[Ord. 125, 7/18/2007]
This chapter shall be known and be cited as the "Upper Nazareth
Township Zoning Ordinance of 2007."
[Ord. 125, 7/18/2007, § 101]
[Ord. 125, 7/18/2007, § 102]
1.
This chapter is hereby adopted:
A.
In accordance with the requirements and purposes (including §§ 604
and 605 or their successor section(s), which are included by reference)
of the Pennsylvania Municipalities Planning Code, 53 P.S. §§ 10604,
10605, as amended.
B.
In accordance with goals and objectives of the Nazareth Area Regional
Comprehensive Plan, which are hereby included by reference.
C.
To carry out the following major objectives:
(1)
To make sure that development carefully relates to natural features,
and to avoid overly intense development of environmentally sensitive
land.
(2)
To minimize disturbance of creek valleys and steep woodlands.
(3)
To avoid overextending groundwater supplies, and to encourage
groundwater recharge.
(4)
To protect the quality of groundwater and surface waters.
(5)
To promote traditional styles of development.
(6)
To promote compatibility between land uses.
(7)
To seek coordinated development and roads across municipal borders.
(8)
To provide for a variety of residential densities and meet legal
obligations to provide opportunities for all housing types.
(9)
To promote development that retains the rural character of the
Township.
(10)
To encourage rehabilitation and avoid demolition of historic
buildings.
(11)
To direct higher density development to areas that are physically
suitable, accessible by major roads and that have the potential of
central water and sewage services.
(12)
To coordinate development with future central water and sewage
service areas.
(13)
To direct industrial development to locations that will minimize
conflicts with homes.
(14)
To direct commercial businesses to existing commercial areas,
while avoiding new strip commercial areas that would cause traffic
congestion and safety problems and conflicts with homes.
(15)
To promote new business development in appropriate areas that
will provide additional tax revenue and job opportunities.
(16)
To promote public health, safety and general welfare.
[Ord. 125, 7/18/2007, § 103]
1.
Applicability.
A.
Any of the following activities or any other activity regulated by
this chapter shall only be carried out in conformity with this chapter.
B.
Zoning Permit. A zoning permit indicates that a zoning application
complies with this chapter to the best knowledge of the applicable
Township staff.
(1)
A zoning permit is required to be issued prior to the start
of any of the following activities:
(a)
Erection, construction, movement, placement, relocation or expansion
of a structure, building or sign.
(b)
Change of the type of use or expansion of the use of a structure
or area of land.
(c)
Creation of a new use.
(d)
Demolition of a building, or partial demolition of the exterior
of a building.
(f)
Excavation or grading in preparation for the construction of
a building or a change in use of a property.
(g)
Construction or installation of any animal waste impoundment,
lake, pond, dam or other water retention basin.
(2)
The Township may, at its option, issue combined or separate
building permits and zoning permits and/or may utilize single or separate
applications for the permits.
C.
Certificate of Occupancy.
(1)
It shall be unlawful to use and/or occupy any new principal
building or establish any new or replacement principal nonresidential
use until a certificate of occupancy for such building or use has
been issued by the Township staff. (Note-a certificate of occupancy
may also be required in additional situations under the construction
codes.)
(2)
The Zoning Officer may require that the issuance of the certificate
of occupancy be delayed if the Zoning Officer believes that the activity,
structure or use is not in compliance with this chapter and associated
zoning approvals, until such time as compliance is achieved.
(3)
The applicant shall keep a copy of the certificate of occupancy
available for inspection.
(4)
Upon the request of an applicant, the Zoning Officer may in
writing allow a temporary occupancy or activity to occur before all
zoning requirements have been met where the following conditions are
met:
(a)
The applicant shall prove to the Township that the activity
or occupancy can occur safely without endangering public health or
safety.
(b)
The temporary approval shall establish in writing a maximum
time period under which it is valid. A six-month maximum time period
shall apply if not otherwise specified.
(c)
Failure to receive a permanent certificate of occupancy within
such time period shall be a violation of this chapter.
(d)
The temporary approval may be conditioned upon compliance with
certain specific requirements within certain time periods.
2.
Repairs and Maintenance. Ordinary repairs and maintenance to existing
structures that do not involve an expansion or change of a use or
structure shall not by itself be regulated by this chapter. Examples
of such work include replacement of a roof or porch that does not
involve enclosure of space. (However, a construction permit under
any Township Building Code may be needed for such work.)
3.
Types of Uses.
A.
Permitted by Right Uses. 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.
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 in response to a written
approval by the Zoning Hearing Board following a hearing.
4.
Applications.
A.
