A.
This chapter is hereby adopted in accordance with:
(2)
The objectives and overall program of the Bethlehem
Township Comprehensive Plan of 1987 and the 1997 Amendment to the
Comprehensive Plan.
(3)
With consideration for the character of the Township,
its various parts and the suitability of the various parts for particular
uses and structures.
(4)
All amendments to this chapter that may hereafter
be adopted. All readers maintain the responsibility to procure the
latest amendments to this chapter.
B.
This chapter is also intended to carry out all of
the objectives and purposes authorized for a zoning ordinance as specified
in the Pennsylvania Municipalities Planning Code, as amended, with
such objectives hereby included by reference.
C.
To assist in carrying out the goals and intent of the Constitution of the Commonwealth of Pennsylvania (especially Article I, Section 27), the Pennsylvania Floodplain Management Act,[2] Pennsylvania Stormwater Management Act,[3] Pennsylvania Department of Environmental Protection regulations
on erosion and sedimentation control, Pennsylvania Department of Transportation
regulations on highway access control and other relevant federal and
state laws, regulations, official policies and relevant court decisions.
A.
No building, structure, area of a use or land shall be used, subdivided, occupied, erected, moved, structurally altered, enlarged, constructed, converted, maintained, extended, created, reconstructed, replaced, changed in use, excavated or expanded in intensity except pursuant to the regulations and procedures of this chapter. See § 275-9A(2) which exempts certain ordinary repairs and maintenance from the permit requirements of under this chapter.
B.
This chapter permits, prohibits, regulates, restricts
and determines:
(1)
Uses of land, watercourses and other bodies of water.
(2)
Size, height, bulk, location, erection, construction,
repair, maintenance, alteration, razing, removal and use of structures.
(3)
Areas and dimensions of land and bodies of water to
be occupied by uses and structures, as well as areas, courts, yards
and other open spaces and distances to be left unoccupied by uses
and structures.
(4)
Density of population and intensity of use.
(5)
Protection and preservation of natural resources and
agricultural land and activities.
This chapter shall not apply to any existing
or proposed building, or extension thereof, used or to be used by
a public utility corporation if, upon petition of the corporation,
the Pennsylvania Public Utility Commission shall, after a public hearing,
decide that the present or proposed situation of the building in question
is reasonably necessary for the convenience or welfare of the public.
It shall be the responsibility of the Pennsylvania Public Utility
Commission to ensure that both the corporation and the municipality
in which the building or proposed building is located have notice
of the hearing and are granted an opportunity to appear, present witnesses,
cross-examine witnesses presented by other parties and otherwise exercise
the rights of a party to the proceedings.
The requirements of this chapter shall not apply
to uses or structures owned by Bethlehem Township or for municipal
authorities created solely by Bethlehem Township, for uses and structures
that are intended for a legitimate governmental or public health or
safety purpose.
A.
Minimum requirements. The provisions of this chapter
shall be interpreted as the minimum requirements for the promotion
of the health, safety, morals and general welfare. Where this chapter
conflicts with any rule, regulation or ordinance, the greater restriction
upon the use of buildings or premises, upon the height or bulk of
a building or upon requiring larger open spaces shall prevail, regardless
of its source.
B.
Uses not specifically regulated. Whenever a use clearly
is not permitted by right, by condition or by special exception by
this chapter anywhere in the Township, the use is prohibited in the
Township, except that the applicant may apply to the Zoning Hearing
Board. The Zoning Hearing Board may permit such a use if the applicant
proves to the satisfaction of the Zoning Hearing Board that the use
would clearly be less offensive in impacts and nuisances than permitted
uses and be compatible with permitted uses in that district.
(1)
Also, the applicant shall prove that the proposed
use would be compatible with the intent of the district.
C.
Sketches. Sketches in this chapter are for illustrative
purposes only and are not regulatory.
D.
Interpretation of text and boundaries. The Zoning
Officer shall apply the wording of this chapter and the location of
all district boundaries to particular applications. In interpreting
the language of this chapter to determine the extent of the restriction
upon the use of the property, the language shall be interpreted, where
doubt exists as to the intended meaning of the language enacted by
the Board of Commissioners, in favor of the property owner and against
any implied extension of the restriction.
(1)
In the case of uncertainty by the Zoning Officer,
he/she shall request an interpretation of his/her specific uncertainty
by the Zoning Hearing Board, with the applicant not liable for the
application fee for that particular request. An applicant may appeal
a determination by the Zoning Officer to the Zoning Hearing Board,
in compliance with this article and the Township fee schedule.
E.
Definitions. Words not specifically defined by this
chapter shall be clarified through acceptance by the Zoning Hearing
Board of definitions in standard reference dictionaries, recognized
legal references and previous interpretations of the Board and courts
of the commonwealth.
It is hereby declared to be the legislative
intent that:
A.
If a court of competent jurisdiction declares any
provisions of this chapter 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 chapter shall continue to be separately
and fully effective.
B.
The Board of Commissioners hereby declares that it
would have passed this chapter and each section or part thereof, other
than the portion declared invalid or ineffective, if the Board had
knowledge that such portion would be declared invalid or ineffective.
All other Township ordinances or resolutions or parts thereof that were adopted prior to this chapter and are clearly in direct conflict with this chapter are hereby repealed, including the preexisting Bethlehem Township Zoning Ordinance, as amended. The preexisting Planned Unit Development Ordinance is also hereby repealed. The preexisting official Floodplain Ordinance [Chapter 135] and Mapping, as amended, and any fee resolutions shall continue in effect.
A.
Persons desiring to undertake any new construction,
structural or site alteration or changes in the use of a building
or lot shall apply to the Township Zoning Officer for a permit under
this chapter by filling out the appropriate application form and by
submitting the required fee at such time and any additional required
information (such as a site plan).
B.
The Zoning Officer shall either issue the permit under
this chapter or shall refuse the permit, indicating the reason for
refusal. If specifically requested in writing by an applicant, reasons
for a refusal shall then be stated in writing.
C.
Certain construction, alterations or uses require
review and/or approval of the Zoning Hearing Board and/or of the Board
of Commissioners, and/or the recommendations of the Planning Commission.
D.
If refused a permit by the Zoning Officer, the applicant
may appeal to the Zoning Hearing Board for further consideration.
E.
After the permit under this chapter has been received
by the applicant, the applicant may undertake the action permitted
by the permit under this chapter, 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.
F.
An occupancy permit (if required) shall only be issued
if the use is in compliance with this chapter.
A.
Applications and permits.
(1)
When any action is proposed that is regulated under § 275-2A, unless a permit is specifically not required by Township regulations, the following shall be accomplished:
(2)
Ordinary repairs and maintenance.
(a)
Ordinary repairs and maintenance to existing
structures that do not infringe upon a required setback may be made
without a permit under this chapter, 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 chapter.
(b)
Activities that require the issuance of a zoning
permit include, but are not limited to the following:
(3)
Types of uses.
(a)
The Zoning Officer shall issue a permit under
this chapter, in response to an application, for a use that is "permitted
by right" if it meets all of the requirements of this chapter.
