Township of West Whiteland, PA Administration

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.

In case of mixed occupancy, the regulations for each use shall apply to that portion of the building or land so used.

Administration and enforcement.

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.

Duties. The duties of the Zoning Officer shall be:

To examine all applications for permits required by this chapter.

To issue permits only for construction and uses which are in accordance with the regulations of this chapter and as may be subsequently amended.

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.

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.

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.

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.

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.

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.

§ 325-120 Permits.

[Amended 11-18-2009 by Ord. No. 367]

General.

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.

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.

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.

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.

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.

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.

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:

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.

Three copies of detailed architectural plans for any proposed building or structure under the application.

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.

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.

Additional copies of any information may be required by the Zoning Officer.

Permits shall be granted or refused within 30 days upon satisfaction of the Township that all required information has been supplied.

Sign permit.

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.

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.

Permits shall be granted or refused within 30 days upon satisfaction of the Township that all required information has been supplied.

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.

All applications for sign permits shall be accompanied by plans or diagrams, in duplicate and approximately to scale, showing the following:

Dimensions of the lot (including any right-of-way lines) and/or building upon which the sign is proposed to be erected.

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.

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.

No building permit for a sign shall be issued without a valid sign permit.

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.

Building permits.

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.

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]

Editors Note: See Ch. 129, Construction Codes, Uniform.

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.

Permits shall be granted or refused within 30 days upon satisfaction of the Township that all required information has been supplied.

No building permit shall be issued without a valid zoning permit.

§ 325-121 Use and occupancy permits.

[Amended 11-18-2009 by Ord. No. 367]

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:

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.

Change in use of any parcel of land, building or structure.

Changes in extension or enlargement of a nonconforming use.

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.

For new construction in all zoning districts prior to sale.

Application procedures. Application shall be made, in writing, to the Zoning Officer on a form specified for such purposes.

Issuance.

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.

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.

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.

§ 325-122 Determination of fees.

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.

§ 325-123 Municipal liability.

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.

§ 325-124 Conditional uses.

Application.

[Amended 10-8-2014 by Ord. No. 417]

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.

An application for conditional use 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.

The application shall be accompanied by 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; the transmission, treatment, and disposal of sanitary sewage; and provision for necessary utilities including potable water.

Conditional use procedures.

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, and has entered into a lease agreement for the entire subject property or a portion thereof, the legal or record owner of the property shall sign the application along with the applicant.

[Added 4-23-2008 by Ord. No. 360]

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.

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.

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.[1]

Editor's Note: See 53 P.S. § 10101 et seq.

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.

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:

[Added 3-10-2004 by Ord. No. 310]

The 300 feet shall be measured at a right angle from all points on every property line.

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.

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, the time, date and location of the first Board of Supervisors hearing and inform the property owner that only one notice will be provided and that they are not required to attend but may attend if interested.

(7)

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 pursuant to Subsection B(6) of this section.

[Added 3-10-2004 by Ord. No. 310]

Standards for review of proposed conditional use.

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:

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.

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.

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.

(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.

Each applicant for conditional use shall establish the effect of the proposed development on the reserve capacity of the public roads and road intersections providing access to and in the area of the subject property. No conditional use shall be granted if an effect thereof will be to materially increase traffic congestion on the said roads or at the said road intersections.

(k)

The impact upon on-site and adjacent historic resources of the Township has been mitigated.

(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.

[Added 4-23-2008 by Ord. No. 360]

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.

§ 325-125 Amendments.

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:

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.

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.

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.

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.

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.[1]

Editor's Note: See 53 P.S. § 10609.1.

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.[2]

[2]

Editor's Note: See 53 P.S. § 10609.2.

Notification procedures. 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 G of this section as follows:

[Added 3-10-2004 by Ord. No. 310]

The 300 feet shall be measured at a right angle from all points on every property line.

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 G of this section shall be obtained from the Township Zoning Officer.

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.