There shall be a Zoning Officer, appointed by
the Board of Supervisors and meeting the qualifications established
by the Board, whose duty it shall be, and who is hereby given the
authority, to enforce the provisions of this chapter. He/she shall:
A.
Receive and examine all applications for permits,
referring applications to the Planning Commission for review and recommendation
when deemed advisable; record and file all applications for permits
with any accompanying plans and documents; coordinate administrative
and monitoring activities resulting from the issuance of building
permits with the Township Building Inspector.
B.
Issue permits only when there is compliance with the
provisions of this chapter and with other Township ordinances.
C.
Receive applications for special exceptions or variances
and forward these applications to the Zoning Hearing Board for action
thereon.
D.
Receive applications for appeals from alleged error
of the Zoning Officer and forward these applications to the Zoning
Hearing Board for action thereon.
E.
Receive applications for conditional uses and forward
these applications to the Board of Supervisors and the Planning Commission
for action thereon.
F.
Issue permits resulting from decisions on special
exception or variance applications, or from decisions on conditional
use applications, only upon written order of the Zoning Hearing Board
or the Board of Supervisors, respectively.
G.
Conduct inspections or surveys to determine compliance
or noncompliance with the terms of this chapter.
H.
Issue cease and desist orders, in writing, to require
correction of all conditions found to be in violation of the provisions
of this chapter. Such written orders shall be served personally or
by certified mail upon persons, firms, or corporations deemed by the
Zoning Officer to be violating the terms of this chapter.
I.
Maintain the official Zoning Map showing the current
zoning classification of all land.
J.
Upon the request of the Board of Supervisors, the
Planning Commission, or the Zoning Hearing Board, present to such
bodies facts, records, or reports which they may request to assist
them in making decisions.
A.
It shall be unlawful to undertake, or cause to be
undertaken, any erection, construction, alteration, demolition, or
removal of any building or structure anywhere within the Township
unless a building permit has been obtained from the Zoning Officer.
A building permit shall not be required for minor repairs to existing
buildings or structures, as such repairs are defined in the Township
Building Code.[1]
A.
Any application for a building permit shall be made
in writing on forms furnished by the Township. It shall be accompanied
by a plot plan showing the exact size and location of any buildings
or other structures existing on the lot in question and the lines
within which the proposed building or other structure shall be erected
or altered. In addition, there shall be included with all applications
such other plans, documents, and information as the Zoning Officer
may deem necessary to enable him/her to ascertain compliance with
this chapter and all other pertinent ordinances.
A.
The Zoning Officer shall issue a building permit only
after he/she has determined that the proposed work to be undertaken
will be in conformance with the requirements of this and all other
applicable codes and ordinances.
B.
Prior to the issuance of any building permit, the
Zoning Officer shall review the permit application to determine if
all other necessary governmental reviews and permits have been obtained,
including but not limited to those required by Act 537, the Pennsylvania
Sewage Facilities Act (35 P.S. § 750.1 et seq.); the Pennsylvania
Dam Safety and Encroachments Act (32 P.S. § 693.1 et seq.);
the United States Clean Water Act; the Pennsylvania Floodplain Management
Act (32 P.S. § 679.101 et seq.); and the Pennsylvania Clean
Streams Act (35 P.S. § 691.1 et seq.). No permit shall be
issued until this determination has been made.
C.
A building permit shall be issued, or the application denied, within 15 days of submission of the application, unless the Zoning Officer will require a more extended time period to obtain and/or review any additional plans, documents, or other information he/she deems necessary to determine compliance with applicable ordinances, as authorized by § 170-2002A above. Where such an extension of time will be needed, the Zoning Officer shall seek written concurrence from the applicant; in the absence of such written concurrence, the Zoning Officer shall have the right to deny the application within the fifteen-day period.
D.
