[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.
m. Register nonconforming structures, uses and lots in accordance with
provisions of Part 19.
[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.
[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.
(3)
The information in § 27-1901(a)(3).
(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.
(9)
Provisions to be made for treatment and disposal of sewage and
industrial wastes, water supply and storm drainage. Provisions for
stormwater management shall be made in compliance with the Stormwater
Management Ordinance.
(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.
[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.
[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.
[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.
[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.
b. The notice requirements applicable to zoning hearing board matters set forth in §
27-2312 shall also apply to conditional use applications.
[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 until submission of a complete application for a conditional
use, including all required impact studies.
(4)
Plan must be in accordance with sound standards of subdivision
and land development practice.
(5)
Plan must be consistent with the Township's Act 537 Plan for wastewater.
(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:
(c)
Natural features; floodplains, wetlands, lakes, ponds, forests.
(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:
(1)
Uses A5 Riding Academy and A7 Agricultural Retail.
(a)
Determine its compatibility with adjacent residential uses,
existing or potential.
(b)
Determine if the buffer requirements of §
27-1905 need to be supplemented with additional plantings.
(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).
(b)
Provide information concerning the recreation/patio area required
by § 27-304(B9)(i).
(ii) Proof that it can serve its intended purpose.
(iii) Method to abate impacts on neighboring properties.
(4)
Use B10f Accessory Trades, Business.
(a)
Provide general information concerning the proposed activity.
(b)
Show the location of the office and storage area and the square
footage devoted to each.
(c)
Indicate how the proposed activity will comply with the requirements
of § 27-304(B10a)(8) dealing with nuisance standards.
(5)
Uses C1 Place of Worship and C2 School.
(a)
Identify all accessory uses.
(b)
Show that proposed use will have adequate access.
(c)
Method of stormwater control.
(d)
Method to abate impacts on surrounding residential properties.
(e)
Provide sewage facilities impact statement and water impact
study.
(6)
Uses D1 Recreational Facility, D2 Private Recreational Facility,
D3 Private Club and D4 Community Center.
(a)
Identify specific uses and activities.
(b)
Specify location of outdoor activities; and the Board of Supervisors should determine if buffer requirements of §
27-1905 need to be supplemented.
(c)
Method of stormwater control.
(d)
Method to abate impacts on surrounding residential properties.
(7)
Uses E1 Medical Office and E2 Veterinary Office.
(a)
Determine if buffer requirements of §
27-1905 are adequate.
(b)
Specify hours of operation; if any hours are after 9:00 p.m.,
the Board of Supervisors should determine if additional improvements
are necessary to abate nuisances.
(c)
Use E1 shall provide a traffic impact study.
(d)
Use E2 should indicate how animal noises will be abated.
(8)
Use F8 Funeral Home or Mortuary.
(a)
Show that proposed use will have adequate access and parking.
(b)
Indicate how parking areas will be screened from view of adjacent
residential properties.
(c)
Method of stormwater management.
(d)
Method to abate impacts on surrounding residential properties.
(9)
Use F24 Bed and Breakfast.
(a)
Type of sewage disposal and proof of certification.
(b)
Method to abate impacts on surrounding residential properties.
(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).
(12)
Use G5 Cellular/Digital Telecommunications Facility.
(13)
Use 13 Temporary Structure.
(a)
Provide information on permanent structure to be placed on the
site.
(b)
Ensure that, financially, project can be completed.
(14)
Use 14 Temporary Community Event.
(a)
Specify the activity or event.
(b)
Specify hours of operation and number of days it will be occurring.
(c)
Show that the standards of § 27-304(I4)(c) will be
met.
(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.
(17)
Use 18 Towers, Masts, etc.
(a)
Show the location of the proposed structure on the site.
(b)
Provide proof that all adjacent property owners have been notified.
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.
[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.
b. The application shall be accompanied by plans and other materials in accordance with §
27-2203.
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 as well as any impact assessments required under §
27-2411.