The provisions of this Ordinance shall be administered by the Zoning Officer. The Zoning Officer, whose position is appointed by the Board of Supervisors, shall have such powers and authority as are reasonably established by the terms of this Ordinance. The term of the Zoning Officer shall be for one (1) year. The Officer shall receive such fees or compensation as the Board may provide, by resolution. (Amended 6/24/96)
The provisions of this Ordinance shall be enforced by the Zoning Officer. No permit of any kind as provided in this Ordinance shall be granted for any purpose, except in compliance with the provisions of this Ordinance. (Amended 6/24/96)
(Amended 6/11/84 and 5/8/87)
A. Permits Required (Amended 1/27/97)
1 Site Investigation Permit - No site investigation involving around disturbance shall be undertaken until a Site Investigation Permit has been issued by the Zoning Officer.
2 Road Access Permit - A Road Access Permit shall be required for all permanent and temporary access onto a Township Road to ensure that appropriate traffic studies have been done and all new entrances meet Township safety and design standards. The last revised version of the Commonwealth of PA Code Title 67 Transportation Chapter 441 Access to and Occupancy of Highways by Driveways and Local Roads shall be used as the design standard. The permit will be issued by the Zoning, Officer and reviewed by the Township Engineer. No building permits shall be issued until a road access permit has been issued.
3. Building Permit
a. Building Permit - No site improvements, clearing, grading, change in use of land, construction of new structure foundations, or alteration of existing structures shall be undertaken until a building permit(s) has been issued by the Zoning Officer.
b. Structure Building Permit -For construction of buildings and additions a "Structure Building Permit" is required in addition to a building! Permit. This permit is issued after an acceptable As-Built Plan based on the Lines and Grades Plan has been presented to the Zoning Officer.
c. Flood Plain Building Permit - Because of the requirements of the Federal Emergency Management Agency and the Federal Insurance Administration regarding flood plains an additional permit is required to ensure that these requirements are met.
4. Occupancy Permit - A Certificate of Occupancy (CO) for the use or occupancy of vacant land or for a change in use of land, or for the change in use of an existing structure(s) shall be applied for and issued within ten (10) days after the application has been made and before any such land or structure(s) shall be occupied, or used, provided such proposed use in is conformity with the provisions of applicable Ordinances.
5. Health Department Permits - Sewage and well permits shall be obtained from the Chester County Health Department as required and filed with the Township prior to appropriate building permits being issued.
6. Other - Any permits required by County, State or Federal Agencies will be filed with the Township before a building permit is issued.
B. Application Procedures and Requirements
1. Application
Application for such a building permit shall be made, in writing, to the Zoning Officer on forms supplied by the Township. Such application shall contain the following:
a. Name and address of applicant.
b. Name and address of owner of land on which proposed construction is to occur.
c. Name and address of contractor.
d. Site location.
e. Listing of other permits required.
f. Brief description of proposed work and estimated cost.
g. Signature of applicant.
h. Fee as established by Resolution of the Board of Supervisors.
i. Five (5) sets of plans conforming to the requirements of this section.
j. Additional information necessary to enable the Zoning to determine that the proposed structures and use of land will comply to the provisions of this Ordinance.
2. Lines and Grades Plans
a. All site improvements, clearing, grading, timbering, change in use of land, stoning of the construction driveways, installation of required sediment/erosion control measures and construction of the foundation for new construction or additions shall require Lines and Grades to be submitted with the Building Permit Application.
b. The requirement for a Lines and Grades Plan may be waived at the discretion of the Zoning Officer if the structure has a footprint of less than one thousand (1000) square feet and the new structure is not in a Conservation Slope District or Flood Hazard District.
c. Lines and Grades Requirements
Lines and Grades Plan, shall be prepared, signed and sealed by a Professional Land Surveyor registered in the state of Pennsylvania, shall show the following as a minimum:
i Property Lines.
ii Building Restriction Lines.
iii Existing and proposed utility casements adjacent to or crossing the property.
iv Location of all structures, existing and proposed. If only clearing for a lot for a house site is proposed, and no house plans are submitted, the future placement of a house, driveway and septic system shall be limited to that area cleared. This restriction shall be noted on the Lines and Grades Plan.
v. Location of 100 year flood plain.
vi Location of Wetlands
vii Right-angle distances from all structures to property lines.
viii Existing and proposed contours about proposed structures, driveways and drainage ways. Sufficient area about the structures shall be contoured to indicate how storm water runoff is drained away from the structures. Existing contours shall be from recent field survey; the contour interval shall be two (2) feet.
ix Top of foundation elevation.
x Location of existing and/or proposed storm drains or sanitary sewers adjacent to or crossing the property.
xi Elevations and slopes for storm drains and sanitary sewers.
xii Location of septic system and well.
xiii Sediment/erosion control measures.
xiv North arrow, scale and date.
xv Address and Tax Parcel Number, if known.
xvi Any other information required for Steep Slope Districts.
3. Building Plans
a. Building Plans shall be submitted with the Building Permit Application if a building is proposed.
4. As-Built Plans
a. An As-Built Plan is required prior to construction of anything other than a foundation for a structure to ensure that no buildings are built that violate the building restriction lines.
b. The As-Built Plan shall be as-built plan of the "Lines and Grades Plan" showing:
i. The Actual location of the foundations ii. Exact right angle distances from the foundation to the property lines. iii. Actual top of foundation elevation.
