An ordinance repealing any preexisting Palmer Township zoning
ordinance, as amended, and replacing said ordinance with an ordinance
permitting, prohibiting, regulating, restricting and determining the
uses of land, watercourses and other bodies of water; the size, height,
bulk, location, erection, construction, repair, maintenance, alteration,
razing, removal and use of structures; the areas and dimensions of
land and bodies of water to be occupied by uses and structures as
well as courts, yards and other open spaces and distances to be left
unoccupied by uses and structures; the density of population and intensity
of use; the location and size of signs; creating zoning districts
and establishing the boundaries thereof; continuing the office of
Zoning Officer; continuing a Zoning Hearing Board; and providing for
the administration, amendment and enforcement of the ordinance, including
the imposition of penalties.
This ordinance shall be known and may be cited as the "Palmer
Township zoning ordinance of 2023."
This zoning ordinance has been prepared in accordance with the
Palmer Township Comprehensive Plan of 2018, with consideration for
the character of the municipality, its various parts and the suitability
of the various parts for particular uses and structures and is enacted
for the following purposes:
A. To promote, protect and facilitate one or more of the following:
the public health, safety, general welfare, coordinated and practical
community development, proper density of population, civil defense,
disaster evacuation, airports and national defense facilities, the
provisions of adequate light and air, vehicle parking and loading
space, transportation, water, sewerage, schools, public grounds and
other public requirements.
B. To prevent one or more of the following: overcrowding of land, blight,
danger and congestion in travel and transportation, loss of health,
life or property from fire, flood, panic or other dangers.
C. To preserve prime agriculture and farmland considering topography,
soil type and classification and present use.
D. To maintain the integral functions provided by natural resource systems
within the Township by carrying out the goals and intent of the PA
Flood Plain Management Act, PA Storm Water Management Act, PA Department of Environmental Protection regulations
on erosion and sedimentation control, PA Department of Transportation
regulations on highway access control and other relevant federal and
state laws, regulations, official policies and relevant court decisions.
E. To accommodate reasonable overall community growth, including population
and employment growth, and opportunities for development of a variety
of residential dwelling and housing types and nonresidential uses.
If two differing Township ordinances or two sections of the
same Township ordinance pertain to the same matter, then the requirement
that is the more restrictive upon the applicant shall apply.
This ordinance shall not apply to uses, buildings or structures
built or used or to be built or used by the Township of Palmer or
by authorities created solely by the Township, provided that the Board
of Supervisors authorizes such use by resolution.
No use shall be permitted in any district which directly violates
any Township ordinances. If the Zoning Officer has reason to believe
that a use would violate a federal, state or Township regulation,
the Zoning Officer may delay the issuance or suspend the issuance
of a permit under this ordinance until the applicant proves compliance
with such regulation.
It is hereby declared to be the legislative intent that:
A. If a court of competent jurisdiction declares any provisions of this
ordinance to be invalid or ineffective in whole or in part, the effect
of such decision shall be limited to those provisions which are expressly
stated in the decision to be invalid or ineffective, and all other
provisions of this ordinance shall continue to be separately and fully
effective.
B. The Board of Supervisors hereby declares that it would have passed
this ordinance and each section or part thereof irrespective of the
fact that any one or more sections or parts thereof be declared invalid.
All other Township ordinances or resolutions or parts thereof
that were adopted prior to this ordinance and are clearly in direct
conflict with this ordinance are hereby repealed, including the preexisting
Palmer Township zoning ordinance of 1994, as amended. However, the
preexisting Airport Approach Zoning Regulations shall not be repealed
and shall remain in effect.
Under the authority conferred by the Pennsylvania Municipalities
Planning Code, as amended, following a public hearing, the Board of Supervisors
of Palmer Township hereby enacts and ordains into an ordinance the
attached document this date of _________ _____, 2023.
Upon completion of the erection, extension or alteration of
a structure or the establishment of the use for which a zoning permit
was issued, the applicant shall request a final inspection. The structure
for which the zoning permit was issued may not be occupied or otherwise
used until a final inspection has been completed by the Zoning Officer.
