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West Vincent Township
City Zoning Code

ARTICLE XXVIII

Administration

§ 390-209 Application of regulations.

Hereafter, no land shall be used or occupied, and no building or structure shall be erected, altered, demolished, used or occupied, except in conformity with this chapter and as it may be from time to time amended. Nothing set forth in this chapter shall be construed or interpreted as being inconsistent with any state or federal law that is preemptive of the Township's zoning authority. To the extent of any inconsistency with a state or federal law that is preemptive of the Township's zoning authority, the preemptive state or federal law shall control.

§ 390-210 Administration.

The provisions of this chapter shall be administered by the person(s) designated by the Board of Supervisors as the Zoning Officer and the Building Inspector.

§ 390-211 Zoning Officer.

The Zoning Officer shall have all the duties and powers conferred by this chapter in addition to those reasonably implied for that purpose. He shall not issue a permit or certificate in connection with any proposed erection, construction, alteration, extension, replacement and/or use of any building, structure, sign and/or land unless it first conforms with the requirements of this chapter and all other ordinances of the Township. The duties of the Zoning Officer shall include:
A. 
Receive and examine all applications for permits for the erection, construction, alteration, extension, replacement and/or use of any building, structure, sign and/or land in the Township.
B. 
Issue permits for uses, changes in use, signs, and authorized variances or special exceptions after approval by the Zoning Hearing Board or when directed by a court of competent jurisdiction in accordance with this chapter.
C. 
Record and file all applications for permits, accompanying plans and documents; all permits and certificates issued; reports of inspections, notices and orders issued. All information shall be matters of public record.
D. 
Report all violations of this chapter to the Board of Supervisors and issue orders to cease and desist to all violators.
E. 
Maintain an official record of all business and activities associated with the administration of this chapter, including complaints of violations of any of the provisions of this chapter and of the action taken on each such complaint.
F. 
Make site inspections as needed to fulfill the duties required by this chapter.
G. 
Maintain an official copy of the Zoning Ordinance and the Zoning Map and all amendments thereto.
H. 
Upon the request of the Board of Supervisors, Planning Commission, or the Zoning Hearing Board, present such bodies facts, records, and any similar information or specific requests to assist such bodies in reaching decisions.
I. 
Any other related duties which may be required from time to time by the Board of Supervisors.

§ 390-212 Permits issued by Zoning Officer.

