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, Act 247 of 1968, as amended (the "MPC"),[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 2025."
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.
All prior North Whitehall Township zoning ordinances, including the North Whitehall Township Zoning Ordinance of 2002, as amended, are hereby repealed.
This chapter is enacted pursuant to the Pennsylvania Municipalities Planning Code,[1] as amended, and the Pennsylvania Second Class Township Code,[2] as amended. This chapter shall become effective in five calendar days after enactment by the North Whitehall Township Board of Supervisors.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[2]
Editor's Note: See 53 P.S. § 65101 et seq.
A. 
Any activity regulated by this chapter shall only occur in such a way that conforms with the regulations of this chapter. See § 440-10A.
B. 
This chapter regulates matters authorized by Article VI of the Pennsylvania Municipalities Planning Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10601 et seq.
C. 
All users hereof shall bear the responsibility to procure the latest amendments to this chapter.
D. 
Unless specifically stated to the contrary, in order to the extent necessary to carry out the purpose and intent of this chapter, the requirements of this chapter shall apply to uses and structures located within North Whitehall Township without regard to zoning district boundary lines and municipal boundary lines.
E. 
This chapter shall not apply to uses and structures owned, operated, or utilized in whole or in part by North Whitehall Township.
This chapter is hereby adopted:
A. 
In accordance with the requirements and purposes of the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended[1];
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B. 
In accordance with the community development goals and objectives of the North Whitehall Township Comprehensive Plan of 2022 (adopted February 2023) as may be amended from time to time);
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, farmlands, high value soils, 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; the Pennsylvania Storm Water Management Act[2]; Pennsylvania DEP regulations on erosion and sedimentation control; Pennsylvania Department of Transportation regulations regarding highway improvements and access control; and other relevant federal and state laws, regulations, official policies and relevant court decisions relating to the use of land.
[2]
Editor's Note: See 32 P.S. § 679.101 et seq. and 32 P.S. § 680.1 et seq., respectively.
A. 
Applicability.
(1) 
The following activities are regulated by this chapter and shall only be carried out in conformity herewith:
(a) 
Erection, construction, movement, placement, expansion, or extension of a structure, including without limitation a building or sign;
(b) 
Creation of a new use;
(c) 
Change of the type of a use or expansion of a use, structure, or area of land;
(d) 
Creation of a lot or alteration of lot lines; and/or
(e) 
Earthmoving activities, as provided in § 440-41.
(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. Issuance of a zoning permit shall be required prior to the start of the following activities:
[1] 
Erection, construction, movement, placement, or expansion of a structure [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;
[4] 
Earthmoving, as required under § 440-41 of this chapter; and/or
[5] 
Demolition of a structure.
(b) 
Building permit (also known as a UCC 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 activities unless a building permit is conspicuously displayed on the premises. An applicant is also required to comply with the building permit requirements found in § 440-29. 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 fuel storage tank;
[3] 
Development or grading within the 100-year floodplain as stated in Chapter 242, Floodplain Management, of the Code of the Township of North Whitehall; 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 shall be required as a condition of occupancy or use of a structure upon completion of the construction or expansion of a principal building, construction and installation of a swimming pool as defined in § 440-31, 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 change from one occupant to another, provided that the general type of use does not change.
[1] 
The Zoning Officer may, pursuant to the Pennsylvania Uniform Construction Code, as adopted by the Township (the "UCC") 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 the right-of-way of a Township-owned street. See Commonwealth of Pennsylvania Department of Transportation ("PennDOT") regulations for requirements relating to work within the right-of-way of a state highway.
(e) 
Form of permits. As an administrative matter, the Township shall establish the format for the various permits. Zoning, building, and use and occupancy permits and forms may be individual or combined (in whole or in part) forms.
B. 
Repairs and maintenance. Unless required by the UCC, ordinary repairs and maintenance to existing structures that do not infringe upon a requirement of this chapter may be made without a permit.
C. 
Types of uses.
(1) 
By right uses. The Zoning Officer shall issue a permit under this chapter in response to an application for a use that is permitted by right if it meets all of the requirements of this chapter, including without limitation specific additional requirements listed for that use in § 440-40.
(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 upon issuance of a written decision of the Zoning Hearing Board.
