Perkasie City Zoning Code
ARTICLE XII
Administration
§ 186-113 Administration by Zoning Officer or Building Inspector.
The provisions of this chapter shall be administered and enforced by the Zoning Officer, who shall be appointed by the Borough Council, or by the Building Inspector or other person specifically assigned to such service by Borough Council.
§ 186-114 Powers and duties of enforcing officer.
It shall be the duty of the Zoning Officer or other assigned person and each shall have the power to:
A.
Receive and examine all applications for zoning permits.
B.
Refer zoning permit applications for all uses permitted by right or special exception as enumerated in Article V, Zoning Districts, to the Borough Manager for processing.
C.
Issue permits only where there is compliance with the provisions of this chapter and with other Borough ordinances and with the laws of the commonwealth and the federal government. Permits for construction or uses requiring a special exception or variance shall be issued only upon order of the Zoning Hearing Board. Permits requiring approval of the Borough Council shall be issued only after receipt of a recommendation from the Council.
D.
Receive applications for special exceptions and variances and forward these applications to the Zoning Hearing Board for action thereon.
E.
Following refusal of a permit, to receive applications for interpretation, appeals and variances and forward these applications to the Zoning Hearing Board for action thereon.
F.
Conduct inspections and surveys to determine compliance or noncompliance with the terms of this chapter.
H.
In addition to other remedies and with the approval of the Borough Council or when directed by it, institute any appropriate action or proceedings to prevent unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use; restrain, correct or abate such violation; 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 the premises in case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure, landscaping or land is used in violation of this chapter or of any ordinance or other regulation made under authority conferred hereby.
I.
Revoke by order a zoning permit issued under a mistake of fact or contrary to the law or the provision of this chapter.
J.
Record and file all applications for zoning permits with accompanying plans and documents. All applications, plans and documents shall be a public record.
K.
Maintain a map or maps showing the current zoning classification of all land in the Borough.
L.
Upon the request of the Borough Council, the Planning Commission or the Zoning Hearing Board, present facts, records or reports which they may request to assist them in making decisions.
§ 186-114.1 Jurisdiction for final adjudications.
The Borough Council shall have exclusive jurisdiction to hear and render final adjudications in the following matters:
A.
All applications for subdivisions and land developments pursuant to Chapter 164, Subdivision and Land Development. Any provision in Chapter 164, Subdivision and Land Development requiring that final action concerning subdivision and land development applications be taken by the Planning Commission rather than the Borough Council shall vest exclusive jurisdiction in the Planning Commission in lieu of the Borough Council for purposes of the provisions of this subsection.
§ 186-115 Duties of Manager on zoning permit applications.
A.
In the case of application for zoning permits for uses indicated in § 186-114B, the Borough Manager shall refer subject applications to the Borough Planning Commission, Borough Engineer, Zoning Officer and, when applicable, to the Borough Council and Zoning Hearing Board for signatures indicating approval or disapproval of the application.
B.
The Planning Commission shall review the application to ensure compliance with the terms of this chapter. In reviewing such applications, the Planning Commission shall follow the same procedure employed in reviewing subdivision plans. The Planning Commission shall submit its recommendations and findings to the Borough Council within 30 days of the receipt of the application from the Zoning Officer. Should the Planning Commission fail to submit a report and recommendations to the Borough Council within 30 days from receipt of the application from the Zoning Officer, the application shall be deemed acceptable to the Planning Commission.
C.
The Borough Manager will ensure that upon action by the Borough Council, the Zoning Officer and the applicant are informed of the Council's decision.
§ 186-116 Zoning permits required; approval of completed work.
A.
Hereafter no structure, except for signs stipulated in § 186-76, fences, retaining walls under four feet in height, play structures and ground-level patios not under roof made with concrete pavers or bricks, shall be erected, constructed, reconstructed, altered, moved and no building used or occupied or changed in use until a zoning permit has been secured from the Zoning Officer.
B.
Upon completion of changes in use or construction, reconstruction, alteration or moving of structures, the applicant shall notify the Zoning Officer of such completion.
C.