Submittal. All applications for a zoning permit or a decision by
the Zoning Hearing Board shall be made in writing on a form provided
by the Township. Such completed application, with required fees, shall
be submitted to a designated Township staff-person.
B.
Site Plan. The applicant shall submit a minimum of two copies of
a site plan with the application if the application involves a new
building, expansion of a building or addition of three or more parking
spaces. The site plan shall be drawn to scale and show the following:
(1)
Locations, dimensions and uses of existing and proposed structures,
parking and loading areas, and locations of existing and proposed
uses of areas of land, with existing features clearly distinguished
from proposed features.
(2)
Notes showing the dimensions of all buildings from lot lines
and street rights-of-way.
(3)
Locations of any watercourses and any one-hundred-year floodplain.
(4)
Proposed lot areas, lot widths and other applicable dimensional
requirements.
(5)
Locations and widths of existing and proposed sidewalks.
(6)
A north arrow and scale.
C.
Additional Information. Any application under this chapter shall
include the following information, unless the Zoning Officer determines
such information is unnecessary to determine compliance with this
chapter:
(1)
The address of the lot.
(2)
Name and address of the applicant, and of the owner of the property
if different from the applicant.
(3)
If the applicant is not the landowner of record, information
shall be presented with the application, such as an agreement of sale
or lease, to demonstrate that the applicant has the legal right to
make the application.
(4)
A current deed for the property.
(5)
A description of the existing and proposed use(s) of the property,
with the proposed use described in sufficient detail for the Zoning
Officer to determine compliance with this chapter.
(6)
All other applicable information listed on the official Township
application form.
(7)
If the applicant is incorporated, the legal names and day telephone
numbers of officers of the organization/corporation.
(8)
Such additional information that the Zoning Officer may determine
is reasonably necessary to determine compliance with this chapter.
(9)
A listing of all conditional uses, special exception approvals
and/or variances which the applicant is requesting and/or a description
with a date of any such approvals that were previously granted for
this property that relate to this application.
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 to determine compliance with this chapter:
(1)
The present zoning district and major applicable lot requirements.
(2)
For a nonresidential use:
(a)
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.
(b)
A list of the maximum hours of operation.
(3)
The existing directions of stormwater flow (and any proposed
revisions), and any proposed methods of stormwater management.
(4)
A listing of any sections of this chapter being appealed, with
the reasons for any appeal.
(5)
Approximate locations of principal buildings and locations of
streets and alleys and zoning district boundaries within 100 feet
of the boundaries of the tract, and description of uses of adjoining
properties (such as "drugstore" or "single-family detached dwelling").
(6)
Heights, locations, methods of illumination and intensity of
exterior lighting and sign lighting.
(7)
Name and address of person who prepared the site plan.
(8)
Signed acknowledgment of the application by the applicant.
(9)
Such additional information required under applicable sections
of this chapter.
E.
Ownership. No person other than a landowner or their specifically
authorized agent or a tenant or lessee with written permission of
the landowner shall submit a zoning application (see definition of
"landowner" in Part 2).
5.
Issuance of Permits.
A.
At least one copy of each permit application and any other zoning
approval shall be retained in Township files.
B.
PennDOT Permit. Where necessary for access onto a state road, a Township
zoning or building permit shall be automatically conditioned upon
issuance of a PennDOT highway occupancy permit.
6.
Revocation of Permits; Appeal of Permit or Approval.
A.
Revocation. The Zoning Officer shall revoke, withhold or suspend
a permit or approval issued under the provisions of this chapter in
case of one or more of the following:
(1)
Any false statement or misrepresentation of fact in the application
or on the plans on which the permit or approval was based; (Note-the
Pennsylvania Crimes Code, Title 18 Pa.C.S.A., provides for penalties
for providing false information to a municipal employee in the carrying
out of his/her duties.)
(2)
Upon violation of any condition lawfully imposed by the Zoning
Hearing Board upon a special exception use or variance.
(3)
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.
(4)
For any other just cause set forth in this chapter.
B.
Appeals. A party with legitimate standing, or as otherwise provided
by state law, may appeal decisions under this chapter within the provisions
of the State Municipalities Planning Code, 53 P.S. § 10101
et seq. Any such appeal shall occur within the time period established
in the State Municipalities Planning Code (as of the adoption date
of this chapter, such provisions were in §§ 914.1 and
1002.A. 53 P.S. §§ 10914.1 11002.A).
7.
Zoning Permit for Temporary Uses and Structures.
A.
A zoning permit for a temporary use or structure may be issued by
the Zoning Officer for any of the following:
(1)
A temporary permit may be issued for customary, routine and
accessory short-term special events, provided that:
(a)
Only a well-established nonprofit organization or a permitted
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 commercial-type activities in a district where
a commercial use would not otherwise be permitted.
