Township of West Norriton, PA PART 17 ADMINISTRATION

§ 27-1701 Appointment and Powers of Building Inspector.

[Ord. 524, 12/31/1991]

1. For the administration of this chapter, a Building Inspector, who shall not hold any elective office in the Township, shall be appointed.

2. The Building Inspector shall meet the qualifications established by the Township and shall be able to demonstrate to the satisfaction of the Township a working knowledge of municipal zoning.

3. The Building Inspector shall administer this chapter in accordance with its literal terms, and shall not have the power to permit any construction or any use or change of use which does not conform to this chapter.

4. The Building Inspector is hereby authorized to institute civil enforcement proceedings as a means of enforcement when acting within the scope of this employment.

5. It shall be his duty to examine all applications for permits, issue permits only for construction and uses which are in accordance with the requirements of this Chapter 27, record and file all applications for permits with any accompanying plans and documents, and make such reports as the Township Commissioners may require. Permits for construction and uses which are a special exception or variance to requirements of this Chapter 27 shall be issued only upon order of the Zoning Hearing Board.

§ 27-1702 Requirements of Zoning Permit.

[Ord. 524, 12/31/1991; as amended by Ord. 2016-705, 12/13/2016]

A zoning permit shall be required prior to the construction or structural alteration of any building, structure, pool, garage, shed, fence, deck, sign, parking area, driveway and apron, curbing, sidewalk, or 120 square feet or more of impervious surface. Applications shall be made in writing on forms furnished by the Township. The Building Inspector shall require that the application for a zoning permit shall contain all the information necessary to enable him or her to ascertain whether the proposed building complies with the provisions of this Chapter 27.

§ 27-1703 Application for Zoning Permit.

[Ord. 524, 12/31/1991; as amended by Ord. 2016-705, 12/13/2016]

All applications for zoning permits shall be accompanied by plans, in duplicate, drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the exact size and location of any buildings existing on the lot, or within 50 feet of the side and rear lot lines; the lines within which the proposed building, structure, or any item that requires a zoning permit in § 27-1702 of this Part shall be erected or altered; the existing and intended use of each building or part of a building; the number of families or housekeeping units the building is designed to accommodate; and such other information as may be necessary to determine compliance with this Chapter 27 and all other pertinent ordinances.

§ 27-1704 Issuance of Zoning Permit.

[Ord. 524, 12/31/1991; as amended by Ord. 2016-705, 12/13/2016]

Zoning permits shall be granted or refused within 15 days after the written application has been filed with the Building Inspector. No zoning permit shall be issued until the Building Inspector has certified that the proposed construction or alteration complies with all the provisions of this Chapter 27. Upon the completion of the erection or alteration of any building or portion thereof authorized by any zoning permit obtained in compliance with this Chapter 27, and prior to occupancy, use or sale thereof, the holder of such permit shall notify the Building Inspector of such completion and shall apply for a use registration permit, which shall be assignable. The building shall not be occupied, used or sold until a use registration permit has been issued to the owner thereof.

§ 27-1705 Requirements of Use Registration Permit.

[Ord. 524, 12/31/1991]

A use regulation permit shall be required for any of the following:

1. Occupancy, use and/or sale of any building hereafter erected or altered.

2. Change in use of an existing building to a use of a different classification.

3. Occupancy and use of vacant land, or change in use of land to a use of a different classification.

4. Any change in use or extension of a nonconforming use.

This permit shall indicate that the proposed use of such building or land is in conformity with the provisions of this Chapter 27.

§ 27-1706 Issuance of Use Registration Permit.

[Ord. 524, 12/31/1991]

Use registration permits shall be granted or refused within 10 days after the Building Inspector has been notified of the completion of the authorized construction or alteration, or, where no construction or alteration is involved, within 10 days after receipt of written application therefore. Upon written request from the owner, the Building Inspector shall issue a use registration permit for any building or land existing on August 8, 1952, certifying, after inspection, the extent and kind of use or disposition of the buildings or land, and whether such use or disposition conforms with the provisions of this Chapter 27. Pending completion of a building or of alterations thereto, a temporary use registration permit may be issued by the Building Inspector, for the use of a part or all of the building, provided that such temporary occupancy or use would not tend in any way to jeopardize life or property. A record of all use registration permits shall be kept on file in the office of the Township Commissioners, and a copy of any such permit shall be furnished upon request to any person having a proprietary or tenancy interest in the building or premises affected. Where, under the provisions of Chapter 18, Sewers and Sewage Disposal, of this Code, an owner is required to connect a building to the sanitary sewer system of the Township Municipal Authority, the Building Inspector shall not issue either a use registration permit or a temporary use registration permit until such owner has furnished to him a written certificate from the Secretary of the Authority certifying that such owner has paid to the Authority the required connection fee and the building has been connected to the sewer in a manner satisfactory to the Authority.

