A. 
The provisions of this chapter shall be enforced by an agent, to be appointed by the Board of Supervisors, who shall be known as the "Zoning Officer." The Zoning Officer shall be appointed at the first meeting of the Board of Supervisors following the adoption of this chapter to serve until the first day of January next following, and shall thereafter be appointed annually to serve for a term of one year and/or until his successor is appointed. The Zoning Officer may succeed himself. He shall receive such fees or compensation as the Board of Supervisors may, by resolution, provide.
B. 
The duties of the Zoning Officer shall be:
(1) 
To receive, examine, and process all applications for permits.
(2) 
To issue permits for the construction, alteration, repair, extension, replacement and uses which are in accordance with the regulations of this chapter and as may be subsequently amended.
(3) 
To record and file all applications for permits and accompanying plans and documents and keep them for public record.
(4) 
To inspect nonconforming uses, buildings, and lots and to keep a filed record of such nonconforming uses and buildings as a public record and to examine them periodically, with the view of eliminating the nonconforming uses under the existing laws and regulations and to issue certificates of occupancy for them.
(5) 
Upon the request of the Board of Supervisors or the Zoning Hearing Board, present to such bodies facts, records, and any similar information on specific requests to assist such bodies in reaching their decisions.
(6) 
To be responsible for the keeping up-to-date of this chapter and the Zoning Map, filed with the Township Secretary and to include any amendments thereto.
This chapter shall be enforced by the Zoning Officer of the municipality. No permit of any kind as provided in this chapter shall be granted by him for any purpose except in compliance with the provisions of this chapter.
Failure to secure a permit prior to the erection, construction or alteration of a building or failure to secure a certificate or occupancy shall be a violation of this chapter. It shall also be a violation of this chapter to undertake other deliberate actions which are contrary to the terms of this chapter.
A. 
A zoning permit shall be required prior to a change in use of land or buildings, or the erection, construction, or alteration of any building, structure, or any portion thereof, or any proposed logging operation requiring a permit under the terms of § 170-130.5 of this chapter, or where a zoning permit is required for floodplain management purposes under the terms of Article XIV of this chapter. Except in relation to activities requiring a zoning permit under the terms of Article XIV, no permit shall be required for repairs or maintenance of any building, structure, or grounds, provided such repairs do not change the use or otherwise violate the provisions of this chapter.
[Amended 1-3-2011 by Ord. No. 01-2011; 9-12-2017 by Ord. No. 05-2017]
(1) 
The following provisions with respect to on-site wells shall be a condition to the issuance of any permit as required by this § 170-151, §§ 170-152, 170-153, 170-154 (unless waived by the Supervisors) and 170-155. Where a proposed building is to be served by an individual, on-site well, the application for a [zoning permit or other permit] shall include verification that the production well has been constructed and documentation of the results of its testing. Such testing shall be evaluated by the Zoning Officer against the standards contained in § 130-50B of Chapter 130, Subdivision and Land Development, except that production wells are permitted to have a minimum capacity of three gallons per minute and are not restricted by minimum separation distances. The Zoning Officer shall deny the application for a [zoning permit or other permit] where the test results fail to meet such minimum standards, unless the applicant can prove an alternative means of serving the property is available or methods of ensuring adequate supply exist.
(2) 
Where the application is for occupancy of a new building that is to be served by an individual, on-site well, the applicant shall submit the results of a pump test of that production well conducted not more than 30 days prior to the date of application for the use and occupancy permit. The pump test shall be conducted in accordance with the terms of § 130-50B of Chapter 130, Subdivision and Land Development, except that production wells are permitted to have a minimum capacity of three gallons per minute and are not restricted by minimum separation distances. The Zoning Officer shall deny the application for a use and occupancy permit where the test results fail to meet such minimum standards, unless the applicant can prove an alternative means of serving the property is available or methods of ensuring adequate supply exist.
B. 
Application for permits shall be made in writing to the Zoning Officer and shall contain all information necessary for such officer to ascertain whether the proposed erection, construction, alteration or use complies with the provisions of this chapter. For a zoning permit subject to the terms of the Flood Hazard District, the application shall be in accordance with the terms of § 170-75D of this chapter.
[Amended 9-12-2017 by Ord. No. 05-2017]
C. 
Such permits shall be granted or refused within 30 days (45 days for commercial or industrial applications) from date of application for a period of one year.
D. 
No permit shall be issued except in conformity with the regulations of this chapter, except after written order from the Zoning Hearing Board or the courts.
E. 
In all instances in which the Zoning Officer expresses a reasonable doubt as to the ability of the proposed use to meet all the requirements of this chapter, it will be incumbent upon the applicant to furnish adequate evidence in support of his application.
F. 
