NORTH WHITEHALL TOWNSHIP

Transcription

1 NORTH WHITEHALL TOWNSHIP ZONING ORDINANCE 2002

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3 ZONING ORDINANCE NORTH WHITEHALL TOWNSHIP LEHIGH COUNTY, PENNSYLVANIA Adopted by the Township of North Whitehall Board of Supervisors ORDINANCE December 4, 2002

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5 NORTH WHITEHALL TOWNSHIP OFFICIALS 2002 Planning Commission Board of Supervisors Township Solicitor William George, Chairperson James Morris, Vice-Chair Bruce Stettler, Secretary Richard Celmer Craig Snyder Ronald J. Heintzelman Brian Horwith Leonard Nuss John Barto, III Ronald E. Stahley, Chairman Terry Stoudt, Vice-Chair Ronald J. Heintzelman Township Secretary/Treasurer Barbara Schwartz Lisa A. Young, Esquire Township Engineers Keystone Consulting Engineers (General Planning and Sewage Facilities Planning) Lehigh Engineering (Traffic) Spotts, Stevens and McCoy (Special Projects) Zoning Hearing Board Richard Benjamin, Chair Michael Basta Dennis Klusaritz Planning Administrator Nancy Zimmerman Zoning Officer Ken Nicholson Sewage Enforcement Officer Scott Bieber Zoning Hearing Board Solicitor Steven Miller, Esquire

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7 CONTENTS PAGE TITLE, SEVERABILITY, ENACTMENT... vi ARTICLE I ADMINISTRATION APPLICABILITY OF THIS ORDINANCE PURPOSES AND OBJECTIVES PERMITS AND CERTIFICATES GENERAL PROCEDURE FOR PERMITS INTERPRETATION AND SIMILAR USES ENFORCEMENT, VIOLATIONS AND PENALTIES FILING FEES, COSTS AND SUBMISSION DEADLINES AMENDMENTS TO THIS ORDINANCE CURATIVE AMENDMENTS ZONING OFFICER ZONING HEARING BOARD ACTIONS AND VARIANCES BOARD HEARINGS AND DECISIONS APPEALS TO COURT LIMITED PUBLIC UTILITY EXEMPTIONS LIMITED TOWNSHIP AND MUNICIPAL AUTHORITY EXEMPTION SITE PLAN REVIEW PROCEDURES FOR PAVED AREAS SUBMISSION REQUIREMENTS FOR CERTAIN SITE PLANS CONDITIONAL USE PROCESS SPECIAL EXCEPTION USE PROCESS SITE PLANNING GUIDELINES LIABILITY ARTICLE II DEFINITIONS GENERAL INTERPRETATION TERMS DEFINED ARTICLE III DISTRICTS DESIGNATION OF DISTRICTS AND PURPOSES APPLICATION OF DISTRICT REGULATIONS ZONING MAP DISTRICT BOUNDARIES SETBACKS ACROSS MUNICIPAL BOUNDARIES TABLE OF PERMITTED USES BY DISTRICT TABLE OF LOT AND SETBACK REQUIREMENTS BY DISTRICT USE, ACCESS AND OTHER REQUIREMENTS WITHIN THE PC DISTRICT ADDITIONAL REQUIREMENTS WITHIN THE LI/B DISTRICT i

8 CONTENTS (Contd.) PAGE ARTICLE IV ADDITIONAL REQUIREMENTS FOR SPECIFIC USES APPLICABILITY ADDITIONAL REQUIREMENTS FOR SPECIFIC PRINCIPAL USES ADDITIONAL REQUIREMENTS FOR ACCESSORY USES ARTICLE V ENVIRONMENTAL PROTECTION EARTHMOVING, FILLING AND GRADING NUISANCES AND HAZARDS TO PUBLIC SAFETY WETLANDS SETBACKS AND BUFFERS FROM SURFACE WATERS STEEP SLOPES STORAGE OF HAZARDOUS AND NUISANCE-CAUSING SUBSTANCES SEWAGE DISPOSAL NOISE VIBRATION ODORS, DUST AND AIR AND WATER POLLUTION LIGHT, GLARE AND HEAT CONTROL PLACEMENT AND SCREENING OF WASTE CONTAINERS AND OUTDOOR MACHINERY AND FENCING OF STORAGE ELECTRICAL INTERFERENCE PRESERVATION OF TREES AND FORESTS FLOOD-PRONE AREAS ARTICLE VI OFF-STREET PARKING AND LOADING REQUIRED NUMBER OF PARKING SPACES GENERAL REGULATIONS FOR OFF-STREET PARKING DESIGN STANDARDS FOR OFF-STREET PARKING PARKING AND STORAGE OF JUNK AND UNREGISTERED VEHICLES OFF-STREET LOADING ARTICLE VII SIGNS APPLICABILITY NONCONFORMING SIGNS MISCELLANEOUS SIGNS NOT REQUIRING PERMITS FREESTANDING, WALL AND WINDOW SIGNS ABANDONED OR OUTDATED SIGNS LOCATION OF SIGNS ILLUMINATION OF SIGNS VEHICLES FUNCTIONING AS SIGNS PROHIBITED SIGNS CONSTRUCTION OF SIGNS MEASUREMENT AND MAJOR TYPES OF SIGNS OFF-PREMISE SIGNS (Including Billboards) SIGNS IDENTIFYING MAJOR RESIDENTIAL OR BUSINESS DEVELOPMENTS ii

