Hilltown Township City Zoning Code
ARTICLE VIII
Administration
§ 160-83 Enforcement; Zoning Officer powers and duties.
[Amended 1-26-2009 by Ord. No. 2009-1]
A.
For the administration of this chapter, a Zoning Officer, who shall not hold any elective office in the municipality, shall be appointed by the Board of Supervisors. The Zoning Officer shall meet qualifications established by the Supervisors and shall be able to demonstrate to the satisfaction of the Supervisors a working knowledge of municipal zoning. 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 in use which does not conform to this chapter.
B.
It shall be the duty of the Zoning Officer, who is hereby given the power and authority, to:
(1)
Receive and examine all applications for Zoning Permits and issue permits only when there is compliance with provisions of this chapter, other Township ordinances and with the laws of the Commonwealth.
(2)
Enforce the provisions of this chapter by the issuance of enforcement orders, including cease-and-desist orders, or by other means. Such written orders shall be served personally or by certified mail upon the persons, firms, or corporations deemed by the Zoning Officer to be violating the terms of this chapter in accordance with the terms of this chapter, and shall direct the recipient to correct all conditions found in violation. If any such person or persons does not comply with the written notice of violation within a prescribed period of time, the Zoning Officer shall notify the Board of Supervisors for their action, or, if authorized in advance, file a civil complaint with the district justice. A civil complaint shall not be filed until the expiration of the appeal period. 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.
(3)
Process Zoning Permit applications for all uses as enumerated in §§ 160-22 and 160-23 as permitted within the applicable districts. Where required by the Municipalities Planning Code or by this chapter, applications shall be forwarded to the Planning Commission, Building Inspector, Township Engineer, and Zoning Hearing Board for approval or disapproval.
(4)
Receive and examine applications for special exceptions and variances and forward these applications to the Solicitor of the Zoning Hearing Board.
(5)
Post notices on affected tracts or areas involved with a Zoning Map amendment at least one week prior to the hearing. Provide applicants and other parties with copies of items sent to the Zoning Hearing Board.
(6)
Receive and examine applications for conditional uses, curative amendments and zoning changes and forward these applications to the Board of Supervisors, Planning Commission, and other appropriate agencies.
(7)
Issue permits for construction and/or for uses requiring a special exception or variance only upon order of the Zoning Hearing Board. Permits requiring approval by the Board of Supervisors shall be issued only after receipt of an authorization from the Supervisors.
(8)
Following denial for a Zoning Permit, receive and examine applications for interpretation appeals and/or variances and forward these applications to the Solicitor of the Zoning Hearing Board.
(9)
Conduct inspections and surveys to determine compliance or noncompliance with the provisions of this chapter.
(10)
With the approval of the Board of Supervisors, or when directed by them, the Zoning Officer is authorized to institute civil enforcement proceedings as a means of enforcement when acting within the scope of his/her employment.
(11)
Revoke any order or Zoning Permit issued under a mistake of fact or contrary to the law or the provisions of this chapter.
(12)
Keep a permanent record of all business and activities, including written complaints of violations and subsequent actions taken, plans and applications for permits and all permits issued with the notation as to special conditions attached thereto. Maintain record of all zoning violation notice deliveries (i.e., place, date and time).
(13)
Maintain a map or maps showing the current zoning classifications of all land in the Township.
(14)
Issue occupancy permits in accordance with the terms of this chapter.
(15)
Register all uses which are nonconforming under the provisions of this chapter within a reasonable time after the effective date of this chapter. The record of nonconforming uses shall certify, after inspection, the extent and type of use and disposition of the building and land. Upon notification, each occupant or owner of a premises used for nonconforming use shall make available such information as may be necessary to determine the extent and nature of the nonconforming use.
(16)
Create and maintain the files required to carry out and maintain records of all his/her actions pursuant to this chapter.
(17)
Present such facts, records, and any similar information to the Planning Commission, Zoning Hearing Board, or Board of Supervisors upon their request.
(18)
Provide testimony at hearings of the Zoning Hearing Board.
§ 160-84 Planning Commission powers and duties.
A.
The Planning Commission shall at the request of the Board of Supervisors have the power and shall be required to:
B.
The Planning Commission at the request of the Board of Supervisors may:
(1)
Make recommendations to the Board of Supervisors concerning the adoption or amendment of an official map.
(2)
Prepare and present to the Board of Supervisors a zoning ordinance and make recommendations concerning amendments thereto.
(3)
Prepare, recommend and administer subdivision and land development and planned residential development regulations.
(4)
Prepare and present to the Board of Supervisors a building code and a housing code and make recommendations concerning amendments thereto.