(3) 
Conditional use. A permit under this chapter shall be issued by the Zoning Officer only upon the issuance of a written decision of the Board of Supervisors.
D. 
Applications.
(1) 
All applications for a permit, shall be made, in writing, on a form provided by the Township. All applications shall be fully completed and signed and shall be submitted to the Township, with the required fee, site plan(s), or other required information. An application under this chapter shall be filed with the Zoning Officer or other designated Township staff person. The applicant is responsible to ensure that a 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, however, a paper plan submission shall be required.
(2) 
The applicant shall submit the number of copies of a site plan that are stated on the official application or in this chapter. The site plan shall be drawn to scale.
(3) 
Unless otherwise directed by the Zoning Officer, an application to the Zoning Officer, Zoning Hearing Board, or the Board of Supervisors (in the case of a conditional use) shall include the following information:
(a) 
The location and dimensions of the lot or lots which are the subject of the application;
(b) 
Locations, dimensions and uses of existing and proposed structures, parking and loading areas, and locations of existing and proposed uses of areas of land, including;
[1] 
The dimensions of all buildings from lot lines; and
[2] 
A clear delineation of both existing and proposed features;
(c) 
Name and address of the applicant or appellant;
(d) 
Name and address of the owner of the affected property (if different from the applicant) with a statement of the applicant's standing to submit the application;
(e) 
A description of the proposed use of the property;
(f) 
The locations of any trees not included in 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 permit;
(g) 
The existence of forested areas that may be adversely impacted by the permit;
(h) 
The locations of existing and/or proposed on lot sewage disposal systems and wells;
(i) 
All other applicable information listed on the application form; and
(j) 
Such additional information that the Zoning Officer may determine is reasonably necessary to determine compliance with this chapter.
(4) 
Submittals to the Board. Unless deemed necessary by the Zoning Officer, an application requiring a site plan and action by the Zoning Hearing Board or the Board of Supervisors shall include the following information:
(a) 
The present zoning district and applicable dimensional requirements;
(b) 
A description of any proposed nonresidential operations and storage in sufficient detail to indicate potential nuisances and hazards regarding noise, truck traffic, glare, odors, dust, fire or toxic or explosive hazards or other significant public health and safety hazards;
(c) 
Proposed hours of operation; and
(d) 
Specific identification of all sections of this chapter and any other ordinance which is or are the subject of the application with a discussion of the specific grounds of an appeal or other action sought by the applicant.
(5) 
Ownership. No person other than a landowner, equitable owner, or other person with standing shall file an application under this chapter, and any person not the landowner shall file an application without evidence of standing.
(6) 
Every application shall be executed by the applicant subject to 18 Pa.C.S.A. § 4904, relating to "Unsworn falsification to authorities."
(7) 
A decision by the Zoning Officer to reject an application for any reason, including without limitation, a failure to comply with the requirements of this chapter shall be deemed a determination, subject to appeal in accordance with the requirements of Article IX of the MPC.[1]
[1]
Editor's Note: See 53 P.S. § 10901 et seq.
E. 
Issuance of applicable permits.
(1) 
At least one copy of a permit shall be retained in Township files, and one copy of a permit card shall be retained by the applicant and shall be produced by the applicant upon the request of the Zoning Officer.
(2) 
PennDOT permit. Where necessary for access onto a state highway, neither a Township building permit or a Township occupancy permit shall be issued unless a required PennDOT highway occupancy permit has been issued.
(3) 
Pennsylvania Department of Labor and Industry ("DOLI") approval. Where applicable, the Township may require that an applicant receive approval from the DOLI prior to the issuance of any permit. It is intended that any required inspection by DOLI shall occur prior to, or at the same time as, the issuance of a Township permit.
(4) 
Department of Agriculture and Pennsylvania Department of Environmental Protection. If applicable, the Township may require, prior to issuance of a permit, that an applicant receive approval from these agencies, and that any required inspections by these agencies occur prior to, or at the same time as, the issuance of a Township 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 this chapter upon the occurrence of one or more of the following:
(a) 
A violation of 18 Pa.C.S.A. § 4904, relating to "Unsworn falsification to authorities";
(b) 
A violation of any condition lawfully imposed by order of the Zoning Hearing Board or by order of the Board of Supervisors upon conditional approval of a conditional use;
(c) 
The performance of any work upon or the use of land or structures in a manner that violates this chapter, or an approved site plan, or approved permit application;
(d) 
The occurrence of just cause set forth in this chapter; or
(e) 
Violation of Chapter 242, Floodplain Management, or Chapter 375, Subdivision and Land Development, of the Code of the Township of North Whitehall.
