[Ord. No. 5-2005, 10/11/2005]
The provisions of this chapter, in their interpretation and applications, shall be held to be minimum requirements adopted for the promotion of the public health, safety, morals and general welfare of the Township. Any use, structure, building or sign shall conform with all provisions of this chapter except for which an exception or variance may be granted. Nothing in this chapter shall require any change in the plans or construction of a building for which a building permit has been issued by the Township prior to the effective date of this chapter.
[Ord. No. 5-2005, 10/11/2005]
1. 
Appointment. The provisions of this chapter shall be administered and enforced by the Zoning Officer, who shall be appointed by, and serve at the pleasure of, the Board of Supervisors. He may be provided with the assistance of such persons as the Board of Supervisors may from time to time direct.
2. 
Qualifications. The Zoning Officer shall, by adequate professional training and experience, be familiar with the building procedures and terminology with the responsibilities and proper application of the power and duties of his office. The Zoning Officer shall demonstrate proficient knowledge and understanding of the requirements of this chapter prior to appointment. The Zoning Officer shall not hold any elective office within the Township.
3. 
Compensation. The compensation of the Zoning Officer shall be determined by the Board of Supervisors and reevaluated on an annual basis.
4. 
Duties. The Zoning Officer shall have all the duties and powers conferred on him by this chapter in addition to those reasonably implied for the purpose. He shall not issue a building permit or certificate of use and occupancy in connection with any proposed erection, construction, alteration, extension, replacement, conversion and/or use of any building, structure and/or land unless it first conforms with the requirements of this chapter and all other pertinent ordinances of the Township. It shall be his duty and he shall have the power to:
A. 
Receive all applications for building permits and issue permits within 10 calendar days when there is compliance with the provisions of this chapter, other applicable Township and county regulations, and with the laws of the commonwealth.
B. 
Upon issuance of a building permit, to notify such other Township and County officials as may be affected by such issuance.
C. 
Conduct investigations to determine compliance or noncompliance with the terms of this chapter. In performing such duties, the Zoning Officer shall have the authority, including entry during daylight business hours, to inspect land, buildings and structures built or altered under this chapter and, upon satisfactory completion of said inspection, to issue a certificate of use and occupancy within 10 calendar days.
D. 
Order, in writing, the correction of all conditions found to be in violation of the provisions of this chapter. Such written order shall be served personally, or by registered mail, upon persons, firms or corporations deemed by the Zoning Officer to be in violation of this chapter.
E. 
Institute, upon approval of the Board of Supervisors, proceedings in courts of proper jurisdiction for the enforcement of this chapter.
F. 
Maintain and keep all records pertinent to all zoning matters in the Township. Such records shall include, but not be limited to, all applications received, copies of all permits and certificates issued, copies of orders and findings of the Zoning Hearing Board, written complaints of alleged violations, records of all inspections made, a current copy of this chapter and all amendments thereto, the Official Zoning Map and all other related information.
G. 
Upon the request of the Township Planning Commission, the Zoning Hearing Board or the Board of Supervisors, present to such body facts, records, data and any other related information to assist such body in its deliberations and decisions.
H. 
Perform such other duties that are assigned to the Zoning Officer by this chapter.
5. 
Relief From Personal Responsibility. The Zoning Officer, or any employee charged with the enforcement of this chapter, while acting for the Township, shall not thereby render himself liable personally, and he is hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties. Any suit instituted against any officer or employee because of an act performed by him in the lawful discharge of his duties shall be defended by the legal representative of the Township. In no case shall the Zoning Officer or any of his staff be liable for costs in any action, suit or proceeding that may be instituted in pursuance of the provisions of this chapter when he and/or his subordinates perform their duties in good faith and without malice.
[Ord. No. 5-2005, 10/11/2005; as amended by Ord. No. 4-2021, 11/9/2021]
1. 
Requirements.
A. 
A building permit shall be obtained from the Zoning Officer:
(1) 
For any erection, construction, structural alteration, extension; replacement, relocation or conversion of any building or structure.
(2) 
For the change of use of a building, structure and/or land.
B. 
No permit shall be issued until:
(1) 
All state sanitation requirements have been met.
(2) 
In the case of public buildings, the required permit has been obtained from the Pennsylvania Department of Labor and Industry.
