[Ord. 01-09-18-1, 9/18/2001, § 2800]
The provisions of this chapter shall be administered and enforced
by the Zoning Officer, who shall be appointed by the Board of Supervisors.
It shall be the duty of the Zoning Officer to perform the following
duties:
A.
Receive and examine all applications for zoning permits.
B.
Issue permits only for construction and uses that are specified in
this chapter. The Zoning Officer shall issue no permit for the construction
or use of any land and buildings unless it conforms to all Township
ordinances and the laws of the Commonwealth of Pennsylvania.
C.
Record and file all applications for permits with any accompanying
plans and documents. All plans, applications and documents shall be
a public record.
D.
Receive and forward to the Zoning Hearing Board all applications
for special exceptions or variances to the terms of this chapter.
Construction and uses that require special exceptions or variances
shall be issued zoning permits only upon order of the Zoning Hearing
Board.
E.
Receive applications for conditional uses and zoning changes, forwarding
requests to the Board of Supervisors, Planning Commission and other
reviewing agencies.
F.
Make such reports as the Board of Supervisors may specify.
G.
To revoke, by order, a zoning permit issued under a mistake of fact
or contrary to the law or the provisions of this chapter.
H.
Following refusal of a permit, to receive applications for interpretation,
appeals and variance, which will be forwarded to the Zoning Hearing
Board.
J.
Conduct inspections and surveys to determine compliance or noncompliance
with the terms of this chapter.
K.
Maintain a map showing the current zoning classifications of all
land.
L.
Prepare and maintain a list of nonconforming uses as registered by
property owners.
M.
Enforcement Notices. If it appears to the Township that a violation
of this chapter has occurred, the Township shall initiate enforcement
proceedings by sending an enforcement notice as provided herein. 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;
and to any other person requested in writing by the owner of record.
The enforcement notice shall state at least 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
that have not been met, citing in each instance the applicable provisions
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 a prescribed period of time in accordance
with procedures set forth in this chapter.
(6)
That failure to comply with the notice within the time specified,
unless extended by appeal to the Zoning Hearing Board, constitutes
a violation.
[Ord. 01-09-18-1, 9/18/2001, § 2801; amended by Ord. 2010-09, 11/3/2010, Art. XI; and by Ord. No. 2023-02, 2/14/2023]
No use may be established or changed; no structure may be erected,
constructed, reconstructed, altered, razed, or removed; no building
may be used or occupied, changed in use, or changed in nonresidential
use occupancy; and no property or site may be altered, graded, disturbed
or cleared of trees until a zoning permit has been secured from the
Zoning Officer and as approved by the Township's hydrogeologist
and/or Township Engineer, when applicable. Upon completion of changes
in use or construction, reconstruction, alteration or moving structures,
the applicant shall notify the Zoning Officer of such completion.
No permit shall be considered as complete 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. No zoning permit shall be issued
to an owner or property which is the subject of an unresolved zoning
violation notice and/or an unresolved conservation easement violation.
No zoning permit will be issued for properties where there is a conservation
easement, deed restriction, covenant, and/or easement recorded against
the property that prohibits the use and/or structure applied for.
[Ord. 01-09-18-1, 9/18/2001, § 2802; amended by Ord. No. 2023-02, 2/14/2023]
1.
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 Township and shall be filed with the Zoning
Officer. The application shall be signed by the owner and applicant.
The application shall include two copies of the following information.
Where the applicant has submitted subdivision or land development
plans that show the information requested below, these plans shall
be adequate to meet the zoning permit application requirements.
A.
A statement as to the proposed use of the building or land.
B.
A site layout plan drawn to scale (one inch equals 100 feet or larger)
showing the location, dimensions and height of proposed buildings,
structures or uses and any existing buildings in relation to property
and street lines. If the application relates to property 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. The site layout plan shall, at the request
of the Township, be prepared by and contain the seal of a professional
engineer, land surveyor or architect registered in the Commonwealth
of Pennsylvania.
D.
The location, dimensions and arrangements of all open spaces, yards
and buffer yards, including methods to be employed for screening.
E.
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.
F.
The dimensions, location and methods of illumination of signs, if
applicable.
