[Ord. No. 762, 5/7/2020]
1.Â
The provisions of this chapter shall be administered and enforced
by the Zoning Officer, who shall be appointed by the Board of Supervisors.
A.Â
Appointment and powers.
(1)Â
For the administration of this chapter, a Zoning Officer, who
shall not hold any elective office in the Township, shall be appointed.
(2)Â
The Zoning Officer shall meet the qualifications established
by the Township and shall be able to demonstrate to the satisfaction
of the Township a working knowledge of municipal zoning.
(3)Â
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.
(4)Â
The Zoning Officer is hereby authorized to institute civil enforcement
proceedings as a means of enforcement when acting within the scope
of his employment.
(5)Â
It shall be the duty of the Zoning Officer and he shall have
the power to:
(a)Â
Receive, and keep a record of, all applications for zoning permits.
(b)Â
Process zoning permit applications.
(c)Â
Issue permits only where there is compliance with the provisions
of this chapter, with other Township ordinances, and with the laws
and regulations of the Commonwealth of Pennsylvania and the United
States of America. Permits for construction or uses requiring a special
exception or variance shall be issued only upon order of the Zoning
Hearing Board. Permits requiring approval by the Board of Supervisors
shall be issued only after receipt of approval from the Board of Supervisors.
(d)Â
Receive applications for special exceptions and variances and
forward these applications to the Zoning Hearing Board for action
thereon.
(e)Â
Following refusal of a permit, receive applications for interpretation
of appeals and variances and forward these applications to the Zoning
Hearing Board for action thereon.
(f)Â
Conduct inspections and surveys to determine compliance or noncompliance
with the terms of this chapter.
(g)Â
Institute, in the name of the Township, any appropriate actions
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 or use of any
building, structure or land; or to prevent any illegal act, conduct,
business or use in or about such premises.
(h)Â
Revoke, by order, a zoning permit issued under a mistake of
fact or contrary to the law or the provisions of this chapter.
(i)Â
Issue enforcement notices to order and require the abatement
forthwith or otherwise of a violation of the provisions of this chapter.
(j)Â
Record and file all applications for zoning permits with accompanying
plans and documents. All applications, plans, and documents shall
be public records.
(k)Â
Maintain a map or maps showing the current zoning classification
of all land in the Township.
(l)Â
Prepare and maintain a list of nonconforming uses when directed
to do so by the Board of Supervisors.
(m)Â
Upon the request of the Board of Supervisors, the Planning Commission,
or the Zoning Hearing Board, present facts, records, or reports to
assist such body in making decisions.
(n)Â
Be available to testify in all proceedings before the Zoning
Hearing Board to present facts and information to assist the Zoning
Hearing Board in reaching a decision.
[Ord. No. 762, 5/7/2020]
If it appears to the Township that a violation of this chapter has occurred, the Township shall initiate enforcement proceedings by sending an enforcement notice as provided by Part 27 of this chapter. 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.
[Ord. No. 762, 5/7/2020]
Hereafter, no use may be established or changed and 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 on the permit that the work or
occupancy and use has been inspected and approved as being in conformity
with the provisions of this chapter.
[Ord. No. 762, 5/7/2020]
1.Â
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 two copies of the following
information:
A.Â
A statement as to the proposed use of the building or land.
B.Â
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.
C.Â
The location, dimensions, and arrangements of all open spaces and
yards and bufferyards, including methods to be employed for screening.
D.Â
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.
E.Â
The dimensions, location, and methods of illumination for signs,
if applicable.
F.Â
Provisions to be made for treatment and disposal of sewage and industrial
wastes, water supply and storm drainage.
G.Â
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.
H.Â
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.
I.Â
Description of methods to be employed in controlling any excess noise,
air pollution, smoke, fumes, water pollution, fire hazards or other
safety hazards.
J.Â
In the case of application for interpretation, variances and special exceptions, the additional information specified in Part 26, Zoning Hearing Board, of this chapter.
K.Â
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.
2.Â
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 lot shall be issued until a certificate
of approval has been issued by the Bucks County Department of Health
or any other agency with jurisdiction.
[Ord. No. 762, 5/7/2020]
All applications for zoning permits, special exceptions, and
interpretation and variance appeals shall, at the time of making application,
pay to the Zoning Officer for use of the Township a fee in accordance
with a fee schedule adopted by resolution of the Board of Supervisors
upon the enactment of this chapter or as such schedule may be amended
by resolution of the Board of Supervisors.
[Ord. No. 762, 5/7/2020]
Any erection, construction, reconstruction, alteration or moving
of the 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 payment of an additional fee 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.
