The provisions of this chapter shall be administered and enforced
by the Zoning Officer who shall be appointed by Council. It shall
be the duty of the Zoning Officer and he/she shall have the power
to:
A.
Receive
and examine all applications for building permits.
B.
Issue
permits or certificates only where there is compliance with the provisions
of this chapter, with other Township ordinances, and with the laws
of the commonwealth and the federal government. Permits for construction
of uses requiring a special exception or variance shall be issued
only upon order of the Zoning Hearing Board. Permits for uses requiring
subdivision or land development approval by Council shall be issued
only after receipt of that approval is given from and linens signed
by Council.
C.
Record
and file all applications for building permits with accompanying plans
and documents. All applications, plans and documents shall be a public
record.
D.
Make reports
as Council may specify.
E.
Receive
applications for special exceptions and variances and forward these
applications and all pertinent information to the Zoning Hearing Board
for action thereon.
F.
Receive
applications for conditional uses, curative amendments and zoning
changes, forwarding requests and all pertinent information to Council,
the Planning Commission, and other appropriate agencies.
G.
Following
refusal of a permit, to receive applications for interpretation appeals
and variances. These applications and all pertinent information will
then be forwarded to the Zoning Hearing Board for action thereon.
H.
Conduct
inspections to determine compliance or noncompliance with the terms
of this chapter.
J.
With the
approval of Council, or when directed by them, institute any appropriate
action or proceedings to prevent unlawful erection, construction,
reconstruction, alteration, repair, conversion, maintenance or use;
to restrain, correct or abate such violation, so as to prevent the
occupancy of or use of any building, structure, or land; or to prevent
any illegal act, conduct, business, or use in or about such premises.
K.
Revoke
any order or building permit issued under a mistake of fact or contrary
to the law or the provisions of this chapter.
L.
Maintain
a map or maps showing the current zoning classification of all land
in the Township.
[Amended 10-20-2022 by Ord. No. 2022-14]
Hereafter, no use listed in § 205-15 or 205-16 may be established or changed, no structure shall be erected, constructed, reconstructed, altered, added to, razed or removed, and no building used or occupied, or changed in use, until all necessary permits have been secured from the Zoning Officer. Upon completion of changes in use or construction, reconstruction, alteration or moving of structures, the applicant shall notify the Zoning Officer of such completion. No permit shall be considered as complete or as permanently effective until the Zoning Officer has noted on the permit that the work or occupancy and use have been inspected and approved as being in conformity with the provisions of this chapter. Only one single principal use per building is allowed.
A.
All applications
for building permits shall be made in writing by the owner, tenant,
vendee under contract of sale, or authorized agent on a form supplied
by the Township, shall be filed with the Zoning Officer, and shall
include all information necessary to enable the Zoning Officer to
ascertain compliance. The Zoning Officer may require any of the following
information be provided with the application:
(1)
A
statement as to the proposed use of the building or land.
(2)
A
site layout drawn to scale showing the location, dimensions, and height
of proposed buildings, structures, or uses and any existing buildings
in relation to property lines and street lines. If the application
relates to property scheduled to be developed in successive stages,
such plans shall show the relationship of the portion scheduled for
initial development to the proposed layout of the entire property.
(3)
The
location, dimensions, and arrangements of all open spaces, yards and
buffer yards, including methods to be employed for screening.
(4)
The
site layout shall indicate all existing trees which are to be saved,
the tree protection zone boundary, and the method by which tree protection
will occur.
(5)
The
location, size, arrangement and capacity of all areas to be used for
motor vehicle access, off-street parking, off-street loading and unloading,
and provisions to be made for lighting such areas.
(6)
For signs, the information specified in § 205-169A(3) of this chapter shall be provided.
(7)
The
location and dimensions of sidewalks and all other areas to be devoted
to pedestrian use.
(8)
Provisions
to be made for treatment and disposal of sewage and industrial wastes,
water supply, and stormwater management.
(9)
The
capacity and arrangement of all buildings used or intended to be used
for dwelling purposes, including the proposed density in terms of
number of dwelling units per acre of land.
(10)
A description of any proposed industrial or commercial operations
in sufficient detail to indicate effects of those operations in produing
noise, glare, air pollution, water pollution, fire hazards, traffic
congestion, or other safety hazards.
(11)
Description of methods to be employed in controlling any excess noise,
glare, pollution, smoke fumes, water pollution, fire hazards, traffic
congestion, or other safety hazards.
(12)
Wherever the topography and vegetation are to be disturbed, a plan
for the control of erosion, sedimentation, and grading.
(13)
Any other data deemed necessary by the Zoning Officer, Planning Commission
or Council to enable them to determine the compliance of the proposed
development with the terms of this chapter.
B.
