The provisions of this chapter shall be administered and enforced
by the Zoning Officer, who shall be appointed by the Borough Council,
or by the Building Inspector or other person specifically assigned
to such service by Borough Council.
It shall be the duty of the Zoning Officer or other assigned
person and each shall have the power to:
A.
Receive and examine all applications for zoning permits.
B.
Refer zoning permit applications for all uses permitted by right or special exception as enumerated in Article V, Zoning Districts, to the Borough Manager for processing.
C.
Issue permits only where there is compliance with the provisions
of this chapter and with other Borough ordinances and with the laws
of the commonwealth and the federal government. Permits for construction
or uses requiring a special exception or variance shall be issued
only upon order of the Zoning Hearing Board. Permits requiring approval
of the Borough Council shall be issued only after receipt of a recommendation
from the Council.
D.
Receive applications for special exceptions and variances and forward
these applications to the Zoning Hearing Board for action thereon.
E.
Following refusal of a permit, to receive applications for interpretation,
appeals and variances and forward these applications to the Zoning
Hearing Board for action thereon.
F.
Conduct inspections and surveys to determine compliance or noncompliance
with the terms of this chapter.
H.
In addition to other remedies and with the approval of the Borough
Council or when directed by it, institute any appropriate action or
proceedings to prevent unlawful erection, construction, reconstruction,
alteration, repair, conversion, maintenance or use; restrain, correct
or abate such violation; prevent the occupancy of or use of any building,
structure or land; or to prevent any illegal act, conduct, business
or use in or about the premises in case any building or structure
is erected, constructed, reconstructed, altered, repaired, converted
or maintained or any building, structure, landscaping or land is used
in violation of this chapter or of any ordinance or other regulation
made under authority conferred hereby.
I.
Revoke by order a zoning permit issued under a mistake of fact or
contrary to the law or the provision of this chapter.
J.
Record and file all applications for zoning permits with accompanying
plans and documents. All applications, plans and documents shall be
a public record.
K.
Maintain a map or maps showing the current zoning classification
of all land in the Borough.
L.
Upon the request of the Borough Council, the Planning Commission
or the Zoning Hearing Board, present facts, records or reports which
they may request to assist them in making decisions.
The Borough Council shall have exclusive jurisdiction to hear
and render final adjudications in the following matters:
A.
All applications for subdivisions and land developments pursuant to Chapter 164, Subdivision and Land Development. Any provision in Chapter 164, Subdivision and Land Development requiring that final action concerning subdivision and land development applications be taken by the Planning Commission rather than the Borough Council shall vest exclusive jurisdiction in the Planning Commission in lieu of the Borough Council for purposes of the provisions of this subsection.
A.
In the case of application for zoning permits for uses indicated in § 186-114B, the Borough Manager shall refer subject applications to the Borough Planning Commission, Borough Engineer, Zoning Officer and, when applicable, to the Borough Council and Zoning Hearing Board for signatures indicating approval or disapproval of the application.
B.
The Planning Commission shall review the application to ensure compliance
with the terms of this chapter. In reviewing such applications, the
Planning Commission shall follow the same procedure employed in reviewing
subdivision plans. The Planning Commission shall submit its recommendations
and findings to the Borough Council within 30 days of the receipt
of the application from the Zoning Officer. Should the Planning Commission
fail to submit a report and recommendations to the Borough Council
within 30 days from receipt of the application from the Zoning Officer,
the application shall be deemed acceptable to the Planning Commission.
C.
The Borough Manager will ensure that upon action by the Borough Council,
the Zoning Officer and the applicant are informed of the Council's
decision.
A.
Hereafter no structure, except for signs stipulated in § 186-76, fences, retaining walls under four feet in height, play structures and ground-level patios not under roof made with concrete pavers or bricks, shall be erected, constructed, reconstructed, altered, moved and no building used or occupied or changed in use until a zoning permit has been secured from the Zoning Officer.
B.
Upon completion of changes in use or construction, reconstruction,
alteration or moving of structures, the applicant shall notify the
Zoning Officer of such completion.
C.
No certificate of occupancy, temporary or permanent, shall be issued
for any new use or construction, including any new dwelling in a new
development, until such time as all of the following improvements
have been installed to the satisfaction of the Borough Engineer:
D.