[Ord. No. 762, 5/7/2020]
1.Â
An application for any conditional use as specified in the various
Parts of this chapter shall be considered by the Township Board of
Supervisors according to the following procedures. Where, in this
chapter, additional standards are set forth for a particular use that
may be requested for conditional use, then the Board shall consider
whether the request meets those specific standards in addition to
the general standards set forth in this section. The burden of proof
shall rest with the applicant.
A.Â
Applicant requirements.
(1)Â
The application shall be submitted in writing to the Township
Planning Commission.
(2)Â
The application shall include the request for approval of a
conditional use and sufficient information to document compliance
with the application standards and criteria of this chapter, a tentative
sketch plan of the proposed development and any study deemed necessary
by the Township Engineer. The applicant shall provide with the application
a list of every abutting lot owner on the same street and every abutting
lot owner directly across the street from the lot or building in question.
(3)Â
The Township Planning Commission shall submit one copy of the
application to the Bucks County Planning Commission for its advisory
review and other copies to agencies and/or technical consultants whose
review may be relevant.
B.Â
Public hearing.
(1)Â
The Board of Supervisors shall schedule a public hearing thereon
within 60 days from the date of the applicant's request, unless
the applicant has agreed, in writing, to an extension of this time
limit.
(2)Â
Public notice of the public hearing, stating the time, place
and the particular nature of the case to be considered, shall be published
twice in a newspaper of general circulation in the Township. The first
publication shall not be more than 30 days and the second publication
shall not be less than seven days from the date of the hearing. The
Township Secretary shall notify, by mailing or delivering a notice
thereof to the owner, if his residence is known, or the occupier of
every abutting lot on the same street and every lot directly across
the street from the lot or building in question, provided that failure
to give notice shall not invalidate any action taken by the Board.
(3)Â
The Board of Supervisors shall consider the comments and recommendations
of the Township and County Planning Commissions, other advisors and
those present at the public hearing prior to deciding to approve or
deny the proposed use. In allowing a conditional use, the Board of
Supervisors may attach such reasonable conditions and safeguards,
in addition to those expressed in the ordinance, as it may deem necessary
to implement the purposes of this chapter.
C.Â
Standards and criteria. In deciding all applications for conditional
uses, the Board of Supervisors shall be guided by the following standards
and criteria:
(1)Â
The proposed use is permitted by conditional use, and it will
conform to the applicable regulations of the district in which it
is located or any district regulations which may relate to or apply
to the use, including but not limited to setbacks, building coverage,
open space and buffering.
(2)Â
The proposed use will conform to the regulations applicable
according to use and/or district, including but not limited to regulations
contained in Part 22, Off-Street Parking and Loading, Part 23, Sign
Regulations, and Part 24, Nonconformities.
(3)Â
Points of vehicular access to the lot are provided at a distance
from the intersections and other points of access and in number sufficient
to prevent undue traffic hazards and obstruction to the movement of
traffic.
(4)Â
The location of the site with respect to the existing public
roads giving access to it is such that the safe capacity of the public
roads is not exceeded by the estimated traffic attracted or generated
by the proposed use, and the traffic generated or attracted is not
out of character with the normal traffic using said public roads.
(5)Â
A determination that the proposed use will not have an unwarranted
impact on traffic in the area, either creating significant additional
congestion in an area of existing congestion or posing a threat of
significant additional congestion where there is a high probability
of future congestion. In addition, the Board shall consider whether
the proposed use will create any traffic hazard dangerous to the public
safety.
(6)Â
Screening of the proposed use from adjacent uses is sufficient
to prevent the deleterious impact of the uses upon each other, considering
the type, dimension and character of the screening.
(7)Â
The proposed use does not adversely affect or contradict Warminster
Township's Comprehensive Plan.
(9)Â
The proposed use is suitable for the character of the neighborhood
and the uses of the surrounding properties.
(10)Â
The proposed use will not impair an adequate supply of light
and air to adjacent property.
(11)Â
The proposed use will not adversely affect the public health,
safety or general welfare.
(12)Â
The proposed use will not adversely affect transportation or
unduly burden water, sewer, school, park or other public facilities.
(13)Â
The proposed use shall not overcrowd land or create undue concentration
of population or undue intensity of use.
D.Â
The Board of Supervisors shall render a written decision on the application
within 45 days after the last hearing in which the Board considered
the application.
E.Â
Where the Board of Supervisors fails to render a decision within
the period required by this section or fails to hold the required
hearing within 60 days from the date of the applicant's request
for a hearing, the decision 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.
F.Â
Approval of any conditional use shall expire one year after the date
of approval by the Board of Supervisors or the signing of the development
plan, whichever is later, if the applicant fails to obtain a building
permit or use and occupancy permit.