[Ord. 9-94, 4/7/1994, § 101; as amended by Ord.
00-4, 10/19/2000, § 2; by Ord. 01-12, 7/12/2001, § 2;
by Ord. No. 2020-08, 7/9/2020; and by Ord. No. 2022-13, 9/1/2022]
1.
This Chapter is hereby adopted: a) in accordance with the requirements
and purposes (including § 604 or its successor section,
which is included by reference) of the Pennsylvania Municipalities
Planning Code, Act 247 of 1968, as amended by Act 170 of 1988, and
as may be further amended;[1] b) in accordance with the community development goals
and objectives (which are included in § 27-101.2) of the
latest revision of the Upper Macungie Township Comprehensive Plan,
which constitutes an overall program; c) in consideration of the character
of the Township, its various parts and the suitability of the various
parts for particular uses and structures; and d) to assist in carrying
out the purposes and provisions of the Constitution of the Commonwealth
of Pennsylvania (especially Article I, Section 27), the Pennsylvania
Floodplain Management Act, Pennsylvania Stormwater Management Act,
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.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
2.
Community
Development Goals.
A.
Community Character and Design. "Community character" refers to the
natural and built features that shape the Township's identity. Design
standards focus on the way buildings, streets, and open space work
together to define a sense of place.
(1)
Upper Macungie will be a place that successfully integrates
the rural landscapes with modern communities.
(2)
Children growing up in UMT will be able to afford to live here
in the future and throughout their lifetime with opportunities for
aging in place.
(3)
Upper Macungie's historic villages will be revitalized and serve
as centers of the community.
B.
Natural Resources. Natural resource conservation and management are
essential to agricultural production and environmental sustainability.
Management systems specific to characteristics of various suburban
landscapes must contribute to sustainability of the community.
(1)
Upper Macungie will preserve important green space and scenic
open space through a variety of innovative conservation tactics that
include zoning, partnerships with land trusts, and effective use of
incentives for voluntary preservation.
C.
Quality of Development. Quality development contributes to the economic,
environmental, and social sustainability of the community, improving
the quality of life of today's and tomorrow's residents.
(1)
Development will be environmentally sustainable while enhancing
surrounding neighborhoods and the community.
(2)
When appropriate, use traditional neighborhood or village standards
where walking and/or biking is possible.
(3)
Balance land use opportunities to assure adequate residential,
commercial, and institutional uses are provided for to support UMT's
suburban industrial employment hub.
D.
Infrastructure. Investments in infrastructure and technology are
important to livability and economic sustainability. Fast-growing
suburban communities are challenged to provide, maintain, and operate
public facilities and services.
E.
Excellence in Government. Government plays an important role in implementing
sustainable development. It is crucial to involve relevant decisionmakers
and partners to implement sustainable policies.
(1)
Demonstrate measurable progress to achieve goals, objectives,
policies, and strategies for all plan elements.
(2)
Build fiscal strength through SMART decisionmaking that contributes
to community sustainability.
(3)
Implement this plan and other plans through the Capital Improvement
Plan (CIP) and Annual Budget.
3.
Severability. The Board of Supervisors of the Township of Upper Macungie
states that should a court of competent jurisdiction declare any portion
of this Part which amends the Township's Zoning Ordinance and Zoning
Map invalid or ineffective in response to a challenge by any person,
the land in the said zoned districts created by this Chapter shall
be regulated by the provisions of the zoned districts which were in
existence prior to the adoption of this Chapter.
[Ord. 9-94, 4/7/1994, § 102]
2.
This Chapter regulates matters authorized by § 603, "Ordinance
Provisions," of the Pennsylvania Municipalities Planning Code, or
such successor section.
3.
All readers maintain the responsibility to procure the latest amendments
to this Chapter.
4.
This Chapter shall not apply to any lands or existing or proposed
uses, buildings, structures, signs, or extension thereof, occupied,
owned, leased and/or operated by the Township.
[Added by Ord. No. 2018-01, 2/8/2018]
[Ord. 9-94, 4/7/1994, § 103]
The enforcement, violations and penalty provisions of the Pennsylvania
Municipalities Planning Code, as amended, shall apply (as of 1994,
these provisions were in §§ 617.1, 617.2 and 617.3
of such Act).[1]
[1]
Editor's Note: See 53 P.S. 10617.1, 10617.2 and 10617.3.