Upon completion of the addition to, erection or alteration
of any structure, or portion thereof, authorized by any building permit
obtained in compliance with this article, and prior to use or occupancy
of such structure, the holder of such permit shall notify the Zoning
Officer of such completion. Use and occupancy shall not be authorized
until the Zoning Officer has certified that the work has been inspected
and approved as being in conformity with this and other applicable
ordinances, and has issued a use and occupancy permit as provided
below. The Zoning Officer or his agent must, within three working
days of the notice, inspect the premises or the occupancy shall be
considered approved.
A.
A use and occupancy permit shall be required prior
to any of the following:
[Amended 5-2-2005 by Ord. No. 2005-4]
(1)
Use and occupancy of any new building or new
portion of building not previously occupied and for which electrical,
plumbing or heating was installed.
(2)
Change in classification/type of use of any
building or structure.
(3)
Use of land or change in the use thereof, except
that the use of land or change in use for agricultural purposes shall
not require a permit.
(4)
Change in use, or extension, of a nonconforming
use.
(5)
Change or transfer of ownership.
B.
It shall be unlawful for any person to use or occupy
any building or other structure or land, as described above, until
a use and occupancy permit has been duly issued therefor.
C.
A certificate
of use and occupancy of an accessory dwelling 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 dwelling beyond that
period shall be unlawful unless, prior thereto, the owner applies
for and receives a renewal permit.
[Added 5-21-2012 by Ord. No. 2012-5]
D.
A certificate of use and occupancy of an accessory dwelling unit shall not be issued or renewed unless it is demonstrated by the applicant that the accessory dwelling unit and its use and occupancy complies with all regulations applicable thereto, including, but without limitation, the occupancy requirements of § 170-1603A(2)(c) and (d).
[Added 5-21-2012 by Ord. No. 2012-5]
[Amended 5-21-2012 by Ord. No. 2012-5]
All applications for use and occupancy permits and renewals thereof shall be made in writing on forms furnished by the Township and shall include all information necessary to enable the Building Inspector to ascertain compliance with this chapter, including the notice of completed work on the structure as required in § 170-2003 and the identity of the occupants of accessory dwellings to demonstrate compliance with § 170-1603A(2)(c) and (d).
[Amended 5-2-2005 by Ord. No. 2005-4]
A.
No use and occupancy permit shall be issued until
the Building Inspector has certified that the proposed use complies
with all applicable provisions of this chapter and has inspected the
premises to confirm compliance of the building. No building that was
erected or altered pursuant to a building permit shall be occupied
until inspected and certified as to compliance with all zoning, construction,
safety and sanitary ordinances, codes and regulations. Upon a change
or transfer of ownership, the Building Inspector shall certify only
compliance with the codes and standards identified on the resale inspection
report authorized by the Township.
B.
Pending completion of a building or of alterations
thereto, a temporary use and occupancy permit may be issued by the
Building Inspector for temporary occupancy of a part or all of a building,
provided that such temporary occupancy will not in any way jeopardize
life or property and is limited to a period of less than 90 days.
All requirements for sign permits are contained in § 170-1808 of this chapter.
A.
If the Zoning Officer or Building Inspector determines
that an application is in compliance with the provisions of this chapter,
it shall be his duty to issue the appropriate permit. If he/she 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/she shall inform the applicant as to the prescribed method of appeal
or further application for approval.
B.
Upon the granting of a building permit, the Building
Inspector shall issue to the applicant a placard, confirming the granting
of such permit, to be displayed upon the premises in a manner conspicuous
to the public for a period of 30 days. Failure to so display said
placard shall result in revocation of the building permit.
A.
Statement of intent. This chapter provides for certain
uses to be permitted within the Township as conditional uses. In so
providing, the Board of Supervisors recognizes that these uses may
or may not be appropriate at every location within any specific district
and, accordingly, has established standards and criteria by which
it can evaluate and decide upon applications for such uses. It is
intended that these uses, constituting major uses having the potential
for substantial impact upon the community, shall comply with the standards
for conditional uses hereinafter set forth, in addition to the relevant
stipulations of the district in which the conditional use is authorized.
