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Township of Palmer, PA
Northampton County
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Table of Contents
Table of Contents
A. 
Persons desiring to undertake any new construction, expansion or site alteration or changes in use of a building or lot shall apply to the Zoning Officer for a zoning permit by completing the appropriate application form and by submitting the required fee.
B. 
After receiving a proper application, the Zoning Officer shall either issue the permit under this ordinance or refuse the permit indicating the reason. If specifically requested in writing by an applicant, reasons for a refusal shall then be stated in writing. Certain activities require review and/or approval of the Zoning Hearing Board and/or of the Board of Supervisors, and/or the recommendations of the Planning Commission.
C. 
Appeal. If refused a Permit by the Zoning Officer, the PA Municipalities Planning Code[1] provides for appeals processes to the Zoning Hearing Board.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
D. 
After the permit under this ordinance has been received by the applicant, the applicant may undertake the action permitted by the permit under this ordinance, within other Township ordinances. However, it is recommended that applicants wait 30 days to begin construction if there is a possibility of an appeal by another party to have the permit revoked. Any commencement of construction or a use within this thirty-day appeal period shall be at the risk of the applicant.
E. 
Occupancy permit.
(1) 
Upon completion of the above actions, the applicant shall apply to the Zoning Officer for an occupancy permit, where such permit is required.
(2) 
If the Zoning Officer finds the actions of the applicant are in compliance with the zoning permit, approved plans and any other required Township permits, an occupancy permit shall be issued to allow the premises to be occupied.
A. 
Zoning permit required. Any of the following activities or any other activity regulated by this ordinance shall only be carried out after receipt of a zoning permit, all applicable fees have been paid and in compliance with this ordinance:
[Amended 12-17-2001 by Ord. No. 2001-311]
(1) 
Erection, construction, movement, placement or extension of a structure, building or sign.
(2) 
Change of the type of use or expansion of the use of a structure or area of land.
(3) 
Creation of a lot or alteration of lot lines.
B. 
Repairs and maintenance. Ordinary repairs and maintenance to existing structures that do not infringe upon a required setback may be made without a permit under this ordinance, if such work does not involve a change in use or an expansion, construction or placement of a structure and does not involve any other activity regulated by this ordinance.
C. 
Types of uses.
(1) 
Permitted by right uses. The Zoning Officer shall issue a permit under this ordinance in response to an application for a use that is "permitted by right" if it meets all of the requirements of this ordinance, including any specific additional requirements listed for that use in §§ 190-21 and 190-22.
(2) 
Special exception use or use requiring a variance. A permit under this ordinance for a use requiring a special exception or variance shall be issued by the Zoning Officer only upon the written order of the Zoning Hearing Board after a hearing. See § 190-5 concerning interpretations by the Zoning Hearing Board.
(3) 
Conditional use. A permit under this ordinance for a conditional use shall be issued by the Zoning Officer only upon the written order of the Board of Supervisors, after the Planning Commission has been given an opportunity to review the application.
D. 
Applications.
(1) 
Any request for a decision or variance by the Zoning Hearing Board or an appeal to the Board of a determination of the Zoning Officer or a request for a zoning permit shall be made in writing on a form provided by the Township. Such completed application, with any required fees, and with any required site plans or other required information, shall be submitted to a Township employee responsible for processing such application. The applicant is responsible to ensure that a responsible Township official notes the date of the official receipt on the application.
(2) 
Six copies of a site plan shall be submitted if an application requires action by the Zoning Hearing Board, and three copies shall be submitted if action by the Board is not required. Such site plan shall be drawn to scale.
(3) 
Any application to the Zoning Officer or Zoning Hearing Board shall include the following information, unless the Zoning Officer determines that a site plan or such information is unnecessary to determine compliance with this ordinance:
(a) 
The location and dimensions of the lot.
(b) 
Locations, dimensions and uses of existing and proposed structures, parking and loading areas and locations of existing and proposed uses of areas of land.
(c) 
The name and address of the applicant or appellant.
(d) 
The name and address of the owner of the affected property.
(e) 
A description of the proposed use of the property.
(f) 
Locations of individual or clusters of healthy trees over six inches in trunk diameter (measured four feet above the adjacent ground level) proposed to be removed or preserved, and if applicable, the location of a tree protection area to protect the roots of such trees (see § 190-164 of this ordinance).
(g) 
Such additional information that the Zoning Officer may determine is reasonably necessary to determine compliance with this ordinance.
(h) 
All other applicable information listed on the official Township application form.
