There shall be a Zoning Officer, appointed by the Board of Supervisors and meeting the qualifications established by the Board, whose duty it shall be and who is hereby given the authority to enforce the provisions of this chapter. He shall:
A. 
Receive and examine all applications for permits, referring applications to the Planning Commission for review and recommendation when deemed advisable and to the Historical Commission when required by the terms of this chapter; record and file all applications for permits with any accompanying plans and documents.
[Amended 10-17-2007 by Ord. No. 08-2007]
B. 
Issue permits only when there is compliance with the provisions of this chapter and with other Township ordinances.
C. 
Receive applications for special exceptions or variances and forward these applications to the Zoning Hearing Board for action thereon.
D. 
Receive applications for appeals form alleged error of the Zoning Officer and forward these applications to the Zoning Hearing Board for action thereon.
E. 
Receive applications for conditional uses and forward these applications to the Board of Supervisors and the Planning Commission for action thereon.
F. 
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.
G. 
Conduct inspections or surveys to determine compliance or noncompliance with the terms of this chapter.
H. 
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.
I. 
Maintain the official Zoning Map showing the current zoning classification of all land.
J. 
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.
A. 
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 by this chapter.
B. 
Applications for development of land shall be made in accordance with the terms of Chapter 350, Subdivision and Land Development.
A. 
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 or upon abutting land within 50 feet of the side and rear lot lines of such lot, 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 to ascertain compliance with this chapter and all other pertinent ordinances.
B. 
Any application for construction of a use within the Floodplain District, including any application for a special exception permitted therein or for a variance, shall contain such additional information as may be required by § 399-13 of this chapter.
A. 
The Zoning Officer shall issue a building permit only after he 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.
B. 
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; the Pennsylvania Dam Safety and Encroachments Act; the United States Clean Water Act; the Pennsylvania Flood Plain Management Act;[1] and the Pennsylvania Clean Streams Act. No permit shall be issued until this determination has been made.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
C. 
Time frame; extension of time.
(1) 
A building permit shall be issued, or the application denied, within 30 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 deems necessary to determine compliance with applicable ordinances, as authorized by § 399-131A 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 thirty-day period.
(2) 
Where the application is for a building permit for demolition of a Class I or Class II historic resource in accordance with § 399-64 of this chapter, for a building permit for rehabilitation or alteration in accordance with § 399-69, or for a sign permit in accordance with § 399-71.1, the thirty-day time period for issuance or denial of a permit shall be extended as necessary, but shall not exceed a total of 60 days, to enable the Historical Commission to review the application and submit its written recommendation to the Zoning Officer, and to enable the Zoning Officer to communicate with the applicant and the Historical Commission regarding potential conditions to which the permit would be subject.
[Amended 12-3-2015 by Ord. No. 10-2015; 7-7-2016 by Ord. No. 04-2016]
D. 
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.
A use and occupancy permit shall be required prior to any of the following:
A. 
Use and occupancy of any building or other structure hereafter erected or altered, for which a building permit is required.
B. 
Change in use of any building or structure, and change in occupancy of any principal nonresidential building or structure.
C. 
Use of land or change in the use thereof, except that the use of land or change in use for agricultural purposes shall not require a permit.
D. 
Change in use or extension of a nonconforming use.
E. 
Any construction, development, use, or activity subject to the terms of § 399-13, Flood Hazard District, of this chapter.
[Amended 8-16-2017 by Ord. No. 02-2017]
F. 
Occupancy, and annual continuation of occupancy, of any accessory dwelling unit.
[Added 3-27-2002]
G. 
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.
[Amended 8-16-2017 by Ord. No. 02-2017]
All applications for use and occupancy permits shall be made, in writing, on forms furnished by the Township and shall include all information necessary to enable the Zoning Officer to ascertain compliance with this chapter, including the notice of completed work on the structure as required by § 399-132. Permit applications for matters governed by § 399-13, Flood Hazard District, of this chapter shall comply with the requirements of that section.
