Power of Amendment.
The Board of Supervisors may from time to time amend, supplement, change, modify or repeal this chapter, including the Zoning Map. When doing so, the Board of Supervisors shall proceed in the manner prescribed in
§ 500-3303: Enactment of Zoning Ordinance amendments. of this article.
Who may initiate.
Proposals for amendment, supplement, change, modification or repeal may be initiated by the Board of Supervisors on its own motion, by the Planning Commission, or by petition of one or more owners of property to be affected by the proposed amendment. Each petition by one or more property owners shall be signed and acknowledged and submitted in writing to the Zoning Officer. The applicant(s) for an amendment to the Zoning Map shall submit the information required in
§ 500-3304: Plan requirements. and
§ 500-3305: Impact statements.
Enactment of Zoning Ordinance amendments.
A. Before voting on the enactment of an amendment, the Board of Supervisors shall hold a public hearing thereon, pursuant to public notice. In addition, if the proposed amendment involves a Zoning Map change, notice of said public hearing shall be conspicuously posted by the Township at points deemed sufficient by the Township along the perimeter of the tract to notify potentially interested citizens. The affected tract or area shall be posted at least one week prior to the date of the hearings.
B.For an amendment other than that initiated by the Planning Commission, the Board of Supervisors shall submit each such amendment to the Planning Commission at least 30 days prior to the hearing on such proposed amendment to provide the Planning Commission an opportunity to submit recommendations.
C. If after any public hearing held upon an amendment the proposed amendment is changed substantially or is revised to include land previously not affected by it, the Board of Supervisors shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment.
D. The Township shall submit each amendment to the Bucks County Planning Commission at least 30 days prior to the public hearing for recommendations.
E. The Township may offer a mediation option as an aid in completing proceedings authorized by this section. In exercising such an option, the Township and mediating parties shall meet the stipulations and follow the procedures set forth in
§ 500-3212: Mediation option. of this chapter.
F. Within 30 days after enactment, a copy of the amendment to the Zoning Ordinance shall be forwarded to the Bucks County Planning Commission.
Plan requirements.
The request for an amendment to the Zoning Map shall be accompanied by the following information:
A. A map, drawn to scale, showing the location, boundaries, dimensions, and ownership of land to be rezoned.
B. A statement outlining the nature, types of uses, general program of development, and other pertinent information with respect to the proposed development of the land to be rezoned.
C. A plan showing the land areas to be allocated to major use groups and buffer provisions along boundary lines. In addition, such plan shall show the applicant's conception of the entire layout to enable the Board of Supervisors to judge the character and general effectiveness of design of the subject land and its relationship to surrounding areas.
Impact statements.
The following impact statements shall be submitted with all petitions for zoning changes and when required by any other section of this chapter. The submission of a transportation impact study and fiscal impact analysis shall be based on the applicability criteria indicated below. These impact statements will be reviewed by the Township and must be found to be satisfactory prior to approving the use or zoning change. Any improvements identified by the studies will be required improvements at the time approval is granted.
A. Comprehensive Plan impact. The applicant shall submit an analysis which evaluates the consistency between his proposal and the Township Comprehensive Plan.
B. Natural resources impact. The applicant shall submit an analysis which evaluates his ability to meet the natural resource protection standards of
§ 500-2601: Natural resource protection standards of this chapter.
C. Transportation impact.
(1) The applicant shall submit a transportation impact study where the proposed use or development meets one of the following criteria:
(a) Residential: 50 or more dwelling units.
(b) Nonresidential: a proposed use or development which will generate 500 or more trips per day. The number of trips per day shall be determined through the use of Table 2: Trip Generation Rates. The proposed use or development is identified using the columns "Type of Land Use" and "Type of Development." The size of the proposed use or development (gross square footage, number of beds, etc.) is multiplied by the appropriate rate listed in the column "Average Trip Generation Rates" to determine the trips per day.
(2) The Middletown Township Planning Commission, at it discretion, may require that the petition for any other zoning change or an application for any other proposed use or development be accompanied by a transportation impact study; provided, however, that the Planning Commission notifies the applicant of such a requirement immediately following the Planning Commission's first meeting to consider the petition or application. Such a notification shall specify the reason for the requirement, citing the proposal's particular location or existing problems or type of use (i.e., generation of heavy truck traffic). The transportation impact study shall be submitted to the Township within 30 days of the date of said notification.
(3) The transportation impact study shall be conducted and prepared in accordance with the requirements of the Middletown Township Subdivision and Land Development Regulations (
Chapter 440: Subdivision and Land Development), which are incorporated herein by reference.
(4) When within their jurisdiction, the Middletown Township Planning Commission, the Bucks County Planning, the Municipal Engineer, the Zoning Hearing Board and the Board of Supervisors shall review the impact study to analyze its adequacy in solving any traffic problems that will occur due to the proposed use. The Board shall consider the impact study and the analysis of the impact study before the change of zoning or the application for a proposed use or development is allowed or denied.
D. Fiscal impact analysis.
(1) The applicant shall prepare and submit a fiscal impact analysis for the current zoning classification and for the proposed zoning district utilizing the following standards and methodologies. A tract of land containing less than five acres shall be exempted from this requirement.
(a) The Per Capita Multiplier Method, as defined in The New Practitioner's Guide to Fiscal Analysis (1985), by Robert W. Burchell, David Listokin and William R. Dolphin, shall be used to calculate the fiscal impact of nonresidential development.
(b) The Proportional Valuation Method, as defined in The New Practitioner's Guide to Fiscal Analysis (1985), by Robert W. Burchell, David Listokin and William R. Dolphin, shall be used to calculate the fiscal impact of nonresidential development.
(c) The annual net fiscal impact shall be calculated for the existing zoning district and any proposed zoning district using the above-referenced methodologies.
(d) The cumulative net fiscal impact over a ten- or twenty-year period, depending on the anticipated pace of development, shall be calculated for the existing and proposed zoning districts. The cumulative net fiscal impact analysis shall include reasonable assumptions regarding the pace and timing of development under the existing proposed zoning districts.
(e) The fiscal impact analysis will be conducted using the assumptions, parameters and performance standards specified in
§ 500-3305D(2) and (
§ 500-3305D(3)) below unless otherwise permitted by the Board of Supervisors. If the applicant wishes to deviate from any of the assumptions outlined in this chapter, the applicant shall submit an attachment to the fiscal impact study indicating any such deviation together with the applicable supporting data for the Board of Supervisors to consider in its review of the study.
(2) Nonresidential annual fiscal impact analysis; assumptions and parameters. The following assumptions shall be made and used for calculations involving nonresidential development, whether it be under the existing or proposed zoning district.
(a) The calculations shall be based on a specific development proposal or the full development potential of the subject property based on a reasonable use of the property and the maximum building coverage and impervious surface ratios permitted by the zoning district. To illustrate the development potential under the existing zoning classification, a conceptual sketch plan shall be included with the submission.
(b) The value of the development shall be based on the projected assessed land and building value.
[1] The projected assessed building and land value may be determined by applying the current county assessment ratio to the projected market value of the proposed nonresidential development. The assessment ratio can be obtained from the Bucks County Board of Assessment.
[2] If no reasonable estimate of the projected market value is available for the development alternative under the current zoning classification, the median assessed building value per square foot for building types of the same category constructed in the last seven years in the lower Bucks County area shall be multiplied by the projected number of square feet of building space to determine the projected assessed building value. The projected land assessed value shall be the current assessed land value per acre on the proposed site multiplied by the number of buildable acres.
(c) Employment projections shall be based on the employee-per-building-square-footage ratios published by the Urban Land Institute for various types of nonresidential uses. The ratios are as follows:
[1] Two and one-half employees per 1,000 square feet of retail space.
[2] Three employees per 1,000 square feet of office space.
[3] Two employees per 1,000 square feet of industrial space.
[4] Seven-tenths of one employee per 1,000 square feet of hotel space.
[5] Four employees per 1,000 square feet of public sector space.
(d) Tax and millage rates for the current year shall be obtained from the Township and Neshaminy School District.
(e) The following revenue sources shall be considered in calculating revenue generated by nonresidential development:
[1] Property taxes and applicable annual assessment supporting the Township's governmental fund types.
[2] The real estate transfer tax is a one-percent tax, collected at the time of sale, on the market value of real estate. When applicable, the tax shall be applied on an annual basis to 5% of the estimated market value of the development, indicating a nonresidential turnover rate of 5%. Revenue from the transfer tax is divided equally between the Township and the School District.
[3] All applicable taxes and license fees shall be considered in calculating revenue generated by nonresidential development. Taxes levied by the Township and School District include but are not limited to occupational privilege, mercantile, business license, amusement, vending machine and mechanical device. A complete list of taxes can be obtained from the Township and School District.
[4] Revenue generated by fines, forfeitures, permits and licenses, interest and rent shall be included. The calculations shall follow Burchell's Per Capita Multiplier Method.
[5] Intergovernmental aid generated for the Township by nonresidential development shall be limited to state subsidy revenue from liquid fuels and foreign fire casualty insurance taxes. If the current state aid formulas are not available, revenue from these sources shall be calculated by determining the per capita revenue from each source, using the Per Capita Multiplier Method, and multiplying the per capita value by: a) the ratio of the total value of the Township's nonresidential property to the total value of all Township property; and b) the development's projected number of workers.
[6] The analysis shall include municipal revenue generated by the nonresidential unit tax or the transportation impact fee, whichever is greater.
(f) Municipal expenditures for the proposed development are limited to general municipal operating and capital costs generated by the type of development proposed using the Proportional Valuation Method. Specific municipal expenditures subject to consideration under the Proportional Valuation Method shall be total expenditures for the Township's governmental fund types, plus (or minus) net operating transfers from the Township's nongovernmental fund types.
(g) School District's costs related to nonresidential development shall be assumed to be zero, unless otherwise required by Township officials.
