Willistown Township
City Zoning Code
City Zoning Code
ARTICLE XIX
Administration
§ 139-112 Enforcement.
[Amended 10-27-1992 by Ord. No. 1-1992]
The provisions of this chapter shall be administered and enforced by an agent who shall be appointed by, and shall meet the qualifications established by, the Board of Supervisors, and who shall be known as the "Zoning Officer." It shall be his duty, subject to the authority of the Board of Supervisors, to examine all applications for permits and to issue permits in the name of the Board of Supervisors for construction and uses which are in accordance with the requirements of this chapter, and to institute civil enforcement proceedings pursuant to § 139-138 of this chapter. He shall record and file all applications for permits with any accompanying plan and documents and make such report as the Board of Supervisors may require. Permits for construction and uses which are a special exception or variance to requirements of this chapter shall be issued only upon the order of the Zoning Hearing Board. Nothing herein contained shall require any change in plans or construction of a lawful use for which a permit has been issued before the effective date of this chapter.
§ 139-113 Zoning permit.
[Amended 7-19-2004 by Ord. No. 6-2004]
A.
A zoning permit shall be required prior to the erection, construction or basic structural alterations of any building, structure (including signs), swimming pools or any portion thereof, including farm buildings. A permit shall expire one year after the date of issuance. If such erection, construction or basic structural alteration is not completed within one year following the date on which the zoning permit was issued, a new zoning permit shall be required. Applications for permits shall be made, in writing, to the Zoning Officer.
B.
All applications for zoning permits shall be accompanied by a plot plan, in duplicate, drawn to scale, showing the location and size of each building to be erected upon each lot, the actual dimensions of each lot to be built upon and such other information as may be necessary to enable the Zoning Officer to determine that the proposed building and use thereof will conform to the provisions of this chapter. A record of such applications and plots shall be kept in the office of the Zoning Officer.
C.
The applicant for a zoning permit shall pay, at the time of application, a fee in the amount as set by the Board of Township Supervisors either as part of the Willistown Township Building Code[1] or by separate resolution or ordinance. Such fee shall be paid into the Township treasury for the use of the Township.
D.
For construction proposed in a Floodplain Conservation District, zoning permits are required in order to determine whether all new construction or substantial improvements are designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement; constructed with materials and utility equipment resistant to flood damage; and constructed by methods and practices that minimize flood damage. The procedures set forth in Article XVI and particularly in § 139-79 shall be followed. Depending on the type of structure involved, the following information shall also be included in the zoning permit application for work within the Floodplain District:
(1)
For structures to be elevated to the base flood elevation:
(a)
A plan showing the size of the proposed structure(s) and its (their) relation to the lot where it (they) is (are) to be constructed.
(b)
A determination of elevations of the existing ground, proposed finished ground and lowest floors certified by a registered professional engineer, surveyor or architect.
(c)
Plans showing the method of elevating the proposed structure, including details of proposed fills, pile structures, retaining walls, foundations, erosion protection measures, etc. When required by the Zoning Officer, these plans shall be prepared by a registered professional engineer or architect.
(d)
Plans showing the methods used to protect utilities (including sewer, water, telephone, electric, gas, etc.) from flooding to the base flood elevation at the building site.
(2)
For structure to be floodproofed to the base flood elevation (nonresidential structures only):
(a)
Plans showing details of all floodproofing measures, prepared by a registered professional engineer or architect and showing the size of the proposed structure and its relation to the lot where it is to be constructed.
(b)
A determination of elevations of existing ground, proposed finished ground, lowest floors and floodproofing limits, certified by a registered professional engineer, surveyor or architect.
(c)
A certificate prepared by the registered professional engineer or architect who prepared the plans in Subsection D(2)(a) above that the structure in question, together with attendant utility and sanitary facilities, is designed so that:
[1]
Below the base flood elevation, the structure is watertight with walls substantially impermeable to the passage of water.
[2]
The structure will withstand the hydrostatic, hydrodynamic, buoyant, impact and other forces resulting from the flood depths, velocities, pressures and other factors associated with the base flood.
