[Amended 10-27-1992 by Ord. No. 1-1992]
The provisions of this chapter shall be administered and enforced by an agent who shall be appointed by, and shall meet the qualifications established by, the Board of Supervisors, and who shall be known as the "Zoning Officer." It shall be his duty, subject to the authority of the Board of Supervisors, to examine all applications for permits and to issue permits in the name of the Board of Supervisors for construction and uses which are in accordance with the requirements of this chapter, and to institute civil enforcement proceedings pursuant to § 139-138 of this chapter. He shall record and file all applications for permits with any accompanying plan and documents and make such report as the Board of Supervisors may require. Permits for construction and uses which are a special exception or variance to requirements of this chapter shall be issued only upon the order of the Zoning Hearing Board. Nothing herein contained shall require any change in plans or construction of a lawful use for which a permit has been issued before the effective date of this chapter.
[Amended 7-19-2004 by Ord. No. 6-2004]
A.
A zoning permit shall be required prior to the erection,
construction or basic structural alterations of any building, structure
(including signs), swimming pools or any portion thereof, including
farm buildings. A permit shall expire one year after the date of issuance.
If such erection, construction or basic structural alteration is not
completed within one year following the date on which the zoning permit
was issued, a new zoning permit shall be required. Applications for
permits shall be made, in writing, to the Zoning Officer.
B.
All applications for zoning permits shall be accompanied
by a plot plan, in duplicate, drawn to scale, showing the location
and size of each building to be erected upon each lot, the actual
dimensions of each lot to be built upon and such other information
as may be necessary to enable the Zoning Officer to determine that
the proposed building and use thereof will conform to the provisions
of this chapter. A record of such applications and plots shall be
kept in the office of the Zoning Officer.
C.
The applicant for a zoning permit shall pay, at the
time of application, a fee in the amount as set by the Board of Township
Supervisors either as part of the Willistown Township Building Code[1] or by separate resolution or ordinance. Such fee shall
be paid into the Township treasury for the use of the Township.
D.
For construction proposed in a Floodplain Conservation District, zoning permits are required in order to determine whether all new construction or substantial improvements are designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement; constructed with materials and utility equipment resistant to flood damage; and constructed by methods and practices that minimize flood damage. The procedures set forth in Article XVI and particularly in § 139-79 shall be followed. Depending on the type of structure involved, the following information shall also be included in the zoning permit application for work within the Floodplain District:
(1)
For structures to be elevated to the base flood
elevation:
(a)
A plan showing the size of the proposed structure(s)
and its (their) relation to the lot where it (they) is (are) to be
constructed.
(b)
A determination of elevations of the existing
ground, proposed finished ground and lowest floors certified by a
registered professional engineer, surveyor or architect.
(c)
Plans showing the method of elevating the proposed
structure, including details of proposed fills, pile structures, retaining
walls, foundations, erosion protection measures, etc. When required
by the Zoning Officer, these plans shall be prepared by a registered
professional engineer or architect.
(d)
Plans showing the methods used to protect utilities
(including sewer, water, telephone, electric, gas, etc.) from flooding
to the base flood elevation at the building site.
(2)
For structure to be floodproofed to the base
flood elevation (nonresidential structures only):
(a)
Plans showing details of all floodproofing measures,
prepared by a registered professional engineer or architect and showing
the size of the proposed structure and its relation to the lot where
it is to be constructed.
(b)
A determination of elevations of existing ground,
proposed finished ground, lowest floors and floodproofing limits,
certified by a registered professional engineer, surveyor or architect.
(c)
A certificate prepared by the registered professional engineer or architect who prepared the plans in Subsection D(2)(a) above that the structure in question, together with attendant utility and sanitary facilities, is designed so that:
[1]
Below the base flood elevation, the structure
is watertight with walls substantially impermeable to the passage
of water.
[2]
The structure will withstand the hydrostatic,
hydrodynamic, buoyant, impact and other forces resulting from the
flood depths, velocities, pressures and other factors associated with
the base flood.
E.
At the time of application for the zoning permit,
the applicant shall submit a site plan to the Zoning Officer, which
site plan shall include the following information:
[Amended 3-13-2023 by Ord. No. 2-2023]
(1)
Name of engineer, surveyor or other qualified
person responsible for providing the information required in this
section.
(2)
A plan or map of the property showing the location
of the proposed construction with respect to the following, as applicable:
flood-prone areas, wetlands, steep slopes, fills, woodlands, historic
resources, and areas subject to special restrictions such as agricultural
security areas and conservation easements. In addition, the application
shall include base flood elevation data.