(b)
Such total events shall be limited to a maximum of 10 total
days per calendar year.
(c)
The applicant shall prove to the Zoning Officer that sufficient
parking and traffic control will be available for the special event,
without obstructing parking that is required to serve other uses on
the site.
(2)
A temporary permit may be issued for temporary storage and office
trailers that are necessary to serve on-site construction, while such
construction is actively underway under a valid Township permit.
(3)
In addition, Christmas tree sales shall be allowed by right
in all districts during the months of November and December.
B.
Time Period. The Zoning Officer shall state a reasonable maximum
time period on the temporary permit. If no time limit is stated, then
a seven-day maximum period shall apply. A temporary permit may be
renewed for just cause.
C.
Temporary Retail Sales. Except as provided for in Subsection 7A(1) above, and except for agricultural sales allowed by § 27-306, a lot shall only be used for temporary retail sales if all of the following conditions are met:
(1)
The property shall be located within a zoning district that
allows retail sales.
(2)
The operator shall have received any business permits required
by the Township.
(3)
No off-street parking spaces shall be obstructed that are required
to serve permanent uses on the lot.
(4)
Any signs visible from a public street shall comply with this
chapter.
(5)
If food or beverages are sold that are not pre-packaged, the
applicant shall prove compliance with state health regulations, including
having on-site facilities for workers to wash their hands. Proper
bathroom facilities shall also be available for workers.
(6)
Any structure shall meet applicable minimum setbacks.
(7)
A permit under this chapter shall be required from the Township,
which shall be displayed while the activity is open for business.
(8)
The application may be rejected if the Zoning Officer has reason
to believe that the activity would obstruct safe sight distances.
(9)
Applicable state highway occupancy permit requirements shall
be met.
(10)
A plan shall be submitted showing the location of the use on
the site.
8.
Compliance with Township Subdivision and Land Development Ordinance
[Chapter 22]. If a application under this chapter would also be regulated
by the Township Subdivision and Land Development Ordinance ("SALDO")
[Chapter 22], then any permit or approval under this chapter shall
automatically be conditioned upon compliance with the SALDO [Chapter
22]. See the definitions of "land development" and "subdivision" in
the SALDO [Chapter 22].
A.
For example, if an applicant applies for a single-family detached
dwelling on a proposed new lot, the construction permit for such dwelling
shall not be valid until after the lot is granted final subdivision
approval and the lot is officially recorded by the County Recorder
of Deeds.
[Ord. 125, 7/18/2007, § 104]
1.
After receiving a proper application, the Zoning Officer shall either:
(A) issue the applicable permit(s), or (B) deny the application(s)
as submitted, indicating one or more reasons.
2.
After the permit under this chapter has been issued, the applicant
may undertake the action specified by the permit, in compliance with
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. 125, 7/18/2007, § 105]
1.
Minimum Requirements. 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, as a conditional use, or as a special exception use by this
chapter within any zoning district, the use is prohibited, except
that the Board of Supervisors may permit such use as a conditional
use if the applicant specifically proves to the clear satisfaction
of the Board of Supervisors that all of the following conditions would
be met:
3.
Interpretation of Chapter Text and Boundaries.
A.
The Zoning Officer shall literally apply the wording of this chapter
and the location of all district boundaries to particular applications.
In any case, the Zoning Officer may also request an advisory opinion
from the Township Solicitor to aid in the Zoning Officer's determination.
[Ord. 125, 7/18/2007, § 106; as amended by A.O.]
1.
All of the enforcement, violations and penalty provisions of the
State Municipalities Planning Code, 53 P.S. § 10101 et seq.,
as amended, are hereby incorporated into this chapter by reference.
(Note-as of the adoption date of this chapter, these provisions were
primarily in §§ 616.1, 617 and 617.2 of such Act, 53
P.S. §§ 10616.1, 10617, 10617.2.)
A.
Violations. Any person who shall commit or who shall permit any of
the following actions violates this chapter:
(1)
Failure to secure a zoning permit prior to any of the following:
a change in use of land or structure, or the erection, construction
or alteration of any structure or portion thereof, or the placement
of a sign, or a change in the area of a use or the land coverage or
setback of a use, or the excavation or grading of land to prepare
for the erection, construction or alteration of any structure or portion
thereof.
(2)
Placement of false statements on or omitting relevant information
from an application for a zoning permit.
(3)
Undertaking any action in a manner which does not comply with
a zoning permit.
(4)
Violation of any condition imposed by a decision of the Zoning
Hearing Board in granting a variance or special exception or other
approval.
