[Ord. No. 2019-10, 8/1/2019]
1.
All persons or entities desiring to undertake any new construction,
reconstruction, erection, expansion, extension, conversion, addition,
structural change or structural alteration, or site alteration, grading,
or changes in the use of, a structure, building, sign, or lots shall
apply to the Township Zoning Officer for a zoning permit by filling
out the appropriate application form and by paying the required fee.
No application shall be accepted or deemed complete by the Zoning
Officer until such time as all forms, materials, and plans are filed
and any and all fees completely paid.
2.
The Zoning Officer shall either issue the zoning permit, refuse the
permit, indicating in writing the reason therefor or defer his decision
until such time as the required approvals of the Board of Commissioners,
Zoning Hearing Board, or the recommendations of the Planning Commission
are received.
4.
Until a permit is issued, no construction, erection, expansion, extension,
addition, structural change or structural alteration, or site alteration,
grading, or changes in the use of, a structure, building, sign, or
lot shall be undertaken, and any such action which has occurred prior
to the issuance of the permit shall, if requested by the Zoning Officer,
be immediately removed at the applicant's sole cost.
5.
If a permit has been issued, the action proposed may be immediately
undertaken. It is, however, recommended that applicants wait 30 days
to begin construction to allow for expiration of the appeal period.
Any action taken by an applicant prior to expiration of such appeal
period shall be at applicant's sole risk, in the event issuance of
the permit is revoked on appeal.
6.
Upon completion of the proposed activity, the applicant may apply
to the Zoning Officer for an occupancy permit (where such a permit
is required).
7.
If the Zoning Officer finds that the action of the applicant is in
accordance with the zoning permit and any other required permits,
an occupancy permit shall be issued allowing the premises to be occupied.
[Ord. No. 2019-10, 8/1/2019]
1.
Zoning Permit.
A.
Scope.
(1)
No person shall construct, reconstruct, erect, expand, extend,
convert, add, structurally change or structurally alter, or change
the use of any structure, sign, or building, change or alter the use
of any land or structure, nor commence the grading of any lot until
the Zoning Officer issues a zoning permit to the person for said activity.
(2)
No zoning permit is required for normal maintenance repairs.
B.
Types of Uses.
(1)
A zoning permit for a permitted use may be issued by the Zoning
Officer.
(2)
A zoning permit 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.
(3)
A zoning permit for a conditional use shall be issued by the
Zoning Officer only upon the written order of the Board of Commissioners
following a review by the Planning Commission and a hearing by the
Board of Commissioners.
C.
Application.
(1)
All applications for a zoning permit shall be in writing on
a form provided by the Zoning Officer and shall be submitted to the
Zoning Officer together with all applicable fees.
(2)
Any application in which a structure is proposed to be located
within twice the required setback of a property line shall be submitted
with a plot plan bearing the seal of a registered surveyor.
(3)
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 shall be required by the Zoning Officer for any use which involves physical changes to the land. The Zoning Officer, the Zoning Hearing Board, or the Planning Commission may require any additional information deemed necessary to properly evaluate the application for the purpose of determining its conformity with this chapter. (See also the site plan review requirements of § 27-2402 of this chapter, if applicable.)
(4)
Prior to the issuance of any zoning permit, the Zoning Officer
shall review the application for such permit to determine if all other
governmental permits known by the Zoning Officer to be needed (such
as those required by the Pennsylvania Department of Labor and Industry
for fire safety of rental units, the Pennsylvania Sewage Facilities
Act or the Federal Water Pollution Control Act) have been obtained.
No permit shall be issued until this determination has been made.
The Township is not responsible for notifying the applicants of all
permits needed.
(5)
The Zoning Officer shall submit a copy of any plan and application
to any appropriate Township agencies and/or officials (e.g., Planning
Commission, Township Engineer, etc.) for review and comment.
D.
Issuance.
(1)
The Zoning Officer shall issue or refuse an application for
a zoning permit for a use permitted by right within 15 days after
the date such application was made except as specifically provided
for in this chapter, or if an extension is granted by the applicant.
(2)
A zoning permit shall be issued in at least triplicate.
(3)
One copy shall be conspicuously posted by the applicant on the
premises. No person shall perform building operations of any kind
unless a zoning permit is being displayed as required by this chapter.
(4)
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 consent or approval of the Zoning Officer.
E.
The Zoning Officer may revoke a permit or approval issued under the
provisions of this chapter in the case of any false statement or misrepresentation
of fact in the application or on the plans on which the permit or
approval was based or for any other cause set forth in this chapter.
