Upper Southampton Township, PA Zoning Ordinance

Editor’s Note: Former Subsection D, which provided that the Zoning Officer would receive applications for conditional uses and forward same to the Board of Supervisors for action thereon, was repealed 6-16-2009 by Ord. No. 393.

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.

Conduct inspections and surveys to determine compliance or noncompliance with the terms of this chapter.

Issue stop, cease and desist orders, and order in writing correction of all conditions found to be in violation of the provisions of this chapter. Such written orders shall be served personally or by certified mail upon persons, firms or corporations deemed by the Zoning Officer to be violating the terms of this chapter. It shall be unlawful for any person to violate any such order lawfully issued by the Zoning Officer, and any person violating such order shall be guilty of a violation of this chapter.

With the approval of the Board of Supervisors, or when directed by it, institute in the name of the Township any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use to restrain, correct, or abate such violation, so as to prevent the occupancy of or use of any building, structure or land, or to prevent any illegal act, conduct, business, or use in or above such premises.

Revoke any order or zoning permit issued under a mistake of fact or contrary to the law or the provisions of this chapter.

Record and file all applications for zoning permits with accompanying plans and documents. All applications, plans, and documents shall be a public record.

Maintain a map or maps showing the current zoning classification for all land in the Township.

Maintain a map of all nonconforming uses and special exceptions in the Township and a file on each such use.

[Amended 6-16-2009 by Ord. No. 393]

Upon the request of the Planning Commission or the Zoning Hearing Board, present facts, records or reports which they may request to assist such body in making decisions.

[Amended 6-16-2009 by Ord. No. 393]

Conduct inspections and surveys to determine compliance or noncompliance with all decisions of the Zoning Hearing Board, including all conditions attached to variances granted. Upon request of the Zoning Hearing Board, the Zoning Officer shall submit reports of the results of such inspections and surveys and the status of compliance on pending cases to the Zoning Hearing Board.

[Amended 6-16-2009 by Ord. No. 393]

Issue stop, cease and desist orders, and order in writing the correction of all conditions found to be in violation of a decision of the Zoning Hearing Board. In cases where structures built pursuant to a variance are subject to occupancy permit control, the occupancy permit shall not be issued until the compliance with conditions attached to the variance has been accomplished.

Annually to conduct inspections and surveys on the following type properties:

Any properties granted use variances;

Properties granted variances under and subject to conditions that would require an annual inspection to ensure continuing compliance therewith;[2]

[2]

Editor’s Note: Former Subsection P(3), which stated that the Zoning Officer would annually conduct inspections and surveys on all conditional uses and certify compliance with all terms and conditions of said conditional uses, and which immediately followed this subsection, was repealed 6-16-2009 by Ord. No. 393.

The Zoning Officer shall meet the qualifications established by the Township of Upper Southampton and shall be able to demonstrate to the satisfaction of the Township of Upper Southampton a working knowledge of municipal zoning.

The Zoning Officer shall administer this chapter in accordance with its literal terms, and shall not have the power to permit any construction or any use or change of use which does not conform to this chapter.

The Zoning Officer is hereby authorized to institute civil enforcement proceedings as a means of enforcement when acting within the scope of his employment.

§ 185-75 Application requirements for zoning permits.

[Amended 6-20-1989 by Ord. No. 268]

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 include four copies of the following information:

A statement as to the proposed use of a building or land.

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 and street lines. If the application relates 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.

The location, dimensions and arrangements of all open spaces and yards and buffer yards, including methods to be employed for screening.

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.

(5)

The dimensions, location and methods of illumination for signs if applicable.

(6)

The location and dimensions of sidewalks and all other areas to be devoted to pedestrian use.

(7)

Provisions to be made for treatment and disposal of sewage and industrial wastes, water supply, and storm drainage.

(8)

The capacity and arrangement of all buildings used or intended to be used for dwelling units, including the proposed density in terms of number of dwelling units per acre of land.

(9)

A description of any proposed industrial or commercial operations in sufficient detail to indicate effects of those operations in producing noise, glare, air pollution, water pollution, fire hazards, traffic congestion, or other safety hazards.

(10)

A description of methods to be employed in controlling any excess noise, air pollution, smoke, fumes, water pollution, fire hazards or other safety hazards.

(11)

All applicable data required by Article VIII, Application and Plan Requirements, of Chapter 160, Subdivision and Land Development.

(12)

In the case of application for interpretation, variances, and special exceptions, the additional information specified in § 185-90.

(13)

Any other data deemed necessary by the Zoning Officer, Planning Commission or Board of Supervisors to enable them to determine the compliance of the proposed development with the terms of this chapter.

(14)

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 § 160-56 of Chapter 160 shall be indicated on the plan, and shall be adhered to during construction.

No permit for any new use or construction which will involve 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.

§ 185-76 Zoning permits required.

