UPPER CHICHESTER TOWNSHIP ZONING HEARING BOARD P.O. BOX 2187 UPPER CHICHESTER, PA (610)

Transcription

1 UPPER CHICHESTER TOWNSHIP ZONING HEARING BOARD P.O. BOX 2187 UPPER CHICHESTER, PA (610) INSTRUCTIONS TO APPLICANTS A. General Instructions Applicants who have a request to make of the Zoning Hearing Board must: 1) submit a complete application; 2) pay the applicable fee; and 3) present their request to the Zoning Hearing Board at a public hearing. The hearing will be scheduled by the Zoning Hearing Board and the applicant will be notified in advance of the date and time of the hearing. Reasonable efforts will be made to resolve scheduling conflicts. Some cases may require more than one hearing. Notice of the hearing will be posted prominently on the property and published in a newspaper. The public, particularly neighbors of the property, will be given the opportunity to ask questions and present testimony at the hearing. You should be prepared to answer questions from the Board and from the public. The zoning hearing is a formal judicial proceeding. A stenographer (court reporter) will record the hearing and prepare a transcript. The testimony, documents and plans presented at the hearing form the basis for the Zoning Hearing Board s decision. If you eventually appeal the Zoning Hearing Board s decision to the Court of Common Pleas, or higher courts, the record of the Zoning Hearing will also be considered by the judge who will decide you case. A COMPLETE WELL-ORGANIZED PRESENTATION TO THE ZONING HEARING BOARD WILL HELP YOUR CASE. If you are applying for a variance or special exception, please read Section and of the Upper Chichester Township Zoning Ordinance, respectively, before completing the application or preparing for the hearing. COMPLETE APPLICATION MUST BE RECEIVED 30 DAYS PRIOR TO ZONING HEARING BOARD MEETING WHICH IS THE FIRST WEDNESDAY OF THE MONTH. B. Completing the Application for Special Exception or Variance 1. All information requested must be completed. No application will be considered to have been filed unless the information on the application is complete and the correct fee has been paid. 2. If you are represented by an attorney, the attorney s information should be filed in/on the application. You are not required to be represented by an attorney. 3. The property affected by this application must be posted with notice of the Zoning Hearing Board. Therefore, the location of the property must be described clearly so that the Zoning Hearing Board can find the property to post the notice. 4. The application must specify whether you are seeking special exception, variance, an appeal from a decision of the Zoning Officer or some other permission or combination of permits. If the application is for something other that a special exception or variance, the exact permission requested must be explained in the application.

2 C. Fees 5. A plot plan of the affected property should accompany this application and must accompany the application. If the location of any structure(s) on the property will be an issue. See Section D, below for the Items required at the Time of Hearing list for more detail about the plans you may, need to bring to the hearing. 6. All required notices will be mailed to you at the address you fill in on the form as the address of the petitioner. 7. You must submit three copies of your application. All copies are to be signed by applicant. Fees are determined by Resolution No , a summary on these resolutions are included in our check list. D. Items Required at Time of Hearing THE FOLLOWING ITEMS MUST BE PRESENTED TO THE ZONING HEARING BOARD AT THE TIME OF THE HEARING. ALL ITEMS PRESENTED WILL BECOME PART OF THE TOWNSHIP FILE AND WILL NOT BE RETURNED TO YOU. IF YOU DO NOT HAVE ALL OF THE ITEMS LISTED BELOW AT THE TIME OF THE HEARING, YOU SHOULD REQUEST A CONTINUANCE BEFORE THE TIME FOR THE SCHEDULED HEARING OR THE BOARD MAY CONTINUE THE HEARING UNTIL ALL OF THE ITEMS ARE SUBMITTED. 1. PROOF OF OWNERSHIP: You must submit all documents necessary to prove that you own the property or have signed and agreement of sale or lease for the property. A deed, agreement of sale or option to purchase will be adequate. 2. SURVEY PLAN: It is required that the applicant attach to each application a detailed and clearly legible plot plan of the subject property and properties within a 200 (two hundred feet) radius drawn to scale, and a sketch plot plan including structures. 3. SUBDIVISION PLANS: For those Applicants who are requesting relief from the Zoning Hearing Board before simulating submitting Subdivision and Land Development Plan to the Board of Commissioners of Upper Chichester Township, any plans required by the Subdivision Ordinance (including survey plans, topographical surveys, sedimentation and erosion plans, etc.) that have been completed should be submitted to the Zoning Hearing Board. 4. EVIDENCE OF LEGAL NON-CONFORMITY: For those applicants who are requesting an extension of a legal non-conformance, evidence or testimony establishing the length of time in existence and legality of the existing non-conformity. 5. ALL COMMUNICATIONS SHALL BE DIRECTED TO THE CORRESPONDENCE SECRETARY OR ZONING OFFICER

