Morrisville City Zoning Code
ARTICLE IX
Administration
§ 465-65 Appointment and powers of Zoning Officer.
[Amended 6-8-1993 by Ord. No. 864]
A.
For the administration of this chapter, a Zoning Officer, who shall not hold any elective office in the Borough, shall be appointed.
B.
The Zoning Officer shall meet the qualifications established by the Borough of Morrisville and shall be able to demonstrate to the satisfaction of the Borough a working knowledge of municipal zoning.
C.
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.
D.
The Zoning Officer is hereby authorized to institute civil enforcement proceedings as a means of enforcement when acting within the scope of his employment.
E.
It shall be the duty of the Zoning Officer and he shall have the power to:
(1)
Receive and examine all applications filed under the provisions of this chapter including, but not limited to, applications for zoning permits, zoning changes, curative amendments, variances, special exceptions, conditional uses, interpretations and appeals. For convenience and consistency the Zoning Officer may be the same official responsible for receiving applications under Chapter 129, Building and Construction Codes, and Chapter 390, Subdivision and Land Development.
(2)
Refuse to accept applications which do not contain sufficient information to permit adequate review. Refer to § 465-68.
(3)
Assist the general public in the proper completion of zoning application materials.
(4)
Take action on application materials or refer applications to appropriate officials and Boards:
(a)
Zoning permits: Issue the permit when there is compliance with the provisions of this chapter.
(b)
Zoning changes: Refer to Borough Council, with copies to Planning Commission, Borough Solicitor and Bucks County Planning Commission. Council should authorize a public hearing in accordance with § 465-87.
(c)
Curative amendments: Same as zoning change except applicant may elect to apply to Zoning Hearing Board under the provisions of Municipalities Planning Code, § 609.1.
(d)
Variances: Refer to Zoning Hearing Board with copies to Planning Commission.
(e)
Special exceptions: Same as variances.
(f)
Conditional uses: Same as zoning change.
(g)
Interpretations: Same as variances.
(h)
Appeals: Same as variance.
(5)
Issue permits only where there is compliance with the provisions of this chapter, with other Borough ordinances and the laws of the Commonwealth. Permits for construction or for the use of a structure which requires a variance or special exception shall be issued only upon the order of the Zoning Hearing Board. Permits requiring approval of a conditional use shall be issued only upon the order of the Borough Council.
(6)
Deny approval to applications which do not meet the terms of this chapter, other Borough laws and the laws of the Commonwealth, or where disapproved by the Zoning Hearing Board, the Planning Commission or the Borough Council, wherever authority rests.
(7)
Conduct inspections and surveys to determine compliance or noncompliance with the terms of this chapter.
(8)
Issue stop orders; issue cease and desist orders; and issue orders correcting all conditions found to be in violation of the provisions of this chapter. Such orders shall be in writing and 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 any such order shall be guilty of a violation of this chapter.
(9)
Institute in the name of the Borough any appropriate act or proceedings to prevent an unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use. 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)
Revoke, by order, a zoning permit issued under a mistake of fact or contrary to the law or the provisions of this chapter.
(11)
Record and file all applications for zoning permits with accompanying plans and documents. All applications, plans and documents shall be a public record.
(12)
Maintain a map or maps showing the current zoning classification of all land in the Borough.
(13)
Maintain a map of all nonconforming uses and special exception uses in the Borough and a file of each such use.
(14)
Upon the request of the Borough Council, the Planning Commission or the Zoning Hearing Board, present to such bodies facts, records or reports which they may request to assist them in making decisions.
§ 465-66 Duties of Planning Commission.
A.
The Planning Commission shall review applications for zoning permits referred to it under § 465-65E(4) to insure compliance with the terms of this chapter. In reviewing such applications, the Planning Commission shall follow the procedure employed in reviewing subdivision plans. Applications for curative amendments and zoning changes shall be forwarded to the Bucks County Planning Commission for its review. The Morrisville Borough Planning Commission shall then submit its report and/or recommendation and findings to the Borough Council within 60 days of receipt of the application from the Zoning Officer. Should the Planning Commission fail to submit a report within 60 days from the receipt of the application from the Zoning Officer, the application shall be deemed acceptable to the Planning Commission.
§ 465-67 Zoning permits.
A.
No structure shall be erected, constructed, reconstructed, altered or moved; and no land or building shall be used, occupied or changed in use until a zoning permit has been secured from the Zoning Officer. Exempted from the permit requirement shall be signs under two square feet in area. Upon completion of the activities described on the application for which a permit has been issued the owner shall notify the Zoning Officer, who will inspect the premises and note on the permit that the activity was carried out in accordance with the ordinances of the Borough.
B.
In lieu of a separate standard form for zoning permits, the issuance of a building permit may serve as evidence that the zoning permit process has been ascribed. Where building permits would not normally be issued, zoning permits may be issued in writing on the Borough's letterhead stationery or on forms which the Borough Council may subsequently designate.
§ 465-68 Application requirements for zoning permits.
