Warwick Township Bucks County
City Zoning Code
City Zoning Code
ARTICLE XXV
Administration
§ 195-128 Duties and powers of Zoning Officer.
A.
It shall be the duty of the Zoning Officer, and he or she is hereby given the power and authority, to enforce the provisions of this chapter by the issuance of notices of violation. Permits for construction and uses which are a special exception to the requirements of this chapter shall be issued only upon order of the Zoning Hearing Board. Permits for construction and uses which require conditional use approval as stated by the requirements of this chapter shall be issued only upon written order of the Board of Supervisors.
B.
It shall be the duty of the Zoning Officer to administer and enforce this chapter and he/she shall have the power to:
(1)
Receive and examine all applications for zoning permits.
(2)
Issue permits only where there is compliance with the provisions of this chapter, with other Township ordinances and with the laws of the commonwealth. 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 Township Supervisors shall be issued only after receipt of approval from the Township Supervisors.
(3)
Receive applications for conditional uses, curative amendments and zoning changes, forwarding requests to the governing body, Planning Commission and appropriate agencies.
(4)
Receive applications for special exceptions and variances and appeals to the Zoning Hearing Board and to forward these applications to the Zoning Hearing Board for action.
(5)
Conduct inspections and surveys to determine compliance or noncompliance with the terms of this chapter.
(6)
Issue enforcement notices pursuant to Section 616.1 of the Municipalities Planning Code, as amended, and order in writing correction of all conditions found to be in violation of the provisions of this chapter. It shall be unlawful for any person to violate any such order issued lawfully by the Zoning Officer, and any person violating any such order shall be guilty of a violation of this chapter.
(7)
Revoke any order or any zoning permit issued under a mistake of fact, or contrary to the law, or the provisions of this chapter.
(8)
Record and file all applications for zoning permits with accompanying plans and documents.
(9)
Maintain a map or maps showing the current zoning classification of all land in the Township.
(10)
Register nonconforming structures, uses and lots in accordance with the provisions of Article XXI.
§ 195-129 Permit requirements.
A zoning permit and building permit shall be required prior to the erection, alteration, renovation or demolition of any building, structure or portion thereof. A zoning permit and a use and occupancy certificate shall be required prior to the use or change in use and occupancy of a building or land and prior to the change or extension of a nonconforming use. All permits shall expire one year from the date of issuance; provided, however, that if work is not commenced within 90 days from the date of the permit, the permit shall automatically expire and a new permit shall be required before such work commences. Zoning permits shall also be required for any disturbance or removal of any natural resource protected in accordance with the requirements of §§ 195-60, 195-61, and 195-64 of this Code. In addition to the fines authorized by the Pennsylvania Municipalities Planning Code[1] for violation of the ordinance, persons failing to obtain a permit for disturbance or removal of any natural resource shall be required to replace or restore the resource disturbed or removed. In the event woodlands are disturbed or trees removed beyond what is permitted under §§ 195-60, 195-61, and 195-64 of this chapter, the person found responsible for the disturbance of woodlands or removal of trees shall replace the trees in accordance with the standards of § 195-64 of this chapter. If the required replacement trees cannot be planted on the property from which they were removed, the trees shall be planted on public grounds at the direction of the Board of Supervisors.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 195-130 Permit applications.
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 construction, erection, alteration, use or change of use complies with the provisions of this chapter. The application shall consist of two parts:
A.
A written statement, including:
(1)
An identification of the proposed activity or use of the building or land.
(2)
A description of any proposed nonresidential operations in sufficient detail to indicate effects of those operations in producing noise, heat, vibration, glare, air pollution, water pollution, fire hazards, traffic congestion or other safety hazards.
(3)
A description of methods to be employed in controlling any excess noise, air pollution, smoke, fumes, water pollution, fire hazards or other safety hazards.
(4)
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.
B.
Plot plans.
(1)
All plot plans for residential additions, residential and nonresidential accessory uses and accessory structures shall contain the following criteria:
(a)
A plot plan drawn at a scale of one inch equals 20 feet, 30 feet, 40 feet or 50 feet.
(b)
A depiction of the size and location of all proposed additions or uses.
(c)
A depiction of the location of all existing structures.
