Township of East Norriton, PA
Montgomery County
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Table of Contents
Table of Contents
For the purpose of this chapter, the following regulations shall govern each and every district.
In the event that any lot is held of public record in single and separate ownership on the effective date of this chapter, which shall not be of sufficient size or dimension to permit the erection of a building thereon in accordance with the requirements of this chapter, and provided that the Zoning Hearing Board shall find that the necessary additional ground is not available because of the settled condition of the neighborhood or because of inability of the owner to acquire additional ground upon fair terms, the Zoning Hearing Board may grant a variance for the use of such lot upon such conditions as the Zoning Hearing Board may specify so that the minimum and maximum regulations of the district shall be met as closely as possible. In cases where all requirements of the applicable district can be met except for lot area, the Zoning Officer shall have discretion to permit a permitted use.
No lot shall be so reduced that the area of the lot or the dimensions of the required open space shall be less than herein prescribed.
A. 
Where there is pronounced uniformity or alignment of the fronts of existing buildings on the same side of the street within 200 feet of each side line of a proposed building, the front yard requirement of the district may be modified as to said building to permit a depth of not less than the mean front yard existing within said district.
B. 
Where there is a conflict in providing for the installations of the requirements to comply with the Americans with Disabilities Act, the front yard setback shall be allowed to be reduced to meet these requirements so long as no interference is created with pedestrian, vehicle or emergency access.
There shall be measured along the center line of intersecting streets a minimum clear sight triangle of 75 feet from the point of intersection. Within the sight triangle, no wall, fence or other structure shall be erected, altered or maintained and no hedge, trees, shrub or other growth shall be planted or maintained which shall interfere with a free or unobstructed view down and across lands within such sight triangle.
Accessory uses authorized in this chapter shall include the following:
A. 
Uses accessory to agriculture: noncommercial greenhouses and barns; the keeping, breeding and management of livestock and poultry, but in such quantities and to such extent as are customarily incidental to the principal use; and the preparation of products on the premises for use and the disposal thereof by marketing or otherwise. Roadside stands for the sale of products produced on the premises on which the stand for the sale of products is located shall be permitted upon the following conditions:
(1) 
An annual permit is secured from the Zoning Officer.
(2) 
The location shall not be within the boundaries of any street.
(3) 
The location shall not be nearer than 60 feet to any intersection.
(4) 
Parking for stopping vehicles shall be provided off the paved portion of the street of a sufficient width so as to not interfere with the safety of persons stopping or using the street. Parking nearer than 30 feet to an intersection shall not be permitted.
(5) 
One stand not exceeding 400 square feet and one story high is permissible as an accessory use. The stand shall be constructed in accordance with the East Norriton Township Building Code.[1] It may be permitted to remain until a renewal permit is secure for the following year. If no renewal permit is secured by July 1 of any year, said stand shall be removed within 30 days of the receipt of notice in writing from the Zoning Officer. No permit shall be valid beyond December 31 of any year.
[1]
Editor's Note: See Ch. 72, Building Construction.
B. 
Uses accessory to dwelling:
(1) 
A private garage shall require a zoning permit and be constructed to the then current building codes in effect. A private garage with a total area no greater than the square footage of the first floor of the dwelling to which it is accessory, private parking spaces, shelters for not more than three domestic pets owned by the occupant and one temporary structure as outlined in § 205-17 for the occupants' noncommercial use. The housing of pigeons, chickens, ducks or other fowl and the keeping of farm animals shall not be permitted.
(2) 
Swimming pools for the use of dwelling residents and guests only, provided that it is located in the rear yard, unless it is a corner property. The minimum setback for swimming pools in an AR, BR, RP or RO Residential District shall be 20 feet to all property lines.
(3) 
Home occupation only as defined in § 205-5.
(4) 
Relative quarters, subject to the following conditions:
(a) 
Neither the present structure nor the proposed addition shall at any time be occupied by any person other than the property owner and members of his or her immediate family.
(b) 
Any sale, lease, transfer or other alienation of the property shall be as a single-family dwelling and shall include the entire structure located on the property.
(c) 
The owner shall not lease or rent the in-law quarters as an apartment or separate dwelling.