No use and occupancy permit shall be issued until the Zoning Officer has certified that the proposed use complies with all the provisions of this chapter, and has inspected the premises to confirm compliance of the building. Pending completion of a building or of alterations thereto, a temporary use and occupancy permit may be issued by the Zoning Officer for temporary occupancy of a part or all of a building, provided that such temporary occupancy would not in any way jeopardize life or property.
If the Zoning Officer 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 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 shall inform the applicant as to the prescribed method of appeal or further application for approval.
A. 
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 Ordinances, 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.
B. 
Submission and content of conditional use applications.
(1) 
It shall be the burden of the applicant to demonstrate compliance with the standards for conditional use contained in this section and with any other relevant stipulations of this chapter, and to indicate means by which potential impacts from the proposed use will be mitigated.
(2) 
An application for conditional use approval shall be submitted on a form provided by or otherwise acceptable to the Township and shall be accompanied by an application fee, the amount of which shall be established by resolution of the Board of Supervisors. Where required by this chapter, an historic resource impact study shall be included as part of the application.
[Amended 11-29-2018 by Ord. No. 05-2018]
(3) 
A generalized site plan shall be submitted as part of any conditional use application. It is not intended that such a plan be engineered or contain a fixed architectural layout, such as would be required under Chapter 350, Subdivision and Land Development. The plan shall, however, demonstrate compliance with all applicable standards for approval of the conditional use, including those cited in Subsection B(6) below.
(4) 
The scale of the generalized site plan shall be one inch equals 50 feet.
(5) 
Where specific conditional use submission requirements are contained within another article of this chapter and are applicable to a particular conditional use authorized by that article, those requirements shall be adhered to and shall prevail in any instance of conflict or overlap.
(6) 
In addition to demonstrating compliance with all standards applicable to the conditional use being requested, the generalized site plan shall show the applicant's intentions regarding the following:
(a) 
Site access, interior circulation, and parking.
(b) 
Location, approximate dimension, and arrangement of all areas devoted to ground cover, trees, screen planting, open space, recreation, and similar purposes, as applicable.
(c) 
Adequate handling of stormwater, in the form of a preliminary written analysis and conclusions as to anticipated methods, prepared by a registered professional engineer.
(d) 
Location, planned uses, approximate overall dimensions, gross floor area, coverage, and height of each building or structure.
C. 
Application review procedures.
(1) 
The application shall be reviewed by the Zoning Officer. If it is deficient with regard to any required components, procedures, or fees, the Zoning Officer shall so notify the applicant. This review and notification shall occur prior to the scheduling of a public hearing on the application. If such identified deficiencies are not remedied in the form of a resubmitted application, such deficiencies shall constitute grounds for denial of the application by the Board of Supervisors subsequent to public hearing.
(2) 
The Board of Supervisors shall schedule and hold a public hearing on the application pursuant to public notice within 60 days of filing unless the applicant, in writing, waives or extends the time limitation.
(3) 
At least 45 days prior to the date of the hearing, one copy of the application shall be furnished to the Township Planning Commission, together with a request that it submit recommendations to the Board for consideration at the hearing. The Planning Commission, in its review of the conditional use application, shall evaluate in particular the generalized site plan in relation to the Township Comprehensive Plan and the physical development of the Township.
(4) 
A stenographic record of the hearing proceedings shall be made by a court reporter. The appearance fee for the court reporter shall be shared equally by the applicant and the Board. Any party requesting the original transcript or a copy of the transcript shall bear the cost of same.
(5) 
The plan presented at the public hearing shall be essentially the same as that reviewed by the Planning Commission. Changes deemed by the Planning Commission to be substantial may result in rescheduling the public hearing where the Planning Commission finds that such changes necessitate a greater period of time for review and comment.
(6) 
Upon review of the application in terms of the standards and criteria of this chapter, the Board of Supervisors shall render a decision within 45 days of completion of the public hearing process.
