West Caln Township City Zoning Code
ARTICLE XVI
Administration and Enforcement
§ 350-1600 Purpose and application.
The purpose of this article is to outline the procedures and regulations by which this chapter shall be administered. The procedures for obtaining and regulating permits, enforcing this chapter, and the responsibilities of the Township Zoning Officer are included herein. Procedures for amending this chapter are contained in Article XVIII, Amendments. No land shall be used or occupied, and no building or structure shall be created, altered, used or occupied, except in conformity with the regulations herein established for the district in which such land, building, or structure is located, as well as all other applicable standards.
§ 350-1601 Zoning Officer.
A.
The Township Zoning Officer shall be appointed by the Board of Supervisors at its annual re-organization meeting, for a term of one year, and may thereafter be appointed annually to serve for a term of one year. The Township may also appoint a designated Associate Township Zoning Officer to assist with the duties of the Township Zoning Officer. The Township Zoning Officer shall not hold any elective office in the Township and shall meet the qualifications established by the Board of Supervisors. The Township Zoning Officer's duties shall include but not be limited to the following:
(1)
To 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 the provisions of this chapter.
(2)
To enforce all provisions of this chapter and all amendments thereto, and to institute civil enforcement proceedings as a means of enforcement when acting within the scope of his duties.
(3)
To receive, examine, and oversee processing of all applications for permits, referring applications to the Planning Commission when deemed advisable, and issue permits only when there is compliance with the provisions of this chapter and with other Township ordinances.
(4)
To issue permits for uses by special exception, variances and conditional uses only upon written order and only after such uses or buildings and structures permitted in conjunction therewith are reviewed, ordered and approved by the Zoning Hearing Board or the Board of Supervisors, as applicable, in accordance with the regulations of this chapter or as directed by a competent court of jurisdiction, subject to such conditions or stipulations contained in any such order.
(5)
To issue building, use and occupancy permits in accordance with the terms of this chapter.
(6)
To conduct inspections and surveys to determine compliance or noncompliance with the terms of this chapter.
(7)
To issue stop, cease and desist orders and to require, in writing, correction of all conditions found to be in violation of the provisions of this chapter. Such written orders shall be served personally or by certified mail upon persons, firms or corporations deemed by the Township 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 Township Zoning Officer, and any person violating such order shall be guilty of a violation of this chapter.
(8)
To keep an official written record of all business and activities, including complaints of a violation of any of the provisions of this chapter and of the subsequent action taken on each such complaint. Record and file all applications for permits with accompanying plans and documents which shall be matters of public record and make such timely reports as the Board of Supervisors may require.
(9)
To maintain or cause to have maintained an Official Township Zoning Map showing the current zoning classification of all land in the Township.
(10)
To administer the National Flood Insurance Program within West Caln Township and specifically in those areas where records must be maintained relative to the types of land use permitted which occur within any floodplain district, where any variances are issued, and any other administrative functions necessary for participation in the National Flood Insurance Program, administered by the Federal Emergency Management Agency.
§ 350-1602 Enforcement notice.
A.
If it appears to the Township that a violation of any provision of this chapter or any amendment thereto, the Board of Supervisors through the Township Zoning Officer shall initiate enforcement proceedings by sending notice thereof, as provided herein.
B.
By means of the enforcement notice, the Township Zoning Officer may order discontinuance of illegal use of the land or structures, removal of illegal structures thereto, or discontinuance of any illegal work being done.
C.
The enforcement notice shall be sent by certified mail 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 such a notice regarding that parcel, and to any other person requested, in writing, by the owner of record of the parcel.
D.
The enforcement notice shall state, at least, the following:
(1)
The name of the owner of record and any other person against whom the Township intends to take action.
(2)
The location of the property in violation, including tax parcel number.
(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 the procedures set forth in Article XVII, Zoning Hearing Board.
(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.
§ 350-1603 Causes of action.
A.
Whenever a violation of this article 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 Township Zoning Officer who shall record such complaint, investigate, take action thereon as provided by this article and report to the Board of Supervisors regarding the complaint and the action thereon.
B.
In case 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 ordinance enacted under Act 247, as amended, the Board of Supervisors or the Township Zoning Officer or any aggrieved owner or tenant of the real property who shows that the property in question or a 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 a building, structure, landscaping, or land, or to prevent, in or about such premises, any act, conduct, business, or use constituting a violation. 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 to the Board of Supervisors. No such action may be maintained until such notice has been given.
§ 350-1604 Enforcement remedies.