(3)
Where the site lies partially or completely
in a flood-prone area, the plan map shall include detailed information
giving the location and elevation of the proposed site showing contours
at intervals of two or five feet, depending upon the slope of the
site, identifying accurately the boundaries of the flood-prone area.
F.
During the period of any construction undertaken pursuant
to a zoning permit, the Zoning Officer or other authorized Township
official shall inspect the premises to determine that the work is
progressing in compliance with the information provided on the permit
application and in compliance with all applicable laws and ordinances.
In the event that the Zoning Officer discovers that the work does
not comply with the permit application or with any applicable law
or ordinance, or that there has been a false statement or misrepresentation
by any applicant, the Zoning Officer may revoke the zoning permit
and report such fact to the Board of Supervisors of Willistown Township
for whatever action the Board deems necessary or appropriate.
G.
A zoning permit shall be required prior to the first
occupancy of an accessory apartment. An application for such permit
shall be made on a form prepared for the purpose by the Zoning Officer
and shall be accompanied by payment of an administrative filing fee
in an amount specified from time to time by resolution of the Board
of Supervisors. Without limiting the foregoing, said application form
shall specifically indicate that the factual representations made
therein by the applicant are subject to the strictures and penalties
applicable to unsworn statements made to civil authorities. In issuing
such permit, the Zoning Officer shall be satisfied that the accessory
apartment and its use comply with all regulations applicable thereto,
including, without limitation, the requirement for off-street parking
in connection therewith. Each zoning permit for accessory apartment
occupancy as issued by the Zoning Officer shall prominently indicate
that it is valid for a period of one year from the date of issuance
and that continued occupancy of the accessory apartment beyond that
period shall be unlawful unless, prior thereto, the owner applies
for and receives a renewed permit.
H.
No building permit shall issue without a valid zoning
permit.
A.
A certificate of occupancy shall be required prior
to the occupancy, use or change in use of any building, structure
or swimming pool hereafter erected, constructed or altered pursuant
to authorization granted by a building permit, said certificate to
be granted or denied by the Zoning Officer within 10 days of his being
noted by the builder or owner that the authorized construction or
alteration has been completed and that proper removal and disposal
has been made of all trash, rubbish, rubble, tree stumps, scraps and
debris.
B.
A certificate of occupancy shall be required prior
to the occupancy and use of land except for agricultural purposes.
Such certificate shall be granted or denied within 10 days after application.
C.
A certificate of occupancy shall be required for any
change in use of an existing structure or property from one nonresidential
use to another nonresidential use, or from a residential use to a
nonresidential use, regardless of whether a building permit is required
to accomplish such change. In issuing the certificate of occupancy,
the Zoning Officer must be satisfied that the proposed new use will
comply with all applicable requirements of this chapter and other
pertinent regulations, including in particular the requirements for
off-street parking to serve such use.
[Amended 10-27-1992 by Ord. No. 1-1992]
D.
A certificate of accessory apartment occupancy shall
be required prior to the first occupancy of an accessory apartment.
An application for such certificate shall be made on a form prepared
for the purpose by the Zoning Officer and shall be accompanied by
payment of an administrative filing fee in an amount specified from
time to time by resolution of the Board of Supervisors. Without limiting
the foregoing, said application form shall specifically indicate that
the factual representations made therein by the applicant are subject
to the strictures and penalties applicable to unsworn statements made
to civil authorities. In issuing such certificate, the Zoning Officer
shall be satisfied that the accessory apartment and its use comply
with all regulations applicable thereto, including, without limitation,
the requirement for off-street parking in connection therewith. Each
certificate of accessory apartment occupancy as issued by the Zoning
Officer shall prominently indicate that it is valid for a period of
one year from the date of issuance and that continued occupancy of
the accessory apartment beyond that period shall be unlawful unless,
prior thereto, the owner applies for and receives a renewed permit.
[Added 9-26-1995 by Ord. No. 7-1995[1] ]
E.
A record of all certificates of occupancy shall be
kept on file in the office of the Zoning Officer.
A temporary permit may be authorized by the
Zoning Hearing Board 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 and may be renewed annually for an aggregate period of not
more than three years. Each permit shall be issued with the understanding
that any such use shall be removed promptly at the termination of
the period authorized, without cost to the Township.
[Amended 10-27-1992 by Ord. No. 1-1992]
Any owner of a lawful nonconforming use, structure
or lot may register the status of the same with the Township Zoning
Officer for purposes of establishing the rights conferred upon nonconformities
under this chapter. Should the Zoning Officer refuse to accept and
register the nonconformity as lawful, the property owner may appeal
such decision to the Zoning Hearing Board.