G.
The location and dimensions of sidewalks and all other areas to be
devoted to pedestrian use.
H.
Provisions to be made for treatment and disposal of sewage and industrial wastes, water supply and storm drainage. Provisions for stormwater management shall be made in compliance with the Plumstead Township Subdivision and Land Development Ordinance (Chapter 22) and Stormwater Management Ordinance (Chapter 26, Part 1).
I.
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.
J.
A description of any proposed industrial or commercial operation
in sufficient detail to indicate effects of those operations in producing
noise, glare, air pollution, fire hazards, traffic congestion, or
other safety hazards.
K.
Description of methods to be employed in controlling any excess noise,
air pollution, smoke, fumes, water pollution, fire hazards, or other
safety hazards.
L.
Any other data deemed necessary by the Zoning Officer to enable the
Officer to determine the compliance of the proposed use with the terms
of this chapter, including but not limited to evidence of compliance
with all federal, state, county or other permit requirements.
M.
Applications made for properties that are subject to a conservation
easement, deed restriction, covenant, and/or easement recorded against
the property shall include that documentation with the application.
2.
No permit for any new use or construction that will involve the on-site
disposal of sewage or waste and no permit for a change in use or an
alteration that will result in an increased volume of sewage or waste
to be disposed of on the site shall be issued until approval has been
granted by the Bucks County Department of Health and the Pennsylvania
Department of Environmental Protection.
3.
No permit for any new use, change in use, construction, and/or alteration
that will result in an increased volume of sewage or waste disposal
to the public sanitary sewer system shall be issued until approval
has been granted by the Bucks County Water and Sewer Authority.
[Ord. 01-09-18-1, 9/18/2001, § 2803]
All applicants for zoning permits, special exceptions, conditional
uses, and interpretation and variance appeals shall, at the time of
making application, pay to the Zoning Officer for use of the Township,
a fee in accordance with a Fee Schedule adopted by resolution of the
Board of Supervisors upon the enactment of this chapter or as such
schedule may be amended by resolution of the Board of Supervisors.[1] In addition, an escrow deposit may be required. The escrow
deposit requirements shall be set by resolution of the Board of Supervisors.
[1]
Editor's Note: The current Fee Schedule is on file in the
Township offices.
[Ord. 01-09-18-1, 9/18/2001, § 2804]
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
one year after the date of issuance of the permit. If not, the permit
shall be considered null and void. However, in case of erection or
construction of a building, the right to proceed with construction
may be extended annually without additional fees for an aggregate
period of not more than three years, provided that the construction
pursuant to said permit has commenced within the first one-year period.
[Ord. 01-09-18-1, 9/18/2001, § 2805]
1.
No structure that has been erected, constructed, reconstructed, extended,
or moved and no land or building changed in use under a zoning permit
shall be occupied or used, in whole or in part, for any use whatsoever
or changed in nonresidential occupancy until the owner or authorized
agent has been issued a certificate of occupancy by the Zoning Officer
indicating that the building or use complies with the terms of zoning
as provided in this chapter.
2.
No certificate shall be issued until the premises in question have
been inspected and found by the Zoning Officer to be in compliance
with this chapter.
3.
The issuance of a certificate of occupancy in no way absolves the
owner or authorized agent from compliance with the intent of this
chapter.
[Ord. 01-09-18-1, 9/18/2001, § 2806]
The Board of Supervisors shall have the power to approve conditional
uses when this chapter specifically requires the obtaining of such
approval and for no other purpose.
[Ord. 01-09-18-1, 9/18/2001, § 2807]
1.
In granting a conditional use, the Board of Supervisors shall make
findings of fact consistent with the provisions of this chapter. The
Board of Supervisors shall not approve a conditional use except when
it is in conformance with the conditions and standards outlined in
this chapter.
2.
The Board of Supervisors shall grant a conditional use only if it
finds adequate evidence that any proposed development submitted will
meet all of the following general requirements, as well as any specific
requirements and standards listed herein for the proposed use. The
Board of Supervisors shall require that any proposed use and location
meet the following requirements:
A.
Use must be 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.
B.