A.Structure Building Permit will be issued by the Zoning Officer upon receipt of an acceptable As-Built Plan as defined in Section 1003B4.
6. Additional Flood Plain Building Requirements
a. In addition to the requirements of Sections 1003.B.2.a and 1003.B.2.b, above, if any proposed construction or development is located entirely or partially within any identified flood plain area, applicants for Building Permits shall provide all the necessary information in sufficient detail and clarity to enable the Zoning Officer to determine that:
i All such proposal are consistent with the need to minimize flood damage and conform with the requirements of this and all other applicable codes and ordinances;
ii All utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damage; and
iii Adequate drainage is provided so as to reduce exposure to flood hazards.
b. Applicants shall file the following minimum information plus any other pertinent information as may be required by the Zoning Officer to make the above determination:
i Plans of all proposed buildings, structures and other improvements, drawn at suitable scale showing the following:
(a) The proposed lowest floor elevation of any proposed building based upon National Geodetic Vertical Datum of 1929;
(b) The elevation of the one hundred (100) year flood; Flood Plain District
(c) If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a one hundred (100) year flood; and
(d) Detailed information concerning any proposed floodproofing measures.
ii The following data and documentation:
(a) A document, certified by a registered professional engineer or architect, which states that the proposed construction or development has been adequately designed to withstand the one hundred (100) year flood elevations, pressures, velocities, impact and uplift forces associated with the one hundred (100) year flood. Such statement shall include a description of the type and extent of flood proofing measures which have been incorporated into the design of the structure and/or the development.
(b) Detailed information needed to determine compliance with Section 604.01, 604.02 and 604.03, Development Which May Endanger Human Life, including:
(i) The amount, location and purpose of any materials or substances referred to in Section 604.01 which are intended to be used, produced, stored or otherwise maintained on site.
(ii) A description of the safeguards incorporated into the design of the proposed structure to prevent leaks or spills of the dangerous materials or substances listed in Section 604.01 during a one hundred (100) year flood.
iii The appropriate components of the Department of Environmental Resources (DER) "Planning Module for Land Development. "
iv Where any excavation or grading is proposed, a plan meeting the requirements of the Department of Environmental Resources (DER) to implement and maintain erosion and sedimentation control.
C. Issuance of Building Permit
1. The Zoning Officer shall review the plans for compliance with the Zoning Ordinance. After the Zoning Officer's review, he shall forward the building permit application materials to the township Engineer and Building Inspector for review. Prior to the issuance of any building permit, the Zoning Officer shall review the application for permit to determine if all necessary governmental permits required by State and Federal laws have been obtained, such as those required by the Pennsylvania Sewage Facilities Act (Act 1966-537, as amended); the Dam Safety and Encroachments Act (Act 1978-325, as amended); the U.S. Clean Water Act, Section 404, 33, U.S.C. 1334; and the Pennsylvania Clean Streams Act (Act 1937-394, as amended). No permit shall be issued until this determination has been made.
2. No encroachment, alteration, or improvement of any kind shall be made to any watercourse until all adjacent municipalities which may be affected by such action have been notified by the municipality where such work is planned and until all required permits or approvals have been first obtained from the Department of Environmental Resources (DER), Bureau of Dams and Waterway Management.
In Addition, the Federal Insurance Administrator and Pennsylvania Department of Community Affairs, Bureau of Community Planning, shall be notified by the municipality prior to any alteration or relocation of any watercourse.
3 . Trailers being used as residence in excess of two (2) consecutive weeks a year shall require a Certificate of Occupancy.
4. A Certificate of Occupancy for the use or occupancy of vacant land or for a change in the use of land, or for a change in the use of an existing building, shall be applied for and issued within ten (10) days after the application has been made and before any such land or buildings shall be occupied, or used, provided such proposed use is in conformity with the provisions of this Ordinance.
5. A record of all permit applications shall be kept on file by the Secretary of the Township.
6. Fees for permits shall be set by resolution of the Board of Supervisors and shall be payable to the Secretary of the Township.
7. Any building permit issued shall become invalid, unless the construction under the same is commenced within twelve (12) months of its issuance and substantially completed within twenty-four (24) months of issuance. In the event of validity of the building permit expiring as provided herein, all activity under such invalid permit shall cease until the same is property renewed by application under this Ordinance.
8. The Board of Supervisors shall not be bound by any statement, determination or recommendation of the Zoning Officer except as may be specifically provided for in this ordinance or other applicable law.
A. If it appears to the Township that a violation of any provisions of this zoning ordinance has occurred, the Township shall initiate enforcement proceedings by sending an enforcement notice as provided in this section. (Amended 11/13/89)
B. The enforcement notice shall be sent 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-by the owner of the record. (Amended 11/13/89)
C. An 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. (Amended 11/13/89)
2. The location of the property in violation. (Amended 11/13/89)
3. The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of the ordinance. (Amended 11/13/89)
4. The date before which the steps for compliance must be commenced and the date before which the steps must be completed. (Amended 11/13/89)
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 procedures set forth in the ordinance. (Amended 11/13/89)
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. (Amended 11/13/89)