No permit
for any new use or construction which will involve the on-site disposal
of sewage or waste, and no permit for a change in use or an alteration
which will result in an increased volume of sewage or waste to be
disposed of on the site, shall be issued until approval has been granted
by the Bucks County Department of Health.
C.
No permit
for any new use or construction which will use public sewage facilities,
and no permit for a change in use or an alteration which will result
in an increased volume of sewage, shall be used until approval of
the connection has been granted by the servicing authority.
Any erection, construction, reconstruction, alteration or moving
of a building or other structure, including a sign, authorized by
a building permit shall be commenced, and any change in use of a building
or land authorized by a building permit shall be undertaken, within
six months after the date of issuance of the permit. If not, the permit
shall be considered null and void. However, in case of erection or
construction of a building, the right to proceed with construction
may be extended annually without additional fees for an aggregate
period of not more than three years, provided that the construction
pursuant to said permit has commenced within the first one-year period.
Hereafter, no structure erected, constructed, reconstructed,
extended or moved, and no land or building changed in use under a
building permit, shall be occupied or used in whole or in part for
any use whatsoever, until the owner or authorized agent has been issued
a certificate of occupancy by the Zoning Officer, indicating that
the building or use complies with the terms of zoning as provided
in this chapter.
A.
For businesses that are open to the public, a certificate of occupancy shall be obtained from the Pennsylvania Department of Labor and Industry in accordance with the Pennsylvania Code, Title 34, Chapters 49 to 59, before the Zoning Officer issues a certificate of occupancy.
B.
No certificate
shall be issued until the premises in question has been inspected
and found by the Zoning Officer to be in compliance with this chapter.
No fee shall be charged for a certificate of occupancy. The issuance
of a certificate of occupancy in no way absolves the owner or authorized
agent from compliance with the intent of this chapter.
C.
All applications
for certificates of occupancy shall be made, in writing, by the owner
or authorized agent on a form supplied by the Zoning Officer at the
time of application for a building permit.
D.
A certificate
of occupancy shall become void 90 days from the date of issuance unless
occupancy, use or change of use is commenced.
All applicants for all permits shall, at the time of making
application, pay to the Zoning Officer for the use of the Township
a fee in accordance with the fee schedule adopted by resolution of
Council upon the enactment of this chapter or as such schedule may
be amended by resolution of Council.
The Planning Commission shall review applications referred to it under § 205-178 for conditional uses, curative amendments and zoning changes, and applications for subdivisions and land developments pursuant to Chapter 177, Subdivision and Land Development. In reviewing applications under § 205-178, the Planning Commission shall follow the same procedure employed in reviewing subdivision and land development plans. The Planning Commission shall submit its recommendations and findings to Council within 45 days of receipt of the application from the Zoning Officer. Should the Planning Commission fail to submit a report and recommendations to Council within 45 days from receipt of the application from the Zoning Officer, the application shall be deemed acceptable to the Planning Commission.
Council shall have exclusive jurisdiction to hear and render
final adjudications in the following matters:
A.
All applications for subdivisions and land developments pursuant to Chapter 177, Subdivision and Land Development.
E.
Appeals
from the determination of the Zoning Officer or Township Engineer
in the administration of any land use ordinance or provisions thereof
with reference to sedimentation and erosion control and stormwater
management insofar as the same relate to an application for a subdivision
or land development.
A.
Applicability.
Council shall have the power to approve conditional uses when this
chapter specifically requires the obtaining of such approval and for
no other use or purpose.
B.
Conditions
and standards. In granting a conditional use, Council shall make findings
of fact consistent with the provisions of this chapter. Council shall
not approve a conditional use except in conformance with the conditions
and standards outlined in this chapter.
C.
General requirements and standards applicable to all conditional uses. Council shall grant a conditional use only if it finds adequate evidence that any proposed development submitted will meet all of the following general requirements as well as any specific requirements and standards listed in Subsection D for the proposed use and those contained in Articles IV and XXI through XXVII. Council shall among other things require that any proposed use and location be:
(1)
Suitable
for the property in question, and designed, constructed, operated,
and maintained so as to be in harmony with and appropriate in appearance
to the existing or intended character of the general vicinity;
(2)
In
conformance with all specific standards and applicable requirements
of this chapter;
(3)
Suitable
in terms of effects on highway traffic and safety with adequate access
arrangements to protect streets from undue congestion and hazard;
and
(4)
In
accordance with sound standards of subdivision and land development
practice.
D.
Specific
requirements and standards. Council shall:
(1)
Determine
that the proposal provides for adequate access to public roads without
creating hazardous conditions. In making this determination, Council
may impose conditions requiring:
(a)
Access to be limited or combined with that of adjoining properties;
(b)
Improvement of vertical or horizontal alignment adjoining the site
or off site if access to the site would be restricted or hazardous
as a result of the alignment problem;
(c)
Widen or replace a bridge if said bridge restricts access to the
site or where the nature of the traffic generated by the proposed
use would create a hazardous situation.
