Township of Plainfield, PA ADMINISTRATION

Permitted Use. A zoning permit for a permitted use may be issued by the Zoning Officer.

Special Exception, Variance. A zoning permit for a use requiring a special exception shall be issued by the Zoning Officer only upon the written order of the Zoning Hearing Board after a hearing following a review by the Planning Commission. A zoning permit for a use requiring a variance shall be issued by the Zoning Officer only upon the written order of the Zoning Hearing Board after a hearing. An application for a special exception, variance, or for interpretation of any part or provision of this Section shall be made to the Zoning Hearing Board on forms which may be obtained from the Township Office.

Application.

All applications for a zoning permit shall be in writing on a form available at the Township Office, or available to be downloaded on the Township online website and shall be submitted to the Township Office, to the attention of the Zoning Officer, along with all required fees, as applicable.

All applications for a zoning permit shall include a plot plan drawn to scale showing the location and dimensions of the lot area and of the proposed uses of buildings and/or land. The Zoning Officer or the Zoning Hearing Board may require any additional information which they deem necessary to properly evaluate the application for the purpose of determining its conformity with the Zoning Ordinance.

Prior to the issuance of any zoning permit, the Zoning Officer shall review the application for such permit to determine if all other necessary governmental permits (such as those required by State and Federal laws such as but not limited to Act 537, the Pennsylvania Sewage Facilities Act,[1] the Water Obstruction Act of 1913, the Uniform Construction Code, the Clean Streams Law[2] and the Federal Water Pollution Control Act Amendments of 1972, § 404, 33, U.S.C. 1334) have been obtained. No permit shall be issued until the applicant has provided written evidence to the satisfaction of the Zoning Officer that all other required permits from all governmental agencies (either of the Commonwealth of Pennsylvania or federal) have been obtained.

[1]

Editor’s Note: See 35 P.S. § 750.1 et seq.

[2]

Editor’s Note: See 35 P.S. § 691.1 et seq.

Where the Zoning Officer, Township Engineer and/or Township Manager determine that there may be wetlands, streams, riparian buffers, ponds, lakes and/or vernal pools/ponds on a proposed development site, the Zoning Officer may suspend, withdraw or delay Township zoning permits until the applicant provides evidence from a qualified professional that such feature(s) do not exist or that such action will comply with all applicable federal and state permit requirements.

The Zoning Officer may submit a copy of any plan and application to any appropriate agencies and/or individuals (such as but not limited to the Northampton County Conservation District, Planning Commission, Township Engineer, Wetlands Consultant, Sewage Enforcement Officer, etc.) for review and comment. The applicant shall be responsible for paying any costs associated with the review of the plan. Said fees shall be approved via an annual fee schedule to be approved by the Plainfield Township Board of Supervisors by resolution.

Issuance.

The Zoning Officer shall issue or refuse a properly completed application for a zoning permit within 30 days after the date such application was made, except as specifically provided for in this Section and provided that nothing contained in this Section shall be construed to require or empower the Zoning Officer to grant a permit approving construction on or use of land which has been subdivided into lots pursuant to a plan of subdivision, the plan of which has not been approved by the Township Board of Supervisors and duly recorded as required by law. The Zoning Officer may refuse to review any incomplete application or application for which the required fees were not tendered.

A zoning permit shall be issued in at least triplicate.

One copy shall be kept conspicuously on the premises. No person shall perform building operations of any kind unless a zoning permit is displayed as required by this Section.

After the issuance of a zoning permit 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 approval of the Zoning Officer.

Expiration.

Each permit or approval issued shall expire after 24 months if no work is undertaken or such use or activity is not established, unless a different time of issuance of the license or permit is allowed in this Section, or unless an extension is granted by the Township prior to expiration.

Cancellation or Revocation of Permits.