[Ord. 9-94, 4/7/1994, § 104]
The Board of Supervisors has established by resolution a schedule
of fees and a collection procedure relating to all applications filed
pertaining to this Chapter. No application or appeal shall be considered
filed until all fees are paid.
[Ord. 9-94, 4/7/1994, § 105]
1.
Minimum Requirements. The provisions of this Chapter shall be interpreted
as the minimum requirements to promote public health, safety and general
welfare. Where more than one provision of this Chapter controls a
particular matter, the provision that is more restrictive upon uses
and structures shall apply. The provisions of this Chapter are in
addition to any other applicable Township ordinance.
2.
Uses Not Specifically Regulated. If a use clearly is not permitted
by right, by condition or by special exception by this Chapter within
any zoning district, the use is prohibited, except as may be permitted
as a "similar use" under a specific provision of this Chapter.
3.
Sketches. Sketches in this Chapter are for illustrative purposes
only and are not regulatory.
4.
Interpretation of Ordinance Text and Boundaries. The Zoning Officer shall apply the wording of this Chapter and the location of all district boundaries to particular applications. In case of uncertainty by the Zoning Officer, he/she shall request an interpretation of the specific uncertainty by the Zoning Hearing Board, with the applicant not liable for the application fee for that particular request. The Zoning Officer may also request an advisory opinion from the Township Solicitor or the Zoning Hearing Board Solicitor. See § 27-111 and the Township fee schedule concerning appeals by an applicant.
[Ord. 9-94, 4/7/1994, § 106]
1.
After receiving a proper application, the Zoning Officer shall either
issue the permit under this Chapter 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.
3.
Appeal. See § 27-111 concerning appeals of actions of the Zoning Officer to the Zoning Hearing Board. (NOTE: In most cases under state law, such appeals must be made within 30 days of the action.
4.
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.
[Ord. 9-94, 4/7/1994, § 107]
1.
Applicability. Any of the following activities or any other activity
regulated by this Chapter shall only be carried out after receipt
of any required approval or permit and in compliance with this Chapter:
2.
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 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. However, such work may require a permit under the Township Building Code (Chapter 5).
3.
Types of Uses.
B.
Special Exception Use or Application Requiring a Variance. 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.
C.
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 Supervisors, after the Planning Commission has been
given an opportunity to review the application.
4.
Applications.
A.
Any request for a decision, interpretation or variance by the Zoning
Hearing Board or for a permit under this Chapter 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.
B.
Two copies of a site plan shall be submitted. Such site plan shall
be drawn to scale.
C.
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 Chapter:
(1)
The location and dimensions of the lot.
(2)
Locations, dimensions and uses of existing and proposed structures,
parking and loading areas and locations of existing and proposed uses
of areas of land.
(a)
The dimensions of all buildings from lot lines and from other
buildings shall be shown.
(3)
Name and address of the applicant, or appellant.
(4)
Name and address of the owner of the affected property.
(5)
A description of the proposed use of the property.
(6)
Such additional information that the Zoning Officer may determine
is reasonably necessary to determine compliance with this Chapter.
(7)
The locations of any trees or forested areas with a trunk diameter
of six inches or greater, measured one foot above the average surrounding
ground level, that may be impacted in any way by the proposal (with
trees identified with a trunk diameter over 20 inches).
(8)
All other applicable information listed on the official Township
application form.
(9)
Survey. An applicant shall provide a survey by a registered
surveyor stating that any new principal buildings are located in accurate
locations in compliance with the submitted site plan. Such survey
shall occur approximately at the time foundations of the buildings
or the bases of all structures have actually been constructed, but
prior to construction beyond that point. The Township may require
the removal of any building or structure that is in violation of this
Chapter.
D.
Submittals to the Board. In addition to the information listed in Subsection 4C above, 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 Chapter:
(1)
The present zoning district and major applicable lot requirements.
(2)
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.
(3)
If a nonresidential use is proposed within close proximity to
dwellings, a description of hours of operation.
(4)
A listing of any Sections of this Chapter being appealed, with
the reasons for any appeal.
E.
Other Laws. The Zoning Officer may withhold issuance of a permit
under this Chapter if there is clear knowledge by him or her that
such a use would violate another Township, state or federal law or
regulation, until such time as the applicant proves compliance.
F.
Ownership. No person other than a landowner or his specifically authorized
agent or a tenant or lessee with written permission of the landowner
shall submit a zoning application (see definition of "landowner" in
Part 2).
