A. There shall be a Zoning Officer who shall be appointed by the Board of Supervisors and may not hold any elected office in the Township. The Zoning Officer's duties shall include, but not be limited to, the following:

1. Enforce all provisions of this ordinance and all amendments thereto.

2. Receive and examine all applications for zoning permits and issue zoning permits only for any use which conforms to this Ordinance and other Township ordinances.

3. Refer Applications for Special Exceptions to the Zoning Hearing Board.

4. Issue permits for construction of structures or uses requiring a Special Exception or Variance only upon order of the Zoning Hearing Board. Permits requiring approval by the Board of Supervisors, such as Conditional Use approval, shall be issued only after authorization from the Board of Supervisors.

5. To receive application for interpretation appeals and variances and forward these applications to the Zoning Hearing Board for action thereon.

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

7. Issue stop, cease, and desist orders, and order in writing correction of all conditions found to be in violation of the provisions of this Ordinance. Such written orders shall be served personally or by certified mail upon personal firms, or corporations deemed by the Zoning Officer to be violating the terms of this Ordinance. 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 Ordinance.

8. Keep an official record of all business and activities, including complaints of a violation of any of the provisions of this Ordinance and of the subsequent action taken on each such complaint.

9. Receive applications for conditional uses, curative amendments and zoning changes, forwarding requests to the Board of Supervisors, Planning Commission, and other appropriate agencies.

10. Process zoning permit applications for all permitted uses. For the following uses with twelve thousand (12,000) square feet or more of building area, the Zoning Officer shall receive and submit applications and plans to the Board of Supervisors, the Planning Commission, and the Township Engineer for review under the provisions of Article V Design Standards and Article VI Required Improvements of the Solebury Township Subdivision and Land Development Ordinance, and the provisions of this Ordinance:

a. Institutional Uses

b. Office Uses

c. Commercial and Service Uses

d. Industrial Uses and Utilities

Permits shall not be issued until the provisions of Article V and VI of the Subdivision and Land Development Ordinance have been satisfied.

11. Maintain, or cause to have maintained, a map or maps showing the current zoning classification of all land in the Township.

12. Issue use and occupancy permits in accordance with the terms of this Article.

No use may be established or changed; no structure shall be erected, constructed, reconstructed, altered, razed, removed, and no building used or occupied, changed in non-residential use occupancy, until a zoning permit has been obtained from the Zoning Officer. A zoning permit shall be required for a project in excess of one hundred (100) square feet or in excess of $2,500.00 in cost. Within the Historic Districts, a Certificate of Appropriateness must be obtained whether or not a Zoning Permit is required. Upon completion of change 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 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 Ordinance.

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 Township and shall be filed with the Zoning Officer. The application shall include four (4) copies of the following information:

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

2. A site layout plan drawn to scale of no smaller than one (1) inch equals fifty (50) feet 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.

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

4. 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 sanitary sewage and industrial wastes, water supply, and storm drainage. Provisions for stormwater management shall be made in compliance with the Solebury Township Subdivision and Land Development Ordinance. Provisions for water supply shall be made in compliance with Sections 5.24.D of the Solebury Township Subdivision and Land Development Ordinance and Section 2104-A of the Solebury Township Zoning Ordinance.

8. 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.

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, fire hazards, traffic congestion or other safety hazards.

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

11. A statement as to whether the property is subject to a conservation easement, and if so, a copy of the conservation easement shall be attached to the zoning permit application.

12. Any other data deemed necessary by the Zoning Officer in order to determine compliance of the proposed development with the provisions of this Ordinance.

B. No permit for any new use or construction which will involve the on-site disposal of sewage, and no permit for a change in use or an alteration which will result in an increased volume of sewage to be disposed of on the lot shall be issued until approval has been granted by the Bucks County Department of Health.

C. No permit for any new use or construction that will use public sewage facilities, and no permit for a change in use or an alteration that will result in an increased volume of such sewage shall be issued until approval of the connection has been granted by the servicing authority.

