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.

Issue permits only when there is compliance with the provisions of this chapter and with other Township ordinances.

Receive applications for special exceptions or variances and forward these applications to the Zoning Hearing Board for action thereon.

Receive applications for appeals from alleged error of the Zoning Officer and forward these applications to the Zoning Hearing Board for action thereon.

Receive applications for conditional uses and forward these applications to the Board of Supervisors and the Planning Commission for action thereon.

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.

Conduct inspections or surveys to determine compliance or noncompliance with the terms of this chapter.

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.

Maintain the official Zoning Map showing the current zoning classification of all land.

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.

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]

Applications for development of land shall be made in accordance with the terms of Chapter 149, Subdivision and Land Development.

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.

Any application for construction of a use subject to floodplain regulations, including any application for a special exception permitted therein or for a variance, shall contain such additional information as may be required by § 170-401 of this chapter.

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.

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.

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.

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 use and occupancy permit shall be required prior to any of the following:

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.

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.

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).

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.

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.

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.

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.

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.

Submission and content of conditional use applications.

Application review procedures.

Standards for conditional use approval.

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.

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.