(b)
Permitted-by-right use with additional requirements. A permit under this chapter for this type of use shall be issued by the Zoning Officer, provided that the Zoning Officer determines that the use meets all Township requirements, including any specific additional requirements listed for that use in Article XX.
(c)
Special exception or variances. A permit under
this chapter 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.
(d)
Conditional use. A permit under this chapter
for a conditional use shall be issued by the Zoning Officer only upon
the written order of the Board of Commissioners following a review
by the Planning Commission.
(4)
Application.
[Amended 11-6-2000 by Ord. No. 07-00]
(a)
Any request for a permit under this chapter
shall be made in writing on a form provided by the Township. Such
completed application shall be submitted to a Township employee responsible
for processing such a permit. The applicant is responsible to ensure
that such an application is stamped by the responsible Township employee
with the date of the official receipt.
(b)
Two copies of a plot plan drawn to scale showing
the location and dimensions of the lot area, the proposed uses of
buildings, structures, and/or land, and proposed grading of the land
shall be required, unless the Zoning Officer determines that such
a plan is unnecessary for determination of whether the proposal complies
with this chapter. The Zoning Officer may require any additional information
deemed necessary to properly evaluate the application for the purpose
of determining its compliance with this chapter.
(c)
Plot plan requirements.
[1]
Except as provided by Subsection A(4)(d), where the application involves the proposed erection or construction of any new principal structure, the applicant shall submit for the review and approval of the Township three copies of an application plot plan for the lot which shall be prepared, drawn, dated, signed and sealed by a registered engineer or registered surveyor. For purposes of identification of the plot plan, the registered engineer or registered surveyor shall show his or her own method of numbering. The plot plan shall be drawn to scale at not less than one inch each equals 50 feet and in accordance with an accurate boundary survey. All elevations shall be established by such registered engineer or registered surveyor. Where the lot was created or established pursuant to, or is shown on, any Township approved subdivision and/or land development plans, the plot plan shall set forth the name of such subdivision and/or land development plans and the place of record thereof, if recorded, in the Office of the Recorder of Deeds of Northampton County, Pennsylvania. All information contained on the plot plan shall be consistent with the most recently Township approved subdivision and/or land development plans except as specifically identified on the plot plan as either an existing deviation therefrom or proposed revision thereof, which deviation or revision shall be subject to the approval of the Township in accordance with applicable law. The plot plan shall set forth the following additional information:
[a]
The name and address of the legal
owner, and of the person or entity on whose behalf the plan has been
prepared.
[b]
The applicable zoning district.
[c]
The location of the lot in relation
to the nearest intersecting street, with the distance of such lot
from said street in feet and decimal parts thereof, together with
a North Point.
[d]
The dimensions and bearings of
the lot.
[e]
The lot area in square feet.
[f]
The Northampton County Uniform
Parcel Identifier Number, street address, and lot number shown on
the subdivision plan of record.
[g]
The manner of marking the survey
in the field, i.e., stakes, pins, monuments, etc.
[h]
The size and location of all existing
and proposed structures, with the distances thereof from all lot lines
and established street grades. In the case of demolition, the plot
plan shall clearly identify all structures to be demolished. Where
an existing or proposed structure has more than one floor, the area
of each floor shall be stated.
[i]
The applicable setback and other
restriction lines and front, side, and rear yard requirements. Where
any existing or proposed structure does or will encroach upon an applicable
setback or other restriction line, the plot plan shall show the distance
of such structure from such setback or other restriction line.
[j]
The building area in square feet.
[k]
The size and location of all existing
and proposed easements, rights-of-way, utilities (including any on-lot
sewage disposal systems), streets, curbs, sidewalks, driveways, and
other improvements on or abutting the lot.
[l]
Any existing and proposed private
restrictions on structures or uses of the lot.
[m]
The existing and proposed contour
elevations of the lot at intervals of not greater than two feet unless
the average slope of the lot is less than 3%, in which case contour
elevations shall be shown at intervals of not greater than one foot.
If the lot was created or established pursuant to, or is shown on,
any Township approved subdivision and/or land development plans, the
proposed contour elevations shall be those shown on the most recently
Township approved grading plan for such approved subdivision and/or
land development plans unless revised contour elevations are preapproved
in writing by the Township Engineer.
[n]
The proposed elevations for any
basement and garage floor, top of foundation and finished first floor,
the primary on-lot sewage disposal system, and finished road along
the points of the proposed ingress to the lot.
[o]
The proposed method for collection,
conveyance, and discharge of all stormwater from the lot.
[2]
All construction, grading, and other work shall
be performed strictly in accordance with the approved application
plot plan and it shall be a violation of this chapter to perform any
construction, grading, or other work which is not in accordance with
the approved application plot plan. Upon the completion of construction
of any structure foundation, and prior to any further construction,
the applicant shall submit a confirmation plan, prepared, drawn, dated,
signed and sealed by a registered engineer or registered surveyor,
affirmatively establishing that the elevations of the basement and
garage floor (if any), the top of foundation, the primary on-lot sewage
disposal system (if any), and finished road along the points of the
proposed ingress to the lot are in accordance with the approved application
plot plan. Upon the completion of all construction, finished grading,
and other work, the applicant shall submit an as-built plan, prepared,
drawn, dated, signed and sealed by a registered engineer or registered
surveyor, affirmatively establishing that all construction, finished
grading, and other work has been completed in accordance with the
approved application plot plan and confirmation plan. The submission
to and approval of such as-built plan by the Township shall be a condition
which must be satisfied prior to the issuance of a certificate of
occupancy by the Township.
(d)
Exemptions.
[1]
The requirements of Subsection A(4)(c) shall not apply where an applicant demonstrates to the satisfaction of the Zoning Officer that the application meets both of the following exemption criteria:
[a]
The lot area is greater than 10
acres; and.
[b]
The proposed construction activity
is to be located at least: 10 feet from all utility easements and
rights-of-way; and 200 feet from all of the following: lot lines;
nonutility easements and rights-of-way; one-hundred-year floodplains;
rivers; streams; creeks; impoundments; stormwater detention and retention
facilities; wells; watercourses; storm sewer systems; lakes; dammed
water; ponds; ditches; swales; springs; wetlands; water supplies;
and any other body of surface water.
[2]
Where an application meets the foregoing exemption criteria but also constitutes a "subdivision" or "land development" as defined by Chapter 230, Subdivision and Land Development, the application shall be subject to the requirements thereof, and this Subsection A(4)(d) shall not be construed to create any exemption from such requirements.
(5)
Issuance of permit.
(a)
The Zoning Officer shall issue or refuse an
application for a permit under this chapter for a permitted-by-right
use within 90 days after the date such application was stamped as
received by the Township staff, except as specifically provided for
in this chapter or if an extension is granted by the applicant.
(b)
At least three copies of the permit under this
chapter shall be made.
(c)
One copy of the job weather card shall be kept
conspicuously on the premises. No person shall perform building or
alteration operations of a kind covered by this chapter unless this
card is being displayed as required by this chapter.