D. No permit shall be issued until the following requirements for private water supply are met:

1. Private Water Supply. In all districts except Residential Development District (RD), Traditional Neighborhood Commercial District (TNC), Small Lot Residential District (R-1), and Parcel D of the RD-D District, water shall be furnished by the owner on an individual lot basis. If a well is installed on a lot, the well shall be of the drilled type, cased and grout sealed into the bedrock. The well shall have a production of not less than six (6) gallons per minute as established by bailor tests certified by the well driller or an equivalent test satisfactory to the Township Engineer. Prior to the issuance of a building permit and upon completion of the installation of any private well, the owner of the premises upon which the well has been installed shall produce a certificate of potability for water within the well in compliance with the standards set forth in the Federal Safe Drinking Water Act, a certificate setting forth the rate of flow of water from the well stating that the overall withdrawal from a given well does not exceed the anticipated recharge, and information stating the depth of water and the geologic description. In addition, the quality of the water produced by the well shall be tested to determine compliance with the following maximum contaminant limits by a Water Quality Laboratory certified by the Department of Environmental Protection of the Commonwealth of Pennsylvania:

Physical Characteristics

Turbidity 5 units

Color 15 units

Threshold 3 units

pH 6.5-8.5

Chemical Characteristics

Chloride 250.00 mg/1 (ppm)

Nitrate/Nitrite Nitrogen 10.00 mg/1 (ppm)

Iron 0.30 mg/1 (ppm)

Sodium 20.00 mg/1 (ppm)

Manganese 0.05 mg/1 (ppm)

Copper 1.00 mg/1 (ppm)

Hardness 250.00 mg/1 (ppm)

Detergent (MBAS) 0.50 mg/1 (ppm)

Total Dissolved Solids 500.00 mg/1 (ppm)

TCE (Trichloroethylene) 4.5 micrograms/1 (ppb) Phenol 5.00 mg/1 (ppm)

Bacteriological Characteristics:

Total Plate Count Less than 500 counts per ml.

Fecal Coliform Less than 1 colony per 100 ml.

E. No permit for any new use or construction shall be issued until approval has been granted and/or permits have been issued by all other applicable agencies (Federal, State or County) such as PennDOT, Penn DEP, the U.S. Army Corps of Engineers, and the like.

F. No permit shall be issued if the activity proposed on the property violates a conservation easement to which the property is subjected.

G. The Zoning Officer shall render a decision either approving or disapproving the applications for a zoning permit within thirty (30) days after the application is filed provided that any disapproval of the application shall be issued within said thirty (30) day period containing a brief explanation setting forth the reasons for said disapproval and the manner in which the application can be corrected and/or modified to obtain the required approval. If no decision is rendered on the application within thirty (30) days, the application shall be deemed to have been denied, unless the applicant has agreed in writing to an extension of tine.

H. Upon the issuance of the permit and until construction or alteration is completed, the permit shall be displayed prominently on or attached to the building or lot for which issued, so that the same can be observed from the outside. (Ord. 2003-203, May 6, 2003)

A. The activity 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 (1) 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 a period of not more than three (3) years, provided that the construction pursuant to said permit has commenced within the first one (1) year period.

B.Special Exceptions, Variances and/or Conditional Uses shall be treated in accordance with Section 603 (b) (2.1) of the Municipalities Planning Code.

A.zoning permit issued for a Bed and Breakfast Inn shall have a life of one (1) year. The zoning permit may be renewed annually, without the necessity of a new application, provided that the Zoning Officer has inspected the facility, including the on-lot sewage disposal system, and found it to be in compliance with the provisions of this Ordinance and any conditions imposed by the Board of Supervisors in any grant of conditional use.

A. No zoning permit required by the provisions of this Ordinance shall be issued when construction or alteration of a building or structure is planned and when a driveway is to be utilized until the applicant has obtained a driveway permit from the Township.

