A. 
Application of regulations.
(1) 
Hereafter no land shall be used or occupied, and no building or structure shall be erected, altered, used or occupied except in conformity with the provisions herein established for the districts in which such land, building, or structure is located, as well as all other applicable statutes.
(2) 
In case of mixed occupancy within the same building or on the same lot, the regulations for each use shall apply to that portion of the building or land so used.
B. 
Appointment of Zoning Officer.
(1) 
There shall be a Zoning Officer who shall be appointed by the Board of Supervisors and whose duty it shall be to enforce the provisions of this chapter in accordance with this article.
(2) 
The Zoning Officer shall not hold any elective office in the Township and shall meet the qualifications established by the Board of Supervisors. The Zoning Officer shall be required to demonstrate, to the satisfaction of the Board of Supervisors, a working knowledge of municipal zoning.
(3) 
The Zoning Officer shall serve at the pleasure of the Board of Supervisors and shall be removed from office at the sole discretion of the Board.
(4) 
The compensation of the Zoning Officer shall be determined by the Board of Supervisors and may be modified at the discretion of the Board.
(5) 
The Board of Supervisors may appoint assistant or deputy Zoning Officer(s) as the Board, in its discretion, deems appropriate.
C. 
Duties of the Zoning Officer.
(1) 
To receive and examine all applications for zoning permits and sign permits required by this chapter.
(2) 
To record and file all applications for permits and accompanying plans and documents and keep them as public records.
(3) 
To issue permits only for construction and uses which are in accordance with the provisions of this chapter and as may be amended.
(4) 
To issue permits for uses by special exception and variances only after such uses are ordered by the Zoning Hearing Board in accordance with the provisions of this chapter, or Court of Appeals, subject to any stipulations contained in such order.
(5) 
To inspect nonconforming uses, buildings and lots and to keep a record of such nonconforming uses and buildings and to examine them periodically as directed by the Board of Supervisors.
(6) 
Upon the request of the Board of Supervisors, the Zoning Hearing Board, the Planning Commission or other Township body to present to such body facts, records and any similar information to assist in reaching its decisions.
(7) 
To be responsible for maintaining an up-to-date copy of this chapter and the Zoning Map, filed with the Township Secretary and to include any amendments thereto.
(8) 
To make inspections as required fulfilling the duties of the Zoning Officer. The Zoning Officer shall have the right, with the owner's permission, to enter any building or structure or to enter upon any land at any reasonable hour in the course of his duties.
(9) 
To receive and process applications for hearing before the Zoning Hearing Board and the Board of Supervisors with reference to applications and appeals from the determinations of the Zoning Officer or such other relief as provided in this chapter.
(10) 
To issue certificates of use and occupancy in accordance with the terms of this chapter.
(11) 
To issue enforcement notices where it is determined that a violation exists and to report the issuance and the facts surrounding the determination to the Board of Supervisors.
(12) 
With the consent and approval of the Board of Supervisors and in conjunction with the Township Solicitor, to pursue such causes of action and enforcement remedies as herein provided or otherwise authorized by law to secure compliance with the terms of this chapter.
A. 
If it appears to the Zoning Officer that a violation of this chapter has occurred, the Zoning Officer shall initiate enforcement proceedings by sending an enforcement notice as provided in this section.
B. 
The enforcement notice shall be sent to the owner of record of the parcel on which the violation has occurred, to any person who has filed a written request to receive enforcement notices regarding that parcel, to any person in apparent occupancy or control of that parcel, to the apparent violator of the terms of the ordinance and to any other person requested in writing by the owner of record to receive such notice.
C. 
An enforcement notice shall state, at a minimum, the following:
(1) 
The name of the owner of record and any other person against whom the Township intends to take action.
(2) 
The location of the property in violation.
(3) 
The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provision of this chapter.
(4) 
The date before which the steps for compliance must be commenced and the date before which the steps must be completed.
(5) 
That the recipient of the notice has the right to appeal to the Zoning Hearing Board within 30 days in accordance with the procedures set forth in this chapter.
(6) 
That the failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation, with possible sanctions as defined in this chapter.
A. 
In case any building structure, landscaping, or land is or is proposed to be erected, constructed, reconstructed, altered, converted, maintained or used in violation of any provision of this chapter, the Board of Supervisors or, with the approval of the Board of Supervisors, the Zoning Officer, on behalf of the Township or any aggrieved owner or tenant of real property who shows that his property or person will be substantially affected by the alleged violation, in addition to other remedies, may institute any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure, landscaping or land or to prevent in or about such premises any act, conduct, business or use constituting a violation.