(2) 
Other laws. Unless proven to the contrary by the applicant to the satisfaction of the Zoning Officer, the Zoning Officer may refuse to issue a permit under this chapter, if he or she has knowledge or a reasonable belief that such a use or structure would violate another township, state or federal law, regulation, or ordinance.
(3) 
Appeals. A person with standing may appeal decisions or determinations made under this chapter in accordance with Article IX of the Pennsylvania Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 10901 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) 
A temporary use that meets the requirements of this chapter;
(b) 
Customary, routine and accessory short-term special events, provided that:
[1] 
The application is submitted by a nonprofit organization or a place of worship and proposes a temporary use serving a charitable, public, or religious purpose and proposing commercial-type activities in a district where a commercial use would not otherwise be permitted; and
[2] 
The permit proposes a time period consistent with § 440-10G(3) below;
(c) 
Temporary construction-related trailers, structures and uses;
(d) 
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 routine, accessory uses such as a home wedding, a community festival or a festival by a place of worship, or a limited sale within the lot of another, 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) 
Such other activities that the applicant proves to the satisfaction of the Zoning Officer involve a customary temporary use involving similar circumstances to § 440-10G(1)(a) through (f) above.
(2) 
Removal. A temporary structure or use shall be removed upon expiration of the permit at the cost of the applicant or landowner. If the structure or use is not removed in a timely manner, then following notification, the Township (or other entity designated by the Township) may remove the use or structure at the cost of the landowner. Prior to the issuance of a permit for the temporary use or structure, the Zoning Officer shall require an applicant who is not the landowner to present a statement from the landowner acknowledging his/her knowledge of, and consent to, the application and acceptance of the responsibility to ensure that the use or structure is removed upon expiration of the permit.
(3) 
Time period. The life of a temporary permit shall be designated by the Zoning Officer on the permit. If no time limit is stated, a 60-day maximum time period shall apply. A temporary permit may be renewed for good cause shown.
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 revised by the applicant without the written consent of the Zoning Officer or Township as applicable.
(2) 
Revisions to an application or permit approved by the Zoning Hearing Board or by the Board of Supervisors shall require approval by such bodies where the Zoning Officer or other Township Official determines that such changes materially affect matters within their approval.
A. 
Upon receipt of a complete application, the Zoning Officer shall either 1) issue the applicable permit(s); or 2) deny the application(s) in writing. If other Township approvals are required in addition to the permit, the Zoning Officer may 1) refuse to accept an application for a permit until such other approvals are received; 2) consider a permit application to be incomplete until such other approvals are received; or 3) condition a permit upon the issuance of other required Township approvals. An incomplete application may be rejected by the Zoning Officer or other Township Official.
B. 
Reviews. Certain activities require review and/or approval of the Zoning Hearing Board and/or of the Board of Supervisors, and in some cases require the review and recommendations of the Planning Commission with respect to the action sought.
C. 
Appeal. Appeals shall be taken in accordance with the requirements of Article IX of the MPC.[1]
[1]
Editor's Note: See 53 P.S. § 10901 et seq.
D. 
After a permit issued under this chapter has been received by the applicant, the applicant may undertake the authorized activity, subject to compliance with other Township ordinances. Issuance of a permit under this chapter may be subject to the right of appeal by third parties, and commencement of permitted activities 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 or the provisions of another Township ordinance control a particular matter, the more restrictive provision shall apply. The provisions of this chapter are in addition to any other applicable Township ordinance.
B. 
Illustrations. Illustrations contained in this chapter are for illustrative purposes only and are not regulatory.
C. 
Interpretation of ordinance text and boundaries.
(1) 
The Zoning Officer shall apply the wording of this chapter literally and the location of all district boundaries to particular applications.