Use must be in conformance with all specific standards and applicable
requirements of this chapter. Applicants must demonstrate that the
proposed use will meet all chapter requirements.
C.
Any impact study required by this chapter under Part 23 shall be submitted for review with the conditional use application. If an applicant seeks relief from the preparation of any impact study, this relief must be sought prior to the conditional use application. The sixty-day time period shall begin upon the submission of a complete application for a conditional use, including all required impact studies.
D.
Plan must be in accordance with sound standards of subdivision and
land development practice.
E.
Plan must be consistent with the Township's Act 537 plan for wastewater.
F.
Plan must be consistent with the Township Comprehensive Plan and
with the Bucks County Comprehensive Plan policies.
G.
Plan must demonstrate that the applicant has conducted a thorough
site analysis and evaluation of the natural features on the site and
in surrounding areas. The plan shall demonstrate that the proposed
development has resulted from an assessment of site features and resources
and that the minimum disturbance to natural features has been proposed.
The features to be considered are:
(1)
Topography.
(2)
Drainage patterns.
(3)
Natural features, floodplains, wetlands, lakes, ponds, forests.
(4)
Vegetation.
(5)
Surrounding land uses.
(6)
Soils and geologic features.
(7)
Historic buildings on the site.
(8)
Road conditions and access.
(9)
Open space considerations, Township and county open space plans
and natural areas inventories.
H.
Any proposed land use which would have a regional impact and significance
shall evaluate the regional impact of the proposed project with respect
to its impact on the Township, surrounding municipalities, and the
County of Bucks.
[Amended by Ord. 2010-09, 11/3/2010, Art. XI]
3.
In addition to the requirements specified in this chapter, the applicant
shall provide all other information necessary for the Board of Supervisors
to make its evaluation.
4.
Review by the Planning Commission. The Board of Supervisors shall
request an advisory opinion from the Planning Commission on any application
for a conditional use. The Planning Commission shall submit a report
of such advisory opinion prior to the date of the public hearing held
by the Board of Supervisors on an application.
[Ord. 01-09-18-1, 9/18/2001, § 2808]
Conditional use applications shall be governed by the following:
A.
The landowner shall make a written request to the Board of Supervisors
that it hold a hearing on his application.
B.
The application shall be accompanied by the following plans and other
materials. It is not the intent of this chapter to require a fully
engineered subdivision or land development plan to be prepared for
the purpose of evaluating the conditional use application, unless
the applicant chooses to do so. If deemed necessary by the Township,
the plan shall be prepared by and contain the seal of a professional
engineer, land surveyor or architect registered in the Commonwealth
of Pennsylvania.
(1)
A statement as to the proposed use of the building or land.
(2)
A site layout plan, drawn to scale (one inch equals 100 feet,
or larger) showing the location, dimensions and height of proposed
buildings, lots, structures or uses; any existing buildings; existing
and proposed property and street lines; and the size of tract to be
developed.
(3)
General information on natural resources on the property.
(4)
The location and arrangement of proposed streets and parking
areas, and pedestrian paths, if applicable.
(5)
Statement regarding the provision of water and sewer services
to the property.
(6)
If the application relates to property 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.
(7)
For residential properties, the proposed number of dwelling
units.
(8)
A description of any proposed industrial or commercial operation
in sufficient detail to indicate how the operation may affect surrounding
properties.
C.
The Township may review the conditional use application simultaneously
with any required subdivision or land development application, within
their sole discretion, provided that the applicant has submitted the
required plans and materials needed to satisfy the subdivision and/or
land development requirements.
D.
The Board of Supervisors shall hold a hearing 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.
E.
Upon the filing of a conditional use application, the applicant and/or
landowner shall be subject to any rules and regulations adopted by
the Board of Supervisors by separate resolution governing the conduct
of the hearing, the presentation of evidence, and the inspection by
parties of the property for which the application has been filed.
F.
Public notice shall be given and written notice shall be given to
the applicant, the Zoning Officer, and to any person who has made
timely request for the same. Written notices shall be sent to all
property owners and any municipality within 1,000 feet of the property
line of the property subject to the application. The list of property
owners shall be supplied to the Township by the applicant. In addition
to the written notice provided herein, written notice of said hearing
shall be conspicuously posted on the affected tract of land at least
one week prior to the hearing.