The Zoning Officer shall revoke a permit or approval issued under the provisions of this Zoning Ordinance in case of:

Upon the discovery of any false statement or misrepresentation or fact in the application or on the plans on which the permit or approval is based; or

Upon the discovery of any violation of any condition lawfully imposed upon a special exception or conditional use; or

(c)

Upon the discovery of any work being performed or the use of land or structures in such a way that does not comply with this Section or an approved site plan or approved Zoning Permit application.

Certificate of Occupancy.

Scope. Prior to the use and occupancy of any new construction, or reoccupancy after abandonment of any land or building, or for a change in a principal use, a certificate of occupancy shall be secured from the Zoning Officer.

All applications for a certificate of occupancy shall be in writing on a form furnished by the Township.

Issuance.

Upon completion of the erection or alteration of any building or portion thereof authorized by a zoning permit and prior to occupancy and/or use, the holder of such permit shall notify the Zoning Officer of such completion. No permit shall be considered complete or permanently effective until the Zoning Officer and/or the Building Code Official as required has certified that the work has been inspected and approved as being in conformity with the provisions of this Section and other applicable ordinances and regulations, including but not limited to, the Uniform Construction Code, as amended. If the Zoning Officer and the Building Code Official are both satisfied that the property is in conformity with all applicable Township ordinances, and that the proposed use is consistent with the Zoning Ordinance, a certificate of occupancy shall be issued. All applications with accompanying plans and documents shall become and be preserved as a public record, subject to the disposition of the Board of Supervisors.

A certificate of occupancy shall be granted within five business days after the Zoning Officer and/or the Building Code Official have received or completed a final inspection report that indicates the property is in compliance with applicable Township ordinances and the Uniform Construction Code.

A copy of the certificate of occupancy shall be kept upon the premises, and shall be displayed upon request made by any officer of the Township.

The Zoning Officer, prior to the issuance of a certificate of occupancy, shall require where applicable that the applicant demonstrates that the applicant has obtained all required governmental permits, including but not limited to, all requirements listed under the Uniform Construction Code, and all other state and federal requirements.

Other Permits. The Township may require additional permits specified in other related ordinances and laws.

Certificate of Nonconforming Use or Structure.

The owner of the premises occupied by a lawful nonconforming use or structure shall secure a certificate of nonconforming use or structure from the Zoning Officer.

Such certificate shall be authorized by the Zoning Officer and shall certify to the owner their right to continue such nonconforming use or structure.

§ 27-803 Zoning Officer.

[Ord. 275, 2/9/2000, § 803; as amended by Ord. No. 386, 2/14/2018 ]

Appointment.

The Zoning Officer shall be appointed by the Board of Supervisors and shall not hold any elective office within the Township of Plainfield.

The Zoning Officer or staff shall continue to serve the Township until such time as the Board of Supervisors declares otherwise.

Duties and Powers.

The Zoning Officer shall:

Administer the Zoning Ordinance in accordance with its literal terms;

Identify and register nonconforming uses and nonconforming structures;

Receive and examine all applications required under the terms of this Section;

Issue or refuse zoning permits within 30 days of the receipt of the application, except as specifically provided for in this Section.

Receive complaints of violation of this Section;

(6)

Issue a written notice of violation to any person violating any provision of this Section;

(7)

Keep records of applications, permits, and certificates issue, of variances granted by the Zoning Hearing Board, of complaints received, of inspections made, of reports rendered, and of notice or orders issued;

(8)

Make all required inspections and perform all other duties as called for in this Section; and

(9)

Issue stop work orders to person(s) responsible for properties which are in violation of the Zoning Ordinance.

The Zoning Officer shall not have the power to permit any construction, use or change of use which does not conform to this Section.

Should the said Zoning Officer be in doubt as to the meaning or intent of any provision of this Section, or as to the location of any district boundary line on the Zoning Map, or as to the property of issuing a zoning permit or a certificate of occupancy in a particular case related to the provision of this Section, the applicant shall appeal the matter to the Zoning Hearing Board for interpretation and decision.

The Zoning Officer shall adopt rules of procedure, consistent with this Section, for the purpose of assuring efficient and uniform administration of its provisions.

§ 27-804 Zoning Hearing Board.