(2) 
If an applicant disagrees with the Zoning Officer's determination, the applicant may appeal to the Zoning Hearing Board in accordance with the requirements of Article IX of the MPC[1] and this chapter.
[1]
Editor's Note: See 53 P.S. § 10901 et seq.
D. 
Where a word or phrase is not defined in this chapter, the ordinary meaning of the word or phrase, as defined in Merriam-Webster's Collegiate Dictionary, Eleventh Edition, shall control.
E. 
Interpretation of zoning boundaries. See § 440-35.
All of the enforcement procedures and remedies as set forth in Articles VI[1] and IX[2] of the MPC shall be available to the Township and the Zoning Officer. The following provisions shall apply unless a differing provision is specifically stated in the Pennsylvania Municipalities Planning Code.[3]
A. 
If the Zoning Officer believes that a violation of a provision of this chapter has occurred or is occurring, the Zoning Officer shall initiate enforcement proceedings by issuing an enforcement notice as provided herein. Prior to sending an enforcement notice, the Zoning Officer may at his or her option notify the owner of record or other person of a suspected or known violation and request information or voluntary compliance as the case may be.
B. 
The enforcement notice shall be sent to the owner of record and occupant (if different from the landowner) of the parcel on which the violation has occurred and to any other person who has filed a written request to receive enforcement notices regarding the subject parcel.
C. 
The 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 has not been met, citing applicable provisions of this chapter;
(4) 
The date by which full compliance must be achieved;;
(5) 
That the recipient of the notice has the right to appeal to the Zoning Hearing Board within 30 days of receipt of the notice; and
(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. § 10601 et seq.
[2]
Editor's Note: See 53 P.S. § 10901 et seq.
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
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 consider a written request of any person or the Planning Commission.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B. 
Hearing and notice. Before voting to enact an amendment, the Board of Supervisors shall hold a public hearing, pursuant to public notice as required by the MPC.
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 in accordance with the MPC.
(2) 
LVPC review. The Township shall submit the proposed amendment to the Lehigh Valley Planning Commission (LVPC) for recommendations in accordance with the MPC.
D. 
Changes after a hearing. See the relevant section of the Pennsylvania Municipalities Planning Code, as amended.
E. 
Landowner amendment. Any landowner or person with standing may submit to the Township a petition requesting an amendment of this chapter. The petition shall set forth the wording of the proposed amendment or in the case of a map amendment the location of the change. The petition shall also contain the following:
(1) 
A statement of why the change is in the best interests of the Township and consistent with the public health, safety, and general welfare;
(2) 
A statement of how the proposal relates to the Township Comprehensive Plan;
(3) 
A statement addressing any adverse effects on adjacent residences or residential zoning districts;
(4) 
A statement addressing the potential for traffic access or congestion concerns;
(5) 
A map showing the proposed boundary of any proposed map changes, the existing zoning of the land and adjacent lands, and the current uses of adjacent properties;
(6) 
A statement explaining any proposed extensions of infrastructure and other major improvements accompanying the change or the availability of the same;
(7) 
Any other information deemed relevant and in support of the petition; and
(8) 
Payment of the fees as set forth in the Township's fee schedule to offset the costs of the Township and its professional consultants in reviewing, preparing, and, if necessary, hearing the proposed amendment.
F. 
Traffic impacts of zoning amendments. The Township may require that an applicant provide a traffic impact study by a qualified traffic engineer. The 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 proposed or anticipated.
G. 
Notification of proposed map amendment. In addition to the requirements of the MPC, a petitioner for a map amendment, at least 30 days prior to the hearing, shall mail written notice of the proposed change to: 1) all owners of record of all property proposed to be rezoned (other than the petitioner); 2) all owners of property abutting the land to be rezoned; and 3) the municipal Secretary of any adjoining municipality whose boundaries are within 300 feet of the property to be rezoned. Such notice shall include the hearing date and time and a Township official to contact for more information.
A. 
Submittal. The submittal of, and action upon, a request for a curative amendment shall be governed by Article IX of the MPC.[1]
[1]
Editor's Note: See 53 P.S. § 10901 et seq.
B. 
Curative fees. Fees in connection with a proposed curative amendment shall be paid in accordance with the current Township fee schedule.
C. 
Municipal curative amendments. Municipal curative amendments shall be governed by Article IX of the MPC.