B. 
When any such action is instituted by a landowner or tenant, notice of that action shall be served upon the Township at least 30 days prior to the time the action is begun by serving a notice of a complaint on the Zoning Officer. No such action may be maintained until such notice has been given.
A. 
Any person, partnership, or corporation or the officers thereof who or which has violated or permitted the violation of provision of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Zoning Officer with the approval of the Board of Supervisors, pay a judgment of not more than $500, plus all court costs, including reasonable attorney's fees, incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied, or payable until the date such judgement is imposed by a Magisterial District Judge.
(1) 
If the defendant neither pays nor timely appeals, a judgement entered by a Magisterial District Judge, Sadsbury Township may enforce the judgment pursuant to all applicable rules of civil procedure.
(2) 
Each day that a violation continues shall constitute a separate violation, unless the Magisterial District Judge determining that there has been a violation further determines that there was a good-faith basis for the person, partnership, corporation of officer thereof violating the ordinance to have believed that there was no such violation, in which event there shall be deemed to have been only one determination of a violation by the Magisterial District Judge, and thereafter each day that a violation continues shall constitute a separate violation.
(3) 
All judgments, costs and reasonable attorney's fees received by the Township in connection with the violation of this chapter shall be paid into to the general fund of Sadsbury Township.
B. 
The Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment.
C. 
Nothing contained in this section shall be construed or interpreted to grant to any person or entity, other than Sadsbury Township, the right to commence any action for enforcement pursuant to this section.
A. 
The Board of Supervisors may appropriate funds to finance the preparation of zoning ordinances and shall appropriate funds for the administration, for the enforcement and for actions to support or oppose, upon appeal to the courts, decisions of the Board of Supervisors and/or Zoning Hearing Board and the operations of the Zoning Officer.
B. 
The Board of Supervisors shall make provision in its budget and appropriate funds for the operation of the Zoning Hearing Board and the operations of the Zoning Officer.
C. 
The Zoning Hearing Board may employ or contract for and fix the compensation of legal counsel as the need arises and as approved by the Board of Supervisors. The legal counsel shall be an attorney other than the Sadsbury Township Solicitor. The Board may also employ or contract for and fix the compensation of experts and other staff and make contract for services, as it shall deem necessary. The compensation of legal counsel, experts, and staff and the sums expended for services shall not exceed the amount appropriated by the Board of Supervisors for this use.
D. 
For the same purposes, the Board of Supervisors may accept gifts and grants of money and services from private sources and from the county, state, and federal governments.
E. 
The Board of Supervisors may prescribe reasonable fees with respect to the administration of this chapter and with respect to hearings before the Zoning Hearing Board. Fees for these hearings may include compensation for the Secretary and members of the Zoning Hearing Board, notice advertising costs, and necessary administrative overhead connected with the hearing. The costs, however, shall not include legal expenses of the Zoning Hearing Board, expenses for engineering, architectural, or other technical consultants or expert witness costs. The fees and the method of payment thereof shall be prescribed by resolution of the Board of Supervisors.
A. 
General permit regulations.
(1) 
Application for permits shall be made in writing on an appropriate form to the Zoning Officer and shall contain all information necessary for such officer to ascertain whether the proposed use of land or improvement under the application complies with the provisions of this chapter and all other existing statues. The required information may include, but shall not be limited to the following:
(a) 
Actual dimensions and shape of lot to be built upon.
(b) 
The exact sizes and locations of the lot and of buildings, structures, or signs existing and/or proposed extensions thereto.
(c) 
The number of dwelling units, if applicable.
(d) 
Parking spaces provided and/or loading facilities.
(e) 
Statement indicating the existing or proposed use.
(f) 
Heights of structures, buildings, or signs.
(g) 
Soil conservation plan if applicable.
(h) 
All other information necessary for the Zoning Officer to determine conformance with and provide for enforcement of this chapter.
(2) 
A special exception, variance or conditional use shall expire at the end of six months unless the applicant has within that time made proper application for a zoning permit.
(a) 
A zoning permit once issued shall expire at the end of six months unless within that time the applicant has made proper application for a building permit under the Building Code.
(b) 
Once a permit expires, all underlying permits and approvals, granted by the Township, with the exception of subdivision approval, shall in like manner be deemed to expire; provided, however, the Board of Supervisors may, on timely application and for cause shown, grant one or more extensions of any such permits but no extension shall be granted on such terms as the Board of Supervisors may deem reasonable under the circumstances, including the requirement that the applicant, as a condition to such extension pay the costs incurred by the Township in the review and processing of such application, which costs shall include but not be limited to engineering and solicitor's fees.
