A new ordinance:
A.
Dividing North Whitehall Township into districts with varying regulations;
B.
Permitting, prohibiting, regulating and determining the uses of land,
watercourses and other bodies of water, the size, height, bulk, location,
erection, construction, repair, expansion, razing, removal and use
of structures, the areas and dimensions of land and bodies of water
to be occupied by uses and structures, as well as yards and other
open areas to be left unoccupied;
C.
Establishing the maximum density and intensity of uses;
D.
Providing for the administration and enforcement of this chapter
in accordance with the Pennsylvania Municipalities Planning Code,[1] including provisions for special exceptions and variances
to be administered by a Zoning Hearing Board and conditional uses
to be administered by the Board of Supervisors; and
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
E.
Establishing provisions for the protection of certain natural features.
This chapter shall be known and be cited as the "North Whitehall
Township Zoning Ordinance" of 2002.
It is hereby declared to be the legislative intent that:
A.
If a court of competent jurisdiction declares any provisions of this
chapter to be invalid or ineffective in whole or in part, the effect
of such decision shall be limited to those provisions which are expressly
stated in the decision to be invalid or ineffective, and all other
provisions of this chapter shall continue to be separately and fully
effective. The Board of Supervisors hereby declares that it would
have passed this chapter and each section or part thereof irrespective
of the fact that any one or more sections or parts thereof be declared
invalid.
B.
If a court of competent jurisdiction declares this entire new ordinance
to be invalid or ineffective, then the previous North Whitehall Township
Zoning Ordinance, as amended up to and including the intended adoption
date of the new ordinance, shall be automatically considered to remain
in effect.
Allegations that this chapter or any amendment was enacted in
a procedural defective manner shall be appealed as provided in state
law and be filed not later than 30 days after the intended effective
date of the ordinance or amendment.
The preexisting North Whitehall Township Zoning Ordinance of
1995, as amended, is hereby repealed, in addition to the repeal of
any other Township ordinances or resolutions or parts thereof that
were adopted prior to this chapter that are clearly in direct conflict
with this chapter.
The North Whitehall Township Mobile Home Park Ordinance was
repealed in 1995. Ordinance No. 82-1, regarding airport approaches,[1] shall remain fully in effect.
Under the authority conferred by the Pennsylvania Municipalities
Planning Code, as amended,[1] the Board of Supervisors of North Whitehall Township hereby
enacts and ordains into an ordinance the attached document this date
of December 4, 2002. This chapter shall become effective in five calendar
days.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
This chapter is hereby adopted:
B.
In accordance with the community development goals and objectives
(which are included by reference) of the North Whitehall Township
Comprehensive Plan of 1995 (as may be amended), which constitutes
an overall program;
C.
In consideration of the character of the Township, its various parts
and the suitability of the various parts for particular uses and structures;
D.
To provide for a safe, reliable and adequate water supply;
E.
To provide for the preservation of natural, scenic and historical
values in the environment and the preservation of forests, wetlands,
aquifers and flood-prone areas; and
F.
To assist in carrying out the purposes and provisions of the Constitution of the Commonwealth of Pennsylvania (especially Article I, Section 27); the Pennsylvania Flood Plain Management Act; Pennsylvania Storm Water Management Act;[2] Pennsylvania DEP regulations on erosion and sedimentation
control; Pennsylvania Department of Transportation regulations on
highway access control; and other relevant federal and state laws,
regulations, official policies and relevant court decisions.
[2]
Editor's Note: See 32 P.S. § 679.101 et seq. and
32 P.S. § 680.1 et seq., respectively.
A.
Applicability.
(1)
Any of the following activities or any other activity regulated by
this chapter shall only be carried out in conformity with this chapter:
(2)
Types of permits. The following types of permits are required for
the following situations:
(a)
Zoning permit. A zoning permit indicates that a zoning application
complies with this chapter to the best knowledge of the applicable
Township staff. A zoning permit is required to be issued prior to
the start of any of the following activities:
[1]
Erection, construction, movement, placement or expansion of a structure, building or sign [See § 440-10A(2)(e) below about how building and zoning permits may relate];
[2]
Change of the type of use or expansion of the use of a structure
or area of land;
[3]
Creation of a new use;
[5]
Demolition of a structure.
(b)
Building permit. A building permit is required by the Township to authorize construction. The permit indicates that the work complies with Township ordinances to the best knowledge of the applicable Township staff. No person shall perform construction operations of any kind unless a building permit is conspicuously displayed on the premises. An applicant is also required to comply with the building permit requirements found in Article XI. An applicant is required to obtain a building permit prior to starting any of the following activities:
[1]
Erection, construction, reconstruction, movement, placement
or extension of a structure or wall or freestanding sign;
[2]
Placement of an underground bulk fuel storage tank;
[3]
Development or grading within the 100-year floodplain as stated in Chapter 242, Floodplain Management, of the Code; and
[4]
Such other activities specified as needing a building permit
by any other applicable Township ordinance.
(c)
Use and occupancy permit (also known as "certificate of occupancy" or "occupancy permit"). A use and occupancy permit is required upon completion of the construction or expansion of a principal building, construction and installation of a swimming pool as defined in § 440-30, creation of a new use, or change in use of a structure or land. This permit indicates, to the best knowledge of the applicable Township staff, that the premises complies with the provisions of Township ordinances. A use and occupancy permit shall not be required for a simple change from one occupant to another, provided that the general type of use does not change.