A. Within 10 days of request for final inspection, the Zoning Officer
shall inspect the premises to determine if the action taken complies
with the regulations of this chapter. If it does, the Zoning Officer
shall sign the building permit card or sign off on the project within
the ten-day time limitation.
B. If the action fails to comply with the regulations of this chapter,
the Zoning Officer shall notify the applicant, in writing, of the
reason for not signing the permit card or signing off on the project
and shall state the provisions of this chapter with which the action
does not comply. The applicant may correct the defects cited in the
denial of the Zoning Officer for final approval. If, upon notification
by the applicant and inspection of the premises, the Zoning Officer
finds that the defects have been corrected and that no additional
defects have been created, final approval shall be immediately permitted.
C. Temporary occupancy. Temporary occupancy may be granted in the manner
prescribed above, pending the completion of a structure to allow for
partial occupancy; issuance of said temporary occupancy shall be at
the discretion of the Zoning Officer. In the event that a temporary
occupancy permit is issued, the applicant shall provide financial
security (which may be an irrevocable letter of credit with a federal-
or commonwealth-chartered lending institution, a restrictive escrow
account in such lending institution, or a personal bond; the nature
of which shall be at the discretion of the Zoning Officer) in an amount
sufficient to guarantee the completion of the improvements within
the prescribed time period and in an amount as set by the Zoning Officer.
The permit shall be valid only until such time as the action for which
the zoning permit was issued is complete, or for a period of six months
after issuance, whichever is less. Upon expiration of the temporary
occupancy permission, the applicant shall apply for permanent occupancy
or, if the action remains incomplete, may apply for one additional
temporary occupancy. If granted, temporary occupancy shall be for
a period of time determined by the Zoning Officer but shall be for
no more than six months after issuance.
D. Prior to occupancy of a building, other than an owner-occupied single
or two-family dwelling, an emergency contact card shall be completed
for the Police Department.
Failure to comply with any provisions of this chapter shall
be a violation of this chapter.
A. Complaints regarding violations. Whenever a violation of this chapter
occurs, or is alleged to have occurred, any person may file a complaint
to the Zoning Officer stating fully the causes and basis thereof.
The Zoning Officer shall record such complaint, immediately investigate
and take action thereon as provided by this chapter.
B. Notice of violation. If the Zoning Officer shall find a violation,
he shall initiate enforcement proceedings by sending an enforcement
notice as provided herein:
1. The enforcement notice shall be sent to the owner of record of the
lot on which the violation has occurred, to any person who has filed
a written request to receive enforcement notices regarding that parcel,
and to any other person requested in writing by the owner of record.
2. An enforcement notice shall state the following:
a.
The name of the owner of record and any other person against
whom the Township intends to take action.
b.
The location of the property in violation.
c.
The specific violation with a description of the requirements
which have not been met, citing in each instance the applicable provisions
of this chapter.
d.
The date before which the steps for compliance must be commenced
and the date before which the steps must be completed.
e.
That the recipient of the notice has a right to appeal to the
Zoning Hearing Board within 30 days by filing a request for appeal
in writing with the Zoning Hearing Board within the said 30 days period.
f.
That failure to comply with the notice within the said 30 days,
unless extended by appeal to the Zoning Hearing Board, constitutes
a violation with possible sanctions, which may be as much as $500
per day of each violation plus all court costs, including attorney
fees the Township incurs as a result of prosecution of such violation.
C. Civil enforcement. The Zoning Officer may institute civil enforcement
proceedings as a means of enforcement if authorized by the Manager
or the Board of Supervisors.
D. Enforcement provisions and causes of action. Remedies for violation of this chapter are not limited by this chapter and are set forth in Sections 616.1 and 617.1 and 617.2 of Article
VI of the Pennsylvania Municipalities Planning Code, as amended.
Any appeal from a decision or action of the Board of Supervisors
or of any officer or agency of the Township in matters pertaining
to this chapter shall be made in accordance with Article X-A of the
Pennsylvania Municipalities Planning Code, as amended.
The regulations, restrictions and district boundaries set forth in this chapter may, from time to time, be amended through action of the Board of Supervisors in the manner provided by Sections 609 through 611 of Article
VI of the Pennsylvania Municipalities Planning Code, as amended.