(3) 
Applications for permits under this section, along with accompanying plans and date, may be submitted by the Zoning Officer to the Township Engineer for the Engineer's technical review and comment.
(a) 
The Engineer shall review the material to determine that the proposed development is in conformance with this chapter and the Comprehensive Plan.
(b) 
The Township Engineer shall make his comments on the application within 20 days of its receipt. The Zoning Officer shall take into consideration the comments of the Township Engineer in his approval or denial of the application.
(4) 
All permit fees under this chapter shall be established, and revised from time to time, by resolution of the Board of Supervisors, and a schedule of such shall be made available to the general public.
(5) 
All applications or certificates shall be given written notice of the status of the application within 30 days, unless otherwise specified.
(a) 
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.
(b) 
If the Zoning Officer determines that an application is not in compliance with the provisions of this chapter, it shall be his duty to review the permit, in which case he shall instruct the applicant in the method of appeal or application to the Zoning Hearing Board, as set forth herein.
B. 
Zoning permits.
(1) 
A zoning permit shall be required prior to:
(a) 
A change in use of land or buildings.
(b) 
A change in the principal use or expansion of a nonconforming use.
(c) 
Development within the floodplain.
(2) 
The placing of vacant land under cultivation shall not require a zoning permit. It shall be unlawful to commence any site work or other work requiring a zoning permit until a permit has been properly issued therefor.
(3) 
Application for permits under this section, along with accompanying plans and data, may be submitted by the Zoning Officer to any appropriate governmental agency, authority of representative for review and comment relative to compliance with existing statues and the Zoning Officer shall consider those comments in action on the application. All applications shall be accompanied by:
(a) 
Two copies of the approved land development and/or plot plan together with any other data and information required by the Zoning Officer to evaluate compliance with this chapter and other existing statues.
(b) 
Two copies of detailed architectural plans for any proposed building or structure under the application.
(c) 
Wherein the disturbance or movement of earth is contemplated, a soil erosion and sedimentation control plan with an accompanying narrative prepared by a qualified person for review and approval by the Township Engineer; or, when applicable, a copy of the permit issued by the Pennsylvania Department of Environmental Protection approved earth moving operations.
(d) 
Permits or certification from the appropriate agency for the provision of a healthful water supply, disposal of sewage and other wastes, and control of objectionable effects as well as any other appropriate lawful permits as may be required by statue.
(e) 
All applicable PennDOT permits.
(f) 
Additional copies of any information that may be required by the Zoning Officer.
C. 
Building permits.
(1) 
A building permit shall be required prior to the erection or alteration of or addition to, any building or other structure or portion thereof. It shall be unlawful for any person to commence work on the erection or alteration of, or addition to, any building or structure or portion thereof until a building permit has been duly issued therefor, except as provided by special exception.
(2) 
All applications for building permits shall be accompanied by two plot plans drawn to scale and accurately showing the exact sizes and locations 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. The sizes and locations of underground utilities located on or adjacent to the lot shall also be indicated, along with evidence of compliance with PA Act 287 of 1974 (as amended) the Underground Utility Line Protection Act.[1] There shall, in addition, be included with all applications two sets of such other plans, documents and information as may be necessary to enable the Zoning Officer to ascertain compliance with this chapter and all other pertinent ordinances and regulations.
[1]
Editor's Note: See 73 P.S. § 176 et seq.
(3) 
No building permit shall be issued until the Zoning Officer has certified that the proposed building structure or alteration complies with the provisions of this chapter and applicable ordinances. Upon approval of an application and the payment of the required fee, the Zoning Officer shall issue a building permit which shall be visibly posted on the premises during the entire time the proposed work is being undertaken.
(a) 
Upon completion of the erection, addition to, or alteration, of any building, structure, or portion thereof authorized by any building permit obtained in compliance with this chapter, and prior to use and occupancy, the holder of such permit shall notify the Zoning Officer of such completion.
(b) 
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 herein.
(c) 
A building permit shall expire one year from the date of issuance, provided that it may be extended at the discretion of the Zoning Officer for a six-month period where good faith is demonstrated by the applicant.
D. 
Sign permits.
(1) 
A sign permit shall be required prior to the erection or modification of any sign, sign structure, or change in location of an existing sign, with the exception of those signs specifically exempted by this chapter.