G.
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. The cost
of such additional review or comment shall be funded by the applicant.
5.
Issuance of Permit.
A.
At least three copies of any permit application required under this
Chapter shall be made.
B.
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.
C.
Where applicable, a state highway occupancy permit shall be required
prior to issuance of a Township building permit.
6.
Revocation of Permits. The Zoning Officer shall revoke a permit or
approval issued under the provisions of this Chapter in case of:
A.
Any false statement or misrepresentation of fact in the application
or on the plans on which the permit or approval was based. (The Pennsylvania
Crimes Code provides for penalties for providing false information
to a municipal employee in the carrying out of his/her duties.)
B.
Upon violation of any condition lawfully imposed upon a special exception
or conditional use.
C.
Any work being accomplished or use of land or structures in such
a way that does not comply with this Chapter or an approved site plan
or approved permit application.
D.
For any other just cause set forth in this Chapter.
E.
For violation of any other applicable Township ordinance.
7.
Temporary Permit for Temporary Uses and Structures.
[Amended by Ord. 2010-6, 8/19/2010]
A.
A temporary permit may be issued by the Zoning Officer for any of
the following:
(1)
Any temporary use that meets the requirements of this Chapter.
(2)
Customary, routine and accessory short-term special events,
provided that:
(a)
Only a well-established nonprofit organization or a lawful place
of worship proposing a temporary use to clearly primarily serve a
charitable, public service or religious purpose shall be eligible
to receive approval for a commercial use in a district where that
use is not permitted.
(b)
The Zoning Officer shall establish a reasonable limit on the
duration of the use.
(4)
The temporary erection of a tent or similar temporary structure
that is not totally enclosed for a maximum of 14 days in any four-month
period for clearly routine customarily accessory uses, such as the
following: a wedding in the rear yard of a dwelling, a festival by
a place of worship, or a special sale within the lot of a lawful commercial
use.
B.
Removal. Prior to the issuance of a permit for a temporary use or
structure, the Zoning Officer may require an applicant to present
a statement from the owner of record of the land, recognizing the
application and accepting responsibility to ensure that the use or
structure is removed once the permit expires. Any temporary structure
or use shall be removed completely upon expiration of the permit without
cost to the Township. If the structure or use is not removed in a
timely fashion after proper notification, the Township may remove
the use or structure at the cost of the person who owns the land upon
which the structure or use is located.
8.
Changes to Approved Plans.
A.
After the issuance of a permit and/or approval of a site plan under
this Chapter 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.
[Ord. 9-94, 4/7/1994, § 108]
1.
Within the requirements of the Pennsylvania Municipalities Planning
Code, the Board of Supervisors may amend, challenge or repeal any
or all portions of this Chapter on its own motion or upon agreeing
to hear a written request of any person, entity or the Planning Commission.
2.
Before voting on the enactment of an amendment, the Board of Supervisors
shall hold a public hearing thereon, following the procedural requirements
of the Pennsylvania Municipalities Planning Code, including public
notice.
3.
Review of Amendments.
A.
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.
B.
Lehigh Valley Planning Commission (LVPC) Review. The Township shall
submit the proposed amendment to the LVPC 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 LVPC comments
are received, unless 30 days pass without such comments being received.
[Amended by Ord. No. 2020-08, 7/9/2020]
4.
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.
5.
Application for Ordinance Amendment. Any request for amendment of
this Chapter (including supplement, change or repeal) by any person
or entity (other than the Township staff, Planning Commission, Board
of Supervisors or a committee appointed by the Board of Supervisors
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 zoning of the land and of adjacent lands and the current
uses of adjacent lots.
F.
A statement explaining proposed extensions and major improvements,
if needed, of public water and sewer systems to serve the land area.
G.
Payment of required fees to the Township as provided in the Township
Fee Schedule for Rezoning or Curative Amendments, which may be amended
by resolution, and which shall include, but not be limited to, reimbursement
to the Township for the costs of all legal advertisements.
[Amended by Ord. 2010-6, 8/19/2010]
6.
Traffic Impacts of Zoning Amendments. The Planning Commission or
the Board of Supervisors may require an applicant for a zoning amendment
to fund and provide 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. The applicant shall then
reimburse the Township for reasonable costs for the review of such
study by a Township consultant.
7.
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.
[Ord. 9-94, 4/7/1994, § 109]
1.