A. 
Zoning or use permits. A zoning or use permit shall be required prior to the initial use of land or structure, change in the use thereof, or the change in use or extension of a nonconforming use. It shall be unlawful for any person to use land or a structure or change the use thereof without a zoning or use permit duly issued therefor.
B. 
Application for zoning or use permits. All applications for zoning permits shall be made to the Zoning Officer in writing on such forms furnished by the Township and shall include the following information:
(1) 
Existing and proposed use of the building, structure or lot.
(2) 
Evidence of receiving special exception or variance approvals for the proposed use or change, if applicable.
(3) 
A title report on the property to ascertain the existence of any deed restrictions, covenants, easements or other restrictions on the use or development of the property.
(4) 
Any additional plans, documents and information as may be required to enable the Zoning Officer to ascertain compliance with this chapter.
C. 
Sign permits. A sign permit shall be required prior to erection, alteration or enlargement of any sign, sign structure or any portion thereof, provided that all requirements of Article XXI are met.
D. 
Application for sign permits. An application for a sign permit shall be made to the Zoning Officer according to the procedures contained in § 390-133 of this chapter.
E. 
Issuance of zoning and sign permits. It shall be the duty of the Zoning Officer to either issue or deny issuance of a zoning or sign permit within 15 days of the filing of a completed application and payment of prescribed fees. The Zoning Officer shall issue a permit only upon his determination that the application is in compliance with the terms of this chapter. If the application or plans do not conform to the provisions of this chapter, the Zoning Officer shall deny such application in writing to the applicant, stating the reasons therefor.
F. 
Building permits. A building permit shall be required prior to the erection, alteration, enlargement, or demolition of any building or other structure or portion thereof. It shall be unlawful for any person to commence work for the erection, alteration, enlargement, or demolition of any building or structure or portion thereof until a permit has been duly issued therefor.
G. 
Application for building permits. All applications for building permits shall be made to the Zoning Officer in writing on such forms furnished by the Township. An application for building permit shall be accompanied by an approved zoning permit; evidence of subdivision and/or land development approval, including any conditions for approval thereof; erosion and sedimentation control plan; stormwater management plan; water and sewer permits; and any additional information as may be required to enable the Zoning Officer to ascertain compliance with the applicable Township codes and ordinances.
H. 
Issuance of building permits.
(1) 
It shall be the duty of the Zoning Officer to either issue or deny issuance of building permits within the time period prescribed by the applicable provisions of the (UCC) Uniform Construction Code. He shall issue a permit only upon his determination that the application is in compliance with this chapter and other applicable Township codes and ordinances.
(2) 
Prior to the issuance of any building permits on lots or parcels created as part of an approved subdivision or land development plan, any proposed roads providing access to the site shall be improved to at least a gravel/stone surface or the base course completed as required by § 315-44A(1) through (5) of Chapter 315, Subdivision and Land Development, of the Code of the Township of West Vincent.
(3) 
No building permit shall be issued for any building in any subdivision or land development until the final plan for the said subdivision or land development has been approved and recorded as provided for and until the terms of § 315-28A of Chapter 315, Subdivision and Land Development, have been satisfied.
(4) 
No building permit shall be issued until a copy of the title report to the lot has been submitted to the Township.
(5) 
All markers as required by § 315-35 of Chapter 315, Subdivision and Land Development, of the Code of the Township of West Vincent shall be installed prior to issuance of any building permit for a lot.
(6) 
Where final subdivision or land development approval has been conditioned upon the submission and approval of individual lot grading plans for some or all of the lots, no building permit shall be issued for construction on any such lot until this condition has been complied with.
(7) 
Building permits shall expire six months from their date of issuance unless construction has commenced or an extension has been granted by the Board of Supervisors.

§ 390-213 Building Inspector.

The duties of the Building Inspector shall be:
A. 
To examine all applications for permits to build, alter or demolish to determine compliance with the Township Building Code (the Uniform Construction Code), as adopted by the Township.
B. 
To issue certificates of occupancy after satisfactory inspection of the building or premises is completed, subject to changes or approval by the Board of Supervisors.
C. 
To record and file all applications for permits and certificates and accompanying plans and documents and keep them for public record.
D. 
To enforce the Township Building Code (Uniform Construction Code), as adopted by the Township.

§ 390-214 Permits issued by Building Inspector.

A. 
Certificate of occupancy. It shall be unlawful for any person to initially occupy any new building or any building which has undergone alterations, additions or renovations, until a certificate of occupancy has been duly issued therefor. Such certificates shall also be required for the change in use, tenants or owners, or sale of any nonresidential building or structure, as well as the occupancy of any building for which a building permit is required.
B. 
Application for certificates of occupancy. Application for the certificate of occupancy shall be made to the Building Inspector on such forms furnished by the Township.
C. 
Issuance of certificates of occupancy.
(1) 
A certificate of occupancy for which application has been made shall not be issued until completion of the construction work authorized by the building permit and, in the case of a lot created by subdivision, the placement of permanent monuments or pins as required by Chapter 315, Subdivision and Land Development, of the Township's Code. Upon notification by the applicant that the construction work has been completed, the Building Inspector shall conduct a final inspection and shall either issue or deny the certificate of occupancy within 15 days of notification.
(2) 
In the case of a lot or parcel created as part of an approved subdivision plan, no certificate of occupancy permit for any buildings on the lot shall be issued until the following activities have been completed and approved by the Township Engineer:
(a) 
The placement of applicable monuments or corner pins as required by Chapter 315, Subdivision and Land Development, of the Township's Code; and
(b) 
The paving of any roads necessary to access the property with an all-weather surface (i.e., at least a binder course) in accordance with the standards of § 315-44A(6) of Chapter 315, Subdivision and Land Development, of the Code of the Township of West Vincent.
(3) 
It shall be the duty of the applicant for a building permit to secure the issuance of the required certificate of occupancy by giving notice of completion as required in Subsection C(1) above, notwithstanding the fact that he or she may be constructing the building, structure, addition or alteration for the use of another, and further to notify such proposed occupants of the requirements of this section prior to the transfer of ownership or commencement of leasehold of the property.