No certificate of occupancy, temporary or permanent, shall be issued for any new use or construction, including any new dwelling in a new development, until such time as all of the following improvements have been installed to the satisfaction of the Borough Engineer:
D.
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 have been inspected and approved as being in conformity with the provisions of this chapter.
E.
All structures for which permits have been obtained and the construction of which or a portion of which has been begun 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.
§ 186-117 Zoning permit applications.
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. The application shall include the following information:
(1)
A statement as to the proposed use of the building or land.
(2)
A site layout drawn to scale, showing the location, dimensions and height of proposed buildings, structures or uses and any existing buildings in relation 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.
(3)
The locations, dimensions and arrangements of all open spaces and yards and buffer yards, including methods to be employed for screening.
(4)
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, in accordance with § 164-41.1 of the Subdivision and Land Development chapter, shall be indicated on the plan and shall be adhered to during construction.
(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.
(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, heat, vibration, glare, air pollution, water pollution, fire hazards 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.
(13)
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.
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 a certificate of approval has been issued by the Bucks County Department of Health.
C.
From a period beginning 30 days before the public hearing on an ordinance which proposes a change in regulations, district boundaries or classifications of property until the Council shall have acted on the ordinance within the time required by statute, the Zoning Officer shall accept no application for permits within the area involved in said change for any use which would be forbidden in the proposed ordinance.
§ 186-118 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 upon the enactment of this chapter or as such schedule may be amended by resolution of the Borough Council.
§ 186-119 Expiration of permit upon failure to commence; extensions.
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 six months 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 no more than two years, provided that the construction pursuant to said permit has commenced within the first six-month period.
§ 186-120 Flood District administration.
In the case of an application for a special exception or variance related to a use or activity within the Floodplain District, refer to Chapter 94, Floodplain Management, of the Code of the Borough of Perkasie.
§ 186-121 Amendments.
§ 186-122 Initiation of amendments.
Proposals for amendment, supplement, change, modification or repeal may be initiated by Borough Council on its own motion, by the Planning Commission or by petition of one or more owners of property to be affected by the proposed amendment, subject to the following provisions:
A.
Proposals originated by the Borough Council. The Borough Council shall refer every proposed amendment, supplement, change, modification or repeal originated by the Council to the Planning Commission. Within 30 days of submission of said proposal, the Planning Commission shall submit to Borough Council a report containing Commission's recommendations, including any additions or modifications to the original proposal.
B.
Proposals originated by the Planning Commission. The Planning Commission may at any time transmit to the Borough Council any proposal for the amendment, supplement, change, modification or repeal of this chapter.
C.
Proposals originated by a citizen's petition. Each petition by one or more owners of property to be affected by a proposal for amendment, supplement, change or modification shall be signed and acknowledged and submitted in writing to the Secretary of the Borough Council. On receipt of said petition, the Borough Council shall transmit a copy of the petition to the Planning Commission. Within 30 days of its submission to the Planning Commission, the Commission shall submit to the Borough Council a report containing the Commission's recommendation, including any additions or modifications of the original proposal.
D.
The Borough shall submit each amendment to the Bucks County Planning Commission in accordance with the Pennsylvania Municipalities Planning Code.
E.
An attested copy of the proposed ordinance shall be filed in the county law library or other county office designated by the County Commissioners.
§ 186-123 Public hearing on and notice of amendment.
A.
No such amendment, supplement, change, modification or repealer shall become effective until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. Notice shall be published once each week for two successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall be not more than 30 days or less than seven days from the date of the hearing.
B.
If the proposed amendment involves a Zoning Map change, notice of said public hearing shall be conspicuously posted by the Borough at points deemed sufficient by the Borough along the perimeter of the tract to notify potentially interested citizens. The affected tract or area shall be posted at least one week prior to the date of the hearing.
C.
If, after any public hearing held upon an amendment, the proposed amendment is changed substantially or is revised to include land previously not affected by it, the Borough Council shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment.
D.
Within 30 days after enactment, a copy of the amendment to the Zoning Ordinance shall be forwarded to the Bucks County Planning Commission.
§ 186-124 Enforcement notice.
A.