F.
A temporary permit may be authorized by the Zoning Hearing Board
for a nonconforming structure or use which it deems necessary to promote
the proper development of the community, provided that such nonconforming
structure or use shall be completely removed upon expiration of the
permit without cost to the municipality. Such permits shall be issued
for a specified period of time not to exceed one year, and may be
renewed annually for an aggregate period not exceeding three years.
2.
Certificate of Use and Occupancy.
A.
It shall be unlawful to use and/or occupy any structure, building,
sign and/or land or portion thereof for which a permit is required
herein until a certificate of use and occupancy for such structure,
building, sign use and/or land or portion thereof has been issued
by the Zoning Officer. The application for issuance of a certificate
of use and occupancy shall be made at the same time an application
for a permit is filed with the Zoning Officer as required herein.
B.
The application for a certificate of use and occupancy shall be in
such form as the Zoning Officer may prescribe and may be made on the
same application as is required for a permit.
C.
The application shall set forth the intended use and/or occupancy
of any structure, building, sign and/or land or portion thereof for
which a permit is required herein.
D.
The Zoning Officer shall inspect any structure, building or sign
within 10 days upon notification that the proposed work that was listed
under the permit has been completed; and if satisfied that the work
is in conformity and compliance with the work listed in the issued
permit and all other pertinent laws, he shall issue a certificate
of use and occupancy for the intended use listed in the original application.
E.
The certificate of use and occupancy or a true copy thereof shall
be kept available for official inspection at all times.
F.
Upon request of a holder of a permit, the Zoning Officer may issue
a temporary certificate of use and occupancy for a structure, building,
sign and/or land, or portion thereof, before the entire work covered
by the permit shall have been completed, provided such portion or
portions may be used and/or occupied safely prior to full completion
of the work without endangering life or public welfare. The Zoning
Officer shall also issue a temporary certificate of use and occupancy
for such temporary uses as tents, use of land for religious or other
public or semipublic purposes and similar temporary uses and/or occupancies.
Such temporary certificates shall be for the period of time to be
determined by the Zoning Officer, however, in no case for a period
exceeding six months.
3.
Certificate of Nonconforming Use or Structure.
A.
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.
B.
Such certificate shall be authorized by the Zoning Officer and shall
certify to the owner his right to continue such nonconforming use
or structure, within the applicable limits of Township ordinances
and statutory and Pennsylvania case law.
[Ord. No. 2019-10, 8/1/2019]
1.
Appointment, Qualifications, Compensation and Liability.
A.
The Zoning Officer shall be appointed by the Board of Commissioners
and shall not hold any elective office within the Township.
B.
The Zoning Officer shall meet qualifications established by the Township
and shall be able to demonstrate to the Board of Commissioners, prior
to being appointed, a working knowledge of municipal zoning.
C.
The Board of Commissioners may designate agents or employees of the
Township as Deputy Zoning Officers, who may exercise any and all of
the powers of the Zoning Officer in the latter's absence or as directed
by the Zoning Officer.
D.
The compensation for the Zoning Officer and the Deputy Zoning Officer
shall be determined by the Board of Township Commissioners.
E.
The Zoning Officer, or any employee, or duly appointed agent charged
with the enforcement of this chapter, while acting in such capacity,
shall not be personally liable for any actions, effects, consequences
or results undertaken in furtherance of the provisions of this chapter.
Any suit instituted against the Zoning Officer, or agent, or any employee
because of an act performed by him in the lawful discharge of his
duties pursuant to this chapter in good faith and without malice shall
be defended by the legal representative of the Township and all costs
associated with such action or actions shall be borne by the Township.
2.
Duties and Powers.
A.
The Zoning Officer shall:
(1)
Administer this chapter in accordance with its literal terms
and shall not have the power to permit any construction or any use
or change of use which does not conform to this chapter and all other
applicable ordinances.
(2)
Receive, and examine, and refer as appropriate all applications
or appeals required or received under the terms of this chapter.
(3)
Issue or refuse permits within 15 days of the receipt of the
complete application and payment of all required fees, except as specifically
provided by this chapter.
(4)
Receive and investigate complaints of violations of this chapter.
(5)
Issue an enforcement notice to any person violating any provision
of this chapter and to institute civil enforcement proceedings as
a means of enforcing this chapter, as hereinafter set forth.
(6)
Keep records of applications, permits and certificates issued,
of variances, special exceptions or other approvals granted by the
Zoning Hearing Board, of complaints received, of inspections made,
of reports rendered, and of notice or orders issued; such records
shall be and are the property of the Township.