(2)
Examine
the use and its relationship to existing land uses to insure that
the proposed use does not adversely alter the character of stable
neighborhoods and to protect adjoining residents from uses which are
objectionable. To this end, Council may impose conditions requiring:
(a)
Special buffer planting, buffer yards, or planted berms;
(b)
Planting or walls to screen intrusive uses such as parking lots,
loading docks, mechanical plants, etc.;
(c)
Control of location of intrusive uses so that they are sited in the
least disruptive manner;
(d)
Special design of lighting and signs to avoid disrupting existing
developments or conflicting with the vision of motorists, particularly
near intersections.
(3)
The natural resources listed in § 205-107B shall be mapped and presented to provide evidence that the performance standards in §§ 205-107B and 205-108 can be met. Drawings and calculations shall be provided to illustrate and indicate the percentage of intrusion for each natural resource so that each standard in §§ 205-107B and 205-108 may be evaluated.
E.
Council
may impose whatever conditions and safeguards it deems necessary to
insure that any proposed development or use will secure substantially
the objectives of this chapter.
F.
Review
by Planning Commission. Council shall request an advisory opinion
from the Planning Commission on any application for a conditional
use; the Planning Commission is to submit a report of such advisory
opinion prior to the date of the public hearing held by Council on
an application.
G.
Conditional
use applications shall be governed by the following:
(1)
The
landowner shall make a written request to Council that it hold a hearing
on the application. The request shall contain a statement informing
Council of the matters that are in issue. The burden of proof in a
conditional use application shall be on the applicant to establish
that the plans the use is consistent with the intent and requirements
of this chapter.
(2)
The
application shall be accompanied by plans and other material describing
the use or development proposed. Such plans and other materials shall
provide a sufficient basis for evaluating the applicant's request.
Information required by this chapter shall accompany the application.
It is not the intent of this chapter to require a fully engineered
subdivision or land development plan to be prepared for the purpose
of evaluating the conditional use application, unless the applicant
chooses to do so. If deemed necessary by Council, the plan shall be
prepared by and contain the seal of a professional engineer, land
surveyor, or architect registered in the Commonwealth of Pennsylvania.
The plans and materials shall include the following minimum information:
(a)
A statement as to the proposed use of the building or land.
(b)
A site layout plan drawn to scale (one inch to 100 feet) showing
the location, dimensions and height of proposed buildings, lots, structures
or uses; any existing buildings; existing and proposed property and
street lines; size of tract to be developed.
(c)
General information on natural resources on the property.
(d)
The location and arrangement of proposed streets and parking areas,
and pedestrian paths, if applicable.
(e)
Statement regarding the provision of water and sewer services to
the property.
(f)
If the application relates to property scheduled to be developed
in successive stages, such plans shall show the relationship of the
portion scheduled for initial development to the proposed layout of
the entire property.
(g)
For residential properties, the proposed number of dwelling units.
(h)
A description of any proposed industrial or commercial operation
in sufficient detail to indicate how the operation may affect surrounding
properties.
(3)
Council
shall hold a hearing pursuant to public notice upon the request, commencing
no later than 60 days after the request is filed, unless the applicant
requests or consents in writing to an extension of time. In addition,
Council shall render a written decision within 45 days after the last
hearing.
(4)
Where
an applicant requires subdivision or land development approval, in
addition to conditional use approval, the applicant may file applications
simultaneously for both the subdivision or land development and the
conditional use, in which event the Township shall review the applications
simultaneously. Approval of both the subdivision or land development
and the conditional use shall be required before the issuance of any
building permits.
H.
Administration. Council shall conduct hearings and make decisions in accordance with the procedures and standards set forth in § 205-179.
I.
Fees.
The applicant for any hearing on a conditional use request before
Council shall at the time of making application, pay a fee in accordance
with a fee schedule adopted by resolution of Council. In addition,
an escrow deposit may be required, as established by resolution of
the Council.
Hearings held by Council pursuant to this chapter, except for those required in § 205-198, shall be conducted in accordance with the following requirements:
A.
The parties
to the hearing shall be Council, any person affected by the application
who has made timely appearance of record and any other person including
civic or community organizations permitted to appear by Council. Council
may require that all persons who wish to be considered parties enter
appearances, in writing, on forms provided for that purpose.
B.
The President
or Vice President of Council shall have the power to administer oaths
of witnesses.
C.
The parties
shall have the right to be represented by counsel and shall be afforded
the opportunity to respond and present evidence and argument and cross
examine adverse witnesses on all relevant issues.
D.
Formal
rules of evidence shall not apply, but irrelevant, immaterial or unduly
repetitious evidence may be excluded.
E.
The Township
at its discretion may require a stenographic record of the proceedings,
and such transcript of the proceedings and copies of graphic or written
material received in evidence shall be made available to any party
at cost.
