Plumstead Township City Zoning Code
PART 28
ADMINISTRATION, CONDITIONAL USES AND TRANSFERABLE DEVELOPMENT RIGHTS
§ 27-2801 Zoning Officer; Duties and Powers.
[Ord. 01-09-18-1, 9/18/2001, § 2800]
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 to perform the following duties:
A.
Receive and examine all applications for zoning permits.
B.
Issue permits only for construction and uses that are specified in this chapter. The Zoning Officer shall issue no permit for the construction or use of any land and buildings unless it conforms to all Township ordinances and the laws of the Commonwealth of Pennsylvania.
C.
Record and file all applications for permits with any accompanying plans and documents. All plans, applications and documents shall be a public record.
D.
Receive and forward to the Zoning Hearing Board all applications for special exceptions or variances to the terms of this chapter. Construction and uses that require special exceptions or variances shall be issued zoning permits only upon order of the Zoning Hearing Board.
E.
Receive applications for conditional uses and zoning changes, forwarding requests to the Board of Supervisors, Planning Commission and other reviewing agencies.
F.
Make such reports as the Board of Supervisors may specify.
G.
To revoke, by order, a zoning permit issued under a mistake of fact or contrary to the law or the provisions of this chapter.
H.
Following refusal of a permit, to receive applications for interpretation, appeals and variance, which will be forwarded to the Zoning Hearing Board.
J.
Conduct inspections and surveys to determine compliance or noncompliance with the terms of this chapter.
K.
Maintain a map showing the current zoning classifications of all land.
L.
Prepare and maintain a list of nonconforming uses as registered by property owners.
M.
Enforcement Notices. 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. 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 that 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.
§ 27-2802 Zoning Permits Required.
[Ord. 01-09-18-1, 9/18/2001, § 2801; amended by Ord. 2010-09, 11/3/2010, Art. XI; and by Ord. No. 2023-02, 2/14/2023]
No use may be established or changed; no structure may be erected, constructed, reconstructed, altered, razed, or removed; no building may be used or occupied, changed in use, or changed in nonresidential use occupancy; and no property or site may be altered, graded, disturbed or cleared of trees until a zoning permit has been secured from the Zoning Officer and as approved by the Township's hydrogeologist and/or Township Engineer, when applicable. 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 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. No zoning permit shall be issued to an owner or property which is the subject of an unresolved zoning violation notice and/or an unresolved conservation easement violation. No zoning permit will be issued for properties where there is a conservation easement, deed restriction, covenant, and/or easement recorded against the property that prohibits the use and/or structure applied for.
§ 27-2803 Application Requirements for Zoning Permits.
[Ord. 01-09-18-1, 9/18/2001, § 2802; amended by Ord. No. 2023-02, 2/14/2023]
1.
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 Township and shall be filed with the Zoning Officer. The application shall be signed by the owner and applicant. The application shall include two copies of the following information. Where the applicant has submitted subdivision or land development plans that show the information requested below, these plans shall be adequate to meet the zoning permit application requirements.
A.
A statement as to the proposed use of the building or land.
B.
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.
D.
The location, dimensions and arrangements of all open spaces, yards and buffer yards, including methods to be employed for screening.
E.
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.
F.
The dimensions, location and methods of illumination of signs, if applicable.
G.
The location and dimensions of sidewalks and all other areas to be devoted to pedestrian use.
H.
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 Plumstead Township Subdivision and Land Development Ordinance (Chapter 22) and Stormwater Management Ordinance (Chapter 26, Part 1).
I.
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.
J.
A description of any proposed industrial or commercial operation in sufficient detail to indicate effects of those operations in producing noise, glare, air pollution, fire hazards, traffic congestion, or other safety hazards.
K.
Description of methods to be employed in controlling any excess noise, air pollution, smoke, fumes, water pollution, fire hazards, or other safety hazards.
L.
Any other data deemed necessary by the Zoning Officer to enable the Officer to determine the compliance of the proposed use with the terms of this chapter, including but not limited to evidence of compliance with all federal, state, county or other permit requirements.
M.
Applications made for properties that are subject to a conservation easement, deed restriction, covenant, and/or easement recorded against the property shall include that documentation with the application.
2.
No permit for any new use or construction that will involve the on-site disposal of sewage or waste and no permit for a change in use or an alteration that 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 and the Pennsylvania Department of Environmental Protection.
3.