A.
Fees required in the administration of this chapter
or in connection with any hearing to be held at the request of any
person (hereinafter referred to as "applicant") in connection with
this chapter or any ordinance, resolution or other regulation of Willistown
Township relating to land use or any control thereof shall be paid
at the time application is made for a permit or for a hearing and
shall be as follows:
(2)
For each certificate of occupancy, there shall
be a charge of $50; for each copy of an original certificate, there
shall be a fee of $5.
[Amended 7-19-2004 by Ord. No. 6-2004]
(3)
For each temporary use permit, there shall be
a charge of $50.
[Amended 7-19-2004 by Ord. No. 6-2004]
(5)
For each application for a hearing either before
the Zoning Hearing Board or before the Board of Supervisors, except
one involving a single-dwelling unit, there shall be a fee of $250
allocated to administrative costs. In the case of an application involving
a single-dwelling unit or a building accessory thereto, the initial
fee shall be $100 allocated to administrative costs. In addition,
the applicant in any case shall deposit with the Township the sum
of $250 to be applied toward the costs of a stenographer and stenographic
transcript of that hearing. A stenographic record shall be made and
a transcript thereof shall be produced in all cases required by law
and in such other cases as the Board of Supervisors or the Zoning
Hearing Board, as the case may be, shall determine that the keeping
and production of such a record is necessary or helpful in making
a determination on the issue before it. When a stenographic record
is kept, the appearance fee for the court reporter shall be shared
equally by the applicant and the Board of Supervisors or Zoning Hearing
Board. Any party requesting the original transcript or a copy of the
transcript shall bear the cost of the same. In the event that the
applicant's share of the cost of the stenographic record and transcript
exceeds the deposit paid by the applicant, the applicant shall reimburse
the Township for such excess. In the event that the applicant's share
of the cost of the stenographic record and transcript is less than
the amount deposited by the applicant, such excess deposit shall be
refunded to the applicant. For each continued or further hearing,
an additional deposit of $250 shall be paid by the applicant prior
to such continued or further hearing. All of the other provisions
of this subsection shall apply as well to a continued or further hearing
as to an original hearing except that no further fee on account of
administrative costs will be charged for a continued or further hearing.
[Amended 10-27-1992 by Ord. No. 1-1992]
(6)
All fees and deposits shall be paid into the
Township treasury and, except for those constituting deposits on account
of stenographic costs, shall be for the use of the Township.
(7)
No building or zoning permit or use and occupancy
permit or any other permit shall be issued by the Township until all
fees and costs set forth herein have been paid.
B.
The Board of Supervisors may, from time to time, by
ordinance or resolution, add to, delete, alter or amend the schedule
of fees as set forth herein. It is intended that this section shall
authorize the Board of Supervisors to establish fees by ordinance
or resolution to reimburse the Township in such amounts, in its discretion,
as it determines appropriate to the maximum extent permissible under
applicable law.
[1]
Editor's Note: Former § 139-118,
Appeals relating to Floodplain Districts, was repealed 11-14-1995
by Ord. No. 9-1995.
[Added 1-28-1986 by Ord. No. 1-1986]
The following procedures and regulations shall
apply to all applications for conditional use approval:
A.
Procedure.
(1)
All applicants requesting a conditional use
shall submit a conditional use application to the Township Building
and Zoning Officer. The application shall consist of a completed application
form as prescribed by the Township, three sets of development plans
and such other plans and drawings as may be required to demonstrate
compliance with the provision of this chapter, and any other statutes,
ordinances, rules and regulations applicable to the conditional use
for which application is being made. In addition, as part of the application,
the applicant shall submit payment for the required fee. Fees shall
be prescribed by resolution of the Board of Supervisors and shall
be for similar purposes as prescribed in Section 908(1.1) of the Municipalities
Planning Code.[1] Further, the applicant shall submit such numbers of copies
of the foregoing materials as the Township may, by regulation, direct.
Approval of the conditional use shall be granted if, but only if,
the application, together with the plans and other materials submitted
therewith, demonstrates compliance with the requirements of the applicable
section of this chapter and any other applicable statutes, ordinances,
rules and regulations.
[Amended 10-27-1992 by Ord. No. 1-1992]
[1]
Editor's Note: See 53 P.S. § 10908(1.1).
