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.