[Added by Ord. 2017-05, 11/28/2017]
[Ord. 01-09-18-1, 9/18/2001, § 2809]
2.
The Board of Supervisors may attach reasonable conditions and safeguards
as may be deemed necessary to implement the purposes of this chapter
and ensure the protection of adjacent properties from adverse impacts
that may be determined from credible testimony.
3.
A conditional use shall expire if the applicant fails to obtain a
building permit or final subdivision or land development approval
within one year of the conditional use approval by the Township.
4.
Any building, structure or land which is maintained or used in violation
of any conditional use conditions of approval is prohibited and shall
constitute a violation of this chapter, and such violation may be
enforced by the Township or an affected property owner in accordance
with the enforcement provisions set forth in Article VI of the Pennsylvania
Municipalities Planning Code[2] for zoning ordinance violations.
[2]
Editor's Note: See 53 P.S. § 10601 et seq.
[Ord. 01-09-18-1, 9/18/2001, § 2810]
1.
Transferable development rights are available to owners of lots of
25 acres or more within the RP District and RO District that are enrolled
in the Township's Agricultural Security District, pursuant to Pennsylvania
Act 43[1] or on the official Township list of properties nominated
for preservation. Transferable development rights may be used in accordance
with the standards of this chapter, as found in Parts 3 through 18.
[1]
Editor's Note: See 3 P.S. § 901 et seq.
2.
Number of transferable development rights available to owners of
eligible lots is determined by the following formula:
3.
No transferable development rights are available for the following
properties:
A.
Lots or properties from which all of the development rights have
already been sold or transferred.
B.
Lots or properties on which an easement, deed restriction or covenant
has been granted to the state, County of Bucks, Plumstead Township
or other agency qualified to hold conservation easements, and any
lots or properties owned by a school district, federal, state or county
government, municipal authority, utility company, or other program
or agency, or to any person, partnership, corporation, or other public
or quasi-public legal entity.
C.
Lots or properties which have been restricted from development by
the terms or conditions of a development plan, subdivision approval
or other agreement that restricts the property from further development.
D.
Land within the ultimate right-of-way of existing roads.
E.
Lots or properties or portions of lots or properties which have been
designated and used to meet the open space or resource protection
requirements of a subdivision or land development plan.
4.
The development rights may be issued and transferred or sold to a
person, corporation, partnership, or other legal entity so designated
by the landowner, pursuant to the following:
A.
The submission to the Township of an agreement of sale for said rights,
duly executed by the parties.
B.
The applicant shall submit, for Township approval, a restrictive
covenant that would run with the land. The restrictive covenant shall
be subject to the approval of the Township Solicitor and the Board
of Supervisors and shall restrict the land from which TDRs have been
sold so as to comply with the following:
(1)
The location of any additional dwelling unit shall be specified
in the zoning permit application. The location of the dwelling unit
and its driveway shall not harm the economic viability of the subject
land for agricultural production.
(2)
Other buildings or structures may be permitted to be constructed
for agricultural purposes only. No conversions of agricultural buildings
to dwelling units shall be permitted.
(3)
Subdivision of the land from which TDRs have been sold is permitted
only if such subdivision of land shall not harm the economic viability
of the land for agricultural production.
(4)
Land from which TDRs have been sold may be used only for the
following purposes:
(a)
Agriculture: production of crops, livestock, livestock products,
field crops, fruits, and vegetable crops.
(b)
Nursery: horticultural specialties, nursery stock, shrubs, trees,
and flowers.
(c)
Accessory retail sales of agricultural products in accordance
with the requirements of this chapter for Use A5, Accessory Farm Business.
(d)
Preservation of natural landscape by leaving land and resources
undisturbed in forest, field, wetland or other natural and unaltered
state.
(5)
No zoning permits shall be issued for other uses and no land
development approval shall be granted for other uses.
C.
The development rights shall not be transferred and become usable
until the restrictive covenant has been approved by the Township and
has been recorded with the Bucks County Recorder of Deeds.
D.