(2) 
Application shall be made in writing on an appropriate form to the Zoning Officer and shall contain all information necessary for such officer to determine whether the proposed sign or the proposed alteration conforms to all the requirements of this chapter. All applications for sign permits shall be accompanied by plans or diagrams in duplicate and approximately to scale showing the information required by this chapter. One copy of said plan or diagram shall be returned to applicant, after the Zoning Officer shall have marked such copy either approved or disapproved, and attested to same.
It shall be unlawful for the applicant, person or other entity to sell, or occupy any building or other structure or parcel of land until a use and occupancy permit, if required, has been duly issued therefor.
A. 
A use and occupancy permit shall be required prior to any of the following activities and as required by Chapter 56, Construction Code, Uniform:
(1) 
Use and occupancy of any parcel of land, building or other structure hereinafter erected, altered, or enlarged for which a zoning permit is required.
(2) 
For all commercial and industrial uses, including any change of occupant for a commercial or industrial use, or any change in use of a commercial or industrial building or property.
(3) 
For new construction in all zoning districts prior to sale.
B. 
All applications for use and occupancy permits shall be made in writing on forms furnished by the Township and include all information necessary to enable the Zoning Officer to ascertain compliance with this chapter.
C. 
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 any other applicable ordinance.
(1) 
Use and occupancy permits shall be granted or denied within 10 days from the date of application. No application shall be granted or denied until the Zoning Officer has inspected the premises. The Township Zoning Officer or employee designated by the Zoning Officer shall only issue a use and occupancy permit where the work is consistent and in conformity with all applicable requirements of this chapter and any other pertinent ordinances.
(2) 
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 in part or all of the building, provided that such temporary occupancy will not adversely affect the health, safety, and general welfare of the public or property, and providing further that a time limit for temporary permits not exceeding six months shall be established.
(3) 
In a commercial or industrial district in which performance standards are imposed or when required by the Zoning Officer, the issuance of a use and occupancy permit shall not become final until 30 days after the facility is fully operating, when upon a reinspection by the Zoning Officer it is determined that the facility is in compliance with all applicable performance standards.
A. 
Where this chapter has stated conditional uses to be granted or denied by the Township pursuant to express standards and criteria, the Board of Supervisors shall hold hearings on, and decide applications for, conditional uses in accordance with such standards and criteria. In granting a conditional use, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter. Reasonable conditions and safeguards may include, but are not limited to:
(1) 
Environmental impact assessment; and
(2) 
Traffic study.
B. 
An application for a conditional use shall be filed with the Township on such forms as may be prescribed for that purpose and shall be accompanied by the application fee which shall be established, and revised from time to time, by resolution of the Board of Supervisors. No application shall be received for filing unless accompanied by the required filing fee. The Secretary shall submit the application to the Township Planning Commission within five days of receipt, and the Planning Commission shall review the application and make a recommendation to the Board of Supervisors within 30 days thereafter.
C. 
An application for conditional use shall, at a minimum, state:
(1) 
The name and address of the applicant;
(2) 
The name and address of the owner of the property to be affected by the proposed conditional use application;
(3) 
A description and location of the property on which the conditional use is proposed;
(4) 
A statement of the present zoning classification of the property in question, the improvements thereon, and the present use thereof;
(5) 
A statement of the section of this chapter which authorizes the conditional use and the standards which regulate the design of said use; and
(6) 
An accurate description of the present improvements and the additions intended to be made under the application for conditional use, including the information required by this section.
D. 
The Board of Supervisors shall hold a public hearing on the conditional use application in accordance with the following procedures.
(1) 
Notice of the hearing shall be given to the public by publication in a newspaper of general circulation in the Township in accordance with the Pennsylvania Municipalities Planning Code.[1] Notice shall also be given to the applicant, the Zoning Officer, and to any person who has made timely written request for the same. The Board of Supervisors shall conduct its first hearing on the application with 60 days from the date the application is filed with the Township unless the applicant waives or extends the time limitation.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(2) 
The parties to the hearing shall be the Township, any person affected by the application who has made timely appearance on the record before the Board of Supervisors, and any other person, including civic or community organizations permitted to appear by the Board of Supervisors.
(3) 
The Board of Supervisors shall have the power to administer oaths and issue subpoenas to compel the attendance of witnesses or the production of relevant documents and papers, including witnesses and documents requested by the parties.
(4) 
Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded.
(5) 
The Board of Supervisors shall keep a record of the proceedings and half the cost shall be paid by the applicant.
(6) 
The Board of Supervisors shall render a written decision within 45 days after the last hearing before the Board. Where the application is contested or denied, the decision shall be accompanied by findings of fact and conclusions.