§ 390-215 General permit requirements.

The following regulations shall apply to all permit applications:
A. 
Conformity. No permit or certificate shall be issued 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 and other Township codes and ordinances.
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 or Building Inspector 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. 
Denial of permit. If an application or plans do not conform to the provisions of this chapter and other applicable Township codes and ordinances, the Zoning Officer or Building Inspector shall deny such permit and forward such decision in writing to the applicant along with his right to appeal to the Zoning Hearing Board per § 390-224A of this chapter in the event such application is denied.
E. 
Temporary permits.
(1) 
Upon request of an applicant, a temporary certificate of occupancy may be issued before the entire work covered by the building permit shall have been completed, provided such uncompleted portion or portions may be used and/or occupied safely prior to full completion of the work required without endangering life or public welfare.
(2) 
A temporary zoning or use permit or certificate of occupancy shall be required for such temporary uses as circuses, outdoor concerts, festivals and carnivals, flea markets, temporary religious or other public or quasi-public purposes, and similar temporary uses and/or occupancy. Any tents or canopies used or erected shall be fire retardant. All applications for such temporary uses shall indicate the date of the event, any rain dates, hours of operation, expected number of attendees or participants;, type of Township services required (e.g., traffic control, special police, etc.), and verification of county, state or federal approvals (e.g., Chester County Health Department, Pennsylvania Department of Labor and Industry).
(3) 
Such temporary permits or certificates shall be for the period of time to be determined by the Zoning Officer or Building Inspector but in no case for a period exceeding six months.
F. 
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.
G. 
Display of permits. A building permit, when issued, shall be displayed conspicuously upon the premises during the entire period of construction. Zoning permits, sign permits, and certificates of occupancy need not be displayed but shall be maintained on the premises and available for public inspection.
H. 
Revocation of permits. The Zoning Officer or Building Inspector may revoke a permit or approval issued under the provisions of this chapter 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 chapter.
I. 
Changes. After the issuance of a building permit by the Zoning Officer, no changes of any kind shall be made to the application, permit or any of the plans, specifications or other documents submitted with the application without the written consent or approval of the Zoning Officer. Requests for any such change shall be in writing and shall be submitted by the applicant to the Zoning Officer for consideration.

§ 390-216 Enforcement.

this chapter shall be enforced by the Zoning Officer of the Township. The Building Inspector shall enforce the Township Building Code (UCC Uniform Construction Code) as adopted by the Township. Whenever a violation of this chapter or Township Building Code occurs or is alleged to have occurred, any person may file a written complaint. Such complaint, stating fully the causes and basis thereof, shall be filed with the Zoning Officer in regard to zoning and sign violations and the Building Inspector in regard to building and occupancy violations. The Zoning Officer or Building Inspector shall record properly such complaint, immediately investigate and take action thereon as directed by the Supervisors and as permitted by this chapter, the Township Building Code, and the Second Class Township Code.

§ 390-217 Schedule of fees.

The Board of Supervisors shall establish by resolution a schedule of fees, charges and expenses for permits, appeals to the Zoning Hearing Board, curative amendment hearings and other matters pertaining to the administration of this chapter. Said schedule of fees shall be available from the Township Secretary/Treasurer and Zoning Officer and application for permits or hearings shall be considered incomplete until payment in accordance therewith has been made.

§ 390-218 Municipal liability.

