Uwchlan Township City Zoning Code
ARTICLE 8
Administration and Enforcement
§ 801 Enforcement.
801.1
Zoning Officer. A Zoning Officer shall be appointed by the Board of Supervisors to administer and enforce this Zoning Ordinance. A Zoning Officer may not hold any elective office in the Township.
801.2
Duties and powers of Zoning Officer. It shall be the duty of the Zoning Officer to enforce the provisions of this ordinance, and amendments, and he shall have such duties and powers as are conferred on him by this ordinance and as are reasonably implied for that purpose. The Zoning Officer's duties shall include, but are not limited to, the following:[1]
a.
Receive applications for and issue zoning (building) permits and sign permits as outlined by the terms of this ordinance for all construction except that designated as "ordinary repairs" and outlined in the Township's building permit guideline.
b.
Keep an official record of all business and activities, including complaints of a violation of any of the provisions of this ordinance and of the action taken consequent on each such complaint. Make inspections as needed to fulfill his duties. (He shall have the right to enter any building or structure or enter upon any land at any reasonable hour in the course of his duties.) All such records shall be open to public inspection. File copies of all applications received, permits issued, reports and inspections made in connection with any structure, building, sign and/or land shall be retained as long as they remain in existence.
c.
Issue permits for special exception uses or for variances only after such uses and/or buildings have been approved by the Zoning Hearing Board in accordance with the regulations of this ordinance.
d.
Be responsible for keeping this ordinance and the Zoning Map up to date so as to include all amendments thereto.
e.
Issue certificates of use and occupancy in accordance with the terms of this ordinance.
f.
The Zoning Officer shall identify and register nonconforming uses and structures created as a result of the adoption of this ordinance or created as a result of amendments thereto.
801.3
Enforcement notices.
a.
If it appears to the Board of Supervisors that a violation of this ordinance has occurred, the Zoning Officer shall initiate enforcement proceedings, consistent with Section 616.1 of the Municipalities Planning Code, 53 P.S. § 10616.1, by sending an enforcement notice to the owner of record of the parcel 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 to be serviced with enforcement notices by the owner of record.[2]
b.
The enforcement notice shall state the name of the owner of record and any other person against whom the Township intends to take action; the location of the property in violation; the specified nature of the violation with a description of and citation to the applicable provisions of this ordinance; the date before which described steps for compliance must be commenced and completed; that the recipient of the notice has the right to appeal to the Uwchlan Township Zoning Hearing Board within 30 days of the date of the notice; and that failure to comply with the notice within the time specified, unless extended by agreement of the Township or by appeal to the Zoning Hearing Board, constitutes a violation, with possible sanctions as described in the notice.
§ 802 Zoning permit.
No building, structure, or sign shall be erected, constructed, moved, added to, or structurally altered, nor shall land be put to any use without a permit therefor, issued by the Zoning Officer. No such permit shall be issued except in conformity with the provisions of this ordinance, or upon written order from the Zoning Hearing Board in the form of a special exception, variance, or as otherwise provided for by this ordinance, any applicable laws or any court of competent jurisdiction.
802.1
Form of application.
a.
All applications shall be made in writing and shall be accompanied by two sets of plans showing at least the following information when applicable:
(1)
Actual dimensions and shape of the lot to be built upon and 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 use of the lot by the applicant.
(2)
The exact size and location on the lot of buildings, structures, or signs existing and/or proposed extensions thereto.
(3)
The number of dwelling units if applicable.
(4)
Parking spaces provided and/or loading facilities.
(5)
Statement indicating the existing or proposed use.
(6)
Height of structure, building, or sign.
(8)
A detailed scaled drawing of the signs showing intended location and stating how it shall be affixed.
(9)
A statement indicating the type of construction and the manner of installation for signs, together with the materials to be used.
(10)
A written statement that the applicant is the owner of the premises on which the sign will be erected or a written agreement that the applicant has obtained the consent of the owner or lessee of such premises to erect such sign.
(11)
A written agreement that the sign shall be erected according to the accompanying plans and specifications.
b.
One copy of the plans shall be returned to the applicant by the Zoning Officer after he shall have marked such copies either as approved or disapproved and attested to same by this signature on such copy.
c.
One copy of all such plans shall be retained by the Zoning Officer for his permanent records.
d.
Such approval and zoning permit shall be issued or refused within 30 days from date of application. In case of refusal, the applicant shall be informed of his rights of appeal. The application for a permit shall be submitted in such form as the Zoning Officer may prescribe.