(d)
After the issuance of a permit under this chapter
by the Zoning Officer, no changes of any kind shall be made to the
application, permit, plans, specifications or other documents submitted
with the application without the written consent or approval of the
Zoning Officer and/or the Zoning Hearing Board, as applicable, and
the review of the Planning Commission if Planning Commission review
was originally required.
(6)
Revocation of permits. The Zoning Officer may revoke
a permit or approval issued under the provisions of this chapter in
case of any false statement or misrepresentation of fact in the application
or on the plans on which the permit or approval was based or for any
other cause set forth in this chapter. The Pennsylvania Criminal Code
provides penalties for providing false information to a municipal
employee in the carrying out of his duties.
C.
Certificate of nonconformity.
(1)
The Zoning Officer shall make reasonable efforts to
identify and register nonconforming uses and structures, together
with the reasons why the Zoning Officer identified them as nonconforming.
(2)
The owner of a lawful nonconforming structure or the
premises occupied or formerly occupied by a lawful nonconforming use
shall be responsible to secure a certificate of nonconforming use
or structure from the Zoning Officer, after providing appropriate
evidence of the lawfulness of such nonconformity, such as the date
of establishment.
(3)
Such certificate shall be authorized by the Zoning
Officer and shall certify to the owner his/her right to continue such
nonconforming use or structure, within the applicable limits of Township
ordinances.
A.
Appointment.
(1)
The Zoning Officer shall be appointed by the Board
of Commissioners and shall not hold any elective office with the Township.
(2)
Deputy. The Board of Commissioners may designate an
employee or employees of the Township as Deputy Zoning Officer, who
may exercise all the powers of the Zoning Officer, if so authorized
by the Township Manager.
(3)
Compensation. The compensation for the Zoning Officer
and the Deputy Zoning Officer(s) shall be determined by the Board
of Commissioners.
(4)
The Zoning Officer or staff shall continue to serve
the Township until such time as the Board of Commissioners declares
otherwise.
B.
Duties and powers.
(1)
The Zoning Officer shall:
(a)
Administer this chapter in accordance with its
literal terms.
(b)
Seek to identify and register nonconforming
uses and nonconforming structures.
(c)
Receive and examine all applications required
under the terms of this chapter.
(d)
Issue or refuse permits within this chapter.
(e)
Receive complaints of violation of this chapter.
(f)
Issue a written notice of violation to any person
violating any provision of this chapter.
(g)
Keep records of applications, permits, certificates,
written decisions and interpretations issued, of variances granted
by the Zoning Hearing Board, of complaints received, of inspections
made, of reports rendered and of notice or orders issued.
(h)
Make all required inspections and perform all
other duties as called for in this chapter.
(i)
Institute civil enforcement proceedings as a
means of enforcement when acting within the scope of his/her employment.
(2)
The Zoning Officer shall not have the power to permit
any construction, use or change of use which does not conform to this
chapter or all other ordinances of the township or state laws known
by the Zoning Officer.
A.
Appointment.
(1)
The Zoning Hearing Board shall be continued and shall
consist of five residents of the Township appointed by the Board of
Commissioners. Compensation shall be determined by the Board of Commissioners
by resolution or ordinance, within state law.
(2)
Board members shall serve terms of five years, so
fixed that the term of office of no more than two members shall expire
each year.
(3)
Members of the Zoning Hearing Board shall hold no
elected office in the Township.
(4)
Alternate members. The Board of Commissioners may
appoint at least one but no more than three residents of the Township
to serve as alternate members of the Zoning Hearing Board. The term
of office of an alternate member shall be three years. Alternates
shall hold no other office in the Township, including membership on
the Planning Commission and Zoning Officer. Any alternate may participate
in any proceeding or discussion of the Zoning Hearing Board but shall
not be entitled to vote as a member of the Zoning Hearing Board nor
be compensated unless designated as a voting alternate member, based
upon an invitation by the Chairperson or Acting Chairperson of the
Zoning Hearing Board for a specific hearing(s) and/or application(s).
C.
Removal of members. Any board member may be removed
for malfeasance, misfeasance or nonfeasance in office or for other
just cause by a majority vote of the Board of Commissioners which
appointed the member, taken after the member has received 15 days
advance notice of the intent to take such a vote. A hearing shall
be held in connection with the vote if the member shall request it
in writing.
D.
Board organization.
(1)
Officers. The Zoning Hearing 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 Zoning Hearing Board, except for the following:
(a)
Hearing officer. The Zoning Hearing 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 Zoning
Hearing Board, as provided by state law.
(3)
Rules. The Zoning Hearing Board may make, alter and
rescind rules and forms for its procedure, consistent with all applicable
Township ordinances and state law.
E.
Board jurisdiction. The Zoning Hearing Board shall
have exclusive jurisdiction to hear and render final adjudications
in the following matters:
(1)
Substantive challenges to the validity of any land
use ordinance, except those brought before the Board of Commissioners
as a curative amendment.
(2)
Challenges to the validity of a land use ordinance
raising procedural questions or alleged defects in the process of
enactment or adoption which challenges shall be raised by an appeal
taken within 30 days after the effective date of said ordinance.
(3)
Appeals from the determination of the Zoning Officer
including, but not limited to, the granting or denial of any permit
or failure to act on the application therefor, the issuance of any
cease-and-desist order or the registration or refusal to register
any nonconforming use, structure or lot.
(4)
Appeals from a determination by the Township Engineer or Zoning Officer with reference to the administration of Chapter 135, Floodplain Management, or any floodplain regulations within this chapter.
(7)
Appeals from the determination of any officer or agency
charged with the administration of any transfers of development rights
or performance density provisions of this chapter.
F.
Zoning Hearing Board functions. The Zoning Hearing
Board shall be responsible for the following:
(1)
Appeal of a decision by the Zoning Officer.
(a)
The Zoning Hearing Board shall hear and decide
appeals where it is alleged by the appellant (the landowner affected,
any office or agency of the Township, or any person aggrieved) that
the Zoning Officer has failed to follow prescribed procedures or has
misinterpreted or misapplied any valid provision of this chapter or
any valid rule or regulation governing the action of the Zoning Officer.
(b)
All appeals which allege that the Zoning Officer
has made an error shall be filed directly with a responsible Township
employee at the Township Building within 30 days of the Zoning Officer's
alleged error, unless a different time limitation is provided under
state law.
(c)
Such appeals shall be in writing and shall explain
fully the facts and parties in the case and shall clearly state the
reasons or provisions of the ordinance on which the appeal is based.
(d)
Nothing contained herein shall be construed
to deny the appellant the right to proceed directly in court, pursuant
to Pennsylvania Rules of Civil Procedure, §§ 1091 to
1098 (relating to mandamus).
(2)
Challenge to the validity of this chapter or map.
(a)
The Zoning Hearing Board shall hear challenges
to the validity of this chapter filed with the Zoning Hearing 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
Zoning Hearing Board shall decide all questions and shall make findings
on all relevant issues of fact, within the time limits of the State
Municipalities Planning Code.
(4)
Variances.