[Amended 8-21-2017 by Ord. No. 179]
The granting of any permit under this chapter by the Township Zoning Officer or Building Inspector shall not constitute a guarantee or warranty of any kind by the Township or its officials, employees, or appointed professionals as to any manner of injury resulting from such use, erection, alteration, or extension, and shall create no liability upon or cause of action against such officials, employees or appointed professionals for damages or injury that may occur.

§ 390-219 Conditional uses.

Where permitted within the district regulations of this chapter, conditional uses shall comply with the following procedures:
A. 
Application.
(1) 
An application for conditional use approval shall be accompanied by three copies of the proposed plans showing the size and location of the proposed use, all existing and proposed buildings and all proposed accessory facilities, including roads, access drives, parking areas, and natural features within 500 feet of the subject property, and all tax parcels and owners' names within 500 feet of the subject property. In addition, the application shall be accompanied by such information in graphic and/or narrative form, to demonstrate compliance with all applicable standards to be met. Feasibility of water supply, sanitary sewage disposal, and storm drainage control should be demonstrated but need not be fully engineered.
(2) 
Conditional use approval shall be required for any new uses, new construction, and the addition, enlargement or change in use or the increase in the level of activity or area of a previously approved conditional use.
(3) 
As part of the application for conditional use approval, the applicant may be required to provide the following additional information, as deemed appropriate by the Township Engineer or Board of Supervisors:
(a) 
Site photos.
(b) 
Soils report and a stormwater management feasibility report.
(c) 
Cross sections of streams or floodplains, high water table elevation, topographic profiles.
(d) 
Specifications and design for building materials, construction methods, any floodproofing, and building elevations.
(e) 
Specifications and design of cut-and-fill areas, grading and landscaping.
(f) 
A description of utilities and a water supply and sanitary sewage facilities feasibility report.
(g) 
Erosion and sedimentation controls, computation of any increase in flood heights or runoff characteristics.
(h) 
Listing of all required federal, state and local permits required.
(i) 
Engineer-certified design for foundations, floodproofing and associated requirements.
(j) 
Traffic study, including existing and projected traffic volumes (peak hour and total daily), trip generation for proposed use, and existing and projected levels of service for roads and intersections surrounding the subject property.
B. 
Procedure.
(1) 
A conditional use application shall be filed with the Township Secretary/Treasurer on such forms as may be prescribed by the Board of Supervisors, accompanied by the required fee.
(2) 
The Board of Supervisors shall schedule and hold a public hearing on the application within 60 days of filing unless the applicant waives or extends the time limitation in writing or on the record at a public hearing. Public notice shall be given in accordance with § 390-233B or as otherwise required by the Pennsylvania Municipalities Planning Code.
(3) 
At least 45 days prior to the date of hearing, one copy of the application and supporting material shall be furnished to the Township Planning Commission and any other agencies or consultants deemed appropriate by the Board of Supervisors, together with a request that such agencies submit recommendations regarding the proposed conditional use. Lack of compliance with this subsection shall not be a basis for failing to hold a hearing as required by the Pennsylvania Municipalities Planning Code but may be a basis for dismissal of a conditional use application at such hearing.
(4) 
Notice of the conditional use application shall be forwarded by regular mail to the owner and the occupant of every lot within 500 feet from any lot line of the lot in question, provided that failure to give notice as required by this paragraph shall not invalidate any action taken by the Board of Supervisors.
(5) 
The Board of Supervisors shall render a decision within 45 days after the public hearing (or last public hearing, if more than one is necessary to fully evaluate the proposal).
(6) 