E.
At the time of application for the zoning permit, the applicant shall submit a site plan to the Zoning Officer, which site plan shall include the following information:
[Amended 3-13-2023 by Ord. No. 2-2023]
(1)
Name of engineer, surveyor or other qualified person responsible for providing the information required in this section.
(2)
A plan or map of the property showing the location of the proposed construction with respect to the following, as applicable: flood-prone areas, wetlands, steep slopes, fills, woodlands, historic resources, and areas subject to special restrictions such as agricultural security areas and conservation easements. In addition, the application shall include base flood elevation data.
(3)
Where the site lies partially or completely in a flood-prone area, the plan map shall include detailed information giving the location and elevation of the proposed site showing contours at intervals of two or five feet, depending upon the slope of the site, identifying accurately the boundaries of the flood-prone area.
F.
During the period of any construction undertaken pursuant to a zoning permit, the Zoning Officer or other authorized Township official shall inspect the premises to determine that the work is progressing in compliance with the information provided on the permit application and in compliance with all applicable laws and ordinances. In the event that the Zoning Officer discovers that the work does not comply with the permit application or with any applicable law or ordinance, or that there has been a false statement or misrepresentation by any applicant, the Zoning Officer may revoke the zoning permit and report such fact to the Board of Supervisors of Willistown Township for whatever action the Board deems necessary or appropriate.
G.
A zoning permit application, available at the Township office and on the Township website, shall be required, completed by the applicant, and issued by the Township prior to the first occupancy of an accessory apartment. Without limiting the foregoing, said application form shall specifically indicate that the factual representations made therein by the applicant are subject to the structures and penalties applicable to unsworn statements made to civil authorities. In issuing such permit, the Zoning Officer shall be satisfied that the accessory apartment and its use comply with all regulations applicable thereto, including, without limitation, the requirement for off-street parking in connection therewith. Each zoning permit for accessory apartment occupancy as issued by the Zoning Officer 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 apartment beyond that period shall be unlawful unless, prior thereto, the owner applies for and receives a renewed permit.
[Amended 9-9-2024 by Ord. No. 6-2024]
H.
No building permit shall be issued without a valid zoning permit.
[Amended 9-9-2024 by Ord. No. 6-2024]
§ 139-114 Certificate of occupancy.
A.
A certificate of occupancy shall be required prior to the occupancy, use or change in use of any building, structure or swimming pool hereafter erected, constructed or altered pursuant to authorization granted by a building permit, said certificate to be granted or denied by the Zoning Officer within 10 days of his being noted by the builder or owner that the authorized construction or alteration has been completed and that proper removal and disposal has been made of all trash, rubbish, rubble, tree stumps, scraps and debris.
B.
A certificate of occupancy shall be required prior to the occupancy and use of land except for agricultural purposes. Such certificate shall be granted or denied within 10 days after application.
C.
A certificate of occupancy shall be required for any change in use of an existing structure or property from one nonresidential use to another nonresidential use, or from a residential use to a nonresidential use, regardless of whether a building permit is required to accomplish such change. In issuing the certificate of occupancy, the Zoning Officer must be satisfied that the proposed new use will comply with all applicable requirements of this chapter and other pertinent regulations, including in particular the requirements for off-street parking to serve such use.
[Amended 10-27-1992 by Ord. No. 1-1992]
D.
A certificate of accessory apartment occupancy shall be required prior to the first occupancy of an accessory apartment. An application for such certificate shall be made on a form prepared for the purpose by the Zoning Officer and shall be accompanied by payment of an administrative filing fee in an amount specified from time to time by resolution of the Board of Supervisors. Without limiting the foregoing, said application form shall specifically indicate that the factual representations made therein by the applicant are subject to the strictures and penalties applicable to unsworn statements made to civil authorities. In issuing such certificate, the Zoning Officer shall be satisfied that the accessory apartment and its use comply with all regulations applicable thereto, including, without limitation, the requirement for off-street parking in connection therewith. Each certificate of accessory apartment occupancy as issued by the Zoning Officer 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 apartment beyond that period shall be unlawful unless, prior thereto, the owner applies for and receives a renewed permit.