Any person, partnership, or corporation who or which has violated or permitted the violation of the provisions of this chapter shall, upon being found liable therefore in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $500, plus all court costs, including reasonable attorney's 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 Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Pennsylvania Rules of Civil Procedure. 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 such person violating this chapter to have believed that there was no such violation. In that latter event, there shall be deemed to have been only one such violation until the 5th 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. All judgments, costs and reasonable attorney's fees collected for the violation of this chapter shall be paid over to the Township within 30 days or as set forth in the associated proceedings.
§ 350-1605 Fees.
A.
Fees for application for permits, including zoning, building, grading, demolition, use and occupancy, sign, or similar permits shall be paid in accordance with a fee schedule adopted, and be revised, as necessary, by resolution of the Board of Supervisors and shall not be considered an amendment to this chapter. The schedule of fees shall be posted in the Township Building and may be altered or amended only by the Board of Supervisors.
B.
No action shall be taken on any application for any conditional use, special exception, variance, validity challenge, curative amendment, and petition for a zoning change or appeal until all application fees, charges and expenses have been paid in full. Required fees shall accompany the application.
§ 350-1606 Use and occupancy permit requirement.
A.
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.
B.
It shall be unlawful for any person to use or occupy any building or other structure or land until a certificate of occupancy has been duly issued.
§ 350-1607 Application for use and occupancy permit.
All applications for a use and occupancy permit shall be made, in writing, by the landowner or his authorized agent on forms furnished by the Township and shall include all information necessary to enable the Township Zoning Officer to ascertain compliance with this article. All applications shall be accompanied by:
A.
One copy of the approved land development and/or plot plan together with any other data and information required by the Township Zoning Officer to evaluate compliance with this chapter and other existing regulations.
B.
One copy of the architectural plans for any proposed building or structure under application.
§ 350-1608 Issuance of use and occupancy permit.
A.
No use and occupancy permit shall be issued until the Township Zoning Officer has certified that the proposed use complies with all provisions of this chapter and all other ordinances, regulations and codes of the Township, the county and the state, and has inspected the property to confirm compliance.
B.
Within 15 days after receipt of the application, the Township Zoning Officer shall either approve or disapprove the application and notify the applicant accordingly. If the application is disapproved, the Township Zoning Officer shall provide to the applicant, in writing by certified mail, the reasons for the disapproval.
C.
Upon approval of an application, the Township Zoning Officer shall issue a certificate of use and occupancy to the applicant for the use indicated on the approved application.
D.
Upon request, a temporary use and occupancy permit may be issued by the Township Zoning Officer for a period not exceeding six months during alterations or partial occupancy of a building pending its completion, provided that such a temporary permit may require conditions and safeguards needed to protect the occupants and the public.
§ 350-1609 Issuance or refusal of permits.
If the Township Zoning Officer determines that an application is in compliance with the provisions of this chapter, it shall be his/her duty to issue the appropriate permit. If the Township Zoning Officer determines that an application is not in compliance with the provisions of this chapter, it shall be his/her duty to refuse the permit, in writing, indicating the reasons for such refusal, in which case he/she shall instruct the applicant in the method of appeal or application to the Zoning Hearing Board or the Board of Supervisors, whichever is applicable. In the case of a refusal of a permit, the Township shall not issue a refund of permit application fees. No permit shall be issued to any applicant until any and all fees incurred which are payable to the Township are paid in full. All applicants for permits shall be given written notice of the status of the applications within 10 days.
§ 350-1610 Conditional use process.
A.
Intent. This section provides for certain uses to be permitted within the Township as conditional uses. These uses may not be appropriate at every location within a zoning district, and accordingly, the Board of Supervisors has established standards and procedures by which to evaluate and decide upon conditional use applications. It is intended that these uses, which have the potential for substantial impact upon the community, shall comply with the regulations hereinafter set forth. The Board of Supervisors shall have the power to approve conditional uses.
B.
Content of conditional use application.
(1)
All applications for conditional use approval, where permitted, shall be filed with the Township Zoning Officer, on such forms prescribed for that purpose, who shall review all required materials submitted for completeness and shall include the application form, required filing fee, and the following information:
(a)
Name and address of the applicant.
(b)
Name and address of the owner of the real estate to be affected by the proposed conditional use application.
(c)
Description and location of the real estate on which the conditional use is proposed, including the tax parcel number.
(d)
Statement of the present zoning classification, present land use, and existing improvements for the real estate in question.
