The Borough Secretary shall be considered the "lead official" of the Borough for receiving applications under this chapter and coordinating the notification of the agencies and officials involved in the review and approval process. The agencies include, but are not limited to, Borough Council, Borough Solicitor, Borough Engineer, Planning Commission, Zoning Officer, Zoning Hearing Board, and the Bucks County Planning Commission.
[1]
Editor's Note: This article was amended 6-12-2013 by Ord. No. 2013-03 to repeal "inconsistent parts … with respect to the fees, expenses or costs only permitted or outlined" herein and to provide that "sections, parts or subsections authorizing or permitting the charging of fees, expenses or costs" herein are amended to "permit changes in said fees, expenses or costs by resolution at any time by the Langhorne Borough Council."
A.
Maintain a record of all applications received, noting the name of the applicant or firm, the date of receipt, payment of all applicable fees and costs, and the type of application received.
B.
Refer applications to Borough officials as follows:
(1)
Applications for zoning permits. Refer to Zoning Officer, with copy to Planning Commission.
(2)
Applications for conditional use permits, Zoning changes and curative amendments. Immediately refer to the Planning Commission and Borough Solicitor. Place on agenda for the next Borough Council meeting. Zoning changes and curative amendments shall also be sent to the Bucks County Planning Commission for review and comment.
(3)
Applications for variances, special exceptions, appeals, and interpretations. Refer to the Zoning Hearing Board, with copies to Borough Solicitor, Zoning Officer, and Planning Commission.
(4)
Applications for subdivision or land development. Refer to the Bucks County Planning Commission, with copies to Borough Council, Borough Planning Commission, Borough Engineer, and Borough Solicitor.
C.
Coordinate all applications with Zoning Officer.
A.
Assist the Borough Secretary and prospective applicants in the classification and routing of applications.
B.
Receive, examine, and process applications for zoning permits.
C.
Issue permits in compliance with this chapter, other Borough ordinances, and the laws of the commonwealth. Permits for construction or activities which require the approval of Borough Council, Zoning Hearing Board, or Historic Architectural Review Board shall not be issued until each applicable approval is received.
D.
Conduct inspections and surveys to determine compliance or noncompliance with the terms of this chapter.
E.
Issue stop orders and cease and desist orders. Order in writing the correction of conditions found to be in violation of the provisions of this chapter. Orders shall be served personally or by certified mail upon persons, firms, or corporations violating the terms of this chapter. It shall be unlawful for any person to violate any order issued by the Zoning Officer and any person violating an order shall be subject to the provisions of Article XIII. All orders not appealed within 30 days shall be final.
F.
With the approval or under direction of Borough Council, institute in the name of the Borough any appropriate action or proceedings: to prevent the unlawful erection, construction, maintenance, deterioration, demolition, or use of any building or structure; to restrain, correct, or abate violations 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 premises.
G.
Revoke any order or zoning permit issued under a misrepresentation of fact, a mistake of fact, or contrary to law or to this chapter.
H.
Record and file all applications for zoning permits with accompanying plans and documents. All plans, applications, and documents shall be a public record.
I.
Create and maintain the files required and necessary to carry out duties and maintain records of actions and decisions.
J.
Maintain a map or maps showing the current zoning classification of all land in the Borough.
K.
Register, when applicable, nonconforming structures, uses, or lots in accordance with the provisions of § 450-909.
L.
Upon the request of Borough Council, Zoning Hearing Board, or Planning Commission, present facts, records, or reports which they may request to assist them in making decisions.
A.
Upon the request of Borough Council, carry out the powers and duties granted the Planning Commission in Section 209.1 of the Pennsylvania Municipalities Planning Code,[1] including:
(1)
Preparing the Comprehensive Plan.
(2)
Preparing the Zoning Ordinance.
(3)
Preparing the Building Code.
(4)
Proposing amendments to various Borough codes, ordinances, and regulations.
(5)
Making recommendations to Borough Council relating to development proposals within 45 days of application.
(6)
Making recommendations to the Zoning Officer and Zoning Hearing Board regarding applications before them.
(7)
Conducting open and public meetings.
(8)
Maintaining records of actions taken.
B.
Carry out other duties as directed by Borough Council.
