Hereafter, no land shall be used or occupied, and no building
or structure shall be erected, altered, demolished, used or occupied,
except in conformity with this chapter, and as it may be from time
to time amended.
The provisions of this chapter shall be administered by the
person or persons appointed by the Township Supervisors as the Zoning
Officer.
The Zoning Officer shall not hold any elective office in the
Township and shall meet qualifications established by the Township
and shall be able to demonstrate to the satisfaction of the Township
a working knowledge of municipal zoning. The Zoning Officer shall
administer this chapter in accordance with its literal terms, and
shall not have the power to permit any construction or any use or
change of use which does not conform to this chapter. The duties and
powers of the Zoning Officer shall be:
A.
To receive, review and make a determination on all applications for permits to build, alter, or use land, as well as applications for signs in accordance with Article XXI and to refer applications to the appropriate reviewing body for review and recommendation or determination when deemed advisable or required.
B.
To issue permits for the initial use of land, buildings, structures
and signs, changes in the use thereof, or the change in use or extension
of a nonconforming use.
C.
To issue permits for uses authorized by variance, special exception
and conditional use only upon written order and only after such uses
or buildings and structures permitted in conjunction therewith are
reviewed, ordered and approved by the Zoning Hearing Board or the
Board of Supervisors, as applicable, in accordance with the regulations
of this chapter or as directed by a court of competent jurisdiction,
subject to such conditions or stipulations contained in any such order.
D.
To conduct inspections or field surveys to determine compliance or
noncompliance with the terms of this chapter.
E.
To record and file all applications for permits and accompanying
plans and documents and keep them for public record. In addition,
keep an official record of all business and activities, including
complaints of a violation of any of the provisions of this chapter
and of the subsequent action taken on each such complaint.
G.
To institute civil enforcement proceedings in accordance with § 162-2306, as a means of enforcement when acting within the scope of employment.
H.
To make an initial determination of whether the property is within
the Flood Hazard District.
J.
Upon the request of the Board of Supervisors, Planning Commission,
or the Zoning Hearing Board, to present such bodies facts, records
and any similar information on specific requests to assist such bodies
in reaching decisions.
K.
Any other related duties which may be required from time to time
by the Board of Supervisors.
A.
Zoning permits. A zoning permit shall be required prior to the initial use of land or structure, change in the use thereof, or the change in use or expansion by special exception of a nonconforming use, as well as any change of use or development within the Flood Hazard District in accordance with § 162-1608. It shall be unlawful for any person to use land or a structure or change the use thereof without a zoning permit duly issued therefor.
B.
Application for zoning permits. All applications for zoning permits
shall be filed in triplicate and on forms furnished by the Township
and shall be accompanied by detailed plans, drawings, specifications,
and other such information deemed necessary by the Zoning Officer
to ascertain compliance of this chapter.
C.
Sign permits. A sign permit shall be required as per § 162-2108. It shall be unlawful for any person to commence work for the erection of, or alteration of, or enlargement of any sign, sign structure or portion thereof, until a permit has been duly issued therefor; except as may be allowed in § 162-2108B.
D.
Issuance of zoning and sign permits. It shall be the duty of the
Zoning Officer to either issue or deny issuance of a zoning or sign
permit within 15 working days of the filing of a completed application
and payment of prescribed fees. The Zoning Officer shall issue a permit
only upon his determination that the application is in compliance
with the terms of this chapter. Zoning and sign permits need not be
displayed but should be maintained on the premises.
All activities related to building inspection and the issuing
of permits for construction and occupancy shall be in accordance with
the Township Building Code (Uniform Construction Code) adopted in
2004, as amended,[1] and the Pennsylvania Construction Code Act, Act 45 of
1999 (35 P.S. §§ 7210.101 through 7210.1103), as amended.
This chapter shall be enforced by the Zoning Officer. If it
appears to the Zoning Officer that a violation of this chapter has
occurred, the Zoning Officer shall initiate enforcement proceedings
by sending an enforcement notice as provided in this section and Section
616.1 of the MPC, as amended.[1] 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. An enforcement notice shall state at least the following:
A.
The name of the owner of record and any other person against whom
the Township intends to take action.
B.
The location of the property in violation.
C.
The specific violation with a description of the requirements which
have not been met, citing in each instance the applicable provision
of this chapter.
D.
The date before which the steps for compliance must be commenced
and the date before which the steps must be completed.
E.
That the recipient of the notice has the right to appeal to the Zoning
Hearing Board within 30 days in accordance with procedures set forth
in this chapter.
F.
That failure to comply with the notice within 30 days, unless extended
by appeal to the Zoning Hearing Board, constitutes a violation, with
possible sanctions clearly described.
[1]
Editor's Note: See 53 P.S. § 10616.1.
A.
The Board of Supervisors shall establish by resolution a schedule
of fees, charges and expenses for zoning permits, appeals to the Zoning
Hearing Board, curative amendment hearings and other matters pertaining
to the administration of this chapter.
B.
Said schedule of fees shall be available from the Township Secretary/Treasurer
and Zoning Officer and application for permits or hearing shall be
considered incomplete until payment in accordance therewith has been
made.