[1]
The Zoning Officer may issue a temporary use and occupancy permit
for a period not exceeding six months to allow for partial occupancy
of a building pending its completion.
(d)
Road occupancy permit. A Township road occupancy permit is required
by a separate Township ordinance for new driveways and work within
a right-of-way of a Township-owned street. See PennDOT requirements
to determine if an occupancy permit is needed for work within the
right-of-way of a state-owned street.
(e)
Format of permits. All applications for Township permits shall
be submitted to the designated Township staff person. The Zoning Officer
shall have the option, as an administrative matter, to determine the
format of each type of permit and application. For example, the Township
may establish for different types of activities:
[1]
That zoning permits, building permits, and use and occupancy
permits and forms shall be separate from each other; and/or
[2]
That each applicable portion(s) of a combined zoning permit,
building permit, and/or use and occupancy permit form shall serve
for the purposes of this chapter as the zoning permit, building permit,
and use and occupancy permit, respectively.
B.
Repairs and maintenance. Ordinary repairs and maintenance to existing
structures that do not infringe upon a required setback may be made
without a permit under this chapter. However, such work may require
a permit under the Township Building Code.[1]
C.
Types of uses.
(2)
Special exception use or application requiring a variance. A permit
under this chapter for a use requiring a special exception or variance
shall be issued by the Zoning Officer only upon the written decision
of the Zoning Hearing Board following a hearing.
(3)
Conditional use. A permit under this chapter for a conditional use
shall be issued by the Zoning Officer only upon the written decision
of the Board of Supervisors, and after the Planning Commission has
been given an opportunity to review the application.
D.
Applications.
(1)
All applications for a zoning permit, other Township permit, a decision
by the Zoning Hearing Board, or a conditional use approval shall be
made, in writing, on a form provided by the Township. Such completed
application, with any required fees and with any required site plans
or other required information, shall be submitted to the Zoning Officer
or other designated Township staff person. The applicant is responsible
to see that a responsible Township official notes the date of the
official receipt on the application. Site plans and supporting documents
may be submitted by electronic medium after consultation with and
approval by the Zoning Officer, in addition to paper plan submission.
(2)
The applicant shall submit the number of copies of a site plan that
are stated on the official application or this chapter. Such site
plan shall be drawn to scale.
(3)
Any application to the Zoning Officer or Zoning Hearing Board shall
include the following information, unless the Zoning Officer determines
that a site plan or such information is unnecessary to determine compliance
with this chapter:
(a)
The location and dimensions of the lot;
(c)
Name and address of the applicant or appellant;
(d)
Name and address of the owner of the affected property;
(e)
A description of the proposed use of the property;
(f)
The locations of any trees or forested areas with a trunk diameter
of six inches or greater, measured 4.5 feet above the average surrounding
ground level, that may be adversely impacted by the proposal;
(g)
The locations of any existing or proposed septic system and
well;
(h)
All other applicable information listed on the official Township
application form; and
(i)
Such additional information that the Zoning Officer may determine
is reasonably necessary to determine compliance with this chapter.
(4)
Submittals to the Board. In addition to the information listed in Subsection D(3) 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:
(a)
The present zoning district and major applicable lot requirements.
(b)
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.
(c)
A list of the maximum hours of operation.
(d)
A listing of any sections of this chapter being appealed, with
the reasons for any appeal.
E.
Issuance of applicable permits.
(1)
At least one copy of any applicable zoning, building and/or use and
occupancy permit application, and/or other applicable zoning approval
shall be retained in Township files. One copy of any applicable application(s)
and any zoning/building permit card shall be retained by the applicant.
A copy of any such permit card shall be shown by the applicant to
the Zoning Officer upon the Zoning Officer's request.
(2)
PennDOT permit. Where necessary for access onto a state road, neither
a Township building permit or a Township occupancy permit shall be
issued unless a required PennDOT highway occupancy permit has been
issued.
(3)
Labor and Industry approval. The Township may require that an applicant
receive approval from the State Department of Labor and Industry,
if applicable, prior to issuance of a building permit. Any required
inspection by the Department of Labor and Industry is intended to
occur prior to or at the same time as issuance of a Township use and
occupancy permit.
(4)
Department of Agriculture and Pennsylvania Department of Environmental
Protection. The Township may require, prior to issuance of a building
permit, that an applicant receive approval from the above agencies,
if applicable. Any required inspection by these agencies is intended
to occur prior to or at the same time as issuance of a Township use
and occupancy permit.
F.
Revocation of permits; appeal of permit or approval.
(1)
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:
(a)
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 Criminal Code [2]provides for penalties for providing false information
to a municipal employee in the carrying out of his/her duties.);
[2]
Editor's Note: See 18 Pa.C.S.A. § 101 et seq.
(b)
Upon violation of any condition lawfully imposed by the Zoning
Hearing Board upon a special exception use or variance or by the Board
of Supervisors upon a conditional use;
(c)
Any work being accomplished or use of land or structures in
such a way that does not comply with this chapter or an approved site
plan or approved permit application;
(d)
For any other just cause set forth in this chapter; and/or
(2)
Other laws. The Zoning Officer may withhold issuance of a permit
under this chapter, if there is clear knowledge by him or her that
such a use would violate another Township, state or federal law or
regulation, until such time as the applicant proves compliance.