(7)
Make all required inspections and perform all other duties as
called for in this chapter.
(8)
Have the authority to enter, at any reasonable hour, any structure,
building, premises or land in the Township to enforce the provisions
of this chapter.
(9)
The Zoning Officer shall have the authority to grant one continuance
of a zoning appeal upon the request of an applicant provided the applicant
shall execute appropriate waivers of the time limitations of the Municipalities
Planning Code and provided the hearing can be continued at the reasonable
convenience of the Township; the applicant shall pay any costs of
readvertising, if readvertising is deemed to be required in the sole
discretion of the Zoning Officer; all other requests for continuances
shall be referred to the Zoning Hearing Board.
[Ord. No. 2019-10, 8/1/2019]
1.
Appointment.
[Amended by Ord. No. 2023-02, 3/16/2023]
A.
The Zoning Hearing Board shall consist of five residents of the Township
appointed by resolution of the Board of Commissioners.
B.
Zoning Hearing Board members shall serve terms of five years, so
fixed that the term of office of only one member shall expire each
year.
C.
Members of the Zoning Hearing Board shall hold no other office in
the Township and shall not be an employee of the Township.
3.
Removal.
A.
Any Zoning Hearing Board member may be removed for malfeasance, misfeasance,
or nonfeasance in office or for other just cause by a majority vote
of the Board of Commissioners, provided that the member received 15
days' notice of the intent to take such a vote.
B.
A hearing shall be held in connection with the vote, if the member
so requests it in writing.
4.
Organization.
[Amended by Ord. No. 2023-02, 3/16/2023]
A.
The Zoning Hearing Board shall elect officers from its own membership.
Officers shall serve annual terms and may succeed themselves.
B.
For the conduct of any hearing and taking of any action, a quorum
shall be not less than a majority of all the members of the Zoning
Hearing Board.
C.
The Zoning Hearing Board may make, alter and rescind rules and forms,
for its procedure, consistent with all applicable Township ordinances
and laws of the commonwealth, and shall keep full public records of
its business, which records shall be the property of the Township,
and submit a report of its activities to the Board of Commissioners
as it may request.
D.
The fees for all proceedings, hearings and actions by the Zoning
Hearing Board shall be paid by the applicant.
5.
Zoning Hearing Board Function. The Zoning Hearing Board shall be
responsible for the following:
A.
Appeal from the Zoning Officer.
(1)
The Zoning Hearing Board shall hear and decide appeals where
it is alleged by the appellant (the landowner affected, any office
or agency of the Township, or any person aggrieved) that the Zoning
Officer has:
(a)
Failed to follow prescribed procedures.
(b)
Failed to grant or deny a permit.
(c)
Failed to act on an application for a permit.
(d)
Improperly issued a cease-and-desist order.
(e)
Misinterpreted or misapplied any valid provision of this chapter
including all appendices or any valid rule or regulation governing
the action of the Zoning Officer.
(2)
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 60 days of the Zoning Officer's alleged error.
(3)
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 this chapter on which the appeal is based.
(4)
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).
B.
Challenges to the Validity of this chapter or Map.
(1)
The Zoning Hearing Board shall hear substantive challenges to
the validity of any land use ordinance, except those brought before
the Board of Commissioners pursuant to § 609.1 of the Municipalities
Planning Code, 53 P.S. § 10609.1 et seq.
(2)
The Zoning Hearing Board shall hear challenges to the validity
of a land use ordinance raising procedural questions or alleged defects
in the process of enactment or adoption which challenges shall be
raised by an appeal taken within 30 days after the effective date
of said ordinance.
(3)
At the conclusion of the hearing, the Zoning Hearing Board shall
decide all contested questions and shall make findings on all relevant
issues of fact which shall become part of the record on any appeal
to the court.
C.
Other appeals.
(1)
The Zoning Hearing Board shall also hear appeals from the determination
of any Township official, board, officer, or agency charged with the
administration of any transfers of development rights or performance
density provisions of this chapter.
(2)
The Zoning Hearing Board shall also hear appeals from the determination of the Zoning Officer or Township Engineer in the administration of any land use ordinance or provision thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relate to development not involving the provisions of the Lower Macungie Township subdivision and land development Ordinance [Chapter 22A] or the planned cluster development sections of this chapter.
(3)
The Zoning Hearing Board shall also hear appeals from the Zoning
Officer's determination under § 916.2 of the Municipalities
Planning Code, 53 P.S. § 10916.2.
