[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.
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.