(d) 
Upon the sale, transfer or other alienation of the property, unless the appropriate deed restriction has been filed with the Recorder of Deeds and the property is being continued as a relative quarters by the new owner/buyer, there shall be no more than one kitchen and/or cooking facility located thereon. Any additional kitchen or cooking facility on the property must be removed prior to sale, transfer or other alienation of the property.
(e) 
In-law quarters must be located in the existing dwelling or must be attached to the existing dwelling, and there shall always be maintained the standard doorway and/or passageway connecting the principal residence and the in-law quarters. In-law quarters shall not be located in a separate freestanding building.
(f) 
The applicant shall prepare and file with the Recorder of Deeds a deed restriction, in a form acceptable to the Township Solicitor, setting forth the conditions set forth in Subsection B(4)(a) through (e) above, which shall reflect that the property is encumbered with those specific conditions.
(g) 
A one-year renewable permit issued by the Township Zoning Officer shall be required to ensure compliance with this chapter. The fee for this permit shall be established by resolution of the Board of Supervisors.
(5) 
Portable and standby electric generators when rated at 24 KW or less, provided that such generators are used only during times of loss of utility-provided power, except that such generators may be exercised for a period of no more than one hour from 9:00 a.m. to 6:00 p.m. when they are located behind the building setback line.
[Added 10-27-2015 by Ord. No. 566]
C. 
Uses accessory to an Institutional District:
(1) 
Fund-raising activities conducted inside or outside a structure, subject to the following regulations:
(a) 
All licenses and permits must be obtained, and all applicable fees shall be paid by each outside vendor.
(b) 
All parking, traffic and crowd control shall be the responsibility of the institution.
(c) 
Signs may be erected in accordance with § 205-117 of this East Norriton Township Zoning Chapter.
(d) 
A list of all outside vendors participating in a fund-raising activity shall be submitted to the Township by the institution prior to the start of the activity.
D. 
Uses accessory to all zoning districts:
[Added 1-3-2011 by Ord. No. 533]
(1) 
Solar and small wind-powered generation devices rated at 200 KW or less may be installed on existing structures that conform to current height and setback requirements of the zoning district in which they are located.
[Amended 10-27-2015 by Ord. No. 566]
(2) 
Ground-mounted solar and small wind-powered generation devices rated at 100 KW or less subject to the following:
(a) 
Solar or small wind-powered generation devices shall not be permitted in the front yard of any district nor forward of the line of the rear facade of any principal building which occupies the lot.
(b) 
Solar or wind-energy devices shall be permitted within side or rear yards established for the district and shall be set back from the property line a distance equal the greater of the following:
[1] 
Five feet; or
[2] 
The maximum height of the device measured from the ground level upon which it will be installed.
(c) 
In no event shall the maximum height measured to its highest point exceed:
[1] 
Fourteen feet for freestanding solar panels.
[2] 
Thirty-five feet for small wind-powered generation devices. For devices having rotor blades that rotate around a horizontal axis, the height shall include the highest point of the rotor blade above ground elevation.
(d) 
Special regulations for small wind-powered generation devices:
[1] 
In residential districts only devices with vertical axis rotors shall be permitted.
[2] 
The lowest part of a horizontal rotor blade shall be a minimum of 25 feet higher than the surrounding ground elevation. The lowest part of a wind turbine with vertical axis rotors shall be a minimum of 15 feet higher than the surrounding ground elevation.
[3] 
Measured at the property line, the sound shall in no event neither exceed 65 dB nor be greater than 10 dB above the ambient noise level.
[4] 
There shall be no climbable features less than 15 feet from ground elevation.
[5] 
There shall be not more than one small wind turbine per acre, or more than two per individual lot.
[6] 
Color. Acceptable colors shall be limited to matte grey, light sky blue, or silver. Other colors or combinations of colors may be acceptable subject to the approval of the Board of Supervisors, provided the color(s) are determined to be stealth in nature.
[7] 
No advertising, logo or signage of any kind shall be permitted on the wind turbine structure or rotor blades.
[8] 
No light source shall be permitted on the device.
[9] 
Removal of devices (turbines) required. The property owner shall be required to remove small wind turbines that have either been abandoned or are not in operation for three consecutive months.
[10] 
Manufacturer’s construction and electrical drawings shall be submitted for approval by a Pennsylvania licensed Building Code Official.