No permit for any new use, change in use, construction, and/or alteration that will result in an increased volume of sewage or waste disposal to the public sanitary sewer system shall be issued until approval has been granted by the Bucks County Water and Sewer Authority.
§ 27-2804 Fees and Escrow Deposits.
[Ord. 01-09-18-1, 9/18/2001, § 2803]
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.[1] In addition, an escrow deposit may be required. The escrow deposit requirements shall be set by resolution of the Board of Supervisors.
[1]
Editor's Note: The current Fee Schedule is on file in the Township offices.
§ 27-2805 Life of a Permit.
[Ord. 01-09-18-1, 9/18/2001, § 2804]
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.
§ 27-2806 Certificate of Occupancy.
[Ord. 01-09-18-1, 9/18/2001, § 2805]
1.
No structure that has been 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 certificate of occupancy by the Zoning Officer indicating that the building or use complies with the terms of zoning as provided in this chapter.
2.
No certificate shall be issued until the premises in question have been inspected and found by the Zoning Officer to be in compliance with this chapter.
3.
The issuance of a certificate of occupancy in no way absolves the owner or authorized agent from compliance with the intent of this chapter.
§ 27-2807 Conditional Uses; Applicability.
[Ord. 01-09-18-1, 9/18/2001, § 2806]
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.
§ 27-2808 Conditional Use Standards.
[Ord. 01-09-18-1, 9/18/2001, § 2807]
1.
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 when it is in conformance with the conditions and standards outlined in this chapter.
2.
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 require that any proposed use and location meet the following requirements:
A.
Use must 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.
B.
Use must be in conformance with all specific standards and applicable requirements of this chapter. Applicants must demonstrate that the proposed use will meet all chapter requirements.
C.
Any impact study required by this chapter under Part 23 shall be submitted for review with the conditional use application. If an applicant seeks relief from the preparation of any impact study, this relief must be sought prior to the conditional use application. The sixty-day time period shall begin upon the submission of a complete application for a conditional use, including all required impact studies.
D.
Plan must be in accordance with sound standards of subdivision and land development practice.
E.
Plan must be consistent with the Township's Act 537 plan for wastewater.
F.
Plan must be consistent with the Township Comprehensive Plan and with the Bucks County Comprehensive Plan policies.
G.
Plan must demonstrate that the applicant has conducted a thorough site analysis and evaluation of the natural features on the site and in surrounding areas. The plan shall demonstrate that the proposed development has resulted from an assessment of site features and resources and that the minimum disturbance to natural features has been proposed. The features to be considered are:
(1)
Topography.
(2)
Drainage patterns.
(3)
Natural features, floodplains, wetlands, lakes, ponds, forests.
(4)
Vegetation.
(5)
Surrounding land uses.
(6)
Soils and geologic features.
(7)
Historic buildings on the site.
(8)
Road conditions and access.
(9)
Open space considerations, Township and county open space plans and natural areas inventories.
H.
Any proposed land use which would have a regional impact and significance shall evaluate the regional impact of the proposed project with respect to its impact on the Township, surrounding municipalities, and the County of Bucks.
[Amended by Ord. 2010-09, 11/3/2010, Art. XI]
3.
In addition to the requirements specified in this chapter, the applicant shall provide all other information necessary for the Board of Supervisors to make its evaluation.
4.
Review by the Planning Commission. The Board of Supervisors shall request an advisory opinion from the Planning Commission on any application for a conditional use. The Planning Commission shall submit a report of such advisory opinion prior to the date of the public hearing held by the Board of Supervisors on an application.
§ 27-2809 Application Requirements for Conditional Uses.
[Ord. 01-09-18-1, 9/18/2001, § 2808]
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.
B.
The application shall be accompanied by the following plans and other materials. It is not the intent of this chapter to require a fully engineered subdivision or land development plan to be prepared for the purpose of evaluating the conditional use application, unless the applicant chooses to do so. If deemed necessary by the Township, the plan shall be prepared by and contain the seal of a professional engineer, land surveyor or architect registered in the Commonwealth of Pennsylvania.
(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, lots, structures or uses; any existing buildings; existing and proposed property and street lines; and the size of tract to be developed.
(3)
General information on natural resources on the property.
(4)
The location and arrangement of proposed streets and parking areas, and pedestrian paths, if applicable.
(5)
Statement regarding the provision of water and sewer services to the property.
(6)
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.
(7)
For residential properties, the proposed number of dwelling units.