The land from which development rights have been sold shall not be
used to meet the open space requirements or minimum lot area or yard
requirements for any other use, nor may it be used for any other purpose
that would support or serve development, including but not limited
to fields for land application of sewage, sewage lagoons, stormwater
management facilities, utilities, or other uses.
E.
If the agreement of sale of development rights would entail less
than an entire tax parcel, the following additional regulations shall
apply:
(1)
The portion of the tax parcel involved in the proposed sale
of development rights shall be described by metes and bounds and must
be shown on a plot plan.
(2)
Where a portion of the total available TDRs are sold from a
lot or property, the future sale of additional TDRs from that property
shall occur so that the land from which TDRs are sold is contiguous,
to the greatest extent possible, to the lands from which TDRs were
previously sold.
(3)
Where a portion of the total available TDRs from a lot or property
are sold, the landowner proposing to transfer TDRs shall provide with
his application for the TDRs a resource inventory plan of the property
which shall indicate the location of arable land, wetlands, floodplains,
steep slopes greater than 25% (to the extent that these slopes are
required to be protected under the terms of this chapter), and forests.
The applicant may use data available at the Municipal Building or
at the Bucks County Planning Commission to determine the location
of floodplains, wetlands, and forests. The purpose of the resource
inventory plan is to determine that a fair proportion of the land
to be preserved through the sale of TDRs is buildable under the terms
of this chapter. The land from which TDRs are sold shall have a ratio
of resource-restricted land to land area that is equal to or less
than the ratio of resource-restricted land to total lot area of the
entire property, so that the following standard is met:
|
Total lot area = A acres
|
|
Total lot area with resource restrictions (floodplains, wetlands,
forests, and steep slopes) = B acres
|
|
% of lot with resource restrictions = B/A
|
|
% of area from which TDRs are sold that can have resource restrictions
= B/A
|
(4)
Where a portion of the total available TDRs from a lot or property
are sold and the owner of the lot intends to develop the remaining
portion of the lot, the remaining development potential shall be calculated
on the basis of the number of dwelling units which could have been
constructed on the lot or property without the sale of TDRs. When
the applicant intends to develop the lands remaining after the sale
of TDRs from a portion of a tax parcel, the applicant shall provide
to the Township a sketch plan that indicates the number of dwelling
units that could be developed on the property under the terms of this
chapter so that the remaining development potential can be determined.
The number of TDRs sold shall be subtracted from the total development
potential of the property to determine the number of dwelling units
that could be built on the lands remaining, in accordance with the
following example:
|
Available TDRs for entire tax parcel as calculated in this section:
100 = TDRs
|
|
TDRs proposed to be sold = 50
|
|
Development yield of entire tax parcel as demonstrated by a
sketch plan = 65 dwelling units
|
|
Total remaining development potential which can be built on
the tax parcel on the lands from which TDRs have not been sold (difference
between total yield and TDRs sold and transferred) = 15 dwelling units
|
F.
A plan that uses TDRs shall not receive final plan approval until
the applicant provides to the Township an agreement of sale or other
documentation indicating that the necessary TDRs are available.
5.
Voluntary Use of Development Rights. Uses meeting the requirements
of this chapter and other ordinances of the Township shall be approved
up to the maximum density or impervious surface ratio as permitted
for uses without the purchase of development rights. Nothing in this
chapter shall require a landowner to purchase development rights.
6.
Transfer and Recording. Development rights shall be recorded in the
Bucks County Recorder of Deeds Office in accordance with their regulations.
All transfers and recording shall be conveyed and recorded in full
compliance with Section 619.1, Transferable development rights, of
the Pennsylvania Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 10619.1.
7.
Transferable development rights may be used only in the districts
and for the uses designated by this chapter as being eligible to receive
and use transferable development rights. Transferable development
rights may not be used in zoning districts unless specifically permitted
by this chapter, nor may any transferable development rights be used
to increase the density of any use unless specifically permitted by
this chapter.
8.
No final plan approval shall be granted until the applicant has presented
to the Township an agreement of sale or other documentation to demonstrate
to the satisfaction of the Township that the necessary TDRs have been
acquired to support the proposed development.