3 CHECK LIST Completed Applications Must Contain the Following Items: Three Copies of Completed Applications Notification of Adjacent Property Owners by Certified Mail (Green & White Slips) Stamped Notification Envelopes for Adjacent Property Owners and Applicant Application Fee Copy of either Proof of Ownership or Lease Agreement Three Copies of Plot Plan Subdivision Plans (If Applicable) Completed Application to Zoning Officer Form Fees To be included with the application 1. When the property involved is located in a residential zone and is not larger than one-half acre, a payment of expenses is five hundred dollars ($500.00) shall be made by the applicant upon the filing of the application. Said amount shall be for the purpose of paying expenses associated with the application. Unused amounts will be refunded to the applicant. 2. When the property involved in the application is in a non-residential zone and the application involves an addition to the existing structure, the applicant shall make a prepayment of expenses of seven hundred fifty dollars ($750.00). Said payment shall be to compensate for expenses associated with processing the application. Unused amount will be refunded to the applicant. 3. When an application is made involving either residential or non-residential property and the relief requested is the development of such property, as defined in the Pennsylvania Municipalities Planning Code, or such other relief as is within the jurisdiction of the Board under such code, including any request to expand a non-confirming use, the applicant shall make a pre-payment of expenses of seven hundred fifty dollars ($750.00) for the first acre and one hundred dollars ($100.00) for each additional acre or part thereof involved in the application. Said payment shall be for the expenses associated with the processing of the application. Unused amounts will be refunded to the applicant. The expenses referred to in the above-referenced paragraphs hereof include, but are not limited to, one-half of the cost of the Court Reporter s appearance fee and the full cost of a copy of the Notes of Testimony of the hearing if the applicant wants a copy, advertising costs and such other reasonable and necessary costs involved in the application as are incurred by the Township. There will be a $ fee for the use of the building and administration services, this fee will be charged for the first hearing. For all subsequent hearings, this fee will be reduced to $75.00 The failure of the applicant to deposit the fees described hereof shall constitute a failure on the part of the applicant to submit a completed application to the Township. Upon such failure to pay such fees, the Township shall promptly reject such application and give its reasons therefore, in writing, to the applicant.

4 UPPER CHICHESTER TOWNSHIP ZONING HEARING BOARD APPLICATION DATE: 1. Petition of: 2. The location of the property: Please give a brief description and state location of the property for which the proposed application which is being requested including buildings or other structures. (Example: 1.3 acres located at 1234 Main Street, with three story residence, adjacent to Police Station, Tax Folio Number 62093, ) (Please give the Tax Parcel of Folio Number). 3. Name, address and telephone number of person making petition: 4. Name, address and telephone number of the owner: 5. Your attorney s name, address and telephone number, if any, (see instructions, Section B2):

5 6. That the Upper Chichester Zoning Ordinance #503 of 1991 Article SectionParagraph _regulates, restricts, zones and classified the said property, or tract of land as: R-1 Low Density Residential District R-2 Medium Density Residential District R-3 High Density Residential District TH Townhouse Residence District APT Apartment District MH Mobile Home District C-1 Neighborhood Commercial District C-2 Highway Commercial District I-C Industrial Commercial District I Industrial District 7. Request a hearing for the following: Special Exception Variance Appeal or other 8. Given detail of reason checked above: 9. What is the property being used for now and intended future use?

6 10. What additions to or improvements in the property do you intend to make under this application, if any? Please describe below as completely as possible and on another sketch a plot plan of the real estate indicating the size of the lot, size of buildings or other structures now erected and size and location of those to be erected. If the plan included with this application does not meet the requirements of Section D2 of the instructions, enclosed or additional plans meeting those requirements should be presented at the time of the hearing. 11. Names and addresses of all property owners within a 200 (two hundred feet) radius of property identified in question number 2, shall be furnished by the applicant. In addition, applicant shall secure herein the signatures, or other proof, of said property owners and indicating their knowledge of the pendency of the applicant. Attach additional sheet if necessary. Names Addresses Signatures Signature of Applicant

7 UPPER CHICHESTER TOWNSHIP Delaware County, Pennsylvania APPLICATION TO ZONING OFFICER FOR APPROVAL OF CONSTRUCTION, ALTERATION, USE AND ZONING NOTICE Any person or neighbor aggrieved by the issuance of this permit has a right to appeal, including grants or variances. Such appeal shall be within 30 days of approval, unless such person alleges and proves that he had no notice, knowledge, or reason to believe that such approval had been given. Because the holder of a permit cannot acquire vested rights prior to the expiration of the appeal period available to protesters, any expenditures made prior to such expiration are at the permit holder s risk. This has sometimes resulted in the removal of premature construction, harsh as it may seem. Any permit issued from this application shall be deemed valid only for a period of 6 months from its date, unless it is executed or used within the period of one year, or unless the use or work, once commenced within the aforesaid period is thereafter continuous or continued and completed as applied for; provided, however, that the issuance of said approval shall not be deemed to have vested any rights in applicant or any other party in the zoning in existence at the time of issuance thereof and the subject property shall continue to be subject to the right to re-zone by the Township is the same as any other property. Nothing contained herein shall be construed to permit the beginning of construction of any building or alteration thereof until a building permit has been obtained from the Building Inspector of Upper Chichester Township and nothing herein contained shall be construed to permit the occupancy of any building for which application has been made until the Building Inspector certifies that he has inspected the work and approves the same as being conformity with the applicable Township Ordinances. Location of Premises Signature of Applicant Date Applicant's Name Applicant's Address Applicant's Phone Number Owner's Name Owner's Address Owner's Phone Number Complete only those items that are applicable Use of Proposed New Structures Use of Existing Structures Proposed Change of Use of Existing Structures Lot of Dimensions Dimensions of Proposed Structure Proposed Setbacks Width at Front: Length: Front: _ Width at Rear: Width: Rear: _ Right Side Depth: Height: Right Side: _ Left Side Depth: Left Side: _ A plot plan must be attached locating all existing and proposed man-made structures and shall include their dimensions and setbacks to at least two property lines. In addition, the plan must include driveways, stream, north arrow, etc. When approved by the Zoning Officer, this form becomes a Use and Zoning Permit. For Zoning Officer Use Only Date: Remarks: Received Reviewed Approved Denied Zoning Officer Signature