A.
Application.
(1)
Hereafter no land shall be used or occupied
and no building or structure shall be erected, altered, used or occupied
except in conformity with the regulations herein established for the
districts in which such land, building or structure is located, as
well as all other applicable regulations.
(2)
In case of mixed occupancy, the regulations
for each use shall apply to that portion of the building or land so
used.
B.
Administration and enforcement.
(1)
There shall be a Zoning Officer who shall not
hold any elective office in the Township and who shall be appointed
by the Board of Supervisors. The Zoning Officer shall meet those qualifications
established by the Township and shall be able to demonstrate to the
satisfaction of the Township a working knowledge of municipal zoning.
It shall be the duty of the Zoning Officer to administrator this chapter
in accordance with its literal terms and the Zoning Officer shall
not have the power to permit any construction or any use or change
of use which does not conform to this chapter. The Zoning Officer
is further authorized to institute civil enforcement proceedings as
a means of enforcement of the terms of this chapter when acting within
the scope of the Zoning Officer's employment.
(2)
Duties. The duties of the Zoning Officer shall
be:
(a)
To examine all applications for permits required
by this chapter.
(b)
To issue permits only for construction and uses
which are in accordance with the regulations of this chapter and as
may be subsequently amended.
(c)
To record and file all applications for permits
and accompanying plans and documents and keep them for public record.
(d)
To issue permits for uses by variance only after
such uses and buildings are ordered by the Zoning Hearing Board in
accordance with the regulations of this chapter or court of appeals,
subject to any stipulations contained in such order.
(e)
To inspect nonconforming uses, buildings and
lots and to keep a filed record of such nonconforming uses and buildings
as a public record and to examine them periodically.
(f)
Upon the request of the Board or the Zoning
Hearing Board, present to such bodies facts, records and any similar
information on specific requests to assist such bodies in reaching
its decision.
(g)
To be responsible for the keeping up-to-date
of this chapter and the Zoning Map, filed with the Township Secretary
and to include any amendment thereto.
(h)
To be responsible for the administration of
the National Flood Insurance Program in West Whiteland Township and
specifically in those areas where records must be maintained relative
to the types of land use permitted and occurring within the floodplain
district, variances issued, base flood elevations, elevation of lowest
floor, including basement, the elevation to which the structure is
floodproofed and other administrative functions necessary for participation
in the National Flood Insurance Program.
(i)
To notify, in riparian situations, adjacent
communities and the State Coordinating Office prior to any alteration
or relocation of a watercourse, and submit copies of such notifications
to the Administrator.
(j)
To assure the flood-carrying capacity within
the altered or relocated portion of any watercourse is maintained.
(k)
To be responsible for applicable provisions
included in all other codes, ordinances and regulations are applied,
insofar as they are consistent with the Township's needs to minimize
the hazard and damage which may result from flooding.
C.
Violations. Failure to secure a permit prior to the
use or change in use of land or building(s) or the erection, enlargement
or alteration, demolition of a building or failure to secure a use
and occupancy permit shall be a violation of this chapter. It shall
also be a violation of this chapter to undertake other deliberate
actions which are contrary to the terms of this chapter or other existing
statutes.
(1)
Notification of violations. If the Zoning Officer shall find that any of the provisions of this chapter are being violated, he shall issue an enforcement notice and shall send the same to the owner of record of the parcel on which the violation has occurred, to any person who has filed a written request to receive enforcement notices regarding that parcel and to any other person requested in writing to be so notified by the owner of record of the parcel. The said enforcement notice shall contain the name of the owner of record and any other person against whom the Township intends to take action, the location of the property in violation, the specific violation with a description of the regulatory requirements which are violated citing in each instance the applicable provisions of this chapter, the date before which the steps for compliance must be commenced and the date before which compliance must be completed, that the owner of the property or violator has the right to appeal to the West Whiteland Township Zoning Hearing Board within 30 days of the date of the enforcement notice and that failure to comply with the enforcement notice within the time specified, unless extended by appeal to the Zoning Hearing Board, will constitute a violation with sanctions as specified in Subsections D and E of this section.