The parcel or parcels shall be in a single and full ownership or proof of option shall be furnished at the time of application.
G. 
Construction shall be considered to have started with the first placement of permanent construction on the site, such as pouring of any part of a slab or footing or affixing any prefabricated structure or mobile home to its permanent site; permanent construction does not include land preparation or excavating, temporary forms, or utility line installation. With regard to floodplain management, "start of construction" shall be as defined in § 170-82.4 of this chapter.
[Amended 9-12-2017 by Ord. No. 05-2017]
H. 
A permit shall not be required for minor improvements (costing less than $3,000) to existing buildings providing no structural modifications are involved.
A. 
Applications shall contain the following information:
(1) 
A location plan showing the tract to be developed, zoning district, and adjoining tracts, significant natural features, and streets for a distance of 200 feet from all tract boundaries.
(2) 
A plot plan of the lot showing the location of all present and proposed buildings, drives, parking lots showing driveways, circulation patterns, curb cut accesses, parking stalls and bumpers, access from streets, screening fences and walls, landscaping, waste disposal fields or other methods of sewage disposal, and other constructional features on the lot and the location of all topographical features.
(3) 
Architectural plans for any proposed buildings.
(4) 
A description of the operations proposed in sufficient detail to indicate the effects of those operations in producing traffic congestion, noise, glare, air pollution, water pollution, vibration, fire hazards, safety hazards, or the emission of any potentially harmful or obnoxious matter or radiation.
(5) 
Engineering and architectural plans for treatment and disposal of sewage and industrial waste, tailings or unusable by-products.
(6) 
Engineering and architectural plans for the handling of traffic, noise, glare, air pollution, water pollution, vibration, fire hazards, or safety hazards, smoke, or emission of any potentially harmful or obnoxious matter or radiation.
(7) 
Designation of the manner by which sanitary sewage and stormwater shall be disposed and water supply obtained.
(8) 
The proposed number of shifts to be worked and the maximum number of employees on each shift.
(9) 
Where use by more than one firm is anticipated, a list of firms which are likely to be located in the center, their floor area, and estimated number of employees.
(10) 
Name and address of applicant, owners and contractors.
(11) 
Brief description and estimated cost of proposed work.
(12) 
Permits (copies) issued by all applicable agencies for proposed work including, but not limited to, Chester County Health Department and Pennsylvania Departments of Transportation and Environmental Protection.
(13) 
Any other lawful information that may be required by the Zoning Officer or other sections of this chapter.
B. 
Applications for permits under this section, along with accompanying plans and date, shall be submitted by the Zoning Officer to the Planning Commission for review and comment. The Planning Commission shall review the material to determine that the proposed development is in harmony with the intent of this chapter and the Comprehensive Plan. The Planning Commission shall make its comments on the application within 30 days of its receipt. The Zoning Officer shall take into consideration the comments of the Planning Commission in his approval or denial of the application.
Applications shall be accompanied by plans in duplicate drawn to scale and showing the following:
A. 
Actual dimensions and shape of lot to be built upon.
B. 
Exact size and locations on the lot of all buildings and other structures, if any, and the location and dimensions of proposed buildings and other structures or alteration.
C. 
Existing and proposed uses, showing the number of families the building is designed to accommodate.
D. 
Any other lawful information that may be required by the Zoning Officer, or other sections of this chapter.
E. 
Water and sewer systems (sanitary and storm) shall conform to the most recent applicable regulations adopted by the Board of Supervisors.
F. 
Name and address of applicant, owner and contractor.
G. 
Brief description of proposed work and estimated cost.
H. 
Site location.
I. 
Permit (copy) issued by the Chester County Health Department for any proposed sewerage disposal and/or water systems.
A temporary permit may be authorized by the Zoning Hearing Board, subject to the requirements of Article XXII of this chapter, 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.
A. 
A certificate of use and occupancy shall be required upon the completion of the work contemplated in the zoning permit, and shall be required prior to the occupancy or reoccupancy of any land or building. No building, structure or use shall be utilized in any manner until a certificate of use and occupancy is issued.
[Amended 2-14-2017 by Ord. No. 01-2017]
(1) 
Application procedures. Application shall be made in writing to the Zoning Officer on a form specified for such purpose.
(2) 
Issuance.
(a) 
Certificates of use and occupancy shall be granted or refused within 10 days from the date of application. No application shall be granted or refused until the Zoning Officer has inspected the premises. Issuance of this certificate shall be based on conformance of the work to the requirements of this chapter.
(b) 
Pending completion of a building or alterations thereto or change in use, a temporary use and occupancy certificate may be issued for up to six months by the Zoning Officer for temporary use or occupancy of part or all of the building or lot, provided that such use or occupancy will not tend in any way to jeopardize life or property.