(5)
Do such other acts or make such studies as may be necessary to fulfil the duties and obligations as provided by the Pennsylvania Municipalities Planning Code, Act 247, 53 P.S. § 10101 et seq., as amended.
(6)
Prepare and present to the Board of Supervisors an environmental study.
(7)
Submit to the Board of Supervisors a recommended capital improvements program.
(8)
Prepare and present to the Board of Supervisors a water study, which shall be consistent with the State Water Plan and any applicable water resources plan adopted by a river basin commission. The water survey shall be conducted in consultation with any public water supplier in the area to be surveyed.
(9)
Promote public interest in, and understanding of, the Comprehensive Plan and planning.
(10)
Make recommendations to governmental, civic and private agencies and individuals as to the effectiveness of the proposals of such agencies and individuals.
(11)
Hold public hearings and meetings.
(12)
Present testimony before any board.
(13)
Require from other departments and agencies of the Township such available information as relates to the work of the Planning Commission.
(14)
In the performance of its functions, enter upon any land to make examinations and surveys with the consent of the owner.
(15)
Prepare and present to the Board of Supervisors a study regarding the feasibility and practicability of using renewable energy sources in specific areas within the Township.
(16)
Review the zoning ordinance, subdivision and land development ordinance, Official Map, provisions for planned residential development, and such other ordinances and regulations governing the development of land no less frequently than it reviews the Comprehensive Plan.
§ 160-85 Zoning permit requirements.
A.
A permit shall be required prior to the erection, construction, reconstruction, extension, moving, or alteration of any building, structure, or portion thereof, and prior to the use or occupancy, or change in use of a building or land and prior to the change or extension of a nonconforming use.
B.
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 from the date of issuance of the permit. However, said permit 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 one year period.
§ 160-86 Zoning permit application.
A.
Applications for permits shall be made to the Zoning Officer on such forms as may be furnished by the Township. Each application shall contain all information necessary for such official to ascertain whether the proposed erection, alteration, use or change of use complies with the provisions of this chapter. The Zoning Officer shall require the following information to be provided:
(1)
Statement as to the existing and proposed use of the building or land;
(2)
A site plan showing the location, dimensions, orientations and heights of all existing and proposed structures and uses in relation to lot and street lines;
(3)
The location, size, arrangement, and capacity of all areas to be used for motor vehicles access, off-street parking, off-street loading and unloading, and provisions to be made for lighting such areas when applicable.
(4)
The location, dimensions, and arrangements of all open spaces, yards and buffer yards, including methods to be employed for any required screening.
(5)
Provisions to be made for treatment and disposal of sewage and industrial wastes, water supply, and storm drainage when applicable.
(6)
The capacity and arrangement of all buildings used or intended to be used for dwelling purposes, including the proposed density in terms of dwelling units per acre.
(7)
A description of methods to be employed in controlling any excess noise, air pollution, smoke, fumes, water pollution, fire hazards, and other safety hazards when applicable.
B.
No permit for any new use or construction which will involve the on-site disposal of sewage and waste and no permit for a change in use as an alteration which will result in an increased volume of sewage or waste to be disposed of on site shall be issued until a certificate of approval has been issued by the Bucks County Department of Health and conforms to all applicable Township regulations.
D.
Mobile home park permits. Applications for a mobile home park permit shall be made in writing by the owner, proprietor or operator of the mobile home park, signed by the applicant.
§ 160-87 Issuance of permits and occupancy certificates.
A.
Zoning permits shall be granted or refused after a complete written application has been filed with the Zoning Officer; provided, that nothing contained in this chapter shall be construed to require or empower the Zoning Officer to grant a permit approving construction on, or use of land which has been subdivided into lots pursuant to a plan of subdivision, the plan and profile of which have not been approved by the Township Board of Supervisors, and duly recorded, as required by law.
B.
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.
C.
Upon completion of the erection or alteration of any building or portion thereof authorized by a Zoning Permit, and prior to occupancy and/or use, the holder of such permit shall notify the Zoning Officer of such completion. No permit shall be considered complete or permanently effective until the Zoning Officer has certified that the work has been inspected and approved as being in conformity with the provisions of this chapter and other applicable ordinances and regulations. All applications with accompanying plans and documents shall become and be preserved as a public record, subject to the disposition of the Board of Supervisors.
D.
Certificate of occupancy requirements. Hereafter no structure erected, constructed, reconstructed, extended or moved, and no land or building changed in use under a Zoning Permit, shall be occupied or used in whole or in part for any use whatsoever, until the owner and 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. 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 commercial and/or industrial structures, buildings, lots or any part thereof shall be changed in use or reoccupied until a certificate of occupancy has been issued by the Zoning Officer of the Township.