[Ord. 275, 2/9/2000, § 804; as amended by A.O.]

Appointment.

The Zoning Hearing Board shall consist of five residents of the Township appointed by the Board of Supervisors.

The Board of members shall serve terms of five years so fixed that the term of office of no more than two members shall expire each year.

Members of the Board shall hold no other office in the Township.

The Zoning Hearing Board shall also have two alternate Board members appointed by the Board of Supervisors. The alternate Board members shall only take part in the Zoning Hearing Board functions and activities when one or more of the five members appointed under Subsection 1A is unavailable.

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.

Removal.

Any Board member may be removed for just cause by a majority vote of the Board of Supervisors, if the member has received 15 days' notice of the intent to take such a vote.

The Board of Supervisors shall hold a hearing in connection with the vote, if the member so requests it in writing.

Organization.

The Board shall elect officers from its own membership, officers shall serve annual terms and may succeed themselves.

For the conduct of any hearing and taking of any action, a quorum shall not be less than a majority of all members of the Board. But where three members are disqualified to act in a particular matter, the remaining two members may act for the Board.

The Board may make, alter and rescind rules and forms for its procedure, consistent with applicable Township ordinances and laws of the commonwealth.

The fees for all proceedings, hearings and actions by the Board shall be paid by the applicant.

Zoning Hearing Board Functions. The Zoning Hearing Board shall be responsible for the following:

Appeal from the Zoning Officer.

The 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.

All appeals which allege that the Zoning Officer has made an error shall be filed directly with the Secretary of the Zoning Hearing Board within 30 days of the Zoning Officer's alleged error.

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 chapter on which the appeal is based.

Nothing contained herein shall be construed to deny the appellant the right to proceed directly in court, pursuant to Pennsylvania Rules of Civil Procedure, §§ 1091-1098 (relating to mandamus).

Challenge to the Validity of this Chapter or Map.

The Board shall hear challenges to the validity of this Chapter filed with the Board in writing by the landowner affected, any officer or agency of the Township, or any person aggrieved.

At the conclusion of the hearing, the Board shall decide all contestant questions and shall make findings on all relevant issues of fact which shall become part of the record on appeal to the court.

Variance.

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) which allege that the provisions of this Chapter inflict unnecessary hardship upon the applicant.

The Board may grant a variance only if the following findings, where relevant, are made:

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.

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.

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.

Special Exceptions.

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.

In granting a special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards, in addition to those expressed in the chapter, as it may deem necessary to implement the purposes and intent of this Chapter.

Unified Appeals.

Where the Board has jurisdiction over any zoning matter pursuant to Subsection 3, 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.

In such a case, the Board shall have no power to pass upon the nonzoning issues, but shall take evidence and make a record thereon as provided in § 27-805. At the conclusion of the hearing, the Board shall make findings on all relevant issues of fact which shall become part of the record on appeal to the court.

Hearings. The Board shall conduct hearings and make decisions in accordance with § 27-805.

Records and Reports. The Board shall keep full public records of its business and shall submit an annual report of its activities to the Board of Supervisors.

Court Appeals. Court appeals shall be in accordance with Act 247, as amended, the Municipalities Planning Code, 53 P.S. § 10101 et seq.

Applications to the Board.

All appeals from a decision of the Zoning Officer and applications to the Board shall be in writing on forms prescribed by the Board.

Every appeal or application shall include the following:

The name and address of the applicant, or appellant.

The name and address of the owner of the property to be affected by such proposed change or appeal.

A brief description and location of the property to be affected by such proposed change or appeal.

A statement of the present zoning classification of the property in question, the improvements thereon and the present use thereof.

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.

(6)

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. 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.

Time Limitations; Persons Aggrieved.

The time limitations for raising certain issues and filing certain proceedings with the Board shall be the following:

No person shall be allowed to file any proceedings with the 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, knowledge, or reason to believe that such approval had been given.

If such person has succeeded to his interest after such approval, he shall be bound by the knowledge of his predecessor in interest.