(a)
The Zoning Hearing Board shall hear requests
for variances where it is alleged that the provisions of this chapter
inflict unnecessary hardship upon the applicant. The Zoning Officer
shall prescribe the form of application and the deadline for submittal
to the Township Offices. The Zoning Hearing Board may grant a variance,
provided that all of the following findings are made where relevant
in a given case:
[1]
That 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 the unnecessary
hardship is due to such conditions and not the circumstances or conditions
generally created by the provisions of this chapter in the neighborhood
or district in which the property is located.
[2]
That because of such physical circumstances
or conditions, there is no possibility that the property can be developed
in strict conformity with the provisions of this chapter and that
the authorization of a variance is therefore necessary to enable the
reasonable use of the property.
[3]
That such unnecessary hardship has not been
created by the appellant.
[4]
That 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]
That 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.
(b)
Conditions. In granting any variance, the Zoning
Hearing Board may attach such reasonable conditions and safeguards
as it may deem necessary to implement the purposes of this act and
this chapter.
(5)
Special exceptions. Where this chapter authorizes
special exception uses to be granted or denied by the Zoning Hearing
Board, the Zoning Hearing Board shall hear and decide requests for
such special exceptions in accordance with standards and criteria
of this chapter. In granting a special exception, the Zoning Hearing
Board may attach such reasonable conditions and safeguards, in addition
to those expressed in the ordinance, as it may deem necessary to implement
the purposes of this act and this chapter.
(6)
Unified appeals.
(a)
Where the Zoning Hearing Board has jurisdiction over any zoning matter pursuant to § 275-11 of this article, it shall also hear all appeals which an applicant may elect to bring before it with respect to any Township ordinance or requirements pertaining to the same development plan or development.
(b)
In such a case, the Zoning Hearing Board shall have no power to pass upon the nonzoning issues, but shall take evidence and make a record thereon as provided in § 275-12. At the conclusion of the hearing, the Zoning Hearing Board shall make findings on all relevant issues of fact which shall become part of the record on appeal to the court.
(7)
Hearings. The Zoning Hearing Board shall conduct hearings and make decisions in accordance with § 275-12 and the State Municipalities Planning Code.
(8)
Records. The Zoning Hearing Board shall keep full
public records of its business, which records shall be the property
of the Township and shall submit a report of its activities to the
Board of Commissioners as requested by the Board of Commissioners.
(9)
Court appeals.
(a)
In the case of an appeal from the Zoning Hearing
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.
(b)
Any decision of the Zoning Hearing Board not
appealed within 30 days after notice thereof shall be final, except
as may be permitted otherwise under state law.
(10)
Appeal from the zoning officer. The Zoning Officer
may request that the Zoning Hearing Board interpret a definition or
requirement that is not clear or contradictory. If such a request
comes from the Zoning Officer, the applicant shall not be responsible
for fees related to the Zoning Hearing Board's review.
(11)
Standing. The Zoning Hearing Board shall have
the authority, if they desire, to determine whether a party has standing
regarding a particular application. The Zoning Hearing Board or Zoning
Officer may also require an applicant to provide a lease, agreement
of sale or other written evidence that they have authority or permission
of the property owner to make an application.
G.
Applications to the Zoning Hearing Board.
(1)
All appeals from a decision of the Zoning Officer
and applications to the Zoning Hearing Board shall be in writing on
forms provided by the Township. The applicant is responsible to identify
sections of this chapter that apply.
(2)
Every appeal or application shall include the following
and be submitted with a total of seven copies (which may include the
original):
(a)
The name and address of the applicant or appellant.
(b)
The name and address of the owner of the property
to be affected by such proposed change or appeal (if not the same
as above).
(c)
A brief description and location of the property
to be affected by such proposed change or appeal.
(d)
A statement of the present zoning classification
of the property in question, the improvements thereon and the present
use thereof.
(e)
A statement of the section of this chapter under
which the appeal is made and reasons why it should be granted, or
a statement of the section of this chapter governing the situation
in which the alleged erroneous ruling is being appealed and the reasons
for this appeal.
(f)
A reasonably accurate description of the additions
or changes intended to be made under this application, indicating
the size, material, and general construction of such proposed improvements.
Seven copies of a plot plan of the property to be affected, indicating
the location and size of the lot and the size of existing and intended
improvements, shall be attached to the description.
(h)
All other information listed on the official
Township application form.
(i)
Copies of the deed(s) or lease(s) to the subject
lot(s).
H.
Time limitations; persons aggrieved. The time limitations
for raising certain issues and filing certain proceedings with the
Zoning Hearing Board shall be the following:
(1)
Filing.
(a)
No person shall be allowed to file any proceedings
with the Zoning Hearing Board later than 30 days after any application
for development, preliminary or final, has been approved by an appropriate
Township officer, agency or body if such proceeding is designed to
secure reversal or to limit the approval in any manner unless such
person alleges and proves that he had no notice for which notice legally
was required to have been sent, knowledge, or reason to believe that
such approval had been given.
(b)
If such person has succeeded to his interest
after such approval, he shall be bound by the knowledge of his/her
predecessor in interest.
(2)
The failure of anyone other than the landowner to
appeal from an adverse decision on a tentative or preliminary plan
pursuant to a PRD or from an adverse decision by a Zoning Officer
on a challenge to the validity of this chapter or Zoning Map pursuant
to § 1002.A of the State Municipalities Planning Code (regarding
validity of ordinance)[1] shall preclude an appeal from a final approval except
in the case where the final submission substantially deviates from
the approved tentative or preliminary approval.
[1]
Editor's Note: Said section was repealed 4-28-1978 by P.L.
202, No. 53, § 2(a)[1421]; see now 42 Pa.C.S.A. § 933(c).
I.
Stay of proceedings.
(1)
Upon filing of any proceeding referred to in § 913.3
of the Municipalities Planning Code[2] and during its pendency before the Zoning Hearing Board,
all land development pursuant to any challenged ordinance, order or
approval of the zoning officer or of any agency or body and all official
action thereunder, shall be stayed unless the Zoning Officer or any
other appropriate agency or body certifies to the Zoning Hearing Board
facts indicating that such stay would cause imminent peril to life
or property, in which case the development or official action shall
not be stayed otherwise than by a restraining order, which may be
granted by the Zoning Hearing Board or by the court having jurisdiction
of zoning appeals, on petition after notice to the Zoning Officer
or other appropriate agency or body.
(a)
When an application for development, preliminary
or final, has been duly approved and proceedings designed to reverse
or limit the approval are filed with the Zoning Hearing Board by persons
other than the applicant, the applicant may petition the court having
jurisdiction of zoning appeals to order such persons to post bond
as a condition to continuing the proceedings before the Zoning Hearing
Board.
[2]
Editor's Note: See 53 P.S. § 10913.3.
(2)
After the petition is presented, the court shall hold
a hearing to determine if the filing of the appeal is frivolous. At
the hearing, evidence may be presented on the merits of the case.
It shall be the burden of the applicant for a bond to prove the appeal
is frivolous. After consideration of all evidence presented, if the
court determines that the appeal is frivolous, it shall grant the
petition for a bond. The right to petition the court to order the
appellants to post bond may be waived by the appellee, but such waiver
may be revoked by him if an appeal is taken from a final decision
of the court.