§ 160-88 Fees.
Fees for permits shall be paid in accordance with a Fee Schedule to be adopted by resolution of the Board of Supervisors and all such fees shall be paid into the Township Treasury. Each applicant for an appeal, special exception, variance, conditional use, or other requested relief shall, at the time of making application, pay a fee, in accordance with the aforementioned Fee Schedule, for the cost of advertising, mailing notices, and cost of stenographic services, as required by this chapter and the rules of the Zoning Hearing Board.
§ 160-89 Violations and penalties.
Any person, partnership, or corporation who or which has violated or permitted the violation of the provisions of this chapter shall, upon being found liable therefor in a civil enforcement preceding commenced by the Township in District Justice Court, pay judgment of $500, plus all court costs, including reasonable attorney fees incurred by the Township as a result of the enforcement proceeding. Each day that a violation continues shall constitute a separate violation, unless the District Justice, determining that there has been a violation, further determines that there was a good faith basis for the person, partnership or corporation violating the chapter to have believed that there was no such violation, in which event there shall be deemed to be only one such violation until the fifth day following the date of the determination of a violation by the District Justice and thereafter each day that a violation continues shall constitute a separate violation.
§ 160-90 Time limit after zoning change.
Whenever the Board of Supervisors shall change the zoning classification on any parcel or ground within the Township, upon petition of the property owner and upon representation that a certain use will be made of the property after the change, the property owner shall have a period of one year within which to obtain a zoning and building permit and to commence actual construction. Should the property owner fail to commence construction within the stipulated period, the Board of Supervisors shall have the right to change the zoning classification of the parcel back to the classification which existed before the rezoning was executed.
§ 160-91 Remedies.
In the case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used or occupied in violation of this chapter, the Board of Supervisors or the Zoning Officer with the express written approval of the Board of Supervisors may institute in the name of the Township any and all appropriate action or preceding to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, use or occupancy; to restrain, correct or abate such violation; to prevent the occupancy of said building, structure, land or portion thereof; or to prevent any illegal act, conduct, business, activity, or use in or about such premises. The rights and remedies provided in this chapter are cumulative and are in addition to all other remedies provided by law.
§ 160-92 Enforcement notice.
Enforcement proceedings against violations of this chapter shall be commenced by sending an enforcement notice as provided in this section.
A.
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.
B.
The enforcement notice shall state at least the following:
(1)
The name of the owner of record and any other person against whom the Township intends to take action.
(2)
The location of the property in violation.
(3)
The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of the chapter.
(4)
That the violator must commence steps to abate the violation and come into compliance within five days of the date of the notice, and must be in full compliance within 30 days of the date of the notice.
(5)
That the recipient of the notice has the right to appeal to the Zoning Hearing Board within 30 days of the notice.
(6)
That failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation, with possible sanctions described.
§ 160-93 Complaints and violations.
Whenever an alleged violation of this chapter occurs, any interested party shall file a written complaint with the Zoning Officer in regard thereto. The Zoning Officer upon receipt of said alleged violation shall, within a timely manner, investigate and take appropriate action as provided by this chapter and the Pennsylvania Municipalities Planning Code, Act 247,53 P.S. § 10101 et seq., as amended.
§ 160-94 Conditional uses.
The Board of Supervisors may allow or deny conditional uses after receiving recommendation from the Hilltown Township Planning Commission pursuant to the various standards set forth in this section, and those contained in Articles IV or V.
A.
General conditions.
(1)
The Board of Supervisors shall determine that access to the site is safe and may refuse to permit a conditional use where insufficient distance between a curb cut and a street intersection is provided, or require combining of access with an adjoining land use. The Board may require off-site traffic improvements where a hazardous condition would otherwise be created.
(2)
The Board of Supervisors shall require that the proposed use be made compatible with surrounding existing uses. Conditions controlling planting of shade trees, evergreen buffers, and planted berms may be imposed to create a buffer beyond the normal requirements of this chapter.
(3)
The Board of Supervisors shall impose conditions on lighting and signs to insure that glare does not disrupt residential areas, distract motorists, or intrude in the background near traffic lights.
B.
General findings. The Board shall make favorable findings on all the following:
(1)
That the proposal is appropriate to the tract in question and will not disrupt or destroy the character of stable residential neighborhoods;
(2)
That the proposal provides for adequate access to public roads, without creating hazardous conditions at intersections or areas of poor road alignment, and without creating undue congestion;
(3)
That it conforms to all applicable requirements of this chapter.
C.