Submittal. A landowner who desires to challenge on substantive grounds
the validity of this Chapter 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 processed in accordance with
the applicable provisions of the Pennsylvania Municipalities Planning
Code (as of 1994, these provisions were in §§ 609.1.
and 916.1 of such Act).
2.
Curative Fees. For a curative amendment request, the applicant shall
pay the Township all fees required under the applicable Township fee
schedule, which may be amended by resolution, and at a minimum shall
compensate the Township for all actual expenses for legal advertising.
3.
Municipal Curative Amendments. The applicable provisions of the Pennsylvania
Municipalities Planning Code shall apply (as of 1994, such provisions
were in §§ 609.2 and 916.1 of such Act).
[Ord. 9-94, 4/7/1994, § 110]
1.
Appointment. 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.
2.
Duties and Powers. The Zoning Officer shall:
A.
Administer this Chapter.
B.
Receive and examine all applications required under the terms of
this Chapter and issue or refuse permits within this Chapter.
C.
Receive complaints of violation of this Chapter and issue a written
notice of violation to any person violating any provision of this
Chapter.
D.
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 notices or orders issued, and make all required inspections and
perform all other duties as called for in this Chapter.
E.
Not have the power to permit any activity which does not conform
to this Chapter or all other ordinances of the Township.
[Ord. 9-94, 4/7/1994, § 111]
1.
Membership of Board. The existing Zoning Hearing Board shall be continued
and shall consist of five residents of the Township appointed by resolution
of the Board of Supervisors. The terms of office shall be five years
and shall be so fixed that the term of office of at least one member
shall expire each year. Members of the Board shall hold no other elected
or appointed office in the Township, nor shall any member be an employee
of the Township. The Board of Supervisors may appoint alternate members
of the Zoning Hearing Board within the applicable provisions of the
Pennsylvania Municipalities Planning Code [as of 1994, such provisions
were in § 903(b) of such Act].
[Amended by Ord. 2010-6, 8/19/2010; and by Ord. No. 2020-08, 7/9/2020]
2.
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.
3.
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 Supervisors 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.
4.
Organization. The applicable provisions of the Pennsylvania Municipalities
Planning Code, as amended, shall apply [as of 1994, these provisions
were in § 906(a), (b) and (c) of such Act].
5.
Zoning Hearing Board Functions. The Zoning Hearing Board shall be
responsible for the following:
A.
Appeal of a decision by the Zoning Officer.
(1)
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 Chapter.
B.
Challenge to the Validity of this Chapter or Map. The applicable
provisions of the Pennsylvania Municipalities Planning Code, as amended,
shall apply (as of 1994, these provisions were in §§ 909
and 916 of such Act).
C.
Variance.
(1)
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).
(2)
Standards. The Board may grant a variance only within the limitations
of state law. [As of 1994, the Municipalities Planning Code provided
that all of the following findings must be made, where relevant:
(a)
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 Chapter in the neighborhood or district in which the property
is located.
(b)
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 a variance is therefore necessary
to enable the reasonable use of the property.
(c)
Such unnecessary hardship has not been created by the appellant.
(d)
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.
(e)
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.]
(3)
In granting any variance, the Board may attach such reasonable
conditions and safeguards as it may deem necessary to implement the
purposes of this Chapter.
(5)
Use Variance. A variance shall not be granted to allow a use
that is not permitted in the applicable district unless the applicant
proves to the satisfaction of the Zoning Hearing Board that one of
the following is true: a) the proposed use is not addressed in any
district in this Chapter; or b) the property is not suitable for any
of the uses permitted in that district because of the property's unique
characteristics. In addition, a use variance shall meet other applicable
variance standards.
D.
Special Exception.
(1)
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 Chapter and in accordance with such standards and criteria contained in this Chapter and the procedures in § 27-119.
(2)
Conditions. In granting a special exception, the Zoning Hearing
Board may attach such reasonable conditions and safeguards, in addition
to those expressed in this Chapter, as it may deem necessary to implement
the purposes and intent of this Chapter.
F.
Records and Reports. The staff to the Board shall keep full public
records of its business.
6.
Time Limitations for Appeals. The applicable provisions of the Pennsylvania
Municipalities Planning Code, as amended, shall apply (as of 1994,
these provisions were in § 914.1 of such Act).
7.
