Warminster Township
City Zoning Code
City Zoning Code
PART 25
Administration
§ 27-2500 Zoning Officer; powers and duties.
[Ord. No. 762, 5/7/2020]
1.
The provisions of this chapter shall be administered and enforced by the Zoning Officer, who shall be appointed by the Board of Supervisors.
A.
Appointment and powers.
(1)
For the administration of this chapter, a Zoning Officer, who shall not hold any elective office in the Township, shall be appointed.
(2)
The Zoning Officer shall meet the qualifications established by the Township and shall be able to demonstrate to the satisfaction of the Township a working knowledge of municipal zoning.
(3)
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.
(4)
The Zoning Officer is hereby authorized to institute civil enforcement proceedings as a means of enforcement when acting within the scope of his employment.
(5)
It shall be the duty of the Zoning Officer and he shall have the power to:
(a)
Receive, and keep a record of, all applications for zoning permits.
(b)
Process zoning permit applications.
(c)
Issue permits only where there is compliance with the provisions of this chapter, with other Township ordinances, and with the laws and regulations of the Commonwealth of Pennsylvania and the United States of America. 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 by the Board of Supervisors shall be issued only after receipt of approval from the Board of Supervisors.
(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, receive applications for interpretation of 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.
(g)
Institute, in the name of the Township, any appropriate actions 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 or use of any building, structure or land; or to prevent any illegal act, conduct, business or use in or about such premises.
(h)
Revoke, by order, a zoning permit issued under a mistake of fact or contrary to the law or the provisions of this chapter.
(i)
Issue enforcement notices to order and require the abatement forthwith or otherwise of a violation of the provisions of this chapter.
(j)
Record and file all applications for zoning permits with accompanying plans and documents. All applications, plans, and documents shall be public records.
(k)
Maintain a map or maps showing the current zoning classification of all land in the Township.
(l)
Prepare and maintain a list of nonconforming uses when directed to do so by the Board of Supervisors.
(m)
Upon the request of the Board of Supervisors, the Planning Commission, or the Zoning Hearing Board, present facts, records, or reports to assist such body in making decisions.
(n)
Be available to testify in all proceedings before the Zoning Hearing Board to present facts and information to assist the Zoning Hearing Board in reaching a decision.
§ 27-2501 Enforcement notices.
[Ord. No. 762, 5/7/2020]
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 by Part 27 of this chapter. 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.
§ 27-2502 Zoning permit requirements.
[Ord. No. 762, 5/7/2020]
Hereafter, no use may be established or changed and 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 on the permit that the work or occupancy and use has been inspected and approved as being in conformity with the provisions of this chapter.
§ 27-2503 Application for zoning permits.
[Ord. No. 762, 5/7/2020]
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 include two copies of the following information:
A.
A statement as to the proposed use of the building or land.
B.
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.
C.
The location, dimensions, and arrangements of all open spaces and yards and bufferyards, including methods to be employed for screening.
D.
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.
E.
The dimensions, location, and methods of illumination for signs, if applicable.
F.
Provisions to be made for treatment and disposal of sewage and industrial wastes, water supply and storm drainage.
G.
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.
H.
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.
I.
Description of methods to be employed in controlling any excess noise, air pollution, smoke, fumes, water pollution, fire hazards or other safety hazards.
J.
In the case of application for interpretation, variances and special exceptions, the additional information specified in Part 26, Zoning Hearing Board, of this chapter.
K.
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.
2.
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 lot shall be issued until a certificate of approval has been issued by the Bucks County Department of Health or any other agency with jurisdiction.
§ 27-2504 Fees.
[Ord. No. 762, 5/7/2020]
All applications 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 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.
§ 27-2505 Time limitation for commencement of work; extensions.
[Ord. No. 762, 5/7/2020]
Any erection, construction, reconstruction, alteration or moving of the 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 payment of an additional fee 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.
§ 27-2506 Conditional uses.
[Ord. No. 762, 5/7/2020]
1.