(3)
Appeals. A party with legitimate standing, or as otherwise provided
by the Pennsylvania Municipalities Planning Code,[3] may appeal decisions under this chapter within the provisions of the Pennsylvania Municipalities Planning Code. These appeals include but are not limited to a) appeal of a decision regarding the issuance of a permit by the Zoning Officer to the Zoning Hearing Board; or b) appeal of a conditional use or special exception use or variance decision to the County Court of Common Pleas. Any such appeal shall occur within the time period established in the Pennsylvania Municipalities Planning Code, as amended. See § 440-10D(1) of this chapter regarding applications.
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
G.
Zoning permit for temporary uses and structures.
(1)
A zoning permit for a temporary use or structure may be issued by
the Zoning Officer for any of the following:
(a)
Any temporary use that meets the requirements of this chapter;
(b)
Customary, routine and accessory short-term special events,
provided that:
[1]
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; and
[2]
See maximum time period in § 440-10G(3) below.
(c)
Temporary construction-related trailers, structures and uses as provided for in § 440-36E(1)(t);
(d)
The temporary erection of a tent or similar temporary structure
that is not totally enclosed for a maximum of 30 days in any four-month
period for clearly routine customarily accessory uses such as the
following: a wedding in the rear yard of a dwelling, a festival by
a place of worship or a special sale within the lot of a lawful commercial
use;
(e)
Operation of a model home with a sales office;
(f)
Temporary placement of a mobile home on a lawful lot during
the time a new site-built home is actively under construction; or
(g)
Other activities that the applicant proves to the clear satisfaction of the Zoning Officer involve a clearly customary temporary use involving similar circumstances to § 440-10G(1)(a) through (f) above.
(2)
Removal. Prior to the issuance of a permit for a temporary use or
structure, the Zoning Officer may require an applicant to present
a statement from the landowner of record acknowledging his/her awareness
of the application (if the application is not from the owner) and
accepting responsibility to ensure that the use or structure is removed
once the permit expires. Any temporary structure or use shall be removed
completely upon expiration of the permit without cost to the Township.
If the structure or use is not removed in a timely fashion after proper
notification, the Township (or other entity designated by the Township)
may remove the use or structure at the cost of the person who owns
the land upon which the structure or use is located.
(3)
Time period. The Zoning Officer shall state a reasonable maximum
time period on the temporary permit. If no time limit is stated, then
a six-month maximum period shall apply. A temporary permit may be
renewed for just cause.
H.
Changes to approved plans.
(1)
After the issuance of a permit and/or approval of a site plan under
this chapter by the Township, such permit and/or approved site plan
shall not be changed without the written consent of the Zoning Officer.
(2)
Changes to an application approved by the Zoning Hearing Board or
by the Board of Supervisors shall require reapproval of the changes
by such bodies if the Zoning Officer determines that such changes
significantly affect matters that were within their approval. Such
reapproval by the Zoning Hearing Board or the Board of Supervisors
is not required for minor technical adjustments or corrections of
information that do not affect the significant features of the site
plan and the intensity of the use, as determined by the Zoning Officer.
A.
After receiving a proper application, the Zoning Officer shall either
1) issue the applicable permit(s); or 2) deny the application(s) as
submitted indicating a reason verbally or in writing. A written statement
of the reason for the denial is not required unless specifically requested
in writing by an applicant. If other Township approvals are required
in addition to a permit, the Township may a) refuse to accept an application
for a permit until such other approvals are received; b) consider
a permit application to be incomplete until such other approvals are
received; or c) condition a permit upon the issuance of other required
Township approvals.
C.
Appeal. See § 440-18E(1) concerning appeals of actions of the Zoning Officer to the Zoning Hearing Board. (NOTE: In most cases under state law, such appeals must be made within 30 days of the action.)
D.
After the permit under this chapter has been received by the applicant,
the applicant may undertake the action permitted by the permit under
this chapter, 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.
A.
Minimum requirements. The provisions of this chapter shall be interpreted
as the minimum requirements to promote public health, safety and general
welfare. Where more than one provision of this chapter controls a
particular matter, the provision that is more restrictive upon uses
and structures shall apply. The provisions of this chapter are in
addition to any other applicable Township ordinance.
B.
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 Zoning Hearing Board may permit such use as a special exception
use if the applicant specifically proves to the clear satisfaction
of the Zoning Hearing Board that all of the following conditions would
be met:
(1)
The proposed use would be less intensive in external impacts and
nuisances than uses that are permitted in the district;
(2)
The proposed use would be closely similar in impacts and character to uses permitted in that district, considering the standards in § 440-82F(3);
(3)
The use would meet the standards that would apply under § 440-26 to a special exception use, as listed in § 440-25C(4)(a) through (g); and
(4)
The use is not specifically prohibited in that district.
C.
Sketches. Sketches in this chapter are for illustrative purposes
only and are not regulatory.
D.
Interpretation of ordinance text and boundaries.
(1)
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 or the Zoning Hearing Board Solicitor
to aid in the Zoning Officer's determination.
(2)
If an applicant disagrees with the Zoning Officer's determination and believes that this chapter should be interpreted in the applicant's favor, the applicant may appeal to the Zoning Hearing Board. See§ 440-18 and the Township fee schedule concerning appeals by an applicant to the Zoning Hearing Board.
All of the enforcement, violations and penalty provisions of
the Pennsylvania Municipalities Planning Code, as amended,[1] shall apply. The following provisions shall apply unless
a differing provision is specifically stated in the Pennsylvania Municipalities
Planning Code.
A.