802.2
Expiration of zoning permit. Zoning permit shall expire within six months from date of issuance, if work described in any permit has not begun. If work described in any zoning permit has begun within the six-month period, said permit shall expire after one year from date of issuance thereof. However, an extension of time may be granted by the Board of Supervisors.
802.3
Revocation of permits. The Zoning Officer may revoke a permit or approval issued under the provisions of the Zoning Ordinance in case of any false statement or misrepresentation of fact in the application or on the plans on which the permit or approval was based or for any other cause set forth in this ordinance.
802.4
Posting of permit. A true copy of the permit shall be kept on the site of operations open to public inspection during the entire time of prosecution of the work or use and until the completion of the same as defined on the application.
802.5
Freestanding signs.
a.
If the sign is to be supported by a separate structure to be erected for that purpose, then the applicant shall supply a map of the lot indicating the location of the proposed sign and the relative distances to a point perpendicular to the lot lines. A scaled diagram or photograph of a similar sign shall also be attached.
b.
A certificate of use and occupancy shall be required for freestanding signs only.
802.6
Temporary permit.
a.
A temporary permit shall be necessary for all temporary signs, as regulated by § 606.5.h.
b.
A temporary permit shall be necessary for all temporary uses not permitted by the applicable zoning district.
c.
A temporary permit shall be necessary for all temporary violations of the area and bulk regulations or performance standards of the applicable zoning district.
d.
For temporary uses in violation to area and/or bulk regulations, applications shall be made in writing and shall contain the following:
(1)
A statement indicating the present owner of the lot in question and the names of the persons or organizations requesting the permit. Said statement shall also contain the signature of such persons.
(2)
A statement describing the proposed use and the length of time which such use will be continued.
e.
The following standards must be met:
(1)
No temporary violation of this ordinance shall continue for a period of more than one year, unless extended by the Board of Supervisors.
(2)
All temporary violations of this ordinance shall be so designed to minimize the detrimental effect on surrounding properties.
(3)
No temporary violations of this ordinance shall utilize in any manner an adjacent lot.
(4)
All temporary violations of this ordinance shall be for the general welfare of the community and not be detrimental to the public health of the community.
f.
The Zoning Officer may revoke this permit for the repeated violation of the preceding standards. Such revocation shall entitle the applicant to a hearing before the Zoning Hearing Board which Board shall then affirm or reverse the actions of the Zoning Officer.
§ 803 Certificate of use and occupancy.
A certificate of use and occupancy shall be required upon the completion of the work contemplated. It shall be unlawful to use and/or occupy any structure, building, and/or land or portions thereof in any manner until a certificate of use and occupancy has been issued.
803.1
Form of application. The application for certificate of use and occupancy shall be submitted in such form as the Zoning Officer may prescribe.
803.2
Issuance of certificate of use and occupancy.
a.
The Zoning Officer shall inspect any structure, building, sign, and/or land or portions thereof within 10 days upon notification that the proposed work that was listed under the permit has been completed, and if satisfied that the work is in conformity and compliance with the work listed in the issued permit and all other pertinent laws, he shall issue a certificate of use and occupancy.
b.
The certificate of use and occupancy shall be granted or refused in writing within a reasonable period of time from the date of inspection.
c.
A temporary certificate of use and occupancy may be issued by the Zoning Officer for such temporary uses such as tents, use of land for religious or other public or semipublic purposes, and similar temporary use or occupancy. Such temporary certificates shall be for the period of time to be determined by the Zoning Officer, however, in no case shall the period of time exceed six months.
d.
In zoning districts in which performance standards are imposed, no certificate of occupancy shall become permanent until 30 days after the facility is fully operating and only after, upon reinspection by the Zoning Officer, it is determined that the facility is in compliance with all performance standards. After said reinspection 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.
§ 804 Schedule of fees, charges and expenses.
804.1
The Board of Supervisors shall establish, by resolution, a schedule of fees, charges, and expenses and collection procedures for zoning permits, certificates of occupancy, special exception, variances, and appeals and other matters pertaining to this ordinance. Until such resolution is passed, the current fee schedule shall apply.[1]
804.2
The schedule of fees shall be available for inspection in the office of the Zoning Officer and may be altered or amended by the Board of Supervisors, by resolution.
804.3
Until all application fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal.
§ 805 Amendments.
The provisions of this ordinance and boundaries of zoning districts as set forth on the Official Zoning Map may from time to time be amended or changed by the Board of Supervisors in accordance with the provisions of the Pennsylvania Municipalities Planning Code,[1] as amended.
805.1
Procedure. The following procedures shall be observed prior to making any amendment or change of this ordinance or Official Zoning Map:
a.