B. No occupancy permit required by the provisions of this Ordinance shall be issued until the driveway has been constructed in accordance with the driveway permit.

C. The Zoning Officer may issue a temporary occupancy permit for a period not to exceed one hundred and fifty (150) days in the event that a driveway within the street right-of-way has not been paved at the time that the occupancy permit is requested, provided that the Township shall retain in escrow the funds paid on account of the occupancy permit and driveway permit until the driveway pavement is completed to the satisfaction of the Township Roadmaster and an occupancy permit is issued for the property.

D. In the event that the driveway is not paved to the satisfaction of the Township Roadmaster within one hundred fifty (150) days of the issuance of the temporary occupancy permit, the Township may complete the paving and the total cost of the paving and all legal, engineering and administrative costs involved in completing the paving shall be deducted from the funds held by the Township in escrow and the balance, if any, shall be refunded. In the event the fund is insufficient to pay for the paving and all legal, engineering and administrative costs, the person applying for the temporary occupancy permit shall be responsible for the excess costs.

A. Definitions

1. PRODUCTION WELL shall mean a well intended to supply two (2) or more residential units with water and/or any individual wen intended to yield or supply a minimum of 10,000 gallons per day.

2. PERSON shall mean the owner or owners of the premises upon which any activity concerning a production well governed by this Ordinance is to occur and the person or persons conducting such activity.

3. ACTIVITY shall mean the drilling of a production well, the enlarging of a production well, the conducting of a pump test of the production well, and/or the conducting of a step test of a production well.

4. SAFE YIELD shall mean the amount of water that can be. removed from the aquifer without exceeding the mount of water that is annually replaced by rainfall and infiltration.

B. No person shall drill or enlarge a production well, or conduct step or pump tests for a production well except in compliance with the provisions of this Ordinance. Furthermore, no person shall permit a production well to be drilled or enlarged upon his land, or permit a production well to be step tested or pump tested upon his land, except in compliance with the provisions of this Ordinance.

C. No person shall proceed to drill or enlarge a production well or to conduct step tests on a production well within Solebury Township unless the Township and all the residents within a one-half (1/2) mile radius of the subject production well are notified in writing of the intent to drill, enlarge, step test, or pump test a production well at least seventy-two (72) hours prior to the commencement of such activity. The notification shall contain the name of the owner of the property upon which the production well is to be located or is located, the location of the property, the address and telephone number of the owner of the property, and the name, address and telephone number of the person conducting the drilling, enlarging, step testing, or pump testing activity.

Furthermore, the notice shall state the precise dates on which the activity is to occur.

D. Obtaining a Permit (This heading was inserted because the heading was missing.)

1. Permit required: No person shall drill or enlarge a production well, or conduct a step test or pump test for a production well unless-the owner of the land upon which the production well is located or is to be located or the person conducting the activity has first obtained a permit from the Township Zoning Officer. The permitting requirement of this section shall not apply to public utilities operating under a Certificate of Public Convenience issued by the Public Utility Commission or to wells that require permits from the Delaware River Basin Commission.

2. Permits shall be issued by the Township Zoning Officer upon payment by the applicant of the fee required for the activity to be conducted. The Board of Supervisors of Solebury Township shall, by resolution from time to time, establish the fee schedule for permits applicable to the drilling, enlarging, step testing, and/or pump testing community wells.

3. The application for a permit shall be in writing by the applicant and shall set forth the following information:

a. The exact location of the production well.

b. The name, address, and telephone number of the owner of the tract of land upon which the production well is situated or intended to be situated.

c. The name, address, and telephone number of the person conducting the activity.

d. The precise date or dates upon which the activity is to occur.

e. The proposed pumping rate, together with the calculation established for the projected water demand for the proposed well.

f. A long term safe yield calculation for the proposed well based on the underlying geologic formation(s).

g. A satisfactory contingency plan pursuant to section (9) hereof to promptly supply water to anyone adversely affected in either quantity or quality by the pump test.