(2)
Complaints regarding violations. Whenever a
violation of this chapter occurs, or is alleged to have occurred,
any person may file a written complaint. Such complaint stating fully
the causes and basis thereof shall be filed with the Zoning Officer.
He shall record properly such complaint, investigate, and take action
thereon as provided by this chapter.
D.
Fines and penalties. Any person, partnership, firm
or corporation who or which has violated or permitted to violate the
provisions of this chapter shall, upon being found liable therefor
in a civil enforcement proceeding commenced by the Township, pay a
judgment of not more than $500 plus all court costs, including reasonable
attorney's fees incurred by the Township as a result thereof. Each
day that a violation continues shall constitute a separate violation.
The District Justices shall have initial jurisdiction over such proceedings.
E.
Causes of action. In case any building, structure,
landscaping or land is, or is proposed to be, erected, constructed,
reconstructed, altered, converted, maintained or used in violation
of this chapter, the Township or, with the approval of the Board of
Supervisors, the Zoning Officer of the Township, or any aggrieved
owner or tenant of real property shows that his or her property or
person will be substantially affected by the alleged violation, in
addition to other remedies, may institute any appropriate action or
proceeding to prevent, restrain, correct or abate such building, structure,
landscaping, or land, or to prevent, in or about such premises, any
act, conduct, business or use constituting a violation. When any such
action is instituted by a landowner or tenant, notice of that action
shall be served upon the Township at least 30 days prior to the time
the action is begun by serving a copy of the complaint on the Board
of Supervisors of the Township. No such action may be maintained until
such notice is given.
[Amended 11-18-2009 by Ord. No. 367]
A.
General.
(1)
A zoning permit shall be required prior to a change in use of
land or buildings, the erection, enlargement or alteration of a building
or structure, or any portion thereof, a change in use or extension
or enlargement of a nonconforming use or any development within the
Floodplain Conservation District not otherwise requiring a zoning
permit. The placing of vacant land under cultivation shall not require
a zoning permit. It shall be unlawful to commence any site work or
other work requiring a zoning permit until a permit has been properly
issued therefor.
(2)
Application for zoning permits shall be made, in writing, on
an appropriate form to the Zoning Officer and shall contain all information
necessary for such officer to ascertain whether the proposed use of
land and/or improvement under the application shall comply with the
provisions of this chapter and all other existing statutes.
(3)
Applications for permits required under this chapter may be
submitted by an owner or a designated representative thereof; however,
responsibility for obtaining any required permit and compliance with
existing statutes shall rest with the property owner.
(4)
No permit shall be issued except in conformity with the regulations
of this chapter and other existing statutes, except after written
order from the Zoning Hearing Board or the courts. Any permits issued
on written order of the Zoning Hearing Board or the courts shall be
subject to any stipulation contained in that order.
(5)
In all instances in which the Zoning Officer expresses a reasonable
doubt as to the ability of a proposed use to meet all of the requirements
of this chapter, it will be incumbent upon the applicant to furnish
adequate evidence in support of his application. If such evidence
is not presented, the zoning permit will be denied.
(6)
The parcel or parcels of land and/or buildings or parts of buildings
for which an application is being submitted shall be in full ownership
or proof of equitable ownership shall be furnished at the time of
application.
(7)
No application is complete until all the necessary documents
have been filed and fees have been paid.
B.
Application for zoning permits. Application for permits under this
section, along with accompanying plans and data, may be submitted
by the Zoning Officer to any 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. All applications shall be accompanied by:
(1)
Three copies of the approved land development and/or plot plan,
together with any other data and information required by the Zoning
Officer to evaluate compliance with this chapter and other existing
statutes.
(2)
Three copies of detailed architectural plans for any proposed
building or structure under the application.
