The provisions of this chapter shall be enforced
by an agent, to be appointed by the Board of Township Supervisors,
who shall be known as the "Zoning Officer." The Zoning Officer shall
be appointed at the first meeting of the Supervisors following the
adoption of this chapter, to serve until the first day of January
next following, and shall thereafter be appointed annually to serve
for a term of one year and/or until his successor is appointed. The
Zoning Officer may succeed himself. He shall receive such fees or
compensation as the Township Supervisors may, by resolution, provide.
It shall be the duty of the Zoning Officer to keep a record of all
plans and applications for zoning permits and of all zoning permits
issued with notation of all special conditions attached thereto, all
of which records shall be open for public inspection. The Zoning Officer
shall have authority to issue zoning permits only for construction
and uses which are in accordance with the general requirements of
this chapter. Zoning permits for construction and uses which are permitted
by variance or special exception to such general requirements shall
be issued by the Zoning Officer only upon order of the Zoning Hearing
Board. The Zoning Officer shall issue no permits for the construction
or use of any land or building unless it also conforms to the requirements
of all other ordinances of East Norriton Township and with the laws
of the commonwealth. The Zoning Officer shall not hold any elective
office in the Township. The Zoning Officer shall be able to demonstrate
to the satisfaction of the Township a working knowledge of municipal
zoning. The Zoning Officer is authorized to institute civil enforcement
proceedings as a means of enforcement when acting within the scope
of his employment.
[Amended 1-3-2011 by Ord. No. 533]
Whenever a conditional use is authorized pursuant to the terms
of this chapter, as amended, the procedures for application and review
of requested conditional uses shall be as follows:
A. Written request. The landowner shall make a written request to the
Board of Supervisors that it hold a hearing on his or her application.
The request shall contain a statement reasonably informing the Board
of Supervisors of the matters that are in issue.
B. Plans and accompanying documents. The application shall be accompanied by plans and other materials in accordance with Article
XXII. If the application shall involve a subdivision or land development, then plans prepared in accordance with the requirements of Chapter
175, Subdivision and Land Development, of the Code of the Township of East Norriton shall be filed for review as well.
C. Hearing on conditional use request. The Board of Supervisors shall
hold a hearing upon the request, commencing not later than 60 days
after the request is filed, or as may be required by the Pennsylvania
Municipalities Planning Code, as amended, unless the applicant requests
or consents, in writing, to an extension of time.
D. Decision on conditional use request. In allowing a conditional use,
the Board of Supervisors may attach reasonable conditions and safeguards
as may be deemed necessary to implement the purposes of this chapter
and to ensure the protection of adjacent uses from adverse impacts
that may be determined by a fair preponderance of credible evidence.
E. Criteria and standards.
(1)
The applicant shall establish, by a fair preponderance of credible
evidence, that the conditional use complies with the intent of this
chapter and the uses permitted by conditional use.
(2)
The applicant shall establish, by a fair preponderance of credible
evidence, compliance with all conditions of the conditional use enumerated
in that section which gives the applicant the right to seek a conditional
use.
(3)
The applicant shall establish, by a fair preponderance of credible
evidence, that adequate screening is provided between the lands subject
to the conditional use application and surrounding residential uses
and residentially zoned districts to screen the facility from view,
preclude any glare from lighting or noise above the allowable decibel
level in the ordinance from being ascertained beyond the boundaries
of the property.
(4)
The applicant shall establish, by a fair preponderance of credible
evidence, that the proposed conditional use will be properly serviced
by all existing public service systems. The peak traffic generated
by the conditional use must be accommodated for in a safe and efficient
manner, or improvement must be made in order to effect the same. Similar
responsibility must be assumed with respect to other public service
systems, including, but not limited to, police protection, fire protection,
utilities, parks and recreation.
(5)
The applicant shall establish, by a fair preponderance of credible
evidence, that the proposed conditional use shall be in accord with
the comprehensive plan and any of its implementing or supporting plans
or policies.
(6)
The applicant shall establish, by a fair preponderance of credible
evidence, that the proposed conditional use shall comply or shall
be subject to waiver therefrom under all other applicable criteria
and standards of East Norriton Township ordinances and any other applicable
state or federal laws or regulations.
(7)
The applicant shall establish, by a fair preponderance of credible
evidence, that the plan for development for said conditional use shall
be properly designed with regard to internal circulation, parking,
building relationships, landscaping, ingress and egress, screening,
stormwater management and buffering.
(8)
The applicant shall establish, by a fair preponderance of credible
evidence, that the use intended at the location intended shall not
be contrary or adverse to the public health, public safety, or public
welfare.
[Added 1-3-2011 by Ord. No. 533]
An appeal or an application for a special exception or variance
from the terms of this chapter may be filed with the Secretary to
the Zoning Hearing Board and shall set forth the following facts:
A. Name and address of the applicant.
B. Name and address of the owner of the real estate to be affected by
the proposed exception or variance.
C. A brief description and location of the real estate to be affected
by such proposed change.
D. Present zoning classification of the real estate in question, the
improvements thereon and its present use.
E. Section of this chapter under which the variance or exception requested
may be allowed and reasons for which it should be granted.
F. A fee as established by the Board of Supervisors.
G. A plot plan, drawn to scale of not less than one inch equals 20 feet,
showing, at a minimum, the following features:
(1)
The name(s) of the property owner(s).
(2)
The address of the property.
(4)
The entire property, including property lines and distances.
(5)
Existing and proposed structures, including dimensions of all
sides.
(6)
Distances of existing and proposed structures from property
lines.
(7)
Existing and proposed roads, driveways and parking areas.
(8)
The areas (in square feet) of existing and proposed structures.
(9)
Existing and proposed impervious and building coverage percentages
for the property.
(10)
Floodplain conservation district boundary lines.