A. 
Appointment. The Zoning Officer(s) shall be appointed by the Board of Supervisors and shall not hold any elective office within the Township.
B. 
Duties and powers. The Zoning Officer's duties and powers shall include the following:
(1) 
Administration of this chapter, including receipt and examination of all applications required by this chapter and the issuance or refusal of permits in accordance with this chapter;
(2) 
Performance of inspections to determine compliance with, and receive complaints of violations concerning, 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) 
Maintain records of applications, permits, certificates, written decisions, and orders by the Zoning Hearing Board and Board of Supervisors, and enforcement of the same, with all such records being the property of the Township and being available for public inspection in accordance with applicable law;
(4) 
Administer the Zoning Ordinance in accordance with its literal terms, without the power to authorize any activity which does not conform with this chapter;
(5) 
Review land development plans in accordance with Article V of the MPC for compliance with this chapter; and
(6) 
Issue letters or other written communications requesting compliance, issue stop-work orders, cease-and-desist orders, and enforcement notices and prosecute enforcement actions as authorized by the MPC; and
(7) 
Request assistance from the Township Solicitor and other Township professional consultants as he or she shall deem appropriate.
A. 
Membership. The Zoning Hearing Board shall consist of three residents of the Township appointed by resolution of the Board of Supervisors. The existing terms of office shall continue, with terms of office being three years, and with the terms being fixed so that the term of office of one member shall expire each year. Members shall hold no other office in the Township.
(1) 
Alternate members. The Board of Supervisors shall appoint two alternate members of the Zoning Hearing Board.
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. A 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 requests it in writing.
D. 
Organization. The applicable provisions of the MPC[1] shall apply. The Board may establish rules and hearing procedures not inconsistent with the requirements of the MPC.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
E. 
Zoning Hearing Board jurisdiction. The jurisdiction of the Zoning Hearing Board shall be as set forth in Article IX of the MPC. The foregoing notwithstanding, the Zoning Hearing Board shall hear the following appeals and applications:
(1) 
Appeal of a Zoning Officer determination.
(a) 
The Board shall hear and decide timely appeals where it is alleged that the Zoning Officer has failed to follow prescribed procedures or has misinterpreted or misapplied a provision of this chapter.
(b) 
An appeal from a Zoning Officer determination shall follow the procedures contained in the MPC.
(2) 
Challenge to the validity of this chapter or a provision thereof or a challenge to 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 provided that it is consistent with the criteria set forth in the MPC and decisional law.
(c) 
In granting a variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purpose and intent of this chapter.
(4) 
Special exception.
(a) 
The Board shall hear and decide requests for a special exception 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 Board may attach such reasonable conditions and safeguards, in addition to those stated in this chapter, as it may deem necessary to implement the purposes and intent of this chapter.
(5) 
Persons with disabilities. The Zoning Hearing Board shall grant a special exception authorizing modification(s) to specific requirements of this chapter where the applicant proves to the satisfaction of the Board that such modification(s) are necessary to provide a reasonable accommodation in accordance with the Americans With Disabilities Act, the Federal Fair Housing Act, and/or applicable State law to serve persons with "disabilities" as defined in and protected by such laws.
(6) 
The Zoning Hearing Board shall hear all other matters over which it is granted jurisdiction by the MPC.
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 the applicable permits shall be secured by the applicant within 12 months following the date of such approval or authorization. In the event such approval or authorization is appealed, the above time limits shall commence on the date of entry of a final court order. The work authorized by such permits shall commence within 12 months of the issuance of the permits. Construction of a building or structure shall be completed within 12 months of commencement of construction of such building or structure.
(a) 
Township approvals. If after a variance is approved or other zoning approval is official authorized which requires the filing of a plan under Article V of the MPC, then the applicant shall submit complete plans for land development approval within 12 months following the date of such approval or authorization. In the event such approval or authorization is appealed, the above time limits shall commence on the date of entry of a final court order.
(b) 
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. Upon application and for good cause shown, the Zoning Hearing Board may extend an approval for a period of up to 12 months. The application must be filed prior to the expiration of the current 12-month period. All renewals of building and zoning permits require payment of a new application fee at the time of renewal in accordance with the current Township fee schedule.