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 herein. Prior
to sending an official enforcement notice, the Zoning Officer may
at his/her option informally notify the owner of a suspected or known
violation through a written or verbal communication and request voluntary
compliance.
B.
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.
C.
At a minimum, an official enforcement notice shall state at least
the following:
(1)
The name of the owner of record and any other person against whom
the Township intends to take action.
(2)
A description of the location or street address of the property in
violation.
(3)
The specific alleged violation with a description of the requirements
which in each instance have not been met, citing applicable provisions
of this chapter.
(4)
The exact date before which the steps for compliance must be commenced,
which shall be 10 calendar days from receipt of the notice, and the
date before which the steps must be completed, which shall be 30 calendar
days from receipt of the notice, unless the Zoning Officer specifically
determines that differing time periods are appropriate and/or necessary.
(5)
That the recipient of the notice has the right to appeal to the Zoning
Hearing Board within 10 days of receipt of the notice, unless a different
period is stated in the notice.
(6)
Reference to the relevant section of the Pennsylvania Municipalities
Planning Code, regarding enforcement notices.
D.
Causes of action. The provisions of the Pennsylvania Municipalities
Planning Code, as amended, shall apply.
E.
Enforcement remedies. The provisions of the Pennsylvania Municipalities
Planning Code, as amended, shall apply.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
The Board of Supervisors has established by resolution, and
may amend by resolution, a schedule of fees and submission deadlines
relating to all applications filed pertaining to this chapter. No
application or appeal shall be considered filed until all fees are
paid.
A.
Within the requirements of the Pennsylvania Municipalities Planning
Code,[1] the Board of Supervisors may amend or repeal any or all
portions of this chapter:
(1)
On its own motion; or
(2)
Upon agreeing to hear a written request of any person, entity, landowner
or the Planning Commission.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
Hearing and notice. Before voting on the enactment of an amendment,
the Board of Supervisors shall hold a public hearing thereon, following
the procedural requirements of the Pennsylvania Municipalities Planning
Code, including public notice and mailed notice and electronic notice
if applicable per 53 P.S. § 10109. Public notice of such
hearing shall include either the full text of the proposed amendment
or a brief summary of the main provisions and a reference to where
copies of the proposed amendment may be examined. The public notice
shall also state the time and place of the hearing.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Review of amendments.
(1)
In the case of an amendment other than that prepared by or under
the direction of the Planning Commission, the Board of Supervisors
shall submit each such amendment to the Planning Commission at least
30 days prior to the hearing on such proposed amendment and permit
the Commission an opportunity to provide recommendations.
(2)
LVPC Review. The Township shall submit the proposed amendment to
the Lehigh Valley Planning Commission (LVPC) for recommendations at
least 30 days prior to the hearing on such proposed amendment. No
action shall be taken by the Board of Supervisors until any LVPC comments
are received, unless 30 days pass without such comments being received.
E.
Application for ordinance amendment. Any request for amendment of
this chapter (including supplement, change or repeal) by any person
or entity, other than the Township staff, Planning Commission, Board
of Supervisors or committee appointed by the Board of Supervisors
or under the direct oversight of such entity, shall include the following:
(1)
A statement of why the change would be in the best interests of the
Township;
(2)
A statement of how the proposal will relate to the Township Comprehensive
Plan;
(3)
A statement addressing any adverse effects on adjacent residences;
(4)
A statement addressing any major traffic access or congestion concerns;
(5)
A map showing the proposed boundaries of any proposed map changes,
the existing zoning of the land and of adjacent lands and the current
uses of adjacent lots;
(6)
A statement explaining proposed extensions and major improvements,
if needed, of public water and sewer systems to serve the land area;
and
(7)
Payment of required fees to the Township as provided in the Township
fee schedule, which may be amended by resolution, and which shall
include, but not be limited to, reimbursement to the Township for
the costs of all legal advertisements.
F.
Traffic impacts of zoning amendments. The Planning Commission or
the Board of Supervisors may require an applicant for a zoning amendment
to fund and provide a traffic impact study following standard methods
and completed by a qualified traffic engineer. Such a study shall
take into account the entire land area proposed for a change, with
an emphasis on the net projected traffic increases from the proposed
amendment compared to the existing zoning, based upon reasonable assumptions
about the intensity and type of development. The applicant shall then
reimburse the Township for reasonable costs for the review of such
study by a Township consultant.
G.
Notification of proposed Zoning Map amendment. If a Zoning Map amendment
is requested by a private entity and is not considered at the same
public hearing as Zoning Map amendments proposed by Township officials,
then at least 10 days prior to the hearing on the proposed change,
the applicant shall send or have delivered in person written notice
of the proposed change to 1) all owners of record of all property
proposed to be rezoned (other than the applicant) and all property
directly abutting the land to be rezoned; and 2) the municipal Secretary
of any adjoining municipality whose boundaries are within 300 feet
of the subject lot. Such notice shall include the hearing date and
time and a Township official to contact for more information.
A.
Submittal. A landowner who desires to challenge on substantive grounds
the validity of this chapter which prohibits or restricts the use
or development of land in which he has an interest may submit a curative
amendment to the Board of Supervisors with a written request that
this challenge and proposed amendment be processed in accordance with
the applicable provisions of the Pennsylvania Municipalities Planning
Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
Curative fees. For a curative amendment request, the applicant shall
pay the Township all fees required under the applicable Township fee
schedule, which may be amended by resolution.
C.
Municipal curative amendments. The applicable provisions of the Pennsylvania
Municipalities Planning Code shall apply (as amended.).
