Bristol Township City Zoning Code
ARTICLE XXX
Administration
§ 205-170 Powers of Zoning Officer.
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.
§ 205-171 Permits, inspection and approval required.
[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.
§ 205-172 Application requirements for building permits.
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.
§ 205-173 Duration of building permit.
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.
§ 205-174 Certificate of occupancy.
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.
§ 205-175 Permit fees.
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.
§ 205-176 Duties of Planning Commission.
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.
§ 205-177 Jurisdiction of Council.
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.
§ 205-178 Powers of council with respect to conditional uses.
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.
§ 205-179 Hearings conducted by 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.