[Amended 12-1-1987 by Ord. No. 249; 8-16-1988 by Ord. No.
258; 1-21-1992 by Ord. No. 294]
For the administration of this chapter, a Zoning
Officer, who shall not hold any elective office in the Township of
Upper Southampton, shall be appointed. It shall be the duty of the
Zoning Officer and he shall have the power to:
A.
Receive and examine all applications for zoning permits.
B.
Refer particular zoning permit applications to the Planning Commission in accordance with the provisions of § 185-75.
[Amended 6-16-2009 by Ord. No. 393]
C.
Issue permits only where there is compliance with the provisions
of this chapter, with other Township ordinances and laws of the Commonwealth
of Pennsylvania.
[Amended 6-16-2009 by Ord. No. 393; 4-5-2016 by Ord. No. 437]
E.
Following refusal of a permit, to receive applications
for interpretation appeals and variances and forward these applications
to the Zoning Hearing Board for action thereon.
F.
Conduct inspections and surveys to determine compliance
or noncompliance with the terms of this chapter.
G.
Issue stop, cease and desist orders, and 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 violating the terms of this chapter. It shall
be unlawful for any person to violate any such order lawfully issued
by the Zoning Officer, and any person violating such order shall be
guilty of a violation of this chapter.
H.
With the approval of the Board of Supervisors, or
when directed by it, institute in the name of the Township any appropriate
action or proceedings to prevent the 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 above such premises.
I.
Revoke any order or zoning permit issued under a mistake
of fact or contrary to the law or the provisions of this chapter.
J.
Record and file all applications for zoning permits
with accompanying plans and documents. All applications, plans, and
documents shall be a public record.
K.
Maintain a map or maps showing the current zoning
classification for all land in the Township.
L.
Maintain a map of all nonconforming uses and special
exceptions in the Township and a file on each such use.
[Amended 6-16-2009 by Ord. No. 393]
M.
Upon the request of the Planning Commission or the
Zoning Hearing Board, present facts, records or reports which they
may request to assist such body in making decisions.
[Amended 6-16-2009 by Ord. No. 393]
N.
Conduct inspections and surveys to determine compliance
or noncompliance with all decisions of the Zoning Hearing Board, including
all conditions attached to variances granted. Upon request of the
Zoning Hearing Board, the Zoning Officer shall submit reports of the
results of such inspections and surveys and the status of compliance
on pending cases to the Zoning Hearing Board.
[Amended 6-16-2009 by Ord. No. 393]
O.
Issue stop, cease and desist orders, and order in
writing the correction of all conditions found to be in violation
of a decision of the Zoning Hearing Board. In cases where structures
built pursuant to a variance are subject to occupancy permit control,
the occupancy permit shall not be issued until the compliance with
conditions attached to the variance has been accomplished.
P.
Annually to conduct inspections and surveys on the
following type properties:
(1)
Any properties granted use variances;
(2)
Properties granted variances under and subject to
conditions that would require an annual inspection to ensure continuing
compliance therewith;[2]
[2]
Editor’s Note: Former Subsection P(3), which stated
that the Zoning Officer would annually conduct inspections and surveys
on all conditional uses and certify compliance with all terms and
conditions of said conditional uses, and which immediately followed
this subsection, was repealed 6-16-2009 by Ord. No. 393.
Q.
The Zoning Officer shall meet the qualifications established
by the Township of Upper Southampton and shall be able to demonstrate
to the satisfaction of the Township of Upper Southampton a working
knowledge of municipal zoning.
R.
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.
S.
The Zoning Officer is hereby authorized to institute
civil enforcement proceedings as a means of enforcement when acting
within the scope of his employment.
[Amended 6-20-1989 by Ord. No. 268]
A.
All applications for zoning 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 and shall be filed
with the Zoning Officer. The application shall include four copies
of the following information:
(1)
A statement as to the proposed use of a 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 and street lines. If
the application relates to property which is 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 and yards and buffer yards, including methods to be employed
for screening.
