New Britain City Zoning Code
ARTICLE VIII
Administration
§ 450-50 Zoning Officer; duties and powers.
The provisions of this chapter shall be administered and enforced by the Zoning Officer, who shall be appointed by the Borough Council and who shall hold no other elected office in the Borough. The Zoning Officer shall:
A.
Receive and examine all applications for zoning permits.
B.
Review zoning permit applications for compliance with the provisions of this chapter, all other applicable ordinances and with all federal, state, county, and local laws and regulations which are relevant to the subject property.
C.
Process zoning permit applications for all permitted uses and issue permits only where there is compliance with the provisions of this chapter, with other Borough ordinances, and with the laws and regulations of the county, commonwealth and federal governments. Permits for construction of uses requiring a special exception or variance shall be issued only upon order of the Zoning Hearing Board. Permits requiring approval by Borough Council shall be issued only after receipt of approval from Borough Council.
D.
Receive applications for curative amendments and zoning changes, and forward them to Borough Council, the Planning Commission, or other appropriate bodies.
E.
Receive applications for special exceptions and variances and forward these applications to the Zoning Hearing Board for action thereon.
F.
Following the refusal of a permit, to receive applications for interpretation, appeals, and variances and forward these applications to the Zoning Hearing Board for action thereon.
G.
Conduct investigations to determine compliance or noncompliance with the terms of this chapter.
H.
Enforce the provisions of this chapter by the issuance of stop, cease, or desist orders or by other means. Such written orders shall be served personally or by registered mail upon the persons, firms, or corporations deemed by the Zoning Officer to be violating the terms of this chapter.
I.
Institute civil enforcement proceedings as a means of enforcement when acting with the approval or direction of Borough Council.
J.
Maintain a map or maps showing the current zoning classifications of all land in the Borough.
K.
Keep a permanent record of all plans and applications for permits and all permits issued with the notation as to special conditions attached thereto.
L.
Revoke any order or zoning permit issued under mistake of fact or contrary to the law or the provisions of this chapter.
M.
Enlist the assistance of other municipal agents and agencies in performing these responsibilities.
N.
Present such facts, records, and any similar information to the Planning Commission, Zoning Hearing Board, or Borough Council upon their request.
O.
In the case of applications for zoning permits for uses other than residential dwellings, the Zoning Officer shall refer subject applications to the Borough Planning Commission and Borough Engineer for review and comment. These agencies shall review the application in accordance with the provisions of this chapter. The Zoning Officer shall refer the agencies' comments along with the application to the Borough Council for action. Council shall authorize the Zoning Officer to deny or issue a zoning permit. 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.
P.
Review all permit applications to determine whether proposed building sites will be reasonably safe from flooding. If the site is located within the one-hundred-year floodplain, the plan must be prepared in accordance with all applicable provisions of this chapter and the Federal Emergency Management Administration flood hazard regulations.
§ 450-51 Zoning permits required.
[Amended 6-10-1997 by Ord. No. 273]
A.
No use may be established or changed; no structure shall be erected, constructed, reconstructed, altered, razed or moved; no land shall be cleared, graded, filled, or stripped; no natural overland drainage or subsurface flow of water shall be altered; and no buildings 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 completed 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. No permit for grading or clearing shall be issued unless it is in full compliance with the requirements of § 450-38, Environmental protection standards, and unless there is an adequate plan for soil erosion and sediment control. An adequate plan for soil erosion and sedimentation control must be submitted to the Borough and approved by the Bucks County Conservation District.
B.
All structures for which permits have been obtained and the construction of which has been started, or for which a contract or contracts have been let pursuant to a permit issued prior to the passage of this chapter, may be completed and used in accordance with the plans on which said permit was granted. Zoning permits shall not be required for general maintenance work, painting, agriculture, or planting of trees or shrubbery.
C.
A zoning permit is required for the removal of trees where 20% or more of the living mature trees on a single lot are proposed to be removed in any calendar year and where no building permit has been requested in conjunction with the tree removal proposal. Such permit application shall show the area proposed to be cleared and the area of tree removal and shall state the purpose of tree removal. If an application for subdivision or land development is made for the property within two years of the issuance of the zoning permit for tree removal, the requirements of this chapter for tree protection (§ 450-38) shall be applied to the property as it was prior to the removal of trees. If tree removal has exceeded the limits set forth in this chapter, the applicant shall be required to replace trees removed so that there shall be a minimum of 70 caliper-inches of trees per acre after replanting of replacement trees.
§ 450-52 Application requirements for zoning permits.
All applications for zoning permits shall be made 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. The application shall contain all information necessary for the Zoning Officer to ascertain whether the proposed erection, alteration, use, or change of use complies with the provisions of this chapter. The Zoning Officer may require any of the following information to be provided:
A.
A written statement including:
(1)
An identification of the proposed use of the building or land;
(2)
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;
(3)
A description of methods to be employed in controlling any excess noise, air pollution, smoke, fumes, water pollution, fire hazards or other safety hazards;
(4)
In the case of application for interpretation, variances, and special exceptions, the additional information required for the Zoning Hearing Board as specified in Article IX;
(5)
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.