A.
Application and plan content. An application for conditional use
approval shall be accompanied by a proposed plan and shall be in accordance
with the following requirements:
(1)
Application. Application for conditional use shall be filed
with the Township on such forms prescribed for that purpose, and shall
include the application form, required filing fee, and the following
information:
(a)
Name and address of the applicant.
(b)
Name and address of the owner of the tract to be affected by
the proposed conditional use application.
(c)
Description and location of the tract on which the conditional
use is proposed.
(d)
Statement of the present zoning classification, present land
use, and existing improvements for the tract in question.
(e)
Statement of the section of this chapter authorizing the proposed
conditional use.
(f)
Description of the proposed use and site improvements.
(g)
Any other information that the Township deems necessary.
(2)
Plan content. The application for conditional use shall be accompanied
by a proposed site plan to include the following information:
(a)
Site plan drawn to a scale of one inch equals 50 feet with North
point and date of plan preparation.
(b)
Approximate tract boundaries.
(c)
Location of tract by indicating nearest roadway intersection
and zoning district.
(d)
Dimensional features showing compliance with the applicable
area, width, coverage, yard, and design standards as specified in
this chapter.
(e)
Existing and proposed streets on and adjacent to the tract,
properly identified.
(f)
Existing topographical and physical features on and adjacent
to the site such as structures, historic resources, easements, soils,
floodplains, wetlands, watercourses, and woodlands.
(g)
In the case of a subdivision, proposed general lot layout.
(h)
In the case of a land development, proposed general layout of
the development, including locations of structures, parking lots,
and open spaces.
(i)
Proposed method of water supply, sewage treatment, and stormwater
management. Feasibility of water supply, sanitary sewage disposal,
and storm drainage control should be demonstrated but need not be
fully engineered.
(k)
If requested by the Board, a market analysis shall be submitted.
If such an analysis is requested, it shall contain information indicating
the likelihood of the proposed conditional use meeting with market
support and shall contain the following information:
[1]
Uses evaluated. A description of the land uses
evaluated as a part of the market analysis including the nature of
the proposed uses in terms of the intended attraction of the proposed
use to neighborhood, community, and/or regional populations and markets.
[2]
Identification of competition. Existing and approved
developments that are likely to be in competition with the proposed
use shall be identified. The analyst selected to perform the market
study shall determine the area within which existing developments
are likely to compete with the proposed use.
[3]
Analysis. Dependent upon type of use proposed,
the market analysis shall include an identification of the trade area
to be served, where relevant the supportability of floor areas to
be devoted to specific use(s), a computation of existing floor areas
of a nature similar to the use proposed, and a determination of the
net supportable floor area within the trade area or study area defined.
[4]
Conclusions. The analyst shall proffer an opinion
regarding the likelihood of the proposed use meeting with market support.
Included in the conclusions shall be a statement regarding the appropriate
time frame to consider construction of the development and scheduling
of the development. Additionally, the types of tenants (if a leased
project) which are likely to meet with market support in the development
shall be identified.
(3)
In addition to the above information, conditional use applications for the Open Space Design Option shall include sufficient information for determining compliance with Article XVIII and conditional use applications for other proposed conditional uses shall include sufficient information for determining compliance with the applicable regulations in Article XX.
B.
Procedure.
(1)
A conditional use application shall be filed with the Township
Secretary/Treasurer on such forms as may be prescribed by the Board
of Supervisors, accompanied by the required fee.
(2)
The Board of Supervisors shall schedule and hold a public hearing
pursuant to public notice on the application within 60 days from the
date of receipt of the applicant's application, unless the applicant
waives or extends the time limitation.
(3)
The hearing shall be conducted by the Board or the Board may
appoint any member or independent attorney as a hearing officer.
(4)
At least 30 days prior to the date of hearing, a copy of the
application and supporting material shall be furnished to the Township
Planning Commission and any other agencies or consultants deemed appropriate
by the Board of Supervisors, together with a request that such agencies
submit recommendations regarding the proposed conditional use.
(5)
The decision or, where no decision is called for, the findings
shall be made by the Board. However, the appellant or the applicant,
as the case may be, in addition to the Township may, prior to the
decision of the hearing, waive decision or findings by the Board and
accept the decision or findings of the hearing officer as final.
(6)
In granting a conditional use, the Board of Supervisors may
attach such reasonable conditions and safeguards, in addition to those
expressed in this chapter, as they may deem necessary to implement
the purposes of the Pennsylvania Municipalities Planning Code[1] and this chapter.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(7)
The Board of Supervisors shall render a written decision or,
when no decision is called for, make written findings on the conditional
use application within 45 days after the last hearing before the Board
of Supervisors. Where the application is contested or denied, each
decision shall be accompanied by findings of fact or conclusions of
law based thereon together with any reasons therefore. Conclusions
based on any provisions of the Pennsylvania Municipalities Planning
Code or of any ordinance, rule or regulation shall contain a reference
to that provision relied on and the reasons why the conclusion is
deemed appropriate in light of the facts found.