[11] 
A manual override braking system shall be required during power outages.
[12] 
A plot plan indicating the location of the turbine, including dimensions from property lines, road rights-of-way, utility easements, and occupied buildings shall be provided.
[13] 
Pennsylvania P.E. sealed twenty-four-inch-by-thirty-six-inch structural drawings with wind load calculations.
A. 
For temporary structures of up to 168 square feet, there shall be a minimum setback of five feet from any side or rear property line. The placement of any temporary structure shall not be any further forward than the rear wall of the primary structure, shall not be located in the front yard, in any easement or in any drainage way that would affect the overall public interest. A temporary structure shall not exceed 14 feet measured to its highest point.
[Amended 4-28-2009 by Ord. No. 515]
B. 
For temporary pool structures erected in a residential townhouse development, this side and rear yard requirement shall be reduced to four feet each; provided, however, that the installation of a temporary pool structure will not be allowed where the installation thereof will violate a private restriction or will have any adverse effect on the stormwater drainage system.
C. 
The determination of any adverse effect on the stormwater drainage system shall be made by the Township Zoning Officer. Appeals from an adverse decision of the Zoning Officer shall be made pursuant to this Township Zoning Ordinance.
A. 
Each and every lot shall abut a public street serving as a means of vehicular and pedestrian travel, furnishing access to abutting properties for at least 100 feet at the right-of-way, with the exception of lots in the BR Residential Districts, which shall be required to abut public streets for at least 80 feet at the right-of-way, and with further exception of CR Residential District lots in fee simple sale cases, which lots shall be required to abut a public street for at least the same width as required by Article VIII, § 205-38E, for a minimum width at the building line; however, in a CR Residential District in which the lots do not rely for access on a dedicated street or a street proposed to be dedicated, this section shall not apply. The length of a lot abutting a public street at the right-of-way line may be reduced to 50 feet for lots abutting the turnabout portion of the permanent cul-de-sac streets in AR Residential and BR Residential Districts.
B. 
A "public street" shall mean an improved state highway, improved county highway or street improved in accordance with East Norriton Township's current standards and regulations.
A. 
Mobile homes and mobile home parks. In any AR Residential District or BR Residential District, mobile homes may be located on individual lots or in a land development commonly known as a "mobile home park." All of the provisions of AR Residential and BR Residential Districts shall be complied with.
B. 
In the case of development in any Zoning District except AR Residential and BR Residential, no building permit shall be issued until the proposed site has been reviewed by the Township Engineer and found to be in accordance with the following requirements:
(1) 
The development shall consist of harmonious selection of uses and grouping of buildings, service and parking areas, circulation and open spaces, planned and designed as an integrated unit, in such manner as to constitute safe, efficient and convenient development.
(2) 
The proposed development shall be constructed in accordance with an overall plan with appropriate landscaping.
(3) 
Adequate area shall be provided for loading and unloading of delivery trucks and other vehicles; servicing of shops by refuse collection, fuel, fire and other service vehicles; and automobile accessways; and service areas shall be screened from view from any abutting roadway and from within the parking area. The requirements of Article XVIII of this chapter shall also apply.
(4) 
Provision shall be made for safe and efficient ingress and egress to and from public streets and highways serving the development without undue congestion to or interference with normal traffic flow. Wherever practical and recommended by the Township Engineer, common vehicular access points shall be required.
(5) 
A description of the commercial uses proposed, including approximate number of employees and an indication of the number of customers in sufficient detail to indicate the effects of those operations in producing traffic congestion, noise, glare, air pollution, water pollution, fire hazards or safety hazards, shall be provided.
(6) 
If deemed appropriate, the Township Engineer may consult with the East Norriton Township and Montgomery County Planning Commissions.
A. 
In the SC, C, EC and ECII Districts, a nonrenewable special use permit may be issued by the Zoning Officer to existing lawful tenants to allow for special outdoor events, including lawful retail sales, subject to the following conditions:
[Added 12-23-2008 by Ord. No. 512]
(1) 
Events must be temporary in nature, not to exceed seven consecutive days, except those seasonal sale items which, by their nature, require a longer selling period (e.g., Christmas tree sales).
(2) 
No event shall use more than 25% of the usable lot area, excluding buffer zones.
