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Newtown Area Zoning Jointure, PA
Bucks County
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[Readopted effective 6/23/2007 by JMZO Ord. 2007; adopted 6/18/2007.]
A. 
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 regulations herein established for the district in which such land, building, or structure is located.
B. 
In cases of mixed occupancy, the regulations for each use shall apply to the portion of the building or land so used.
[Amended effective 11/25/2002 by JMZO Ord. 2002-13, § II.F; adopted 11/20/2002. Readopted effective 6/23/2007 by JMZO Ord. 2007; adopted 6/18/2007.]
A. 
Appointment and Qualifications. The provisions of this Ordinance shall be administered and enforced by the zoning officer of each participating municipality (the local zoning officer) with the aid of the municipal governing body, police department, and other municipal agencies of each such participating municipality. The zoning officer shall be appointed by the governing body and shall not hold any elective office in the municipality. Each such zoning officer shall be appointed annually to serve a term of one year or until his successor is appointed. Each such zoning officer may succeed himself. He shall receive such compensation as the participating governing body shall provide.
B. 
Duties and Powers. It shall be the duty of the local zoning officer and he shall have the power to:
1. 
Receive and examine all applications for zoning permits for the participating municipality.
2. 
Process zoning permit applications for all uses as enumerated in Article VIII as permitted within the applicable districts. Where required, applications shall be forwarded to the local planning commission, local building inspector, local engineer, and Local Zoning Hearing Board for approval or disapproval.
3. 
Review applications for zoning permits for erection or alterations of structures or changes of use in order to determine whether such construction or use is in accordance with general requirements of this Ordinance, all other applicable ordinances, and the laws and regulations of the Commonwealth. Permits for construction of uses requiring a special exception or variance shall be issued only upon order of the Local Zoning Hearing Board. Permits requiring conditional approval by the governing body shall be issued only after receipt of approval from the governing body.
4. 
Conduct inspections and surveys of uses, structures, lots, and signs to determine compliance or non-compliance with the terms of this Ordinance. In carrying out such surveys, the local zoning officer or his representative may enter upon any land but shall in all cases notify the property owner or other party in possession, in advance, of his intention to enter any dwelling house, unless he shall first have secured a search warrant.
5. 
Issue stop, cease and desist orders; and order in writing correction of all conditions found to be in violation of the provisions of the Zoning Ordinance. Any such written order shall be served personally or by certified mail upon each person, firm or corporation deemed by the local zoning officer to be violating the terms of this Ordinance. In addition, any such written order 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 notices regarding that parcel and to any person requested in writing by the owner of record.
6. 
With the approval of the local governing body, or when directed by them, institute in the name of the municipality any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, occupancy, or use of any building, structure, or land in order to restrain, correct, or abate such violation, so as to prevent such occupancy or use of any building, structure, or land, or to prevent any illegal act, conduct, business, or use in or about such premises.
7. 
With the approval of the local governing body, or when directed by them, institute in the name of the municipality a citation for a violation of this Ordinance before the district justice of the peace having jurisdiction.
8. 
Revoke any order or zoning permit issued under a mistake of fact or contrary to the law of the provisions of this Ordinance.
9. 
Record and file in the municipal building all applications for zoning permits with accompanying plans and documents. All applications, plans, and documents shall be a public record.
10. 
Maintain a map showing the current zoning classification of all land which shall be posted at the municipal building.
11. 
Maintain a map and register showing the registration, identity, location, and type of all nonconforming uses and structures, which shall be posted at the municipal building.
12. 
Be available to testify in all proceedings before the Local Zoning Hearing Board; present facts and information to assist the Local Zoning Hearing Board in reaching a decision; resist and oppose any deviations from the standard provisions of this Ordinance; and encourage decisions of the Local Zoning Hearing Board to be reviewed in a court of proper jurisdiction when, in the judgment of the local zoning officer, such review is desirable.
13. 
Keep a record of all plans and applications for permits and all permits issued, with notations as to special conditions attached thereto. A copy of all such records shall be sent to each participating municipality on a monthly basis. All records shall be open for public inspection.