(3)
Where the disturbance or movement of earth is contemplated,
a soil and erosion control plan 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.
(4)
Permits or certification from the appropriate agency for the
provision of a healthful water supply, disposal of sewage and other
wastes and control of objectionable effects, as well as any other
appropriate, lawful permits as may be required by statute.
(5)
Additional copies of any information may be required by the
Zoning Officer.
(6)
Permits shall be granted or refused within 30 days upon satisfaction
of the Township that all required information has been supplied.
C.
Sign permit.
(1)
A sign permit shall be required prior to the erection or modification
of any sign, sign structure or change in location of an existing sign.
(2)
Application for permit shall be made, in writing, on an appropriate
form to the Zoning Officer and shall contain all information necessary
for such officer to determine whether the proposed sign or the proposed
alterations conform to all the requirements of this chapter.
(3)
Permits shall be granted or refused within 30 days upon satisfaction
of the Township that all required information has been supplied.
(4)
No sign permit shall be issued except in conformity with the
regulations of this chapter or except after written order from the
Zoning Hearing Board or the courts.
(5)
All applications for sign permits shall be accompanied by plans
or diagrams, in duplicate and approximately to scale, showing the
following:
(a)
Dimensions of the lot (including any right-of-way lines) and/or
building upon which the sign is proposed to be erected.
(b)
Size, dimensions and location of said sign on the lot or building,
together with its type, construction, materials to be used and the
manner of installation.
(c)
Any other lawful information which may be required of the applicant
by the Zoning Officer. One copy of said plan or diagram shall be returned
to the applicant after the Zoning Officer shall have marked such copy
either approved or disapproved and attested to same.
(6)
No building permit for a sign shall be issued without a valid
sign permit.
D.
Temporary zoning permits. 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.
E.
Building permits.
(1)
A building permit shall be required prior to the construction
of a building or structure and the enlargement or alteration of any
building or structure or any portion thereof.
(2)
Application for permit shall be made, in writing, on an appropriate
form to the Code Administration Officer and shall contain all information
necessary for such officer to determine whether the proposed building
or proposed alteration conforms to the applicable building code indicated
by the Township.[1]
(3)
All applications shall be accompanied by a grading plan depicting
preconstruction and postconstruction contours, as well as effects
of the building or alteration on existing vegetative growth, stormwater
movements, neighboring properties, steep slopes and other relevant
items, unless the Code Administration Officer deems same unnecessary
in order to assess the applicant's compliance with the relevant provisions
of this chapter.
(4)
Permits shall be granted or refused within 30 days upon satisfaction
of the Township that all required information has been supplied.
(5)
No building permit shall be issued without a valid zoning permit.
[Amended 11-18-2009 by Ord. No. 367]
A.
General. It shall be unlawful for the applicant and/or person or
other entity to sell, use or occupy any building or other structure
or parcel of land until a use and occupancy permit, if required, has
been duly issued therefor. A use and occupancy permit shall be required
prior to any of the following:
(1)
Use and/or occupancy of any parcel of land, building or other
structure hereinafter erected, altered or enlarged for which a zoning
permit, building permit or sign permit is required.
(2)
Change in use of any parcel of land, building or structure.
(3)
Changes in extension or enlargement of a nonconforming use.
(4)
For all commercial and industrial uses, a change of ownership
or use of any parcel of land, building or other structure for which
a zoning permit has been or should have been issued under this or
previous zoning ordinances.
(5)
For new construction in all zoning districts prior to sale.
B.
Application procedures. Application shall be made, in writing, to
the Zoning Officer on a form specified for such purposes.
C.
Issuance.
(1)
Use and occupancy permits shall be granted or refused within
10 days from the date of application. No application shall be granted
or refused until the Zoning Officer has inspected the premises. Issuance
of this permit by a Township Official or employee designated by the
Zoning Officer shall be based on conformity of the work to the requirements
of this chapter and any other pertinent ordinances.
