Newtown City Zoning Code
ARTICLE IX
Administration
§ 550-53 Zoning Officer.
[Amended 11-10-2020 by Ord. No. 773]
The provisions of this chapter shall be administered and enforced by the Zoning Officer, with the aid of Borough Council and police department, and who shall be appointed by the Borough Council and shall hold no elective office in the Borough. It shall be the duty of the Zoning Officer, and he/she is hereby given the power and authority to:
A.
Receive and examine all applications for zoning permits; and to require in the Zoning Officer's discretion, that any application be accompanied by a survey plan or other sealed plan related to the application.
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 ordinance, and with the laws and regulations of the county, commonwealth and federal governments. Permits for construction of uses required 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. The Zoning office or his/her representative may enter any Borough property ,provided that the property owner receives prior notification, or seek permission from the appropriate governmental authorities for entry in accordance with Subsection O.
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 Officers 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.
The Newtown Borough Zoning Officer, and/or any duly authorized representative or agent thereof, shall have the power and duty to inspect and conduct surveys of all buildings, structures, premises, signs, lots, and parcels of land for the purposes of inspecting, determining compliance and/or enforcing the terms and conditions of this chapter. In carrying out such duties, the Zoning Officer or his/her representative may enter upon any land, building or structure with the consent of the owner or occupant thereof. In the event that access is denied, the Zoning Officer may apply to obtain an administrative search warrant in the time and manner prescribed by law to search the subject building, structure, premises, sign or lot for the purposes set forth in this chapter. In the event the Zoning Officer is denied access to any building structure, premises, sign or lot following the proper issuance of an administrative search warrant, the Zoning Officer may institute any and all appropriate civil enforcement proceedings.
§ 550-54 Zoning permit and other permits and approvals required.
[Amended 4-10-2012 by Ord. No. 724; 8-13-2024 by Ord. No. 803]
A.
Subdivision and/or land development approval may be required before a use permit is issued. Certain uses may require approval from the Zoning Hearing Board as special exceptions or variances, or from Borough Council for conditional use, in which case the Zoning Hearing Board or Borough Council approval shall be received prior to the granting of a zoning use permit or subdivision/land development approval. The definition of "land development" found in the Act and Chapter 486, Subdivision and Land Development, shall be used in determining uses or changes that require land development approval.
B.
Use permits.
(1)
Requirements of use permits. It shall be unlawful for any person to make any use of any building or other structure or land until a use permit has been duly issued therefor. Use permits shall be required prior to any of the following:
(a)
Use of any building or other structure hereinafter erected, reconstructed, changed, improved, or enlarged for which a building permit or frontage improvement permit is required;
(b)
Change in use of any building or structure;
(c)
Use of land or change in the uses thereof, except that the placing of vacant land under cultivation shall not require a use or occupancy permit;
(d)
Change in use or expansion of a nonconforming use.
(2)
Application for use permits. All applications for use permits shall be made to the Zoning Officer in writing on forms furnished by the Borough and shall include all information necessary to enable the Zoning Officer to ascertain compliance with this chapter. Whenever the use of a premises involves a new building or structure or alterations to an existing structure, application for a use permit shall be made prior to application for a building permit. When no construction or alteration is involved, application for a use permit and an occupancy permit may be made simultaneously at any time prior to the use or occupancy of the structure or land.
(3)
Issuance of use permits. No use permits shall be issued until the Zoning Officer has certified that the proposed use of land or existing or proposed building or structure complies with the provisions of the applicable zoning district and other provisions of this chapter. Issuance of a use permit does not permit occupancy; an occupancy permit is also required.
(4)
The Zoning Officer may require any of the following information to be provided:
(a)
Statement as to the proposed use of the building, structure or land;
(b)
A site layout showing the location, dimensions, and height of proposed buildings or uses and any existing buildings in relation to property and street lines;
(c)
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.
(d)
The location, dimensions, and arrangements of all open spaces, yards and buffer yards, including methods to be employed for any required screening.
(e)
Provisions to be made for treatment and disposal of sewage and industrial wastes, water supply, and storm drainage.