(e)
Statement of the section of this chapter authorizing the proposed conditional use.
(f)
Description of the proposed use and site improvements.
(g)
Identification as to the age of the structure(s) in question, if it is 50 years or older.
(2)
The application for conditional use shall be accompanied by a proposed site plan to include the following information:
(a)
Site plan shall be drawn to a scale of one inch equals 100 feet or the most detailed scale possible on a minimum of an 8.5 by 11 inch paper size to a maximum of a 30 by 36 inch paper size.
(b)
Location, dimensions, use, coverage, and height of proposed buildings and proposed improvements in relation to property and street lines.
(c)
Dimensional features showing compliance with the applicable area, width, coverage, yard, and design standards as specified in this chapter.
(d)
Location, dimension, and arrangements of proposed facilities including sidewalks, parking areas, site access, and interior circulation, off-street loading and unloading, and lighting for these areas.
(e)
Location, dimensions, and arrangement of all areas devoted to open space, ground cover, trees, plantings, recreation, and all natural resources such as, but not limited to, wetlands, woodlands, steep slopes, and floodplains.
(f)
Provisions for handling of stormwater drainage, treatment and disposal of sewage, supply of water.
C.
Review procedures for conditional uses.
(1)
When such application is complete in all respects and all fees required thereunder are paid, the Township Zoning Officer shall transmit the contents of the entire application to the Board of Supervisors. If the Board of Supervisors deems the application acceptable, the Township shall establish a hearing date as per this section and shall request a review by the Planning Commission of said application. Other planning and government agencies may also be asked to comment upon the content of the conditional use application. The Planning Commission shall perform a review within 45 days of the date of submittal and provide a report to the Board of Supervisors concerning the grant of approval or disapproval of the proposed use. The Planning Commission is to submit a recommendation to the Board of Supervisors prior to the date of hearing on the application.
(2)
Hearing. The Board of Supervisors shall hold hearings on and decide requests for conditional uses in accordance with criteria under this section. The hearing shall be conducted by the Board of Supervisors or they may appoint any member or an independent attorney as a hearing officer. The decision, or, where no decision is called for, the findings shall be made by the Board of Supervisors. However, the appellant or the applicant, as the case may be, in addition to the Township, may, prior to the decision of the hearing, waive decision or findings by the Board of Supervisors and accept the decision or findings of the hearing officer as final. The Township shall schedule a hearing for public review and comment on the conditional use application. Such hearing shall be in accordance with Section 908(1.2) of Act 247, as amended and the following procedures:
(a)
The Board of Supervisors shall render a written decision or, when no decision is called for; make written findings on the conditional use application within 45 days after the last hearing before the Board of Supervisors. Where the application is contested or denied, each decision shall be accompanied by findings of fact or conclusions based thereon, together with any reasons for the decision. Conclusions based on any provisions of Act 247, as amended, or of any ordinance, rule, or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in light of the facts found.
(b)
Where the Board of Supervisors fails to render a decision within 45 days or fails to commence, conduct or complete the required hearing as provided in Act 247, Section 908(1.2), the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time. Where a decision has been rendered in favor of the applicant because of the failure of the Board of Supervisors to meet or render a decision as herein above provided, the Board of Supervisors shall give public notice of said decision within 10 days from the last day the Board of Supervisors could have met to render a decision, as per Act 247, as amended. If the Board of Supervisors shall fail to provide such notice, the applicant may do so.
(c)
Nothing in this Subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction. A copy of the final decision shall be delivered to the applicant and the parties before Board of Supervisors personally or mailed to them no later than the day following the date of the decision.
(d)
Appeals from a determination of Board of Supervisors pursuant to any conditional use application shall be only as prescribed within such times permitted by the applicable provisions of Act 247, as amended.
(3)
Review standards for conditional use approval. In allowing a conditional use, the Board of Supervisors may attach reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter. In granting or denying an application for conditional use, the Board of Supervisors shall evaluate and decide requests based on the degree of compliance with the following conditions, in addition to such other requirements and standards as may be required by law and other provisions of this chapter. The applicant shall be responsible for demonstrating compliance with standards and criteria, as follows, required for conditional use approval.
(a)
The proposed use is consistent with the purposes of this chapter as contained in Article I, the purposes of the district in which it is located, the goal and objectives of the Comprehensive Plan (1998), and the proposed use will satisfy all of the relevant provisions and requirements of Chapter 300, Subdivision and Land Development, and any other applicable ordinance, code and/or regulations.