D.
Variances.
(1)
The Zoning Hearing Board shall hear requests for variances filed
with the Zoning Hearing 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 land.
(2)
The Zoning Hearing Board may grant a variance only if the following
findings, where relevant, are made:
(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
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 the zoning ordinance and that the authorization
of 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 Zoning Hearing Board may attach
such reasonable conditions and safeguards as may deem necessary to
implement the purposes of this chapter.
(4)
All variances granted to subdivisions or land developments shall
be null and void if the construction involved in the variance is not
substantially completed upon the expiration of five years from the
date of the preliminary plan approval of the subdivision or land development.
(5)
All variances granted to other landowners shall be null and
void if the construction involved in the variance is not commenced
within one year of the date the variance is granted.
E.
Special exceptions.
(1)
The Zoning Hearing Board shall hear and decide requests for
all special exceptions filed with the Zoning Hearing 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.
(2)
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.
Unified appeals.
(1)
Where the Zoning Hearing Board has jurisdiction over any zoning
matter pursuant to this section, 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.
(2)
In such case, the Zoning Hearing Board shall have no power to pass upon the nonzoning issue, but shall take evidence and make a record thereon as provided in § 27-2605. At the conclusion of the hearing, the Zoning Hearing Board shall make findings on all relevant issues of fact which shall become part of the record on appeal to the court.
G.
The Zoning Hearing Board shall conduct hearings and make decisions in accordance with § 27-2605 and the Municipalities Planning Code, as amended, 53 P.S. § 10101 et seq.
H.
Court appeals.
(1)
In the case of an appeal from the Zoning Hearing Board to the
Court of Common Pleas, the Zoning Hearing Board shall make the return
required by law, and shall promptly notify the Township Solicitor
of such appeal and furnish him with a copy of the return including
the transcript of testimony.
(2)
Any decision of the Zoning Hearing Board not appealed within
30 days after notice thereof shall be final.
6.
Forms of Appeals and Applications to the Zoning Hearing Board.
A.
All appeals from a decision of the Zoning Officer and applications
to the Zoning Hearing Board shall be in writing on forms prescribed
by the Zoning Hearing Board.
B.
Every application shall include the following:
(1)
The name and address of the applicant or appellant.
(2)
The name and address of the owner of the property to be affected
by such proposed change or appeal.
(3)
A brief description and location of the property to be affected
by such proposed change or appeal.
(4)
A statement of the present zoning classification of the property
in question, the improvements thereon and the present use thereof.
(5)
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 locating and size of
the lot and the size of existing and intended improvements, shall
be attached to the description. Plot plans shall be clear, legible
and accurately drawn to scale.
7.
Time Limitations: Persons Aggrieved. The time limitations for raising
certain issues and filing certain proceedings with the Zoning Hearing
Board shall be the following:
A.
No person shall be allowed to file any proceeding with the Zoning
Hearing Board later than 30 days after any application for development,
preliminary or final, has been approved by an appropriate Township
officer, agency or body if such proceeding is designed to secure reversal
or to limit the approval in any manner unless such person alleges
and proves that he had no notice, knowledge or reason to believe that
such approval had been given.
B.
If such person has succeeded to his interest after such approval,
he shall be bound by the knowledge of his predecessor in interest.
C.
The failure of anyone other than the landowner to appeal from an
adverse decision on a preliminary plan or from an adverse decision
by the Zoning Officer on a challenge to the validity of this chapter
or Zoning Map pursuant to § 916.1(1) of the Municipalities
Planning Code, as amended (regarding validity of ordinance), 53 P.S.
§ 10916.1(1), shall preclude an appeal from a final approval
except in the case where the final submission substantially deviates
from the approved tentative or preliminary approval.
D.
All appeals from determinations adverse to the landowners shall be
filed by the landowner within 30 days after notice of the determination
is issued.
8.
Stay of Proceedings.
A.
Upon filing of any proceeding referred to in Subsection 5 and during its pendency before the Zoning Hearing Board, all land development pursuant to any challenged ordinance, order or approval of the Zoning Officer or of any agency or body, and all official action thereunder shall be stayed.
B.
Such land development or official action shall not be stayed if the
Zoning Officer or any other appropriate agency or body certifies to
the Zoning Hearing Board facts indicating that such stay would cause
imminent peril to life or property.
C.
Notwithstanding Subsection 8.B, a restraining order may be granted
by the Zoning Hearing Board or by the court having jurisdiction of
zoning appeals on petition after notice to the Zoning Officer or other
appropriate agency or body.