(3) 
If an applicant fails to obtain the necessary permits or approvals within the time periods specified in this subsection, the applicant shall presumed to have waived, withdrawn or abandoned such approvals and permits and all such approvals and permits shall become null and void.
A. 
The Zoning Hearing Board shall conduct hearings and make decisions in accordance with the following:
(1) 
Notice of hearings shall be provided in accordance with the MPC.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(2) 
Where posting of property is required, it shall be the responsibility of the applicant to ensure that such notice is posted, and that the notice remains posted until the hearing.
(3) 
At the time of filing an application or appeal, the applicant shall provide to the Township a list of all landowners within 300 feet of the property lines of the subject property. The Township shall endeavor to provide notice to the last known owner of record on each such property; however, the failure to provide such notice shall not be grounds for an appeal.
(4) 
The Zoning Officer may provide notice to adjacent municipalities and regional planning commissions where an appeal has or may have regional impacts.
(5) 
In any matter which involves property which lies within 250 feet of the boundary of another municipality, except boundaries separated by a perennial river, and which it is determined that the matter may have a significant impact on that municipality, the Zoning Officer shall provide notice to that municipality, and representatives of that municipality shall have the right to appear and be heard at the hearing.
B. 
Parties to 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 each person who wishes to be considered a party enter an appearance, in writing, on a form provided by the Board.
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, 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. A party shall be represented by counsel where required by Pennsylvania law, and a failure to retain counsel may provide grounds for dismissal of the appeal or application.
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. The Board may take judicial notice of all matters as authorized by Pennsylvania law.
F. 
Communications outside of hearings.
(1) 
The Board shall not meet with, visit the site with or directly communicate specifically on the matter with 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. 
Time for hearings. A hearing required under this chapter shall be commenced within the time required by MPC, unless the applicant has agreed in writing to an extension of time. Subsequent hearings shall be held within the time frames required by the MPC, unless the applicant has agreed to an extension of time.
H. 
Decisions.
(1) 
The Board shall issue a written decision or make written findings (when no decision is called for) within the time frames required by the MPC, unless the applicant has agreed in writing to an extension of time.
(2) 
The form and contents of the decision shall be in accordance with the requirements of the MPC.
I. 
Issuance of the decision. A copy of the decision or the findings (when no decision is called for) shall be delivered or mailed to the applicant or his or her representative at the addresses provided in the appeal or application within the time period established by the MPC.
A. 
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 conditional use or land development.
B. 
Site plan procedures. The following procedures shall apply to a use required to be reviewed under this § 440-23:
(1) 
Submission. A minimum of 17 copies plus one electronic copy of the required site plan shall be submitted to the Township. The Zoning Officer shall refuse to accept an application if it does not include the required fee and fails to contain sufficient information to determine compliance with this chapter. The site plan shall include the information listed in this § 440-23. The Zoning Officer may submit the site plan to Township professional consultants for review and comment.
(2) 
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 advisory comments, in writing, to the Zoning Officer.
(4) 
The Zoning Officer shall consider all comments and review the site plan and determine whether it complies with this chapter.
(5) 
The site plan may be reviewed at a public meeting of the Board of Supervisors and/or Planning Commission.
Site plans filed in accordance with §§ 440-23, 440-25 (conditional use) and 440-26 (special exception uses) shall contain at the least the following information, where relevant:
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 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 is intended to be phased, all phases shall be shown.
C. 
Landscaping. The size of any buffer yards and berms and the heights, spacing and general species of plant materials to be used for screening and other purposes, and with respect to parking lots and streets, the general numbers, locations, and types of plant materials.
D. 
Parking. The location, size, and numbers of parking spaces (including handicap spaces) and off-street loading spaces; the off-street parking and loading area design including the location and widths of aisles; and the location and sizes of off-street loading areas, together with the method used to calculate off-street parking and loading spaces.
E. 
Lighting and signs. The height, location and approximate intensity of exterior lighting and with respect to signage, the sign area, height, location and general method of lighting.
F. 
Sidewalks. The location of proposed sidewalks (with width), curbs, and trails.
G. 
Utilities. A note stating the proposed method of providing wastewater treatment and water supply and, if relevant, the provider of each service.
H. 
