The provisions of this chapter shall be enforced
by a Zoning Officer and Assistant Zoning Officer with the aid of other
municipal agencies. The Zoning Officer and Assistant Zoning Officer
shall be appointed at the first meeting of the Township Supervisors
following the adopting of this chapter, to serve until the first Monday
of January next following and shall be appointed annually to serve
terms of one year and/or until their successors are appointed. The
Zoning Officer and Assistant Zoning Officer may succeed themselves.
They shall receive such compensation as the governing body shall provide.
Reference herein to the Zoning Officer shall include the Assistant
Zoning Officer.
No buildings or other structures shall be constructed,
placed or altered in the Township or the use of any building or other
structures changed, nor vacant land occupied until a zoning permit
is secured from the Zoning Officer. Upon completion of the work authorized
by any permit, the applicant or owner shall notify the Zoning Officer
of said completion. No permit shall be considered as complete or permanently
effective until the Zoning Officer has noted on the permit that the
work has been inspected and approved as being in conformity with the
provision of this chapter.
A use and occupancy permit shall be required
prior to any of the following:
A. Use and occupancy of any building or other structure
hereinafter erected or altered.
B. Change in use of any building or structure.
C. Use of land or change in the use thereof, except that
the placing of vacant land under cultivation shall not require a use
and occupancy permit.
D. Change in use or extension of a nonconforming use.
[Amended 3-21-1990 by Ord. No. 115]
E. It shall be unlawful for any person to use or occupy any
building or other structure or land until a use and occupancy permit
has been duly issued therefor.
[Added 3-21-1990 by Ord. No. 115]
All applications for use and occupancy permits
shall be made in writing on forms furnished by the Township and shall
include all information necessary to enable the Zoning Officer to
ascertain compliance with this chapter.
No use and occupancy permit shall be issued
until the proposed use complies with all the provisions of existing
Township ordinances. Permits for construction and uses which require
a special exception or a variance shall be issued only upon order
of the Zoning Hearing Board.
If the Zoning Officer determines that an application
is in compliance with the provisions of this chapter, it shall be
his duty to issue the appropriate permit; and if he determines that
an application is not in compliance with the provisions of this chapter,
it shall be his duty to refuse the permit, in which case he shall
instruct the applicant in the method of appeal or application to the
Zoning Hearing Board.
The applicant for a permit shall, at the time
of making the application, pay to the Zoning Officer, for the use
of the Township, a fee in accordance with a fee schedule adopted by
resolution of the Board of Supervisors, as may be amended from time
to time.
Development plans, in accordance with the requirements
of the Worcester Township Land Development Subdivision Ordinance, shall be submitted for the use and development of all
land, except that no such plans shall be required for agricultural
or single-family detached dwellings where no street work or changes
are involved.
The Supervisors may grant approval of a listed
conditional use under any district, provided that the following standards
and criteria are complied with by the applicant for the conditional
use. The burden of proving compliance with such standards and criteria
shall be on the applicant.
A. The applicant shall establish by credible evidence that the use or other subject of consideration for approval complies with the declaration of legislative intent as stated in Article
I of this chapter and the declaration of legislative intent that may appear at the beginning of the applicable district under which approval is sought.
B. The applicant shall establish by credible evidence
compliance with conditions on the conditional use enumerated in that
section which gives the applicant the right to seek a conditional
use.
C. The applicant shall establish by credible evidence
that the proposed use or other subject of consideration for approval
shall not adversely affect neighboring land uses in any way and that
the proposed use or other subject of consideration for approval shall
not impose upon its neighbors in any way, but rather shall blend in
with them in a harmonious matter.
D. The applicant shall establish by credible evidence
that the proposed use or other subject of consideration for approval
shall be properly serviced by all existing public service systems.
The peak traffic generated by the subject of the approval must be
accommodated for in a safe and efficient manner or improvements made
in order to effect the same. Similar responsibility must be assumed
with respect to other public service systems including police protection,
fire protection, utilities, parks and recreation.
E. The applicant shall establish by credible evidence
that the proposed use or other subject of consideration for approval
shall be properly designed with regard to internal circulation, parking,
buffering and all other elements of proper design.
F. The applicant shall provide the Supervisors with sufficient
plans, studies or other data to demonstrate that compliance with the
permitted uses or other such regulations, as may be the subject of
consideration for a conditional use approval, is unreasonable or inappropriate
for the instance at hand.
G. The Supervisors shall impose such conditions as are
necessary to ensure compliance with the purpose and intent of this
chapter, which may include planting and buffers, harmonious design
of buildings and the elimination of noxious, offensive or hazardous
elements.
[Added 5-19-1999 by Ord. No. 170]
Unless otherwise specified in the decision of
the Board of Supervisors, a conditional use shall expire if the applicant
fails to obtain a building permit in connection therewith within one
year of the date of the order of the Board or court granting such
conditional use. In those instances where land development or subdivision
approval is a necessary prerequisite prior to obtaining a building
permit, the conditional use shall expire if the applicant fails to
make a diligent effort to obtain such approval within six months following
the date of conditional use approval. Upon receipt of land development
approval, the conditional use shall expire if a building permit is
not obtained within six months of the date of land development approval.