(4) 
Submittals to the Board. An application requiring a site plan and action by the Zoning Hearing Board shall also include the following information, unless the Zoning Officer determines that such information is unnecessary for determination of whether the proposal complies with this ordinance:
(a) 
The information listed in Subsection D(3) above.
(b) 
The present zoning district and major applicable lot requirements.
(c) 
A description of the proposed nonresidential operations and storage in sufficient detail to indicate potential nuisances and hazards regarding noise, large truck traffic, glare, odors, dust, fire or toxic or explosive hazards or other significant public health and safety hazards.
(d) 
If a nonresidential use is proposed within close proximity to dwellings, a description of hours of operation.
(e) 
A listing of any sections of this ordinances being appealed, with the reasons for any appeal.
(5) 
The Zoning Officer may submit a copy of any plan and application to any appropriate agencies and/or individuals (such as the Planning Commission or Township Engineer) for review and comment.
(6) 
Other laws. The Zoning Officer may delay issuance of a permit under this ordinance if the Zoning Officer has reason to believe that such a use would violate another Township, state or federal law or regulation, until the applicant proves compliance. However, if the applicant proves that the proper application(s) for a state or federal approval have been duly submitted, then a permit under this ordinance may be issued conditioned upon such future state or federal approval.
(7) 
Ownership. No person other than a landowner or their specifically authorized agent or a tenant or lessee with written permission of the landowner shall submit a zoning application (see definition of "landowner" in Article II).
E. 
Issuance of permit.
(1) 
The Zoning Officer should issue or refuse an application for a zoning permit for a permitted by right use within 15 days after the date a complete application is received, except as specifically provided for in this ordinance (such as if a site plan review is required) and except if an extension is granted by the applicant.
(2) 
At least three copies of any permit required under this ordinance shall be made.
(3) 
One copy of any such permit shall be retained in Township files and one copy shall be retained by the applicant. A copy of any such permit shall be shown by the applicant to the Zoning Officer upon the Zoning Officer's request.
(4) 
Changes to approved plans.
(a) 
After the issuance of a permit and/or approval of a site plan under this ordinance by the Township, such approved application and/or site plan shall not be changed without the written consent of the Zoning Officer.
(b) 
Changes to a site plan approved by the Zoning Hearing Board as a special exception use or by the Board of Supervisors as a conditional use shall require reapproval of the changes by such bodies if the Zoning Officer determines that such changes significantly affect matters that were within their approval. Such approval by the Hearing Board or the Supervisors is not required for minor technical adjustments or corrections of information that do not affect the significant features of the site plan and the intensity of the use, as determined by the Zoning Officer.
(5) 
Expiration of permits. A zoning permit shall expire after one year from the date of issuance, unless:
(a) 
Such work begins within such time and is duly continued; or
(b) 
Such permit is extended by the Zoning Officer for an additional ninety-day period.
(6) 
Within 12 months after the initiation of work under a zoning permit, when such permit involves new construction or expansion of a building, the exterior of the building shall be completely finished, the lot shall be brought up to grade, the surrounding ground level shall be smoothed and no stockpiles of earth shall remain around the building.
F. 
Revocation of permits. The Zoning Officer shall revoke a permit or approval issued under the provisions of the Zoning Ordinance in case of:
(1) 
Any false statement or misrepresentation of fact in the application or on the plans on which the permit or approval was based. (The Pennsylvania Criminal Code provides for penalties for providing false information to a municipal employee in the carrying out of his/her duties.)
(2) 
Violation of any condition lawfully imposed upon a special exception or conditional use.
(3) 
Any work being accomplished or use of land or structures in such a way that does not comply with this ordinance or an approved site plan or approved permit application.
(4) 
Any other just cause set forth in this ordinance.
G. 
Temporary permit. See § 190-199.
H. 
Certificate of use and occupancy.
(1) 
It shall be unlawful to use and/or occupy any structure, building, sign and/or land or portion thereof for which a permit is required herein until a certificate of use and occupancy for such structure, building, sign and/or land or portion thereof has been issued by the Zoning Officer.
(2) 
The applicant shall apply for a certificate of use and occupancy using forms supplied by the Township.
(3) 
The application shall state the intended use and/or occupancy of any structure, building, sign and/or land or portion thereof.
(4) 
The appropriate Township staff person should inspect the structure, building, sign or land within 10 days after receiving notification that the work provided for in the permit application has been completed. If such staff person is satisfied that such work is in compliance with the permit and Township regulations, the certificate of use and occupancy shall be issued.
