A.
The provisions of this chapter shall be administered and enforced
by the Zoning Officer, who shall be appointed by the Borough Council.
B.
It shall be the duty of the Zoning Officer to:
(1)
Receive and examine all applications for zoning permits.
(2)
Issue permits only where there is compliance with the provisions
of this chapter, with other Borough ordinances and with the laws of
the commonwealth. 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 a conditional use by
the Borough Council shall be issued only after receipt of such approval.
(3)
Receive appeals and applications for interpretation, special exceptions
and variances and forward them to the Zoning Hearing Board.
(4)
Receive applications requiring review and forward these applications
to the Planning Commission for its recommendation. The Planning Commission
shall forward such recommendation to the Borough Council within 30
days. If it is not returned within 30 days to the Borough Council,
such action shall indicate approval of the application.
(5)
Conduct inspections and surveys to determine compliance or noncompliance
with the terms of this chapter.
(6)
Issue stop and cease and desist orders, and order in writing correction
of all conditions found to be in violation of the provisions of this
chapter. Such written orders shall be served personally or by certified
mail upon persons, firms or corporations deemed by the Zoning Officer
to be violating the terms of this chapter. All orders not appealed
from in 30 days shall be deemed final.
(7)
With the approval of the Borough Council, or when directed by it,
institute in the name of the Borough any appropriate action or proceedings
to prevent the unlawful erection, construction, reconstruction, alteration,
repair, conversion, demolition, maintenance or use of any building
or structure, to restrain, correct or abate such violation, so as
to 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
such premises.
(8)
Revoke by order a zoning permit issued under a mistake of fact or
contrary to the law or the provisions of this chapter.
(9)
Record and file all applications for zoning permits with accompanying
plans and documents. All applications, plans and documents shall be
a public record.
(10)
Maintain a map or maps showing the current zoning classification
of all land in the Borough.
(11)
Upon the request of the Borough Council, the Planning Commission
or the Zoning Hearing Board, present facts, records or reports which
it may request to assist it in making decisions.
A.
Hereafter, no structure shall be erected, constructed, reconstructed,
altered or moved, and no building shall be used or occupied, or changed
in use, until a zoning permit has been secured from the Zoning Officer.
Upon completion of changes in use or construction, reconstruction,
alteration or moving of structures, the applicant shall notify the
Zoning Officer of such completion. 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 has been inspected
and approved as being in conformity with the provisions of this chapter
and any other ordinance which may be applicable.
B.
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. Zoning permits shall not
be required for general maintenance work, painting, cleaning woodlands,
building ponds, tilling the soil, terraces or similar features, or
landscaping.
A.
All applications for zoning permits shall be made by the owner, tenant, purchaser 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 consist of three parts set forth in Subsection A(1), (2) and (3) below:
[Amended 2-7-2005 by Ord. No. 2005-1]
(1)
A written statement, including:
(a)
An identification of the proposed use of the building or land.
(b)
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, traffic congestion or other safety hazards.
(c)
A description of methods to be employed in controlling any excess
noise, air pollution, smoke, fumes, water pollution, fire hazards
or other safety hazards.
(d)
In the case of applications for interpretation, variances and special exceptions, the additional information specified in Article XI.
(e)
Any other data deemed necessary by the Zoning Officer or Borough
Council to enable it to determine the compliance of the proposed development
with the terms of this chapter.
(2)
A site plan drawn to scale showing:
(a)
The location, dimensions and height of proposed buildings, structures,
fences or uses and existing buildings in relation to property and
street lines. If the application relates 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.
(b)
The location, dimensions, arrangement and capacity of all open
spaces and yards and buffer yards, including methods to be employed
for screening.
(c)
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, if required under Article VII.
(d)
The dimensions, location and methods for illumination of signs,
if applicable.
(e)
The location and dimensions of sidewalks and all other areas
to be devoted to pedestrian use.
(f)
Provisions to be made for treatment and disposal of sewage and
industrial wastes, water supply and storm drainage.
(g)
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.
(h)
The location of environmental factors, such as slopes, open
waterway, floodplains, pools, stands of mature trees, etc., shall
be indicated.
B.
During a period of 60 days before the introduction of an ordinance
which proposes a change in regulations, district boundaries or classifications
of property, unless the Council shall have acted on the ordinance
within the said sixty-day period, 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.
C.
No zoning permit for any new use or construction which will involve
the on-site disposal of sewage or waste, and no zoning 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.