D.
When application for development, preliminary or final, has been
duly approved and proceedings designed to reverse or limit the approval
are filed with the Zoning Hearing Board by persons other than the
applicant, the applicant may petition the court having jurisdiction
of zoning appeals to order such persons to post bond as a condition
to continuing the proceedings before the Zoning Hearing Board.
E.
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.
[Ord. No. 2019-10, 8/1/2019]
1.
The Zoning Hearing Board shall conduct hearings and make decisions
in accordance with the following:
A.
Notice of Hearings. Public notice of all hearings of the Zoning Hearing
Board shall be given as follows:
(1)
Notice to the public shall be published once each week for two
successive weeks in a newspaper of general circulation in the Township.
(2)
Written notice of such hearing shall be conspicuously posted
on the affected tract of land at least one week prior to the hearing.
(3)
Written notice shall be given, by personally delivering or mailing
a copy of the published notice, to:
(a)
The applicant.
(b)
The landowner, if different from the applicant.
(c)
The members of the Zoning Hearing Board.
(d)
The Zoning Officer.
(e)
The Planning Commission.
(f)
The Board of Commissioners.
(g)
The Township Solicitor.
(h)
The Township Engineer.
(i)
All adjacent or adjoining property owners and all property owners
whose land lies within 100 feet of the boundary line of the property
at issue, at their current listed addresses (such list to be provided
to the Township by the applicant).
(j)
Another other person or group (including civic or community
organization) who has made a timely request for such notice.
(k)
In any matter which relates to a property which lies within
250 feet of the boundary of another municipality, the Secretary of
the Board shall transmit to the municipal secretary of this other
municipality a copy of the official notice of the public hearing on
such matter, not later than one day after publication thereof.
(4)
The Board of Commissioners may, by resolution, establish a reasonable
fee schedule, 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.
B.
Hearings by the Zoning Hearing Board. The first hearing before the Zoning Hearing Board shall be commenced within 60 days of receipt of the applicants application, unless the applicant has agreed in writing to an extension of time. Each subsequent hearing before the Zoning Hearing Board shall be held within 45 days of the prior hearing, unless otherwise agreed to by the applicant in writing or on the record. An applicant shall complete the presentation of his/her case-in-chief within 100 days of the first hearing. Upon request of the applicant, the Zoning Hearing Board shall assure that the applicant receives at least seven hours of hearings within 100 days, including the first hearing. Persons opposed to the application shall complete the presentation of their opposition to the application within 100 days of the first hearing held after the completion of applicant's case-in-chief. An applicant may, on request, be granted additional hearings to complete his/her case-in-chief provided the persons opposed to the application are granted an equal number of additional hearings. Persons opposed to the application may, upon written consent or consent on the record by the applicant and the municipality, be granted additional hearings to complete their opposition to the application provided the applicant is granted an equal number of additional hearings for rebuttal. The hearings shall be conducted by the Zoning Hearing Board and the decision and findings shall be made by the Zoning Hearing Board. The provisions of this paragraph shall also be applicable to the Board of Commissioners when conducting hearings upon applications for conditional uses (see § 27-2403, Subsection 1.J, of this chapter).
C.
Parties.
(1)
The parties to the hearing shall be the Township, any person
affected by the application who has made timely appearance of record
before the Zoning Hearing Board, and any person including civic or
community organizations permitted to appear by the Zoning Hearing
Board.
(2)
The Zoning Hearing Board shall have the power to require that
all persons who wish to be considered parties enter appearances in
writing on forms provided by the Zoning Hearing Board for that purpose.
D.
Oaths and Subpoenas. The chairman or acting chairman of the Zoning
Hearing Board presiding shall have power to administer oaths and issue
subpoenas to complete the attendance of the production of relevant
documents and papers, including witnesses and documents requested
by the parties.
E.
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.
F.
Evidence. Formal rules of evidence shall not apply, but irrelevant,
immaterial or unduly repetitious evidence may be excluded.
G.
Record.
(1)
The Zoning Hearing Board or the Hearing Officer, as the case
may be, shall keep a stenographic record of the proceedings. The appearance
fee for a stenographer shall be shared equally by the applicant and
the Zoning Hearing Board.
(2)
The cost of the original transcript shall be paid by the Zoning
Hearing Board if the transcript is ordered by the Zoning Hearing Board
or shall be paid by the person appealing from the decision of the
Zoning Hearing Board if such appeal is made, and in either event,
the cost of additional copies shall be paid by the person requesting
such copy or copies. In other cases, the party requesting the original
transcript shall bear the cost thereof.
