A.
The provisions of this chapter shall be administered
and enforced by the Zoning Officer, who shall be appointed by the
Borough Council.
B.
It shall be the duty of the Zoning Officer:
(1)
To receive and examine applications for zoning permits.
(2)
To process zoning permit applications for all permitted
uses.
(3)
To issue permits only where there is compliance with
the provisions of this chapter, with other Borough ordinances, and
with the laws of the commonwealth. Permits for construction of a use
requiring a special exception or variance shall be issued only upon
order of the Zoning Hearing Board. Permits requiring approval by the
Borough Council shall be issued only after receipt of approval from
the Borough Council.
(4)
To receive applications for special exceptions and
variances and forward those applications to the Zoning Hearing Board
for action thereon.
(5)
To receive applications for conditional uses, curative
amendments and zoning changes, forwarding the requests to the Borough
Council, the Borough Planning Commission, and other appropriate agencies.
(6)
Following refusal of a permit, to receive applications
for interpretation appeals and variances and forward those applications
to the Zoning Hearing Board for action thereon.
(7)
To conduct inspections and surveys to determine compliance
or noncompliance with the terms of this chapter.
(8)
To issue stop, cease and desist orders and to order,
in writing, correction of all conditions found to be in violation
of the provisions of this chapter. Such written orders shall be served
personally or by certified mail upon persons, firms or corporations
deemed by the Zoning Officer to be in violation of the terms of this
chapter. It shall be unlawful for any person to violate any such order
issued lawfully by the Zoning Officer, and any person violating any
such order shall be guilty of a violation of this chapter. All orders
not appealed in 30 days shall be deemed final.
(9)
With the approval of the Borough Council or when directed
by it, to institute in the name of the Borough 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.
(10)
To revoke any order or zoning permit issued
under a mistake of fact or contrary to the law or the provisions of
this chapter.
(11)
To record and file all applications for zoning
permits with accompanying plans and documents. All applications, plans,
and documents shall be a public record.
(12)
To maintain a map or maps showing the current
zoning classification of all land in the Borough.
(13)
At the request of the Borough Council, to identify
and register nonconforming uses and structures created as a result
of the adoption of this chapter or created as a result of amendments
thereto.
The Borough Planning Commission shall review applications for zoning permits referred to it under § 340-87. In reviewing such applications, 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 the Borough Council within 30 days of receipt of the application from the Zoning Officer. Should the Planning Commission fail to submit a report and recommendation to the Borough Council within 30 days from receipt of the application from the Zoning Officer, the application shall be deemed acceptable to the Planning Commission.
Hereafter, no use listed in the use sections
of this chapter may be established or changed, and no structure shall
be erected, constructed, reconstructed, altered, razed, or removed,
and no building shall be used or occupied, or changed in use, until
a zoning permit has been secured from the Zoning Officer. Upon completion
of the change 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.
A.
All applications for zoning permits shall be made
by the owner, tenant, vendee under contract of sale, or authorized
agent, on a form supplied by the Borough, and shall be filed with
the Zoning Officer. The application shall include the following information:
(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 states that the property will 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.
(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 the effects
of those operations in producing noise, glare, air pollution, water
pollution, fire hazards, traffic congestion, or other safety hazards.
Also, a description shall be provided of the methods to be employed
to control those impacts.
(11)
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.
B.
No permit for any new use or construction which will
involve the on-site disposal of sewage, and no permit for a change
in use or an alteration which will result in an increased volume of
sewage 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 issued until the servicing authority has granted approval
of the connection.
D.
No permit
for any new use or construction which is defined as a "regulated activity"
pursuant to Section 104 of Ordinance No. 305, as amended (Silverdale
Borough Stormwater Management Ordinance), shall be issued until approval
of a stormwater management plan (or exemption) has been received from
the Borough for the use or construction activity.
[Added 4-7-2014 by Ord.
No. 307]
All applicants for zoning permits shall, at
the time of making application, pay to the Zoning Officer for the
use of the Borough a fee in accordance with the fee schedule adopted
by resolution of the Borough Council upon the enactment of this chapter
or as such schedule may be amended by resolution of the Borough Council.
Any erection, construction, reconstruction,
alteration or moving of a building or other structure, including a
sign, authorized by a zoning permit shall be commenced, and any change
in use of a building or land authorized by a zoning permit shall be
undertaken, within one year 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.
[1]
Editor's Note: Former § 340-93, Certificates of
occupancy, was repealed 4-7-2014 by Ord. No. 307.
The Borough Council may allow or deny a conditional
use application after receiving recommendations from the Planning
Commission pursuant to the various standards set forth in this section
and those contained in other appropriate sections of this chapter.
A.
The Council shall:
(1)
Determine that the proposal provides for adequate
access to public streets of a suitable capacity without creating hazardous
conditions. In making this determination, the Council may impose conditions
requiring:
(a)
Access to be limited or combined with that of
adjoining properties.
(b)
Improvements of vertical or horizontal alignment
adjoining the site or off-site if the use would create a hazardous
condition or if the alignment problem restricts access to the site.
(c)
Widening or replacing a bridge if said bridge
restricts access to the site or where the volume or nature of the
traffic generated by the proposed use would create a hazardous or
restrictive situation.
(2)
Examine the use and its relationship to existing land
uses to ensure 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, the Council may impose
conditions requiring:
(a)
Special buffer planting, buffer yards or planted
berms.
(b)
Planting or walls to screen intruding uses such
as parking lots, loading docks, mechanical plants, etc.
(c)
Control of the location of intruding uses so
that they are sited in the least disrupting manner.
(d)
Special design of lighting and signs to avoid
disrupting existing neighborhoods or conflicting with the vision of
motorists, particularly near intersections.
B.
In residential districts, conditional uses shall be
limited to the same impervious surface ratio as the residential use.
Where several impervious surface ratios are listed, the highest shall
be used.