Stay of Proceedings. The stay of proceedings provisions of the Pennsylvania
Municipalities Planning Code, as amended, shall apply (as of 1994,
such provisions were in § 915.1 of such Act). The provisions
of the Pennsylvania Municipalities Planning Code, as amended, regarding
substantive challenges to the Zoning Ordinance by a landowner or persons
aggrieved shall apply (as of 1994, these provisions were in § 916.1
of such Act).
8.
Time Limitations on Permits and Variances.
A.
After a variance is approved or approval is officially authorized
under this Chapter, 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 six months of
the issuance of the permit.
B.
Township Approvals. 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 Chapter within the
above time limits, then such time limits shall begin after the last
such approval or permit is granted.
C.
Federal or State Approvals. If an application requires a federal
or state permit or approval, than the time limits of this Section
may apply from the date of such issuance or approval; provided, that:
a) the applicant applied for such permit or approval during the Township
approval process, and b) the applicant continues to diligently seek
such approval or permit.
D.
For good cause, the Zoning Officer may, upon application in writing
stating the reasons therefore, extend in writing the above application
and construction initiation periods up to a maximum total of 30 months.
E.
If an applicant fails to obtain the necessary permits or begin construction
within the above time periods, or allows interruptions in substantial
construction of longer than six months, it shall be conclusively presumed
that the applicant has waived, withdrawn or abandoned approvals, variances
and permits under this Chapter, and all such approvals, variances
and permits become null and void.
F.
See provisions in the Township Building Code regarding renewal of
and time limits on building permits.
[Ord. 9-94, 4/7/1994, § 112]
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:
(2)
Posting. Notice of such hearing shall be conspicuously posted
on the affected tract of land by the Township at least one week prior
to the hearing. It is the responsibility of the applicant to ensure
that such notice remains posted until the hearing.
[Amended by Ord. 2010-6, 8/19/2010]
(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 and
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 250 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 such 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: a) the applicant
for any notice required by this Chapter and b) those persons requesting
any notice not required by this Chapter.
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.
(3)
The Board shall have the authority, if it chooses, to determine
who has standing for an appeal.
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, Township staff, Township Engineer, Fire Commissioner or
other professional provide an advisory review on any matter before
the Board. Any costs associated with such reviews shall be paid by
the applicant.
[Amended by Ord. 2010-6, 8/19/2010]
H.
Initiation of Hearings. A hearing required under this Chapter 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 Pennsylvania Municipalities
Planning Code or of this Chapter 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 or her representative at his or
her last known address not later than the time limit established by
§ 907 of the Pennsylvania Municipalities Planning Code.
[Ord. 9-94, 4/7/1994, § 113]
The provisions for appeals to court that are stated in the Pennsylvania
Municipalities Planning Code, as amended, shall apply (as of 1994,
these provisions were in §§ 1001-A, 1002-A, 1003-A,
1004-A, 1005-A and 1006-A of such Act[1]).
[1]
Editor's Note: See 53 P.S. §§ 11001-A through
11006-A.
[Ord. 9-94, 4/7/1994, § 114]
See § 619 of the Pennsylvania Municipalities Planning
Code.
[Ord. 9-94, 4/7/1994, § 115]
The minimum lot area and minimum lot width requirements of this
Chapter shall not apply to uses or structures owned by Upper Macungie
Township or by municipal authorities created solely by Upper Macungie
Township, for uses and structures that are intended for a legitimate
governmental, recycling, public utility or public health and safety
purpose.
[Ord. 9-94, 4/7/1994, § 116]
1.
When Site Plan Required. A site plan review by the Planning Commission
and Board of Supervisors is required for any of the following uses
if the physical layout of the use will not be required to be submitted
as a conditional use, a subdivision or a land development.
A.
Any expansion of more than 2,000 square feet in the floor area of
a structure of one of the following types:
B.
Any new or expanded paved area of greater than 10,000 square feet.
C.
Conversion of a nonresidential principal building to a new nonresidential
principal use, but not including routine changes between closely similar
uses as determined by the Zoning Officer.
D.
Any change from one nonresidential principal use to a different nonresidential
principal use that would require the addition of 15 or more off-street
parking spaces beyond what would have been previously required.
2.
Site Plan Procedures. The following procedures shall be followed
for any use required to be reviewed under this Section:
A.
Submission. A minimum of three complete copies of any required site plan shall be submitted to the Township. The Zoning Officer shall refuse to accept an application if it does not contain sufficient information to determine compliance with this Chapter. A minimum of one copy shall be retained in Township files. The site plan shall include the information listed in § 27-117. The Zoning Officer shall seek a review by the Township Engineer if engineering matters are involved.