(f)
The capacity and arrangement of all buildings used or intended to be used for dwelling purposes, including the proposed density.
(g)
A description of methods to be employed in controlling any excess noise, air pollution, smoke, fumes, water pollution, fire hazards, and other safety hazards.
(h)
Wherever the topography and vegetation are to be disturbed, a plan for the control of erosion and sediment and grading is required. It shall be unlawful to pave, fill, strip or change the existing grade of any land; and it shall be unlawful to disturb, modify, divert, block, or affect the natural overland or subsurface flow of stormwater within the Borough without first securing approval from the Bucks County Conservation District (if applicable), the Borough Engineer, land development approval (if applicable), and a zoning permit.
C.
Frontage improvement, stormwater management, and impervious surface permits.
(1)
Requirement of frontage improvement permit. It shall be unlawful for any person to make any frontage improvement to any structure or lot until a frontage improvement permit has been duly issued therefor. A frontage improvement permit is required prior to any one of the following activities:
(a)
Installing, altering, constructing, repairing or replacing any existing or proposed curb.
(b)
Installing, altering, constructing, repairing or replacing any existing or proposed sidewalk.
(c)
Installing, altering, constructing, repairing or replacing any existing or proposed driveway apron from the street line to the right-of-way line.
(d)
Installing, altering, constructing, repairing or replacing any existing or proposed retaining wall wholly or partially within or adjacent to the right-of-way.
(2)
Requirement of stormwater management permit. It shall be unlawful for any person to make any stormwater drainage improvement to any structure or lot until a stormwater management permit has been duly issued therefor. A stormwater management permit is require prior to any of the following activities:
(a)
Installing, altering, constructing, repairing or replacing any stormwater drainage improvement, but not including gutters attached to a building or structure.
(b)
Installing or adding more than 500 square feet, whether initially or cumulatively, of new impervious surface to any lot, including but not limited to driveways, walkways or other concrete slabs.
(3)
Impervious surface permit. Except as provided in this Subsection C, it shall be unlawful for any person to install or add up to 500 square feet of new impervious surface to any lot until an impervious surface permit has been duly issued therefor.
(a)
If any proposed activity requiring an impervious surface permit would also require a frontage improvement and/or stormwater management permit, only a frontage improvement and/or stormwater management permit is required.
(4)
Applications for frontage improvement, stormwater management and impervious surface permits.
(a)
All applications for frontage improvement, stormwater management and impervious surface permits shall be made to the Zoning Officer, in triplicate, on a form provided by Newtown Borough; and shall be accompanied by the name and address of the contractor who is going to install the proposed improvements. The application shall include a plot plan of the property, showing in detail the improvements to be installed on the said property, including, but not limited to:
[1]
The location, width, manner and type of construction of the sidewalk, curb, retaining wall, driveway, walkway or any other similar improvement on the property and in front of the property where relevant.
[2]
All stormwater drainage improvements, impoundments, pipe size, drainage swales, ditches, pipes, etc., including the size and type proposed to be put at any location on the property.
[3]
The grading of the property.
(5)
Fees. The applicant shall pay such fees as are required in the Schedule of Fees as may be amended from time-to-time by resolution of Borough Council.
(6)
Issuance of permits. All frontage improvement and stormwater management permits shall be issued by the Zoning Officer after review by the Borough Engineer. All impervious surface permits, where required, shall be issued by the Zoning Officer.
(7)
No occupancy permit shall be issued for any proposed activity until the work is approved by the Borough Engineer or Zoning Officer, as applicable.
(a)
The improvements shall be inspected and approved by the Borough Engineer or Zoning Officer, where applicable. The applicant and/or contractor doing the work is required to notify the Borough Engineer and Zoning Officer at least 48 hours before any work is started in connection with the installation of the improvements.
(b)
The Zoning Officer shall not issue an occupancy permit for the structure or use until he receives a letter or certificate from the Borough Engineer stating that the facilities have been completed and installed in a satisfactory manner in compliance with the terms of the application that has been filed.
D.
Building permits. All requirements of the Newtown Borough Building Code shall be followed.