H.
Ex Parte Communications.
(1)
The Zoning Hearing Board shall not communicate, directly or
indirectly, with any party or his representative in connection with
any issues involved, except upon notice and opportunity for all parties
to participate.
(2)
The Zoning Hearing Board shall not take notice of any communication,
reports, staff memoranda, or other materials except advice from their
solicitor, unless the parties are afforded an opportunity to contest
the material so noticed.
(3)
After the commencement of hearings, the Zoning Hearing 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.
I.
Conflicts of Interest. No member of the Zoning Hearing Board shall
vote upon or participate in deliberations concerning any application
for which the member has a conflict of interest or for which such
note or participation would give the appearance of a conflict of interest.
J.
Referral to Planning Commission.
(1)
The Zoning Hearing Board shall refer to the Planning Commission
for comment on any application or appeal which in the opinion of the
Zoning Hearing Board requires review by the Planning Commission.
(2)
In the event of such a referral from the Zoning Hearing Board,
the Planning Commission shall report in writing its findings and recommendations
to the Zoning Hearing Board within 30 days of their receiving the
request for review.
(3)
The Zoning Hearing Board and the Planning Commission shall establish
mutually acceptable procedures to assure that the review is accomplished
in time to permit the Zoning Hearing Board to make its required decision.
K.
Decision/Findings.
(1)
The Board shall render a written decision, or, when no decision
is called for, make written findings on the application, within 45
days after the last hearing before the Board.
(2)
Where the application is contested or denied, each decision
shall be accompanied by findings of fact and conclusions based thereon
with the reasons therefor.
(3)
Conclusions based on any provisions of the Pennsylvania Municipalities
Planning Code, as amended, 53 P.S. § 10101 et seq., or this
chapter, or 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)
Except for challenges under § 916.1 of the Municipalities
Planning Code (validity of ordinances, substantive questions), 53
P.S. § 10916.1, where the Board fails to render the decision
within the period required by Subsection 1.K(1) of this section, or
fails to commence, conduct or complete the required hearing as provided
in Subsection 1.B of this section, the decision shall be deemed to
have been rendered in favor of the applicant unless the applicant
has agreed in writing or upon the record to an extension of time.
When a decision has been rendered in favor of the applicant because
of failure of the Zoning Hearing Board to meet or render a decision
as hereinabove provided, the Board shall give public notice of said
decision within 10 days from the last day it could have met to render
a decision in the same manner as provided in Subsection 1.A ("Notice
of Hearings") of this section. If the Board shall fail to provide
such notice, applicant may do so. Nothing in this section shall prejudice
the right of any party opposing the application to appeal the decision
to a court of competent jurisdiction.
L.
Notice of Decision.
(1)
A copy of the final decision, or a copy of the findings (when
no decision is called for), shall be delivered to the applicant personally
or mailed to him not later than the date following its date.
(2)
The Zoning Hearing Board shall provide (by mail or otherwise)
a brief notice of the decision or findings and a statement of the
place where the full decision or findings may be examined to all other
persons who have filed their name and addresses with the Zoning Hearing
Board not later than the last day of the hearing.
(3)
When a decision has been rendered in favor of the applicant
because of the failure of the Zoning Hearing Board to meet or render
a decision as described in Subsections 1.A(1) and 1.J(4), the Township
shall give public notice of said decision within 10 days from the
last day it could have met to render a decision in the same manner
as provided in Subsection 1.A. If the Zoning Hearing Board shall fail
to provide such notice, the applicant may do so.
[Ord. No. 2019-10, 8/1/2019]
1.
Parties to proceedings authorized in this chapter may utilize mediation
as an aid in completing such proceedings. The Zoning Hearing Board
shall neither initiate mediation or participate as a mediating party
in any proceedings pending before the Zoning Hearing Board. Mediation
shall supplement, not replace, those procedures in this chapter once
said procedures have been formally initiated. Nothing in this section
shall be interpreted as expanding or limiting Township police powers
or as modifying any principles or substantive law.
2.
Participation in Mediation shall be Wholly Voluntary. The appropriateness
of mediation shall be determined by the particulars of each case and
the willingness of the parties to negotiate. The Township shall assure
that in each case, the mediating parties, assisted by the mediator
as appropriate, develop terms and conditions for:
A.
Funding mediation.
B.
Selecting a mediator who, at a minimum, shall have a working knowledge
of municipal zoning and subdivision procedures and demonstrated skills
in mediation.