(8)
A description of any proposed industrial or commercial operation in sufficient detail to indicate how the operation may affect surrounding properties.
C.
The Township may review the conditional use application simultaneously with any required subdivision or land development application, within their sole discretion, provided that the applicant has submitted the required plans and materials needed to satisfy the subdivision and/or land development requirements.
D.
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.
E.
Upon the filing of a conditional use application, the applicant and/or landowner shall be subject to any rules and regulations adopted by the Board of Supervisors by separate resolution governing the conduct of the hearing, the presentation of evidence, and the inspection by parties of the property for which the application has been filed.
F.
Public notice shall be given and written notice shall be given to the applicant, the Zoning Officer, and to any person who has made timely request for the same. Written notices shall be sent to all property owners and any municipality within 1,000 feet of the property line of the property subject to the application. The list of property owners shall be supplied to the Township by the applicant. In addition to the written notice provided herein, written notice of said hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing.
[Added by Ord. 2017-05, 11/28/2017]
§ 27-2810 Procedures for Conditional Uses.
[Ord. 01-09-18-1, 9/18/2001, § 2809]
2.
The Board of Supervisors may attach reasonable conditions and safeguards as may be deemed necessary to implement the purposes of this chapter and ensure the protection of adjacent properties from adverse impacts that may be determined from credible testimony.
3.
A conditional use shall expire if the applicant fails to obtain a building permit or final subdivision or land development approval within one year of the conditional use approval by the Township.
4.
Any building, structure or land which is maintained or used in violation of any conditional use conditions of approval is prohibited and shall constitute a violation of this chapter, and such violation may be enforced by the Township or an affected property owner in accordance with the enforcement provisions set forth in Article VI of the Pennsylvania Municipalities Planning Code[2] for zoning ordinance violations.
[2]
Editor's Note: See 53 P.S. § 10601 et seq.
§ 27-2811 Transferable Development Rights.
[Ord. 01-09-18-1, 9/18/2001, § 2810]
1.
Transferable development rights are available to owners of lots of 25 acres or more within the RP District and RO District that are enrolled in the Township's Agricultural Security District, pursuant to Pennsylvania Act 43[1] or on the official Township list of properties nominated for preservation. Transferable development rights may be used in accordance with the standards of this chapter, as found in Parts 3 through 18.
[1]
Editor's Note: See 3 P.S. § 901 et seq.
2.
Number of transferable development rights available to owners of eligible lots is determined by the following formula:
3.
No transferable development rights are available for the following properties:
A.
Lots or properties from which all of the development rights have already been sold or transferred.
B.
Lots or properties on which an easement, deed restriction or covenant has been granted to the state, County of Bucks, Plumstead Township or other agency qualified to hold conservation easements, and any lots or properties owned by a school district, federal, state or county government, municipal authority, utility company, or other program or agency, or to any person, partnership, corporation, or other public or quasi-public legal entity.
C.
Lots or properties which have been restricted from development by the terms or conditions of a development plan, subdivision approval or other agreement that restricts the property from further development.
D.
Land within the ultimate right-of-way of existing roads.
E.
Lots or properties or portions of lots or properties which have been designated and used to meet the open space or resource protection requirements of a subdivision or land development plan.
4.
The development rights may be issued and transferred or sold to a person, corporation, partnership, or other legal entity so designated by the landowner, pursuant to the following:
A.
The submission to the Township of an agreement of sale for said rights, duly executed by the parties.
B.
The applicant shall submit, for Township approval, a restrictive covenant that would run with the land. The restrictive covenant shall be subject to the approval of the Township Solicitor and the Board of Supervisors and shall restrict the land from which TDRs have been sold so as to comply with the following:
(1)
The location of any additional dwelling unit shall be specified in the zoning permit application. The location of the dwelling unit and its driveway shall not harm the economic viability of the subject land for agricultural production.
(2)
Other buildings or structures may be permitted to be constructed for agricultural purposes only. No conversions of agricultural buildings to dwelling units shall be permitted.
(3)
Subdivision of the land from which TDRs have been sold is permitted only if such subdivision of land shall not harm the economic viability of the land for agricultural production.
(4)
Land from which TDRs have been sold may be used only for the following purposes:
(a)
Agriculture: production of crops, livestock, livestock products, field crops, fruits, and vegetable crops.
(b)
Nursery: horticultural specialties, nursery stock, shrubs, trees, and flowers.
