New Britain Township
City Zoning Code
City Zoning Code
PART 30
ADMINISTRATION
§ 27-3000 Zoning Officer: Duties and Powers.
[Ord. 8-14-1995, § 3000]
The Zoning Officer(s) shall perform his/her duties in accordance with the provisions of the Pennsylvania Municipalities Planning Code, as amended.
§ 27-3001 Zoning Officer: Duties.
[Ord. 8-14-1995, § 3001]
In New Britain Township, the duties of the Zoning Office shall be performed by the Zoning Officer(s). The Code Enforcement Officer shall also perform the duties of the Zoning Office, as assigned.
§ 27-3002 Zoning Permits Required.
[Ord. 8-14-1995, § 3002]
Hereafter, no use may be established or changed; no structure shall be erected, constructed, reconstructed, altered, razed, removed: and no building used or occupied, changed in use, or changed in nonresidential use occupancy until a zoning permit has been secured from the Zoning Officer. Upon completion of changes in use or construction, reconstruction, alteration or moving 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.
§ 27-3003 Application Requirements for Zoning Permits.
[Ord. 8-14-1995, § 3003]
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 municipality and shall be filed with the Zoning Officer. The application shall include four copies of the following information:
1.
A statement as to the proposed use of the building or land.
2.
A site layout plan drawn to scale (one inch equals 100 feet or larger) 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 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 site layout plan shall, at the request of the Township, be prepared by and contain the seal of a professional engineer, land surveyor or architect registered in the Commonwealth of Pennsylvania.
4.
The location, dimensions and arrangements of all open spaces, yards and buffer yards, including methods to be employed for screening.
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.
The dimensions, location and methods of illumination for signs, if applicable.
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 storm drainage. Provisions for stormwater management shall be made in compliance with the New Britain Township Subdivision and Land Development Ordinance [Chapter 22].
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 producing noise, glare, air pollution, fire hazards, traffic congestion or other safety hazards.
11.
Description of methods to be employed in controlling any excess noise, air pollution, smoke, fumes, water pollution, fire hazards or other safety hazards.
12.
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.
13.
The site layout plan shall indicate 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, as detailed in the Subdivision and Land Development Ordinance [Chapter 22], shall be indicated on the plan and shall be adhered to during construction.
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.
§ 27-3004 Fees and Escrow Deposits.
[Ord. 8-14-1995, § 3004]
All applicants for zoning permits, special exceptions, conditional uses 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. In addition, an escrow deposit may be required. The escrow deposit requirements shall be set from time to time by resolution of the Board of Supervisors.
§ 27-3005 Life of a Permit.
[Ord. 8-14-1995, § 3005]
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.
§ 27-3006 Use and Occupancy Certificates.
[Ord. 8-14-1995, § 3006; as amended by Ord. 2017-06-07, 6/5/2017; and by Ord. No. 2018-09-03, 9/17/2018]
a.
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 or changed in nonresidential occupancy, until the owner or authorized agent has been issued a use and occupancy certificate (also known as 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.
b.
No use and occupancy certificate shall be issued until the proposed zoning use of the premises in question has been reviewed and found by the Zoning Officer to be in compliance with this chapter.
c.
The issuance of a use and occupancy certificate in no way absolves the owner or authorized agent from compliance with the intent of this chapter.
§ 27-3007 Condition Uses; Applicability.
[Ord. 8-14-1995, § 3007]
The Board of Supervisors shall have the power to approve conditional uses when this chapter specifically requires the obtaining of such approval and for no other purpose.
§ 27-3008 General Conditions for Conditional Uses.
[Ord. 8-14-1995, § 3008]
a.
In granting a conditional use, the Board of Supervisors shall make findings of fact consistent with the provisions of this chapter. The Board of Supervisors shall not approve a conditional use except in conformance with the conditions and standards outlined in this chapter.
b.
The Board of Supervisors 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 Board of Supervisors shall, among other things, require that any proposed use and location be:
1.
In accordance with the Township Comprehensive Plan;
2.
In the best interests of the Township, the convenience of the community, the public welfare;
3.
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;
4.
In conformance with all applicable requirements of this chapter and all Township ordinances;
5.
Suitable in terms of effect on highway traffic and safety with adequate access arrangements to protect streets from undue congestion and hazard;
6.
In accordance with sound standards of subdivision and land development practice where applicable; and
7.
In accordance with the specific standards and criteria of this chapter.
c.
In addition to the requirements specified in this chapter, the applicant shall provide information necessary for the Board of Supervisors to make its evaluation.
d.
The Board of Supervisors 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 the Board of Supervisors on an application. The Planning Commission may request a report from the Township Engineer.
§ 27-3009 Application Requirements for Conditional Use.
[Ord. 8-14-1995, § 3009]
Conditional use applications shall be governed by the following:
a.
The landowner shall make a written request to the Board of Supervisors that it hold a hearing on his application. The request shall contain a statement reasonably informing the Board of Supervisors of the matters that are in issue.
c.
The Board of Supervisors 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.
§ 27-3010 Review Procedures for Conditional Uses.
[Ord. 8-14-1995, § 3010]
The Board of Supervisors shall conduct hearings and make decisions in accordance with the procedures set forth in this chapter and the Pennsylvania Municipalities Planning Code for special exceptions.