In the sole discretion of the Board of Supervisors, failure to comply
with these standards may be deemed a basis for the imposition of appropriate
conditions to a grant of approval. Where there is a conflict between
the standards set forth in this section and other standards elsewhere
established by this or other applicable chapters, it is intended that
the more stringent standards shall apply, and it is not the intent
of this section to abrogate or impair any other such standards or
requirements. Where any use or any applicable design criteria subject
to conditional use approval also is a part of an overall land development
plan subject to application for approval of a special exception, such
use or design criteria may be considered for approval by the Zoning
Hearing Board as part of the applicable special exception application
in lieu of separate submission of an application for conditional use
approval. Similarly, where any use or any applicable design criteria
subject to special exception approval also is a part of an overall
land development plan subject to application for conditional use approval,
such use or design criteria may be considered for approval by the
Board of Supervisors as part of the applicable conditional use application
in lieu of separate submission of an application for approval of a
special exception.
B.
Submission and content of conditional use applications.
(1)
It shall be the burden of the applicant to demonstrate
compliance with the standards for conditional use contained in this
section and with any other relevant stipulations of this chapter,
and to indicate means by which potential impacts from the proposed
use will be mitigated.
(2)
An application for conditional use approval
shall be submitted on a form provided by or otherwise acceptable to
the Township and shall be accompanied by an application fee, the amount
of which shall be established by resolution of the Board of Supervisors.
(3)
An accurate site plan prepared by a qualified
professional shall be submitted. Such site plan shall accurately show
topography and existing and proposed development.
(a)
Detailed grading plans, stormwater calculations, profiles and similar engineering details are not required to be submitted until a preliminary or final plan application is made under Chapter 149, Subdivision and Land Development.
(b)
If a traffic study is required by this chapter or Chapter 149, Subdivision and Land Development, it shall be submitted with the conditional use application.
(c)
The approximate location of stormwater basins
and swales shall be shown.
(d)
The application shall include sufficient information,
e.g., preliminary site grading and road profiles, preliminary stormwater
management analysis, etc., to preliminarily determine compliance with
the Township natural feature, site analysis, conservation design process
(if applicable) and density requirements.
(4)
The scale of the site plan shall be one inch
equals 50 feet. If the site plan is on more than one sheet, then the
overall layout shall also be submitted on a single sheet. If only
a portion of a tract is proposed for development, the submittal shall
show how this portion will be fully coordinated with the development
of future portions of the tract.
(5)
Where specific conditional use submission requirements
are contained within another article of this chapter and are applicable
to a particular conditional use authorized by that article, those
requirements shall be adhered to and shall prevail in any instance
of conflict or overlap.
(6)
In addition to demonstrating compliance with
all standards applicable to the conditional use being requested, the
site plan shall show the applicant's intentions with regard to the
following:
(a)
Site access, interior circulation, and parking.
(b)
Location, approximate dimension, and arrangement
of all areas devoted to ground cover, trees, screen planting, open
space, recreation, and similar purposes, as applicable.
(c)
Adequate handling of stormwater, in the form
of a preliminary written analysis and conclusions as to anticipated
methods, prepared by a registered professional engineer.
(d)
Location, planned uses, approximate overall
dimensions, gross floor area, coverage, and height of each building
or structure.
(e)
Strong consideration shall be given to incorporation
of LEED (Leadership in Energy and Environmental Design) certified
building design principals recommended by the US Green Building Council.
[Added 9-15-2008 by Ord. No. 2008-1]
(7)
Site analysis and the conservation design process.
C.
Application review procedures.
(1)
The application shall be reviewed by the Zoning
Officer. If it is deficient with regard to any required components,
procedures, or fees, the Zoning Officer shall so notify the applicant.
This review and notification shall occur prior to the scheduling of
a public hearing on the application. If such identified deficiencies
are not remedied in the form of a resubmitted application, such deficiencies
shall constitute grounds for denial of the application by the Board
of Supervisors subsequent to public hearing.
(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, in writing, waives
or extends the time limitation.
(3)
Prior to the date of the hearing, one copy of
the application shall be furnished to the Township Planning Commission,
together with a request that it submit recommendations to the Board
for consideration at the hearing. The Planning Commission, in its
review of the conditional use application, shall evaluate in particular
the generalized site plan in relation to the Township Comprehensive
Plan and the physical development of the Township.
