Township of Whitpain, PA
Montgomery County
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Table of Contents
Table of Contents

§ 160-229 Administration by Zoning Officer.

The Board of Supervisors shall appoint a Zoning Officer. It shall be the duty of the Zoning Officer, and he is hereby given the power and authority, to enforce the provisions of this chapter.

§ 160-230 Permits.

[Amended 6-15-2004 by Ord. No. 4-199]
No building or structure shall be constructed in Whitpain Township nor shall the use of any building or structure within the Township be altered or changed until a zoning permit issued by the Zoning Officer of Whitpain Township and, where required, a building permit from the Building Code Official of Whitpain Township shall first be obtained. Upon completion of the work authorized pursuant to the issuance of either a zoning permit or a building permit, or both, the applicant who has received the permit shall notify the Building Code Official of such completion. No permit shall be considered as complete or as permanently effective until the Building Code Official has noted on the permit that the work has been inspected and approved as being in conformity with the provisions of the Zoning Ordinance, and no occupancy of said construction shall be permitted until a use and occupancy certificate has been issued by the Building Code Official.

§ 160-231 Information for zoning and building permits.

[Amended 12-27-1960 by Ord. No. 4-1; 6-15-2004 by Ord. No. 4-199]
All applications for zoning permit or building permit shall be made in writing by the owner, tenant or agent for the owner, with the owner's expressed written authority, and shall be filed with the Building Code Official of Whitpain Township. Applications for a zoning permit or building permit shall include the following information:
A. 
Use description. Statement of the use of the proposed building or structure; if a business, commercial or industrial use is to be made for the new construction, provide information as to the type of use, including business name, number of employees and expected hours of operation.
B. 
Plot plan. Where applicable, a plot plan showing the location of the proposed building or structure, including any other buildings or structures located on the property and the distances of the existing buildings or structures and the distances of the proposed building or structure from property lines of the property upon which the building or structure is to be constructed; all other existing features shall be shown on the plot plan, including existing driveways, sheds, garages, existing parking spaces and proposed, if any.
C. 
Working drawings/floor plan diagram. A diagram shall be provided of the interior floor plan to be occupied within the building or structure, identifying the room use (e.g., office, storage, reception area, warehouse, showroom, washrooms) and a table of calculations as to the total square footage of all internal space in the proposed building or structure.
D. 
Emergency contact. In case of fire or other emergency, the application shall include the name, address and telephone number contact for police or fire company use.

§ 160-232 Use and occupancy permits.

[Amended 12-27-1960 by Ord. No. 4-1]
Prior to the occupancy or use of any building or alteration for which a building permit has been issued hereunder, the Building Code Official shall issue a use and occupancy permit certifying that the building or alteration is in accordance with the building permit. It shall be unlawful for any person to occupy or use any such building or alteration prior to the issuance of such use and occupancy permit.

§ 160-233 Permit fees.

[Amended 12-27-1960 by Ord. No. 4-1]
The applicant for a building permit or a use and occupancy permit shall, at the time of making application, pay to the Township a fee in accordance with a fee schedule adopted by resolution of the Board of Supervisors. Any such schedule may be amended from time to time by resolution of the Board of Supervisors.[1]
[1]
Editor's Note: See Ch. 16, Fee Schedule Authorization. The fee schedule is on file in the office of the Township Manager.

§ 160-234 Applications to Zoning Hearing Board.

A. 
An appeal or an application for a special exception or variance from the terms of this chapter may be filed with the Secretary to the Zoning Hearing Board and shall set forth the following facts:
(1) 
Name and address of the applicant.
(2) 
Name and address of the owner of the real estate to be affected by the proposed exception or variance.
(3) 
A brief description and location of the real estate to be affected by such proposed change.
(4) 
Present zoning classification of the real estate in question, the improvements thereon and its present use.
(5) 
Section of this chapter under which the variance or exception requested may be allowed and reasons for which it should be granted.
(6) 
A reasonably accurate description of the improvements and the additions intended to be made under this application, indicating the size of such proposed improvements, material and general construction thereof, and attached thereto shall be a plot plan of the real estate to be affected, prepared by a registered engineer, indicating the location and size of the lot and the size of the improvements now erected and proposed to be erected thereon.
(7) 
A fee to cover the cost of advertising and notifications shall accompany the application in accordance with Article XXXII, § 160-249.
B. 
In order to completely satisfy and enable the Zoning Hearing Board to judge the full effectiveness of the design and the complete character of the entire application, full information and sufficient data in all instances, other than applications concerning modifications to existing residences in which no increase of use or density is contemplated, shall be included with the application as follows:
[Amended 11-1-1971 by Ord. No. 4-33]
(1) 
For any conversion of existing properties, designation of existing structure shall be clearly shown on the plan and any new construction shall be clearly shown by heavier lines or crosshatched and designated (new construction). New partitions, doors, entrances, stairways and windows, giving sizes, shall be clearly designated.
(2) 
Floor plans and elevations, drawn to a scale showing entire room layout, dimensions of all rooms, window location and sizes, width of all halls and stairways, exits, type of materials to be used, interior and exterior, and floor material.
(3) 
Plot plan, drawn to scale, giving total area of lot, total building area proposed on the lot and location of building, giving dimensions to all property lines and street lines. Where buildings exist on adjoining lots, setback on these adjoining properties shall be shown and distance of any buildings on adjoining lots.
(4) 
Off-street parking plan, drawn to a scale showing all parking spaces in accordance with Article XXVII, showing the traffic pattern with adequate driveways connecting the parking spaces with a street or right-of-way.

§ 160-235 Conditional use procedures.

[Added 8-16-1993 by Ord. No. 4-137]
Whenever a conditional use is authorized pursuant to the terms of this chapter, as amended, the procedures for application and review of requested conditional uses shall be as follows:
A. 
Written request. The landowner shall make a written request to the Board of Supervisors that it hold a hearing on his or her application. The request shall contain a statement reasonably informing the Board of Supervisors of the matters that are in issue.
B. 
Plans and accompanying documents. The application shall be accompanied by plans and other materials in accordance with § 160-234. If the application shall involve a subdivision or land development, then plans prepared in accordance with the requirements of Chapter 129, Subdivision and Land Development, of the Code of the Township of Whitpain shall be filed for review as well.
C. 
Hearing on conditional use request. The Board of Supervisors shall hold a hearing upon the request, commencing not later than 60 days after the request is filed, unless the applicant requests or consents, in writing, to an extension of time.
D. 
Decision on conditional use request. The Board of Supervisors shall render a written decision or, when no decision is called for, make written findings on the conditional use application within 45 days after the last hearing before the Board of Supervisors, unless the applicant has agreed, in writing or on the record, to an extension of time. In allowing a conditional use, the Board of Supervisors may attach reasonable conditions and safeguards as may be deemed necessary to implement the purposes of this chapter and to ensure the protection of adjacent uses from adverse impacts that may be determined from credible testimony.
[Amended 10-6-1997 by Ord. No. 4-157]