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 Borough and shall be filed with the Zoning Officer. Prior to submitting an application for a zoning permit, each subdivision and land development shall be reviewed by the Planning Commission. The Planning Commission shall then, where applicable, make its recommendations to Borough Council. Upon approval by Borough Council, a final plan shall be recorded in the Bucks County Recorder of Deeds Office in accordance with Chapter 390, Subdivision and Land Development.
B.
All applications for zoning permits shall include:
(1)
A written statement including:
(a)
An identification of the proposed use of the building or land.
(b)
A description of any proposed industrial or commercial operations in sufficient detail to indicate effects of those operations in producing noise, heat, vibration, glare, air pollution, water pollution, fire hazards, traffic congestion or other safety hazards.
(c)
A description of methods to be employed in controlling any excess noise, air pollution, smoke, fumes, water pollution, fire hazards or other safety hazards.
(d)
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.
(e)
Method to be used for trash and refuse collection and disposal.
(f)
Written approval from the appropriate authority or agency that an adequate water supply and adequate sewerage facilities are available to serve the proposed building or buildings.
(g)
Written approval of the availability of municipal fire equipment to adequately serve the possibility of fire within any portion of the proposed building or buildings and whether fireproof construction material will be used and whether a fire control system will be installed within the proposed building or buildings.
(h)
Written approval from the appropriate agency that would allow the proposed development to in any way encroach upon and/or utilize in any way land under the jurisdiction of said agency or body.
(i)
The geologic formation of the tract proposed for development and the characteristics of the geologic formation to support the proposed building or buildings.
(2)
A site plan drawn to scale showing:
(a)
The location, dimensions, and height of proposed and existing buildings, structures or uses 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. The scale of the drawings shall be clearly identified.
(b)
The location, dimensions, arrangement and capacity of all open spaces, yards and buffer yards, including methods to be employed for screening.
(c)
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 if required under Article VI.
(d)
The dimensions, location and methods of illumination for signs if applicable.
(e)
The location and dimensions of sidewalks and all other areas to be devoted to pedestrian use.
(f)
Provisions to be made for source of water supply, the treatment and disposal of sewage and industrial wastes and storm drainage.
(g)
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)
(i)
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 § 390-24 of Chapter 390, Subdivision and Land Development, shall be indicated on the plan and shall be adhered to during construction.
(3)
A check list indicating that all the required maps, statements and approvals have been submitted. At such time that the application is approved by the Zoning Officer and a zoning permit issued, this shall constitute an agreement by the applicant that installation shall be made, completed and operated as shown on the site layout as submitted.
(a)
Following a complete submission of all the information requested in this § 465-68 (or elsewhere required in this chapter) the Zoning Officer shall have seven days to issue or deny a zoning permit or, where applicable, to forward the application to the Zoning Hearing Board, Planning Commission or Borough Council.
(4)
Include the one-hundred-year flood line and floodway line as represented on the Flood Boundary and Floodway Map, the one-hundred-year flood elevation, the elevation of the lowest habitable floor, including basement; or a statement, from an engineer registered to practice in the Commonwealth of Pennsylvania, indicating that the property in question is not within the one-hundred-year floodplain. This requirement may be waived by the Zoning Officer when there is no doubt that the property in question is not in the Flood District.
(5)
If the Flood District will be affected by changes in land use, the following additional materials shall be submitted:
(a)
Plans, drawn to scale, showing:
[1]
The location and dimensions of the lot, existing land uses, structures, vegetation and soil types. The plans shall also show accurate topographic data, consisting of contours at one foot intervals which are tied into an established bench mark in Morrisville Borough. The plan shall be prepared by an engineer or surveyor registered by the Commonwealth of Pennsylvania.
[2]
The proposed changes in land use, structures, buildings, building additions, open storage areas, parking lots and other features.
[3]
The floodway line and the one-hundred-year flood line, based upon the flood profiles and site topography.
(b)
A series of cross sections running perpendicular to the centerline of the stream, creek or swale or perpendicular to the shoreline of the lake or pond taken at each building site but at no less than twenty-five-foot intervals which show the slope of the land and relationship of the floodway and the one-hundred-year floodplain to the proposed changes in land use, structures, buildings, building additions, parking lots and other features. If cuts or fills are planned, the cross sections shall show existing and finished grades.
(c)
A profile showing the slope of the bottom of the river, stream, creek, swale, lake or pond as it traverses or occurs on the property.
(d)
Specifications for building materials and construction, floodproofing, filling, dredging, grading, storage, water supply, and sanitary facilities.
(e)
Computation of the increase, if any, in the height of flood stages which would be attributable to any proposed uses.
§ 465-69 Fees.
All applicants for zoning permits, special exceptions, interpretations and variance appeals shall, at the time of making application, pay to the Zoning Officer for use of the Borough a fee in accordance with a fee schedule adopted by the Borough Council upon the enactment of this chapter or as such schedule may be amended by resolution of the Borough Council.
