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Staff
General
Information The Planning and Zoning Department is primarily charged with the administration of the process involved in the submission, review and
approval of development plans. The department is also charged with providing various services to the residents of the Township including the issuance of
Building Permits (done jointly with the Code
Administration Department) and the enforcement of the Zoning Ordinance and Subdivision and Land Development Ordinance. The department is made up of various 111-time Township Staff who devote a portion of
their overall efforts to this Township function.
The Township
Board of
Supervisors, Planning Commission, Zoning Hearing Board and Historical Commission are the primary Township bodies involved with planning and zoning actions. Also playing a major role in the activities of the
department are the various engineering, planning, legal and traffic consultants that the Township utilizes. Aside from the administration of the development plan
process, much of the day-to-day activities of the Planning and Zoning Department revolve around answering questions and disseminating information. The remainder of the information here with be devoted to
frequently asked questions; some pertain to home owners, some to prospective developers and some to general Township planning efforts. If you have questions, comments, or
require further information, please contact the Township by telephone at (610) 363-9525, by FAX at (610) 363-5099 or by e-mail at
jweller@westwhiteland.org. |
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NEW ZONING ORDINANCE AND MAP IN EFFECT
On December 8, 1998, the Township Board of Supervisors adopted a new Zoning Ordinance and Zoning Map. The new Ordinance and Map became effective five days later. Significant
changes were made throughout the Ordinance and Map. The most notable changes include: changes to the Town Center District regulations, replacement of the P-l and P-2 Professional Districts with one OL
Office/Laboratory District, revisions to the regulations concerning historic resources, changes to sign regulations, strengthening of the Township's single family residential districts and new landscaping
and buffering standards (these are actually contained in revisions to the Subdivision and Land Development Ordinance). For more information regarding the changes to the
Zoning Ordinance, Zoning Map and Subdivision and Land Development Ordinance, you may review the Ordinance for yourself through the link to the
General Codes website, which contains the
Codified Township Ordinances, or call the
Township Office at (610) 363-9525. Also, you
may purchase a Zoning Ordinance for $20, a
Zoning Map for $5 or Subdivision and Land
Development Ordinance for $20 at the
Municipal Building. |
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| FREQUENTLY ASKED QUESTIONS
What are the zoning requirements for garden sheds? Any shed less than 150 square feet in size must be a minimum of 5' from all property lines. Any shed between 151 square feet and 250 square
feet in size must be a minimum of 10' from all property lines. Sheds/structures over 250 square feet in size must meet the setbacks for the Zoning District in which they are located (see the Zoning Ordinance
for more information).
What are the zoning requirements for a swimming pool? Both above-ground and in-ground swimming pools must be a minimum of 25' from side and rear property lines (pools
are not permitted in front yards). Swimming pools must also be a minimum of 15' from the house, including decks.
What must I do to subdivide or develop a property? The answer to that question
must be general. For a more detailed response, please contact Township Staff. However, plans must be prepared by a Civil Engineer, Landscape Architect, or Surveyor. The plans must be submitted, along with
the Township and Chester County Application Forms and appropriate fees, to the Township for processing. Plans must be submitted a minimum of three weeks in advance of the targeted meeting date in order for
Township consultants to review the plan (please note that a particular meeting cannot be guaranteed by Township Staff). The plans are reviewed by the Township Engineer, and other consultants if appropriate,
for compliance with the Township Zoning and Subdivision/Land Development Ordinances. If the plan involves five or more lots or 5,000 square feet or greater of non-residential space, a conditional use
application is required prior to subdivision or land development. All plans are reviewed by the Planning Commission at a public meeting. A recommendation from the Planning Commission must be received prior
to the plan being reviewed, and acted upon, by the Board of Supervisors.
What is the Exton Town Center? The Exton Town Center is that area of the Township known as the "Crossroads",
being the general area around the intersection of Business Route 30 (Lincoln Highway) and Route 100 (North and South Pottstown Pike). It is this area of the community that the Township intends to be
developed in such a way that creates a "sense of place" and is "people friendly". In other words, a person would recognize that they are in the Exton Town Center, just as you would when
you were in a town, and would be able to take advantage of many pedestrian oriented amenities and features, just as you would when you were in a town. To create this town-like "sense of place" in
suburban West Whiteland, the Township has adopted Ordinances that require certain pedestrian amenities and design features of all development in the Town Center Zoning District. These features include:
street lights, brick pavers at intersections and
access ways, street trees and sidewalks. Other features such as benches and bike racks will be required when appropriate for the development. These features
will be unifying and "humanizing" elements in what is otherwise a hodge-podge of development. Architectural requirements were also instituted in order to address the "facelessness" of
many larger buildings and how the buildings are located
vis-à-vis the street. Finally, the Exton Town Center is also the area of the Township where the most intense land uses and a mix of land uses will be
located, as it is here those uses can be appropriately managed. The Exton Town Center is taking shape as you read this. Developments such as the Exton Crossing apartment complex, the Target department
store and the expanded Exton Square Mall have already installed Exton Town Center features and pedestrian amenities. Over time, it is the combination of the design features, pedestrian amenities, density and
mix of uses that will result in the creation of a successful, enjoyable and recognizable Exton Town Center.