Special conditions for historic areas of villages. The Board of Supervisors shall require plans and illustrative material showing the relationship of the proposed structure to the adjoining structures. The Board of Supervisors shall approve a conditional use when:
(1)
The structure is located with respect to setback as are other surrounding structures, even if this means altering the setback regulations; or if it is not so located, planting and other design factors shall insure that the new structure does not detract from its neighbors;
(2)
The structure is designed in an appropriate historical style certified by a registered architect; or if the structure is modern or contemporary, said architect shall certify that it is compatible in massing, materials, colors, and details; and
D.
The Board of Supervisors shall present findings of fact to justify the allowance or denial if their actions are contrary to the recommendations of the Township Planning Commission or Township Engineer or Township Building Inspector.
E.
Administration section. Special considerations of use B10 Traditional Neighborhood Development in the VC Village Center District.
[Added 1-26-2009 by Ord. No. 2009-2]
(1)
A Conditional Use Application for a use B10 Traditional Neighborhood Development in the VC Village Center District shall be subject to the following special considerations:
(a)
Prior to the submission of a Conditional Use Application or Preliminary Land Development Plans for a Traditional Neighborhood Development, an applicant has the right to request a confirmed appointment with the Board of Supervisors at a public meeting to present and discuss conceptual plans.
(b)
As a part of the submission of the Conditional Use Application and Plans, the applicant shall provide the following information:
[1]
A "Manual of Written and Graphic Design Guidelines" shall be prepared and submitted by the applicant in accordance with § 10708(a) of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10708(a).
[2]
The applicant shall submit a Village Concept Sketch Plan, which reflects compliance with all of the design elements required in the "Manual of Written and Graphic Design Guidelines" and with all of the requirements in §§ 160-23B(10)(d), Key design elements, 160-23B(10)(e), Use and building type uses, 160-23B(10)(f), Use composition, 160-23B(10)(g), Detail design standards, and 160-23B(10)(h), Dimensional requirements. The Concept Plan shall contain sufficient detail to demonstrate that the design requirements of these sections have been met.
[3]
A complete and detailed set of design criteria shall be submitted with an application for Conditional Use for any Traditional Neighborhood Development, as follows:
[4]
The "Manual of Written and Graphic Design Guidelines" and the Design Criteria shall be administered and enforced by a property owners' association, condominium association or similar legal entity.
[5]
The "Manual of Written and Graphic Design Guidelines" and the Design Criteria shall be subject to review and approval by the Board of Supervisors in the granting of a conditional use permit pursuant to § 180-94. In considering the design criteria, the Board of Supervisors may consult with the Township Planner, the Township Engineer, the Township Solicitor, and other technical experts to determine whether the design criteria and "Manual of Written and Graphic Design Guidelines" contains all required elements and meets the objectives of this section.
[6]
The "Manual of Written and Graphic Design Guidelines" and the design criteria approved during the Conditional Use and/or Preliminary Plan approval process shall be submitted with any modifications proposed by the developer as part of the final approval application. The "Manual of Written and Graphic, Design Guidelines" and the design criteria, as finally approved, shall be recorded against each lot or unit as an exhibit to the declaration establishing the association for the Traditional Neighborhood Development.
[7]
A surveyed site plan which illustrates the proposed development and a map which illustrates natural resources on the site as defined in § 160-28, Environmental performance standards. The plan shall depict the boundaries of the property, and existing topography using two-foot contour intervals.
[8]
A map or current aerial photograph (not taken more than five years prior to the date of Conditional Use Application) which identifies buildings and the uses of land within 0.25 mile of any portion of the site.
[9]
A statement of the proposed ownership of the open space.
[10]
Compliance with the area, dimensional, buffer, open space, density, other natural resource protection standards, and other requirements of this chapter.
[11]
A narrative describing how the proposed application complies with the purpose statements of §§ 160-3 and 160-23B(10)(b) of this chapter.
[12]
A narrative generally describing the proposed easements, covenants, restrictions, and development standards for the property to be developed, and which demonstrates that the proposed open space will remain undeveloped in perpetuity. The narrative shall also include a description of use restrictions for the open space.
[13]
A narrative description of the existing zoning and land uses on, and adjacent to, the tract.
[14]
An inventory of historical resources on, and adjacent to the tract.
(c)
The Board of Supervisors may impose reasonable conditions regarding layout and use of the open space as it deems necessary to ensure the proposed use meets the objectives of this chapter; results in no nuisance impacts on existing, proposed or potential uses in the surrounding area and on the subject site; limits future uses of the open space; and ensures the use is compatible with uses and activities in the Village Center district or other adjoining districts. The Board of Supervisors may deny conditional use if the applicant is unable to address to the satisfaction of the Board of Supervisors, the matters identified in this chapter.