C.
Completing mediation, including time limits for such completion.
D.
Suspending time limits otherwise authorized in this chapter, provided
there is written consent by the mediating parties and by an applicant
or Township decision-making body if either is not a party to the mediation.
E.
Identifying all parties and affording them the opportunity to participate.
F.
Subject to legal restraints, determining whether some or all of the
mediation sessions shall be open or closed to the public.
G.
Assuring that mediation solutions are in writing and signed by the
parties, and become subject to review and approval by the appropriate
decision-making body pursuant to the authorized procedures set forth
in the other sections of this chapter.
3.
No offers or statements made in the mediation sessions, excluding
the final written mediated agreement, shall be admissible as evidence
in any subsequent judicial or administrative proceedings.
[Ord. No. 2019-10, 8/1/2019]
1.
All appeals for securing review of this chapter, or any decision,
determination or order of the Board of Commissioners, its agencies
or officers issued pursuant to this chapter, shall be in conformance
with the Municipalities Planning Code, as amended.
2.
Questions of alleged defect in the process of enactment or adoption
of this chapter shall be raised by an appeal taken directly from the
action of the Board of Commissioners to the Lehigh County Court of
Common Pleas filed no later than 30 days from the effective date of
this chapter or map.
[Ord. No. 2019-10, 8/1/2019]
1.
The Township shall follow the requirements of the Pennsylvania Municipalities
Planning Code, 53 P.S. § 10101 et seq., in enacting any
amendment to this chapter.
2.
Zoning Amendment Petitions.
A.
Private parties may file a zoning amendment petition to amend, supplement,
change, or repeal provisions of this chapter.
B.
A zoning amendment petition shall consist of: (1) the completed Township
application form signed by at least one record owner of property that
will be affected by the petition whose signature shall be notarized,
attesting to the truth of all of the facts and information presented
in the petition; (2) the filing fee and escrow monies (the amount
of this fee and escrow shall established by separate resolution of
the Board of Commissioners; and two properly executed copies of the
Township's Contract for Professional Services.
C.
The Board of Commissioners shall have the complete discretion to
decline to review or consider any Petition and shall retain complete
discretion to either accept, reject, or amend any petition.
D.
All petitions shall be forwarded to the Township Planning Commission
for review and recommendation prior to any consideration by the Board
of Commissioners.
[Ord. No. 2019-10, 8/1/2019]
1.
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 Commissioners with a written request that his challenge
and proposed amendment be heard and decided as provided in the Municipalities
Planning Code, as amended, 53 P.S. § 10101 et seq.
2.
The Board of Commissioners shall commence a hearing thereon within
60 days of the request unless the landowner grants an extension of
time.
3.
The curative amendment and challenge shall be referred to the Planning
Commission and the Joint Planning Commission for review and recommendation
to the Board of Commissioners.
4.
The Board of Commissioners shall consider the curative amendment and challenge after public notice and a hearing pursuant to § 27-2605, and all references therein to the Zoning Hearing Board shall, for the purposes of the curative amendment procedures, be deemed instead to be the Board of Commissioners.
5.
If the Township does not accept the landowner's curative amendment
under this section and a court subsequently rules that the challenge
has merit, the court's decision shall not result in a declaration
of invalidity for the chapter and map, but only for those provisions
which specifically relate to the landowner's curative amendment and
challenge.
6.
If the Board of Commissioners determines that a curative amendment
and challenge has merit, it may accept the landowner's curative amendment,
with or without revision, or may adopt an alternative amendment which
will cure the challenged defects.
7.
The Board of Commissioners shall consider the curative amendments,
plans and explanatory material submitted by the landowner and also
consider:
A.
The impact of the proposal upon roads, sewer facilities, water supplies,
schools and other public service facilities.
B.
If the proposal is for a residential use, the impact of the proposal
upon regional housing needs and the effectiveness of the proposal
in providing housing units of a type actually available to and affordable
by classes of persons otherwise unlawfully excluded by the challenged
provisions of this chapter or map.
C.
The suitability of the site for the intensity of use proposed by
the site's soils, slopes, woodland, wetlands, floodplains, aquifers,
natural resources and other natural features.
D.
The impact of the proposed use on the site's soils, slopes, woodland,
wetlands, floodplains, aquifers, natural resources and other natural
features, the degree to which these are protected or destroyed, the
tolerance of the resources to development, and any adverse environmental
impacts.
E.
The impact of the proposal on the preservation of agriculture and
other land uses which are essential to the public health and welfare.