(5)
Violation of any condition imposed by a decision of the Board
of Supervisors in granting a conditional use or other approval.
(6)
Violation of any condition imposed by a decision of a court
of competent jurisdiction, where such court has granted zoning approval
with conditions.
B.
Enforcement Notice. If the Township has reason to believe that a
violation of a provision of this chapter has occurred, the Township
shall initiate enforcement proceedings by sending an enforcement notice
as provided in § 616.1 of the State Municipalities Planning
Code, 53 P.S. § 10616.1. Prior to sending an official enforcement
notice, the Zoning Officer may at his/her option informally request
compliance.
C.
Time Limits. An official enforcement notice shall state the deadline
to complete bringing the property into compliance with this chapter,
and shall state that the applicant has 30 days from the receipt of
the notice to appeal to the Zoning Hearing Board.
D.
Enforcement, Penalties and Remedies. The causes of action and enforcement
remedies provisions of the State Municipalities Planning Code, as
amended, are hereby incorporated by reference. (Note-as of the adoption
date of this chapter, such provisions were primarily in §§ 617
and 617.2 of such law, 53 P.S. §§ 10617, 10617.2.)
(1)
Violations and Penalties. Any person, partnership, corporation
or other entity who has violated or permitted the violation of the
provisions of this chapter shall, upon being found liable therefor
in a civil enforcement proceeding commenced by the Township, pay a
judgment of not more than $500 plus all court costs, including the
reasonable attorney's fees incurred by the Township as a result
thereof. No judgment shall commence or be imposed, levied or be 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. Each day that a violation continues shall
constitute a separate violation, unless a magisterial district judge
determining that there has been a violation further determines that
there was a good faith basis for the person violating this chapter
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
5th 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. All judgments, costs
and reasonable attorney's fees collected for the violation of
this chapter shall be paid over to the Township for the general use
of the Township. Imprisonment is not authorized under this chapter.
(2)
Remedies. In case any building, structure, sign or landscaping
is erected, constructed, reconstructed, altered, repaired, converted,
maintained or used or any land is used or activity conducted in violation
of this chapter or any of the permits issued under this chapter or
any conditions imposed upon the grant of a special exception or variance
by the Zoning Hearing Board or upon the grant of a conditional use,
then, in addition to any other remedies provided by law, the Board
of Supervisors may institute any appropriate action or proceeding
to prevent, restrain, correct or abate such building, structure, landscaping,
use or activity or to prevent, in and about such premises, any act,
conduct, business or use constituting a violation.
E.
Enforcement Evidence. In any appeal of an enforcement notice to the
Zoning Hearing Board, the Township shall have the responsibility of
presenting its evidence first.
[Ord. 125, 7/18/2007, § 107]
A Township fee schedule for permits and applications may be
established and amended by written resolution of the Board of Supervisors.
No application or appeal shall be considered filed until all fees
are paid.
[Ord. 125, 7/18/2007, § 108; as amended by Res.
13-7, 4/17/2013]
1.
Within the requirements of the State Municipalities Planning Code,
53 P.S. § 10101 et seq., the Board of Supervisors may amend,
or repeal any or all portions of this chapter on (A) its own motion,
or (B) after agreeing to hear a written request of any person, entity,
landowner or the Planning Commission.
2.
The following shall be submitted by an applicant for amendment to
this chapter and/or Zoning Map, subject to supplement as requested
by the Board of Supervisors, as it from time to time shall deem necessary:
A.
Statement of specific Zoning Ordinance amendment, including specific
proposed Zoning Ordinance language, citing section and subsection.
B.
In the case of a Zoning Map amendment, a map showing the proposed
boundaries of any proposed map changes, metes and bounds description,
existing and adjacent zoning and adjacent land uses, copies of deeds
and tax parcel numbers of properties subject to requested Zoning Map
change.
C.
A statement of why the change would be in the best interests of the
Township.
D.
A statement of how the proposal would relate to the Township Comprehensive
Plan with specific reference to the Nazareth Area Multi-Municipal
Comprehensive Plan detailing the provisions of the Comprehensive Plan
applicable to the subject change or Zoning Map amendment.
E.
A statement addressing any adverse effects on adjacent land uses.
F.
A statement addressing any major traffic access or congestion concerns.
It is noted that pursuant to this section of this chapter, the Planning
Commission or the Board of Supervisors may require an applicant to
fund a traffic impact study.
G.
A statement explaining proposed extensions and major improvements
needed of public water and sewer systems to serve the land area.
H.
A sketch plan in compliance with the Township Subdivision and Land
Development Ordinance [Chapter 22] reflecting the applicant's
proposed land development and/or subdivision reflecting proposed land
uses in the case of a Zoning Ordinance or Zoning Map amendment.