[Readopted effective 6/23/2007 by JMZO Ord. 2007; adopted 6/18/2007. Amended effective 9/23/2018 by JMZO Ord. No. 2017-04, adopted 9/18/2018.]
There shall remain a local planning commission for each participating municipality that shall review all applicable matters relating to lot line changes, subdivisions, land developments, or any other matter of a planning or zoning nature in which jurisdiction resides in the governing body of a municipality that is not a joint planning or joint zoning function and as prescribed within the Pennsylvania Municipalities Planning Code.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007. Amended effective 12/8/2008 by JMZO Ord. 2008-06, § I; adopted 12/3/2008.]
A. 
Use Permits.
1. 
Requirements of Use Permits. It shall be unlawful for any person to make any use of any building, farming unit, or other structure or land until a use permit has been duly issued therefore. Use permits shall be required prior to any of the following:
a. 
Use of any building or other structure hereinafter erected, altered, or enlarged for which a building permit or frontage improvement permit is required;
b. 
Change in use of any building or structure;
c. 
Use of land or change in the use thereof, except that the placing of vacant land under cultivation shall not require a use or occupancy permit;
d. 
Change in use or expansion of a nonconforming use.
2. 
Applications for Use Permits. All applications for use permits shall be made to the local zoning officer in writing on forms furnished by the municipality and shall include all information necessary to enable the zoning officer to ascertain compliance with this Ordinance. Whenever the use of a premises involves a new building or structure or alterations to an existing structure, application for a use permit shall be made prior to application of a building permit. When no construction or alteration is involved, application for a use permit and an occupancy permit may be made simultaneously at any time prior to the use or occupancy of the structure or land.
3. 
Issuance of Use Permits. No use permits shall be issued until the local zoning officer has certified that the proposed use of land or existing or proposed building or structure complies with the provisions of the applicable district and other provisions of this Ordinance. Issuance of a use permit does not permit occupancy; an occupancy permit is also required.
B. 
Frontage and Storm Drainage Improvement Permits.
1. 
Requirement of Frontage and Storm Drainage Improvement Permits. A frontage and storm drainage improvement permit shall be required prior to the issuance of any building permit for any structure, or the issuance of an occupancy permit for any lot where a driveway is proposed to be altered or constructed from any public street into a property or where the amount of impervious surfaces on the site is to be increased by greater than 1,000 square feet. The local municipal engineer shall approve the type of construction, alteration, and the location of any driveway into the property and all drainage improvements within the site, including a drainage pipe to be installed under said driveway, if necessary. It shall be unlawful for any person to commence work for the construction or alteration of any frontage or storm drainage improvement until a permit has been duly issued therefore.
2. 
Application for Frontage and Storm Drainage Improvement Permits.
a. 
All applications for frontage and storm drainage improvement permits shall be made to the local zoning officer in writing on a form provided by the municipality, and shall be accompanied by the name and address of the contractor who is going to install the said driveway, drainage facilities, and other frontage improvements. The application shall include a plot plan of the property, showing in detail the frontage improvements to be installed on the said property, including, but not limited to:
(1) 
The location, width, manner, and type of construction of the driveway on the said property and the sidewalk and curb, if any, in front of the said property;
(2) 
The drainage pipe, including the size and type proposed to be put under the driveway, if any;
(3) 
All storm drainage improvements, impoundments, pipe size, etc.; and
(4) 
The grading of the property.
b. 
The applicant shall submit four copies of the application and plan, to be distributed as follows:
(1) 
One to the local zoning officer; and
(2) 
Three to the local municipal engineer.
c. 
After the local municipal engineer approves the plan, he shall return one copy to the applicant and one copy to the local zoning officer.
3. 
Issuance of Permits.
a. 
No improvement or occupancy permit shall be issued until approved by the local municipal engineer.
b. 
The improvements shall be inspected and approved by the local municipal engineer. The applicant and/or contractor doing the work is required to notify the municipal engineer at least 48 hours before any work is started in connection with the installation of the said improvements.
c. 