(1)
Building without permit unlawful. No building permit shall be issued unless a use permit has been approved or issued or determined by the Zoning Officer not to be required. It shall be unlawful for any person to commence work for the erection, alteration, or enlargement of any building, structure, or portion thereof until a zoning review, use permit (if required) and a building permit have been duly issued.
(2)
Permits within the Historic District. For any erection, alteration, or enlargement of any building or other structure, or portion thereof, within the Historic District, the permit application shall first be processed in accordance with the provisions of Chapter 314, Historic Districts, as amended, of the Newtown Borough Code of Ordinances pertaining to the Historic District prior to the issuance of a building permit.
(3)
Application for building permits. All applications for building permits shall be made to the Borough in writing on a form furnished by the Borough and shall be accompanied by a plot plan drawn accurately showing the exact size and location of any buildings or other structures existing on the lot in question within which the proposed building or other structure shall be erected, altered or enlarged. There shall in addition be included with all applications such other plans, documents, and information as may be necessary to enable the Building Inspector to ascertain compliance with the Newtown Borough Building Code.
(4)
Issuance of building permits.
(a)
A building permit shall not be issued until the Building Inspector and Zoning Officer have certified that the proposed building, structure, alteration or enlargement complies with the provisions of this chapter, the Building Code, and other applicable codes and ordinances.
(b)
A building permit application for any new use or construction or for a change in use or an alteration which will result in an increased volume of sewage or waste to be disposed of shall not be issued until a certificate of approval has been issued by the Newtown, Bucks County, Joint Municipal Authority.
(c)
Documentation of adequate capacity and hookup for public water and sewer must be provided to the Borough before a building permit will be issued.
(d)
All applications for a building permit shall be acted upon by Newtown Borough within 90 days from the date a complete application with payment of all fees is received by Newtown Borough.
(e)
Upon completion of the erection, alteration or enlargement of any building, structure or portion thereof, authorized by any building permit obtained in compliance with this chapter and prior to occupancy, the holder of such permit shall notify the Building Inspector of such completion. Until the inspector completes his inspection and approval, the building will not be considered complete and the Zoning Officer will not approve for occupancy, as hereinafter provided. A building permit that has not become vested in the applicant shall be valid only for a period of one year from the date of its issuance.
E.
Occupancy permits.
(1)
Requirement of occupancy permits. It shall be unlawful for any person to occupy any building or other structure or land under any of the conditions listed below until an occupancy permit has been duly issued therefor. Occupancy permits shall be required prior to any of the following:
(a)
Initial occupancy of any building space or other structure intended for occupancy hereinafter erected, altered or enlarged for which a building permit is required.
(b)
Change in use of any building or structure.
(c)
Change in occupancy of any building or structure in any commercial or industrial building.
(d)
Change in use or expansion of a nonconforming use.
(2)
Application for occupancy permits. All applications for occupancy permits shall be made to the Zoning Officer in writing on forms furnished by the Borough and shall include all information necessary to enable the Zoning Officer to ascertain compliance with this chapter. When use of premises involves a new building or structure, application for a use permit, then a building permit shall be made prior to application for an occupancy permit.
(3)
Issuance of occupancy permits.
(a)
No land or building or structure erected pursuant to obtaining a use permit and/or a building permit shall be occupied until inspected and certified as to compliance with all zoning, erosion and sedimentation control, final grading, construction, safety, and sanitary ordinances, codes, and regulations, and until an occupancy permit has been issued by the Zoning Officer. Prior to, and as a condition of, the issuance of an occupancy permit for new residential construction, the Borough shall require that all conditions of any subdivision or land development, including but not limited to recording of all plans and easements, shall have been completed to the satisfaction of the Borough.
(b)
An occupancy permit shall not be issued by the Zoning Officer until the Zoning Officer has received letters from authorized representatives of the Newtown Artesian Water Company, the Newtown, Bucks County, Joint Municipal Authority, and the Municipal Fire Inspector, certifying compliance with all of their respective requirements and payment of all fees and costs for all necessary permits and inspections.