I.
Applicant shall schedule a pre-submission conference with the Township
Manager to review the application and supporting documentation.
J.
Applicant shall pay the designated filing fee per the Township Fee
Schedule.
[Ord. 125, 7/18/2007, § 109]
The applicable provisions of the State Municipalities Planning
Code, 53 P.S. § 10101 et seq., shall apply. (Note-as of
the adoption date of this chapter, these provisions were primarily
in §§ 609.1, 609.2 and 916.1 of such Act, 53 P.S. §§ 10609.1,
10609.2, 10916.1.)
[Ord. 125, 7/18/2007, § 110]
1.
Appointment. The Zoning Officer(s) shall be appointed by the Board
of Supervisors. The Board of Supervisors may designate other Township
staff persons to serve as Assistant Zoning Officer(s). Assistant Zoning
Officers may serve with the same authority and duties as the Zoning
Officer. The Zoning Officer shall not hold any elective office within
the Township, but may hold other appointed offices.
2.
Duties and Powers. The Zoning Officer's duties and powers shall
include the following:
A.
Administer this chapter in accordance with its literal terms, including
to receive and examine all applications required under the terms of
this chapter, and issue or refuse permits within the provisions of
this chapter.
B.
Conduct inspections to determine compliance, and receive complaints
of violation of this chapter.
C.
Keep records of applications, permits, certificates, written decisions,
and variances granted by the Zoning Hearing Board, and of enforcement
orders, with all such records being the property of the Township and
being available for public inspection.
D.
Review proposed subdivisions and land developments for compliance
with this chapter.
E.
Take enforcement actions as provided by the State Municipalities
Planning Code, 53 P.S. § 10101 et seq., as amended.
F.
Maintain available records concerning nonconformities, provided that
the Township is not required to document every nonconformity.
G.
Serve such other functions as are provided in this chapter.
[Ord. 125, 7/18/2007, § 111]
1.
Membership of Board. The Zoning Hearing Board shall consist of three
residents of the Township appointed by the Board of Supervisors. The
existing terms of office shall continue, with terms of office being
three years, and with the terms being so fixed that the term of office
of one member shall expire each year. Members of the Board shall hold
no other office in the Township.
A.
Alternate Members. The Board of Supervisors may appoint alternate
members of the Zoning Hearing Board within the applicable provisions
of the State Municipalities Planning Code, 53 P.S. § 10101
et seq. (Note-as of the adoption date of this chapter, such provisions
were in § 903(b) of such Act, 53 P.S. § 10903(b).)
B.
Expenditures. Within the maximum amount of funds appropriated by
the Board of Supervisors, the Zoning Hearing Board may employ or contract
for secretaries, legal counsel, and other technical and clerical services.
Members and alternate members may receive compensation, within limits
established by the Board of Supervisors, for the performance of their
duties.
2.
Vacancies. Appointments to fill vacancies shall be only for the unexpired
portion of a term.
3.
Organization. The applicable provisions of the State Municipalities
Planning Code, 53 P.S. § 10101 et seq., as amended, shall
apply. (As of the adoption date of this chapter, these provisions
were in § 906(a), (b) and (c) of such Act, 53 P.S. § 10906(a),
(b), (c).)
4.
Zoning Hearing Board Jurisdiction and Functions. The Zoning Hearing
Board shall be responsible for the following:
A.
Appeal of a Decision by the Zoning Officer.
B.
Challenge to the Validity of the Chapter or Map. The applicable provisions
of the State Municipalities Planning Code, 53 P.S. § 10101
et seq., as amended, shall apply. (Note-as of the adoption date of
this chapter, these provisions were primarily in §§ 909.1
and 916 of such Act, 53 P.S. §§ 10909.1, 10916.)
C.
Variance.
(1)
The Board shall hear requests for variances filed with the Township
staff in writing.
(2)
Standards. The Board may grant a variance only within the limitations
of state law. (Note-as of the adoption date of this chapter, the Municipalities
Planning Code, 53 P.S. § 10101 et seq., 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.
D.
Special Exception.
(1)
The Board shall hear and decide requests for all special exceptions filed with the Township staff in writing. The Board shall only permit a special exception that is authorized by this chapter. See § 27-117.
(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.
E.
Persons With Disabilities. After the Zoning Officer receives a complete
written application, the Zoning Hearing Board shall grant a special
exception allowing modifications to specific requirements of this
chapter that the applicant proves to the satisfaction of the Zoning
Hearing Board are required under applicable federal law to provide
a "reasonable accommodation" to serve persons who the applicant proves
have "disabilities" as defined in and protected by such laws.