(c)
Accessory retail sales of agricultural products in accordance with the requirements of this chapter for Use A5, Accessory Farm Business.
(d)
Preservation of natural landscape by leaving land and resources undisturbed in forest, field, wetland or other natural and unaltered state.
(5)
No zoning permits shall be issued for other uses and no land development approval shall be granted for other uses.
C.
The development rights shall not be transferred and become usable until the restrictive covenant has been approved by the Township and has been recorded with the Bucks County Recorder of Deeds.
D.
The land from which development rights have been sold shall not be used to meet the open space requirements or minimum lot area or yard requirements for any other use, nor may it be used for any other purpose that would support or serve development, including but not limited to fields for land application of sewage, sewage lagoons, stormwater management facilities, utilities, or other uses.
E.
If the agreement of sale of development rights would entail less than an entire tax parcel, the following additional regulations shall apply:
(1)
The portion of the tax parcel involved in the proposed sale of development rights shall be described by metes and bounds and must be shown on a plot plan.
(2)
Where a portion of the total available TDRs are sold from a lot or property, the future sale of additional TDRs from that property shall occur so that the land from which TDRs are sold is contiguous, to the greatest extent possible, to the lands from which TDRs were previously sold.
(3)
Where a portion of the total available TDRs from a lot or property are sold, the landowner proposing to transfer TDRs shall provide with his application for the TDRs a resource inventory plan of the property which shall indicate the location of arable land, wetlands, floodplains, steep slopes greater than 25% (to the extent that these slopes are required to be protected under the terms of this chapter), and forests. The applicant may use data available at the Municipal Building or at the Bucks County Planning Commission to determine the location of floodplains, wetlands, and forests. The purpose of the resource inventory plan is to determine that a fair proportion of the land to be preserved through the sale of TDRs is buildable under the terms of this chapter. The land from which TDRs are sold shall have a ratio of resource-restricted land to land area that is equal to or less than the ratio of resource-restricted land to total lot area of the entire property, so that the following standard is met:
Total lot area = A acres |
Total lot area with resource restrictions (floodplains, wetlands, forests, and steep slopes) = B acres |
% of lot with resource restrictions = B/A |
% of area from which TDRs are sold that can have resource restrictions = B/A |
(4)
Where a portion of the total available TDRs from a lot or property are sold and the owner of the lot intends to develop the remaining portion of the lot, the remaining development potential shall be calculated on the basis of the number of dwelling units which could have been constructed on the lot or property without the sale of TDRs. When the applicant intends to develop the lands remaining after the sale of TDRs from a portion of a tax parcel, the applicant shall provide to the Township a sketch plan that indicates the number of dwelling units that could be developed on the property under the terms of this chapter so that the remaining development potential can be determined. The number of TDRs sold shall be subtracted from the total development potential of the property to determine the number of dwelling units that could be built on the lands remaining, in accordance with the following example:
Available TDRs for entire tax parcel as calculated in this section: 100 = TDRs |
TDRs proposed to be sold = 50 |
Development yield of entire tax parcel as demonstrated by a sketch plan = 65 dwelling units |
Total remaining development potential which can be built on the tax parcel on the lands from which TDRs have not been sold (difference between total yield and TDRs sold and transferred) = 15 dwelling units |
F.
A plan that uses TDRs shall not receive final plan approval until the applicant provides to the Township an agreement of sale or other documentation indicating that the necessary TDRs are available.
5.
Voluntary Use of Development Rights. Uses meeting the requirements of this chapter and other ordinances of the Township shall be approved up to the maximum density or impervious surface ratio as permitted for uses without the purchase of development rights. Nothing in this chapter shall require a landowner to purchase development rights.
6.
Transfer and Recording. Development rights shall be recorded in the Bucks County Recorder of Deeds Office in accordance with their regulations. All transfers and recording shall be conveyed and recorded in full compliance with Section 619.1, Transferable development rights, of the Pennsylvania Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 10619.1.
7.
Transferable development rights may be used only in the districts and for the uses designated by this chapter as being eligible to receive and use transferable development rights. Transferable development rights may not be used in zoning districts unless specifically permitted by this chapter, nor may any transferable development rights be used to increase the density of any use unless specifically permitted by this chapter.
8.
No final plan approval shall be granted until the applicant has presented to the Township an agreement of sale or other documentation to demonstrate to the satisfaction of the Township that the necessary TDRs have been acquired to support the proposed development.