A.
Appointment. The Zoning Officer(s) shall be appointed by the Board
of Supervisors. The Zoning Officer(s) shall not hold any elective
office within the Township but may hold other appointed offices.
B.
Duties and powers. The Zoning Officer's duties and powers shall include
the following:
(1)
Administer this chapter, 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;
(2)
Conduct inspections to determine compliance and receive complaints
of violations of this chapter;
(a)
To determine compliance with this chapter, the Zoning Officer
shall have the right to enter property or structure at a reasonable
hour in the course of his duties, within the limitations of the law;
(3)
Keep records of applications, permits, certificates, written decisions,
and variances granted by the Board and of enforcement orders, with
all such records being the property of the Township and being available
for public inspection;
(4)
Not have the power to permit any activity which does not conform
to this chapter;
(5)
Review proposed subdivisions and land developments for compliance
with this chapter; and
(6)
Issue informal letters requesting compliance, issue stop, cease-and-desist
orders, issue enforcement notices, and initiate such other enforcement
actions as provided within the requirements of the Pennsylvania Municipalities
Planning Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A.
Membership of Board. The Zoning Hearing Board shall consist of three
residents of the Township appointed by resolution 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.
B.
Vacancies. The Board shall promptly notify the Board of Supervisors
of any vacancies which occur. Appointments to fill vacancies shall
be only for the unexpired portion of a term.
C.
Removal of members. Any Board member may be removed for malfeasance,
misfeasance or nonfeasance in office or for other just cause by a
majority vote of the Board of Supervisors taken after the member has
received 15 days' advance notice of the intent to take such a vote.
A hearing shall be held in connection with the vote if the member
shall request it in writing.
D.
Organization. The applicable provisions of the Pennsylvania Municipalities
Planning Code, as amended, shall apply.
E.
Zoning Hearing Board jurisdiction and functions. The Zoning Hearing
Board shall be responsible for the following:
(1)
Appeal of a decision by the Zoning Officer.
(a)
The Board shall hear and decide appeals where it is alleged
by the appellant (a person affected or any agency of the Township)
that the Zoning Officer has failed to follow prescribed procedures,
or has misinterpreted or misapplied any valid provision of this chapter.
(2)
Challenge to the validity of this chapter or the Zoning Map. The
applicable provisions of the Pennsylvania Municipalities Planning
Code, as amended, shall apply.
(3)
Variance.
(a)
The Board shall hear requests for variances filed with the Board,
in writing, by any landowner (or any tenant with the permission of
such landowner).
(b)
Standards. The Board may grant a variance only within the limitations
of state law:
[1]
Where 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;
[2]
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;
[3]
Such unnecessary hardship has not been created by the appellant;
[4]
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; and
[5]
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.
(c)
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.
(4)
Special exception.
(a)
The Board shall hear and decide requests for all special exceptions filed with the Board, in writing, by any landowner (or any tenant with the permission of such landowner), as provided in this chapter and in accordance with such standards and criteria contained in this chapter and the procedures in § 440-26.
(b)
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.
(5)
Persons with disabilities. After having received a completed 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 necessary to provide a reasonable accommodation under the Americans
With Disabilities Act and/or the Federal Fair Housing Act[2] and/or applicable state law, as amended, to serve persons
who the applicant proves have "disabilities" as defined in and protected
by such laws.
[2]
Editor's Note: See 42 U.S.C. §§ 12101 et seq.
and 3601 et seq., respectively.
(6)
The Zoning Hearing Board shall also hear any other matters as set
forth in the Pennsylvania Municipalities Planning Code, as amended.
F.
Time limitations for appeals. The applicable provisions of the Pennsylvania
Municipalities Planning Code, as amended, shall apply.
G.
Stay of proceedings. The stay of proceedings provisions of the Pennsylvania
Municipalities Planning Code, as amended, shall apply.
H.
Time limitations on zoning and building permits and other zoning
approvals.
(1)
Subject to the provisions of § 440-18H(1)(a), (b) and (c), after a variance is approved or other zoning 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. In the event such approval or authorization is under court appeal, then the above time limits shall begin to run from the date in which the final judicial order is entered. The work authorized by such permits shall then begin within 12 months of the issuance of the permits. Construction of a building or structure shall be completed within 12 months after the beginning of construction of such building or structure.
(a)
Township approvals. If the applicant submits complete plans
for subdivision or land development approval that are related to the
zoning approval/permit within the above time limits, and diligently
continues to actively complete such approval process, then the above
time limits shall begin after the subdivision or land development
approval is granted.
(b)
Phasing. If a subdivision or land development or special exception
or conditional use approval is clearly tied to specific phases of
construction, then the above time limits shall begin from the date
final authorization is granted by the Township to begin each applicable
phase.
(c)
Federal or state approvals. If an application requires a federal
or state permit or approval, or an approval is under court appeal,
then the above time limits shall apply from the date such permit or
approval is granted or such final judicial decision is issued, provided
1) the applicant applied for such permit or approval during the Township
approval process; and 2) the applicant continues to diligently seek
such approval, permit or decision.
(2)
Extension. In response to an applicant stating good cause in writing,
the Zoning Officer may extend in writing the above application and
construction initiation periods to a maximum total of up to 36 months.
All renewals of building and zoning permits require a new application
fee at the time of renewal as in the current Township fee schedule.