(1)
Such reasonable accommodations shall be requested in accordance
with the U.S. Fair Housing Act Amendments and/or the Americans with
Disabilities Act, 42 U.S.C.A. § 12101 et seq., as amended.
(2)
If the applicant is requesting a reasonable accommodation under
the United States Fair Housing Amendments Act of 1988, or the Americans
with Disabilities Act, 42 U.S.C.A. § 12101 et seq., the
applicant shall identify the disability which is protected by such
statutes, the extent of the modification of the provisions of this
chapter necessary for a reasonable accommodation, and the manner by
which the reasonable accommodation requested may be removed when such
person(s) with a protected disability no longer will be present on
the property.
(3)
Any modification approved under this section may be limited
to the time period during which the persons with disabilities occupy
or utilize the premises.
F.
The Zoning Hearing Board shall also hear any other matters as set forth in the State Municipalities Planning Code, 53 P.S. § 10101 et seq., as amended. (Note-as of the adoption date of this chapter, such provisions were primarily within § 909.1 of such law, 53 P.S. § 10909.1.) The Zoning Hearing Board also may hear appeals of other matters if authorized under a separate Township ordinance. (Note-as of the adoption date of this chapter, the Zoning Hearing Board also heard appeals of the Property Maintenance Code [Chapter 5, Part 2]).
5.
Time Limits for Appeals. The applicable provisions of the State Municipalities
Planning Code, 53 P.S. § 10101 et seq., as amended, shall
apply. (Note-as of the adoption date of this chapter, these provisions
were in § 914.1 of such Act, 53 P.S. 10914.1.)
6.
Stay of Proceedings. The stay of proceedings provisions of the State
Municipalities Planning Code, 53 P.S. § 10101 et seq., as
amended, shall apply. (Note-as of the adoption date of this chapter,
such provisions were in § 915.1 of such Act, 53 P.S. § 10915.1.)
7.
Time Limits on Permits and Approvals.
A.
After a variance is approved or other zoning approval (such as special
exception or conditional use approval) is officially authorized, then
any applicable zoning and building permits shall be secured by the
applicant within 12 months after the date of such approval or authorization.
The work authorized by zoning permits shall then be completed within
12 months after the issuance of the permits.
(1)
However, if a variance is approved to address a violation of
this chapter, then the permit shall be acquired and the work completed
within six months after the variance is approved, with no further
time extension.
B.
Extension. In response to an applicant stating good cause in writing,
the Zoning Officer may extend in writing the time limit for completion
of work to a maximum total of 24 months after permits are issued.
C.
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 12 months, the Zoning Officer shall conclusively
presume that the applicant has waived, withdrawn or abandoned approvals,
variances and permits under this chapter and all such approvals, variances
and permits shall be deemed automatically rescinded by the Township.
8.
Multiple Applications. No more than one application for the same
property shall be pending before the Zoning Hearing Board for special
exception approval at any time.
[Ord. 125, 7/18/2007, § 112]
1.
The following requirements shall apply to procedures, hearings and
decisions of the Zoning Hearing Board.
A.
Notice of Hearings. Notice of all hearings of the Board shall be
given as follows:
(1)
Ad. Public notice shall be published, as defined by § 107
of the State Municipalities Planning Code, 53 P.S. § 10107.
The notice shall state the time and place of the hearing and the particular
nature of the matter to be considered.
(2)
Posting. Notice of such hearing shall be conspicuously posted
on the affected tract of land at least one week prior to the hearing.
The Township staff shall post the property. It is the responsibility
of the applicant to make sure that such notice remains posted until
the hearing.
(3)
Persons Given Notice. The Township shall provide written notice
to the applicant of the time and place of the hearing. The Township
should also provide notice to the Chairpersons of the Board of Supervisors
and Planning Commission. The Township should also provide notice to
the last known primary owners of record of property that is within
a 200 feet radius of the subject site. 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 to the last known address.
B.
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.
C.
Decision/Findings.
(1)
The Board shall render a written decision 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)
References shall be provided to the most pertinent section(s)
of this chapter and/or the State Municipalities Planning Code, 53
P.S. § 10101 et seq.
D.
Notice of Decision. A copy of the final decision shall be delivered
or mailed to the applicant or his/her representative at their last
known address not later than the time limit established by the State
Municipalities Planning Code, 53 P.S. § 10101 et seq., as
amended. (Note-as of the adoption date of this chapter, such provisions
were within §§ 908(9) and 908(10) of such Act, including
provisions regarding notice to other parties, 53 P.S. §§ 10908(9),
10908(10).)
E.