(4)
Issuance of temporary occupancy permits. A temporary use or occupancy permit may be granted for a period not to exceed 90 days prior to the completion of construction, provided that all structural work is completed, all permits relating to sewage and water have been obtained and filed with Newtown Borough and all permit fees have been paid; and provided further that the person seeking the temporary use and occupancy permit posts with Newtown Borough, pursuant to an escrow agreement in a form satisfactory to the Borough Solicitor, sufficient funds to complete the construction, grading, and all other required improvements. The Building Inspector and Zoning Officer must approve all temporary occupancy permits.
G.
Demolition permit.
(1)
Requirement for demolition permit. No building or other structure may be demolished without first securing a demolition permit. It shall be unlawful for any person to commence the demolition of any building, structure, or portion thereof until a permit has been duly issued therefor.
(2)
Application for demolition permit. An application for a demolition permit shall be made to the Borough Building Inspector, in writing, on a form furnished by the Borough. The Borough shall send a copy of the demolition permit application to the Newtown Joint Historic Commission and, if required, to the Historic Architectural Review Board.
(3)
Issuance of demolition permit.
(a)
The Building Inspector shall hold any application for a permit to demolish a building for a period not exceeding 30 days from the date of the application. During the thirty-day period, the applicant shall permit Newtown Borough and/or its duly authorized Historic Commission and/or such consultants as are experts in the fields of architectural restoration, structural engineering, and like fields as the municipality or the Historic Commission sees fit, to enter upon and inspect the structure to be demolished to assess its historical significance. If the application is for a property which is found to be on the National Register of Historical Places or is found to be eligible for registration on the National Register of Historical Places, the application shall be held for an additional 60 days to permit time to investigate how the property may be preserved.
(b)
If historically significant features are discovered, e.g., stairways, decorative trim paneling, beams, etc., during the period the application is held, the applicant shall cooperate with the municipality in permitting these features to be removed for preservation before the building is demolished. When used in this section, the word "demolish" or "demolition" shall mean to alter a structure by rendering it unfit for use to such an extent that repair is not feasible or is so costly as to be economically prohibited.
(c)
Emergency permits for demolition may be issued upon approval by the Building Inspector and Borough Engineer if a building must be demolished immediately for health or safety reasons.
H.
Fence permit. No fence may be constructed, altered, extended, or reconstructed without first securing a permit. Except as modified in this subsection, the application process shall be governed by the provisions of § 550-54B pertaining to use permits, and the standards for any fences to be constructed, altered, extended or reconstructed shall be those standards for fences as set forth in this chapter. No fence permit is required for repairs or maintenance.
[Amended 7-13-2010 by Ord. No. 705]
§ 550-55 Expiration of special exceptions and variances.
A special exception or variance shall expire if the applicant fails to obtain a use permit within six months of the date of the granting of the special exception or variance; provided, however, that:
A.
If the subject matter of the use ultimately constitutes either a subdivision or land development, the special exception or variance shall expire if the applicant fails to file the required subdivision or land development plan within six months of the granting of the special exception or variance; provided, however, that the applicant shall have six months after the final linen plans of the subdivision or land development are approved and recorded to obtain a use permit.
B.
The Borough Council may grant one extension of time if the landowner or his agent requests such an extension, and if good cause for the extension is shown; provided, however, that the extension shall be for no more than one year.
§ 550-56 Fees.
A.
The fees for each permit shall be in accordance with the permit Fee Schedule adopted by resolution by the Borough Council from time to time.
B.
In the event that an applicant shall commence construction, demolition, or any other action without first obtaining all required permits and all necessary certificates of appropriateness, the amounts of the permit fees, as otherwise established by the Fee Schedule adopted by resolution of the Borough Council, shall be increased to the greater of a) $100, or b) an amount equal to double the original application fees which were to have been paid for building permits and zoning permits, as required; plus any costs incurred by the Borough, including legal, engineering, and administrative costs in securing compliance.
§ 550-57 Conditional uses.
A.
Applicability. Borough Council has the power to approve or disapprove conditional uses when this chapter specifically requires the obtaining of such approval.
B.
Conditions for approval.