(3)
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 may conclusively
presume that the applicant has waived, withdrawn or abandoned approvals
and permits under this chapter and may consider all such approvals
and permits to have become null and void.
The Board shall conduct hearings and make decisions in accordance
with the following:
A.
Notice of hearings. Notice of all hearings of the Board shall be
given as follows:
(1)
Ad. Public notice and mailed notice and electronic notice if applicable
per 53 P.S. § 10109 shall be published, as defined by the
Pennsylvania Municipalities Planning Code. The notice shall state
the time and place of the hearing and the particular nature of the
matter to be considered.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
Posting. Notice of such hearing shall be conspicuously posted on
the affected tract of land at least one week prior to the hearing.
It is the responsibility of the applicant to ensure that such notice
is posted and remains posted until the hearing.
(3)
Persons given notice. The Township shall provide written notice to
the applicant and Zoning Officer of the time and place of the hearing.
The Township should also provide notice to a) the Chairperson of the
Planning Commission, and b) the Chairperson of the Board of Supervisors.
In addition, the Township shall endeavor to provide notice to the
last known principal owner of record of each property within 200 feet
of the lot lines of the subject property; however, failure to provide
such notice shall not be grounds for an appeal. 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.
(a)
Any such notices should be mailed or delivered to the last known
address. Such notice should be intended to be received at least five
days prior to the hearing date.
(b)
At his/her own complete discretion, the Zoning Officer may provide
notice to additional persons, such as if the Zoning Officer believes
a proposal could have regional impacts.
(4)
Adjacent municipalities. In any matter which relates to a property
which lies within 250 feet of the boundary of another municipality,
except boundaries separated by a perennial river, and which the Township
determines may have a significant impact on that municipality, the
Township should transmit to the offices of the adjacent municipality
a copy of the official notice of the public hearing on such matter
at least seven days prior to the hearing date. Representatives of
such adjacent municipality shall have the right to appear and be heard
at the public hearing.
B.
Parties in hearings.
(1)
The parties to a hearing shall be the Township, any person affected
by the application who has made timely appearance of record before
the Board, and any other person, including civic or community organizations,
permitted to appear by the Board.
(2)
The Zoning Hearing Board may require that all persons who wish to
be considered parties enter appearances, in writing, on forms provided
by the Board for that purpose.
(3)
The Board shall have the authority, if they choose, to determine
who has standing for an appeal.
C.
Oaths and subpoenas. The chairperson of the Board or hearing officer
shall have power to administer oaths and issue subpoenas to compel
the attendance of witnesses and the production of relevant documents
and papers, including witnesses and documents reasonably needed by
and requested by the parties.
D.
Representation by counsel. The parties shall have the right to be
represented by legal counsel and shall be afforded the opportunity
to respond and present evidence and argument and cross-examine adverse
witnesses on relevant issues.
E.
Evidence and record. Formal rules of evidence shall not apply, but
irrelevant, immaterial, or unduly repetitious evidence may be excluded.
The Board or the hearing officer, as applicable, shall keep a record
of the proceedings as required by the Pennsylvania Municipalities
Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
F.
Communications outside of hearings.
(1)
The Board shall not meet with, visit the site with or directly communicate
specifically on the matter with any party or his/her representative
in connection with any issue involved, except upon notice and an opportunity
for all parties to participate.
(2)
The Board shall not take notice of any communication, reports, staff
memoranda, or other materials unless the parties are afforded an opportunity
to examine and contest the material so noticed. This restriction shall
not apply to advice from the Board's Solicitor.
G.
Initiation of hearings. A hearing required under this chapter shall
be initiated within 60 days of the date of an applicant's request
for a hearing, unless the applicant has agreed, in writing, to an
extension of time. A request for a hearing by an applicant shall not
be accepted prior to submission of a duly filed application.
H.
Decision/findings.
(1)
The Board shall render a written decision or make written findings
(when no decision is called for) on each application within 45 days
after the last hearing on that application before the Board, unless
the applicant has agreed, in writing, to an extension of time.
(2)
Where the application is contested or denied, the decision shall
be accompanied by findings of fact and conclusions based thereon,
together with the reasons for such conclusions.
(3)
Any conclusion based on any provision of the Pennsylvania Municipalities
Planning Code or of this chapter shall contain a reference to the
provision relied on.
I.
Notice of decision. A copy of the final decision or a copy of the
findings (when no decision is called for) shall be personally delivered
or mailed to the applicant or his or her representative or their last
known address not later than the time limit established by the Pennsylvania
Municipalities Planning Code, as amended.
The provisions for appeals to court that are stated in the Pennsylvania
Municipalities Planning Code, as amended,[1] shall apply.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
See the provisions of the Pennsylvania Municipalities Planning
Code, as amended.[1] See also § 440-36E of this chapter for exemptions for certain utility uses.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
The minimum lot area, minimum lot width and minimum street frontage requirements of this chapter shall not apply to uses or structures owned by North Whitehall Township or by a municipal authority created solely by North Whitehall Township for uses and structures that are intended for a legitimate public utility, stormwater or public health and safety purpose. See also § 440-36E of this chapter for exemptions for certain governmental uses.
A.
When site plan required. A site plan review by the Planning Commission
and Board of Supervisors is required for any new or expanded paved
area of greater than 10,000 square feet if such use will not be required
to be submitted as a) a conditional use; b) a subdivision; or c) a
land development.
B.