The Zoning Officer is hereby authorized and directed to enforce the provisions of this section and to institute civil enforcement proceedings as provided for in § 186-125 when acting within the scope of his or her employment.
B.
If it appears that a violation of this chapter has occurred, the Zoning Officer shall initiate enforcement proceedings by sending an enforcement notice 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.
C.
An enforcement notice shall state at least the following;
(1)
The name of the owner of record and any other person against whom the Borough 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)
That the owner of record or other person against whom the Borough intends to take action has five days to commence steps to comply with this chapter and 30 days within which to complete such steps to be in compliance with this chapter, unless such times are extended in writing by the Zoning Officer, for cause shown.
(5)
That the recipient of the notice has the right to appeal to the Zoning Hearing Board within 30 days of the date of the enforcement notice or not later than the expiration of any extension granted, in writing, by the Zoning Officer.
(6)
That the failure to comply with the enforcement notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation with sanctions clearly described.
§ 186-125 Enforcement remedies.
A.
Any person, partnership or corporation who or which has violated or permitted the violation of any of the provisions of this chapter, upon being found liable therefor in a civil enforcement proceeding commenced by the municipality, shall pay a judgment of not more than $500 plus all court costs plus reasonable attorney fees incurred by the Borough as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Borough may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the District Justice determines that there was a good faith basis for the person, partnership or corporation violating this chapter to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the District Justice and thereafter each day that the violation continues shall constitute a separate violation.
B.
The Court of Common Pleas, upon petition of the defendant, may grant an order of stay, upon cause shown, tolling the per diem judgment pending a final adjudication of the violation and judgment.
C.
Nothing contained herein shall be construed or interpreted to grant to any person or entity other than the Borough the right to commence any action for enforcement pursuant to this section.
§ 186-126 Complaints of violations.
Whenever a violation of this chapter occurs, any person may file a complaint in regard thereto. All such complaints must be in writing and shall be filed with the Zoning Officer, who shall properly record such complaint and immediately investigate and report thereon to the Borough Council.
§ 186-127 Borough not liable for flood damage.
The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based upon scientific studies. Larger floods may occur on rare occasions or the flood height may be increased by man-made or natural causes, such as ice jams or bridge openings constricted by debris. In such instances, areas outside the Flood District may be subject to flooding or flood damage. This chapter shall not create liability on the part of the Borough of Perkasie or any officer or employee thereof for any flood damage that results from reliance on this chapter or any administrative decision lawfully made thereunder.
§ 186-128 Conditional use administration.
A.
Applicability. The Borough Council shall have the power to approve conditional uses when this chapter specifically requires the obtaining of such approval and for no other use or purpose.
B.
Conditions and standards. 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.
C.
General requirements and standards. The Borough Council shall grant a conditional use only if it finds adequate evidence that any proposed development 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, among other things, require that any proposed use and location be:
(1)
In accordance with the Comprehensive Plan and consistent with the spirit, purposes and the intent of this chapter.
(2)
In the best interests of the Borough, the convenience of the community, the public welfare and be a substantial improvement to the property in the immediate vicinity.
(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 Borough ordinances.
(5)
Suitable in terms of effects 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.
D.
The Borough Council may impose whatever reasonable conditions it deems necessary to ensure that any proposed development will secure substantially the objectives in this chapter.
E.
Review by the Planning Commission. The Borough Council shall request an advisory opinion from the Borough 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 Borough Council on an application.
F.
Conditional use applications shall be governed by the following:
(1)
The landowner shall make a written request to the Borough Council that it hold a hearing on his application. 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 plans and other material 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)
The Borough Council shall hold a hearing pursuant to public notice 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.
G.
The Borough Council shall conduct hearings and make decisions in accordance with the procedures set forth in § 186-104.
H.
The applicant for any hearing on a conditional use request before the Borough Council shall, at the time of making application, pay a fee in accordance with a fee schedule adopted by resolution of the Borough Council or as such schedule may be amended from time to time.
I.
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.
§ 186-129 Mediation.
Parties to proceedings authorized in this chapter may utilize mediation as an aid in completing any such proceedings in accordance with Section 908.1 of the Municipalities Planning Code.