[Amended 6-8-2005 by Ord. No. 2005-05; 2-8-2017 by Ord. No. 2017-02]
A.
Zoning permits:
(1)
No use may be established, altered, enlarged, extended or changed; no structure shall be erected, constructed, reconstructed, altered, razed, removed; no paving in front or side yards and no paving in rear yards in excess of 1,000 square feet shall be laid; and no building shall be used, 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 Zoning Officer of the completion. No permit shall be considered complete or permanently effective until the Zoning Officer has noted on the permit that the work or occupancy and use have been inspected and approved.
(2)
All structures, for which permits have been obtained and the construction has 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 the permit was granted.
B.
Stormwater management permit.
(1)
No use may be established, altered, enlarged, extended or changed; no structure shall be erected, constructed; no paving shall be laid; and no earth shall be disturbed, until a stormwater management application has been reviewed by the Zoning Officer and, if applicable, a permit has been secured from the Borough Engineer, pursuant to the procedures set forth in Chapter 366, Stormwater Management, Part 1.
(2)
A review of the applicability of the Pennsylvania Storm Water Management Act, as amended by Act 63 of May 24, 1984,[1] the Stormwater Management Guidelines adopted by the General Assembly, the Lower Neshaminy Creek Watershed Conservation Plan, and the Delaware River South Designated Watershed Stormwater Management Plan, approved on August 11, 2004, and to all subsequent changes to these documents, as amended from time to time.
C.
Floodplain review.
(1)
No use may be established, altered, enlarged, extended or changed; no structure shall be erected, constructed; no paving shall be laid; and no earth shall be disturbed, until the Zoning Officer has made a determination that the proposed building or structure complies with Chapter 203, Floodplain Management.
(2)
A review of the applicability of the Pennsylvania Storm Water Management Act, as amended by Act 63 of May 24, 1984,[2] the Stormwater Management Guidelines adopted by the General Assembly, the Lower Neshaminy Creek Watershed Conservation Plan, and the Delaware River South Designated Watershed Stormwater Management Plan, approved on August 11, 2004, and to all subsequent changes to these documents, as amended from time to time.
D.
Transmission towers review.
(1)
No tower or antenna may be constructed, altered, enlarged, extended or changed until a zoning permit has been secured from the Zoning Officer.
(2)
Certificate of compliance. No tower or antenna shall be activated or used until a certificate of compliance has been issued by the Zoning Officer.
(3)
Review permit. No tower or antenna shall be used or maintained for a period in excess of three years unless a review permit has been issued by the Zoning Officer.
E.
Building and zoning permits and approvals.
(1)
A zoning permit and building permit is required for the construction or erection of a building; the alteration of a building or portion thereof; the use or change in use of a building or land; or any adjustments to a nonconforming use.
(2)
Permit fees shall be as stipulated in the fee schedule adopted by resolution of the Borough in effect at the time of application.
(3)
Permits may be denied if the application, in the reasonable opinion of the Borough, fails to comply with any federal, state, county or Borough law, ordinance or regulation.
(5)
If the application is to change the use of a building, or to demonstrate allocation of space within a structure, the applicant shall provide architectural drawings prepared by an architect registered in the Commonwealth of Pennsylvania.
(6)
A medical marijuana grower/processor or medical marijuana dispensary must be legally registered in the Commonwealth of Pennsylvania and possess a current valid medical marijuana permit from the DOH.
[Amended 6-8-2005 by Ord. No. 2005-05]
A.
Applications for zoning permits may be made on the same form which is used for applications for building permits, or if there is no construction involved, in the form of a letter or petition.
B.
If an application requires the prior approval of Borough Council or the Zoning Hearing Board, a separate letter or petition must be prepared in accordance with § 450-1005C or 450-1107, meet the requirements of the Zoning Officer and Building Inspector, and be attached to the application for a zoning permit.
C.
Applications for new construction (other than single-family detached residential) and for building additions larger than 500 square feet shall include the following data:
(1)
A written statement including:
(a)
An identification of the proposed use of each building, structure, lot, or parcel of land;
(b)
A description of methods to be employed in controlling noise, air pollution, smoke, fumes, water pollution, fire hazards, or other safety and environmental hazards;
(c)
In the case of applications for interpretation, variances, and special exceptions, the additional information specified in Article XI; and
(d)
Any other data deemed necessary by the Zoning Officer, Planning Commission or Borough Council to enable them to determine the compliance of the proposed development with the terms of this chapter.
