supervisors may proceed without such recommendations. Zoning ordinances, amendments, changes and referrals shall be adopted by the Board of Supervisors at their regularly scheduled meeting within 90 days after the public hearing. Such changes shall be incorporated into the official Zoning Ordinance by reference with the same force and effect as if duly reported therein.
F.
Eligibility. Any person or property owner may apply for an amendment to this chapter. Said amendment shall follow the procedure set forth in this section provided:
G.
Landowner petition. Whenever the owners of 50% or more of the total area of a zoning district shall present to the Board of Supervisors a petition, duly signed and acknowledged, requesting an amendment, supplement, change, modification or repeal of any of the regulations or restrictions prescribed by this chapter for their district, it shall be the duty of the Board to hold a public hearing. Such hearings shall comply with the provisions of § 200-160.
§ 200-154 Curative amendments.
A.
Application. A landowner who desires to challenge on substantive grounds the validity of this chapter or the Zoning Map or any provisions thereof, which prohibits or restricts the use or development of land in which he has an interest, may submit an application for curative amendment to the Board of Supervisors.
B.
Procedure. The Board of Supervisors shall commence a public hearing on the proposed curative amendment within 60 days of receiving the request pursuant to the following:
(1)
An application shall be submitted to Board of Supervisors and shall include a written request that the challenge and proposed amendment be heard and decided in a public hearing pursuant to § 200-160.
C.
Determination. Within 45 days of the conclusion of the hearing, the Board of Supervisors shall prepare a determination as follows:
§ 200-155 Municipal liability.
The granting of any permit under this chapter by the Township Zoning Officer, or the use of land or structures, shall not constitute a guarantee or warranty of any kind by the Township or any of its officials or employees as to any manner of injury resulting from such use, erection, alteration or extension, and shall create no liability upon, or a cause of action against, such public body, officials or employees for any damages or injury that may result.