B.
Prior to or within three working days after submittal to the Township,
the applicant shall distribute one copy to each of the following,
as applicable, unless waived by the Zoning Officer as unnecessary:
the Township Engineer, the Sewage Authority Engineer, the County Conservation
District, the Joint Planning Commission (if required under the Regional
Stormwater Ordinance), and the Lehigh County Authority. The applicant
shall notify the Township in writing that such submittals were completed.
C.
Time. The Planning Commission and Board of Supervisors shall be given an opportunity to review the site plan and provide any advisory comments in writing to the Zoning Officer within the time limit stated in Subsection 2D below.
D.
The Zoning Officer shall review the site plan and determine its compliance
or noncompliance with this Chapter, based upon his/her review and
any comments of the Board of Supervisors and Planning Commission.
The Zoning Officer shall make such determination within 90 days after
the first scheduled Planning Commission regular meeting after the
receipt of a complete site plan submission, unless the applicant grants
a written time extension.
E.
A site plan under this Section may be reviewed at any legally advertised,
regular or workshop meeting of the Board of Supervisors and Planning
Commission.
[Ord. 9-94, 4/7/1994, § 117]
1.
The following information, as applicable, shall be submitted by the applicant for any conditional use or any use required to submit a site plan under § 27-116 or 27-118, except for information waived by the Zoning Officer as not applicable or necessary:
A.
A statement describing the proposed use.
B.
Layout. A site layout drawn to scale (preferably one inch equals
50 feet) showing the location, dimensions and area of each lot; the
location, dimensions and height of proposed and any existing structures;
the required setback areas; the proposed density of residential uses;
the location and width of proposed or abutting streets; and the proposed
areas to be used for different purposes within the development, including
outdoor storage or display areas. If the plan involves one phase of
what eventually may be a larger development, then the interrelationships
of those phases shall be shown.
C.
Landscaping. The width of any buffer yard and the heights, spacing
and general species of plants to be used for screening. General numbers,
locations and types of landscaping to be provided in off-street parking
lots, along streets and in other areas.
D.
Parking. The locations and numbers of parking spaces; the location and widths of aisles; the location and sizes of off-street loading areas. The method of calculating the off-street parking requirement, based upon § 27-601.
E.
Lighting and Signs. The height, location and approximate intensity
of exterior lighting. The sign area, height, location and general
method of lighting of signs.
F.
Sidewalks. The location of any proposed sidewalks (with width) and
curbing.
G.
Utilities. Note stating general proposed method of providing wastewater
treatment and water supply (such as "public water and public sewage
services").
H.
Nuisances and Safety. A description of any proposed industrial or
commercial operations or storage in sufficient detail to indicate
potential nuisances and hazards regarding noise, large trucks, glare,
air pollution, odors, dust, fire or toxic or explosive hazards or
other hazards to the public health and safety; together with proposed
methods to control such hazards and nuisances.
I.
Grading and Stormwater. Proposed and existing contours if earth disturbance is proposed. Identification of any slopes between 15% and 25% and greater than 25% proposed to be impacted. Proposed method of managing stormwater runoff. See steep slope provisions in § 27-505 and the Township's Act 167 Stormwater Ordinances. Delineation of any floodplains from the Official Federal Emergency Management Agency Floodplain Maps. (This information is not required on a zoning site plan if such information will be submitted on a subdivision or land development plan for the use.)
J.
A location map showing the relation of the project to surrounding
streets. Approximate lot lines of abutting lots within 50 feet of
the project, with identification of abutting land uses.
K.
Zoning district and major applicable requirements.
L.
Name and address of the person who prepared the site plan, the applicant
and the owner of record of the land.
M.
Such other data or information as the Zoning Officer deems is reasonably
necessary to determine compliance with Township ordinances.
[Ord. 9-94, 4/7/1994, § 118; amended by Ord. 2010-6,
8/19/2010; and by Ord. 2017-4, 6/1/2017]
1.
Purpose. Before zoning approval is granted for any use listed as
a conditional use in this chapter, a site plan shall be reviewed by
the Township Planning Commission and approved by the Township Board
of Supervisors.
2.
Approval of Conditional Uses.
B.