(3) 
Application for such temporary use permit must be made in writing to the Township Zoning Officer and must be executed by both the landowner and the proposed land user.
(4) 
A nonrefundable permit fee and refundable escrow fee to ensure restoration of the area to its former condition, as required in the Township Fee Schedule,[1] must accompany the application.
[1]
Editor’s Note: The fee schedule is on file in the Township offices.
(5) 
All temporary structures erected as part of the special use must conform to the requirements of the Pennsylvania Uniform Construction Code, as amended. Temporary structures shall be removed immediately upon the conclusion of the event.
(6) 
All applicants shall provide safe and adequate off-street parking and adequate traffic and crowd control.
(7) 
All appropriate Township licenses, taxes and permits must be obtained from the respective Township offices prior to issuance of this permit.
B. 
Failure to comply with any of the aforesaid requirements or conditions shall constitute a violation of this chapter and shall result in forfeiture of applicant's escrow deposit and any other penalties provided for under this chapter.
[Added 5-27-2014 by Ord. No. 553[1]]
Group homes shall be permitted by special exception in the AR, BR, BR-1, MR, GA, CR, HR, HR-1, RR, RP, RO, ATR, and IN Zoning Districts, subject to the additional requirements listed below. Prior to obtaining a permit for a group home use, the applicant shall provide evidence that the group home will be in compliance with the below regulations, and the below regulations shall be in full force and effect so long as the dwelling continues to be used as a group home:
A. 
A fire sprinkler system which complies with NFPA 13D (2007) shall be installed throughout the group home and any attached accessory buildings.
B. 
A fire alarm system which complies with Chapter 11 of NFPA 72 (2007) shall be installed throughout the group home and any attached accessory structures.
C. 
When applying for a group home permit, the applicant shall provide a dimensioned floor plan indicating the size of each room, including sleeping rooms, and identifying the maximum number of residents who will occupy each sleeping room, to demonstrate that the home will not be overcrowded and in compliance with all applicable building codes.
D. 
When applying for a group home permit, the applicant shall provide a written statement describing how the facility will have adequate trained staff supervision for the number of residents and their related disability or disabilities.
E. 
In place of the off-street residential parking requirements for residential units, a group home shall provide a minimum of four off-street parking spaces. A group home with more than four residents shall provide one additional off-street parking space for every two residents, or fraction thereof, in excess of four residents. All parking spaces shall measure no less than nine feet in width and 18 feet in length, and a garage shall not be counted as a parking space.
F. 
Supervisory, counseling and medical services shall be provided only to residents of the group home, and no outpatient services will be provided to individuals who are not residents of the group home.
G. 
A minimum of one nonresident (caretaker) employee shall be on the premises at all times and shall be readily available to provide assistance to residents of the group home.
H. 
All nonresident (caretaker) employees shall be qualified by training and/or experience to provide supervision and care to residents of the group home.
I. 
If a group home is in a residential district, an appearance shall be maintained closely similar to nearby dwellings, and no sign shall identify the use.
[1]
Editor's Note: This ordinance also provided for the renumbering of former §§ 205-21, 205-21.1, 205-21.2, 205-21.3, 205-22 and 205-23 as §§ 205-22, 205-22.1, 205-22.2, 205-22.3, 205-23 and 205-24, respectively.
A. 
It is hereby recognized that certain uses may be necessary to serve the needs and convenience of the Township, but which uses may become inimical to the public health, safety and general welfare by reason of their inherent nature and/or operation and therefore require special and proper consideration of existing and probable future conditions and characteristics of the surrounding area. Such uses are hereby declared to be conditional uses and may be permitted upon written application to the Township, review by the East Norriton Township Planning Commission and approval by the Board of Supervisors of East Norriton Township, provided that said use is shown as a conditional use in the Zoning District Schedule for the district in which the use is proposed and subject to the following considerations:
(1) 
The suitability of the property for the use desired.
(2) 
The effect of the proposed use upon the safety and health of the immediate neighborhood and the general public therein.
(3) 
The effect of the proposed use upon the character of the immediate neighborhood so as to conserve the value of existing buildings and encourage the most appropriate use of the land.
B. 