(5) 
The applicant shall keep the original or a true copy of the certificate of use and occupancy available for official inspection at all times.
(6) 
Temporary certificates. Upon request of the holder of a zoning permit, the Township staff may issue a temporary certificate of use and occupancy for a structure, building, sign and/or land or portion thereof before all of the work covered by a permit has been completed, if such portion(s) may be used or occupied safely prior to full completion of the work without endangering public health, safety or welfare. For temporary uses, see § 190-199.
I. 
Other permits. See other applicable Township ordinances concerning other required permits, such as electrical and plumbing codes.[1]
[1]
Editor's Note: See Ch. 72, Electrical Code, and Ch. 124, Plumbing, respectively.
J. 
Certificate of nonconforming use or structure.
(1) 
The Zoning Officer may, but is not required to, identify and register nonconforming uses and structures.
(2) 
When specifically requested by the landowner, and when sufficient evidence is provided by the landowner of such fact, the Zoning Officer shall issue a certificate of nonconformity. Such certificate shall state that a lot or structure is legally nonconforming, to the best knowledge of the Zoning Officer.
A. 
Appointment.
(1) 
The Zoning Officer(s) shall be appointed by the Board of Supervisors. The Zoning Officer(s) shall not hold any elective office within the Township, but may hold other appointed offices. Such Zoning Officer(s) may include a Deputy Zoning Officer, who may exercise all of the powers of the Zoning Officer.
(2) 
The compensation for the Zoning Officers shall be determined by the Board of Supervisors. The Zoning Officer(s) shall continue to serve until such time as the Board of Supervisors may declare otherwise.
B. 
Duties and powers. The Zoning Officer shall:
(1) 
Administer the Zoning Ordinance.
(2) 
Receive and examine all applications required under the terms of this ordinance and issue or refuse permits within this ordinance.
(3) 
Receive complaints of violation of this ordinance and issue a written notice of violation to any person violating any provision of this ordinance.
(4) 
Keep records of applications, permits, certificates, written decisions and interpretations issued, of variances granted by the Board, of complaints received, of inspections made, of reports rendered and of notice or orders issued, and make all required inspections and perform all other duties as called for in this ordinance.
(5) 
Delegate to any Palmer Township Code Enforcement Officer or police officer the authority to enforce specific provisions of this ordinance.
C. 
The Zoning Officer shall not have the power to permit any activity which does not conform to this ordinance or all other ordinances of the Township.
A. 
Appointment.
[Amended 11-29-2011 by Ord. No. 2011-404]
(1) 
The Zoning Hearing Board shall be continued and shall consist of five residents appointed by the Board of Supervisors, unless a differing number of members is authorized by another valid Township ordinance. Alternate members may be appointed within the provisions of the PA Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(2) 
Board members shall serve terms of five years, so fixed that the term of office of no more than one member expires each year.
B. 
Vacancies. The Board shall promptly notify the Board of Supervisors of any vacancies which occur. Appointments to fill vacancies shall be only for the unexpired portion of a term.
C. 
Removal of members. See Section 905 of the PA Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 10905.
D. 
Organization.
(1) 
Officers. The Board shall elect officers from its own membership. Officers shall serve annual terms and may succeed themselves.
(2) 
Quorum. For the conduct of any hearing and taking of any action a quorum shall be not less than a majority of all members of the Board, except that the Board may appoint a hearing officer from its own membership to conduct any hearing on its behalf and the parties may waive further action by the Board, as provided by the PA Municipalities Planning Code.
(3) 
Rules. The Board may make, alter and rescind rules and forms for its procedure, consistent with all applicable Township ordinances and state law.
(4) 
Fees. See § 190-220.
E. 
Zoning Hearing Board functions. In addition to any other responsibilities stated in the PA Municipalities Planning Code, the Zoning Hearing Board shall be responsible for the following:
(1) 
Appeal of a decision by the Zoning Officer.
(a) 
The Board shall hear and decide appeals where it is alleged by the appellant (a person affected or any agency of the Township) that the Zoning Officer has failed to follow prescribed procedures or has misinterpreted or misapplied any valid provision of this ordinance.
(b) 
See time limitations for appeals in Subsection G.
(2) 
Challenge to the validity of the ordinance or map.
(a) 
The Board shall hear challenges to the validity of this ordinance filed with the Board, in writing, by the landowner affected, any officer or agency of the Township or any person aggrieved.
(b) 
After the conclusion of the hearing(s), the Board shall decide all questions and shall make findings on all relevant issues of fact, within the time limits of the PA Municipalities Planning Code.