No permit shall be considered as completed or as permanently effective
until the Zoning Officer has noted on the permit that the work or
occupancy and use have been inspected and approved as being in conformity
with the provisions of this chapter.
E.
All structures for which permits have been obtained and the construction
of which or a portion of which has been begun or for which a contract
or contracts have been let pursuant to a permit issued prior to the
passage of this chapter may be completed and used in accordance with
the plans on which said permit was granted.
A.
All applications for zoning permits shall be made in writing by the
owner, tenant, vendee under contract of sale or authorized agent on
a form supplied by the Borough and shall be filed with the Zoning
Officer. The application shall include the following information:
(1)
A statement as to the proposed use of the building or land.
(2)
A site layout drawn to scale, showing the location, dimensions
and height of proposed buildings, structures or uses and any existing
buildings in relation to property which is scheduled to be developed
in successive stages. Such plans shall show the relationship of the
portion scheduled for initial development to the proposed layout of
the entire property.
(3)
The locations, dimensions and arrangements of all open spaces
and yards and buffer yards, including methods to be employed for screening.
(4)
The site layout plan shall indicate all existing trees which are to be saved, the tree protection zone boundary and the method by which protection will occur. In addition, tree protection techniques, in accordance with § 164-41.1 of the Subdivision and Land Development chapter, shall be indicated on the plan and shall be adhered to during construction.
(5)
The location, size, arrangement and capacity of all areas to
be used for motor vehicle access, off-street parking, off-street loading
and unloading and provisions to be made for lighting such areas.
(6)
The dimensions, location and methods of illumination for signs,
if applicable.
(7)
The location and dimensions of sidewalks and all other areas
to be devoted to pedestrian use.
(8)
Provisions to be made for treatment and disposal of sewage and
industrial wastes, water supply and storm drainage.
(9)
The capacity and arrangement of all buildings used or intended
to be used for dwelling purposes, including the proposed density in
terms of number of dwelling units per acre of land.
(10)
A description of any proposed industrial or commercial operations
in sufficient detail to indicate effects of those operations in producing
noise, heat, vibration, glare, air pollution, water pollution, fire
hazards or other safety hazards.
(11)
Description of methods to be employed in controlling any excess
noise, air pollution, smoke, fumes, water pollution, fire hazards
or other safety hazards.
(13)
Any other data deemed necessary by the Zoning Officer, Planning
Commission or Borough Council to enable them to determine the compliance
of the proposed development with the terms of this chapter.
B.
No permit for any new use or construction which will involve the
on-site disposal of sewage or waste and no permit for a change in
use or an alteration which will result in an increased volume of sewage
or waste to be disposed of on the site shall be issued until a certificate
of approval has been issued by the Bucks County Department of Health.
C.
From a period beginning 30 days before the public hearing on an ordinance
which proposes a change in regulations, district boundaries or classifications
of property until the Council shall have acted on the ordinance within
the time required by statute, the Zoning Officer shall accept no application
for permits within the area involved in said change for any use which
would be forbidden in the proposed ordinance.
All applicants for zoning permits, special exceptions and interpretation
and variance appeals shall, at the time of making application, pay
to the Zoning Officer for use of the Borough a fee in accordance with
a fee schedule adopted by resolution of the Borough Council upon the
enactment of this chapter or as such schedule may be amended by resolution
of the Borough Council.
Any erection, construction, reconstruction, alteration or moving
of a building or other structure, including a sign authorized by a
zoning permit, shall be commenced and any change in use of a building
or land authorized by a zoning permit shall be undertaken within six
months after the date of issuance of the permit. If not, the permit
shall be considered null and void. However, in the case of erection
or construction of a building, the right to proceed with construction
may be extended annually without payment of additional fees for an
aggregate period of no more than two years, provided that the construction
pursuant to said permit has commenced within the first six-month period.
In the case of an application for a special exception or variance related to a use or activity within the Floodplain District, refer to Chapter 94, Floodplain Management, of the Code of the Borough of Perkasie.
Proposals for amendment, supplement, change, modification or
repeal may be initiated by Borough Council on its own motion, by the
Planning Commission or by petition of one or more owners of property
to be affected by the proposed amendment, subject to the following
provisions:
A.