9 CONTENTS (Contd.) ARTICLE VIII GENERAL REGULATIONS 8-1 PAGE 801. FRONTAGE ONTO IMPROVED STREET; NUMBER OF USES OR BUILDINGS;... MINIMUM SIZE OF DWELLINGS HEIGHT EXCEPTION; AIRPORT APPROACHES SPECIAL LOT AND YARD REQUIREMENTS, SIGHT DISTANCE AND... BUFFER YARDS LANDSCAPING ESTABLISHMENT OF FUTURE/ULTIMATE RIGHT-OF-WAY WIDTHS FOR STREETS NON-CONFORMITIES TEMPORARY STRUCTURE OR USE RECREATION LAND, OPEN SPACE AND FEES REQUIREMENTS INDUSTRIAL AND COMMERCIAL DRIVEWAYS STREET ACCESS; HIGHWAY FRONTAGE DEVELOPMENT POSTING OF STREET ADDRESS TRAFFIC IMPACT STUDY COMMON OPEN SPACE; HOMEOWNERS ASSOCIATIONS ; CONDOMINIUM OWNERSHIP; CONSTRUCTION OF ATTACHED HOUSING WATER SERVICE COMPARABLE USES ARTICLE IX CLUSTER DEVELOPMENT PURPOSES APPLICABILITY REDUCTION OF LOT WIDTH AND LOT AREA OTHER REQUIREMENTS CONDITIONS FOR APPROVAL OPEN SPACE USES STEEP SLOPES ACCESS PHASING ARTICLE X AREAS SUBJECT TO FLOODING AREAS SUBJECT TO FLOODING ARTICLE XI BUILDING PERMIT REQUIREMENTS BUILDING PERMIT REQUIREMENTS INDEX ZONING MAP STREET CLASSIFICATION MAP...Inserts at end iii

10 USING THIS ORDINANCE: AN OVERVIEW This Ordinance was developed under the authority of the State law entitled the "Pennsylvania Municipalities Planning Code." These two pages describe the most efficient way to use this Ordinance. These pages are general descriptions, but are not part of the actual Ordinance. Start by using the following parts of the Zoning Ordinance: Turn to the Table of Contents, the General Index and the Index of Uses (at the end of the document) to find the pages and sections that apply to your particular situation. You may wish to photocopy the Table of Contents to highlight the relevant sections. Consult the Zoning Map at the end of this Zoning Ordinance to determine the zoning district your lot is in. Turn to Section 306, the Table of Permitted Uses By Zoning District, which indicates the uses permitted in each zoning district. A use is permitted in three ways: a) by right, b) by special exception (the Zoning Hearing Board must approve the use, as described in Section 119), or c) by condition (the Board of Supervisors must approve the use after review by the Planning Commission as described in Section 118). Turn to Section 307, the Table of Lot and Setback Requirements By Zoning District. This table states the required minimum size of each lot and the required minimum distance that structures must be from streets and other lot lines in each zoning district. Regularly refer to the Definitions in Article II to determine the meaning of specific words. If a lot is already being legally used for a particular purpose and that use is not permitted in the zoning district according to Section 306, that use is called a "Non-Conforming Use". In almost all cases, a lawful Non-Conforming Use can continue, can expand within limits, can change to another use within limits or can be sold. See Section 806 -"Non-Conformities." Certain specific uses must comply with additional requirements. The additional requirements for certain "principal uses" (which are the primary use of a property) are listed in alphabetical order in Section 402. The additional requirements for certain "accessory uses" (which are secondary uses) are listed in alphabetical order in Section 403. For example, additional regulations are listed for garages and other structures typically found on a residential lot under "Residential Accessory Structures" in Section 403. iv