Site plan procedures. The following procedures shall be followed
for any use required to be reviewed under this section:
(1)
Submission. A minimum of 17 complete copies plus one electronic copy, if possible, of any required site plan shall be submitted to the Township. The Zoning Officer shall refuse to accept an application if it does not contain sufficient information to determine compliance with this chapter and any application fee and any monies escrowed are not provided at the time of application, as per Township fee schedules adopted by resolution. A minimum of one copy shall be retained in Township files. The site plan shall include the information listed in § 440-24. The Zoning Officer may seek a review by the Township Engineer if engineering matters are involved.
(2)
The Township shall distribute one copy to the Township Engineer and/or
the Township Consulting Engineer. The applicant shall provide one
copy to the Lehigh Valley Planning Commission if required under an
Act 167 Stormwater Ordinance.
(3)
Time. The Planning Commission and Board of Supervisors shall be given
an opportunity to review the site plan and provide any advisory comments,
in writing, to the Zoning Officer.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(4)
The Zoning Officer shall review the site plan and determine its compliance
or noncompliance with this chapter, based upon his/her review and
any comments of the Board of Supervisors and Planning Commission.
(5)
A site plan under this section may be reviewed at any legally advertised,
regular or workshop meeting of the Board of Supervisors and/or Planning
Commission.
The following information, as applicable, shall be submitted by the applicant for any conditional use or any use required to submit a site plan under § 440-23 or 440-25 or 440-26 except for information waived by the Zoning Officer as not applicable or necessary:
A.
A statement describing the proposed use.
B.
Layout. A site layout, drawn to suitable scale (preferably one inch
equals 50 feet), showing the location, dimensions and area of each
lot; the location, dimensions and height of proposed and any existing
structures; the required setback areas; the proposed density of residential
uses; the location and width of proposed or abutting streets; and
the proposed areas to be used for different purposes within the development,
including outdoor storage or display areas. If the plan involves one
phase of what eventually may be a larger development, then the interrelationships
of those phases shall be shown.
C.
Landscaping. The width of any buffer yard and the heights, spacing
and general species of plants to be used for screening. General numbers,
locations and types of landscaping to be provided in off-street parking
lots, along streets and in other areas.*
D.
Parking. The locations and numbers of parking spaces; the location
and widths of aisles; the location and sizes of off-street loading
areas. The method of calculating the off-street parking requirement,
based upon § 440-59.*
E.
Lighting and signs. The height, location and approximate intensity
of exterior lighting. The sign area, height, location and general
method of lighting of signs.*
F.
Sidewalks. The location of any proposed sidewalks (with width) and
curbing.
G.
Utilities. Note stating general proposed method of providing wastewater
treatment and water supply (such as "on-lot well and on-lot septic
services").
H.
Nuisances and safety. A description of any proposed industrial or
commercial operations or storage in sufficient detail to indicate
potential nuisances and hazards regarding noise, large trucks, glare,
air pollution, odors, dust, fire or toxic or explosive hazards or
other hazards to the public health and safety, together with a description
of proposed methods to control such hazards and nuisances.
I.
Grading and stormwater. Proposed and existing contours. Identification of any slopes between 15% and 25% and greater than 25% proposed to be impacted. These slopes must be identified by different shading on the site plan. Proposed method of managing stormwater runoff. See steep slope provisions in § 440-48 and the Township's Act 167 Stormwater Ordinances.[1] Delineation of any floodplains from the Official Federal
Emergency Management Agency Floodplain Maps and any wetlands must
be shown on the site plan.*
J.
Approximate lot lines of abutting lots within 50 feet of the project,
with identification of abutting land uses.
K.
Zoning district and major applicable requirements.
L.
Name and address of the person who prepared the site plan, the applicant
and the owner of record of the land.
M.
Such other data or information as the Zoning Officer deems is reasonably
necessary to determine compliance with Township ordinances and/or
that is listed on the official Township application form.
|
*
|
This information is not required on a zoning site plan if such
information will be submitted on a subdivision or land development
plan for the proposed use.
|
A.
Applicability. Certain uses that are permitted by this chapter as
conditional uses shall be required to follow the review and zoning
approval procedures described in this section.
B.
Procedure.
(1)
A conditional use submission shall not be considered officially accepted
for review until any needed zoning variance(s) or special exception
approval that is directly relevant to the site layout and nature of
the use is granted.
(2)
Submission. A minimum of seven complete paper copies plus one electronic copy, if possible, of any required site plan meeting the requirements of § 440-24 shall be submitted to the Township. The Zoning Officer shall refuse to officially accept an incomplete application which does not provide sufficient information to determine compliance with this chapter and does not provide the appropriate fee as per adopted Township fee schedule.
(3)
Applicant's distribution. Unless these reviews will be separately addressed under Chapter 375, Subdivision and Land Development, of this Code, the applicant shall, prior to or within three working days after submittal to the Township, submit one copy of the site plan to any central water and sewer supplier.
(4)
Township distribution. The Township shall distribute copies of the
site plan to the Planning Commission and the Board of Supervisors.
A minimum of one copy shall be retained in the Township files. The
Township fire services should be given an opportunity for a review,
if deemed appropriate by the Zoning Officer.
(5)
Zoning Officer review. The Zoning Officer shall report in writing
or in person to the Planning Commission or Board of Supervisors stating
whether the proposal complies with this chapter. The Zoning Officer
may request a review by the Township Engineer.
(6)
Planning Commission. The Planning Commission shall be given an opportunity
to review the conditional use application and submit a recommendation
to the Board of Supervisors.