Hereafter, no use listed in § 185-16, Table of Use Regulations, may be established or changed; no structure shall be erected, constructed, reconstructed, altered or removed; and no building used or occupied or changed in use, until a zoning permit has been secured from the Zoning Officer. Upon completion of changes in use or construction, reconstruction, alteration or moving of structures, the applicant shall notify the Zoning Officer of such completion. No permit shall be considered as complete or as permanently effective until the Zoning Officer has noted in the permit that the work or occupancy and use has been inspected and approved as being in conformity with the provisions of this chapter.

§ 185-77 Life of a permit.

[Amended 3-18-2003 by Ord. No. 356]

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 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 six-month period.

§ 185-78 Fees.

All applicants who shall file applications for permits of any nature, or who shall file appeals from the denial of a permit of any nature, shall, at the time of making application or filing of an appeal, pay to the Zoning Officer for use of the Township a fee in accordance with a fee schedule[1] adopted by resolution of the Board of Supervisors, which may be amended from time to time.

Editor's Note: The current fee schedule is on file in the Township offices.

§ 185-79 (Reserved) [1]

Editor’s Note: Former § 185-79, Granting of conditional uses, as amended, was comprised of Subsection A, which provided that the Board of Supervisors would hold hearings on and decide requests for conditional uses; Subsection B, regarding general requirements and standards applicable to all conditional uses; and Subsection C, Specific requirements for cellular telecommunications facility. Subsections A and B were repealed 6-16-2009 by Ord. No. 393, and Subsection C was relocated to § 185-85 by the same ordinance.

§ 185-80 Filing interpretation and variance appeals and applications for special exceptions.

[Amended 1-21-1992 by Ord. No. 294; 6-16-2009 by Ord. No. 393]

General rules and procedures for all appeals and applications.

Any appeal shall be made by filing the same with the Zoning Officer within 30 days after the date of the Zoning Officer's adverse decision.

All appeals and applications made to the respective Board shall be in writing on standard forms provided by the Zoning Officer.

All appeals and applications shall refer to the specific provisions of this chapter involved.

All appeals and applications shall set forth names and addresses of all adjoining owners, including those across public roads from the subject property, and any tenants sharing the same property, structure or use of the proposed use.

Interpretation appeals. Appeals concerning the interpretation of any provisions of this chapter shall exactly set forth the interpretation that is claimed.

Variance appeals. Appeals for variance from the strict application of this chapter shall include the zoning permit application denied by the Zoning Officer together with a statement with any supporting evidence regarding the requirements listed in § 185-86.[1]

Editor’s Note: Former Subsection D, Applications for conditional use, which immediately followed this subsection, was repealed 6-16-2009 by Ord. No. 393.

Upper Southampton Township
City Zoning Code

ARTICLE IX

Administration

§ 185-74 Zoning Officer; duties and powers.

[Amended 12-1-1987 by Ord. No. 249; 8-16-1988 by Ord. No. 258; 1-21-1992 by Ord. No. 294]

Receive and examine all applications for zoning permits.

Refer particular zoning permit applications to the Planning Commission in accordance with the provisions of § 185-75.

[Amended 6-16-2009 by Ord. No. 393]

Issue permits only where there is compliance with the provisions of this chapter, with other Township ordinances and laws of the Commonwealth of Pennsylvania.

[Amended 6-16-2009 by Ord. No. 393; 4-5-2016 by Ord. No. 437]

(Reserved)[1]

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.

Conduct inspections and surveys to determine compliance or noncompliance with the terms of this chapter.

Revoke any order or zoning permit issued under a mistake of fact or contrary to the law or the provisions of this chapter.

Record and file all applications for zoning permits with accompanying plans and documents. All applications, plans, and documents shall be a public record.

Maintain a map or maps showing the current zoning classification for all land in the Township.

Maintain a map of all nonconforming uses and special exceptions in the Township and a file on each such use.

[Amended 6-16-2009 by Ord. No. 393]

Upon the request of the Planning Commission or the Zoning Hearing Board, present facts, records or reports which they may request to assist such body in making decisions.

[Amended 6-16-2009 by Ord. No. 393]

Annually to conduct inspections and surveys on the following type properties:

Any properties granted use variances;

Properties granted variances under and subject to conditions that would require an annual inspection to ensure continuing compliance therewith;[2]

[2]

The Zoning Officer is hereby authorized to institute civil enforcement proceedings as a means of enforcement when acting within the scope of his employment.

§ 185-75 Application requirements for zoning permits.

[Amended 6-20-1989 by Ord. No. 268]

A statement as to the proposed use of a building or land.

The location, dimensions and arrangements of all open spaces and yards and buffer yards, including methods to be employed for screening.

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.

(5)

The dimensions, location and methods of illumination for signs if applicable.

(6)

The location and dimensions of sidewalks and all other areas to be devoted to pedestrian use.

(7)

Provisions to be made for treatment and disposal of sewage and industrial wastes, water supply, and storm drainage.

(8)

The capacity and arrangement of all buildings used or intended to be used for dwelling units, including the proposed density in terms of number of dwelling units per acre of land.

(9)

(10)

A description of methods to be employed in controlling any excess noise, air pollution, smoke, fumes, water pollution, fire hazards or other safety hazards.