In granting a conditional use, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this section and the Zoning Ordinance. The burden of proof in any application for a conditional use shall be on the applicant to prove that the use is one which is permitted by conditional use and that the proposed use will not adversely affect the general public.
A. 
The following provisions shall apply to family day-care centers, group day-care homes and day-care centers.
(1) 
An approved Pennsylvania Department of Public Welfare registration certificate or license, as appropriate must be obtained, and all Department of Public Welfare regulations, including those standards governing adequate indoor space, accessible outdoor play space and any applicable state or local Building and Fire Safety Codes, must be met.
(2) 
Each owner or operator shall register with East Norriton Township prior to the issuance of a use and occupancy permit. The owner or operator must certify compliance with all applicable Township and state requirements for child care.
(3) 
Firesafety. The owner or operator shall allow the premises to be inspected by the Township Fire Marshal and shall implement all required corrective measures and within the time limits stated by the Fire Marshal.
(4) 
Inspection. The owner or operator shall permit inspection of the premises for compliance with the requirements of all applicable Township and state requirements by Township employees as are designated to perform such inspections.
B. 
The following provisions shall apply to group day-care homes and day-care centers.
(1) 
Buffer standards. All side or rear property lines abutting residential uses in the Township or in an adjacent municipality shall be screened so as to provide an appropriate visual and noise buffer between the adjacent land uses. The following standards apply to all required buffers:
(a) 
Buffers shall contain combinations of evergreen and deciduous vegetation, earthen berms, fences and/or walls. The buffer shall be a minimum of five feet in width. No more than 25% of the screen shall be composed of fences or walls. Earthen berms shall not exceed four feet in height.
(b) 
The required buffer is to be a minimum of six feet in height at the time of installation.
(c) 
All plant material shall be guaranteed for two years. All plant material which dies within that time shall be replaced by the applicant.
(2) 
Parking for employees and clients. At least one on-site parking space must be provided for each 200 square feet of floor area dedicated to child care. This parking is in addition to any required for any other use on the site.
(3) 
Dropoff and pickup area.
(a) 
A minimum of one vehicle space for dropoff and pickup shall be provided for each eight children cared for. These spaces must be located so as not to conflict and interfere with vehicular traffic or cause a stacking of cars waiting to enter the dropoff and pickup area.
(b) 
The dropoff and pickup area shall be made up of two one-way aisles. One aisle shall be used for dropoff or receiving of children and shall have a width of 12 feet. The second aisle shall be used for passing and shall have a ten- to twelve-foot width. The minimum required length for each space is 22 feet.
(4) 
Entrance/exit accessibility.
(a) 
The entrances/exits of the child care service use should be visible from the pickup/delivery area. Parents and children should be able to access the center from the dropoff/pickup area and parking areas without crossing vehicular traffic lanes or other dissimilar uses.
(b) 
When located in a multiuse building complex, entrances/exits should have direct access to the child-care center without walking through other significant portions of the building. In all cases, a secondary entrance/exit should be provided for emergency use.
(5) 
Entrance/exit control. The center should control the entrance and exit to the child-care center to prevent unauthorized access to the portion of the child care use housing the children without being physically admitted by a staff member. Anyone leaving the center should similarly come under the direct control of center personnel.
(6) 
Play area setback. All structured play areas or other areas of high activity shall not be located in any required or provided front yard. Such uses when located at other locations on the property shall be so located and designed so as to address the question of separation and protection from noise for the adjoining properties. This may be accomplished by means of landscaping as set forth elsewhere herein, and sound deadening devices and other suitable methods. These uses shall not be located within 10 feet of a rear or side yard property line.
(7) 
Recreational spaces: location. An outdoor play area as required by state regulations shall be provided and shall be located immediately adjacent to the child-care center.
Forestry, as defined in § 205-5, shall be permitted in any zoning district in the Township, subject to the following regulations and requirements:
A. 
Forestry activities. Forestry activities shall be practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting, and selling of trees for commercial purposes. A plan shall be filed with the Township which shall provide measures for erosion and sedimentation control and the immediate replanting of trees on areas where existing tree growth has been harvested.
B. 
Setbacks. Buildings, including accessory structures, and the harvesting or cutting of timber which is part of any forestry operation within the Township shall be set back from property lines and road frontages as follows:
(1) 
Font yard setback: 100 feet;
(2) 
Side yard setback: 100 feet;
(3) 
Rear yard setback: 100 feet;
(4) 
Setback from any residential building: 100 feet; and
(5) 
Setback from road frontages: 100 feet.