Every such proposed change not initiated by the Planning Commission shall be referred to the Planning Commission at least 30 days prior to the Board of Supervisors holding a public hearing to provide the Planning Commission opportunity to submit recommendations.
b.
The recommendations of the Planning Commission shall be submitted in writing to the Board of Supervisors.
c.
At least 30 days prior to the public hearing, the Board of Supervisors shall submit the proposed amendment to the Chester County Planning Commission for recommendation. Within 30 days following enactment, a copy of the amendatory ordinance shall be forwarded to the Chester County Planning Commission.
d.
Proposed action shall not be taken until the Township Planning Commission and County Planning Commission recommendation is made. Provided, however, that in the event the Township Planning Commission and/or the County Planning Commission fail to provide the Township with written recommendations within 30 days of submission of the proposed amendment to said bodies, then the Board of Supervisors shall proceed without such recommendation(s).
e.
Landowner curative amendments.
(1)
A landowner who desires to challenge on substantive grounds the validity of an ordinance or map or any provision thereof 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 Supervisors with a written request that his challenge and proposed amendment be heard and decided as provided in Section 916.1 of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10916.1, as amended. The Board of Supervisors shall commence a hearing thereon within 60 days of the request provided in Section 916.1 of the Pennsylvania Municipalities Planning Code. The curative amendment and challenge shall be referred to the planning agency or agencies as provided in § 805.1.a. and 805.1.c. hereof and notice of the hearing thereon shall be given as provided in Section 610 and 916.1 of the Pennsylvania Municipalities Planning Code, 53 P.S. §§ 10610 and 10916.1. The hearing shall be conducted in accordance with § 902 hereof and all references therein to the Zoning Hearing Board shall, for the purposes of this section, be references to the Board of Supervisors.
(2)
In consideration of the landowner's curative amendment, the Board of Supervisors shall consider the plans and explanatory materials submitted by the landowner as well as the following factors: the impact of the proposed amendment upon roads, sewer facilities, water supply, schools and other public service facilities; if the proposal is for residential use, the impact of the proposal upon regional housing needs and the effectiveness of the proposal in providing housing units of a type actually available to and affordable by classes of persons otherwise unlawfully excluded by the challenged provisions of the ordinance or map; the suitability of the site for the intensity of use proposed by the site's soils, slopes, woodlands, wetlands, floodplains, aquifers, natural resources and other natural features, the degree to which these are protected or destroyed, the tolerance of the resources to development and any adverse environmental impacts; and the impact of the proposal on the preservation of agriculture and other land uses which are essential to public health and welfare.
(3)
The landowner's request for a curative amendment is denied when:
(a)
The Board of Supervisors notifies the landowner that it will not adopt the amendment; or
(b)
The Board of Supervisors adopts another amendment which is unacceptable to the landowner; or
(c)
The Board of Supervisors fails to act on the landowner's request, in which event the denial is deemed to have occurred on the 30th day after close of the last hearing on the request on which day the request is deemed to be automatically denied by the governing body absent extension of said time period by mutual agreement between the landowner and the Township.
f.
Procedure upon municipal curative amendments.
(1)
The Township, by formal action, may declare its Zoning Ordinance or portions thereof substantively invalid and propose to prepare a curative amendment to overcome such invalidity. Within 30 days following such declaration and proposal the Board of Supervisors shall:
(2)
Within 180 days from the date of the declaration and proposal, the Township shall enact a curative amendment to validate, or reaffirm the validity of, the Zoning Ordinance pursuant to the provisions required by Section 609 of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10609, to cure the declared invalidity of the Zoning Ordinance.
(3)
Upon the initiation of the procedures as set forth in Subsection 805.1.f(1), the Board of Supervisors shall not be required to entertain or consider any landowner's curative amendment filed under § 805.1.e nor shall the Zoning Hearing Board be required to give a report requested under Section 909.1 or 916.1 of the Municipalities Planning Code, 53 P.S. § 10909.1 or 10916.1, subsequent to the declaration and proposal based upon the grounds identical to or substantially similar to those specified in the resolution required by Subsection 805.1.f.(1). Upon completion of the procedures as set forth in Subsections 805.1.f(1) and (2), no rights to a cure pursuant to the provisions of § 805.1.e of this ordinance and 916.1 of the Municipalities Planning Code shall, from the date of the declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of the unamended Zoning Ordinance for which there has been a curative amendment pursuant to this section.
(4)
The Township having utilized the procedures as set forth in Subsections (1) and (2) may not again utilize said procedures for a thirty-six-month period following the date of the enactment of a curative amendment, or reaffirmation of the validity of its Zoning Ordinance, pursuant to Subsection (2); provided, however, if after the date of declaration and proposal there is a substantially new duty or obligation imposed upon the Township by virtue of a change in statute or by virtue of a Pennsylvania Appellate Court decision, the Township may utilize the provision of this section to prepare a curative amendment to its ordinance to fulfill said duty or obligation.