Proposals originated by the Borough Council. The Borough Council
shall refer every proposed amendment, supplement, change, modification
or repeal originated by the Council to the Planning Commission. Within
30 days of submission of said proposal, the Planning Commission shall
submit to Borough Council a report containing Commission's recommendations,
including any additions or modifications to the original proposal.
B.
Proposals originated by the Planning Commission. The Planning Commission
may at any time transmit to the Borough Council any proposal for the
amendment, supplement, change, modification or repeal of this chapter.
C.
Proposals originated by a citizen's petition. Each petition by one
or more owners of property to be affected by a proposal for amendment,
supplement, change or modification shall be signed and acknowledged
and submitted in writing to the Secretary of the Borough Council.
On receipt of said petition, the Borough Council shall transmit a
copy of the petition to the Planning Commission. Within 30 days of
its submission to the Planning Commission, the Commission shall submit
to the Borough Council a report containing the Commission's recommendation,
including any additions or modifications of the original proposal.
D.
The Borough shall submit each amendment to the Bucks County Planning
Commission in accordance with the Pennsylvania Municipalities Planning
Code.
E.
An attested copy of the proposed ordinance shall be filed in the
county law library or other county office designated by the County
Commissioners.
A.
No such amendment, supplement, change, modification or repealer shall
become effective until after a public hearing in relation thereto,
at which parties in interest and citizens shall have an opportunity
to be heard. Notice shall be published once each week for two successive
weeks in a newspaper of general circulation in the municipality. Such
notice shall state the time and place of the hearing and the particular
nature of the matter to be considered at the hearing. The first publication
shall be not more than 30 days or less than seven days from the date
of the hearing.
B.
If the proposed amendment involves a Zoning Map change, notice of
said public hearing shall be conspicuously posted by the Borough at
points deemed sufficient by the Borough along the perimeter of the
tract to notify potentially interested citizens. The affected tract
or area shall be posted at least one week prior to the date of the
hearing.
C.
If, after any public hearing held upon an amendment, the proposed
amendment is changed substantially or is revised to include land previously
not affected by it, the Borough Council shall hold another public
hearing, pursuant to public notice, before proceeding to vote on the
amendment.
D.
Within 30 days after enactment, a copy of the amendment to the Zoning
Ordinance shall be forwarded to the Bucks County Planning Commission.
A.
The Zoning Officer is hereby authorized and directed to enforce the provisions of this section and to institute civil enforcement proceedings as provided for in § 186-125 when acting within the scope of his or her employment.
B.
If it appears that a violation of this chapter has occurred, the
Zoning Officer shall initiate enforcement proceedings by sending an
enforcement notice 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 and to any other
person requested in writing by the owner of record.
C.
An enforcement notice shall state at least the following;
(1)
The name of the owner of record and any other person against
whom the Borough 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 provisions
of this chapter.
(4)
That the owner of record or other person against whom the Borough
intends to take action has five days to commence steps to comply with
this chapter and 30 days within which to complete such steps to be
in compliance with this chapter, unless such times are extended in
writing by the Zoning Officer, for cause shown.
(5)
That the recipient of the notice has the right to appeal to
the Zoning Hearing Board within 30 days of the date of the enforcement
notice or not later than the expiration of any extension granted,
in writing, by the Zoning Officer.
(6)
That the failure to comply with the enforcement notice within
the time specified, unless extended by appeal to the Zoning Hearing
Board, constitutes a violation with sanctions clearly described.
A.
Any person, partnership or corporation who or which has violated
or permitted the violation of any of the provisions of this chapter,
upon being found liable therefor in a civil enforcement proceeding
commenced by the municipality, shall pay a judgment of not more than
$500 plus all court costs plus reasonable attorney fees incurred by
the Borough as a result thereof. No judgment shall commence or be
imposed, levied or payable until the date of the determination of
a violation by the District Justice. If the defendant neither pays
nor timely appeals the judgment, the Borough may enforce the judgment
pursuant to the applicable rules of civil procedure. Each day that
a violation continues shall constitute a separate violation, unless
the District Justice determines that there was a good faith basis
for the person, partnership or corporation violating this chapter
to have believed that there was no such violation, in which event
there shall be deemed to have been only one such violation until the
fifth day following the date of the determination of a violation by
the District Justice and thereafter each day that the violation continues
shall constitute a separate violation.