(3) 
Variance.
(a) 
The Board shall hear requests for variances filed with the Board in writing by any landowner (or any tenant with the permission of such landowner).
(b) 
Standards. The Board may grant a variance only within the limitations of state law. (As of 1993, the Municipalities Planning Code provided that all of the following findings must be made, where relevant:
[1] 
There are unique physical circumstances or conditions (including irregularity, narrowness or shallowness of lot size or shape or exceptional topographical or other physical conditions peculiar to the particular property) and that the unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of this ordinance in the neighborhood or district in which the property is located.
[2] 
Because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the Zoning Ordinance and a variance is therefore necessary to enable the reasonable use of the property.
[3] 
Such unnecessary hardship has not been created by the appellant.
[4] 
The variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare.
[5] 
The variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.
(c) 
In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this ordinance.
(4) 
Special exception.
(a) 
The Board shall hear and decide requests for all special exceptions filed with the Board in writing by any landowner (or any tenant with the permission of such landowner), as provided in this ordinance and in accordance with such standards and criteria contained in this ordinance and the procedures in § 190-209.
(b) 
Conditions. In granting a special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards, in addition to those expressed in this ordinance, as it may deem necessary to implement the purposes and intent of this ordinance.
(5) 
Hearings. See § 190-216.
(6) 
Records and reports. The staff to the Board shall keep full public records of its business.
(7) 
Court appeals. In the case of an appeal from the Board to the Court of Common Pleas, the appellant shall make the return required by law and should promptly notify the Township Zoning Hearing Board Solicitor of such appeal.
(8) 
Appeal by the Zoning Officer. See § 190-217.
[Amended 7-1-2002 by Ord. No. 2002-320]
F. 
Applications to the Board. See § 190-213D.
G. 
Time limitations for appeals. The time limitations for appeals shall be as follows:
(1) 
No person shall be allowed to file any appeal with the Zoning Hearing Board later than 30 days after the decision by the Zoning Officer that is being appealed has been officially issued or appeal with the County Court of Common Pleas later than 30 days after a decision of the Zoning Hearing Board has been officially issued, except as may be provided under Section 914.1 of the PA Municipalities Planning Code.[3]
[3]
Editor's Note: See 53 P.S. § 10914.1.
(2) 
The failure of an aggrieved person other than the landowner to appeal an adverse decision directly related to a preliminary subdivision or land development plan shall preclude an appeal from a final plan approval except in the case where the final submission substantially deviates from the approved preliminary plan.
(3) 
This thirty-day time limit for appeals shall not apply to the revocation of a permit by the Township under § 190-213F.
H. 
Stay of proceedings. See Section 916 of the PA Municipalities Planning Code.[4]
[4]
Editor's Note: Section 916 was repealed December 21, 1988, P.L. 1329, No. 170, § 98. For provisions regarding stay of proceedings, see now 53 P.S. § 10915.1
I. 
Time limitations on permits and variances.
(1) 
After a variance is approved or approval is officially authorized under this ordinance, then a permit shall be secured by the applicant within six months after the date of such approval or authorization. Such action under such permit shall then begin within 12 months of the issuance of the permit. For completion deadlines for exterior work, see § 190-213E(6).
(2) 
If the applicant submits complete plans for a required site plan review or subdivision or land development approval or special exception or conditional use approval that is related to the variance or issuance of a permit under this ordinance within the above time limits, then such time limits shall begin after such plan review is completed or such plan approval is granted.
(3) 
For good cause the Zoning Officer may, upon application in writing stating the reasons therefore, extend in writing the application period to up to 18 months.
(4) 
If an applicant fails to obtain the necessary permits within the above time period or after obtaining the permit fails to diligently commence substantial construction within 12 months or allows interruptions in substantial construction of longer than six months, it shall be conclusively presumed that the applicant has waived, withdrawn or abandoned the approval, and the Board may, after 10 days' minimum written notice, rescind or revoke all such approvals, variances and permits if the Board finds that such rescission or revocation is justified.
The Board shall conduct hearings and make decisions in accordance with the following:
A. 
Notice of hearings. Notice of all hearings of the Board shall be given as follows:
(1) 
Ad. Public notice shall be published, as defined by Section 107 of the PA Municipalities Planning Code.[1] The notice shall state the time and place of the hearing and the particular nature of the matter to be considered.
[1]
Editor's Note: See 53 P.S. § 10107.
