Nockamixon Township
City Zoning Code
City Zoning Code
ARTICLE XII
Administration
§ 234-95 Enforcement.
[Amended 4-17-2007 by Ord. No. 129]
The provisions of this chapter shall be administered and enforced by the Zoning Officer who shall be appointed by the Board of Supervisors. It shall be the duty of the Zoning Officer and he is hereby given the power and authority to:
A.
Receive all applications for zoning permits; issue permits when there is compliance with the provisions of this chapter, other Township ordinances and with the laws of the commonwealth.
B.
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.
C.
Receive applications for permits for construction and use which are a special exception to the requirements of this chapter and which shall be issued only upon order of the Zoning Hearing Board.
D.
Conduct investigations to determine compliance with the terms of-this chapter.
E.
Institute civil enforcement proceedings as a means of enforcement when acting within the scope of his/her employment.
F.
Keep a permanent record of all plans and applications for permits and all permits issued with the notation as to special conditions attached thereto.
G.
Maintain a map or maps showing the current zoning classifications of all land in the Township.
H.
Present such facts, records and any similar information to the Planning Commission, Zoning Hearing Board or Board of Supervisors upon their request.
I.
Enter upon any property in conducting any investigation or pursuant to any enforcement proceeding; and obtain an administrative warrant to gain entry thereon when denied by the owner and/or occupant of any property.
§ 234-96 Zoning permit requirements.
[Added 11-9-1994 by Ord. No. 79; amended 5-18-2004 by Ord. No. 115]
A.
A zoning 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 change in use of a building or land and prior to the change or extension of a nonconforming use. A zoning permit shall not be required for the re-sale or subsequent transfer of a single-family dwelling; for alterations when there is no increase in floor area and there is no change in use; general maintenance work; painting; tilling soil; raising animals; constructing ponds; constructing steps or fences; landscaping; or driveway improvements.
B.
It shall be unlawful for any person to improve or use any lot, tract or parcel of land for any use other than one single-family residence, agricultural building and uses accessory thereto (as provided under §§ 234-17.A and .D, and 234-24.A through .H) without having first obtained land development approval or a waiver thereof if the proposed improvement and/or use also requires subdivision and/or land development approval pursuant to Chapter 196 of the Nockamixon Township Code of Ordinances, the Nockamixon Township Subdivision and Land Development Ordinance, as amended. No zoning permit or building permit shall be issued for any use or improvement requiring approval under Chapter 196, as amended, until land development approval or a waiver thereof has been obtained from the Board of Supervisors.
C.
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. 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 three years, provided that the construction pursuant to said permit has commenced within the first one-year period.
§ 234-97 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 may require any of the following information to be provided:
(1)
Statement as to the proposed use of the building or land.
(2)
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.
(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.
(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.
(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.
(8)
Wherever the topography and vegetation are to be disturbed, a plan for the control or 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 Township without first securing a zoning permit. No permits shall be required for normal agricultural operations or where the area to be stripped does not exceed 1,000 square feet and where the grade change does not exceed six inches in any one area and all bare earth is properly seeded, sodded or otherwise protected from erosion.
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 or 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.
C.
No permit for any new use or construction which will involve the on-site water supply and no permit for a change in use or an alteration which will result in an increased water usage shall be issued until the requirements of Article XIV of the Nockamixon Township Zoning Ordinance have been met.
[Amended 9-21-2023 by Ord. No. 174]
D.
Permits for junkyards.
[Added 2-13-2001 by Ord. No. 103]
(1)
The Zoning Officer shall not issue a permit for any new use as a junkyard (G-10) until:
(a)
The Zoning Officer has received from the junkyard written documentation of the junkyard's means of disposal of anti-freeze, gasoline, oil and other fluids from any machinery, vehicles or parts thereof to be stored in the junkyard;
(b)
The Zoning Officer has received evidence of a contract between the junkyard operator and a facility approved by the Pennsylvania Department of Environmental Protection, providing for the disposal of such fluids or evidence that the Pennsylvania Department of Environmental Protection has approved of some other means of disposal; and
(c)
The Zoning Officer has conducted an inspection of the junkyard to ensure that it complies with the provisions of this Zoning Ordinance.
(2)
No permit for use as a junkyard (G-10) shall be issued for more than one year. A permit for a junkyard use may be renewed annually upon application by the junkyard operator and reauthorization by the Zoning Officer. Prior to renewal of a junkyard zoning permit, the junkyard operator shall submit to the Zoning Officer written documentation establishing that:
(a)
All fluids have been disposed of in the manner required by the zoning permit;
(b)
The fence or wall enclosing the junkyard is in good repair and neatly maintained;
(c)
All other requirements for the G-10 use are being met;
(d)
The junkyard is not in violation of any of the codified ordinances of the Township or of any state or federal laws or regulations; and
(e)
No enforcement notices from any local, state or federal agency are outstanding against the junkyard.
§ 234-98 Issuance of permits and occupancy certificates.
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. 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.
§ 234-99 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 or other requested action 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.
§ 234-100 Enforcement notices.
A.
If it appears to the Township that a violation of this chapter has occurred, the Township shall initiate enforcement proceedings by sending an enforcement notice as provided herein. 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 this chapter.
(4)
The date before which the steps for compliance must be commenced and the date before which the steps must be completed.
(5)
That the recipient of the notice has the right to appeal to the Zoning Hearing Board within a prescribed period of time in accordance with procedures set forth in this chapter.
(6)
That failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation.