East Rockhill Township
City Zoning Code
City Zoning Code
PART 22
ADMINISTRATION
§ 27-2200 Zoning Officer: Duties and Powers.
[Ord. 5/26/1987, § 2000; as amended by Ord. No. 303, 3/26/2024]
The provisions of this chapter shall be administered and enforced by the Zoning Officer who shall be appointed by the Board of Supervisors.
It shall be the duty of the Zoning Officer and he/she shall have the power to:
a.
Receive and examine all applications for zoning permits.
b.
Process zoning permit applications.
(1)
A9 and A11 Agricultural Uses.
(2)
B6 through B8 Residential Uses.
(3)
C1 through C7 Institutional Uses.
(4)
D1 through D4 Recreational Uses.
(5)
E1 through E4 Office Uses.
(6)
F1 through F33 Commercial and Consumer Service Uses.
(7)
G1 through G3 Utilities, Service and Transportation Uses.
(8)
H1 through H15 Industrial Uses.
c.
The Zoning Officer shall issue permits only where there is compliance with the provisions of this chapter, with other Township ordinances and with the laws of the Commonwealth and the Federal Government. 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.
d.
Receive applications for conditional uses, curative amendments and zoning changes, forwarding requests to the Board of Supervisors, Planning Commission and other appropriate agencies.
e.
Receive applications for special exceptions and variances and to forward these applications to the Zoning Hearing Board for action thereon.
f.
Following refusal of a permit, to receive applications for interpretation, appeals and variances. These applications will then be forwarded to the Zoning Hearing Board for action thereon.
g.
Conduct inspections and surveys to determine compliance or noncompliance with the terms of this chapter.
h.
Issue stop, cease, and desist orders and order in writing correction of all conditions found to be in violation of the provisions of all applicable Township ordinances. 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 issued lawfully by the Zoning Officer, and any person violating any such order shall be guilty of a violation of this chapter.
i.
With the approval of the Board of Supervisors, or when directed by the, 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 or use of any building, structure, or land or to prevent any illegal act, conduct, business or use in or about such premises.
j.
Revoke any order of zoning permit issued under a mistake of fact, or contrary to the law, or the provisions of this chapter.
k.
Record and file all applications for zoning permits with accompanying plans and documents. All applications, plans and documents shall be a public record.
l.
Maintain a map or maps showing the current zoning classification of all land in the Township.
§ 27-2201 (Reserved) [1]
[1]
Editor's Note: Former § 27-2201, Duties of the Township Planning Commission, adopted by Ord. 5/26/1987, § 2001, was repealed by Ord. No. 303, 3/26/2024.
§ 27-2202 Zoning Permits Required.
[Ord. 5/26/1987, § 2002; as amended by Ord. No. 303, 3/26/2024]
a.
Until a zoning permit has been secured from the Zoning Officer:
(1)
No use listed in Parts 4 through 13 may be established or changed; and
(2)
No structure shall be erected, constructed, reconstructed, altered, razed, removed and no building used or occupied, including for agricultural purposes; and
(3)
No structure shall be changed in use; and
(4)
No change in nonresidential use occupancy shall occur.
b.
Upon completion of changes 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 chapter.
§ 27-2203 Application Requirements for Zoning Permits.
[Ord. 5/26/1987, § 2003; as amended by Ord. 124, 7/8/1989, Art 2; by Ord. No. 303, 3/26/2024]
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 two copies of the following information:
(1)
A statement as to the proposed use of the building or land.
(2)
A site layout plan prepared by a design professional drawn to scale (one inch equals 100 feet or larger) 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.
(4)
The location, dimensions and arrangements of all open spaces, yards and buffer yards including methods to be employed for screening.
(5)
Copies of any deed restrictions, easements, or covenants on the property. The plan shall also show the location of any deed restrictions, easements, or covenants on the property.
(6)
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.
(7)
The dimensions, location and methods of illumination for signs if applicable.
(8)
The location and dimensions of sidewalks and all other areas to be devoted to pedestrian use.
(10)
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.
(11)
A description of any proposed industrial or commercial operations in sufficient detail to indicate effects of those operations in producing noise, blare, air pollution, fire hazards, traffic congestion or other safety hazards.
(12)
Description of methods to be employed in controlling any excess noise, air pollution, smoke, fumes, water pollution, fire hazards or other safety hazards.
(13)
Description of the method of supply of potable water.
(14)
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.
No permit for any new use or construction which will involve the onsite 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 approval has been granted by the Bucks County Department of Health.
§ 27-2204 Fees and Escrow Deposits.
[Ord. 5/26/1987, § 2004]
All applicants for zoning permits, special exceptions, conditional uses 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. 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.
§ 27-2205 Life of a Permit.
[Ord. 5/26/1987, § 2005]
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 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 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 one-year period.
§ 27-2206 Certificate of Occupancy.
[Ord. 5/26/1987, § 2006; as amended by Ord. No. 303, 3/26/2024]
a.
Hereafter, no structure erected, constructed, reconstructed, extended or moved and no land or building changed in use under a zoning permit shall be occupied or used in whole or in part for any use whatsoever or changed in nonresidential occupancy until the owner or authorized agent has been issued a certificate of occupancy by the Zoning Officer indicating that the building or use complies with the terms of zoning as provided in this chapter.
b.
No certificate shall be issued until the premises in question has been inspected and found by the Zoning Officer to be in compliance with this chapter. Issuance of temporary or conditional certificates of occupancy shall be made at the sole discretion of the Zoning Officer. In the event the Zoning Officer elects to issue a temporary or conditional certificate of occupancy, the applicant shall escrow funds in an amount equal to the costs to satisfy any outstanding conditions.
c.
The issuance of a certificate of occupancy in no way absolves the owner or authorized agent from compliance with the intent of this chapter.
§ 27-2207 Conditional Uses; Applicability.
[Ord. 5/26/1987, § 2007; as amended by Ord. 161, 10/17/1995, Art. 2; by Ord. No. 303, 3/26/2024]
a.
The Board of Supervisors shall have the power to approve conditional uses when this chapter specifically requires the obtaining of such approval and for no other purpose except that East Rockhill Township shall not be required to obtain conditional use hearing approval for Township owned, leased or operated recreational or utility uses or facilities. Such uses or facilities shall be deemed uses permitted by right subject to the dimensional requirements of the zoning district.
§ 27-2208 General Conditions for Conditional Uses.
[Ord. 5/26/1987, § 2008; as amended by Ord. 154, 11/16/1993, § 5; by Ord. 178, 9/15/1998; by Ord. No. 303, 3/26/2024]
a.
In granting a conditional use, the Board of Supervisors shall make findings of fact consistent with the provisions of this chapter. The Board of Supervisors shall not approve a conditional use except in conformance with the conditions and standards outlined in this chapter.
b.
The Board of Supervisors shall grant a conditional use only if it finds adequate evidence that any proposed development submitted will meet all of the following general requirements, as well as any specific requirements and standards listed herein for the proposed use. The Board of Supervisors shall require that any proposed use and location meet the following requirements:
(1)
Use must be suitable for the property in question, and designed, constructed, operated, and maintained so as to be in harmony with and appropriate in appearance to the existing or intended character of the general vicinity.
(2)
Use must be in conformance with all specific standards and applicable requirements of this chapter. Applicants must demonstrate that the proposed use will meet all chapter requirements.
(3)
Any impact study required by this chapter under Part 23 shall be submitted for review with the conditional use application. If an applicant seeks relief from the preparation of any impact study, this relief must be sought prior to the conditional use application. An application shall not be deemed complete for purposes of review times under the Municipalities Planning Code[1] until submission of a complete application for a conditional use, including all required impact studies.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(4)
Plan must be in accordance with sound standards of subdivision and land development practice.
(6)
Plan must be consistent with the Township Comprehensive Plan and with the Bucks County Comprehensive Plan policies.
(7)
Plan must demonstrate that the applicant has conducted a thorough site analysis and evaluation of the natural features on the site and in surrounding areas. The plan shall demonstrate that the proposed development has resulted from an assessment of site features and resources and that the minimum disturbance to natural features has been proposed. The features to be considered are:
(a)
Topography.
(b)
Drainage patterns.
(c)
Natural features; floodplains, wetlands, lakes, ponds, forests.
(d)
Vegetation.
(e)
Surrounding land uses.
(f)
Soils and geologic features.
(g)
Historic buildings on the site.
(h)
Road conditions and access.
(i)
Open space considerations: Township and County open space plans and natural areas inventories.
(8)
Any proposed land use which would have a regional impact and significance shall evaluate the regional impact of the proposed project with respect to its impact on the Township, surrounding municipalities, and the County of Bucks.
c.
In addition to the requirements specified in this chapter, the applicant shall provide the additional information require below and any information necessary for the Board of Supervisors to make its evaluation:
(2)
Use B5 Group Home.
(a)
Provide the means to ensure that the number of occupants will not exceed the maximum permitted by § 27-304(B5)(a).
(b)
Provide information concerning the potential sponsor and proof of its licensing by the County or State in accordance with § 27-304(B5)(d).
(c)
Provide proof that no other group home is within a one mile radius in accordance with § 27-304(B5)(f).
(3)
Use B9 Residential Conversion.
(a)
Show how the appearance of the building is to be maintained in accordance with § 27-304(B9)(a) and (b).
(4)
Use B10f Accessory Trades, Business.
(6)
Uses D1 Recreational Facility, D2 Private Recreational Facility, D3 Private Club and D4 Community Center.
(7)
Uses E1 Medical Office and E2 Veterinary Office.
(10)
Uses G1 Utilities, G2 Emergency Services and G3 Terminal.
(a)
Evaluate impact on neighboring properties and specify improvements to abate any nuisance.
(b)
Show that adequate access is available.
(c)
Use G2 and G3 should provide method of stormwater control.
(d)
Use G2 shall specify any accessory uses or activities.
(e)
Use G1 if a tower shall provide minimum yards equal to the height of the tower plus 100 feet.
(f)
Use G1 if a public water supply well shall comply with § 27-2411(e) of this chapter whether or not there is a presently proposed use or development and regardless of withdrawal rate.
(11)
Use G4 Airport/Heliport. Evaluate the impacts on neighboring properties and community and specify any improvements needed in addition to the requirements of § 27-304(G4).
(15)
Use 16 Wind Energy Conversion System. Provide proof that requirements of this chapter can be met.
(16)
Use 17 Air Landing Field. Evaluate impacts, particularly noise, on neighboring properties and specify any improvements needed in to abate nuisances.
d.
Review by Planning Commission. The Board of Supervisors shall request an advisory opinion from the Planning Commission on any application for a conditional use; the Planning Commission is to submit a report of such advisory opinion prior to the date of the public hearing held by the Board of Supervisors on an application. The Planning Commission may request a report from the Township Engineer.
§ 27-2209 Application Requirements for Conditional Uses.
[Ord. 5/26/1987, § 2009; as amended by Ord. No. 303, 3/26/2024]
Conditional use applications shall be governed by the following:
a.
The landowner shall make a written request to the Board of Supervisors that it hold a hearing on his application. The request shall contain a statement reasonably informing the Board of Supervisors of the matters that are in issue.
c.
The Board of Supervisors shall hold a hearing upon the request, commencing not later than 60 days after the request is filed, unless the applicant requests or consents in writing to an extension of time.
d.
For any conditional use application which will also require subdivision and/or land development approval, the applicant shall also supply a traffic impact study in a manner set forth in the East Rockhill Township Subdivision and Land Development Ordinance[1] as well as any impact assessments required under § 27-2411.