(7) 
A copy of the final decision shall be delivered to the applicant and the parties before the Board of Supervisors or mailed to then not later than the day following the date of the decision.
E. 
In granting or denying a conditional use or establishing conditions with reference to such grant, the Board of Supervisors shall use the following standards to evaluate a proposed conditional use. The burden of establishing compliance with those standards shall be upon the applicant by a fair preponderance of the credible evidence. The standards required herein shall be deemed a requirement under which a conditional use may be granted and failure of the applicant to establish compliance with all of the standards shall be, at the discretion of the Board of Supervisors, a basis for nonapproval of a conditional use application. In evaluating an application for conditional use, the Board of Supervisors shall:
(1) 
Give full consideration to the size, scope, extent, and character of the use proposed and assure itself that such request is consistent with the plan for future land use in the Township and with the spirit, purpose and intent of this chapter.
(2) 
Take into consideration, the character and type of development in the area surrounding the location for which the request is made and determine that the proposed change or modification, if permitted, will constitute an appropriate use in the area and will not substantially injure or detract from the use of surrounding properties or from the character of the neighborhood.
(3) 
Consider the public interest in, or the need for, the proposed use or change, to determine that the proposal will serve the best interest of the Township and protect the public health, safety and general welfare.
(4) 
Make certain that the proposed use is reasonable in terms of the logical, efficient, and economical extension of public services and facilities, including, but not limited to, public water, sewers, police and fire protection, transportation and public schools.
(5) 
Be guided in its study, review and recommendations by sound standards or subdivision practice where applicable.
(6) 
Review the recommendations of the Planning Commission on the proposed development plan, where such plan is required.
(7) 
Guide the development of highway frontage insofar as possible to limit the total number of access points, reduce the need for on-street parking, and encourage the frontage of dwellings on parallel marginal roads or on roads perpendicular to the highway.
(8) 
Consider the effects of the proposal with respect to congestion on the roads or highways, the most appropriate use of land, conserving the value of buildings, safety from fire, panic and other dangers, adequacy of light, and air, the prevention of overcrowding of land, congestion of population and adequacy of public and community services and determine that approval of the application will not have a substantially adverse effect thereon.
(9) 
Be assured that the natural features characterizing the proposed site and its surroundings shall not suffer unmitigated degradation, that the management of stormwater, the provision of water or sewer service, and any other alterations to the site's predevelopment condition shall be consistent with the Township goals, policies and plans in these regards, and that demand for water and energy by the proposed use shall be minimized to the optimal extent.
(10) 
Impose such conditions, in addition to those required, as are necessary to assure compliance with the intent of this chapter, and which are reasonably necessary to safeguard the health, safety and general welfare of the residents and owners of the property adjacent to the area in which the proposed use is to be conducted. Conditions may include, but are not limited to, harmonious design of buildings, aesthetics, hours of operation, lighting, numbers of persons involved, noise, sanitation, safety, smoke and fume control and the minimizing of noxious, offensive or hazardous elements.
F. 
Nothing in this section shall be construed to relieve the applicant for a conditional use approval from obtaining other required approvals mandated by Chapter 109, Subdivision and Land Development (as amended) or other applicable ordinances.
G. 
Appeals from a determination of the Board of Supervisors pursuant to any application for a conditional use shall be only as prescribed within such times permitted by the applicable provisions of the Pennsylvania Municipalities Planning Code (as amended).[2]
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
H. 
In granting an application for conditional use, the Board of Supervisors may attach such additional reasonable conditions and safeguards as it deems necessary and appropriate to ensure compliance with the provisions of this chapter and to protect the health, safety, and general welfare of the community.
A. 
The Board of Supervisors shall establish a schedule of fees, charges, expenses and collection procedures for zoning permits, certificates of occupancy, special exceptions, variances, appeals and other matters pertaining to this chapter. Such scheduled shall be established by resolution of the Board of Supervisors.
B. 
The schedule of fees shall be available for inspection in the Township offices and may be altered or amended by the Board of Supervisors.
C. 
Until all application fees, charges and expenses have been paid in full as designated in this chapter, no action shall be taken on any application or appeal.
The granting of any permit under this chapter by the Township or any of its designated officials for the use of land or structures or the erection, alteration or extension of any structure or the approval of any subdivision or land development plan shall not constitute a representation, guarantee, or warranty of any kind by the Township or any of its officials or employees as to any manner of injury resulting from such use, erection, alterations or extension, and shall create no liability upon, or a cause of action against such public body, officials, or employees for any damages or injury that may result pursuant thereto.