See also § 908 of the PA Municipalities Planning Code,
53 P.S. § 10908.
[Ord. 125, 7/18/2007, § 113]
The provisions for appeals to court that are stated in the State
Municipalities Planning Code, 53 P.S. § 10101 et seq., as
amended, shall apply. (Note-as of the adoption date of this chapter,
these provisions were in §§ 1001-A, 1002-A, 1003-A,
1004-A, 1005-A and 1006-A of such Act, 53 P.S. §§ 11001-A,
11002-A, 11003-A, 11004-A, 11005-A, 11006-A.)
[Ord. 125, 7/18/2007, § 114]
See the provisions of the State Municipalities Planning Code,
as amended. (Note-as of the adoption date of this chapter, such provisions
were within § 619 of such Act.)
[Ord. 125, 7/18/2007, § 115]
This chapter shall not apply to uses or structures owned by
the Township or by a municipal authority created solely by the Township
for uses and structures that are intended for a public utility, stormwater,
public works, recycling, municipal administrative, public recreation
or public health and safety purpose.
[Ord. 125, 7/18/2007, § 116]
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.
B.
The Zoning Officer should provide a review to the Zoning Hearing
Board regarding the compliance of the application with this chapter.
D.
The Township staff should offer a special exception application to
the Township Planning Commission for any advisory review that the
Commission may wish to provide. However, the Zoning Hearing Board
shall meet the time limits of state law for a decision, regardless
of whether the Township Planning Commission has provided comments.
E.
Time Limits. See § 908 of the State Municipalities Planning
Code.
3.
Consideration of Special Exception Applications. When special exceptions
are allowed by this chapter, the Zoning Hearing Board shall hear and
decide requests for such special exceptions in accordance with standards
established by this chapter, including the following:
A.
Compliance with this chapter. The applicant shall establish by credible
evidence that the application complies with all applicable requirements
of this chapter. The applicant shall provide the Board with sufficient
plans, studies or other data to demonstrate this compliance.
B.
Compliance with Other Laws. The approval may be conditioned upon
the applicant later showing proof of compliance with other specific
applicable Township, state and federal laws, regulations and permits.
Required permits or other proof of compliance may be required to be
presented to the Township prior to the issuance of any zoning permit,
building permit, certification of occupancy and/or recording of an
approved plan.
C.
Traffic. The applicant shall establish that the traffic from the
proposed use will be accommodated in a safe and efficient manner that
will minimize hazards and congestion, after considering any improvements
proposed to be made by the applicant as a condition on approval.
D.
Site Planning. The application shall include proper site layout,
internal circulation, parking, buffering, and all other elements of
proper design as specified in this chapter.
E.
Neighborhood. The proposed use shall not substantially change the
character of any surrounding residential neighborhood, after considering
any proposed conditions upon approval such as limits upon hours of
operation.
F.
Safety. The proposed use shall not create a significant hazard to
the public health and safety, such as fire, toxic or explosive hazards.
G.
Natural Features. The proposed use shall be suitable for the site,
considering the disturbance of steep slopes, mature woodland, wetlands,
floodplains, springs and other important natural features.
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 are necessary to implement the purposes
of this chapter. Conditions imposed by the Zoning Hearing Board shall
automatically become conditions of the building permit issued pursuant
thereto, and any failure to comply with said conditions shall be a
violation of this chapter.
[Ord. 125, 7/18/2007, § 117]
1.
Purpose. The conditional use approval process is designed to allow
the Board of Supervisors to review and approve certain uses that could
have significant impacts upon the community and the environment.
2.
Procedure. The Board of Supervisors shall consider the conditional
use application and render its decision in accordance with the requirements
of the State Municipalities Planning Code.
A.
Submittal. A site plan shall be submitted, which shall contain the information listed in § 27-104, Subsection 4. Detailed site engineering (such as stormwater calculations and profiles) are not required at the conditional use stage. If a fully engineered subdivision or land development plan will be required, it may be submitted separately, such as after a conditional use is approved. Or, an applicant may voluntarily choose to submit a subdivision or land development plan for review at the same time as a conditional use application.
B.
Reviews.
(1)
The Zoning Officer should provide a review to the Board regarding
the compliance of the application with this chapter.
(2)
The Township staff shall submit a conditional use application
to the Planning Commission for any review that the Commission may
wish to provide. However, the Board of Supervisors shall meet the
time limits for a decision, regardless of whether the Planning Commission
has provided comments.
(3)
The only uses that shall be approved as conditional uses shall
be those listed as conditional uses in Part 3.
(4)
Time Limit. See § 913.2 of the State Municipalities
Planning Code.
3.
