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.
[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.
[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.
[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.
[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]
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.
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.
[Added 8-16-1993 by Ord. No. 4-137; amended 10-6-1997 by Ord. No.
4-157; 12-3-2019 by Ord. No. 4-257]
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 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 conditional use.
(3)
A brief description and location of the real estate to be affected
by such conditional use.
(4)
Present zoning classification of the real estate in question,
the improvements thereon and its present use.
(5)
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.
B.
Plans and accompanying documents. 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.