(2)
Pending completion of a building or of alterations thereto,
a temporary use and occupancy permit may be issued by the Zoning Officer
for a temporary occupancy of part or all of the building, provided
that such temporary occupancy will not adversely affect in any way
the health, safety and welfare of the public or property and providing
further that a time limit for temporary permits not exceeding six
months shall be established.
(3)
In commercial and industrial districts in which performance
standards are imposed or when required by the Zoning Officer, no use
and occupancy permit shall become permanent until 60 days after the
facility is fully operating, when upon a reinspection by the Zoning
Officer it is determined that the facility is in compliance with all
performance standards.
All permit fees under this chapter shall be
determined by the Board and a schedule of such shall be made available
to the general public. The Board shall be empowered to reevaluate
the fee schedule and make necessary alterations to it. Such alterations
shall not be considered an amendment to this chapter and may be adopted
at any public meeting of the Board by resolution.
The granting of any permit under this chapter
by the Township or any of its designated officials or the use of land
or structures or the erection, alteration or extension or any structure
or the approval of any subdivision or land development plan shall
not constitute a representation, guarantee or warranty of any kind
by the Township or any of its officials or employees as to any manner
of injury resulting from such use, erection, alterations or extension
and shall create no liability upon, or a cause of action against such
public body, officials or employees for any damages or injury that
may result pursuant thereto.
[Amended 3-10-2004 by Ord. No. 310; 4-23-2008 by Ord. No. 360; 10-8-2014 by Ord. No. 417; 12-8-2021 by Ord. No. 466]
A.
Application.
(1)
Notwithstanding any other section or provisions of this chapter,
with respect to any proposed subdivision or land development involving
in the aggregate, whether proposed initially or cumulatively, 15 or
more lots, 15 or more residential dwelling units of any architectural
type(s), or 20,000 square feet or more in the aggregate floor area
of all nonresidential buildings, said use(s) shall be permitted only
following and pursuant to the issuance of conditional use approval
as described below.
(2)
An application for conditional use approval shall be accompanied
by a plan, which shall not be finally engineered, showing existing
conditions upon the subject property, as well as the size and location
of all proposed buildings, structures, and accessory facilities, including
roads, access driveways and parking areas.
(3)
The application shall be accompanied by such information in
graphic and/or narrative form to demonstrate to the satisfaction of
the Township the technical and economic feasibility of compliance
with all applicable standards and criteria, including, without limitation,
the adequacy of the plan with respect to the accommodation of vehicular
and pedestrian circulation and parking; landscaping, screening, and
buffering; stormwater management; sedimentation and erosion control;
active and passive recreation and open space; architectural compatibility
of buildings, structures and common or public area amenities; restoration
and adaptive reuse of any historic resources; transmission, treatment
and disposal of sanitary sewage; and provision for necessary utilities,
including potable water.
(4)
The impact statements and studies listed in § 325-124A(5) of this chapter shall be required as part of the conditional use application for projects that include any of the following:
(a)
100 or more dwelling units;
(b)
Institution or care facility with a residential component accommodating
200 or more residents;
(c)
Development of 100,000 square feet or more of floor area for
nonresidential institutional, commercial, office, or a combination
of these uses; or
(d)
Development of 500,000 square feet or more of floor area for
industrial (including data centers), manufacturing, warehousing, or
a combination of these uses.
(5)
Impact statements and studies. The Township shall be reimbursed
by the applicant for all costs incurred for the review of the following
studies:
(a)
Traffic impact study. The traffic impact study shall satisfy the requirements set forth in § 325-42 of this chapter.
(b)
Recreation impact study. This study shall analyze the demand
for recreational facilities that the proposed project will generate
and shall determine whether adequate facilities exist or are planned
or proposed. As a minimum, the study shall include the following:
[1]
A description of the projected age breakdown of the residents
and/or users of the proposed project.