(3) 
Proof is provided that the developer has recorded the development plan in the office of the Recorder of Deeds of Luzerne County.
2. 
Application Procedures. Application for a building permit shall be submitted, in writing, on a form prescribed by the Zoning Officer, by the owner or lessee of any building, structure or land or the agent of either; provided, however, that if the application is made by a person other than the owner or lessee, it shall be accompanied by a written authorization from the owner or lessee authorizing the work and designating the agent, and shall contain the following:
A. 
A map of the lot in question drawn to scale, indicating the lot size, and showing all dimensions of lot lines and the exact location(s) on the lot of all proposed buildings, fences, structures and alterations to buildings or structures.
B. 
A statement indicating the use, height, length, width and proportion of the total area covered of all proposed and/or existing buildings, structures or additions or alterations to a building.
C. 
A statement indicating the number of families and/or commercial or industrial establishments to be accommodated within existing and proposed buildings on the lot. In the case of apartment buildings, a breakdown of units by number of bedrooms shall be given.
D. 
Where applicable, the number, location and design of parking and loading areas, recreation areas, signs, buffer yards and landscaping, means of egress from and ingress to the lot and routes for pedestrian and vehicular traffic, and outdoor lighting throughout the tract.
E. 
Method of proposed water supply and sewage disposal and the location of any on lot facilities.
3. 
Approval or Disapproval.
A. 
Upon receipt of the application, the Zoning Officer shall examine same to determine compliance with this chapter and all other chapters of the Code. Within 30 days of receipt of the application by the Zoning Officer, the Zoning Officer shall either approve or disapprove the application and return one copy of the application containing the Zoning Officer's decision to the applicant. The other copy shall be retained in the municipality's zoning records in accordance to established record retention guidelines.
B. 
If disapproved, the Zoning Officer shall attach a statement to the application explaining the reasons therefore and informing the applicant of their right to appeal to the Zoning Hearing Board. If the applicant fails to obtain a building permit from the Zoning Officer within three months after the date of approval of the application, the approval of the application shall be considered null and void.
4. 
Issuance and Posting of Permit. Upon approval of the application by the Zoning Officer and the payment of the fees established from time to time by resolution of the Board of Supervisors, the Zoning Officer shall issue a building permit placard, which shall be visibly posted on the site of operations during the entire time of construction. Not more than 2 1/2 years shall elapse between the issuance of the original building permit and the completion of the exterior of the structure.
A. 
The fees for building permits shall be published annually in a schedule to be approved by the Board of Supervisors.
5. 
Rights of Permit Holders. The permit shall be license to proceed with the work described on the approved application in accordance with Township ordinances. The Zoning Officer shall revoke a permit or approval issued under the provisions of this chapter where it can be determined that the work is not in compliance with the requirements of this chapter.
[Ord. No. 5-2005, 10/11/2005; as amended by Ord. No. 3-2021, 11/9/2021]
1. 
Definition.
CERTIFICATE OF ZONING COMPLIANCE
A statement, form or similar written documentation signed by the Building Code Official or other authorized official, setting forth that a building, structure, or use upon inspection of the property complies with the Zoning Ordinance and the same may be used for the purpose stated on the approved zoning permit application or in a detailed description of proposed use. Said certificate shall not be construed in any manner to certify or warranty the safety as related to the construction of a building, structure or use.
2. 
Requirements. It shall be unlawful to use and/or occupy any building, structure or land or portion thereof for which a change of ownership occurs or for which a building permit is required, until a certificate compliance has been produced to the Township or one has been issued by the Building Code Official or other authorized official of the Township. The Building Code Official or other authorized official of the Township shall not issue a certificate of compliance unless said official has inspected such building, structure or land and has determined that all provisions of this chapter and all other pertinent ordinances of the Township have been complied with.
3. 
Issuance. Upon the receipt of written notification that work for which a building permit has been issued, has been completed or that a change of ownership of any building, structure, or portion thereof is proposed, the Building Code Official or other authorized official of the Township shall inspect the premises within 10 days to determine compliance with the ordinances of the Township. If the Building Code Official or other authorized official of the Township is satisfied that compliance has been met, a certificate of zoning compliance shall be issued to the permit holder or applicant. A certificate of zoning compliance shall be retained by the Building Code Official as part of the Township records. If the Building Code Official or other authorized official of the Township finds that the requirements of the Township ordinances have not been met, the Building Code Official or other authorized official of the Township shall refuse to issue the certificate of zoning compliance and, in writing, give the reasons therefore and inform the permit holder or owner of the right to appeal to the Zoning Hearing Board.