(8)
Approval. The Board of Supervisors shall approve, conditionally approve
or disapprove the conditional use submission. In granting a conditional
use, the Board of Supervisors 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.
C.
Approval of conditional uses. The Board of Supervisors shall approve
any proposed conditional use if it finds adequate evidence that the
proposed use will comply with all of the following:
(2)
Other applicable sections of this chapter;
(3)
Chapter 375, Subdivision and Land Development, of this Code, as applicable, except that engineering details regarding compliance with such chapter may be addressed as part of a subsequent approval under such chapter; and
(4)
All of the standards listed in § 440-26C(3).
A.
Purpose. The special exception process is designed to allow careful
review of uses that have some potential of conflicts with adjacent
uses or areas.
B.
Special exception procedure.
(1)
All applicants for a special exception use shall submit 17 sets of
the site plans for the proposed use to the Zoning Officer together
with a written application. The Zoning Officer shall, prior to a scheduled
hearing, refuse to accept an incomplete application which does not
provide sufficient information to determine compliance with this chapter.
The Zoning Officer may waive the site plan requirement for home occupations
that are not intense and other uses not involving new buildings nor
additional off-street parking.
(3)
A minimum of one copy shall be retained in the Township files.
(4)
The Zoning Officer should, prior to the next Zoning Hearing Board
meeting where the application will be discussed, review the plan to
determine compliance with this chapter and report these findings to
the Zoning Hearing Board. The Planning Commission shall be provided
with an opportunity for an advisory review of all special exception
applications, other than general home occupations. Any official comments
of the Planning Commission shall be provided, in writing, to the Zoning
Hearing Board prior to the final hearing on a matter.
(5)
The Board shall hear and decide such request for a special exception use under the procedures of Article I of this chapter and the Pennsylvania Municipalities Planning Code, as amended.[1] The Board shall decide the matter within the time limits
of the Pennsylvania Municipalities Planning Code, as amended, regardless
of whether comments have been received from the Planning Commission.
The Board may, at the Board's option, continue a hearing to allow
time to accept comments of the Planning Commission.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(6)
The decision of the Board shall be in writing and shall be communicated
to the applicant in accordance with the Pennsylvania Municipalities
Planning Code, as amended.
C.
Approval of special exception uses. The Zoning Hearing Board shall
approve a proposed special exception use if the Board finds adequate
evidence that any proposed use will comply with all of the following:
(2)
Other applicable sections of this chapter; and
(3)
Comply with all of the following standards:
(a)
Other laws. Will not clearly be in conflict with other Township
ordinances or state or federal laws or regulations known to the Township.
(b)
Traffic. The applicant shall show that the use will not result
in or substantially add to a significant traffic hazard or significant
traffic congestion.
(c)
Safety. The applicant shall show that the use will not create
a significant public safety hazard, including fire, toxic or explosive
hazards.
(d)
Stormwater management. Will follow adequate, professionally
accepted engineering methods to manage stormwater.
[1]
Stormwater shall not be a criteria of a decision under this chapter if the application clearly would be subject to a separate engineering review and an approval of stormwater management by the Board of Supervisors under Chapter 375, Subdivision and Land Development, and Chapter 363, Stormwater Management, of this Code.
(e)
Neighborhood. Will not significantly negatively affect the desirable
character of an existing residential neighborhood, such as causing
substantial amounts of heavy truck traffic to travel through a residential
neighborhood, or a significant odor or noise nuisance, or very late
night/early morning hours of operation. This standard shall not apply
to normal farming operations as defined by the state law and regulations.
(f)
Site planning. Will involve adequate site design methods, including plant screening, berms, site layout and setbacks as needed to avoid significant negative impacts on adjacent uses. The use shall meet the landscaping and buffer requirements of Chapter 375, Subdivision and Land Development, of this Code.
(g)
Performance standards. The applicant shall show that the use will not have a serious threat of inability to comply with the performance standards of this chapter, as stated in Article V.
(h)
Preservation. The applicant shall prove that demolition of or
other negative impacts upon any historic buildings on the site have
been reasonably minimized.
D.
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.
The following advisory guidelines are intended to assist applicants
and the Township in developing well-planned developments.
A.
Natural features. Seek to minimize grading changes and removal of
mature trees. Seek to preserve the natural beauty of highly visible
areas. Seek to preserve land along creeks, keeping natural vegetation
in place as a filter against soil erosion and pollutants and to provide
shade over the creek to maintain water temperatures. Seek to avoid
development and removal of vegetation on steep hillsides.
B.
Circulation. Seek to separate pedestrian circulation from major routes
of vehicle traffic. Minimize the number of access points along major
roads. Avoid parking spaces backing into through traffic routes. Ensure
adequate capacity of driveways and drive-through lanes to avoid traffic
backing onto streets.
C.
Utilities. Seek to place as many utility lines as possible underground.
D.
Signs. Seek to minimize the lighting intensity of signs. Seek to
avoid signs with overly bright, less attractive colors. Consider use
of ground-mounted and attractive wooden signs.
E.
Compatibility. Seek to locate noisier and less compatible uses (such
as loading docks) as far away from homes as possible. Seek to screen
out views of less attractive activities from streets and homes.
F.
Historic preservation. Avoid demolition of historic buildings and
seek to maintain attractive architectural features of older buildings.
A.
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.
B.
If the Zoning Officer mistakenly issues a permit under this chapter,
the Township shall not be liable for any later lawful withdrawal of
such permit.