[2]
A description of recreational facilities to be provided by the
developer, including a statement of the extent to which such facilities
will be available to the general public.
[3]
A description of who the responsible party(ies) will be for
ownership and maintenance of recreational facilities to be provided
by the developer.
[4]
A description of existing municipal recreational facilities
and the impact of the proposed project on these facilities.
[5]
A statement of the extent to which recreational facilities to
be provided by the developer will compensate for any deficiencies
in the Township's recreational facilities created by the demand
anticipated from the proposed project.
[6]
A statement of whether the developer plans to make any financial
contribution to the Township to compensate for the expected impact
upon public recreational facilities.
(c)
Fiscal impact analysis. The fiscal impact analysis shall describe
the likely impact of the project on the Township's tax revenue
and expenditure patterns. The analysis shall include estimates of
the revenues to accrue to the Township from the proposed project and
of the costs associated with delivering services to the proposed project.
The analysis shall address the impact of the proposed project on the
ability of the Township to deliver fire, police, administrative, public
works, and utility services. No specific methodology is required by
the Township, but applicants are encouraged to contact the Township
Finance Director to identify the most appropriate analysis methodology.
The Township reserves the right to reject an analysis if it is insufficient
in scope, misses or misrepresents key financial indicators, or is
in some other way unsuitable in the reasonable determination of the
Township. Particular aspects of the Township's service delivery
capability to be analyzed shall include:
[1]
Public works, including anticipated effects on the maintenance
of roads, signal systems, sanitary sewers, stormwater management,
solid waste management and recycling, open space and recreation areas,
and any other functions of this department. The study shall address
projected cost increases for the above-mentioned items in terms of
administration, personnel, equipment, and materials.
[2]
Emergency services, including anticipated effects on the demand
for services from the fire and ambulance companies having jurisdiction
and the Township Police Department, including, but not limited to,
personnel, specialized equipment, vehicles, working space, and training
requirements.
(d)
Environment and sustainability analysis.
[1]
The applicant shall provide a written analysis describing how
the project will promote a healthful natural environment, support
natural systems, be consistent with the principals of sustainable
development as "development that meets the needs of the present without
compromising the ability of future generations to meet their own needs,"[1] and promote the strategies of the West Chester Area 100%
Renewable Energy Transition Study.[2]
[2]
The analysis shall address the following as a minimum:
[3]
Applicants shall be prepared to discuss this statement with
the Township and the public in the course of the review process.
B.
Conditional use procedures.
(1)
A conditional use application shall be filed with the Township
on such forms as may be prescribed by the Board of Supervisors. Where
the applicant is not the legal or record owner of the property subject
to the application, the legal or record owner of the property shall
sign the application along with the applicant.
(2)
The Board of Supervisors shall schedule and hold a public hearing
on the application pursuant to public notice within 60 days of filing
unless the applicant waives or extends the time limitation.
(3)
One copy of the application and supporting material shall be
furnished to the Township Planning Commission, the County Planning
Commission and any other agencies or consultants deemed appropriate
by the Board of Supervisors, together with a request that such agencies
submit recommendations regarding the proposed conditional use.
(4)
Upon review of the application in terms of the standards and
criteria of this chapter, the Board of Supervisors shall render a
decision within 45 days next following the last session of the public
hearing. In allowing a conditional use, the Board of Supervisors may
attach such reasonable conditions and safeguards, in addition to those
expressed in this chapter, as it may deem necessary to implement the
purposes of this chapter and the Pennsylvania Municipalities Planning
Code.[4]
[4]
Editor's Note: See 53 P.S. § 10101 et seq.
(5)
Any applicant contemplating subdivision or land development, as that term is defined in Chapter 281, Subdivision and Land Development, of the Code of the Township of West Whiteland, shall, upon receiving conditional use approval, submit a subsequent application for approval pursuant to that chapter and the terms, conditions, and requirements thereof.