(2) 
Posting. Notice of such hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing. It is the responsibility of the applicant to ensure that such notice is posted and remains posted until the hearing.
(3) 
Persons given notice. Written notice shall be given to the applicant and the Zoning Officer. Notice should be given to the Planning Commission, Board of Supervisors and owners of record of property abutting or directly across the street from the lot lines of the subject property. Also, such notice shall be given to any other person or group (including civic or community organizations) who has made a written timely request for such notice. Any such notices should be mailed or delivered by a Township representative to the last address known to the Township. Such notice should be intended to be received at least five days prior to the hearing date.
(4) 
Adjacent municipalities. In any matter which relates to a property which lies within 500 feet of the boundary of another municipality, except boundaries separated by a perennial river, and which the Township staff determines may have a significant impact on that municipality, the Township staff should transmit to the offices of the adjacent municipality a copy of the official notice of the public hearing on such matter at least seven days prior to the hearing date. Representatives of any adjacent municipality shall have the right to appear and be heard at the public hearing.
(5) 
Fees. The Board of Supervisors may, by resolution, establish a reasonable fee schedule, based on cost, to be paid by the applicant for any notice required by this ordinance and those persons requesting any notice not required by this ordinance.
B. 
Parties in hearings.
(1) 
The parties to a hearing shall be the Township, any person affected by the application who has made timely appearance of record before the Board, and any other person including civic or community organizations permitted to appear by the Board.
(2) 
The Board shall have power to require that all persons who wish to be considered parties enter appearances in writing on forms provided by the Board for that purpose.
C. 
Oaths and subpoenas. The chair of the Board or Hearing Officer shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents reasonably needed by and requested by the parties.
D. 
Representation by counsel. The parties shall have the right to be represented by legal counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on relevant issues.
E. 
Evidence and record. Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded. The Board or the hearing officer, as applicable, shall keep a record of the proceedings as required by state law.
F. 
Communications outside of hearings.
(1) 
The Board shall not meet with, visit the site with or directly communicate specifically on the matter with the applicant or any officially protesting party or their representatives in connection with any issue involved, except if opportunity is provided for the applicant and any officially protesting party to participate.
(2) 
The Board shall not take notice of any communication, reports, staff memoranda or other materials unless the parties are afforded an opportunity to examine and contest the material so noticed. This restriction shall not apply to advice from the Board's solicitor.
G. 
Advisory reviews. The Zoning Hearing Board may request that the Planning Commission or Township Engineer provide an advisory review on any matter before the Board. Such review may also be volunteered by the Planning Commission.
H. 
Initiation of hearings. A hearing required under this ordinance shall be initiated within 60 days of the date of an applicant's request for a hearing, unless the applicant has agreed in writing to an extension of time. A request for a hearing by an applicant shall not be accepted prior to submission of a duly filed application.
I. 
Decision/findings.
(1) 
The Board shall render a written decision or make written findings (when no decision is called for) on each application within 45 days after the last hearing on that application before the Board, unless the applicant has agreed in writing to an extension of time.
(2) 
Where the application is contested or denied, the decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons for such conclusions.
(3) 
Any conclusion based on any provision of the PA Municipalities Planning Code or of this ordinance shall contain a reference to the provision relied on.
J. 
Notice of decision. A copy of the final decision or a copy of the findings (when no decision is called for), shall be personally delivered or mailed to the applicant or his/her representative or their last known address not later than the time limit established by Section 907 of the PA Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 10907.
A. 
In general. All appeals of this ordinance or any action of the Board of Supervisors, the Zoning Officer or the Board under this ordinance shall conform with Article X-A of the State Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 11001-A et seq.
B. 
Procedural defects in enactment. Allegations that this ordinance or any amendment was enacted in a procedural defective manner shall be appealed directly to the court and be filed not later than 30 days from the intended effective date of the ordinance or amendment.
C. 
To the Zoning Hearing Board. Appeals to the Board shall comply with § 190-216.
A. 
Board of Supervisors may amend, challenge or repeal any or all portions of this ordinance on its own motion or upon agreeing to hear a written request of any person, entity or the Planning Commission.
B. 
Before voting on the enactment of an amendment, the Board of Supervisors shall hold a public hearing thereon, following the procedural requirements of the State Municipalities Planning Code,[1] including public notice.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
C. 
Review of amendments.
(1) 
In the case of an amendment other than that prepared by or under the direction of the Planning Commission, the Board of Supervisors shall submit each such amendment to the Planning Commission at least 30 days prior to the hearing on such proposed amendment and permit the Commission an opportunity to provide recommendations.