§ 465-70 Life of a permit.
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 payment of additional fees for an aggregate period of not more than two years, provided that the construction pursuant to said permit has commenced within the first one year period.
§ 465-71 Certificate of occupancy.
A.
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 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, the special requirements established by the Borough Council, and the requirements of any other applicable Borough code.
B.
No certificate shall be issued until the premises in question have 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.
C.
The issuance of a certificate of occupancy in no way absolves the owner or authorized agent from compliance with the intent of this chapter.
D.
Upon notice of completion of construction the Zoning Officer shall have seven days to inspect the premises and either issue or deny a certificate of occupancy.
§ 465-72 Procedure for landowner curative amendments.
[Amended 6-8-1993 by Ord. No. 864]
A.
A landowner who desires to challenge on substantive grounds the validity of this chapter or the Zoning Map or any provision thereof, which prohibits or restricts the use or development of land in which he has an interest may submit a curative amendment to the Borough Council with a written request that his challenge and proposed amendment be heard and decided as provided in § 916.1 of the Pennsylvania Municipalities Planning Code (hereinafter "MPC"), 53 P.S. § 10916.1. The curative amendment and challenge shall be referred to the Planning Commission and the county planning agency as provided in § 609 and notice of the hearing thereon shall be given as provided in §§ 610 and 916.1 of the MPC, 53 P.S. §§ 10609, 10610, and 10916.1.
B.
The hearing shall be conducted in accordance with § 908 of the MPC, 53 P.S. § 10908, and all references therein to the Zoning Hearing Board shall, for purposes of this section be references to the Borough Council. If the Borough does not accept a landowner's curative amendment brought in accordance with this subsection and a court subsequently rules that the challenge has merit, the court's decision shall not result in a declaration of invalidity for this entire chapter and Zoning Map, but only for those provisions which specifically relate to the landowner's curative amendment and challenge.
C.
The Borough Council, if it determines that a validity challenge has merit, may accept a landowner's curative amendment, with or without revision, or may adopt an alternative amendment which will cure the challenged defects. The Borough Council shall consider the curative amendments, plans and explanatory material submitted by the landowner and shall also consider:
(1)
The impact of the proposal upon roads, sewer facilities, water supplies, schools and other public service facilities;
(2)
If the proposal is for a residential use, the impact of the proposal upon regional housing needs and the effectiveness of the proposal in providing housing units of a type actually available to and affordable by classes of persons otherwise unlawfully excluded by the challenged provisions of this chapter or Zoning Map.
(3)
The suitability of the site for the intensity of use proposed by the site's soils, slopes, woodlands, wetlands, floodplains, aquifers, natural resources and other natural features;
(4)
The impact of the proposed use on the site's soils, slopes, woodlands, wetlands, flood plains, natural resources and natural features, the degree to which these are protected or destroyed, the tolerance of the resources to development and any adverse environmental impacts; and,
(5)
The impact of the proposal on the preservation of agriculture and other land uses which are essential to public health and welfare.
§ 465-73 Procedure for borough curative amendments.
[Amended 6-8-1993 by Ord. No. 864]
A.
If the Borough determines that this chapter, or any portion hereof, is substantially invalid, it shall take the following actions:
(1)
The Borough shall declare by formal action, this chapter or portions hereof substantially invalid and propose to prepare a curative amendment to overcome such invalidity. Within 30 days such declaration and proposal the Borough Council shall:
B.
Within 180 days from the date of the declaration and proposal, the Borough shall enact a curative amendment to validate, or reaffirm the validity of, this chapter pursuant to the provisions of § 609 of the Pennsylvania Municipalities Planning Code (hereinafter "MPC"), 53 P.S. § 10609, in order to cure the declared invalidity of this chapter.
C.
Upon the initiation of the procedures as set forth in Subsection A, the Borough Council shall not be required to entertain or consider any landowner's curative amendment filed under § 609.1 of the MPC, 53 P.S. § 10609.1, nor shall the Zoning Hearing Board be required to give a report requested under §§ 909.1 or 916.1 of the MPC, 53 P.S. §§ 10909.1, 10916.1, subsequent to the declaration and proposal based upon the grounds identical or substantially similar to those specified by the resolution required by Subsection A(1). Upon completion of the procedures set forth in Subsections A and B, no rights to a cure pursuant to the provisions of §§ 609.1 and 916.1 of the MPC, 53 P.S. §§ 10609.1, 10916.1, shall, from the date of the declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of this chapter for which there has been a curative amendment pursuant to this section.
D.
The Borough, having utilized the procedures set forth in this section, may not again utilize said procedure for a period of 36 months following the date of enactment of a curative amendment, or reaffirmation of the validity of this chapter; Provided, however, if after the date of declaration and proposal there is a substantially new duty imposed upon the Borough by virtue of a change in statute or by virtue of a Pennsylvania Appellate Court decision, the Borough may utilize the provisions of this section to propose a curative amendment to this chapter to fulfill said duty or obligation.