The Zoning Officer shall not issue a zoning permit for the erection,
construction, reconstruction or alteration of a building in a subdivision
or land development, as defined below, prior to the approval of the
subdivision or land development plan in compliance with the procedures,
standards and regulations established in the Bucks County Subdivision
and Land Development Regulations, in the absence of a subdivision
and land development ordinance enacted by the Penndel Borough Council.[1]
A.
Subdivision, major and minor.
(1)
A major subdivision is the division of a lot, tract or parcel of
land, or part thereof, into two or more lots, tracts or parcels of
land for the purpose, whether immediate or future, of transfer of
ownership or of building development.
(2)
A minor subdivision is the division of a single lot, tract or parcel
of land into two lots, tracts or parcels of land for the purpose,
whether immediate or future, of transfer of ownership or of building
development, provided that the proposed lots, tracts or parcels of
land thereby created have frontage on an improved public street or
streets, and provided further that there is not created by the subdivision
any new street or streets, the need for required improvements, easement
or access or the need therefor.
B.
Land development is:
(1)
The improvement of one or more lots, tracts or parcels of land that
involves the installation of streets, driveways and/or parking areas.
The proposed uses shall be, but are not limited to, the following:
all commercial development, including shopping centers; industrial
and industrial parks; mobile home parks in which spaces are leased;
and multifamily residential. The vehicular accessways and parking
areas may or may not be offered for dedication. Single residential
uses shall be excluded.
(2)
A division of land into lots for the purpose of conveying such lots
singly or in groups to any person, partnership or corporation for
the purpose of the erection of building by such partnership or corporation.
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; provided, however, that in the
case of erection or construction of a building, the right to continue
with construction may be extended annually without payment of additional
fees for an aggregate period of not more than two years, provided
that the construction pursuant to said permit has commenced within
one year following issuance of the permit.
[Amended 11-7-1988 by Ord. No. 88-8]
Zoning permits shall be granted or refused within 30 days after
the date of application. No permit shall be issued until the Zoning
Officer has certified that the proposed building or alteration complies
with all the provisions of this chapter. In case of refusal, the applicant
shall be informed of his right of appeal to the Zoning Hearing Board.
Upon completion of the erection or alteration of any building or portion
thereof authorized by any permit obtained in compliance with this
chapter and prior to occupancy or use, the holder of such permit shall
notify the Zoning Officer of such completion. Occupancy shall not
be authorized until the Zoning Officer has certified that the work
has been inspected and approved as being in conformity with the permit
and the provisions of this chapter and other applicable ordinances
and has issued a certificate of occupancy where required as provided
below. All applications with accompanying plans and documents shall
be a public record.
A.
A certificate of occupancy shall be required for any of the following:
(1)
Occupancy and use of any building or portion thereof hereafter erected
or altered.
(2)
Change in use of an existing building to a use of a different classification.
(3)
Occupancy and use of vacant land or change in the use of land to
a use of a different classification.
(4)
Any change in use or extension of a nonconforming use.
B.
This certificate shall indicate that the proposed use of such building
or land is in conformity with the provisions of this chapter.
[Amended 7-1-1991 by Ord. No. 91-2]
A certificate of occupancy shall be granted or refused within
30 days after the Zoning Officer has been notified of the completion
of the authorized construction or alteration or, where no construction
or alteration is involved, within 30 days after receipt of written
application therefor. Upon written request from the owner, the Zoning
Officer shall issue a certificate of occupancy for any building or
land existing at the time of enactment of this chapter, certifying,
after inspection, the extent and kind of use or disposition of the
buildings or land and whether such use or disposition conforms to
the provisions of this chapter. Pending completion of a building or
of alterations thereto, a temporary certificate of occupancy may be
issued by the Zoning Officer for the use of a part or all of the building,
provided that such temporary occupancy or use would not tend in any
way to jeopardize life or property. A record of all certificates of
occupancy shall be kept on file in an office of the Borough, and a
copy of any such permit shall be furnished upon request to any person
having a proprietary or tenancy interest in the building or premises.
[Amended 5-2-1983 by Ord. No. 83-5[1]]
The fee for a permit shall be as set by resolution of the Borough
Council. Each applicant for an interpretation, special exception and/or
variance shall, at the time of making application, pay a fee in accordance
with a fee schedule to be adopted by resolution of the Borough Council.
The amount of the fee shall be predicated upon the average cost to
the Borough of the application or appeal, as nearly as it can reasonably
be determined, including advertising, mailing, reproduction, stenographic,
legal and similar expenses. The amount by which the fee exceeds the
actual costs of the proceeding shall be returned to the applicant
or appellant following the filing of the decision of the Zoning Hearing
Board. Payment of all costs must be made in full before a building
permit shall be issued.