(6)
The applicant shall send written notification of the filing of an application for conditional use to all property owners within 300 feet of the subject property; and to all property owners who have registered their names with the Township pursuant to Subsection B(7) of this section as follows:
(a)
The 300 feet shall be measured at a right angle from all points
on every property line.
(b)
The names and addresses of the adjacent property owners shall be obtained from records of the Chester County Tax Assessment Office. The names and addresses of the owners registered under Subsection B(7) of this section shall be obtained from the Township Zoning Officer.
(c)
The notification shall be sent by regular mail and certified
mail, return receipt requested, and mailed a minimum of two weeks
before the first scheduled public hearing of the Board of Supervisors.
At the hearing, the applicant shall provide a copy of each notification
sent and certified mail green cards if available. The hearing shall
not proceed unless the copies are provided.
(d)
At a minimum, the written notice shall contain the street address
of the parcel, a general description of what is proposed by the applicant,
and the time, date and location of the first Board of Supervisors
hearing and shall inform the property owner that only one notice will
be provided and that they are not required to attend but may attend
if interested.
C.
Standards for review of proposed conditional use.
(1)
In any instance where the Board of Supervisors is required to
consider a request for a conditional use in accordance with express
standards and criteria, the burden shall be on the applicant to provide
the Board with all information necessary to evaluate the conditional
use. The applicant shall demonstrate to the Board's satisfaction
that:
(a)
The proposed use shall meet all of the specific standards and
regulations for eligibility which appear in the section of this chapter
authorizing the proposed conditional use;
(b)
The size, scope, extent and character of the exception desired
and consistent with the plan for future land use in West Whiteland,
and with the spirit, purpose and intent of this chapter;
(c)
The suitability of the property for the use desired and the
new or expanded use, if approved, will be susceptible of regulation
or restriction by appropriate conditions and safeguards;
(d)
The public interest in, or the need for, the proposed use or
change, and the proposal will serve the best interest of the Township,
the convenience of the community (where applicable), and the public
health, safety, morals and general welfare;
(e)
Where pertinent, the effects of the proposal with respect to
congestion on the roads or highways, the most appropriate use of land,
conserving the value of buildings, safety from fire, panic and other
dangers, adequacy of light and air, the prevention of overcrowding
of land, congestion of population and adequacy of public and community
services will not have a substantially adverse effect thereon;
(f)
The proposed change is reasonable in terms of the logical, efficient
and economical extension of public services and facilities, including,
but not limited to, public water, sewers, police and fire protection,
transportation and public schools;
(g)
The natural features and processes characterizing the proposed
site and its surroundings shall not suffer unmitigated degradation,
that the management of stormwater, the provision of water and/or sewer
service, and any other alterations to the site's predevelopment
condition shall be consistent with Township goals, practices and plans
in these regards and that demand for water and energy by the proposed
use shall be minimized to the optimal extent;
(h)
The character and type of development in the area surrounding
the location for which the request is made and the proposed change
or modification, if permitted, will constitute an appropriate use
in the area and will not substantially injure or detract from the
use of surrounding property or from the character of the neighborhood.
Where the development of wooded lands is proposed, improvements shall
be designed and located to minimize the loss of viable trees to the
extent consistent with the reasonable use of the property;
(i)
Development of highway frontage insofar as possible has been
designed so as to limit the total number of access points, reduce
the need for on-street parking and encourage the frontage of buildings
on parallel marginal access roads or on roads perpendicular to the
highway;
(j)
The probable effects of proposed development on highway congestion
has been considered and adequate access arrangements are provided
in order to protect major highways from undue congestion and hazard;
(k)
The impact upon on-site and adjacent historic resources of the
Township has been mitigated; and
(l)
Where the property or a portion of the property that is the subject of the application is improved at the time of the conditional use application, the Township may require that any existing development and/or uses on the property comply with all previous conditions of approval of a land development, subdivision, conditional use, special exception, zoning variance, or waiver of any provision of Chapter 281, Subdivision and Land Development, previously granted for the property.