(3)
The question whether or not such petition should be
granted and the amount of the bond shall be within the sound discretion
of the court. An order denying a petition for bond shall be interlocutory.
An order directing the responding party to post a bond shall be interlocutory.
(4)
If an appeal is taken by a respondent to the petition
for a bond from an order of the court dismissing a zoning appeal for
refusal to post a bond and the appellate court sustains the order
of the court below to post a bond, the respondent to the petition
for a bond, upon motion of the petitioner and after hearing in the
court having jurisdiction of zoning appeals, shall be liable for all
reasonable costs, expenses and attorney fees incurred by the petitioner.
J.
Effect of Board's decision.
(1)
If the variance is granted or the issuance of a permit
is approved, or other action by the appellant is authorized, the necessary
permit shall be secured within six months after the date when the
variance is finally granted or the issuance of a permit is finally
approved or the other action by the appellant is authorized and the
building or alteration, as the case may be, shall be begun within
six months of the issuance of the permit. If the applicant submits
complete plans for a required site plan review within the six-month
period, the six-month requirement of this subsection shall begin after
such site plan review is completed by the Township. For good cause,
the Zoning Hearing Board may, upon application in writing stating
the reasons therefore, extend to 12 months the six-month application
period.
(2)
Should the appellant or applicant fail to obtain the
necessary permits within the above six-month or twelve-month period
or, having obtained the permit, should he fail to diligently commence
substantial construction (as defined by Chapter 130, Construction
Codes, Uniform) thereunder within such six-month or twelve-month period,
it shall be conclusively presumed that the appellant or applicant
has waived, withdrawn or abandoned his appeal or his application,
and all provisions, variances and permits granted to him by the Zoning
Hearing Board shall be deemed automatically rescinded.
The Zoning Hearing Board shall conduct hearings
and make decisions in accordance with the following:
A.
Notice of the hearing shall be given as provided under
state law. Written notice shall be mailed or delivered to the applicant,
the Zoning Officer and to any person who has made timely request for
the same. Written notice should be mailed or delivered to the last
known address of the last known owners of record of lots within 400
feet of the lot lines of the subject lot, except such distance shall
be reduced to 200 feet if an application only involves a side or rear
yard setback for a dwelling or an accessory use to a dwelling. In
addition, written notice of said hearing shall be conspicuously posted
on the affected tract of land at least one week prior to the hearing.
(1)
The Zoning Hearing Board may establish written bylaws
that require the applicant to provide notice as provided as stated
above and to certify that the notice was sent or delivered. Otherwise,
such notice shall be provided by the Township staff.
B.
Fees and costs. The Board of Commissioners has established
a fee schedule, by separate action, which may be amended from time
to time.
C.
Timing. The hearing shall be held within 60 days from
the date of the applicant's request, unless the applicant has agreed
in writing to an extension of time.
D.
The hearings shall be conducted by the Zoning Hearing
Board or the Zoning Hearing Board may appoint any member as a hearing
officer. The decision, or, where no decision is called for, the findings
shall be made by the Zoning Hearing Board. However, the appellant
or the applicant, as the case may be, in addition to the Township,
may, prior to the decision of the hearing, waive decision or findings
by the Zoning Hearing Board and accept the decision or findings of
the hearing officer as final.
E.
Parties. The parties to the hearing shall be the Township,
any person affected by the application who has made timely appearance
of record before the Zoning Hearing Board and any other person including
civic or community organizations permitted to appear by the Zoning
Hearing Board. The Zoning Hearing Board shall have power to require
that all persons who wish to be considered parties enter appearances
in writing on forms provided by the Zoning Hearing Board for that
purpose.
F.
Oaths and subpoenas. The chairman or acting chairman
of the Zoning Hearing Board or the hearing officer presiding 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 requested by the parties.
G.
The parties shall have the right to be represented
by counsel and to call technical experts to testify on their behalf
at that party's expense and shall be afforded the opportunity to respond
and present evidence and argument and cross-examine adverse witnesses
on all relevant issues.
H.
Evidence. Formal rules of evidence shall not apply
but irrelevant, immaterial or unduly repetitious evidence may be excluded.
I.
Stenographer. The Zoning Hearing Board or the hearing
officer, as the case may be, shall keep a stenographic record of the
proceedings. The appearance fee for a stenographer shall be shared
equally by the applicant and the Zoning Hearing Board. The cost of
the original transcript shall be paid by the Zoning Hearing Board,
if the transcript is ordered by the Zoning Hearing Board or hearing
officer, or shall be paid by the person appealing from the decision
of the Zoning Hearing Board if such appeal is made and in either event
the cost of additional copies shall be paid by the person requesting
such copy or copies. In other cases, the party requesting the original
transcript shall bear the cost thereof.
J.
Outside communications. The Zoning Hearing Board or
the hearing officer shall not communicate, directly or indirectly,
with any party or his representatives in connection with any issue
involved except upon notice and opportunity for all parties to participate,
shall not take notice of any communication, reports, staff memoranda
or other materials, except advice from their solicitor, unless the
parties are afforded an opportunity to contest the material so noticed
and shall not inspect the site or its surroundings after the commencement
of hearings with any party or his representative unless all parties
are given an opportunity to be present.
K.
Board decisions. The Zoning Hearing Board or the hearing
officer, as the case may be, shall render a written decision or, when
no decision is called for, make written findings on the application
within 45 days after the last hearing before the Zoning Hearing Board
or hearing officer. Where the application is contested or denied,
each decision shall be accompanied by findings of fact and conclusions
based thereon together with the reasons therefor.
(1)
Conclusions based on any provisions of state law or
of any ordinance, rule or regulation shall contain a reference to
the provision relied on and the reasons why the conclusion is deemed
appropriate in the light of the facts found.
(2)
Hearing officer. If the hearing is conducted by a
hearing officer and there has been no stipulation that his decision
or findings are final, the Zoning Hearing Board shall make the hearing
officer's report and recommendations available to the parties within
45 days and the parties shall be entitled to make written representations
thereon to the board prior to final decision or entry of findings,
and the Board's decision shall be entered no later than 30 days after
the report of the hearing officer.
(3)
Deemed approval. Where the Board fails to render the
decision within the period required by this subsection, or fails to
hold the required hearing within 60 days from the date of the applicant's
request for a hearing, the decision shall be deemed to have been rendered
in favor of the applicant unless the applicant has agreed, in writing
or on the record, to an extension of time.
(4)
Notice of deemed approval. When a decision has been rendered in favor of the applicant because of the failure of the Board to meet or render a decision as hereinabove provided, the board shall give public notice of said decision within 10 days from the last day it could have met to render a decision in the same manner as provided in Subsection A of this section. If the Board shall fail to provide such notice, the applicant may do so.
(5)
Appeal. Nothing in this subsection shall prejudice
the right of any party opposing the application to appeal the decision
to a court of competent jurisdiction.
L.