B.
The Court of Common Pleas, upon petition of the defendant, may grant
an order of stay, upon cause shown, tolling the per diem judgment
pending a final adjudication of the violation and judgment.
C.
Nothing contained herein shall be construed or interpreted to grant
to any person or entity other than the Borough the right to commence
any action for enforcement pursuant to this section.
Whenever a violation of this chapter occurs, any person may
file a complaint in regard thereto. All such complaints must be in
writing and shall be filed with the Zoning Officer, who shall properly
record such complaint and immediately investigate and report thereon
to the Borough Council.
The degree of flood protection required by this chapter is considered
reasonable for regulatory purposes and is based upon scientific studies.
Larger floods may occur on rare occasions or the flood height may
be increased by man-made or natural causes, such as ice jams or bridge
openings constricted by debris. In such instances, areas outside the
Flood District may be subject to flooding or flood damage. This chapter
shall not create liability on the part of the Borough of Perkasie
or any officer or employee thereof for any flood damage that results
from reliance on this chapter or any administrative decision lawfully
made thereunder.
A.
Applicability. The Borough Council shall have the power to approve
conditional uses when this chapter specifically requires the obtaining
of such approval and for no other use or purpose.
B.
Conditions and standards. In granting a conditional use, the Borough
Council shall make findings of fact consistent with the provisions
of this chapter. The Borough Council shall not approve a conditional
use except in conformance with the conditions and standards outlined
in this chapter.
C.
General requirements and standards. The Borough Council shall grant
a conditional use only if it finds adequate evidence that any proposed
development will meet all of the following general requirements as
well as any specific requirements and standards listed herein for
the proposed use. The Borough Council shall, among other things, require
that any proposed use and location be:
(1)
In accordance with the Comprehensive Plan and consistent with
the spirit, purposes and the intent of this chapter.
(2)
In the best interests of the Borough, the convenience of the
community, the public welfare and be a substantial improvement to
the property in the immediate vicinity.
(3)
Suitable for the property in question, and designed, constructed,
operated and maintained so as to be in harmony with and appropriate
in appearance to the existing or intended character of the general
vicinity.
(4)
In conformance with all applicable requirements of this chapter
and all Borough ordinances.
(5)
Suitable in terms of effects on highway traffic and safety with
adequate access arrangements to protect streets from undue congestion
and hazard.
(6)
In accordance with sound standards of subdivision and land development
practice where applicable.
D.
The Borough Council may impose whatever reasonable conditions it
deems necessary to ensure that any proposed development will secure
substantially the objectives in this chapter.
E.
Review by the Planning Commission. The Borough Council shall request
an advisory opinion from the Borough Planning Commission on any application
for a conditional use; the Planning Commission is to submit a report
of such advisory opinion prior to the date of the public hearing held
by the Borough Council on an application.
F.
Conditional use applications shall be governed by the following:
(1)
The landowner shall make a written request to the Borough Council
that it hold a hearing on his application. The request shall contain
a statement reasonably informing the Borough Council of the matters
that are at issue.
(2)
The application shall be accompanied by plans and other material
describing the use or development proposed. Such plans and other materials
shall provide a sufficient basis for evaluating the applicant's request.
Information required by this chapter shall accompany the application.
(3)
The Borough Council shall hold a hearing pursuant to public
notice upon the request, commencing not later than 60 days after the
request is filed, unless the applicant requests or consents in writing
to an extension of time.
G.
The Borough Council shall conduct hearings and make decisions in accordance with the procedures set forth in § 186-104.
H.
The applicant for any hearing on a conditional use request before
the Borough Council shall, at the time of making application, pay
a fee in accordance with a fee schedule adopted by resolution of the
Borough Council or as such schedule may be amended from time to time.
I.
The burden of proof in a conditional use application shall be on
the applicant to establish that all of the conditions are met and
in keeping with the intent of this chapter.
Parties to proceedings authorized in this chapter may utilize
mediation as an aid in completing any such proceedings in accordance
with Section 908.1 of the Municipalities Planning Code.