(d)
The North arrow, date, and the signature of the individual responsible for the plan.
(e)
Setback distances between building and property lines and streets must be shown from all sides of the proposed structure and/or accessory use.
(f)
The location of all drainage and utility easements and street rights-of-way.
(g)
The location, site arrangement and capacity of areas to be used for motor vehicle access, off-street parking and provisions to be made for lighting such areas, if applicable.
(h)
The location, dimensions and arrangement of open spaces, yards and buffer yards, including methods to be employed for screening, where applicable.
(i)
For construction or additions or changes in use which will involve an increased volume of sewage or waste to be disposed of on site, a certificate of approval from the Pennsylvania Department of Environmental Protection shall accompany this request.
(j)
The sketch should indicate any other information that could be considered pertinent to the application.
(2)
All plot plans for new residential construction, new nonresidential construction and new nonresidential additions shall contain the following criteria:
(a)
A plot plan drawn at a scale of one inch equals 20 feet, 30 feet, 40 feet or 50 feet, with all elevations established by the builder or owner's engineer or land survey drawn in accordance with an accurate boundary line survey.
(b)
A depiction of the size and location of all new construction.
(c)
A depiction of the location of all existing structures.
(d)
Setback distances between buildings, property lines and the established street rights-of-way and grades from all sides of the proposed new construction.
(e)
The location of property showing the nearest intersecting street and distance in feet and decimal parts thereof of property therefrom, together with a North point.
(f)
Dimensions, bearings and lot numbers as delineated on the final recorded subdivision and land development plan or record.
(g)
The plot plan shall indicate whether property is monumented and the composition of the monuments.
(h)
The lot area, in square feet, is to be shown on the plot plan.
(i)
The building area, in square feet, is to be shown on the plot plan.
(j)
The location, site arrangement and capacity of areas to be used for motor vehicle access, off-street parking, and provisions are to be made for lighting such areas, if applicable.
(k)
All drainage and utility easements, restrictions, deed-restricted open space, utility structures, existing structures, natural land features and surrounding properties shall be identified on the plot plan.
(l)
Topographical site information, at a contour interval of no less than two feet, shall be provided.
(m)
The location, dimensions and arrangements of open spaces, yards and buffer yards, including methods to be employed for screening, where applicable.
(n)
The type of zoning is to be marked on the plot plan such as indicated by the applicable zoning ordinance or map or any other Township zoning regulation now or hereafter established.
(o)
Proper zoning restriction lines are to be marked on the plan indicating the front yard, side yards, and rear yard. On a corner lot, the property front yard setback shall be shown as provided by this chapter.
(p)
Streets, rights-of-way, etc., shall be properly marked with dimensions according to plans of record.
(q)
Plot plans shall have indicated thereon the proposed method for discharge of stormwater runoff and surface waters from the premises, including proposed grading, whether generated by the improvements themselves or by water passing through the property from other sources, as referenced in Chapter 163, Subdivision and Land Development, § 163-48A(2).
(r)
Plot plans shall show proposed basement, garage and first-floor elevations. Additionally, certification must be presented by the surveyor attesting to the fact that the first-floor elevation of the structure will be constructed equal to or higher than the contour shown on the grading plan for the individual development or individual building lot. The first-floor elevation shall be set in a proper relationship to the existing elevations on the surrounding lots.
(s)
Plot plans shall be drawn to scale, dated, signed and sealed by the registered engineer or land surveyor preparing the plot plan. Plot plans should show the name of the person for whom the same is being prepared. For purposes of identification of the plot plan, the registered engineer or land surveyor should show his own method of numbering.
(3)
Other circumstances.
(a)
In the case of a plot plan being prepared for a Zoning Hearing Board hearing, the square-foot area shall be shown of all existing buildings, indicating area on each floor.
(b)
In the case of a plot plan prepared for a Zoning Hearing Board showing a building encroaching in a restricted area, the plot plan shall show the distance between front, side, or rear property lines and the encroaching building. All plans should also delineate all natural features, existing parking, and accessways, street rights-of-way, other accessory structures or uses, North arrow, date, and person responsible for the plan.