The Board of Supervisors shall hold hearings on and decide requests for such conditional uses in accordance with such specific standards in § 27-402 and § 27-403, as applicable. The hearing shall be conducted by the Board of Supervisors, or the Board of Supervisors may appoint any member or an independent attorney as a hearing officer. The decision or, where no decision is called for, the findings shall be made by the Board of Supervisors. 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 Board of Supervisors and accept the decision or findings of the hearing officer as final.
C.
Compliance with all of the following standards:
[Added by Ord. No. 2018-01,[1] 2/8/2018]
(1)
Other Laws: Will not clearly be in conflict with other Township
ordinances or state or federal laws or regulations known to the Township.
(2)
Traffic. The applicant shall show that the use will not result
in or add to a significant traffic hazard or significant traffic congestion
(based upon a reduction in overall levels of service at the nearest
intersection in all compass directions).
(3)
Safety. The applicant shall show that the use will not create
a significant public safety hazard, including fire, toxic or explosive
hazards.
(4)
Stormwater Management. Will follow adequate, professionally accepted engineering methods to manage stormwater. Stormwater 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 Supervisors under the Subdivision and Land Development Ordinance (Chapter 22) and under plans adopted pursuant to the Pennsylvania Stormwater Management Act.[2]
(5)
Neighborhood. Will not significantly/negatively affect the desirable
character of an existing residential neighborhood, such as causing
heavy truck traffic through a residential neighborhood or a significant
odor or noise nuisance or very late night/early morning hours of operation.
[1]
Editor's Note: This ordinance also redesignated former Subsection
C as Subsection D.
D.
In granting a conditional use, the Board of Supervisors may attach
such reasonable conditions and safeguards, in addition to those expressed
in this chapter, as it may deem necessary to implement the purposes
of this chapter.
3.
Administration.
A.
The Zoning Officer shall deny a zoning permit for the proposed development
until written approval of the Township Board of Supervisors is obtained.
B.
All applicants for conditional use shall submit five sets of site
plans sealed by a Pennsylvania-licensed design professional.
C.
All site plans shall contain information otherwise required by the
Township Subdivision and Land Development Regulations for a sketch
plan,[3] and in addition thereto, all site plans shall contain
the following information as it pertains to the subject lot(s):
(1)
The location of public and private water lines, supplies, wells,
springs, streams, swamps, rivers and other bodies of water, and public
and private sewer lines and septic systems;
(2)
The location of high-tension power line rights-of-way;
(3)
The location of pipeline rights-of-way;
(4)
The location of geologic and hydrologic features;
(5)
The floodplain and location of the site or facility within that
floodplain, and stormwater runoffs;
(6)
The location of public and private recreational areas;
(7)
A soils, geologic and groundwater report of the characteristics
of the area where the proposed site or facility will be located;
(8)
The location of significant historical and architectural sites;
and
D.
The Board of Supervisors, within 10 days of receipt of a completed
submission, shall forward one copy of the site plan to the Zoning
Officer, one copy to the Township Engineer, and one copy to the Director
of Planning and Zoning for review by the Township Planning Commission.
Owners of real property situated within 300 feet of the proposed site
or facility shall be sent a notice of the Planning Commission's review
meeting not less than 10 days prior to the date fixed for review.
E.
The Zoning Officer shall, within 30 days of receipt of a completed
submission by the Township, review the plan and submission to determine
compliance with this chapter and submit a written recommendation to
the Board of Supervisors.
F.
The Planning Commission shall, within 30 days of receipt of a completed
submission by the Township, review the plan and submission to determine
compliance with this chapter and submit a written recommendation to
the Board of Supervisors.
G.
Failure of the Zoning Officer or the Planning Commission to submit
a written report in a timely fashion shall not prevent the Board of
Supervisors from hearing and deciding the request.
4.
Referral to the Planning Commission.
A.
The Board of Supervisors shall refer to the Township Planning Commission
all applications for conditional uses.
B.
In its review of the conditional use, the Township Planning Commission
shall determine compliance with the standards and criteria set forth
in this chapter.
C.
In all cases the Township Planning Commission shall report in writing
its findings and recommendations to the Board of Supervisors within
30 days of receipt of a completed submission by the Township.
D.
The Board of Supervisors and Planning Commission shall establish
mutually acceptable procedures to assure that the review is accomplished
in time to permit the Board of Supervisors to make its required decision.
5.
Decision Findings.
A.