(2) 
JPC review. The Township shall submit the proposed amendment to the Joint Planning Commission (JPC) for recommendations at least 30 days prior to the hearing on such proposed amendment. No action shall be taken by the Board of Supervisors until any JPC comments are received, unless 30 days pass without such comments being received.
D. 
Changes after a hearing. If, after any public hearing held upon an amendment, the proposed amendment is revised or further revised to include or exclude land previously not affected by it, the Board of Supervisors shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment.
E. 
Application for ordinance amendment. Any request for amendment of the Zoning Ordinance (including supplement, change or repeal) by any person or entity (other than the Township staff, Planning Commission, Board of Supervisors or committee appointed by the Board of Supervisors or under the direct oversight of such entity) shall include the following:
(1) 
A statement of why the change would be in the best interests of the Township.
(2) 
A statement addressing any adverse affects on adjacent residences.
(3) 
A statement addressing any major traffic access or congestion concerns.
(4) 
A map showing the proposed boundaries of any proposed map changes, the existing zoning of the land and of adjacent lands and the current uses of adjacent lots.
(5) 
A statement explaining proposed extensions and major improvements, if needed, of public water and sewer systems to serve the land area.
(6) 
An escrow account to fund actual costs of legal advertisements and professional reviews of the proposed amendment.
F. 
Traffic impacts of zoning amendments. The Planning Commission or the Board of Supervisors may require an applicant for a zoning amendment to fund a traffic impact study following standard methods and completed by a qualified traffic engineer. Such a study shall take into account the entire land area proposed for a change, with an emphasis on the net projected traffic increases from the proposed amendment compared to the existing zoning, based upon reasonable assumptions about the intensity and type of development.
G. 
Notification of proposed Zoning Map amendment. If a Zoning Map amendment is requested by a private entity and is not considered at the same public hearing as Zoning Map amendments proposed by Township officials, then at least 10 days prior to the hearing on the proposed change, the applicant shall send or have delivered, in person, written notice of the proposed change including the hearing date and time and a Township official to contact for more information. Such notice shall be provided to all owners of record of all property proposed to be rezoned (other than the applicant) and all property directly abutting the land to be rezoned.
H. 
Time guideline on reviewing amendment. If a zoning amendment is properly requested in writing and submitted together with any required fees to the Zoning Officer outside of the curative amendment process, the Planning Commission should hold an initial public meeting on such proposed amendment within 60 days of receiving such request, unless the Commission determines at a regular meeting that such request is not worthy of further consideration.
A. 
Submittal. A landowner who desires to challenge on substantive grounds the validity of this ordinance which prohibits or restricts the use or development of land in which he has an interest may submit a curative amendment to the Board of Supervisors with a written request that this challenge and proposed amendment be heard and decided as provided in the PA Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B. 
Curative fees. For a curative amendment request, the applicant shall pay the Township all fees required under the applicable Township fee schedule and, at a minimum, shall compensate the Township for all actual expenses for legal advertising.
A. 
Fee schedule. The Board of Supervisors has established by resolution a schedule of fees and a collection procedure relating to all applications filed pertaining to this ordinance. The fee schedule may be based upon the type of application and the breadth of the proposed development (such as acreage, numbers of lots and type of use) to most accurately reflect the Township's actual costs.
B. 
No application or appeal shall be considered filed until all fees are paid.
See Sections 616 and 617 of the PA Municipalities Planning Code.[1]
[1]
Editor's Note: Section 616 was repealed December 21, 1988, P.L. 1329, No. 170, § 59. For provisions regarding enforcement notice, see 53 P.S. § 10616.1. Also, see 53 P.S. § 10617.
A. 
Neither the approval nor the granting of any review, issuance of permit or approval related to construction, activity within the floodplain, site plan review, subdivision or land development approval, erosion control, stormwater runoff, activity on steep slopes or any other review or permit of this ordinance, by an officer, employee, consultant or agency of the Township, shall constitute a representation, guaranty or warranty of any kind by the Township, or its employees, officials, consultants or agencies, of the practicality or safety of any structure, use or subdivision and shall create no liability upon, nor a cause of action against, such public body, official, consultant or employee for any damage that may result pursuant thereto.
B. 
If the Zoning Officer mistakenly issues a permit under this ordinance, the Township shall not be liable for any later lawful withdrawal of such permit for valid cause shown.
See Section 619 of the PA Municipalities Planning Code.[1]
[1]
Editor's Note: See § 10619.