[Added 9-26-1995 by Ord. No. 7-1995[1] ]
E.
A record of all certificates of occupancy shall be kept on file in the office of the Zoning Officer.
§ 139-115 Temporary use permit.
A temporary permit may be authorized by the Zoning Hearing Board for a nonconforming structure or use which it deems beneficial to the public health or general welfare or which it deems necessary to promote the proper development of the community, provided that such nonconforming structure or use shall be completely removed upon expiration of the permit without cost to the Township. Such a permit shall be issued for a specified period of time not exceeding one year and may be renewed annually for an aggregate period of not more than three years. Each permit shall be issued with the understanding that any such use shall be removed promptly at the termination of the period authorized, without cost to the Township.
§ 139-116 Identification and registration of nonconforming uses and structures.
[Amended 10-27-1992 by Ord. No. 1-1992]
Any owner of a lawful nonconforming use, structure or lot may register the status of the same with the Township Zoning Officer for purposes of establishing the rights conferred upon nonconformities under this chapter. Should the Zoning Officer refuse to accept and register the nonconformity as lawful, the property owner may appeal such decision to the Zoning Hearing Board.
§ 139-117 Fees and deposits.
A.
Fees required in the administration of this chapter or in connection with any hearing to be held at the request of any person in connection with this chapter or any ordinance, resolution or other regulation of Willistown Township relating to land use or any control thereof shall be paid at the time application is made for a permit or for a hearing. The fee schedule is on the Township website for all applications.
[Amended 10-27-1992 by Ord. No. 1-1992; 7-19-2004 by Ord. No. 6-2004; 9-9-2024 by Ord. No. 6-2024]
B.
The Board of Supervisors may, from time to time, by ordinance or resolution, add to, delete, alter or amend the schedule of fees as set forth herein. It is intended that this section shall authorize the Board of Supervisors to establish fees by ordinance or resolution to reimburse the Township in such amounts, in its discretion, as it determines appropriate to the maximum extent permissible under applicable law.
§ 139-118 (Reserved) [1]
[1]
Editor's Note: Former § 139-118, Appeals relating to Floodplain Districts, was repealed 11-14-1995 by Ord. No. 9-1995.
§ 139-118.1 Application for conditional use approval.
[Added 1-28-1986 by Ord. No. 1-1986]
The following procedures and regulations shall apply to all applications for conditional use approval:
A.
Procedure.
(1)
All applicants requesting a conditional use shall submit a conditional use application to the Township Building and Zoning Officer. The application shall consist of a completed application form as prescribed by the Township, three sets of development plans and such other plans and drawings as may be required to demonstrate compliance with the provision of this chapter, and any other statutes, ordinances, rules and regulations applicable to the conditional use for which application is being made. In addition, as part of the application, the applicant shall submit payment for the required fee. Fees shall be prescribed by resolution of the Board of Supervisors and shall be for similar purposes as prescribed in Section 908(1.1) of the Municipalities Planning Code.[1] Further, the applicant shall submit such numbers of copies of the foregoing materials as the Township may, by regulation, direct. Approval of the conditional use shall be granted if, but only if, the application, together with the plans and other materials submitted therewith, demonstrates compliance with the requirements of the applicable section of this chapter and any other applicable statutes, ordinances, rules and regulations.
[Amended 10-27-1992 by Ord. No. 1-1992]
[1]
Editor's Note: See 53 P.S. § 10908(1.1).
(2)
Each applicant requesting a conditional use shall reimburse the Township for its actual expenses incurred in connection with the Township's review of the application, including expenses incurred by the Township in connection with the hearing or hearings on such application, and including, but not limited to, such engineering, legal and other services as are deemed appropriate by the Township in connection with its review and/or with the hearing. Such expenses as are required hereunder to be reimbursed to the Township by the applicant shall not include any such expenses which the Township is by law prohibited from recovering from the applicant. The applicant shall reimburse the Township for expenses for which the applicant is liable pursuant to this section within 30 days after receipt of a bill or other statement from the Township requesting such reimbursement. In no case shall any permit be issued to any applicant if the Township has requested reimbursement from the applicant of any amount due hereunder from the applicant to the Township and such amount is unpaid.