C. 
Hours of operation. No forestry operations conducted in the Township shall commence operations of any machinery utilized in the forestry business, including motorized vehicles engaged in the business, until 7:00 a.m., and all such operations shall cease by 5:00 p.m., prevailing time, Monday through Friday only.
D. 
Exterior storage. Any exterior storage of lumber or forestry product or by-product shall comply with all recognized fire standards and safety standards and shall be screened from view with the planting of an appropriate evergreen screen.
E. 
Deliveries or transport to and from the site. No deliveries to the location or transportation of product or by-product of the forestry operation shall be conducted except between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday only.
F. 
External illumination. Any external illumination to be placed on the site as part of or to assist in the forestry operation shall be shielded from direct visual observation on any adjoining property or along any adjacent roadway.
G. 
Signage and retail operations. No sale of any of the lumber or any other product or by-product of the forestry operation may be sold on the premises where the forestry operation is conducted.
[Added 12-23-2008 by Ord. No. 512[1]]
A. 
Fences that do not exceed six feet in height are permitted in all districts. Fences shall not extend toward the front of the building line further than the front wall of the structure except that an open fence may enclose the front of the property but shall not exceed four feet in height and may not be placed in the right-of-way. The use of barbed wire or razor wire is prohibited.
B. 
In nonresidential districts that abut a residential district, a solid wood or PVC fence not exceeding eight feet in height may be installed along the rear property line to serve as a buffer between the nonresidential and residential districts. In all other nonresidential districts, fences greater than six feet in height but not exceeding eight feet in height are permitted by special exception when authorized by the Zoning Hearing Board.
[1]
Editor’s Note: This ordinance also repealed former § 205-21.3, Net lot area requirements for residential districts.
[Added 10-27-2015 by Ord. No. 566]
Limited personal service: a retail facility offering psychic readings, body piercing, branding or tattooing of persons and similar uses. The following requirements shall be met:
A. 
The service must be performed in sanitary conditions and in compliance with all federal, state, and local regulations, rules, and laws regulating such practices.
B. 
The place of service shall be a minimum of 1,000 feet from any property on which a public or private school is located.
C. 
The limited personal service provider shall display notices as required by Pennsylvania law regarding the necessity of parental consent before any procedure is performed on a minor.
[Added 10-27-2015 by Ord. No. 566]
A. 
Permit required. Outdoor food service is permitted as a use accessory to a principal restaurant use, retail food establishment and microbrewery, subject to the following requirements:
(1) 
All permits required by this section shall be applied for and obtained from the Zoning Officer.
(2) 
Outdoor food service is permitted as an accessory use to permitted restaurant uses, retail food establishments and microbreweries in the SC, C, EC and ECII Zones.
(3) 
A one-time permit from the Township of East Norriton is required to operate an outdoor food service area.
(4) 
Applicants shall apply for permit approval in accordance with the provisions of this chapter. All such applications shall be approved by the Zoning Officer and shall be referred to the Chief of Police and the Fire Marshal, who shall provide the Zoning Officer with written reports of their opinions and recommendations regarding the application.
(5) 
Applicants shall meet all general ordinance requirements and all other laws, rules, regulations and codes applicable to the proposed activity.
(6) 
The permit granted pursuant to this section shall allow the use of the outdoor food service area at any time of year. However, the area must be properly maintained at all times, including complying with the litter control plan, complying with all applicable laws, rules, regulations and codes, and properly securing or removing tables, chairs and other items during times of inclement weather and high wind; further, at no time shall chairs, tables or other items be stacked in the area.
(7) 
Notwithstanding anything contained in this section, any use falling within the definition of "outdoor food service" that was in operation prior to the adoption of this section on October 27, 2015, may continue without further approval by the Zoning Officer or being required to obtain a permit as required herein; provided, however, that permit approval in accordance with this section shall be required in the event:
(a) 
The use is expanded or substantially changed; or
(b) 
The owner of the property makes any alteration or improvement to the property that would require subdivision and/or land development approval.