Board decision or findings. A copy of the final decision
or, where no decision is called for, of the findings shall be delivered
to the applicant personally or mailed to him not later than the day
following its date. To all other persons who have filed their name
and address with the board not later than the last day of the hearing,
the Zoning Hearing Board shall provide by mail or otherwise, brief
notice of the decision or findings and a statement of the place at
which the full decision or findings may be examined.
A.
In general. All appeals for securing review of this
chapter or any decision, determination or order of the Board of Commissioners,
its agencies or officers issued pursuant to this chapter, shall be
in conformance 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. Questions of an alleged
defect in the process of enactment or adoption of this chapter shall
be raised by an appeal taken directly from the action of the Board
of Commissioners to the court filed not later than 60 days from the
intended effective date of the ordinance or map.
D.
Time limitations on appeals.
(1)
No person shall be allowed to file any proceeding
with the Board later than 30 days after an application for development,
preliminary or final, has been approved by an appropriate municipal
officer, agency or body if such proceeding is designed to secure reversal
or to limit the approval in any manner unless such person alleges
that such approval had been given. If such person has succeeded to
his/her interest after such approval, he/she shall be bound by the
knowledge of his/her predecessor in interest. The failure of anyone
other than the landowner to appeal from an adverse decision on a tentative
plan pursuant to § 709[2] or from an adverse decision by a Zoning Officer on a challenge
to the validity of an ordinance or map pursuant to § 916.2[3] shall preclude an appeal from a final approval except
in the case where the final submission substantially deviates from
the approved tentative approval.
(2)
All appeals from determinations adverse to the landowners
shall be filed by the landowner within 30 days after notice of the
determination is issued.
The Board of Commissioners shall hear and have
exclusive jurisdiction to render final adjudications in the following
matters:
A.
All applications for approvals of a PRD.
B.
Applications for conditional use where authorized
by this chapter.
C.
Applications for curative amendment to this chapter.
D.
All petitions for amendments to this chapter. Any
action on such petitions shall be deemed legislative acts, provided
that nothing contained in this clause shall be deemed to enlarge or
diminish existing law with reference to appeals to court.
E.
Appeals of actions of administrative officers of the
Township where provided by the applicable ordinance.
F.
Applications for a special encroachment permit and
applications for a permit pursuant to the requirements for an official
map.
A.
The Township may, on its own motion or upon petition
of any person or entity, amend, supplement, change, modify or repeal
this chapter.
B.
Before voting on the enactment of an amendment, the
Board of Commissioners shall hold a public hearing thereon, pursuant
to public notice.
C.
Planning Commission. In the case of an amendment other
than that prepared by the Planning Commission, the Board of Commissioners
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 submit recommendations.
D.
LVPC review.
(1)
The Township staff shall submit the proposed amendment
to the Lehigh Valley Planning Commission (LVPC) for recommendations
at least 30 days prior to the hearing on such proposed amendment.
(2)
No action shall be taken by the Board of Commissioners
until any LVPC comments are received, unless 30 days pass without
such comments being received.
E.
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 Commissioners shall hold another public hearing, pursuant
to public notice, before proceeding to vote on the amendment.
F.
Application for amendment.
(1)
Any request for amendment of this chapter (including
supplement, change or repeal) by any person or entity (other than
the Township Manager, Planning Commission, Board of Commissioners
or committee appointed by the Board of Commissioners or under the
direct oversight of such entity) shall include the following:
(a)
A statement of why the change would be in the
best interests of the Township.
(b)
A statement of how the proposal will relate
to the Township Comprehensive Plan.
(c)
A statement addressing any adverse effects on
adjacent residences.
(d)
A statement addressing any major traffic access
or congestion concerns.
(e)
A map showing the proposed boundaries of any
proposed map changes, the existing and adjacent zoning and adjacent
land uses.
(f)
A statement explaining proposed extensions and
major improvements, if needed, of public water and sewer systems to
serve the land area.
G.
Traffic impact report. The Planning Commission or the Board of Commissioners may require an applicant for a zoning amendment to fund a traffic impact study within the requirements of § 275-179. Such a study shall take into account the entire land area proposed for a change, with an emphasis on the net projected traffic increases of the proposed amendment compared to the existing zoning, based upon reasonable assumptions about the intensity and type of development.
H.
Notification of proposed Zoning Map amendment. At
least 10 days prior to a hearing for a proposed change in a boundary
or district on the Official Zoning Map, the applicant shall send or
have delivered in person written notice of the proposed change and
the hearing date to all owners of directly abutting property and all
owners of land proposed to be affected. This requirement for notice
shall not apply to a proposed amendment to the Zoning Map that was
developed by or under the oversight of the Planning Commission, Board
of Commissioners, Township Manager or a committee or commission appointed
by the Board of Commissioners.
A.
A landowner who, on substantive grounds, desires to
challenge the validity of an ordinance or map or any provision thereof
which prohibits or restricts the use or development of land in which
he has an interest shall submit the challenge either:
B.
Persons aggrieved by a use or development permitted
on the land of another by an ordinance or map or any provision thereof,
who desires to challenge its validity on substantive grounds, shall
first submit their challenge to the Zoning Hearing Board for a decision
thereon.
C.
(1)
In challenges before the Zoning Hearing Board, the
challenging party shall make a written request to the board that it
hold a hearing on its challenge. The request shall contain the reasons
for the challenge. Where the landowner desires to challenge the validity
of such ordinance and elects to proceed by curative amendment under
the State Municipalities Planning Code, § 609.1,[1] his application to the Board of Commissioners shall contain,
in addition to the requirements of the written request hereof, the
plans and explanatory materials describing the use or development
proposed by the landowner in lieu of the use or development permitted
by the challenged ordinance or map.
(a)
Such plans or other materials shall not be required
to meet the standards prescribed for preliminary, tentative or final
approval or for the issuance of a permit, so long as they provide
reasonable notice of the proposed use or development and a sufficient
basis for evaluating the challenged ordinance or map in light thereof.
Nothing herein contained shall preclude the landowner from first seeking
a final approval before submitting his/her challenge.
[1]
Editor's Note: See 53 P.S. § 10609.1.
(2)
If a challenge under this section is made by the landowner
to the Board of Commissioners, the request also shall be accompanied
by an amendment or amendments to this chapter proposed by the landowner
to cure the alleged defects therein.
(4)
The Board of Commissioners may retain an independent
attorney to present the defense of the challenged ordinance or map
on its behalf and to present their witnesses on its behalf.
(5)
Based upon the testimony presented at the hearing
or hearings, the Board of Commissioners or the Zoning Hearing Board,
as the case may be, shall determine whether the challenged ordinance
or map is defective, as alleged by the landowner. If a challenge heard
by a Board of Commissioners is found to have merit, the Board of Commissioners
shall proceed as provided in the Municipalities Planning Code, § 609.1.[3] If a challenge heard by the Zoning Hearing Board is found
to have merit, the decision of the Zoning Hearing Board shall include
recommended amendments to the challenged ordinance which will cure
the defects found. In reaching its decision, the Zoning Hearing Board
shall consider the amendments, plans and explanatory material submitted
by the landowner and shall also consider:
(a)
The impact of the proposal upon roads, sewer
facilities, water supplies, schools and other public service facilities.