(c) 
In commercial and industrial districts in which performance standards are imposed, no certificate of use and occupancy shall become permanent 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 performance standards.
A. 
Permit applications. Fees for applications for zoning permits, temporary use permits, or certificates of use and occupancy shall be paid in accordance with a fee schedule adopted by resolution of the Board of Supervisors. Such schedule may be revised, as necessary, by resolution of the Board.
B. 
Applications or appeals before the Board of Supervisors or Zoning Hearing Board.
(1) 
Upon submission of an application or appeal before either the Board of Supervisors or the Zoning Hearing Board, the applicant shall deposit an amount of money in accordance with a schedule of applicant expenses, adopted by resolution of the Board of Supervisors. The Township Zoning Officer shall determine into which category an application falls and, therefore, what amount is due.
(2) 
If, at any time, the charges then made against the applicant's deposit shall render the balance insufficient to insure payment of all expenses that may accrue in the disposition of the pending appeal or application, the Township Secretary shall obtain from the applicant additional deposits to assure adequate funds to pay such expenses as they may accrue. Prior to final disposition of the matter, the amount of the deposit balance shall not be less than 15% of the initial deposit amount. The failure of the Township Secretary or the Zoning Hearing Board to require and obtain additional deposits from time to time shall not relieve the applicant from liability for expenses in excess of deposits. Any amount deposited in excess of actual final expenses shall be refunded to the applicant.
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 zoning district and, accordingly, has established standards and criteria by which it can evaluate and decide upon applications for such uses. 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 on a grant of approval.
B. 
Submission and content of application.
(1) 
It shall be the burden of the applicant to demonstrate compliance with the standards and criteria for conditional use contained in this section and with all 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 a conditional use shall be made to the Board of Supervisors on a form provided by or otherwise acceptable to the Township. The Township shall notify all adjacent lot owners, by certified mail, of said application for a conditional use and advise them of the date, time, and place of the conditional use hearing; however, nonreceipt of such notice by any property owner shall not invalidate the conditional use process prescribed by this section. The application shall be accompanied by a fee as stipulated in § 170-156 of this chapter. The amount of such fee shall be as set forth in a resolution of the Board of Supervisors. Five copies of the application with all supporting documents shall be submitted.
(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 130, Subdivision and Land Development. The plan shall, however, demonstrate compliance with all applicable standards for approval of the conditional use. The site plan shall identify all owners of lands contiguous to the subject property.
C. 
Procedure.
(1) 
The application shall be reviewed initially 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) 
Upon receipt of an application for conditional use, the Board of Supervisors shall promptly send copies of the application and all supporting materials to the Londonderry Township Planning Commission and, as appropriate, the Chester County Planning Commission and/or the Chester County Health Department.
(3) 
The Township Planning Commission shall promptly review and consider the application and all supporting materials, and shall return the application and all supporting materials to the Board of Supervisors, along with its recommendation thereon, within 45 days from the date upon which the application was submitted to the Township.
(4) 
Upon receipt of the Planning Commission's recommendations, the Board of Supervisors shall hold a public hearing, pursuant to public notice, at which the application shall be considered. The hearing shall be held within 60 days of the date upon which the application was submitted to the Township.
(5) 
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.
(6) 
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, upon written concurrence by the applicant, result in rescheduling the public hearing where the Planning Commission finds that such changes necessitate a greater period of time for review and comment.
D. 
Determination by the Board of Supervisors.
(1) 
The Board of Supervisors shall, within 45 days after the last hearing, render a written decision which shall either:
(a) 
Approve the application as presented;
(b) 
Disapprove the application as presented, including findings of fact or conclusions on which the decision was based; or
(c) 
Approve the application subject to reasonable conditions as it may deem necessary to implement the purposes of this chapter.
(2) 
If the Board of Supervisors approves the application and accompanying generalized site plan, such approved plan shall accompany: (i) any application for subdivision or land development as prescribed by Chapter 130, Subdivision and Land Development, in addition to the detailed plans normally required; and (ii) any application for a building permit. The issuance or denial 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 130, Subdivision and Land Development.
(3) 
Any grant of conditional use approval shall be deemed null and void 12 months from the date of such approval if, within that period, no application is made for a zoning permit, a certificate of use and occupancy, or subdivision or land development approval as appropriate, unless the Board of Supervisors shall grant an extension that has been requested in writing by the applicant. A maximum of two such extensions, neither of which shall be for a period exceeding six months, may be granted.
[Amended 10-9-2007 by Ord. No. 5-2007]
E. 
General standards. In considering any application for conditional use permitted by this chapter, the Board shall apply the standards and criteria for special exceptions contained in § 170-164 of this chapter, in addition to the express standards and criteria set forth in any other relevant section of this chapter.