(11)

All applicable data required by Article VIII, Application and Plan Requirements, of Chapter 160, Subdivision and Land Development.

(12)

In the case of application for interpretation, variances, and special exceptions, the additional information specified in § 185-90.

(13)

(14)

§ 185-76 Zoning permits required.

§ 185-77 Life of a permit.

[Amended 3-18-2003 by Ord. No. 356]

§ 185-78 Fees.

Editor's Note: The current fee schedule is on file in the Township offices.

§ 185-79 (Reserved) [1]

§ 185-80 Filing interpretation and variance appeals and applications for special exceptions.

[Amended 1-21-1992 by Ord. No. 294; 6-16-2009 by Ord. No. 393]

General rules and procedures for all appeals and applications.

Any appeal shall be made by filing the same with the Zoning Officer within 30 days after the date of the Zoning Officer's adverse decision.

All appeals and applications made to the respective Board shall be in writing on standard forms provided by the Zoning Officer.

All appeals and applications shall refer to the specific provisions of this chapter involved.

Interpretation appeals. Appeals concerning the interpretation of any provisions of this chapter shall exactly set forth the interpretation that is claimed.

Editor’s Note: Former Subsection D, Applications for conditional use, which immediately followed this subsection, was repealed 6-16-2009 by Ord. No. 393.

Upper Southampton Township
City Zoning Code

ARTICLE IX

Administration

§ 185-74 Zoning Officer; duties and powers.

[Amended 12-1-1987 by Ord. No. 249; 8-16-1988 by Ord. No. 258; 1-21-1992 by Ord. No. 294]

Receive and examine all applications for zoning permits.

Refer particular zoning permit applications to the Planning Commission in accordance with the provisions of § 185-75.

[Amended 6-16-2009 by Ord. No. 393]

Issue permits only where there is compliance with the provisions of this chapter, with other Township ordinances and laws of the Commonwealth of Pennsylvania.

[Amended 6-16-2009 by Ord. No. 393; 4-5-2016 by Ord. No. 437]

(Reserved)[1]

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.

Conduct inspections and surveys to determine compliance or noncompliance with the terms of this chapter.

Revoke any order or zoning permit issued under a mistake of fact or contrary to the law or the provisions of this chapter.

Record and file all applications for zoning permits with accompanying plans and documents. All applications, plans, and documents shall be a public record.

Maintain a map or maps showing the current zoning classification for all land in the Township.

Maintain a map of all nonconforming uses and special exceptions in the Township and a file on each such use.

[Amended 6-16-2009 by Ord. No. 393]

Upon the request of the Planning Commission or the Zoning Hearing Board, present facts, records or reports which they may request to assist such body in making decisions.

[Amended 6-16-2009 by Ord. No. 393]

Annually to conduct inspections and surveys on the following type properties:

Any properties granted use variances;

Properties granted variances under and subject to conditions that would require an annual inspection to ensure continuing compliance therewith;[2]

[2]

The Zoning Officer is hereby authorized to institute civil enforcement proceedings as a means of enforcement when acting within the scope of his employment.

§ 185-75 Application requirements for zoning permits.

[Amended 6-20-1989 by Ord. No. 268]

A statement as to the proposed use of a building or land.

The location, dimensions and arrangements of all open spaces and yards and buffer yards, including methods to be employed for screening.

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.

(5)

The dimensions, location and methods of illumination for signs if applicable.

(6)

The location and dimensions of sidewalks and all other areas to be devoted to pedestrian use.

(7)

Provisions to be made for treatment and disposal of sewage and industrial wastes, water supply, and storm drainage.

(8)

The capacity and arrangement of all buildings used or intended to be used for dwelling units, including the proposed density in terms of number of dwelling units per acre of land.

(9)

(10)

A description of methods to be employed in controlling any excess noise, air pollution, smoke, fumes, water pollution, fire hazards or other safety hazards.

(11)

All applicable data required by Article VIII, Application and Plan Requirements, of Chapter 160, Subdivision and Land Development.

(12)

In the case of application for interpretation, variances, and special exceptions, the additional information specified in § 185-90.

(13)

(14)

§ 185-76 Zoning permits required.

§ 185-77 Life of a permit.

[Amended 3-18-2003 by Ord. No. 356]

§ 185-78 Fees.

Editor's Note: The current fee schedule is on file in the Township offices.

§ 185-79 (Reserved) [1]

§ 185-80 Filing interpretation and variance appeals and applications for special exceptions.

[Amended 1-21-1992 by Ord. No. 294; 6-16-2009 by Ord. No. 393]

General rules and procedures for all appeals and applications.

Any appeal shall be made by filing the same with the Zoning Officer within 30 days after the date of the Zoning Officer's adverse decision.

All appeals and applications made to the respective Board shall be in writing on standard forms provided by the Zoning Officer.

All appeals and applications shall refer to the specific provisions of this chapter involved.

Interpretation appeals. Appeals concerning the interpretation of any provisions of this chapter shall exactly set forth the interpretation that is claimed.