(7) 
In approving a conditional use application, where such use is authorized under this chapter, the Board of Supervisors may, at its sole discretion, attach such conditions to its approval as it deems necessary to further the purposes of this chapter. Such conditions may include, but need not be limited to:
(a) 
Specific modifications to area and bulk requirements as might otherwise be applicable;
(b) 
Provisions for additional utility or traffic safety facilities;
(c) 
Securing of additional easements or property to assure proper site design; or
(d) 
Modifications to the applicable design standards.
(8) 
If the Board of Supervisors approves the application and accompanying generalized site plan, such approved plan shall accompany any application for subdivision or land development as prescribed by Chapter 350, Subdivision and Land Development, in addition to the detailed working drawings normally required, and any application for a building permit. The issuance or rejection of a building permit shall take place in the regularly prescribed manner herein pertaining to building permits, but shall be preceded by compliance with Chapter 350, Subdivision and Land Development.
(9) 
Any grant of conditional use approval shall be deemed null and void six months from the date of such approval if, within that period, no application is made for a building permit, a use and occupancy permit, or subdivision or land development approval, as appropriate, unless the Board of Supervisors shall grant an extension.
D. 
Criteria and standards for conditional use approval.
[Amended 11-29-2018 by Ord. No. 05-2018; 8-1-2019 by Ord. No. 06-2019]
(1) 
In evaluating an application to the Board of Supervisors for a conditional use, the Board shall require the applicant to provide information to indicate that the required standards and criteria have been met as described below.
(a) 
The applicant shall establish compliance with the conditions for the grant of conditional uses enumerated in that section which gives the applicant the right to seek a conditional use.
(b) 
The applicant shall establish that the conditional use is consistent with the Township's Comprehensive Plan.
(c) 
The applicant shall establish that the proposed conditional use is consistent with neighboring uses and will not detract from or cause harm to neighboring properties and will be maintained in a manner in keeping with the character of the neighborhood.
(d) 
The applicant shall establish that if the proposed use is to be carried out in progressive stages, that each stage can and will be planned so that the conditions set forth in the section shall be fully complied with at the completion of each stage which may include the early completion of certain traffic improvements, roadways, recreational facilities, passive open space areas, trails and other public improvements.
(e) 
The applicant shall establish by credible evidence with supporting documentation that the capacity of the road system providing access to the property or lot in question has sufficient capacity to accommodate the use, and that when the incremental increase in the traffic attributable to the proposed use is superimposed upon the existing use of the roads, it shall not lower the level of the service of the roads or any portions thereof or any street intersections below an acceptable level of service. Traffic improvements to such roads may be shown in order to effect the same.
(f) 
The applicant shall provide details and documentation regarding the probable demand created by the proposed use upon public services and facilities such as water supply, sewage disposal, police and fire protection, emergency services, and roadways, and where necessary, describe how such expansion or improvements will be funded and accomplished.
(g) 
The applicant shall establish that the proposed use reflects an environmentally sensitive approach to land planning and design based on thorough site analysis and evaluation related to topography, soils, vegetation, hydrology, visual quality and related site conditions and characteristics.
(h) 
The applicant shall provide evidence with supporting documentation that adequate screening and buffering is provided between the lands in question and surrounding uses to screen the conditional use from view and preclude any glare from lighting or noise being ascertainable beyond the boundaries of the property. Where, in the opinion of the Board of Supervisors, the proposed screening and/or buffering required by Township ordinances is insufficient, additional screening and/or buffering may be required.
(i) 
The applicant shall demonstrate that the proposed use will be properly sited and not disruptive to existing topography, streams and ponds, vegetation or other natural resources, especially within the areas subject to floodplain regulations.
(j) 
The applicant shall provide evidence that the proposed use will not negatively impact historic resources. The findings of an historic resource impact study submitted as part of the conditional use application, and the recommendations of the East Brandywine Township Historical Commission, shall be addressed to the satisfaction of the Board of Supervisors.
(k) 
The proposed use will be developed using effective stormwater management techniques and soil erosion and sedimentation control techniques.
(2) 
The Board of Supervisors may impose such reasonable conditions of approval as may be necessary to ensure compliance with any or all of the above criteria or standards as well as compliance with any other relevant ordinances, regulations or codes.