(2)
The Board shall, in addition to such other consideration and
determinations as may be required by law and other provisions of this
chapter, impose such conditions, in addition to those required as
are necessary to assure that the intent of this chapter is complied
with and which are reasonably necessary to safeguard the health, safety,
morals and general welfare of the residents of the Township at large
and the residents and owners of the property adjacent to the area
in which the proposed use is to be conducted. Conditions may include,
but are not limited to: harmonious design of buildings; aesthetics;
hours of operation; lighting; numbers of persons involved; noise;
sanitation; safety; smoke and fume control; and the minimizing of
noxious, offensive or hazardous elements.
A.
Power of amendment. The Board may from time to time
amend, supplement, change, modify or repeal this chapter, including
the Zoning Map. The Board, by resolution adopted at a stated or special
meeting, shall fix the time and place of a public hearing on the proposed
change, amendment or repeal and cause notice thereof to be given as
follows:
(1)
By publishing a notice of the time and place
of the hearing not more than 30 days and not less than seven days
in advance of the date fixed for the hearing in a newspaper of general
circulation in the Township. Such notice shall be published once each
week for two successive weeks. In addition, if the proposed amendment
involves a Zoning Map change, notice of the said public hearing shall
be conspicuously posted by the Zoning Officer or his designee at points
along the perimeter of the tract affected sufficient to notify potentially
interested citizens, the said posting of the affected tract or area
shall be accomplished no less than one week prior to the date of the
hearing.
(2)
The notice shall also be set forth the principal
provisions of the proposed change, amendment or repeal in reasonable
detail and a reference to a place in the Township where copies of
the proposed change, amendment or repeal may be examined or purchased
at a charge not exceeding the cost thereof. Full opportunity to be
heard will be given to any citizens and all interested parties attending
such hearing.
B.
Property owners may submit a proposal for the amendment of this chapter, including the Zoning Map, on forms to be provided by the Township. Such proposals shall be accompanied by a fiscal impact analysis, as described in § 325-124A(5)(c) of this chapter, describing the anticipated fiscal impact upon the Township of the proposed amendment.
[Added 12-8-2021 by Ord. No. 466[1]]
C.
Citizen's petition. Whenever the owners of 50% or more of the area in any district shall present to the Board a petition, duly signed and acknowledged, requesting an amendment, supplement, change, modification or repeal of any of the regulations or restrictions prescribed by this chapter for their district or a change or modification of the Zoning Map with reference to such district, it shall be the duty of the Board to hold a public hearing thereon and cause notice thereof to be given in the manner prescribed in Subsection A above.
D.
Planning Commission referral. The Board shall refer
each petition or proposal for change or amendment whether under this
article or under another article to the Township Planning Commission
and County Planning Commission which shall consider whether or not
such proposed amendment or change would be, in the view of the Commission,
consistent with and desirable in furtherance of the Comprehensive
Plan upon which this chapter is based, as the same may be modified
from time to time. The Commission shall transmit its conclusion thereon,
together with its reasons therefor, to the Board within 30 days. The
Board shall take such conclusion and reasons into consideration in
reaching its decision, but shall not be bound thereby. Within 30 days
following any zoning ordinance amendment, a copy of the amendment
to the zoning ordinance shall be forwarded to the Chester County Planning
Commission.
E.
Curative amendment procedures. A landowner who desires
to challenge, on substantive grounds, the validity of this chapter
or Zoning Map or any provision thereof, in which he has an interest,
may submit a curative amendment to the Board of Supervisors with a
written request that his challenge and proposed amendment be heard
and decided as provided in Section 609.1 of the Pennsylvania Municipalities
Planning Code, as amended.[2]
[2]
Editor's Note: See 53 P.S. § 10609.1.
F.