(3) Residential annual fiscal impact; assumptions and parameters. The following assumptions shall be made and used in the calculations for residential development, whether it be for the existing or proposed zoning district:
(a) The calculations shall be based on a specific development proposal or the full development potential of the subject tract based on a reasonable use of the property at the maximum density permitted by the zoning district. To illustrate the development potential under the existing zoning district, a conceptual sketch plan shall be included with the submission.
(b) The value of the development shall be based on the projected assessed value.
[1] The projected assessed building and land value may be determined by applying the current county assessment ratio to the projected market value of the proposed residential development. The assessment ratio can be obtained from the Bucks County Board of Assessment.
[2] If no reasonable estimate of the projected market value is available for the development alternative under the current zoning classification, the maximum number of permitted housing units multiplied by the median sales price for new housing units sold in the Township of the type proposed or permitted shall represent the estimated market value. Information on median housing prices for the current year is available from the Bucks County Housing Prices and Affordability Study (current edition) prepared by the Bucks County Planning Commission.
(c) Population projections shall be based on the demographic multipliers for the Northeast United States published in the most recent American Housing Survey. The population projections should calculate the following:
[1] Total population created by the development based on the Demographic Multipliers for the Northeast for Common Configurations of Standard Housing Types for Total Household Size.
[2] Total school-age population projected for the development based on the Demographic Multipliers for the Northeast for Common Configurations of Standard Housing Types for School-Age Children.
[3] Total projected public school enrollment based on that portion of school-age children attending the Neshaminy School District.
(d) Tax and millage rates for the current year shall be obtained from the Township and Neshaminy School District.
(e) The following revenue sources should be considered in calculating revenue generated by residential development:
[1] Property taxes and applicable annual assessments supporting the Township's governmental fund types.
[2] The real estate transfer tax is a one-percent tax, collected at the time of sale, on the market value of real estate. The tax shall be applied on an annual basis on 10% of the estimated market value of the property, using a residential turnover rate of 10%. Revenue from the transfer tax is divided equally between the Township and the School District.
[3] The annual fee for municipal solid waste collection and the per capita tax shall be considered in calculating revenue generated by residential development.
[4] Revenues generated by fines, forfeitures, permits and licenses, interest and rents shall be included. The calculations shall follow Burchell's Per Capita Multiplier Method.
[5] Intergovernmental aid generated for the Township by residential development shall be limited to state subsidy revenue from liquid fuels and foreign fire casualty insurance taxes. If the current state aid formulas are not available, the Per Capita Multiplier Method shall be used to derive Township revenues from these intergovernmental sources. Revenue from these sources shall be calculated by determining the per capita revenue from each source, using the Per Capita Multiplier Method.
(f) Municipal expenditures for the proposed development are limited to general municipal operating and capital costs generated by the type of development proposed using the Per Capita Multiplier Method noted in The New Practitioner's Guide to Fiscal Analysis. Specific municipal expenditures subject to consideration under the Per Capita Multiplier Method shall be total expenditures from the Township's governmental fund types, plus (or minus) net operating transfers from the Township's nongovernmental fund types.
(g) School District revenues and expenditures.
[1] Tax rates for the current year shall be obtained from Neshaminy School District.
[2] Intergovernmental aid generated by residential development shall be limited to revenue sources where changes in the number of pupils enrolled in the School District directly impact the level of intergovernmental or other nonlocal aid. Such revenue sources include, but are not limited to, the Pennsylvania basic per-pupil subsidy and state transportation subsidies.
[3] School District expenditures shall be calculated in accordance with the Per Capita Multiplier Method in The New Practitioner's Guide to Fiscal Analysis.
Applicability of amendments.
When an application for either a special exception or a conditional use has been filed with either the Zoning Hearing Board or Board of Supervisors, as relevant, and the subject matter of such application would ultimately constitute either a land development or a subdivision, as defined in § 107 of the Municipalities Planning Code (MPC),[1] no change or amendment of the zoning, subdivision or other governing ordinance or plans shall affect the decision on such application adversely to the applicant, and the applicant shall be entitled to a decision in accordance with the provisions of the governing ordinances or plans as they stood at the time the application was duly filed. Provided, further, should such an application be approved by either the Zoning Hearing Board or Board of Supervisors, as relevant, applicant shall be entitled to proceed with the submission of either land development or subdivision plans within a period of one-year or longer, as may be approved by either the Zoning Hearing Board or Board of Supervisors, following the date of such approval in accordance with the provisions of the governing ordinances or plans as they stood at the time the application was duly filed before either the Zoning Hearing Board or Board of Supervisors, as relevant. If either a land development or subdivision is so filed within said period, such plan shall be subject to the provisions of Municipalities Planning Code § 508(1) through (4), and specifically as to the time limitations of Municipalities Planning Code § 508(4), which shall commence as of the date of filing such land development or subdivision plan. Said five-year period as set forth in Municipalities Planning Code § 508(4) shall be extended for the duration of any litigation or a sewer or utility moratorium imposed subsequently to the filing of the application for preliminary approval of a plat.