(2)
Each applicant requesting a conditional use
shall reimburse the Township for its actual expenses incurred in connection
with the Township's review of the application, including expenses
incurred by the Township in connection with the hearing or hearings
on such application, and including, but not limited to, such engineering,
legal and other services as are deemed appropriate by the Township
in connection with its review and/or with the hearing. Such expenses
as are required hereunder to be reimbursed to the Township by the
applicant shall not include any such expenses which the Township is
by law prohibited from recovering from the applicant. The applicant
shall reimburse the Township for expenses for which the applicant
is liable pursuant to this section within 30 days after receipt of
a bill or other statement from the Township requesting such reimbursement.
In no case shall any permit be issued to any applicant if the Township
has requested reimbursement from the applicant of any amount due hereunder
from the applicant to the Township and such amount is unpaid.
(3)
Each conditional use application shall be referred, upon filing, to the Township Planning Commission for consideration at a meeting within 45 days of the official filing date. The Planning Commission shall review the application for conformity with the criteria established under Subsection D and the applicable standards and requirements under the applicable section of this chapter and any other applicable statute, ordinance, rule or regulation. The Planning Commission shall report thereon to the Board of Supervisors its recommendations in writing or orally at the hearing of the Board of Supervisors held with respect to the application.
(4)
The Board of Supervisors shall hold a public
hearing at a date following the review by the Planning Commission,
but in any event, within 60 days from the date of the filing of the
conditional use application and payment of the required fee.
(5)
Notice of the hearing shall be given as required by law and as would be required by the Zoning Hearing Board pursuant to § 139-122 of this chapter.
[Amended 3-13-2023 by Ord. No. 2-2023]
(6)
The public hearing shall be limited to the conditional
use being sought and shall be independent of any land development
or subdivision which may ultimately be required. Should conditional
use be granted by the Board, the applicant shall proceed with submission
of either a land development or subdivision application, if required,
within a period of six months from the date of approval.
(7)
The Board of Supervisors shall render a decision
as required by law.
(8)
The public hearing to be held on the conditional
use application shall, in so far as consistent with the requirements
of this chapter, be conducted in accordance with Section 908(4), (5),
(6), (7) and (8), of the Pennsylvania Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 10908(4),
(5), (6), (7) and (8).
(9)
Where the Board of Supervisors grants approval
of a conditional use application, it shall provide a memorandum to
the applicant, stipulating the terms and conditions of such approval.
Such memorandum shall contain a metes and bounds description of the
property in question. The applicant shall execute and provide to the
Township a recordable, notarized copy of the memorandum and shall
consent to recording by the Township in the office of the Recorder
of Deeds of Chester County within 30 days following expiration of
the appeal period.
[Added 10-27-1992 by Ord. No. 1-1992]
B.
Effect of conditional use approval. A use for which
a conditional use is granted shall be deemed to be a conforming use
in the Zoning District in which such use is located.
C.
Duration of conditional uses. Any approval of a conditional
use request shall be deemed null and void 18 months from the date
of such approval if within that period no application is made for
a building permit, certificate of occupancy, sedimentation and erosion
control permit, subdivision or land development approval or any other
approval or permit required by the Township to proceed with construction,
occupancy or use pursuant to the conditional use unless, prior to
the expiration of the eighteen-month period, the Board of Supervisors
shall grant an extension.
[Amended 10-27-1992 by Ord. No. 1-1992]
D.
Criteria governing conditional use review. The Board
of Supervisors and Planning Commission shall consider the following
criteria when reviewing each conditional use application:
(1)
Compliance with the objectives of the Township
Comprehensive Plan relative to land use, circulation and community
facilities.
(2)
Assurance that the proposed use shall not be
detrimental to abutting properties.
(3)
Suitability of the tract in question to support
the proposed use(s) and associated infrastructure.
(4)
Suitability of the existing road network to
support traffic associated with the proposed use in terms of safety
and capacity.
(5)
Conformity to the applicable provisions of this
chapter.
(6)
Compatibility of proposed use(s), including
their operation and maintenance, with the existing or intended character
of abutting properties.
E.
Conditions. The Board of Supervisors may impose specific
conditions regarding layout, circulation and design it deems necessary
to ensure that any proposed conditional use will remain compatible
with the surrounding area and in conformance to the objectives of
this chapter.
F.
Extension or change. A use of a building or lot authorized
as a conditional use, either by decision of the Board of Supervisors
or by the enactment of or amendment to the Zoning Chapter or the Environmental
Protection Chapter,[3] may be extended or changed within the building or upon
the lot only when authorized as a conditional use following application
to and approval by the Board of Supervisors in accordance with procedures,
standards and criteria set forth in the Zoning Chapter or the Environmental
Protection Chapter.
[Added 6-20-2005 by Ord. No. 1-2005]