§ 27-1707 Fees.

[Ord. 524, 12/31/1991; as amended by Ord. 2016-705, 12/13/2016]

Fees for zoning permits shall be paid in accordance with a fee schedule to be adopted by resolution by the Township Commissioners, and all such fees shall be paid into the Township Treasury. Each applicant for a use registration permit, or for an appeal, special exception, or variance, shall, at the time of making application, pay a fee, in accordance with the aforementioned fee schedule, for the cost of administration, or of advertising and mailing notices as required by this Chapter 27 and the rules of the Zoning Hearing Board, provided that there shall be no charge for an original use registration permit.

§ 27-1708 Conditional Use Procedures.

[Ord. 524, 12/31/1991; as added by Ord. 545, 4/8/1996, § 2; and amended by Ord. 547, 5/13/1996, § XV]

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:

1. Written Request. The landowner shall make a written request to the Board of Commissioners that it hold a hearing on his or her application. The request shall contain a statement reasonably informing the Board of Commissioners of the matters that are in issue.

2. Plans and Accompanying Documents. The application shall be accompanied by plans and other material in accordance with § 27-1703 herein. If the application shall involve a subdivision or land development, the plans prepared in accordance with the requirements for preliminary plans of the Township Subdivision and Land Development Ordinance [Chapter 22] shall be filed for review as well. In the event of a conditional use application pursuant to § 27-1001P of this chapter, the master plan required by § 27-1008 herein shall be sufficient to satisfy the plan requirements of this section.

3. Hearing on Conditional Use Request. The Board of Commissioners shall hold a public hearing upon written request and shall give public notice as defined herein. The hearing shall be held within 60 days after the date the request is filed, unless the applicant requests or consents in writing to an extension of time.

4. Decision on Conditional Use Request. In allowing a conditional use the Board of Commissioners may attach reasonable conditions and safeguards as may be deemed necessary to implement the purposes of this chapter and ensure the protection of adjacent uses and streets from adverse impacts that may be determined from credible testimony.

5. An applicant for a conditional use shall have the burden of establishing:

A. That the application falls within the provision of the ordinance which accords the applicant the right to seek a conditional use.

B. The allowance of the conditional use will not be contrary to the public interest.

C. The applicant shall have the duty of presenting credible evidence relating to the above as well as any specific criteria established for the conditional use within the district allowed.

D. That the application shall be suitable in terms of effects on highway traffic and safety including the arrangement for access and interior circulation to protect streets from undue congestion and hazard. When required by the Township, a traffic impact report shall be prepared at applicant's expense to demonstrate the impact of the proposal on the levels of service of adjoining street frontages and intersections along major highways within 1,000 feet of the property. If required as a condition of approval by the Board of Commissioners, the applicant shall be required to implement required traffic and transportation improvements and/or detail the source for these improvements and coordinate the phasing of the proposed development with those highway intersection improvements deemed appropriate by the Township.

§ 27-1709 Expiration of Conditional Uses, Special Exceptions and Variances.

[Added by Ord. No. 2020-744, 10/13/2020]

A conditional use, special exception, or variance shall expire if the applicant fails to obtain a use permit within 12 months of the date of the granting of the conditional use, special exception, or variance; provided, however, that:

1. If the subject matter of the use ultimately constitutes either a subdivision or land development:

A. The conditional use, special exception, or variance shall expire if the applicant fails to file the required subdivision or land development plan within 12 months of the granting of the conditional use, special exception, or variance; provided; however, that:

B. The applicant shall have 12 months after the final plans of the subdivision or land development are approved and recorded to obtain a use permit.

2. The governing body may grant one extension of time if the landowner or his agent requests such an extension, and if good cause for the extension is shown; provided, however, that the extension shall be for no more than one year.