4. Drilling a production well, enlarging a production well, conducting a step test of a production well, and conducting a pump test of a production well shall each be considered separate activities, and each shall require a separate permit.

The permit shall be secured by the applicant a minimum of seventy-two (72) hours prior to-the occurrence of the activity. Permits shall automatically expire and become null and void fifteen (15) days after issuance.

E. If for any reason whatsoever, the proposed activity is delayed so that the notice to the Township Engineer, the Township Office and the residents within one-half (1/2) mile of the production well sets forth incorrect information with regard to the date of the intended activity, in that event, the owner of the premises or the person conducting the activity shall issue new notices to the Township Office, the Township Engineer, and residents within one-half (1/2) mile of the production well.

F. The Township Engineer shall have the right at the sole discretion of the Board of Supervisors of Solebury Township, to be present at the site for any activities involving the drilling or enlarging of a production well, and the pump testing or step testing of a production well.

G. Any application for a permit for the drilling, enlarging, step testing, and/or pump testing of a production well shall be accompanied by a detailed hydrogeological report in order to obtain the adequacy of the supply of groundwater for the production well. The hydrogeological report shall include, but is not limited to the following materials, information and data:

1. A well survey of existing wells within one-half (1/2) mile radius of the proposed production well. For each existing well surveyed, the following information shall be set forth:

a. Well location

b. Well depth

c. Well casing depth

d. Static water level

e. Specific capacity of the well

f. Date of survey and method by which data was obtained

2. The location of all existing on-lot sewage disposal systems or known sources of point pollution within one-half (1/2) mile of the proposed production well.

3. A proposed water budget for the drainage basin using the Walton method. The budget shall specify all necessary energy inputs and all calculations shall be supplied.

4. A complete geologic map, including bedrock type, all known faults and lineations, i.e., fracture trace, said map covering an area of one-half (1/2) mile radius of the proposed or existing well.

5. The Driller's Log describing the nature and depth interval of subsurface materials, and potential water yielding zones and their static water levels as encountered during drilling.

If the aforesaid information has been supplied by the owner of the premises or his representative within one (1) year previous, then the information supplied with an application for another permit shall update the information previously supplied.

Upon completion of the well test, if the Township determines that the effects (i.e., the quality of water table fluctuation) of the proposed well extend beyond one-half (1/2) mile of the proposed well, the applicant shall be required to rerun the well test and to supply the aforementioned data for an area of one (1) mile from the proposed or existing well.

H. Within thirty (30) days after the activity governed by the permit has been completed, the owner of the premises or the person conducting the activities shall supply the following information to the Township.

1. The yield of the production well based on a pump test seventy-two (72) hours after equilibrium but not more than one hundred twenty (120) hours (if the permit given was for a pump test).

2. An analysis of the quality of the water obtained from the production well during the pump test (if the permit was for a pump test) in accordance with the requirements of the Safe Drinking Water Act.

3. If the permit is for a pump test, computation of all well and aquifer characteristics, including, but not limited to, transmissibility and storage, and the area of the influence of the production well during the pumping test. A minimum of five (5) monitoring wells shall be evaluated. The monitor wells shall be chosen so that one well is as close as possible to the proposed or existing production well, two (2) wells are approximately one-quarter (1/4) mile from the existing or production well (each to be in opposite directions of the production well). Well drawn-down data shall be supplied for the production well and for each monitor well. If such wells are not available, then the applicant must drill monitoring wells in the required locations.

4. A detailed evaluation of the effect of groundwater upon surface water within a one-half (1/2) mile radius of the production well.

5. A long-term safe yield calculation based on the pump test results.

I. The applicant shall be required to provide an adequate supply of potable water to any person adversely affected by any well test promptly upon being notified by the Township or the affected well owner. This duty shall continue until the affected well is capable of producing an adequate supply of potable water to the well owner.