Permit requirements.
A. Zoning permits.
(1) It shall be unlawful to commence any site work or other work requiring a zoning permit until a permit has been properly issued. A zoning permit shall be required:
(a) Prior to the erection, alteration, extension, enlargement, or demolition of any building, structure, sign, or portion thereof. It shall be unlawful for any person to commence work in connection with the erection, alteration, extension, enlargement or demolition of any building, structure or sign or portion thereof until a zoning permit has been duly issued by the Zoning Officer. Issuance of a zoning permit shall authorize the issuance of a building permit, subject to compliance with any Township or state building or other codes applicable thereto.
(b) When a change in use of land or buildings, a change in the principal use or expansion of a nonconforming use, or development within the areas restricted by natural resources protected in accordance with
Article VII: Overlay Districts of this chapter.
(c) Before a home occupation, as per
§ 455-61: Home occupations., is added as an accessory use to an existing residential principal use or conducted as a part of a new residential use. In the latter case, the zoning permit shall specifically identify the principal and accessory use.
(2) The placing of vacant land under cultivation shall not require a zoning permit.
(3) A zoning permit is not required for repair to a structure other than a nonconforming structure when such repair does not change the nature or intensity of the existing uses.
(4) A zoning permit shall not be required for alterations to the interior of an existing building, provided that the use of such building is not changed.
B. Applications. Application for a zoning permit shall be made in writing to the Zoning Officer on a form furnished by the Township 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 complies with the provisions of this chapter, all other applicable Township ordinances and regulations, and all statutes and regulations of other governmental authorities having jurisdiction. No application is complete, nor shall it be accepted for filing, until all required documents, including but not limited to homeowner association approvals if applicable, have been filed and all fees have been paid.
C. Building permits. Upon the issuance of a zoning permit, the applicant may file a written application on a Township-approved form for a building permit with the Building Code Official. No building permit shall be issued until the Zoning Officer has certified the proposed use by issuance of a zoning permit. It shall be unlawful for any person to commence work on the erection, alteration, enlargement, extension, or demolition of any building until a building permit has been issued.
Permit application procedure.
A. Application for permits under this section, along with accompanying plans and data, may be submitted by the Zoning Officer to any appropriate governmental agency, authority, or representative for review and comment relative to compliance with existing statutes, and the Zoning Officer shall consider those comments in action on the application.
B. Applications for zoning permits shall specifically identify by name and date of approval the subdivision or land development plan creating the lot for which the permit is sought or shall supply sufficient information to identify the lot and verify its compliance with applicable zoning regulations. Applicants are encouraged to file with the application a copy of such plan for the purpose of expediting the Zoning Officer's processing of the application. At a minimum, the application shall be accompanied by three copies of the plan(s) drawn to scale and contain the following to verify conformity with this chapter:
(1) Identification by lot number and address of the lot, including a sketch of the actual dimensions and shape of the lot.
(2) Wherein the disturbance or movement of earth is contemplated, a soil erosion and sedimentation control plan in compliance with
Chapter 400: Subdivision and Land Development, with an accompanying narrative prepared by a qualified person for review and approval by the Township Engineer, or, when applicable, a copy of the permit issued by the Pennsylvania Department of Environmental Protection approving earthmoving operations.
(3) The exact dimension and location on the lot of all existing buildings, structures and signs, open space, if any, and all proposed buildings, structures and signs, and proposed extensions or alterations thereof.
(4) Existing and proposed uses, giving the number of existing and proposed separate units or uses the building or structure is designed to accommodate.
(5) The exact type, materials and specifications of a proposed sign, and whether attached or freestanding.
(6) A narrative description of the provision for water and sanitary sewerage and, in the instance of a proposed on-site sanitary sewer system and/or water well, a true and correct copy of the permit issued by the Chester County Health Department or other regulatory authority having jurisdiction.
(7) A description of any proposed industrial or commercial operations in sufficient detail to indicate effects of those operations in producing noise, heat, vibration, glare, air pollution, water pollution, fire hazards, traffic congestion, or other safety hazards.
(8) A description of methods to be employed in controlling any excess noise, air pollution, smoke, fumes, water pollution, fire hazards or other safety hazards.
(9) The location, dimensions, arrangement and capacity of all open spaces and yards and buffer areas, including proposed landscaping and plant materials and screening methods.
(10) All applicable Pennsylvania Department of Transportation permits and any other appropriate, lawful permits as may be required by statute.
(11) Any additional information that may be required by the Zoning Officer or as may otherwise be required by this chapter.
C. Applications for permits required under this chapter shall be submitted by the landowner, or a designated representative proven to have authority to act for the landowner; provided, however, that responsibility for obtaining any required permit in compliance with this chapter shall be the responsibility of the property owner in title. No zoning permit application is complete unless it is accompanied by the requisite fee. Applications found to be incomplete will not be accepted or processed.
D. No permit shall be issued by the Zoning Officer except in conformity with the provisions of this chapter and other applicable Township ordinances and regulations, except upon written order of the Zoning Hearing Board, or, where it has jurisdiction, the Board of Supervisors, or a court of competent jurisdiction, as applicable; provided, however, permits issued pursuant to such written orders shall be subject to any conditions and stipulations imposed by such authorities.
E. In all instances in which the Zoning Officer has or expresses a reasonable doubt as to the ability of the proposed use, building or land to meet all of the requirements of this chapter or any other applicable Township ordinance or regulation, or those of any state agency or other regulatory authority having jurisdiction, it shall be incumbent upon the applicant to furnish to the Zoning Officer adequate evidence of compliance or ability to comply in support of his application. If the Zoning Officer determines that such adequate evidence has not been furnished, the zoning permit shall be denied. In the case that a permit is denied, the Zoning Officer shall send written notice to the applicant citing the reasons why the permit was denied within 30 days of when the Zoning Officer made the determination.
F. The parcel or parcels of land, building or structure, or parts thereof, for which an application is submitted shall be in full ownership of the applicant, or proof of equitable ownership satisfactory to the Zoning Officer shall be furnished at the time the application is filed.
G. Permits shall be granted or refused within 30 days from the date the application is filed with the Zoning Officer 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 zoning permit where there has been no substantial start to construction or when a cessation of construction work of more than six months has occurred.
H. A temporary zoning permit may be authorized by the Zoning Officer for a nonconforming structure or use which it deems beneficial to the public health or general welfare or which it deems necessary to promote the proper development of the community, provided that such nonconforming structure or use shall be completely removed upon expiration of the permit without cost to the Township. Such a permit shall be issued for a specified period of time, not exceeding one year.