Notice of the conditional use decision shall be provided pursuant to the Municipalities Planning Code. In addition, the Township Board of Supervisors, an applicant, or any landowner or successor in interest of a property subject to or affected by the conditional use decision may publish notice of the decision, once each week for two successive weeks, in a newspaper of general circulation, and the said notice shall contain: the name of the applicant, the street address or location of the subject property, the file number or docket number of the decision (if any), a brief description of the nature of the decision, the date upon which the decision is issued, the address of the Township building where the full text of the decision may be reviewed by members of the public, and a statement that the publication is intended to provide notification of a decision and that any person claiming any right to challenge the validity of the decision must bring a legal action within 30 days of the publication of the second notice, and if such notice is published by an entity other than the Township Board of Supervisors, then proof of publication shall be provided to the Township for retention in the Township records; however, failure to comply with the filing of the proof of publication shall not invalidate any notice. Additionally, if conditional use approval is granted by the Board of Supervisors, such decision and its conditions may be recorded with the County Recorder of Deeds office. If recorded, a copy of the deed shall be filed with the Township.
(7) 
In the event of approval, if the applicant fails to obtain the necessary building permits within 12 months of the date of approval, or commence work within an additional six months, it shall be deemed that the applicant has withdrawn or abandoned the application, and all conditional uses, permits and provisions granted shall be null and void; except that the Board of Supervisors may grant, upon application, an extension.
(8) 
Where the application for conditional use approval is part of a subdivision or land development plan, the conditional use application shall be filed prior to preliminary plan approval. The Township shall not be required to grant any preliminary plan approval until such time that the conditional use application is approved. In the event that the conditional use is granted, the conditional use and any associated conditions attached by the Board of Supervisors shall be noted on the preliminary and final plans.
(9) 
Any appeal must be filed pursuant to the Pennsylvania Municipalities Planning Code.
C. 
Standards for review of proposed conditional use.
(1) 
To allow adequate evaluation of any conditional use application by the Board of Supervisors, the applicant shall provide any information necessary to ensure that:
(a) 
The proposed use is consistent with the purposes of the article wherein it is permitted and is consistent with the overall purpose of this chapter.
(b) 
The proposed use shall meet all of the specific standards and regulations for eligibility which appear in the section of this chapter authorizing the proposed conditional use.
(c) 
The proposed use and its location are consistent with the Comprehensive Plan, the Township Act 537 Sewage Facilities Plan, and the infrastructure required to service the area, including the logical extension of public services and utilities.
(d) 
The use will not adversely affect the health, safety or general welfare of the Township.
(e) 
The proposed use is consistent with the general nature of surrounding uses and will not conflict with existing uses on neighboring properties, and will be maintained in a manner which will protect the character and property values of the surrounding area.
(f) 
The proposed use will provide for safe and adequate access to roads and public utilities and will not create excessive demands on existing streets, services, utilities, stormwater controls, or adversely affect surrounding properties or the area in general.
(g) 
Any construction will be accomplished using sound design and engineering principles and will not adversely affect existing uses in the area.
(h) 
The proposed use will incorporate proper landscaping, screening, parking, signage, and buffering in accordance with the applicable provisions of this chapter.
(i) 
The standards set forth in § 390-228, for the review of special exception applications, shall be met.
(2) 
The Board of Supervisors may impose such conditions as it deems necessary to ensure compliance with the above standards, including but not limited to the satisfaction of all the applicable requirements and provisions of Chapter 315, Subdivision and Land Development, of the Township's Code and all other Township codes and ordinances, and other regulatory governmental agencies, and may require any impact statements per § 315-13I of Chapter 315, Subdivision and Land Development, of the Code of the Township of West Vincent.