The Board of Supervisors shall render a written decision or make
written findings (when no decision is called for) on the application
within 45 days after the last hearing before the Board of Supervisors.
Where the application is contested or denied, the decision shall be
accompanied by findings of fact and conclusions based thereon, together
with the reasons therefor. Any conclusion based on any provision of
Act 170,[4] as amended, or of this chapter, or of any other ordinance,
rule or regulation, shall contain a reference to the provision relied
on and the reasons why the conclusion is deemed appropriate in light
of the facts found.
[4]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
Where the Board of Supervisors fails to render the decision within the period required in Subsection A of this Subsection 5 or fails to commence, conduct, or complete the required hearing as provided in Section 908(1.2) of the Pennsylvania Municipalities Planning Code (MPC),[5] 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. When a decision has been
rendered in favor of the applicant because of the failure of the governing
body to meet or render a decision as hereinabove provided, the Board
of Supervisors shall give public notice of the decision within 10
days from the last day it could have met to render a decision in the
same manner as required by the public notice requirements of the MPC.
If the Board of Supervisors shall fail to provide such notice, the
applicant may do so.
[5]
Editor's Note: See 53 P.S. § 10908(1.2).
C.
A copy of the final decision or a copy of the finding (when no decision
is called for) shall be delivered to the applicant. The Board of Supervisors
shall provide (by mail or otherwise) a brief notice of the decision
or findings and the statement of the place where the full decision
findings may examined to all other persons who have filed their names
and addresses with the Board of Supervisors.
6.
Appeals. In general, all appeals for securing a review of this chapter
or any decision, determination, order of the Board of Supervisors,
its agencies or officers issued pursuant to this chapter shall be
in conformance with Article X-a of the Municipalities Planning Code
as amended.
[Ord. 9-94, 4/7/1994, § 119]
1.
Purpose. The special exception process is designed to allow careful
review of uses that have some potential of conflicts with adjacent
uses or areas.
2.
Special Exception Procedure.
A.
All applicants for a special exception use shall submit one set of
site plans for the proposed use to the Secretary to the Zoning Hearing
Board together with a written application. The Zoning Officer may
waive the site plan requirement for home occupations that are not
intense and other uses not involving new buildings nor additional
off-street parking. Photographs of the existing site or buildings
may also be requested to be presented by the applicant.
C.
A minimum of one copy shall be retained in the Township files.
D.
The Zoning Officer should, 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. The Board may request an advisory review
by the Planning Commission or the Township Engineer.
E.
The Board shall hear and decide such request for a special exception
use under the procedures of Part 1 and the Pennsylvania Municipalities
Planning Code. The Board shall schedule the first hearing within 60
days of submittal of a proper application, unless granted a written
extension by the applicant. The Board shall issue a decision within
45 days after the conclusion of the final hearing on the matter.
F.
The decision of the Board shall be in writing and shall be communicated
to the applicant or his or her representative in accordance with Part
1.
3.
Approval of Special Exception Uses. The Zoning Hearing Board shall
approve any proposed special exception use if it finds adequate evidence
that any proposed use will meet:
4.
Conditions. 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. 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.
[Ord. 9-94, 4/7/1994, § 120]
The following advisory guidelines are intended to assist applicants
and the Township in developing well-planned developments.
1.
Natural Features. Seek to minimize grading changes and removal of
mature trees. Seek to preserve the natural beauty of highly visible
areas. Seek to preserve land along creeks and steep hillsides.
2.
Circulation. Seek to separate pedestrian circulation from major routes
of vehicle traffic. Minimize the number of access points along major
roads. Avoid parking spaces backing into through traffic routes. Ensure
adequate capacity of driveways and drive-through lanes to avoid traffic
backing onto streets.
3.
Utilities. Seek to place as many utility lines as possible underground.
4.
Signs. Seek to minimize the lighting intensity of signs. Seek to
avoid signs with overly bright, less attractive colors. Consider use
of ground-mounted or wooden signs.
5.
Compatibility. Seek to locate noisier and less compatible uses (such
as loading docks) as far away from homes as possible. Seek to screen
out views of less attractive activities from streets and homes.
[Ord. 9-94, 4/7/1994, § 121]
1.
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, wetland delineation review, stormwater runoff, activity on
steep slopes or any other review or permit of this Chapter by an officer,
employee, consultant or agency of the Township shall constitute a
representation, guarantee 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 nor employee for any damage that may result pursuant thereto.
2.
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.