(c)
In the case of a plot plan prepared for a well permit, the plan shall show all existing buildings, the location of the old and proposed well, the location of the septic system and drainage fields and the distance between the proposed well and the septic system and drain fields.
(d)
In the case of a plot plan prepared for an in-ground pool, the plan shall show all existing buildings, easements, property lines, the proposed location of the in-ground pool and setbacks measured from the edge of the coping, existing and proposed contours, regrading and direction of stormwater runoff.
(e)
In the case of a demolition permit, the plot plan need only show all construction to be demolished and the location and size of all existing buildings that are to remain on the property. Additional information may be requested by the Building Inspector depending on the nature of the application, such as the methods for shoring the structure during demolition.
(4)
All plot plans for new residential construction, new nonresidential construction and new nonresidential additions 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 § 163-50.1 of Chapter 163, Subdivision and Land Development, shall be indicated on the plan and shall be adhered to during construction.
§ 195-131 Issuance of permit.
No zoning permit, building permit or use and occupancy certificate shall be issued until the Building Inspector and Zoning Officer have certified that the proposed building or alteration and the proposed use or activity of the property comply with all the provisions of this chapter, Chapter 163, Subdivision and Land Development, and any other applicable ordinances or acts of assembly. A zoning permit, building permit or use and occupancy certificate shall be granted or refused within 30 days after the Zoning Officer has been notified of the completion of the authorized construction or alteration or, where no construction or alteration is involved, within 30 days after receipt of written application therefor. Pending completion of a building or of alterations thereto, a temporary certificate of occupancy may be issued by the Zoning Officer for the use of a part or all of the building, provided that such temporary occupancy or use would not tend to in any way jeopardize life or property. No zoning permit for any new use or construction which will involve the on-site disposal of sewage or waste and no zoning 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. No zoning permit or use and occupancy permit which will change the volume or velocity of stormwater leaving the site, or which alters the points of discharge of stormwater from the site will be issued unless and until the applicant demonstrates compliance with the stormwater management regulations set forth in Chapters 157 and 163 of this Code.
§ 195-132 Fees.
Fees for permits shall be paid in accordance with the Township Fee Schedule as adopted by resolution by the Board of Supervisors, and all such fees shall be paid into the Township Treasury. Each applicant for an appeal, special exception, variance, conditional use or other requested relief 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 postage as required by this chapter and the rules of the Zoning Hearing Board. The cost for a stenographer for a hearing shall be shared equally between the applicant and the Board. Transcription costs are paid by the party wanting a copy, but in an appeal, the party appealing the decision shall pay for the cost of the transcript.
§ 195-133 Confirmation plans.
After the zoning and building permits are issued for all new residential and nonresidential construction as required by the Zoning Officer subsequent to the placement of the foundation or slab but prior to the commencement of framing, a second survey to be known as a "confirmation plan" shall be submitted to the Township Zoning Officer or his or her designee for purposes of attesting to the proper transfer of the elevations established on the plot plan for the actual basement and/or foundation area, garage and first-floor elevation, and to verify proper location of the basement and/or foundation area within the building setback lines. The plan shall include locations, elevation, reference points or benchmarks and be dated, signed and sealed by the registered engineer or land surveyor. The confirmation plan shall be submitted for certification as acceptable by the Township prior to the initiation of framing. This requirement shall be listed by the Zoning Officer on a zoning permit as a condition of approval.
§ 195-134 As-built plans.
Prior to the issuance of a certification of use and occupancy and as a condition for all new residential and nonresidential construction (except for additions and accessory buildings on residential lots), an as-built survey, with all details established in the plot plan, shall be filed with the Township Zoning Officer or designated official. The requirement shall be listed by the Zoning Officer on a zoning permit as a condition of approval.
§ 195-135 Fees and escrow deposits.
All applicants for zoning permits, special exceptions, conditional uses and interpretations or variance appeals shall, at the time of making application, pay to the Zoning Officer for use of the municipality a fee in accordance with the Fee Schedule adopted by resolution of the governing body upon the enactment of this chapter or such schedule as may be amended by resolution of the governing body. In addition, an escrow deposit may be required. The escrow deposit requirements shall be set from time to time by resolution of the Board of Supervisors.