[Amended 10-4-2021 by Ord. No. 2021-08]
(4)
A stenographic record of the hearing proceedings
shall be made by a court reporter. The appearance fee for the court
reporter shall be shared equally by the applicant and the Board. Any
party requesting the original transcript or a copy of the transcript
shall bear the cost of same.
(5)
The plan presented at the public hearing shall
be essentially the same as that reviewed by the Planning Commission.
Changes deemed by the Planning Commission to be substantial may result
in rescheduling the public hearing where the Planning Commission finds
that such changes necessitate a greater period of time for review
and comment.
(6)
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 of completion of the public hearing
process.
(7)
In approving a conditional use application,
where such use is authorized under this chapter, the Board of Supervisors
may, at its sole discretion, attach such conditions to its approval
as it deems necessary to further the purposes of this chapter. Such
conditions may include, but need not be limited to:
(8)
If the Board of Supervisors approves the application and accompanying generalized site plan, such approved plan shall accompany any application for subdivision or land development as prescribed by Chapter 149, Subdivision and Land Development, in addition to the detailed working drawings normally required, and any application for a building permit. The issuance or rejection of a building permit shall take place in the regularly prescribed manner herein pertaining to building permits, but shall be preceded by compliance with Chapter 149, Subdivision and Land Development.
(9)
Any grant of conditional use approval shall
be deemed null and void six months from the date of such approval
if, within that period, no application is made for a building permit,
a use and occupancy permit, or subdivision or land development approval,
as appropriate, unless the Board of Supervisors shall grant an extension.
D.
Standards for conditional use approval.
[Amended 5-3-1999 by Ord. No. 99-2]
(1)
In reviewing and acting upon an application
for conditional use, the Board of Supervisors shall evaluate the degree
of compliance with the following standards:
(a)
The uses proposed shall be limited to those
authorized as conditional uses within the district in which the lot
or parcel is situated.
(b)
The proposal shall be consistent with the Township
Comprehensive Plan and with the purpose of this chapter to promote
the public health, safety, and general welfare.
(c)
The appropriate use, and the value, of adjacent
property will be safeguarded.
(d)
The development, if more than one building,
will consist of a harmonious grouping of buildings or other structures.
(e)
If the development is to be carried out in progressive
stages, each stage shall be so planned that the conditions and intent
of this chapter shall be fully complied with at the completion of
any stage.
(f)
The demand created by the proposed use upon
public services and facilities such as water supply, sewage disposal,
police and fire protection, emergency services, open space and recreation
facilities, and the public school system has been considered and,
where necessary, adequate arrangements for expansion or improvement
are assured.
(g)
The design and use of any new construction and
the proposed change of design (if any) and proposed change in use
of existing buildings will be compatible with the existing designs
and uses in the immediate vicinity and that the proposed design or
use shall be compatible with the character of the neighborhood.
(h)
The burden of proof shall be upon the applicant
to prove to the satisfaction of the Board of Supervisors, by credible
evidence, that the use will not result in or substantially add to
a significant traffic hazard or significant traffic congestion. The
peak traffic generated by the development shall be accommodated in
a safe and efficient manner. Such analysis shall consider any improvements
to streets that the applicant is committed to complete or fund.
[Added 5-3-1999 by Ord. No. 99-2]
(2)
The Board of Supervisors shall weigh each case
on its own merits, separately, based upon pertinent information presented
or known to it, and without regard to any previous case.
[Added 3-3-2003 by Ord. No. 2003-2]
A.
The minimum lot area, minimum lot width and minimum
street frontage requirements of this chapter shall not apply to uses
or structures owned by Westtown Township or by a municipal authority
created solely by Westtown Township for uses and structures that are
intended for a public utility, stormwater or public health and safety
purpose.
B.
This chapter shall allow a lot or structure to become
nonconforming if necessary to provide for needed acquisition of right-of-way
by the Township or PennDOT for a street, utility or stormwater improvement.