(4)
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.
(5)
The dimensions, location and methods of illumination
for signs if applicable.
(6)
The location and dimensions of sidewalks and all other
areas to be devoted to pedestrian use.
(7)
Provisions to be made for treatment and disposal of
sewage and industrial wastes, water supply, and storm drainage.
(8)
The capacity and arrangement of all buildings used
or intended to be used for dwelling units, including the proposed
density in terms of number of dwelling units per acre of land.
(9)
A description of any proposed industrial or commercial
operations in sufficient detail to indicate effects of those operations
in producing noise, glare, air pollution, water pollution, fire hazards,
traffic congestion, or other safety hazards.
(10)
A description of methods to be employed in controlling
any excess noise, air pollution, smoke, fumes, water pollution, fire
hazards or other safety hazards.
(12)
In the case of application for interpretation, variances, and special exceptions, the additional information specified in § 185-90.
(13)
Any other data deemed necessary by the Zoning
Officer, Planning Commission or Board of Supervisors to enable them
to determine the compliance of the proposed development with the terms
of this chapter.
(14)
The site layout plan shall indicate all existing trees which are to be saved, the tree protection zone boundary, and the method by which protection will occur. In addition, tree protection techniques,in accordance with § 160-56 of Chapter 160 shall be indicated on the plan, and shall be adhered to during construction.
B.
No permit for any new use or construction which will
involve 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
a certificate of approval has been issued by the Bucks County Department
of Health.
Hereafter, no use listed in § 185-16, Table of Use Regulations, may be established or changed; no structure shall be erected, constructed, reconstructed, altered or removed; and no building used or 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 the Zoning Officer of such completion. No permit shall be considered as complete or as permanently effective until the Zoning Officer has noted in the permit that the work or occupancy and use has been inspected and approved as being in conformity with the provisions of this chapter.
[Amended 3-18-2003 by Ord. No. 356]
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 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 payment of 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 six-month period.
All applicants who shall file applications for
permits of any nature, or who shall file appeals from the denial of
a permit of any nature, shall, at the time of making application or
filing of an appeal, pay to the Zoning Officer for use of the Township
a fee in accordance with a fee schedule[1] adopted by resolution of the Board of Supervisors, which
may be amended from time to time.
[1]
Editor's Note: The current fee schedule is
on file in the Township offices.
[1]
Editor’s Note: Former § 185-79, Granting of conditional uses, as amended, was comprised of Subsection A, which provided that the Board of Supervisors would hold hearings on and decide requests for conditional uses; Subsection B, regarding general requirements and standards applicable to all conditional uses; and Subsection C, Specific requirements for cellular telecommunications facility. Subsections A and B were repealed 6-16-2009 by Ord. No. 393, and Subsection C was relocated to § 185-85 by the same ordinance.
[Amended 1-21-1992 by Ord. No. 294; 6-16-2009 by Ord. No.
393]
A.
General rules and procedures for all appeals and applications.
(1)
Any appeal shall be made by filing the same with the
Zoning Officer within 30 days after the date of the Zoning Officer's
adverse decision.
(2)
All appeals and applications made to the respective
Board shall be in writing on standard forms provided by the Zoning
Officer.
(3)
All appeals and applications shall refer to the specific
provisions of this chapter involved.
(4)
All appeals and applications shall set forth names
and addresses of all adjoining owners, including those across public
roads from the subject property, and any tenants sharing the same
property, structure or use of the proposed use.
B.
Interpretation appeals. Appeals concerning the interpretation
of any provisions of this chapter shall exactly set forth the interpretation
that is claimed.
C.
Variance appeals. Appeals for variance from the strict application of this chapter shall include the zoning permit application denied by the Zoning Officer together with a statement with any supporting evidence regarding the requirements listed in § 185-86.[1]
[1]
Editor’s Note: Former Subsection D, Applications for
conditional use, which immediately followed this subsection, was repealed
6-16-2009 by Ord. No. 393.