B.
A site plan drawn to scale showing:
(1)
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;
(2)
The location, dimensions, and arrangement of all open spaces and yards and buffer yards, including methods to be employed for screening;
(3)
The location, size, and arrangement of all areas to be used for motor vehicle access, off-street parking, off-street loading and unloading;
(4)
The dimensions, location, and methods of illumination for signs if applicable;
(5)
The location and dimensions of sidewalks and all other areas to be devoted to pedestrian use;
(6)
Provisions to be made for treatment and disposal of sewage and industrial wastes, water supply, and storm drainage; and
(7)
If any portion of the lot contains any portion of a floodplain, as defined by this chapter, 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 the New Britain 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 topography.
(b)
A series of cross sections running perpendicular to the center line 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 the 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.
C.
No zoning permit for any new use or construction which will involve the on-site disposal of sewage or waste and no zoning 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.
D.
Whenever the topography and vegetation is disturbed, a plan for the control of erosion and sediment and grading is required. A zoning permit is required for any fill or change in the existing grade of any land; and it shall be unlawful to disturb, modify, block, divert, or otherwise affect the overland or subsurface flow of a stream or creek or stormwater without first obtaining a zoning permit and any other applicable permits. No permits shall be required for normal agriculture or horticultural operations or where the area to be altered does not exceed 1,000 square feet (or less if required by the Bucks County Conservation District) and where the grade change does not exceed six inches in any one area and where all bare earth is properly seeded, sodded, or otherwise protected from erosion. Zoning permits for activities which also require review and approval from the Bucks County Soil Conservation District shall be issued only after approval by the Conservation District.
[Amended 5-8-2018 by Ord. No. 386]
§ 450-53 Fees.
All applicants 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 Borough, a fee in accordance with a fee schedule adopted by resolution of the Borough Council.
§ 450-54 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 the 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 one year following issuance of the permit.
§ 450-55 Certificate of occupancy.
[Amended 4-14-2015 by Ord. No. 361]
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 and the Borough Building Code[1] and all other applicable Borough regulations. 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, the Building Code, and all other applicable Borough regulations.
§ 450-56 Conditional uses.
A.
Applicability. The Borough Council shall have the power to approve or disapprove conditional uses when this chapter specifically requires the obtaining of such approval and for no other purpose.
B.
General conditions for conditional uses.
(1)
In granting a conditional use, the Borough Council shall make findings of fact consistent with the provisions of this chapter. The Borough Council shall not approve a conditional use except in conformance with the conditions and standards outlined in this chapter.
(2)
The Borough 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 herein for the proposed use. The Borough Council shall require that any proposed use and location among other things be:
(a)
In accordance with the Borough Comprehensive Plan and consistent with the spirit, purposes and intent of the applicable zoning district.
(b)
In the best interests of the Borough, the community, and the public welfare, and which shall not be a detriment to the properties in the immediate vicinity.
(c)
Suitable for the property in question and designed to be constructed, operated and maintained so as to be in harmony with and appropriate in appearance with the existing or intended character of the general vicinity.
(d)
In conformance with all applicable requirements of this chapter and all Borough ordinances.
(e)
Suitable in terms of effects on highway traffic and safety with arrangement for access adequate to protect streets from undue congestion and hazard.
(3)
The Borough Council may impose whatever conditions it deems necessary to ensure that any proposed development will secure substantially the objectives of this chapter.
(4)
The burden of proof in a conditional use application shall be on the applicant to establish that all of the conditions are in the spirit of this chapter.
C.
Application requirements. Conditional use applications shall be governed by the following:
(1)
The landowner shall make a written request to the Borough Council of New Britain Borough. The request shall contain a statement reasonably informing the Borough Council of the matters that are at issue.
(2)
The application shall be accompanied by site and building plans and other materials 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.
(3)
Fees. The applicant for any hearing on a conditional use request before the governing body shall at the time of making application pay to the Zoning Officer, for the use of the Borough, a fee in accordance with a fee schedule adopted by resolution of the Borough Council as of the adoption of this chapter, or as such schedule may be amended from time to time.
D.
Review procedures.
(1)
The Borough Council shall request an advisory opinion from the Borough Planning Commission on any application for a conditional use; the Borough Planning Commission is to submit a report of such advisory opinion prior to the date of the public hearing held by the Borough Council on the application.
(2)
The Borough Council shall hold a hearing upon the request, commencing not later than 60 days after the request is filed, unless the applicant requests or consents in writing to an extension of time.
(3)
Hearing. The Borough Council shall conduct hearings and make decisions in accordance with the following:
(a)
The parties to the hearing shall be the Borough, 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 the Borough Council. The Borough Council may require that all persons who wish to be considered parties enter appearances in writing on forms provided for that purpose.
(b)
The chairman or acting chairman 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 Borough, 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.