(b)
If the proposal is for a residential use, the
impact of the proposal upon regional housing needs and the effectiveness
of the proposal in providing housing units of a type actually available
to and affordable by classes of persons otherwise unlawfully excluded
by the challenged provisions of the ordinance or map.
(c)
The suitability of the site for the intensity
of use proposed by the site's soils, slopes, woodlands, wetlands,
floodplains, aquifers, natural resources and other natural features.
(d)
The impact of the proposed use on the site's
soils, slopes, woodlands, wetlands, floodplains, natural resources
and natural features, the degree to which these are protected or destroyed,
the tolerance of the resources to development and any adverse environmental
impacts.
(e)
The impact of the proposal on the preservation
of agriculture and other land uses which are essential to public health
and welfare.
(f)
Timing. The Board of Commissioners or the Zoning
Hearing Board, as the case may be, shall render its decision within
45 days after the conclusion of the last hearing.
[3]
Editor's Note: See 53 P.S. § 609.1.
D.
Timing. The Zoning Hearing Board or Board of Commissioners,
as the case may be, shall commence its hearings within 60 days after
the request is filed unless the landowner requests or consents to
an extension of time.
E.
Notice. Public notice of the hearing shall include
notice that the validity of the ordinance or map is in question and
shall give the place where and the times when a copy of the request,
including any plans, explanatory material or proposed amendments may
be examined by the public.
F.
The challenge shall be deemed denied when:
(1)
The Zoning Hearing Board or Board of Commissioners,
as the case may be, fails to commence the hearing within the time
limits set forth above.
(2)
The Board of Commissioners notifies the landowner
that it will not adopt the curative amendment.
(3)
The Board of Commissioners adopts another curative
amendment which is unacceptable to the landowner.
(4)
The Zoning Hearing Board or Board of Commissioners,
as the case may be, fails to act on the request 45 days after the
close of the last hearing on the request, unless the time is extended
by mutual consent by the landowner and Township.
In order not to unreasonably delay the time
when a landowner may secure assurance that the ordinance or map under
which he/she proposed to build is free from challenge, and recognizing
that the procedure for preliminary approval of his/her development
may be too cumbersome or may be unavailable, the landowner may advance
the date from which time for any challenge to the ordinance or map
will run under § 914.1 of the Municipalities Planning Code[1] by the following procedure:
A.
The landowner may submit plans and other materials
describing his/her proposed use or development to the Zoning Officer
for a preliminary opinion as to their compliance with the applicable
ordinances and maps. Such plans and other materials shall not be required
to meet the standards prescribed for preliminary, tentative or final
approval or for the issuance of a building permit so long as they
provide reasonable notice of the proposed use or development and a
sufficient basis for a preliminary opinion as to its compliance.
B.
If the Zoning Officer's preliminary opinion is that
the use or development complies with the ordinance or map, notice
thereof shall be published once each week for two successive weeks
in a newspaper of general circulation in the Township. Such notice
shall include a general description of the proposed use or development
and its location, by some readily identifiable directive, and the
place and times where the plans and other materials may be examined
by the public. The favorable preliminary approval under § 914.1
and the time therein specified for commencing a proceeding with the
board shall run from the time when the second notice thereof had been
published.
[1]
Editor's Note: See 53 P.S. § 10914.1.
A.
The Board of Commissioners has established by resolution
a schedule of fees and a collection procedure relating to all applications
filed pertaining to this chapter.
B.
No application shall be considered filed until all
fees are paid.
C.
This fee schedule may be based upon the type of application
and the breath of the proposed development including acreage, numbers
of lots and type of use, to most accurately reflect the Township's
actual costs.
A.
Stop-work order.
(1)
Upon written notice served by the Zoning Officer or
mailed to the last known address to the owner of a property, his/her
agent or a person accomplishing the activity that any activity is
violating this chapter, such activity shall be immediately stopped,
except that work may occur only to correct the violation.
(2)
The enforcement notice shall be sent to the owner
of record of the parcel 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.
(3)
An enforcement notice shall state at least 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 the ordinance.
(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 the right
to appeal to the Zoning Hearing Board within a prescribed period of
time in accordance with procedures set forth in this chapter.
(f)
That failure to comply with the notice within
the time specified, unless extended by appeal to the Zoning Hearing
Board, constitutes a violation, with possible sanctions clearly described.
B.
After a stop-work order has been issued, the property
or construction shall be stabilized and secured to remove any hazards
to the public health and safety.
C.
Any violation of this chapter shall be corrected within
five days after the Zoning Officer delivers notice of the violation,
unless the owner enters into an agreement with the Township to correct
the violation over a specified period of time or except for delays
that may be provided for under state law during formal appeals.
D.
If such activity unlawfully continues or a violation
is not corrected as provided for under this section, the Zoning Officer
or his/her authorized agent, shall have the authority to institute,
in the name of the Township, any appropriate action or proceeding
at law or in equity to prevent, restrain, correct or abate such violation
or to require the removal or termination of the unlawful use of the
structure, building, sign and/or land in violation of the provisions
of this chapter or of the order or direction made pursuant thereto.
E.
Enforcement remedies.
(1)
Any person, partnership or corporation who or which
has violated or permitted the violation of the provisions of any zoning
ordinance enacted under this Act or prior enabling laws shall, upon
being found liable therefor in a civil enforcement proceeding commenced
by a municipality, pay a judgment of not more than $500 plus all court
costs, including reasonable attorney fees incurred by the Township
as a result thereof. No judgment shall commence or be imposed, levied
or payable until the date of the determination of a violation by the
Magisterial District Judge. If the defendant neither pays nor timely
appeals the judgment, the Township may enforce the judgment pursuant
to the applicable rules of civil procedure.
(a)
Each day that a violation continues shall constitute
a separate violation, unless the Magisterial District Judge determining
that there has been a violation further determines that there was
a good-faith basis for the person, partnership or corporation violating
the ordinance to have believed that there was no such violation, in
which event there shall be deemed to have been only one such violation
until the fifth day following the date of the determination of a violation
by the Magisterial District Judge and thereafter each day that a violation
continues shall constitute a separate violation.
(b)
All judgments, costs and reasonable attorney
fees collected for the violation of zoning ordinances shall be paid
over to the Township whose ordinance has been violated.
(2)
The court of common pleas, upon petition, may grant
an order of stay, upon cause shown, tolling the per diem fine pending
a final adjudication of the violation and judgment.
(3)
Nothing contained in this section shall be construed
or interpreted to grant to any person or entity other than the Township
the right to commence any action for enforcement pursuant to this
section.
F.
Legal action. The imposition of the penalties herein
prescribed shall not preclude the Township Solicitor or his/her authorized
representative from instituting appropriate action to prevent unlawful
erection or construction or to restrain, correct or abate a violation
or to prevent illegal use or occupancy of any structure, building,
sign, land and/or premises or to stop an illegal act, conduct, business,
use or occupancy of a structure, building, sign and/or land in or
about any premises.
A.
Purpose. Before a zoning permit is granted for any
use listed as a conditional use in this chapter, a site plan shall
be reviewed by the Planning Commission and approved by the Board of
Commissioners. This procedure is provided because of the considerable
impact that these uses tend to have on a community.