805.2
Notice of hearing and amendment.
a.
Before voting on the enactment of an amendment to this ordinance, the Board of Supervisors shall, by resolution adopted at a stated or special meeting, fix the time and place of a public hearing on the proposed amendment, which hearing shall be held pursuant to public notice. In addition, if the proposed amendment involves a Zoning Map change, notice of the said public hearing shall be conspicuously posted by the Zoning Officer at points along the perimeter of the tract sufficient to notify potentially interested citizens. Such posting shall be accomplished at least one week prior to the date of the hearing.
b.
Public notice of the proposed amendment shall include reference to the place within the Township where copies of the proposed amendatory ordinance may be examined; shall include either the full text of the amendatory ordinance or the title and a brief summary prepared by the Township Solicitor setting forth all of the provisions in reasonable detail; and shall be published in a newspaper of general circulation in the Township once each week for two successive weeks not more than 30 days nor less than seven days prior to the date of the hearing at which enactment will be considered.
c.
If the full text of the amendatory ordinance is not included in the advertised notice, a copy of the full text shall be supplied by the Township Secretary or Township Solicitor to a newspaper of general circulation in the Township and an attested copy of the proposed amendatory ordinance shall be filed by the Township Secretary or Township Solicitor with the Chester County Law Library.
d.
In the event substantial amendments are made to the proposed amendatory ordinance, the ordinance shall be readvertised and shall be the subject of public notice.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 806 Conditional use.
Nothing in this section shall be construed to relieve the owner or his agent, the developer, or the applicant for a conditional use approval from obtaining approval in accordance with the Township Subdivision and Land Development Ordinance, PRD Ordinance, or other applicable ordinances.
806.1
Application. Unless waived by the Board of Supervisors for good cause shown, an application for a conditional use permit shall be accompanied by a proposed plan showing the size and location of the proposed use, the location of all proposed buildings, and all proposed facilities, including access drives and parking areas. All streets within 200 feet of the property shall be shown.
806.2
Procedures for review.
a.
Application for a conditional use shall be filed with the Secretary of the Township on such forms as may be prescribed for said purpose. The application shall be accompanied with a fee as prescribed by the Board of Supervisors. The Secretary shall submit the application for recommendation to the Planning Commission. Upon receipt of application and proposed site plan when required, the Planning Commission shall review the conditional use request with the applicant at its next regularly scheduled meeting or at a special meeting at the discretion of the Planning Commission.
b.
If the Planning Commission does not render a decision within 30 days from the date that the application is forwarded, then it shall be deemed that the Planning Commission recommends disapproval of the application.[1]
c.
After review by the Planning Commission the Board of Supervisors shall hold a public hearing giving notice as required by law. The public hearing shall be held within 60 days from date the application was received. If after any public hearings the application is substantially amended or changed, the Board of Supervisors shall hold another public hearing pursuant to public notice. The vote on the conditional use shall be within 45 days after the last public hearing.[2]
806.3
Effect of conditional use approval. Any use for which a conditional use permit is granted shall be deemed to be a conforming use in the zoning district in which such use is located.
806.4
Criteria to be used. The following criteria shall be used as a guide in evaluating a proposed conditional use:
a.
It shall be the applicant's burden to persuade the Board by substantial evidence that the proposed use, when located on the property at issue, having all of the characteristics as proposed, and considering the present (or proposed) development and use of neighboring lands and the particular characteristics of the supporting public infrastructure, will not cause negative impacts of a type or to a degree not usually associated with uses of the proposed category located and operated in the usual manner.
b.
The size, scope, extent, and character of the conditional use desired shall be consistent with the spirit, purpose, and intent of this ordinance.
c.
Consideration of the character and type of development in the area surrounding the location for which the request is made, and a determination that the proposed change will constitute an appropriate use in the area and will not injure or detract from the use of surrounding properties or from the character of the neighborhood.
d.
The proposed use at the location in question would be in the public interest and best serve the public health, safety, morals, and general welfare.
e.
Consideration of the effects of the proposed change with respect to the most appropriate use of land; conserving building and property values; safety from fire, panic, and other dangers; adequacy of light and air; adequacy of public and community services.
f.