(1)
In granting conditional uses, 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)
Borough Council shall grant a conditional use only if it finds adequate evidence that any proposed development submitted will meet all the following general requirements as well as any specific requirements and standards listed herein for the proposed use:
(a)
The proposed development shall be in accordance with the community objectives of the Borough and consistent with the purpose and intent of the applicable zoning district.
(b)
The proposal shall not be detrimental to the property in the immediate vicinity and which shall be in the best interests of the Borough, the benefit of the community, and the public welfare.
(c)
The proposal shall be 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.
(d)
The proposal shall be in conformance with all applicable requirements of this chapter and all other municipal ordinances.
(e)
The proposal shall not result in traffic congestion or traffic safety problems.
(3)
The burden of proof in a conditional use application shall be on the applicant to establish that all of the conditions are met and in keeping with the intent of this chapter.
(4)
Where an applicant requires subdivision or land development approval in addition to conditional use approval, the applicant has the option to file those applications simultaneously or to file the application for conditional use first and process it to conclusion without first filing subdivision or land development plans. Approval of both conditional use and subdivision/land development and, where applicable, a certificate of appropriateness for uses in the Historic District shall be required before the issuance of a use, building, occupancy or zoning permit.
C.
Application requirements.
(1)
The applicant shall make a written request to the Borough Council, stating the use applied for.
(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 Borough Council 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 may be amended from time to time.
(4)
The applicant shall provide written notification to all property owners within 300 feet of the property subject to the conditional use hearing and shall provide proof of such notice at the conditional use hearing.
D.
Review procedures.
(1)
The Borough Council may impose whatever conditions it deems necessary to insure that any proposed development will comply substantially with the objectives of this chapter.
(2)
The Borough Council may request an advisory opinion from the Borough Planning Commission and the Bucks County Planning Commission on any application for a conditional use. Any such advisory opinion, if requested by Council, shall be submitted prior to the date of the public hearing held by the Borough Council on the application.
(3)
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; and shall comply with any other time requirements imposed by the Act.
(4)
Public notices shall be given and written notice shall be given to the applicant, the Zoning Officer and to all persons who shall own property within 300 feet of any property which shall be subject of an application before Borough Council. The applicant shall provide proof that the notice was given to the property owners within 300 feet of the subject property at least one week prior to the hearing.
[Amended 11-10-2020 by Ord. No. 773]
(5)
Appeals to court. Any person aggrieved by a decision of the Newtown Borough Council on a conditional use application may, within 30 days after such decision by the Council, file a written appeal to the Court of Common Pleas of Bucks County. Such appeals shall be made in accordance with the Act.
E.
Hearing. The Borough Council shall conduct hearings and make decisions in accordance with the following:
(1)
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.
(2)
The President of Council or Acting President shall have the power to administer oaths to witnesses.
(3)
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.
(4)
Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded.
(5)
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.
(6)
The Borough Council shall commence, conduct and complete the required hearing in the manner provided in § 550-64C of this chapter and Section 908(1.2) of the Act.[1] The Borough Council shall render a written decision on the application and communicate it to the applicant in the manner provided in § 550-64K of this chapter and Section 913.2(b)(1) of the Act.[2] Where the Borough Council fails to render the decision within the period required by this subsection or fails to commence, conduct or complete the required hearing as provided in this subsection, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed, in writing or on the record, to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the Borough Council to meet or render a decision as hereinabove provided, the Borough Council shall give public notice of the decision within 10 days from the last day it could have met to render a decision in the same manner as required by § 550-64A of this chapter. If the Borough Council shall fail to provide such notice, the applicant may do so.
(7)
Appeals to Court. Any person aggrieved by a decision of the Newtown Borough Council on a conditional use application may, within 30 days after such decision, file a written appeal to the Court of Common Pleas of Bucks County. Such appeals shall be made in accordance with the Act.
§ 550-58 Historic Architectural Review Board.
Uses or activities within the Historic District that are subject to review by the Newtown Borough Historic Architectural Review Board (HARB) shall receive a certificate of appropriateness from Council prior to receiving a zoning permit. Any use or activity that requires subdivision, land development, or zoning hearing board approval shall receive such approval prior to appearing before the HARB.