(b)
The proposed use shall be limited to those authorized as conditional uses within the zoning district in which the lot or parcel is located.
(c)
The compatibility of the proposed use with existing and foreseeable nearby uses so that the proposed use is located in an area or areas for which the lot is suited, is consistent with the nature of land uses existing on immediately adjacent properties, and will be designed, constructed, and maintained in a manner which complements the appearance and character of the neighborhood. The availability of alternative sites for the proposed use, the necessity for the proposed use on the site in question if viable alternative sites exist and whether the proposed use on the site in question has identified detriments.
(d)
If the development is to be carried out in successive stages, each stage shall be so planned that the condition and intent of this chapter shall be fully complied with at the completion stage.
(e)
If containing more than one building, the development will consist of a harmonious grouping of buildings or other structures.
(f)
The proposed conditional use, if approved, will not adversely affect the public health, safety, morals and the general welfare of the residents and property owners of West Caln Township.
(g)
The effect of the proposed use upon the public services, such as water, sewer, police, fire protection, recreational opportunities, open space, and public schools, or alternatively, the lack of availability of connection to such systems. Sanitation and public safety provisions shall be adequate and sufficient evidence of adequacy of sewage and water facilities from a governmental health agency shall be provided where required or deemed necessary.
(h)
The overall environmental impact of the proposed use upon the proposed site, the watershed and the surface water drainage effects on all downstream properties, and that the proposed use will be sited in a manner sensitive to existing site conditions including streams, vegetation, and other natural resources. The proposed use will be developed using effective stormwater management techniques and soil erosion and sedimentation control techniques.
(i)
The potential physical impact of the proposed use upon the neighborhood and upon nearby streets, roads, and highways, in terms of vehicular traffic and pedestrian safety, and that the proposed use will provide safe and adequate access to roads, existing or proposed, and will not result in excessive traffic volumes or will make any improvements needed to guarantee compatibility with adjacent streets and public services. The interior traffic circulation for the proposed use and access to rights-of-way shall provide safe and convenient circulation and access for all users including vehicular and pedestrian modes. Emergency design considerations will be addressed in the proposed plan.
(4)
Nothing in this section shall be construed to relieve the applicant for a conditional use approval from obtaining other required approvals mandated by Chapter 300, Subdivision and Land Development, and any other applicable Township, state and federal regulations.
(5)
If the Board of Supervisors approves the conditional use application and site plan, such approved plan shall accompany any application for subdivision of land or land development as prescribed by Chapter 300, Subdivision and Land Development, in addition to the requirements normally required and any application for a building permit.
(6)
Any grant of conditional use approval shall be deemed null and void six months after the date of such approval, if within that period, no application is made for a building permit, a use and occupancy permit, or a subdivision or land development approval, as appropriate, unless the Board of Supervisors shall grant an extension upon application for an additional six-month period. Applicable fees for such extension to a permit shall be stated in the fee schedule adopted by resolution by the Board of Supervisors.
§ 350-1611 Municipal liabilities.
The granting or denial of any permit under this chapter shall create no liability upon, nor a cause of action against, any Township official or employee for damages or injury that may occur from the development, use, construction, enlargement, or other modification of structures or the use of land.
§ 350-1612 Zoning use approval.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
Definitions. The term "building," as used in this section, shall include the definition set forth in § 350-201, Definitions, of this chapter and includes any structure which is intended for the support, shelter or enclosure of persons, animals, chattels or property of any kind.
B.
Determination of permitted uses. Prior to the occupancy, use or change in use of land and prior to the occupancy, use or change in use of any building or portion thereof, there shall be a determination by the West Caln Township Zoning Officer that the intended use of the land and/or building or portion thereof is a permitted use pursuant to the terms and provisions of this chapter as amended from time to time, as regards to use regulations, yard, area and height regulations, special regulations, special development regulations, landscaping regulations, sign regulations, off-street parking and loading requirements, performance requirements and waste storage and disposal requirements.
C.
Issuance of zoning use approval.
(1)
Upon written request by the owner of any land or building and the payment of the required fee, the Zoning Officer shall issue a zoning use approval for any land or building or portion thereof which complies with the requirement of § 350-1612B of this chapter.
(2)
All written requests for zoning use approval shall be accompanied by a permit fee in the amount as set forth from time to time by resolution of the Board of Supervisors.
(3)
A zoning use approval required by this chapter shall be in addition to any and all other approvals required by the ordinances of the Township of West Caln prior to the occupancy, use or change in use of any land or building or portion thereof.