To examine all applications for permits.

To issue permits only for construction and uses which are in accordance with the regulations of this chapter and as may be subsequently amended.

To record and file all applications for permits and accompanying plans and documents and keep them for public record.

To issue permits for uses by special exception, variances and conditional uses only after such uses or buildings and structures permitted in conjunction therewith are 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 appellate jurisdiction, subject to such conditions or stipulations contained in any such order.

To inspect nonconforming uses and structures and to keep a filed record as prescribed under § 84-61.

Upon the request of the Board of Supervisors or the Zoning Hearing Board, to present to such body facts, records and any similar information on specific requests to assist such body in reaching its decision.

To be responsible for the keeping up-to-date of this chapter and the Zoning Map, filed with the Township Secretary, and to include any amendments thereto.

To be responsible for the administration of the National Flood Insurance Program in the Township and specifically in those areas where records must be maintained relative to the types of land use permitted and occurring within any identified floodplain area, variances issued, base flood elevations, elevation of lowest floor, including basement, elevation to which a structure is floodproofed and other administrative functions necessary for participation in the National Flood Insurance Program.

To be responsible for ensuring that applicable provisions included in all other Township codes, ordinances and regulations are applied insofar as they are consistent with the Township's need to minimize the hazard and damage to persons and property which may result from flooding.

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 specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of this chapter.

The date before which the steps for compliance must be commenced and the date before which the steps for compliance must be completed.

That the recipient of the notice has the right to appeal to the Zoning Hearing Board within 30 days of the recipient's receipt of the enforcement notice.

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 which shall be clearly described. Such notice shall be served by certified or registered mail or personal service.

Any person who or which has violated or permitted the violation of any of the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $500, plus all court costs, including reasonable attorney fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or be payable until the date of the determination of a violation by the District Justice. In the event that any such person against whom a judgment has been rendered by the District Justice 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 District Justice 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 fifth day following the date of the determination of a violation by the District Justice, and, thereafter, each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney fees collected for the violation of this chapter shall be paid over to the Township of West Goshen.

Application for permits shall be made, in writing, on an appropriate form to the Zoning Officer and shall contain all information necessary for such officer to ascertain whether the proposed use of land, buildings or other improvements which are the subject of the application comply or shall comply with the provisions of this chapter and all other applicable Township ordinances and statutes of governing authorities having jurisdiction.

Applications for permits required under this chapter shall be submitted by the landowner or a designated representative thereof; however, responsibility for obtaining any required permit in compliance with this chapter and all Township ordinances and statutes shall be the responsibility of the property owner in title.

No permit shall be issued except in conformity with the provisions of this chapter and other existing Township ordinances and statutes, except upon written order of the Zoning Hearing Board, the Board of Supervisors or a court of competent jurisdiction, as applicable; provided, however, that permits issued pursuant to such written orders shall be subject to any conditions and stipulations contained in such orders.

In all instances in which the Zoning Officer has or expresses a reasonable doubt as to the ability of the proposed use or the land on which it is to be conducted or erected to meet all of the requirements of this chapter, any other applicable Township ordinance or statute, it shall be incumbent upon the applicant to furnish adequate evidence of compliance in support of its application. If the Zoning Officer determines that such adequate evidence has not been furnished, the zoning permit will be denied.

The parcel or parcels of land, buildings or structures or parts thereof for which an application is submitted shall be in full ownership of the applicant or proof of equitable ownership shall be furnished at the time of application.

Permits shall be granted or refused within 30 days from the date of application and shall be valid for a period not to exceed one year from the date of issuance. If construction is commenced under any such issued permit within such period, the Zoning Officer is authorized to extend the permit for a period not to exceed one additional year from the date of expiration of the initial one-year period. The Zoning Officer is authorized to revoke any building permit where there has been a cessation of construction work of more than six months.

No application is complete until all necessary documents have been filed and all fees have been paid.

Applications for zoning and building permits shall be accompanied by the following in the R-2, R-3 and R-4 Residential Districts: plans in duplicate drawn to scale and showing the following:

In all other zoning districts, the approved subdivision or land development plan.

A sign permit shall be required prior to the erection of any sign.

Application for permit shall be made in writing to the Zoning Officer designated by the Board of Supervisors and shall contain all information necessary for such officer to determine whether the proposed sign or the proposed alterations conform to all the requirements of this chapter.

Permits shall be granted or refused within 15 days from date of application.

No sign permit shall be issued except in conformity with the regulations of this chapter, except after written order from the Zoning Hearing Board or the courts.

All applications for sign permits shall be accompanied by plans or diagrams in duplicate and approximately to scale showing the following:

A permit shall be required prior to the erection or installation of any microwave antenna for satellite communication (microwave antenna).

The application process shall be in conformity with § 84-67A(2) through (7), inclusive.

All applications shall be accompanied by plans, in duplicate and to scale, showing:

Application for a certificate of use and occupancy shall be made as follows:

In addition to information required on the Township's standard application, the Zoning Officer may require the applicant to provide such additional information as the Zoning Officer shall require to determine whether the proposed use and occupation conforms to the provisions of this chapter.

The name and address of the applicant, the title owner and the equitable owner of the real estate affected.

The address, exact location, Chester County tax parcel number and metes and bounds description of the affected real estate.