The local zoning officer shall not issue an occupancy permit for the said structure or use until he receives a letter or certificate from the local municipal engineer stating that the facilities have been completed and installed in a satisfactory manner in compliance with the terms of the application which has been filed.
C. 
Building Permits.
1. 
Requirement of Building Permits.
a. 
Building without Permit Unlawful. A building permit shall be required prior to the erection, alteration, or enlargement of any building, other structure, or portion thereof. It shall be unlawful for any person to commence work for the erection, alteration, or enlargement of any building, structure, or portion thereof until a permit has been duly issued therefore.
b. 
Non-residential Farm Buildings. A non-residential farm building requires an application for a building permit. However, if a non residential farm building is to be placed more than 150 feet from any road or property line, if the proposed construction is found by the municipality to be outside of the floodplain, and, if a permit has been applied for, no building requirements other than yard requirements need to be complied with.
c. 
Permits within Historic Districts. For any erection, alteration, or enlargement of any building, or other structure, or portion thereof within a Historic District, the permit application shall be reviewed by the Historic and Architectural Review Board prior to the issuance of a permit in accordance with the historic district ordinance of the participating municipality in which the building or structure is located.
d. 
Permit for Microwave Antenna for Satellite Communication.
(1) 
A permit shall be required prior to the erection or installation of any microwave antenna for satellite communication (microwave antenna).
(2) 
All applications shall be accompanied by plans in duplicate and to scale showing:
(a) 
The dimensions of the lot and location of the buildings thereon;
(b) 
Details of the microwave antenna, antenna and receiver and antenna specifications, powering method, cabling and lighting protection together with details of all microwave antenna anchors, supports, and foundations, and the exact proposed location thereon on the lot;
(c) 
The proposed location, type and height of the required visual barrier screen;
(d) 
Design wind load for the installation and the method by which safety to adjacent properties and human lives is assured;
(e) 
Forces on the foundation under worst case conditions of wind, rain and snow;
(f) 
When microwave antennas are attached to an existing structure, details of how microwave antenna loads will be distributed to the existing structure.
e. 
Permit for Antenna for Residential Accessory Use. When a building permit is required for an antenna as specified in § 803.H-13.7, the applicant must submit with the application either:
(1) 
A commercial manufacturer's plan showing that the design of the structure and its foundation, guying provisions, if any and grounding are in accordance with sound engineering principles and are adequate for the antenna's wind loading cross-sectional area; or
(2) 
Plans sealed by a registered professional engineer which provide the above information.
2. 
Application for Building Permits. All applications for building permits shall be made to the local building inspector in writing on a form furnished by the municipality and shall be accompanied by a plot plan drawn accurately showing the exact size and location of any buildings or other structures existing on the lot in question or upon abutting land within 50 feet of the side and rear lines of such lot and the lines within which the proposed building or other structure shall be erected, altered, or enlarged. There shall in addition be included with all applications such other plans, documents, and information as may be necessary to enable the local building inspector to ascertain compliance with this Ordinance, the municipal building code, and all other pertinent ordinances.
3. 
Issuance of Building Permits. A building permit shall not be issued until the local building inspector has certified that the proposed building, structure, alteration or enlargement complies with the provisions of this Ordinance and other applicable codes and ordinances. A building permit for any new use or construction which will involve the onsite disposal of sewage or waste or a building 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 not be issued until a certificate of approval has been issued by the Bucks County Department of Health. Upon completion of the erection, alteration or enlargement of any building, structure or portion thereof, authorized by any building permit obtained in compliance with this Ordinance and prior to occupancy, the holder of such permit shall notify the local building inspector of such completion. Until the inspector completes his inspection and approval, the building will not be considered complete and the local zoning officer will not inspect for occupancy, as hereinafter provided. No building permit shall be issued for a single-family residential dwelling served by a well, unless the well is certified to produce six gallons per minute by the well driller.
D. 
Occupancy Permits.
1. 
Requirement of Occupancy Permits. It shall be unlawful for any person to occupy any building, farming unit, or other structure or land under any of the conditions listed below until an occupancy permit has been duly issued therefore. Occupancy permits shall be required prior to any of the following:
a. 