(2)
A site plan drawn at a scale not to exceed one inch equal to 50 feet showing:
(a)
The location, dimensions, and height of proposed buildings, structures, 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, the plans shall show the relationship of the portion scheduled for initial development to the proposed layout of the entire property;
(b)
Architectural plans, elevations, and sections of the structures and related improvements;
(c)
A statement prepared by a qualified registered architect or engineer providing an explanation of methods to be used in overcoming foundation and other structural problems created by slope conditions, in preserving the natural watersheds, and in preventing soil erosion;
(d)
A plan submitted under the seal of a registered professional engineer showing and certifying the following:
[1]
All existing and proposed natural and artificial drainage courses and other features for the control of stormwater and soil erosion.
[2]
The calculated volume of water run-off from the slopes and from the lot in question, as unimproved;
[3]
The calculated volume of water run-off from the slopes and from the lot in question, as improved;
[4]
The existence, location, and capacity of all natural and artificial drainage courses and facilities within 500 feet of the lot, which are or will be used to carry or contain the water run-off from the slopes and the lot; and
[5]
The effect of any increased water run-off on all adjacent properties and any other property which will be materially affected by increased water run-off.
(e)
The location, dimensions, arrangement and capacity of all open spaces and yards and buffer yards, including methods to be employed for screening;
(f)
The location, size, arrangement, and capacity of all areas to be used for motor vehicle access, off-street parking and exterior lighting;
(g)
The dimensions, location and methods of illumination for signs;
(h)
The location, contour lines at two foot intervals, and acreage of the following natural resources found on the site before and after construction: alluvial soils, floodplains, wooded areas, large trees, forests, steep slopes, wetlands, wetland margins, streams, marshes, open waterways, lakes, ponds, and shorelines.
(i)
A landscape plan showing the location and dimensions of existing and proposed sidewalks, walls, fences, ground covers, and all areas devoted to pedestrian or vehicular use;
(j)
The capacity and arrangement of all buildings used or intended to be used for dwelling purposes, including the impervious surface ratio and the proposed density in terms of number of dwelling units per acre of land;
(k)
Provisions made for water supply, treatment and disposal of sewage and wastes, and storm drainage;
(l)
The location, size, and species of all existing shrubs and trees indicating which will be saved and which removed, the tree protection zones, the method by which protection shall occur, and proposed replanting by location and species.
D.
During a sixty-day period before the passage of an ordinance which proposes a change in regulations, district boundaries, or classifications of property, unless Borough Council shall have acted on the ordinance within the sixty-day period, the Zoning Officer shall accept no application for permits within the area involved in the change for any structure or use which would be forbidden in the proposed ordinance.
E.
No zoning permit for any new use or construction which involve the on-site disposal of sewage or waste, and no zoning permit for a change in use or alteration which will result in an increased volume of waste to be disposed of on site, shall be issued unless a permit and certificate of approval has been issued by the Bucks County Department of Health.
F.
Require proof of compliance with the best management practices (BMPs) required in the Pennsylvania Storm Water Management Act, as amended by Act 63 of May 24, 1984,[1] the Stormwater Management Guidelines adopted by the General Assembly, the Lower Neshaminy Creek Watershed Conservation Plan, and the Delaware River South Designated Watershed Stormwater Management Plan, approved on August 11, 2004, and to all subsequent changes to these documents, as amended from time to time.
(1)
Any provision or requirement of this chapter which equals or exceed the requirements of the Act or the Plans shall continue in full force and effect until such time as such provisions or requirements fail to equal or exceed the minimum requirements of the Act and the Plans, as amended from time to time.
(2)
Any provision or requirement of this chapter which are less than the minimum requirements of the Act and the Plans are hereby amended to conform to the comparable provisions of the Act and the Plans or stricter requirements of other codes and ordinances.
Any erection, construction, reconstruction, alteration, razing, demolition, or moving of a building, sign, or other structure authorized by a zoning permit and any change in use of a building or land authorized by a zoning permit shall be commenced within one year after issuance of the permit. Thereafter, the permit shall be null and void. In the case of construction of a building, the right to continue with construction may be extended annually without payment of additional fees for an aggregate period not to exceed three years, provided that construction began within one year following issuance of the permit.