Identification of the present zoning classification of the affected real estate, a narrative description of the improvements thereon and the present use thereof, which shall specify in each instance the square footage area of all existing improvements and all proposed improvements, including buildings, structures and street improvements.

Six copies of a plot plan of the affected real estate and all attachments thereto, prepared by a Pennsylvania licensed professional engineer or land surveyor, showing the location and size of the lot with reference to adjoining properties and landmarks, which shall be identified by name, tax parcel number and description, as applicable, and with reference to existing streets and rights-of-way. There shall be included and shown on the plan the location of all present and proposed buildings, streets, chives, parking lots, curb-cut accesses, parking lots and facilities, screening, fences and walls, existing or proposed water wells, sewage waste facilities, floodplains, wetlands and steep slopes. Steep slopes shall be identified by shading on the plan, differentiating between precautionary and prohibitive steep slopes. Topographical contour lines shall be shown at two-foot intervals.

In the case of an amendment other than that prepared by the Planning Commission, the Board of Supervisors shall submit each such amendment to the Township Planning Commission and to the Chester County Planning Commission at least 30 days prior to conducting a public hearing on the proposed amendment to provide each with the opportunity to submit recommendations.

The recommendations of the Township Planning Commission shall be submitted, in writing, to the Board of Supervisors. No public hearing shall be conducted until the Township Planning Commission and Chester County Planning Commission recommendations are made; provided, however, that if either fails to act within the requisite period, the Board of Supervisors may, at its discretion, proceed without such recommendations.[4]

A landowner who desires to challenge on substantive grounds the validity of this chapter or the Township Zoning Map[5] or any provision thereof which prohibits or restricts the use or development of land in which the applicant has an interest may submit such challenge, together with a request for 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 MPC Section 916.1.[6] The proposed amendment shall be accompanied by six copies of the plans, attachments, and explanatory materials describing the use or development proposed by the landowner in lieu of the use or development permitted by this chapter or the Zoning Map. Such plans shall be sufficiently specific so as to provide reasonable notice of the proposed use or development and a sufficient basis for evaluating the challenged provision of this chapter or Map in conjunction with such plans. The Board shall commence a hearing thereon within 60 days after the request is filed. The curative amendment and challenge shall be referred to the Township Planning Commission and Chester County Planning Commission as provided in § 84-70D(1) hereof, and public notice of the hearing thereon shall be given and shall include notice that the validity of this chapter or Map is in question and identify the place where and times when a copy of the request, plans, materials and proposed amendment may be examined by the public. The hearing shall be conducted in accordance with MPC Section 908(4) through (8),[7] and all references therein to the Zoning Hearing Board shall, for purposes of this section, be references to the Board of Supervisors.

In consideration of the landowner's curative amendment, the governing body shall consider the plans and explanatory materials submitted by the landowner as well as the following factors:

If the Board of Supervisors determines that a validity challenge has merit, it may accept the landowner's curative amendment, with or without revision, or may adopt an alternative amendment which will cure the challenged defects.

The landowner's request for a curative amendment is denied when:

If the Township determines that this Zoning Ordinance or any portion hereof is substantially invalid, it shall take the following actions:

Within 180 days from the date of the declaration and proposal, the Board of Supervisors shall enact a curative amendment to validate or reaffirm the validity of this chapter in order to cure the declared invalidity of this chapter.

Upon initiation of the procedures set forth in this subsection, neither the Board of Supervisors nor the Zoning Hearing Board shall be required to entertain or consider any landowner's curative amendment filed under MPC Section 609.1, 909.1 or 916.1[9] subsequent to the declaration and proposal based upon the grounds identical to or substantially similar to those specified in the resolution required by Subsection E(1)(b)[1] of this § 84-70. Upon completion of the procedures as set forth in Subsection E(1) and (2) of this § 84-70, no rights to a cure pursuant to the provisions of MPC Sections 609.1 and 916.1[10] shall, from the date of the declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of this unamended chapter for which there has been a curative amendment pursuant to this section.

Following the date of the enactment of a curative amendment or reaffirmation of the validity of this chapter pursuant to Subsection E(1) and (2), the Township may not again utilize this procedure for a thirty-six-month period; provided, however, that 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 provisions of this section to prepare a curative amendment to this chapter to fulfill said duty or obligation.

Before voting on the enactment of an amendment to this chapter, the Board of Supervisors shall 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 said public hearing shall be conspicuously posted by the Zoning Officer at points along the perimeter of the lot or tract sufficient to notify potentially interested citizens. Such posting shall be accomplished at least one week prior to the date of the hearing. In addition to the requirement that notice be posted on the property, if the proposed amendment involves a Zoning Map change, notice of the public hearing shall be mailed by the Township at least 30 days prior to the date of the hearing by first class mail to the addresses to which real estate tax bills are sent for all real property located within the area being rezoned, as evidenced by tax records within the possession of the Township. The notice shall include the location, date and time of the public hearing. This public notice shall not be required when the rezoning constitutes a comprehensive rezoning of the Township.

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 and 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.

If the full text of the amendatory ordinance is not included in the public 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.

In the event that substantial amendments are made to the proposed amendatory ordinance, the ordinance shall be readvertised no less than 10 days prior to enactment.