The failure of anyone other than the landowner to appeal from an adverse decision on a tentative or preliminary plan pursuant to § 709 of Act 247 (Pennsylvania Municipalities Planning Code, as amended) 53 P.S. § 10709, 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.

[Amended by Ord. No. 393, 9/11/2019]

Stay of Proceedings.

Upon filing of any proceeding referred to in Subsection 5 and during its pendency before the 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.

The development or official action shall not be stayed if the Zoning Officer or any other appropriate agency or body certifies to the Board facts indicating that such stay would cause imminent peril to life or property.

Notwithstanding Subsection 8B, a restraining order may be granted by the Board or by the court having jurisdiction of zoning appeals on petition after notice to the Zoning Officer or other appropriate agency or body.

Bond.

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 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 Board.

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.

§ 27-805 Hearings.

[Ord. 275, 2/9/2000, § 805]

The Board shall conduct hearings and make decisions in accordance with the following:

Notice of Hearings. Notice of all hearings of the Board shall be given as follows:

Notice to the public shall be published at least once each week for two successive weeks in a newspaper of general circulation in the Township.

The first publication shall be not more than 30 days and the second publication shall be not less than seven days from the date of the hearing.

The notice shall state the time and place of the hearing and the particular nature of the matter to be considered.

Notice of such hearing shall be conspicuously posted on the affected tract of land.

Notice shall be given to the applicant, the Zoning Officer, the Planning Commission, the Board of Supervisors, the property owners within 200 feet and any other person or group (including civic or community organizations) who has made a timely request for such notice, by personally delivering or by first mailing of a copy of the published notice to the last known address of the property owner.

Other Municipalities.

In any matter which relates to a property which lies within 500 feet of the boundary of another municipality, the Secretary of the Board shall transmit to the municipal Clerk of this other municipality a copy of the official notice of the public hearing on such matters, not later than one day after publication thereof.

The other municipality shall have the right to appear and to be heard at the public hearing.

The Board of Supervisors may establish by resolution reasonable fees, based on cost, to be paid by the applicant for any notice required by this Chapter and by persons requesting any notice not required by ordinance.

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 Board, and any other person including civic or community organizations permitted to appear by the Board.

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.

Oaths and Subpoenas. The Chairman or acting Chairman of the Board 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.

Representation by Counsel. The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on all relevant issues.

Evidence. Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded.

Record. A record of the hearing shall be made in accordance with Act 247, as amended, 53 P.S. § 10101 et seq.

Ex Parte Communications.

The Board 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.

The Board shall not take notice of any communication, reports, staff memoranda, or other materials unless the parties are afforded an opportunity to contest the material so noticed.

After the commencement of hearings, the Board shall not inspect the site or its surroundings with any party or his representative, unless all parties are given an opportunity to be present.

Referral to Planning Commission.

The Board shall refer to the Planning Commission:

All applications for special exceptions.

Any other application or appeal which in the opinion of the Board requires review by the Commission.

In its review of a special exception, the Commission shall determine compliance with the standards and criteria set forth in this Chapter, including but not limited to the site plan review requirements set forth in § 27-409, Subsection 3.

In all cases the Commission shall report in writing its findings and recommendations to the Board within 30 days of their receiving the request for review.

The Board and Commission shall establish mutually acceptable procedures to assure that the review is accomplished in time to permit the Board to make its required decision.

Decision, Findings and Notes. A decision or findings shall be rendered and notice of such decision or findings shall be provided in accordance with Act 247, as amended, 53 P.S. § 10101 et seq.

§ 27-806 Appeals.

[Ord. 275, 2/9/2000, § 806]

All appeals for securing review of this Chapter or any decision, determination, or order of the Board of Supervisors, its agencies or officers issued pursuant to this Chapter, shall be in conformance with Article X-A of Act 247, as amended, 53 P.S. § 11001-A et seq.

§ 27-807 Amendments.

[Ord. 275, 2/9/2000, § 807]

The Township may, on its own motion or by petition, amend, supplement, change, modify, or repeal this Chapter.