4. 
Temporary Certificate of Use and Occupancy. Upon request of the holder of a permit, the Building Code Inspector may issue a temporary certificate of use and occupancy for a building, structure, sign and/or land, or portion thereof before the entire work covered by the permit shall have been completed. Such portion or portions may be used and/or occupied prior to full completion of the work, provided life or the public welfare is not endangered. The Building Code Inspector shall also issue a temporary certificate of use and occupancy for such temporary uses as tents, for religious and other public and semi-public purposes or other temporary use and/or occupancy upon order of the Board of Supervisors. Such temporary certificates shall be for the period of time to be determined by the Supervisors, but in no case shall any certificate be issued for more than six months.
[Ord. No. 5-2005, 10/11/2005]
1. 
Scope. No sign other than a sign indicating the name, profession or activity of the occupant of a dwelling or the private nature of premises or a sign of which no side exceeds two square feet in area shall hereafter be erected, rebuilt, altered, relocated or enlarged until a permit is issued by the Zoning Officer for such purposes.
2. 
Application Procedures. Applications shall be made, in writing, to the Zoning Officer on a form specified for such purpose and shall contain the following:
A. 
A detailed scale drawing of the sign, showing its intended location and stating the method by which it will be affixed.
B. 
A statement indicating the type of construction and the manner of installation and the materials to be used.
C. 
The signature of the applicant. When the applicant is not the owner of the premises on which the sign will be erected, both the applicant and the owner of the premises shall sign the application.
D. 
A statement that the sign will be erected according to the accompanying plans and specifications.
3. 
Freestanding Signs. If a sign is to be supported by a separate structure erected for that purpose, then the applicant shall furnish a map of the lot, indicating the location of the proposed sign and the relative distances to a point perpendicular to the lot lines. A scaled diagram or photograph of a similar sign shall also be attached.
4. 
Review Procedure. Permits shall be granted or denied within 10 calendar days of the date of application. All approved permits, together with the accompanying information, shall be a public record. A certificate of use and occupancy shall be required for all permanent signs.
5. 
Application and Annual Fee. All applications for the initial permit as above provided shall be accompanied by a payment of the application fee in an amount as established from time to time by resolution of the Board of Supervisors. All such fees shall be paid to the Township of Sugarloaf, the initial fee accompanying the application and the annual fee paid by January 20 of each year after the initial application. The said fees shall be paid to and remain the property of the Township of Sugarloaf, and in no case shall the same be refunded to the applicant, the payment constituting reasonable costs incurred by the Township for the filing and investigation of the initial application and the investigation annually for conformity of signs with the requirements of this chapter and for the general health, safety and welfare of the people of the Township. The Township Supervisors may, by resolution duly passed, change the application fee and annual fee provided by this section.
6. 
Denial. No sign permit shall be granted unless the application conforms to all requirements of this chapter and all other pertinent chapters of the Township Code. If the application is denied, the Zoning Officer shall attach a statement to the application explaining the reasons thereof and informing the applicant of his rights of appeal to the Zoning Hearing Board.
[Ord. No. 5-2005, 10/11/2005]
1. 
Scope. A stop order shall be issued in the following instances:
A. 
If activities regulated by this chapter are undertaken without an effective building permit, sign permit or certificate of use and occupancy being granted.
B. 
If an activity undertaken under an effective building permit or sign permit deviates from the application either during or after completion of the work.
C. 
If a use is conducted in a way which is in violation of the use requirements, area, yard and height regulations, performance standards or general regulations of this chapter.
D. 
If an activity permitted by special exception or variance is not conducted in accordance with the terms of the granting of the special exception or variance.
2. 
Notice to Owner. A stop order shall be issued by the Zoning Officer and delivered to the owner of any property or his agent. Delivery shall include certified mail or posting on the property.
3. 
Contents. A stop order shall be in writing and state the nature of the violation and under which conditions work or use may continue. A time not to exceed five days may be permitted to allow for the required corrections.
4. 
Unlawful Continuance. Any person who shall continue in violation of any stop order shall be in violation of this chapter subject to the penalties of Part 8 of this chapter.