(3)
Each conditional use application shall be referred, upon filing, to the Township Planning Commission for consideration at a meeting within 45 days of the official filing date. The Planning Commission shall review the application for conformity with the criteria established under Subsection D and the applicable standards and requirements under the applicable section of this chapter and any other applicable statute, ordinance, rule or regulation. The Planning Commission shall report thereon to the Board of Supervisors its recommendations in writing or orally at the hearing of the Board of Supervisors held with respect to the application.
(4)
The Board of Supervisors shall hold a public hearing at a date following the review by the Planning Commission, but in any event, within 60 days from the date of the filing of the conditional use application and payment of the required fee.
(5)
Notice of the hearing shall be given as required by law and as would be required by the Zoning Hearing Board pursuant to § 139-122 of this chapter.
[Amended 3-13-2023 by Ord. No. 2-2023]
(6)
The public hearing shall be limited to the conditional use being sought and shall be independent of any land development or subdivision which may ultimately be required. Should conditional use be granted by the Board, the applicant shall proceed with submission of either a land development or subdivision application, if required, within a period of six months from the date of approval.
(7)
The Board of Supervisors shall render a decision as required by law.
(8)
The public hearing to be held on the conditional use application shall, in so far as consistent with the requirements of this chapter, be conducted in accordance with Section 908(4), (5), (6), (7) and (8), of the Pennsylvania Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 10908(4), (5), (6), (7) and (8).
(9)
Where the Board of Supervisors grants approval of a conditional use application, it shall provide a memorandum to the applicant, stipulating the terms and conditions of such approval. Such memorandum shall contain a metes and bounds description of the property in question. The applicant shall execute and provide to the Township a recordable, notarized copy of the memorandum and shall consent to recording by the Township in the office of the Recorder of Deeds of Chester County within 30 days following expiration of the appeal period.
[Added 10-27-1992 by Ord. No. 1-1992]
B.
Effect of conditional use approval. A use for which a conditional use is granted shall be deemed to be a conforming use in the Zoning District in which such use is located.
C.
Duration of conditional uses. Any approval of a conditional use request shall be deemed null and void 18 months from the date of such approval if within that period no application is made for a building permit, certificate of occupancy, sedimentation and erosion control permit, subdivision or land development approval or any other approval or permit required by the Township to proceed with construction, occupancy or use pursuant to the conditional use unless, prior to the expiration of the eighteen-month period, the Board of Supervisors shall grant an extension.
[Amended 10-27-1992 by Ord. No. 1-1992]
D.
Criteria governing conditional use review. The Board of Supervisors and Planning Commission shall consider the following criteria when reviewing each conditional use application:
(1)
Compliance with the objectives of the Township Comprehensive Plan relative to land use, circulation and community facilities.
(2)
Assurance that the proposed use shall not be detrimental to abutting properties.
(3)
Suitability of the tract in question to support the proposed use(s) and associated infrastructure.
(4)
Suitability of the existing road network to support traffic associated with the proposed use in terms of safety and capacity.
(5)
Conformity to the applicable provisions of this chapter.
(6)
Compatibility of proposed use(s), including their operation and maintenance, with the existing or intended character of abutting properties.
E.
Conditions. The Board of Supervisors may impose specific conditions regarding layout, circulation and design it deems necessary to ensure that any proposed conditional use will remain compatible with the surrounding area and in conformance to the objectives of this chapter.
F.
Extension or change. A use of a building or lot authorized as a conditional use, either by decision of the Board of Supervisors or by the enactment of or amendment to the Zoning Chapter or the Environmental Protection Chapter,[3] may be extended or changed within the building or upon the lot only when authorized as a conditional use following application to and approval by the Board of Supervisors in accordance with procedures, standards and criteria set forth in the Zoning Chapter or the Environmental Protection Chapter.
[Added 6-20-2005 by Ord. No. 1-2005]