§ 390-220 Mediation option.

A. 
Parties to proceedings authorized in this article and Articles XXIX and XXX of this chapter may utilize mediation as an aid in completing such proceedings. In proceedings before the Zoning Hearing Board, in no case shall the Zoning Hearing Board initiate mediation or participate as a mediating party. Mediation shall supplement, not replace, those procedures in this article and Articles XXIX and XXX once they have been formally initiated. Nothing in this section shall be interpreted as expanding or limiting municipal police powers or as modifying any principles of substantive law.
B. 
Participation in mediation shall be wholly voluntary. The appropriateness of mediation shall be determined by the particulars of each case and the willingness of the parties to negotiate. Parties selecting the mediation option shall, with assistance from a mediator, as appropriate, develop terms and conditions for:
(1) 
Funding mediation. The cost of the mediation shall be shared equally by the parties, unless otherwise agreed.
(2) 
Selecting a mediator who, at a minimum, shall have a working knowledge of municipal zoning and subdivision procedures and demonstrated skills in mediation.
(3) 
Identifying all parties and affording them the opportunity to participate.
(4) 
Completing mediation, including time limits for such completion.
(5) 
Suspending time limits otherwise authorized in the Pennsylvania Municipalities Planning Code, provided there is written consent by the mediating parties and by an applicant, the Board of Supervisors, or the Zoning Hearing Board if either is not a party to the mediation.
(6) 
Subject to legal restraints, determining whether some or all of the mediation sessions shall be open or closed to the public.
(7) 
Assuring that mediated solutions are in writing and signed by the parties and become subject to review and approval by the Board of Supervisors or Zoning Hearing Board.
C. 
No offers or statements made in the mediation sessions, excluding the final written mediated agreement, shall be admissible as evidence in any subsequent judicial or administrative proceedings.

§ 390-221 Review fees for professional consultants.

A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
APPLICANT
An individual or entity that has submitted an application for a conditional use.
PROFESSIONAL CONSULTANTS
Includes, but is not limited to, architects, attorneys, certified public accountants, engineers, geologists, land surveyors, landscape architects or planners.
REVIEW FEES
All fees of professional consultants that are in connection with an application for a conditional use that is related to, but not directly part of, a subdivision and land development application, which are otherwise recoverable under 53 P.S. § 10503. For example (but not limited to), if conditional use approval is required in order for the applicant to proceed with the applicant's subdivision or land development, then "review fees," as herein defined, shall apply. Review fees include all reasonable and necessary charges by the municipality's professional consultants for review and report to the Township that are not otherwise reimbursed to the Township or otherwise imposed on an applicant. The review fees of professional consultants shall not be excessive and shall not include fees charged to the Township that were incurred in the course of an appeal of a decision on a conditional use or special exception application. Such expenses shall be reasonable and in accordance with the ordinary and customary charges charged by the municipality's professional consultant for similar services in the community. In no event shall the fees exceed the rate or cost charged by the professional consultant to the municipality for comparable services when fees are not reimbursed or otherwise imposed on applicants.
B. 
Purpose. The purpose of this section is to codify the existing state law, which requires applicants to reimburse the Township for review fees of professional consultants incurred in connection with conditional use applications which are submitted in conjunction with, in contemplation of, or related to the submission of a subdivision and/or land development application.
C. 
Fees. An applicant who submits an application for a conditional use in connection with or related to a pending or future application for subdivision or land development approval shall reimburse all review fees incurred by the Township and, at the discretion of the Township, shall submit an escrow deposit at the time of the application. The escrow deposit shall be in an amount established by the Township's fee schedule and shall be processed in the same manner as escrow deposits required under § 315-69B of Chapter 315, Subdivision and Land Development, of the Code of the Township of West Vincent. All decisions on conditional uses shall expressly be conditioned on or shall make provision for the payment of the review fees by the applicant.
D. 
Procedure.
(1) 
The Township shall submit an itemized bill for the review fees of professional consultants to the applicant, identifying the person performing the services, the date and the time spent for each task. The Township shall also provide the applicant with a final itemized bill for review fees subsequent to a final decision on an application for a conditional use. Any review fees incurred subsequent to the decision, including inspections and other work necessary to satisfy the conditions of the approval, shall be charged to the applicant as a supplement to the final itemized bill.
(2) 
In the event that the applicant disputes such review fees, the applicant shall pay such fees and notify the Township and the professional consultant of the basis of the objections to the bill, in writing, no later than 100 days after the date of transmittal of the bill to the applicant. The failure of an applicant to dispute a bill within 100 days of its transmittal shall serve as a waiver of the applicant's right to further contest the bill, and an applicant shall pay the same.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(3) 
In the event that the Township's professional consultant and the applicant cannot agree on the amount of review fees that are reasonable and necessary, the applicant and Township shall follow the procedures for dispute resolution set forth in 53 P.S. § 10510(g).