Nuisances and hazards. 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 (by different colors) of any slopes between 15% and 25% and greater than 25% proposed to be impacted. Proposed method of managing stormwater runoff and delineation of any wetlands, streams, lakes, and floodplains.
J. 
Approximate lot lines of abutting lots within 50 feet of the subject property, with identification of abutting land uses.
K. 
Zoning district and major applicable requirements.
L. 
Full name and complete address of the person preparing the site plan, the applicant, the landowner and the standing of the applicant to submit the site plan if not the owner of record.
M. 
A location map which clearly shows the location of the subject property and the adjacent streets.
N. 
Such other data or information as the Zoning Officer deems necessary to determine compliance with Township Ordinances.
* 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. Uses that are permitted by this chapter as conditional uses shall be required to follow the review and zoning approval procedures described in this § 440-25.
B. 
Procedure.
(1) 
A conditional use application shall not be officially accepted for review until other, necessary zoning relief, including, without limitation, variance or special exception approval is obtained.
(2) 
Submission. A minimum of seven complete paper copies plus one electronic copy of a required site plan meeting the requirements of § 440-24 shall be submitted. 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 include the required fee.
(3) 
Applicant's distribution. Unless reviewed separately under Chapter 375, Subdivision and Land Development, the applicant shall submit one copy of the site plan to any central water or sewer provider within three working days of submitting the application to the Township.
(4) 
Township distribution. The Zoning Officer shall distribute copies of the site plan to the Planning Commission, the Board of Supervisors, the Township emergency services and the Township professional consultants. A minimum of one copy shall be retained in the Township files.
(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.
(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.
(7) 
Hearing. The Board of Supervisors shall conduct a public hearing on the conditional use application and issue a decision in accordance with the requirements of the MPC.
(8) 
Approval. The Board of Supervisors shall approve, conditionally approve or deny the conditional use application. In approving 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 and intent of this chapter.
(9) 
Decision. The decision of the Board of Supervisors shall be in writing within 45 days and shall be delivered to the applicant pursuant to the provisions of the Municipalities Planning Code, as amended.
C. 
Burden of proof. The applicant shall have the burden of proving compliance with the following:
(1) 
Any specific standards for the proposed use listed in § 440-40;
(2) 
Other applicable sections of this chapter;
(3) 
Chapter 375, Subdivision and Land Development, as applicable, except that engineering details regarding compliance with such Chapter may be addressed as part of a subsequent approval under such Chapter; provided that such engineering details are not material to the application; 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 a potential for conflicts with other 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 and the necessary fee. 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 he or she does not deem intense and other uses which do not involve new buildings or additional off-street parking.
(2) 
All site plans shall contain the information required in §§ 440-10D and 440-24.
(3) 
A minimum of one copy shall be retained in the Township files.
(4) 
The Zoning Officer shall, prior to the next Zoning Hearing Board meeting at which the application will be heard, review the site plan to determine compliance with this chapter and provide a written report to the Zoning Hearing Board. In addition, the Planning Commission shall be given an opportunity for an advisory review of all special exception applications, other than general home occupations. Official comments by the Planning Commission shall be provided in writing to the Zoning Hearing Board and the applicant at the final hearing in the matter.
(5) 
The Board shall hear and decide the 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 conduct hearings and 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 issued to the applicant and any other parties in accordance with the Pennsylvania Municipalities Planning Code, as amended.
C. 
Burden of proof. The applicant shall have the burden of proving compliance with the following:
(1) 
Any specific standards for the proposed use listed in § 440-40.
(2) 
Other applicable sections of this chapter; and
(3) 
Compliance with all of the following standards:
(a) 
Other laws. That the use will not be in conflict with other Township Ordinances or State or federal laws or regulations.
(b) 
Traffic. That the use will not cause or substantially add to a significant traffic hazard or significant traffic congestion.
(c) 
Safety. 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. Absent special concerns, stormwater shall not be a criteria of a decision under this chapter if the application will 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.
(e) 
Neighborhood. The use will not have a significant, negative effect on the character of an existing residential neighborhood. This standard shall not apply to normal agricultural operations as defined by the state law and regulations.
(f) 
Site planning. The use will include adequate site design methods, including 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.