8.
In the case of the Township itself as distinct from a landowner challenge,
determining that this chapter or any portion thereof is substantially
invalid pursuant to § 609.2 of the Municipalities Planning
Code, as amended, 53 P.S. § 10609.2, the Township shall:
A.
Declare by formal action this chapter or portions thereof substantially
invalid and propose to prepare a curative amendment to overcome such
invalidity.
B.
Within 30 days thereof, by resolution make specific findings setting
forth the declared invalidity, which may include:
C.
Begin to prepare and consider a curative amendment to this chapter
to correct the declared invalidity.
D.
Within 180 days from the date of such declaration of invalidity,
the Township shall enact a curative amendment to validate, or reaffirm
the validity of, this chapter pursuant to the Municipalities Planning
Code, as amended, 53 P.S. § 10101 et seq.
9.
Upon the initiation of the procedures set forth in Subsection 8, the Board of Commissioners shall not be required to entertain or consider any landowner's curative amendment or challenge to this chapter, nor shall the Zoning Hearing Board be required to give a report requested under § 609.1 or 916.1 of the Municipalities Planning Code, as amended, 53 P.S. §§ 10609.1, 10916.1, subsequent to the declaration and proposal based upon grounds identical to or substantially similar to those specified by the Township pursuant to Subsection 8, and, upon completion of the procedures by the Township under Subsection 8, no rights to a cure pursuant to §§ 609.1 and 916.1 of the Municipalities Planning Code, as amended, 53 P.S. §§ 10609.1, 10916.1, shall, from the date of the Township's declaration and proposal under Subsection 8 of this section, accrue to any landowner on the basis of the substantive invalidity of the unamended ordinance for which there has been a curative amendment under Subsection 8.
[Ord. No. 2019-10, 8/1/2019]
[Ord. No. 2019-10, 8/1/2019]
1.
If it appears to the Township that a violation of any provision of
this chapter has occurred, the Township shall initiate enforcement
proceedings by sending an enforcement notice as provided in this section.
2.
The enforcement notice shall be sent to the owner of record of the
parcel on which the violation has occurred, to any person who has
filed a written request to receive enforcement notices regarding that
parcel, and to any other person requested in writing by the owner
of record.
3.
An enforcement notice shall state at least the following:
A.
The name of the owner of record and other person against whom the
Township intends to take action.
B.
The location of the property in violation.
C.
The specific violation with a description of the requirements which
have not been met, citing in each instance the applicable provisions
of this chapter.
D.
The date before which the steps for compliance must be commenced
and the date before which the steps must be completed.
E.
The recipient of the notice has the right to appeal to the Zoning
Hearing Board within 15 days of receipt of this notice.
[Ord. No. 2019-10, 8/1/2019]
In the event any building, structure, sign, landscaping or land
is, or is proposed to be, erected, constructed, reconstructed, altered,
converted, maintained, extended, enlarged or used in violation of
any provision of this chapter, the Board of Commissioners or, with
the approval of the Board of Commissioners, an officer of the Township,
or any aggrieved owner or tenant of real property who shows that his
property or person will be substantially affected by the alleged violation,
in addition to other remedies, may institute any appropriate action
or proceeding to prevent, restrain, correct or abate such building,
structure, landscaping or land, or to prevent, in or about such premises,
any act, conduct, business or use constituting a violation. When any
such action is instituted by a landowner or tenant, notice of that
action shall be served upon the Township at least 30 days prior to
the time that action is begun by serving a copy of the complaint on
the Board of Commissioners. No such action may be maintained until
such notice has been given.
[Ord. No. 2019-10, 8/1/2019]
Any person, partnership or corporation who or which has violated or permitted the violation of any of the provisions of this chapter (including all appendices) shall, upon being found liable therefor in a civil enforcement proceeding, pay a judgment of not more than $500, plus all court costs, including reasonable attorney fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or 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 the magisterial district judge, determining that there has been basis for the person, partnership or corporation 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 fifth day following the date of the determination of a violation by the magisterial district judge and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney fees collected for the violation of this chapter shall be paid over to the Township. The validity of a determination or decision by the Zoning Officer, Zoning Hearing Board or Board of Commissioners may be challenged by an appeal of said determination or decision pursuant to § 27-2604 or 27-2606 and the Municipalities Planning Code as the exclusive remedy for a person aggrieved by such determination or decision; in no event may the validity of any such determination or decision be challenged or reviewed in any proceeding for enforcement under § 27-2612 before a magisterial district judge or court.