First occupancy of any building or other structure hereinafter erected, altered, or enlarged for which a building permit is required;
b. 
Change in use of any building or structure;
c. 
Change in occupancy of any building or structure in any commercial or industrial district; Change in use or expansion of a nonconforming use.
2. 
Application for Occupancy Permits. All applications for occupancy permits shall be made to the local zoning officer in writing on forms furnished by the municipality and shall include all information necessary to enable the local zoning officer to ascertain compliance with this Ordinance. When use of premises involves a new building or structure, application for a use permit then a building permit shall be made prior to application for an occupancy permit. When no construction or alteration is involved, application for a use permit and an occupancy permit may be made simultaneously at any time.
3. 
Issuance of Occupancy Permits. No land, or building or structure erected pursuant to obtaining a use permit and/or a building permit shall be occupied until inspected and certified as to compliance with all zoning, erosion and sedimentation control, final grading, construction, safety, and sanitary ordinances, codes, and regulations, and until an occupancy permit has been issued by the local zoning officer. Prior to, and as a condition of, the issuance of an occupancy permit for new residential construction, the local zoning officer shall require that all easements shown on the final subdivision plan for the property in question are recorded against the property.
4. 
Issuance of Temporary Occupancy Permits. A temporary use or occupancy permit may be granted for a period not to exceed 90 days prior to the completion of construction, provided that all structural work is completed, all permits relating to sewage and water have been obtained and filed with the municipality and all permit fees have been paid, and provided further that the person seeking the temporary use and occupancy permit posts with the municipality pursuant to an Escrow Agreement in a form satisfactory to the municipal solicitor, sufficient funds to complete the construction, grading, etc.
E. 
Use and Occupancy Permits for Mining Extraction.
1. 
Requirement for Such Permits. No extraction shall commence or continue on a site within a district in which the operation of a quarry is permitted unless a use and occupancy permit has been duly issued. Therefore, such permits shall be required prior to any of the following:
a. 
The removal or extraction of clay, rock, sand, or minerals;
b. 
The process of crushing or grading stone, sand, clay, or other materials;
c. 
The leaching of minerals from clay, rock, or sand;
d. 
The use of any portion of the site for truck loading and unloading of clay, rock, sand, or minerals; and
e. 
The stockpiling of stone, sand, clay, or other materials.
2. 
Application for Such Permits. All applications for such permits shall be made to the local zoning officer in writing to ascertain compliance with this Ordinance.
3. 
Issuance of Such Permits. No such permits shall be issued until the local zoning officer has received the following:
a. 
A copy of all reports and permits, except for financial and test bore data, as required by the Pennsylvania Surface Mining Act to be maintained and renewed by the Pennsylvania Department of Environmental Protection, Bureau of Surface Mine Reclamation on an annual basis. Such reports and permits shall have been submitted and/or issued within one year of the date of application for such a permit.
b. 
A contour plat, drawn to a scale of 100 feet to the inch and contour intervals of five feet, showing:
(1) 
The legal outbound as described in the deed and all adjacent tax parcels;
(2) 
The zoning district boundary lines;
(3) 
The existing excavation pit, if applicable, and proposed location and extent of the pit or lake;
(4) 
The location of all existing and proposed overburden;
(5) 
The location of all structures including all residences on adjacent parcels;
(6) 
All setback and yard requirements;
(7) 
All existing and proposed access points and internal circulation; and
(8) 
The reclamation plan as submitted to the Pennsylvania Department of Environmental Protection.
4. 
Annual Renewal of Such Permits and Fees.
a. 
All quarries, whether or not such quarries have been in operation prior to the adoption of this Ordinance, must renew the use and occupancy permits for mining extraction and pay an annual fee to the municipality before April 15th beginning with the year following the year in which a permit for the operation of a quarry has been secured.
b. 
The application for an annual permit shall be in accordance with subsection 1403.E.3 above.
c. 