(g) 
Performance standards. The use will comply with the performance standards of this chapter, as stated in Article V.
(h) 
Preservation. The use will avoid or minimize negative impacts to historic buildings and archaeological concerns.
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 purpose and intent of this chapter.
The following 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. Maintenance of riparian buffers and preserving 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 utility lines 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 and archaeological sites. Avoid demolition of historic buildings and seek to maintain attractive architectural features of older buildings. Preserve archaeological sites.
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.
A. 
Prior to the issuance of a building permit and the beginning of construction on any individual lot or parcel within the Township, all applicants shall submit to the Zoning Officer for review and approval four copies of the final plot plan, grading plan, and erosion and sedimentation control plan. The Zoning Officer may consult with the Township Engineer on all submissions.
B. 
The plan submitted shall be drawn at a scale of one-inch equals 20 feet.
C. 
The design of all grading plans shall divert surface runoff away from principal buildings, driveways, walkways and on-lot sewage disposal systems, without directing runoff toward sensitive neighboring parcels.
D. 
In cases where basic grading provisions have been defined during site plan or subdivision plan approval by the Township, the lot-specific grading plan shall conform to said basic grading plan provisions to the extent that conformity shall be practicable.
E. 
All plot plans and grading plans submitted pursuant to this chapter shall contain the following specific information:
(1) 
All property lines shall be defined by bearings and distances or curve data.
(2) 
Existing and proposed contour elevation lines shall be at maximum intervals of two feet.
(3) 
Spot elevations shall be provided for the following: first floor level of any structure; garage floor elevation and pitch; any door, window opening and basement door; primary and secondary on-lot sewage disposal systems; finished street elevations at point of entry; finish drive elevations at point of intersection of center lines; intersection with gutters and such other areas as deemed necessary by the Township. Spot elevations shall be at a maximum of 50-foot intervals.
(4) 
Bench marks shall be provided on every plan.
(5) 
North arrow reference, a readable location map, easements and right-of-way areas within or adjacent to the subject property shall be depicted.
(6) 
Location, size and elevations of all existing or proposed storm drainage structures or swales within or adjacent to the subject parcel shall be provided.
(7) 
Lot numbers, addresses, and names of the owners of record of all adjoining lots and names of adjoining streets shall be provided.
(8) 
Locations of all percolation test holes, soil probes, and wells, and location and legal descriptions of primary and secondary on-lot sewage disposal systems, along with isolation distances, shall be provided.
(9) 
The exact location and dimensions of any proposed structure, accessory structure, road and driveway, along with tie-in dimensions to property lines, shall be provided.
(10) 
Building footprint, including all wall dimensions necessary to lay out the shape of the building, shall be provided.
(11) 
Street cartway and right-of-way lines shall be shown and dimensioned on the plan.
(12) 
For all corner lots, a dimension shall be given from the center line of the proposed driveway to the center line of the parallel street, and the clear sight triangle easement and all driveways and clear site triangles shall be shown on the plan.
(13) 
Location, size and detailed calculations of dry wells, leech areas, and other stormwater control measures shall be delineated.
(14) 
Erosion and sedimentation control measures, and sequence of operations, shall be included.
(15) 
The plan shall be sealed by an engineer or surveyor.
(16) 
Any type of basement pump or foundation drainage system must be noted on the plan, and the methods to be employed to prevent road shoulder erosion, prevention of water entering onto the rights-of-way, and the prevention of damage to neighboring properties shall be listed. Designs and methods for handling the discharge of water must be submitted with the plot plan and lot grading plan.
F. 
No residential, commercial or industrial building permits shall be issued and no construction shall commence on any individual lot within the Township unless and until the provisions of this chapter have been complied with, and unless and until the Township Engineer has reviewed and approved the individual plot or grading plan.
G. 
The fee charged for review of plot plans and grading plans shall be established by resolution of the Board of Supervisors.
H. 
The applicant's engineer or surveyor shall document and certify that the construction of all aspects of the project, including but not limited to on-lot stormwater management facilities, have been designed and constructed in conformance with the approved grading plan. This documentation may be in the form of a certificate of completion and compliance or a statement of completion and compliance on the as-built drawing. Each document must be signed and sealed by the providing engineer or surveyor.