B.
Procedure.
(1)
Zoning approval.
(a)
The applicant shall make all reasonable efforts
to ensure that a proposed use will be allowable under this chapter
prior to a submission to the Planning Commission for a formal conditional
use review.
(b)
This submission to the Planning Commission shall
not occur until any needed zoning variances or special exception approval
is received.
(c)
The applicant may request an informal review
by the Planning Commission of a site plan prior to requesting variances
or a special exception.
(2)
Submission. Fourteen complete copies of any required site plan meeting the requirements of § 275-178 shall be submitted to the Township. The Zoning Officer shall refuse to accept an incomplete application which does not provide sufficient information to determine compliance with this chapter.
(3)
Effect. A conditional use approval by itself shall
not relieve the applicant of any obligation under a Township ordinance
nor constitute a recommendation for a zoning variance.
(4)
Distribution. The Township shall distribute the copies
of the site plan to the Planning Commission and the Board of Commissioners.
A minimum of one copy shall be retained in the Township files. The
Township fire services should be given an opportunity for a review.
(5)
Zoning Officer review. The Zoning Officer or his designee
shall report in writing or in person to the Planning Commission or
Board of Commissioners stating whether the proposal complies with
this chapter. The Township Manager, Planning Commission or Board of
Commissioners may request a review by the Township Engineer.
(6)
Planning Commission. The Planning Commission shall
review the conditional use application and submit a recommendation
to the Board of Commissioners prior to action of the Board of Commissioners.
(7)
The Board of Commissioners shall not act to approve
or deny a conditional use application until they have received the
reports of the Zoning Officer and the Planning Commission, unless
a period of 60 days has passed from the date of the application.
(8)
The Board of Commissioners shall review the submission
for the proposed use and approve or disapprove the application within
90 days from the date of the first regularly scheduled Planning Commission
meeting following the submission of a complete application, unless
the applicant has agreed to an extended review period. Approval may
be made conditional upon the applicant's adoption of specified changes
in the submission.
(9)
The decision of the Board of Commissioners shall be
in writing and shall be communicated to the applicant personally or
mailed to him at his last known address. This should occur not later
than 15 days following the decision.
(10)
Subdivision and land developments. A conditional
use review may and should be coordinated with any and all subdivision
and land development reviews.
C.
Approval of conditional uses.
(1)
The Board of Commissioners shall approve any proposed
conditional use if they find adequate evidence that any proposed use
will meet:
(c)
All other applicable sections of this chapter.
(2)
In granting a conditional use, the Board of Commissioners
may require such reasonable conditions and safeguards (in addition
to those expressed in this chapter) as it determines is necessary
to implement the purposes of this chapter.
D.
Standards for decisions. Each conditional or special
exception use shall comply with all of the following standards:
(1)
Other laws. Not clearly in conflict with other Township
ordinances or state or federal laws or regulations known to the Township.
(2)
Comprehensive plan. Not significantly incompatible
with the adopted Comprehensive Plan, as amended.
(3)
Traffic. Will not result in or significantly add to a serious traffic hazard or serious traffic congestion. See § 275-179 for possible traffic impact study requirement.
(4)
Safety, will not create a significant public safety
hazard, including fire, toxic or explosive hazards.
(5)
Stormwater management. Will follow adequate and professionally
accepted engineering methods to manage stormwater. This shall not
be a criteria of a decision under this chapter if the application
clearly would be subject to a separate engineering review and an approval
of stormwater management by the Board of Commissioners under another
Township ordinance.
(6)
Neighborhood. Will not significantly negatively affect
the desirable character of an existing residential neighborhood.
(7)
Design. Will involve adequate site design methods,
including screening, setbacks and traffic control, to avoid significant
negative influences on adjacent uses.
A.
Purpose. The special exception process is designed
to allow careful review of uses that have some potential of conflicts
with adjacent uses or areas.
B.
Procedure.
(1)
The Zoning Officer shall not grant a zoning permit
for a proposed special exception use until written approval of the
Zoning Hearing Board is obtained.
(2)
All applicants for a special exception use shall submit
eight sets of site plans for the proposed use to the Secretary to
the Zoning Hearing Board as part of the application for a zoning permit.
This may be waived by the Zoning Officer for nonintensive home occupations
and other uses not involving new construction nor additional off-street
parking. Photographs of the existing site or buildings may also be
requested to be presented by the applicant.
(4)
The Township shall forward the application to the
Zoning Hearing Board and its Solicitor. A minimum of one copy shall
be retained in the Township files.
(5)
The Zoning Officer shall, prior to the next Zoning
Hearing Board meeting where the application will be discussed, review
the Plan to determine compliance with this chapter and report these
findings to the Zoning Hearing Board.
(6)
The Planning Commission may, at their option if they
determine there will be substantial impacts on the community, review
a proposed special exception use and submit an advisory recommendation
to the Zoning Hearing Board. The intent of this section is to allow
an additional review for proposed uses that would have Township-wide
effects.
(7)
The Board shall not decide the case without reviewing
any reports received from the Zoning Officer and Planning Commission.
If the Zoning Officer does not submit a written report, the Board
may still hold the hearing and decide the request.
(9)
The decision of the Board shall be in writing and shall be communicated to the applicant in accordance with Article I.
(10)
A site plan review by the Planning Commission and the Board of Commissioners may also be required. See § 275-178.
(11)
Any granting of a special exception shall not
relieve the applicant of any other requirements of this chapter.
C.
Approval of special exception uses.
(1)
The Zoning Hearing Board shall approve any proposed
special exception use if they find adequate evidence that any proposed
use will meet:
(2)
In granting a special exception, the Board may require
such reasonable conditions and safeguards (in addition to those expressed
in this chapter) as it determines is necessary to implement the purposes
of this chapter.
D.
Conditions. Conditions imposed by the Zoning Hearing
Board shall automatically become conditions of the construction permit
issued pursuant thereto, and any failure to comply with said conditions
shall be a violation of this chapter.
E.
Persons with disabilities. After having received a
complete written application, the Zoning Hearing Board shall grant
a special exception allowing modifications to specific requirements
of this chapter if an applicant proves to the satisfaction of the
Zoning Hearing Board that such modifications are necessary to provide
a "reasonable accommodation" under the Americans With Disabilities
Act and/or the Federal Fair Housing Act and/or applicable state law,
as amended, to serve persons who the applicant clearly proves have
"disabilities" as defined in and protected by such laws.
A.
Neither the approval nor the granting of any construction
permit, floodplain permit, site plan review, subdivision approval,
land development approval, permit under this chapter, erosion review,
stormwater runoff review, steep slope review or any other review or
permit of this chapter, involving any land governed by the provisions
of this chapter, by an officer, employee or agency of the Township,
shall constitute a representation, guarantee or warranty of any kind
by the Township, or its employees, officials 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
nor employee for any damage that may result pursuant thereto.
B.
If the Zoning Officer mistakenly issues a permit under
this chapter, the Township shall not be liable for any later lawful
withdrawal of such permit for valid cause shown.