Upon receiving such application the local engineer shall inspect the site to determine that the operation is in conformance with the Department of Environmental Protection, Bureau of Surface Mine Reclamation annual permit and reports, and the required setbacks and all other provisions of this Ordinance. The local engineer shall submit his written findings to the governing body. If the governing body finds that the application for an annual permit conforms with this Ordinance, an annual use and occupancy permit for mining extraction shall be issued. If the governing body finds that the application does not conform with the requirements of this Ordinance, the governing body shall authorize the local zoning officer to issue a cease and desist order as provided within this Ordinance until such violation is corrected.
F. 
Sign Permit - See Article XI of this Ordinance.
G. 
Demolition Permit.
1. 
Requirement for Demolition Permit. No building or other structure may be demolished without first securing a demolition permit. It shall be unlawful for any person to commence the demolition of any building, structure, or portion thereof until a permit has been duly issued therefore.
2. 
Application for Demolition Permit. An application for a demolition permit shall be made to the local zoning officer in writing on a form furnished by the municipality.
3. 
Issuance of Demolition Permit. The local zoning officer shall hold any application for a permit to demolish a building for a period not exceeding 30 days from the date of the application. During the thirty-day period, the applicant shall permit the municipality and/or its duly authorized historical commission and/or such consultants as are expects in the fields of architectural restoration, structural engineering, and like fields as the municipality or the historical commission sees fit, to enter and inspect the structure to be demolished to assess its historical significance. If the application is for a property which is found to be on the National Register of Historical Places or is found to be eligible for registration on the National Register of Historical Places, the application shall be held for an additional 60 days to permit time to investigate how the property may be preserved. If historically significant features are discovered, e.g. stairways, decorative trim paneling, beams, etc., during the period the application is held, the applicant shall cooperate with the municipality permitting these features to be removed for preservation before the building is demolished. When used in this Section, the word "demolish" or "demolition" shall mean to alter a structure by rendering it unfit for use to such an extent that repair is not feasible or is so costly as to be economically prohibited.
H. 
Permit for Disturbance of Natural Resource.
1. 
Requirement for Permit for Disturbance of Natural Resource. No person or entity shall disturb any natural resource protected by Article IX of this Ordinance without first securing a permit. Protected natural resources shall include, but are not limited to floodplains, floodplain soils, lakes, ponds, streams, wetlands, steep slopes and woodlands.
2. 
Application for Permit for Disturbance of Natural Resource. An application for a permit to disturb a natural resource shall be made to the local zoning officer on a form furnished by the municipality.
3. 
Issuance of Permit for Disturbance of Natural Resource. No such permit shall be issued until the local zoning officer has received such information as the zoning officer deems necessary and appropriate to demonstrate compliance with JMZO Article IX and compliance with regulations in the local Subdivision and Land Development Ordinance which govern the disturbance of and serve to protect natural resources.
4. 
In addition to the enforcement remedies provided in Article XVII of this Chapter, the property owner shall restore any protected resource which has been disturbed, and shall replace any protected resource which was removed in violation of Article IX of this Ordinance. Replacement of woodlands areas or trees removed in violation of Article IX of this Ordinance shall be made in accordance with the tree replacement requirements of the local Subdivision and Land Development Ordinance. When it is not possible to install all replacement trees on-site, replacement trees shall be planted on public ground at the direction of the Board of Supervisors. In the event a property owner feels restoration or replacement of the disturbed or removed resources is an inappropriate remedy, the property owner may request reconsideration of the remedy by the Board of Supervisors.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
A. 
A conditional use, special exception, or variance shall expire if the applicant fails to obtain a Use Permit within six months of the date of the granting of the conditional use, special exception, or variance; provided, however, that:
1. 
If the subject matter of the use ultimately constitutes either a subdivision or land development, the conditional use, special exception, or variance shall expire if the applicant fails to file the required subdivision or land development plan within six months of the granting of the conditional use, special exception, or variance; provided, however, that:
a. 
The applicant shall have six months after the final linen plans of the subdivision or land development are approved and recorded to obtain a Use Permit.
2. 
The governing body may grant one extension of time if the landowner or his agent requests such an extension, and if good cause for the extension is shown; provided, however, that the extension shall be for no more than one year.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
The fees for each permit shall be in accordance with the permit fee schedule adopted by resolution by the participating municipality where the permit application is made.