(8) 
No action shall be taken on any application for a permit under this section until the application has been completed in its entirety and the application fee, as required by a schedule of fees established and amended from time to time by resolution of the Township, has been paid in full.
B. 
Permit application.
(1) 
Applicants proposing to establish an outdoor food service area must provide satisfactory proof to the Zoning Officer of the following:
(a) 
The type of outdoor food service proposed by the applicant, whether it be outdoor dining areas or outdoor eating areas.
(b) 
Applicants must provide an architectural barrier, such as flower beds, landscaping or decorative fencing, designed to enclose the eating area and limit the ability of litter to blow off the premises.
(c) 
An applicant proposing to establish an outdoor eating area or outdoor dining area shall submit to the Zoning Officer a layout of the proposed seating areas, which shall include but not be limited to:
[1] 
A depiction of all aisles;
[2] 
Routes of ingress and egress;
[3] 
Proposed occupant load;
[4] 
Clearances between tables and between the seating area and the curb;
[5] 
The location of all food preparation and service areas;
[6] 
A landscape plan;
[7] 
The location and description of all electrical and other equipment and fixtures that will be utilized;
[8] 
An illustration, rendering or photograph of all proposed furniture, umbrellas, awnings, signage and other furniture proposed;
[9] 
Distances from automobile travelways and parking areas.
(d) 
The written consent of the property owner, if different than the applicant.
(e) 
The indoor seating capacity of the principal use.
(f) 
Such other information as may be required from time to time by the Township.
(2) 
The Zoning Officer shall review each application to ensure that the proposed operation of the outdoor food service area will not interfere with pedestrian or vehicular traffic.
(3) 
The Zoning Officer shall require each applicant to submit a litter control plan, which shall include, but not be limited to, a description of the number and location of trash receptacles for the areas and the frequency with which the tables, surrounding area and adjacent public and private properties will be policed for litter.
(4) 
Outdoor food service areas will comply with the noise standards described in § 127-6 (Noise limits).
(5) 
The seating contained in an outdoor food service area shall not be counted in determining any parking space requirement for a retail food establishment or restaurant use, unless the number of seats for the outdoor food service area exceeds 20% of the interior seats or interior floor area dedicated to patron use, whichever is greater.
(6) 
No fees shall be prorated nor any part thereof refunded for any reason.
(7) 
The Township may, from time to time, promulgate whatever rules or regulations it deems necessary or desirable to effectuate the purposes of this section, and the same shall be approved by the Township.
C. 
Appeals. The Zoning Board shall have the power to hear and decide appeals where it is alleged by the appellant that there is error in any requirement, decision or refusal made by the Zoning Officer in the enforcement of this section. Additionally, the Planning Commission or Zoning Board, as appropriate, shall have the power to hear any request for a variance from the regulations and conditions of this section.
D. 
Use guidelines. The following regulations shall apply to outdoor food service areas:
(1) 
The outdoor food service area may have a retractable awning or umbrellas and may contain furniture, including tables, chairs, and planters, that are easily portable and that can be moved inside the principal structure.
(2) 
A minimum pedestrian walkway of 54 inches clear is to be maintained in front of the outdoor food service area.
(3) 
The minimum height of umbrellas which project into the required minimum pedestrian walkway shall be 80 inches.
(4) 
No outdoor service area may operate before 8:00 a.m. or after 11:00 p.m., except that outdoor food service areas may be permitted to operate later than 11:00 p.m. by special exception of the Zoning Hearing Board.
(5) 
Noise generated from the outdoor food service area, including, but not limited to, patron activity, live music or entertainment and amplified music or sound, shall comply with the noise limitations of Township ordinances, as amended from time to time by the East Norriton Township Board of Supervisors.
(6) 
Outdoor lighting shall not shine onto adjoining properties. Light standards shall not exceed a height of 15 feet, and light fixtures shall be focused downward with a shield, preventing light from shining on adjacent properties.
(7) 
The carrying of any open container of alcoholic beverages is prohibited outside the delineated area of the outdoor eating area.
(8) 
No outdoor use area shall interfere with safe pedestrian and vehicular traffic on or in the vicinity of the restaurant or lot.
(9) 
The owner of the establishment is responsible for keeping the pedestrian walkway in front of the premises clean and free of trash and debris on at least a daily basis.