Why does the Township allow so much development? Can the Township
stop development? See the following reprint of an article that appeared in the Winter 1997 Township Newsletter.
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The Rules of the Development Decision Making Process As West
Whiteland Township continues to develop at a rapid pace, many people wonder how this can occur. It becomes important to understand that the" framework" of laws and the influence of the
marketplace dictate how the Township operates when making land use decisions. Essentially, the Township does not have the legal ability to stop development. There are a complex set of laws, both
Acts of the State and court-made, that require certain behavior of the Township. These laws, while not enabling the Township to stop development, do provide the Township with the ability to regulate
and to influence growth. The Township's development related abilities are largely provided by an Act of the State known as the Municipalities Planning Code or MPC. The MPC provides municipalities
with the ability to: plan for growth by means of the Comprehensive Plan, establish a Planning Commission and regulate growth by means of Zoning and Subdivision/Land Development Ordinances. The MPC both
enables and limits the Township's ability to plan for and to regulate development. More specifically, the MPC allows the Township to draft regulations detailing the location of land uses, the densities
of land uses, the setbacks of buildings and lot coverages allowable and specifications for public improvements such as roads and sanitary sewers. The MPC is also very explicit, in that if a
municipality chooses to regulate growth, then it must do so within the limits of powers and decision-making timeframes set forth within the law. The other aspect of the law that enables and limits the
Township's ability to govern growth is that of law made by the courts. The courts are often called upon to interpret the MPC
vis-à-vis decisions made by municipalities. As time goes by, this law,
case law, builds up and represents another set of "rules" the Township must act by. Case law dictates that the Township must allow for its "fair share" of all legitimate land
uses. Fair share is a complex and nebulous concept; it is where the market comes into play. If the market is strong for development, as it is here in West Whiteland, then the Township must
continue to allow for that development until available land is literally exhausted. Thus, a community may have to accept more development than it would want. Legitimate land uses is a more
defined concept; essentially it means all legal uses must be permitted, including objectionable ones. This combination of the MPC and of case law makes it impossible for this Township, or any
municipality, to actually stop development. That point cannot be emphasized strongly enough. Development must be allowed, and continue to be allowed, under the rules set forth by those laws and
Township Ordinances. However, as mentioned earlier, the Township is not powerless to regulate and influence development. In fact, the Township has great powers under the law, and by way of the
market, to plan, direct, manage and influence growth. Mentioned earlier in this article was the fact that Townships can decide where specific land uses locate and the densities those land uses may
achieve. To a lesser extent, the Township can decide where buildings locate on specific properties, where new roads are constructed and where improvements are made to existing roads. These
powers exist largely through the Zoning and Subdivision/Land Development Ordinances. However, as mentioned earlier, the Township also has the ability to influence development as well.
Developers understand well the abilities of a Township and how those abilities affect any particular project. Quite often a developer actually looks to the Township for guidance as to what type of
development would be acceptable. Here is where the Township may exert influence over a development concerning how it looks, what road improvements are made, etc. While maybe not immediately
recognizable, West Whiteland Township is a highly planned community, using all the powers and influences available to it in making land use decisions. The Township has had zoning regulations in place
since the 1950's. The "model" the Township has been using to manage growth has been one of high-quality, yet typical, suburban development. Look closely at the Township and you will see
how the different land uses, residential, commercial and office/industrial, are all located separately from one another. This is by design. You will also notice the relatively large lots, large
setbacks and low lot coverage combined to create a "green" and "open" look to the community. Again, this is by design. These features represent the typical suburban
development planning model used by the Township. Thus, while not able to stop development, the Township certainly has been able to direct it. In conclusion, the Township makes its land use decisions
in a highly structured environment. That environment is created by the MPC, case law and by the market. This environment does not allow the Township to actually stop development. However,
the Township does have the power to regulate where and how development will occur. The Township also has the ability to influence the particulars of development. This regulating and influencing
of development has been, and will remain, an ongoing process and major responsibility of West Whiteland Township. West Whiteland Township Winter 1997 Newsletter
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