Submission of a fiscal impact study as follows:
(1)
With respect to any proposed use consisting of initially or in the aggregate five or more residential dwelling units or lots, or 5,000 square feet of gross floor area or more than 10 parking spaces to be devoted to nonresidential uses, the developer shall submit as an integral component of the conditional use application and the Board shall consider a fiscal impact statement reporting the results of a study of the fiscal impact of the proposed development on the Township of Uwchlan performed by a qualified professional and projecting the primary costs that will be incurred by the Township and the immediate revenues that will be generated to the Township as consequence of the proposed development permitted by conditional use. The fiscal impact study and analysis shall employ the Per Capita Multiplier Method in the case of proposed residential development and the Case Study Method in the case of proposed nonresidential development, as described in the most recent edition of the Practitioner's Guide to Fiscal Impact Analysis published by the Center for Urban Policy Research. Demographic information by housing type; average expenditures, including budgetary information and operating costs, and estimates of excess or deficient service capacity and expected local service responses, for use in the fiscal impact analysis shall be obtained from the Township staff. Conditional use approval shall not be granted unless any demonstrated adverse fiscal impact is proposed to be borne by the developer in the form of some combination of contributions, payments in lieu of taxes, and/or the provision of off-site public improvements and the developer offers in writing to accept a suitable condition to approval requiring it to so bear the demonstrated adverse fiscal impact.
(2)
In lieu of the submission of a fiscal impact study as described in this subsection, a developer may submit a written undertaking, in form satisfactory to the Township Solicitor, to make an unrestricted contribution to the Township at the time of application for building permits necessary to commence construction of the proposed development and in an amount promulgated from time to time by resolution of the Board of Supervisors.
(3)
The contributions and payments described in Subsections (1) and (2) of this section shall be in addition to and shall not be offset by any voluntary contributions or donations of the developer; on-site public or quasi-public improvements, including without limitation open space lands and active or passive recreation facilities, utilities and utility easements, and public or private roads; or improvements, whether on or off-site, necessary to implement the development proposal, including, without limitation, access highway improvements, including acceleration and deceleration lanes and traffic signals, access road widening, utilities and utility easements.
(4)
All unrestricted monies received by the Township pursuant to Subsections (1) and (2) above shall be maintained in a separate, interest bearing account (or alternative investment instrument), shall be expended only for the purpose of ameliorating the identified adverse fiscal impact of the developments concerning which the funds have been contributed, and shall be the subject of an annual report to the Board by the Township Secretary or Manager demonstrating compliance with this subsection.
g.
Sufficient land area available to be able to effectively screen the proposed conditional use from adjoining uses.
h.
Sufficient safeguards such as parking, traffic control, screening, and setbacks can be implemented to remove any potential adverse influences the use may have on adjoining uses.
i.
The written notification of abutting property owners.
j.
Uses shall meet the provisions and requirements of the Township Subdivision and Land Development Ordinance.
k.
Each applicant for conditional use approval shall establish the effect of the proposed development on the reserve capacity or level of service of the public roads and road intersections providing access to and in the area of the subject property. Conditional use approval shall not be granted if the proposed development is predicted to have the effect of materially increasing traffic congestion on the said roads or at the said road intersections.
l.
Should the applicant fail to complete such construction or alteration within a twelve-month period, the Board of Supervisors may, upon 10 days notice in writing, rescind or revoke the granted conditional use or the issuance of the permit, or permits, or the other action authorized to the applicant. If the Board of Supervisors finds that a good cause appears for the failure to complete within such twelve-month period, an extension may be granted.
m.
Each applicant for conditional use approval shall establish the effect of the proposed development on the availability of reliable, safe and adequate public water supply and sewer service to support the intended uses within the capacity of available water and sewer resources. Conditional use approval shall not be granted if the proposed development is predicted to have the effect of adversely affecting available public water and sewer service or the applicant fails to demonstrate that public water and sewer service is available.
n.
Each applicant for conditional use approval shall establish that the property is free of or has been remediated of environmental contamination and/or hazardous materials or waste by complying with §§ 402.f.8(e) and 511 of the Township Subdivision and Land Development Ordinance. Conditional use approval shall not be granted without compliance with this § 806.4.n.
[Added 1-8-2001 by Ord. No. 2001-01]
806.5
Conditions and safeguards. In granting a conditional use, the Board of Supervisors may attach such reasonable conditions and safeguards, in addition to those expressed in this ordinance, as it may deem necessary to implement the purposes of the Pennsylvania Municipalities Planning Code, Act 247 of July 31, 1968, 53 P.S. § 10101 et seq., as amended or revised, and this ordinance. The amendment of these conditions is expressly prohibited unless the applicant therefor establishes to the satisfaction of the Board of Supervisors by substantial evidence of record that the proposed amendment is justified by a material change in circumstances incident to the land itself.