Before voting on the enactment of an amendment, the Board of Supervisors shall hold a public hearing thereon, pursuant to public notice.

In the case of an amendment other than that prepared by 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 submit recommendations.

County Planning Commission.

The Board of Supervisors or Planning Commission shall submit the proposed amendment to the County Planning Commission for recommendations at least 30 days prior to the hearing on such proposed amendment.

The recommendation of the County Planning Commission shall be made to the Supervisors within 45 days, and the proposed action shall not be taken until such recommendation is made or until after 45 days.

If, after any public hearing held upon an amendment, the proposed amendment is revised, or further revised, to include 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.

Each proposed amendment or change shall be accompanied by substantiated (yes or no answers are not acceptable) answers to the following questions:

Land Use.

Is the proposed land use compatible with adjacent land uses?

Is the proposed land use compatible with zoning regulations in adjoining municipalities if the proposed use is located on the Township's border?

Is the proposed land use one that is permitted in other appropriately zoned area(s) in the Township?

Does the proposed land use conform with the goals and recommendations in the Plainfield Township Comprehensive Plan?

Land Planning. Will the proposed land use site planning, landscaping and other land planning proposals enhance the visual and aesthetic character of the immediate neighborhood?

Contributing Influence.

How will the proposed land use affect the following trends in the Township (i.e., increased vacancy rates, seriously endanger the economic viability of business, traffic impact, low density to higher density use, water, sanitary sewer and utility service and capacities, etc.)?

Is there adjacent vacant land whose potential land use character would be significantly influenced by the proposed land use?

Existing and Anticipated Need. Would the proposed land use serve a real need that exists, or is expected to exist within one year?

Natural Environment. Can the proposed land use be sighted on the land with a minimum disruption to the natural environment?

Public Service. Are existing or imminent public services available to adequately serve the proposed land use?

Schools.

Utilities.

Recreation facilities.

Fire protection.

Police protection.

Streets.

Are the existing streets able to accommodate the increased traffic that the proposed land use will generate?

If not, are the existing streets programmed for widening and improvement by the federal, state or governing body, or are the streets proposed for widening and improvement by the developer to accommodate the increased traffic?

Citizen Opinion. What do the adjacent property owners think about the proposed land use?

§ 27-808 Curative Amendments.

[Ord. 275, 2/9/2000, § 808]

A landowner who desires to challenge on substantive grounds the validity of that 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 his challenge and proposed amendment be heard and decided as provided in Act 247, as amended, 53 P.S. § 10101 et seq.

The Board of Supervisors shall commence a hearing as provided by Act 247, as amended, 53 P.S. § 10101 et seq., unless the landowner requests a consent to an extension of time.

§ 27-809 Filing Fees and Costs.

[Ord. 275, 2/9/2000, § 809]

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 shall be considered filed until all fees are paid.

§ 27-810 Remedies and Penalties.

[Ord. 275, 2/9/2000, § 810]

Enforcement Remedies. If any building, structure, or land is, or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained or used in violation of this Chapter, the Board of Supervisors and/or the Zoning Officer may, in addition to other remedies, institute in the name of the Township any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure or land, or to prevent, in or about such premises, any act, conduct, business or use constituting a violation.

Enforcement Penalties.

If it appears to the Zoning Officer and/or the Board of Supervisors that a violation of any zoning ordinance enacted under this Chapter or prior enabling laws has occurred, the Zoning Officer and/or the Board of Supervisors shall initiate enforcement proceedings by sending an enforcement notice as provided in this Section.

The enforcement notice shall be sent to the owner of record of the parcel on which cited 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.

An enforcement notice shall state the following:

The name of the owner of record and any other person against whom the Zoning Officer and/or the Board of Supervisors intends to take action.

The location of the property in violation.

The specific violation with a description of the requirements which have not been met, citing each instance the applicable provisions of this Chapter.

The date before which cited steps for compliance must be commenced and the date before which the steps must be completed.