[3]Township curative amendments. Should the Township determine
that this chapter, or any portion hereof, is substantially invalid,
the Township shall undertake those actions and procedures set forth
for rectifying such invalidity as provided in Section 609.2 of the
Pennsylvania Municipalities Planning Code, as amended.[4]
[3]
Editor's Note: Former Subsection F, Notification procedures,
added 3-10-2004 by Ord. No. 310, was repealed 12-8-2021 by Ord. No. 466. Said ordinance also repealed former Subsection G, added 3-10-2004 by Ord. No.
310, which provided that owners and occupiers of
properties in the Township may register their names with the Township
Zoning Officer for purposes of receiving notice of the filing of a
conditional use application.
[4]
Editor's Note: See 53 P.S. § 10609.2.
[Added 11-18-2009 by Ord. No. 367]
A.
Every applicant shall, at the time of filing application for conditional
use, pay to the Township of West Whiteland a nonrefundable filing
fee as adopted by the Board, the amount of which shall be fixed by
the Board by resolution.
B.
An applicant who submits an application for conditional use in connection with or related to a pending or future application for subdivision or land development approval shall reimburse all review fees incurred by the Township and, at the discretion of the Township, shall submit an escrow deposit at the time of the application. The escrow deposit shall be in an amount established by the Township's fee schedule and shall be processed in the same manner as escrow deposits required under the West Whiteland Township Subdivision and Land Development Ordinance, § 281-60A. All decisions on conditional uses shall be expressly conditioned on or shall make provision for the payment of the review fees by the applicant.
C.
Review fees are all fees of professional consultants that are in
connection with an application for a conditional use that is related
to, but not directly part of, a subdivision and land development application,
which are otherwise recoverable under 53 P.S. § 10503. For
example (but not limited to), if conditional use approval is required
in order for the applicant to proceed with the applicant's subdivision
or land development, the review fees as herein defined shall apply.
Review fees include all reasonable and necessary charges by the Township's
professional consultants for review and report to the Township that
are not otherwise reimbursed to the Township or otherwise imposed
upon the applicant. The review fees of professional consultants shall
not include fees that were incurred in the course of an appeal of
a decision on a conditional use application. Such expenses shall be
reasonable and in accordance with the ordinary and customary charges
charged by the Township's professional consultant for similar services
in the community. In no event shall the fees exceed the rate charged
by the professional consultant to the Township for comparable services
when fees are not reimbursed or otherwise imposed on applicants.
D.
Professional consultants include, but are not limited to, architects,
attorneys, certified public accountants, engineers, geologists, land
surveyors, landscape architects and planners, including professionals
employed by the Township such as the Director of Planning.
E.
The Township shall submit to the applicant an itemized bill for the
review fees of professional consultants, identifying the person performing
the services, the date and time spent for each task. The Township
shall also provide the applicant with a final itemized bill for review
fees subsequent to a final decision on the application for conditional
use. Any review fees incurred subsequent to the decision, including
inspections and other work necessary to satisfy conditions of approval,
shall be charged to the applicant as a supplement to the final bill.
Any fees not paid within the time specified by the Township shall
be assessed an interest penalty as established by the Board and may
result in the suspension of reviews of the applicant's plans. All
delinquent accounts may be deemed a municipal claim and collected
pursuant to the Municipal Claims and Tax Liens Act, 53 P.S. § 7101
et seq.
F.
In the event that the applicant disputes such review fees, the applicant
shall notify the Township and the professional consultant of the basis
of the objections to the bill, in writing, no later than 45 days after
the date of transmittal of the bill to the applicant. The failure
of an applicant to dispute a bill within 45 days of its transmittal
shall serve as a waiver of the applicant's right to further contest
the bill and an applicant shall pay the same. In the event that the
Township's professional consultant and the applicant cannot agree
on the amount of review fees that are reasonable and necessary, the
applicant and Township shall follow the procedures for dispute resolution
set forth in 53 P.S. § 10510(g), provided that the professionals
resolving such dispute shall be of the same profession or discipline
as the consultants whose fees are being disputed.