Consideration of Conditional Use Application. The Board of Supervisors shall determine whether the proposed conditional use would meet the applicable requirements of this chapter. The same standards shall apply to a conditional use as are listed in § 27-117, Subsection 3, for a special exception use.
4.
Conditions. In approving conditional use applications, the Board
of Supervisors may attach conditions they consider necessary to protect
the public welfare and meet the standards of this chapter. These conditions
shall be enforceable by the Zoning Officer and failure to comply with
such conditions shall constitute a violation of this chapter and be
subject to the penalties described in this chapter.
[Ord. 125, 7/18/2007, § 118]
1.
Any review of activity within the floodplain, site plan review, subdivision
or land development approval, erosion control review, wetland delineation
review, stormwater runoff review, review of activity on steep slopes,
or any other review, approval or permit under this chapter by an officer,
employee, board, commission, solicitor, consultant or agency of the
Township shall not constitute a representation, guarantee or warranty
of any kind by the Township, or its employees, officials, boards,
solicitor(s), 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 entity or person 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.
[Ord. 125, 7/18/2007, § 119]
1.
Prior to the issuance of a building permit or commencement of use
for a nonresidential principal structure or addition of a nonresidential
principal use, the applicant shall submit to the Zoning Officer for
review and approval four copies of a final plot, grading and erosion
and sedimentation control plan drawn at a scale of one inch equals
20 feet. The plan shall contain the information listed below along
with any other appropriate data.
A.
A grading plan to divert surface runoff away from principal buildings,
driveways, walkways and on-lot sewage disposal systems without directing
increased runoff onto sensitive neighboring parcels. In the case where
basic grading provisions have been defined during site plan or subdivision
plan approval, the lot specific grading plan shall conform to said
basic grading provisions insofar as practicable.
B.
A required plot/grading plan shall include the following information,
unless the Zoning Officer determines in advance that such information
is not relevant:
(1)
All lot lines defined by bearings and distances or curve data.
(2)
Existing and proposed contour elevation lines at maximum intervals
of two feet.
(3)
Spot elevations for the first floor level of any structure,
adjacent to any door, window opening to grade or Bilco-style basement
door, primary and secondary on-lot sewage disposal systems, finished
street elevations at point of entry. Finish drive elevations at point
of intersection of center lines, intersection with gutters and a maximum
of 50 feet intervals (and any other area as deemed necessary by the
Township Engineer).
(4)
Benchmark.
(5)
North reference, easements and rights-of-way within or adjacent
to the subject property.
(6)
Location, size and elevations of all existing or proposed storm
drainage structures or swales within or adjacent to the subject property.
(7)
Lot numbers of all adjoining lots and names of adjoining street(s).
(8)
Locations of all percolation test holes, soil probes and wells,
and the location and dimension of primary and secondary on-lot sewage
disposal systems with isolation distances.
(9)
The exact location and dimensions of any proposed structure,
appurtenant structure, road or driveway, with tie-in dimensions to
property lines.
(10)
Building footprint with all wall dimensions necessary to lay
out the shape of the building. Street cartway and right-of-way lines
shall be shown and dimensioned. For corner lots, a dimension shall
be given from the center line of the proposed driveway to the center
line of the parallel street and the clear sight triangle easement
shall be shown.
(11)
Location, size and detailed calculations of dry wells, leach
areas or other stormwater control measures.
(12)
Erosion and sedimentation control measures and sequence of operations.
(13)
Engineer's or surveyor's seal.
(14)
Any type of basement pump or foundation drainage system shall
be noted on the plan. Any such system shall be designed to drain in
a way that avoids erosion of shoulders of roads, prevents increased
drainage onto public roads and avoids drainage problems for neighboring
properties. Four copies of any calculations, designs and methods for
handling any such discharged water shall be submitted with the plot
and lot grading plan.
C.
Any application for an accessory structure or use shall include the
applicable information on Township application forms, unless determined
by the Zoning Officer to be unnecessary to determine compliance with
this chapter.
D.
In addition to the information listed 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, traffic (including description of any traffic by
large trucks), 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 100 feet of a dwelling,
a description of hours of operation.
(4)
A listing of any sections of this chapter being appealed, with
the reasons for any appeal.
E.
The Zoning Officer may delay the issuance of a permit under this
chapter if he/she has reason to believe that such a use would violate
another Township, state or federal law or regulation until such compliance
is proven by the applicant.
F.
No person other than a landowner or their agent (with specific written
authorization) or a tenant or lessee with written permission of the
landowner shall submit a zoning application.
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, the County Conservation District, utilities or Township
Engineer) for review and comment, with costs of such review being
paid by the applicant.
