Township of East Whiteland, PA
Chester County
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Table of Contents
Table of Contents
A. 
Enforcement. The provisions of this chapter shall be enforced by a Zoning Officer assisted by the East Whiteland Township Police Department and other municipal agencies.
B. 
Duties and powers. The Zoning Officer shall have the duty and the power to:
(1) 
Keep a permanent record of all plans and applications for permits and all permits issued with notations as to special conditions attached thereto. All records shall be open for public inspection and shall be the property of the Township.
(2) 
Review applications for zoning permits for construction or alterations of structures or changes of use, determine whether such construction or use is in accordance with the general requirements of this chapter, all other applicable ordinances, and with the laws and regulations of the commonwealth.
(3) 
Conduct inspections and surveys to determine compliance or noncompliance with the terms of this chapter. In carrying out such surveys, the Zoning Officer or his representative may enter upon any land or buildings except that if a building is occupied, he must obtain a warrant prior to entering upon the building or property.
(4) 
Make written orders requiring compliance with the provisions of this chapter to be served personally or by registered mail.
(5) 
Institute proceedings in courts of proper jurisdiction for the enforcement of the provisions of this chapter.
(6) 
Maintain a map showing the current zoning classification of all land.
(7) 
Maintain a map and register showing the registration, identity, location, and type of all nonconforming uses.
(8) 
Maintain a map showing ultimate rights-of-way for streets.
(9) 
Participate in all proceedings before the Zoning Hearing Board; present facts and information to assist the Board in reaching a decision; resist and oppose any deviations from the standard provisions of this chapter.
A. 
Issuance of permits. The Zoning Officer shall have authority to issue zoning permits only for construction and uses that are in accordance with the general requirements of this chapter. Zoning permits for construction and uses that are a special exception to such general requirements shall be issued by the Zoning Officer only upon order of the Zoning Hearing Board and permits for uses that are conditional uses shall be issued only upon order of the Board of Supervisors. The Zoning Officer shall issue no permits for the construction or use of any land or building unless the construction or use also conforms to the requirements of all other ordinances of East Whiteland Township and with the laws of the commonwealth.
B. 
Permits. No building shall be constructed or altered in the Township, nor the use of any building changed, until a zoning permit has been secured from the Zoning Officer. Upon completion of work authorized by any permit, the applicant for the permit shall notify the Zoning Officer of such completion. No permit shall be considered as complete or as 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 provisions of this chapter.
C. 
Application for permits. All applications for zoning permits shall be made in writing by an owner, tenant, or authorized agent, and shall be filed with the Zoning Officer. The application shall:
(1) 
Include a statement as to the proposed use of the building.
(2) 
Be accompanied by plans drawn to scale, showing the location of the building in relation to property and street lines.
(3) 
Include a statement that the ultimate right-of-way lines of all streets shown on the plan have been located and staked on the premises by a surveyor or other person competent to give such location.
(4) 
Give the name and address of the person who has so located and staked the street ultimate right-of-way lines.
An appeal or an application for a special exception or variance from the terms of this chapter or other appeals to the Zoning Hearing Board shall be made in accordance with Article XVIII. Such an appeal or application shall be filed with the Zoning Officer and shall set forth the following facts:
A. 
Name and address of the applicant.
B. 
Name and address of the owner of the real estate to be affected by the proposed special exception or variance.
C. 
A brief description and location of the real estate in question.
D. 
Present zoning classification of the real estate in question, the improvements thereon, and its present use.
E. 
Article and section of this chapter under which the special exception may be allowed or the section from which a variance is requested and reasons for which it should be granted.
F. 
A reasonably accurate description of the improvements and the additions intended to be made under this application, indicating the location and size of such proposed improvements, material and general construction thereof, and attached thereto shall be a plat plan of the real estate to be affected, indicating the location and size of the lot and the location and size of the improvements now erected and proposed to be erected thereon.
An application for a conditional use as authorized under the terms of this chapter may be made to the Board of Supervisors. Such an application shall be filed with the Zoning Officer and shall set forth the reasons for the conditional use request. The application shall include the following documentation:
A. 
Name and address of the applicant.
B. 
Name and address of the owner of the real estate to be affected by the proposed conditional use.
C. 
A brief description and location of the real estate in question.
D. 
Present zoning classification of the real estate in question, the improvements thereon, and its present use.
E. 
Article and section of this chapter under which the conditional use may be allowed and reasons for which it should be granted.
F. 
A reasonably accurate description of the improvements and the additions intended to be made under this application, indicating the location and size of such proposed improvements, material and general construction thereof, and attached thereto shall be a plat plan of the real estate to be affected, indicating the location and size of the lot and the location and size of the improvements now erected and proposed to be erected thereon.
At least 30 days before the date of the public hearing required by law for an application for a conditional use to be heard before the Board of Supervisors, the Township Secretary shall transmit to the Planning Commission a copy of the notice of hearing and other information as may have been furnished by the applicant or the Zoning Officer. The Planning Commission may submit an advisory opinion that shall be considered by the Board, provided that the opinion is received on or before the date of the public hearing of the Board of Supervisors.
[Amended 11-14-2007 by Ord. No. 201-2007]
The Board of Supervisors shall hold a public hearing upon a conditional use request and shall give public notice as defined herein. The public hearing shall be held within 60 days after the date the request is filed, unless the applicant requests or consents in writing to an extension of time. In allowing a conditional use, the Board of Supervisors may attach reasonable conditions and safeguards as may be deemed necessary to implement the purposes of this chapter and ensure the protection of adjacent uses from adverse impacts that may be determined from credible testimony. In particular, the Board of Supervisors shall apply the criteria and standards of Article XVIII, § 200-115E and F.
The applicant for a permit, special exception or variance, or conditional use shall, at the time of making the application, pay to the Zoning Officer a fee in accordance with a fee schedule adopted by resolution of the Board of Supervisors as shall be determined from time to time by the Board of Supervisors.