An application for any conditional use as specified in the various Parts of this chapter shall be considered by the Township Board of Supervisors according to the following procedures. Where, in this chapter, additional standards are set forth for a particular use that may be requested for conditional use, then the Board shall consider whether the request meets those specific standards in addition to the general standards set forth in this section. The burden of proof shall rest with the applicant.
A.
Applicant requirements.
(1)
The application shall be submitted in writing to the Township Planning Commission.
(2)
The application shall include the request for approval of a conditional use and sufficient information to document compliance with the application standards and criteria of this chapter, a tentative sketch plan of the proposed development and any study deemed necessary by the Township Engineer. The applicant shall provide with the application a list of every abutting lot owner on the same street and every abutting lot owner directly across the street from the lot or building in question.
(3)
The Township Planning Commission shall submit one copy of the application to the Bucks County Planning Commission for its advisory review and other copies to agencies and/or technical consultants whose review may be relevant.
B.
Public hearing.
(1)
The Board of Supervisors shall schedule a public hearing thereon within 60 days from the date of the applicant's request, unless the applicant has agreed, in writing, to an extension of this time limit.
(2)
Public notice of the public hearing, stating the time, place and the particular nature of the case to be considered, shall be published twice in a newspaper of general circulation in the Township. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing. The Township Secretary shall notify, by mailing or delivering a notice thereof to the owner, if his residence is known, or the occupier of every abutting lot on the same street and every lot directly across the street from the lot or building in question, provided that failure to give notice shall not invalidate any action taken by the Board.
(3)
The Board of Supervisors shall consider the comments and recommendations of the Township and County Planning Commissions, other advisors and those present at the public hearing prior to deciding to approve or deny the proposed use. In allowing a conditional use, the Board of Supervisors may attach such reasonable conditions and safeguards, in addition to those expressed in the ordinance, as it may deem necessary to implement the purposes of this chapter.
C.
Standards and criteria. In deciding all applications for conditional uses, the Board of Supervisors shall be guided by the following standards and criteria:
(1)
The proposed use is permitted by conditional use, and it will conform to the applicable regulations of the district in which it is located or any district regulations which may relate to or apply to the use, including but not limited to setbacks, building coverage, open space and buffering.
(3)
Points of vehicular access to the lot are provided at a distance from the intersections and other points of access and in number sufficient to prevent undue traffic hazards and obstruction to the movement of traffic.
(4)
The location of the site with respect to the existing public roads giving access to it is such that the safe capacity of the public roads is not exceeded by the estimated traffic attracted or generated by the proposed use, and the traffic generated or attracted is not out of character with the normal traffic using said public roads.
(5)
A determination that the proposed use will not have an unwarranted impact on traffic in the area, either creating significant additional congestion in an area of existing congestion or posing a threat of significant additional congestion where there is a high probability of future congestion. In addition, the Board shall consider whether the proposed use will create any traffic hazard dangerous to the public safety.
(6)
Screening of the proposed use from adjacent uses is sufficient to prevent the deleterious impact of the uses upon each other, considering the type, dimension and character of the screening.
(7)
The proposed use does not adversely affect or contradict Warminster Township's Comprehensive Plan.
(9)
The proposed use is suitable for the character of the neighborhood and the uses of the surrounding properties.
(10)
The proposed use will not impair an adequate supply of light and air to adjacent property.
(11)
The proposed use will not adversely affect the public health, safety or general welfare.
(12)
The proposed use will not adversely affect transportation or unduly burden water, sewer, school, park or other public facilities.
(13)
The proposed use shall not overcrowd land or create undue concentration of population or undue intensity of use.
D.
The Board of Supervisors shall render a written decision on the application within 45 days after the last hearing in which the Board considered the application.
E.
Where the Board of Supervisors fails to render a decision within the period required by this section or fails to hold the required hearing within 60 days from the date of the applicant's request for a hearing, 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.
F.
Approval of any conditional use shall expire one year after the date of approval by the Board of Supervisors or the signing of the development plan, whichever is later, if the applicant fails to obtain a building permit or use and occupancy permit.