Zoning permits, not requiring the approval of Borough Council, the Zoning Hearing Board, or the Historic Architectural Review Board, shall be granted or denied within 30 days after the date of application. No permit shall be issued until the Zoning Officer has determined that the proposed land use, building or alteration complies with the provisions of this chapter. In case of denial, the applicant shall be informed of the right of appeal to the Zoning Hearing Board. Upon completion of the erection or alteration of any building 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 completion. Occupancy shall not be authorized until the Zoning Officer, Fire Marshal, and Building Inspector have 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 in § 450-1008. All applications and accompanying plans and documents shall be a public record.
A certificate of occupancy shall be required prior to occupancy or use of any building, structure, or land under the following circumstances:
A.
Any change in occupancy by deed, lease or other agreement.
B.
Any use of any building, structure or use or portion thereof hereafter erected or altered.
C.
Any change in use of an existing building, structure or use or portion thereof to a use of a different classification.
D.
Occupancy and use of vacant land.
E.
Any change in the use of land to a use of a different classification.
F.
Any change in ownership, use or extension of a nonconforming use, building, structure, or sign.
G.
Apartments, hotels, motel, bed-and-breakfast inns, schools, institutions, group homes, care facilities, child-care centers, and all other nonresidential uses shall be open and available, upon request, for periodic inspection by the Zoning Officer, Building Inspector and/or Fire Marshal.
A.
A certificate of occupancy shall be granted or denied within days after the Zoning Officer, Building Inspector, and Fire Marshal have been notified of and inspected the completion of the authorized construction or alteration, or, where no construction or alteration is involved, within ten days after receipt of written application and inspection therefore.
B.
Upon written request from the owner, the Zoning Officer, Building Inspector, and Fire Marshal shall grant or deny a certificate of occupancy for any building or land certifying, after inspection, the extent and kind of use or disposition of the buildings or land, and whether such use or disposition conforms with the provisions of this chapter.
C.
Pending completion of a building or of alterations thereto, a temporary certificate of occupancy may be issued by the Zoning Officer, Building Inspector, and Fire Marshal 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.
D.
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, land, or premises.
Fees for permits and applications shall be paid in accordance with the provisions of a fee schedule adopted by Borough Council. Each applicant shall, at the time of making application, pay a fee in accordance with a fee schedule adopted by resolution of 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, copying, administrative, professional, stenographic, and similar expenses. Payment of all costs and fees must be made in full before an application will be processed or a permit will be issued.
Borough Council may grant or deny conditional uses, after reviewing recommendations of the Planning Commission, pursuant to standards set forth in this section and Articles IV and V.
A.
General conditions. Borough Council shall:
(1)
Determine that access to the site is safe and may refuse to permit a conditional use where the access is unsafe due to traffic flow or volume or where insufficient distance between a curb cut and a street intersection is provided, or may require combining of access with an adjoining land use or off-site traffic improvements where a hazardous condition would otherwise be created.
(2)
Require that the proposed use be made compatible with surrounding existing uses. Impose conditions requiring planting of shade trees, evergreen buffers, and planted berms to create a buffer beyond the normal requirements of this chapter.
(3)
Impose conditions on lighting and signs to insure that glare does not disrupt residential areas, distract motorists, or intrude in the background.
B.
General findings. The Council shall make findings on all of the following:
(1)
Appropriateness of the proposal to the tract in question and any disruption or destruction of the character of residential neighborhoods;
(2)
Adequacy of the proposal's provisions for access to public roads, without creating hazardous conditions and undue congestion; and
(3)
Conformity with all applicable requirements of this chapter and consistency with the spirit, purposes, and intent of the Borough of Langhorne Comprehensive Plan, most recent edition, and other Borough ordinances.
The Zoning Officer or Building Inspector may revoke a permit or approval issued under the provisions of this chapter and any other applicable Borough ordinance in case of any false statement or misrepresentation of fact in the application, on the plans, during construction, or for any other reason set forth in this chapter, other Borough ordinances, state codes, or by law, on which the permit or approval was based. The Pennsylvania Criminal Code[1] provides penalties for providing false information to a municipal employee in the carrying out of duties.