(8)
Where the Board of Supervisors fails to render the decision within the period required by this section or fails to commence, conduct or complete the required hearing as provided in § 162-2308 of this chapter or Section 908(1.2) of the Pennsylvania Municipalities Planning Code,[2] the decisions shall be deemed to have been rendered in
favor of the applicant unless the applicant has agreed in writing
or on the record to an extension of time. When a decision has been
rendered in favor of the applicant because of the failure of the Board
of Supervisors to meet or render a decision as hereinabove provided,
the Board of Supervisors shall give public notice of the decision
within 10 days from the last day it could have met to render a decision
in the same manner as required by the public notice requirements of
the Pennsylvania Municipalities Planning Code. If the Board of Supervisors
shall fail to provide such notice, the applicant may do so.
[2]
Editor's Note: See 53 P.S. § 10908(1.2).
(9)
Nothing in this section shall prejudice the right of any party
opposing the application to appeal the decision to a court of competent
jurisdiction. A copy of the final decision or, where no decision is
called for, of the findings shall be delivered to the applicant personally
or mailed no later than the day following its date.
C.
Conditions for approval. In reviewing an application for conditional
use, the Board of Supervisors shall evaluate the degree of compliance
with the following conditions:
(1)
The proposed use is consistent with the purpose of the zoning district in which it is permitted, the overall purpose for zoning as described in Article I of this chapter, and the policies of the Pennsbury Township Comprehensive Plan.
(2)
The proposed use is capable of satisfying the applicable provisions and requirements of Chapter 138, Subdivision and Land Development, and other applicable ordinances, codes, and/or regulations.
(3)
The proposed use is limited to those authorized as conditional
uses within the zoning district in which the lot or tract is located.
(4)
The proposed use and construction is located in an area for
which site conditions are suited.
(5)
The proposed use is compatible with land uses on adjacent properties,
including historic resources, and will be designed, constructed, and
maintained in a manner which complements the appearance and character
of the neighborhood.
(6)
If containing more than one building, the use consists of a
harmonious grouping of buildings or other structures.
(7)
The proposed use serves the health, safety, and general welfare
of the Township.
(8)
The proposed use is consistent with, and will have no adverse
effect upon, the logical extension of public services and utilities,
such as public water, public sewer, police, fire protection, recreational
opportunities, open space, and public schools.
(9)
The proposed use reflects an environmentally sensitive approach to land planning and design, will be sited in a manner sensitive to existing site conditions including streams, vegetation, and other natural resources, and is consistent with Article XV.
(10)
The proposed use provides safe and adequate access to roads,
of the lowest functional classification where possible, existing or
proposed, and will not result in excessive traffic volumes, and will
make improvements needed to create compatibility with adjacent streets
and public services.
(11)
The interior traffic circulation for the proposed use provides
safe and convenient circulation for all users including vehicular
and pedestrian modes of traffic and the plan addresses emergency design
considerations.
(12)
Evidence of adequate water supply and sewage disposal capability for the proposed use is provided. The tract of land shall be served by a water supply system and a sewage system deemed acceptable by the Board of Supervisors, upon recommendation of the Township Engineer. Such facilities shall be designed and constructed in compliance with Chapter 138, Subdivision and Land Development, and the Pennsbury Township Sewage Facilities Plan.
(13)
The proposed use will be developed using best stormwater management practices and soil erosion and sedimentation control techniques consistent with the requirements of Chapter 138, Subdivision and Land Development, Township stormwater management regulations, and other applicable codes and ordinances.
(14)
The development of a tract carried out in either a single phase
or in stages shall be executed in accordance with a development agreement.
The owner, developer, and Township shall enter into said agreement
embodying all details regarding compliance with this chapter to assure
the binding nature thereof on the overall tract and its development,
which agreement shall be recorded with the final development plan.
(15)
Review of proposed conditional uses shall take into consideration the applicable requirements of Article XIX and Article XX in determining the consistency of the proposed plan with the intent of this chapter. Conditional use applications for the Open Space Design Option shall specifically take into consideration the requirements of Article XVIII.
(16)
The language, terms and conditions of any proposed covenants
or restrictions shall be subject to review and recommendation by the
Township Solicitor.
(17)
The Board of Supervisors may impose such conditions of approval,
in addition to those required above, as may be necessary to ensure
compliance with any or all of the above standards as well as compliance
with any other relevant ordinances, regulations and codes. The applicant
shall be responsible for demonstrating compliance with the additional
standards and criteria required for conditional use approval.
D.
Expiration of conditional use. Any grant of a conditional use approval
shall be deemed null and void six months after the date of such approval,
if within that period, no application is made for a building permit,
a use and occupancy permit, a subdivision or land development approval,
as appropriate, unless the Board of Supervisors shall grant an extension
upon application for an additional six-month period. Applicable fees
for such extension shall be stated in the fee scheduled adopted by
resolution by the Board of Supervisors.
E.
Change or expansion of conditional use. Any change, expansion or
enlargement of a use approved or permitted by conditional use shall
require a new conditional use application and approval.