11 Turn to the following parts of the Zoning Ordinance if your lot may be flood-prone or steeply sloped: If your lot is low-lying or near a creek or drainage channel, study the Floodplain Map in the Township Building. This map shows areas expected to flood in an average 100-year period (called the "100-Year Floodplain"). If a tract is within the 100-year Floodplain, the regulations of Section 515 need to be met. An applicant also should consult a professional to determine whether any Wetlands are present on the tract. If so, Federal and State wetland regulations must be complied with if the wetlands are to be altered or filled in any manner. If your lot is partly or entirely steeply sloped, see Section 505. Turn to the following sections for regulations concerning parking, signs and buffer yards: Many uses must provide minimum numbers of off-street Parking spaces under Section 601 of this ordinance. The parking standards are listed in a table. If Signs are proposed within public view, Article VII must be met. This article lists the types, heights and sizes of signs that are permitted. Certain uses are required to provide an open Buffer Yard with Evergreen Screening to buffer nearby homes and adjacent residentially zoned land from nuisances. See Section 803. The following two major considerations should be kept in mind when using this Ordinance: An applicant may apply to the Township Zoning Hearing Board for a Zoning Variance if he/she is not able to comply with a provision of this Zoning Ordinance. An application fee is required to compensate the Township for legal advertisements and other costs. See Section 111, which includes the standards that must be met under State law in order to be granted a variance. If one or more new lots will be created, or existing lot lines will be altered or one or more new principal non-residential buildings are proposed, then the requirements and approval procedures of the Township Subdivision and Land Development Ordinance will also apply. This is a separate ordinance available at the Township Building. v

12 NORTH WHITEHALL TOWNSHIP ZONING ORDINANCE TITLE; ENACTMENT; SEVERABILITY 1. TITLE. 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 Ordinance in accordance with the Pennsylvania Municipalities Planning Code, 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 e) establishing provisions for the protection of certain natural features. 2. SHORT TITLE. This Ordinance shall be known and be cited as the "North Whitehall Township Zoning Ordinance" of SEVERABILITY. It is hereby declared to be the legislative intent that: 3.A. If a court of competent jurisdiction declares any provisions of this Ordinance 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 Ordinance shall continue to be separately and fully effective. The Board of Supervisors hereby declares that it would have passed this Ordinance and each section or part thereof irrespective of the fact that any one or more sections or parts thereof be declared invalid. 3.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. 4. PROCEDURAL DEFECTS IN ENACTMENT. Allegations that this Ordinance 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. 5. REPEALER. The pre-existing 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 Ordinance that are clearly in direct conflict with this Ordinance. vi

13 6. The North Whitehall Township Mobile Home Park Ordinance was repealed in Ordinance Number 82-1 regarding Airport Approaches shall remain fully in effect. 6. ENACTMENT. Under the authority conferred by the Pennsylvania Municipalities Planning Code, as amended, the Board of Supervisors of North Whitehall Township hereby enacts and ordains into an Ordinance the attached document this date of December 4, This Ordinance shall become effective in 5 calendar days. Date of Planning Commission Public Meetings: August 27, 2002 and September 24, Date of Board of Supervisors Public Hearing: December 4, Chairperson, Board of Supervisors Attest, Township Secretary vii

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15 ARTICLE I 1 ADMINISTRATION 101. APPLICABILITY OF THIS ORDINANCE. 101.A. 101.B. 101.C. Any activity regulated by this Ordinance shall only occur in such a way that conforms with the regulations of this Ordinance. See Section 103.A. This Ordinance regulates matters authorized by Section 603 "Ordinance Provisions" of the Pennsylvania Municipalities Planning Code, or such successor section. All readers maintain the responsibility to procure the latest amendments to this Ordinance PURPOSES AND OBJECTIVES. This Ordinance is hereby adopted: 102.A. 102.B. 102.C. 102.D. 102.E. 102.F. in accordance with the requirements and purposes (including Sections 604 and 605 or their successor section(s), which are included by reference) of the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended, 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, in consideration of the character of the Township, its various parts and the suitability of the various parts for particular uses and structures, to provide for a safe reliable and adequate water supply, 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 to assist in carrying out the purposes and provisions of the Constitution of the Commonwealth of Pennsylvania (especially Article I, Section 27), the Pennsylvania Floodplain Management Act, Pennsylvania Storm Water Management Act, Pennsylvania DEP regulations on erosion and sedimentation control, Pennsylvania Dept. of Transportation regulations on highway access control and other relevant Federal and State laws, regulations, official policies and relevant Court decisions PERMITS AND CERTIFICATES. 103.A. Applicability. 1. Any of the following activities or any other activity regulated by this Ordinance shall only be carried out in conformity with this Ordinance. a. Erection, construction, movement, placement or extension of a structure, building or sign, b. Change of the type of use or expansion of the use of a structure or area of land, c. Creation of a lot or alteration of lot lines, d. Earthmoving activities as provided in Section 501, and/or e. Creation of a new use. ADMINISTRATION 1-1

16 ADMINISTRATION Cont. 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 Ordinance 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 subsection "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 Section 501 of this Ordinance, and/or 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 the Township Floodplain Ordinance, 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 Section 202, 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 comply 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 Townshipowned 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: ADMINISTRATION 1-2

17 ADMINISTRATION Cont. 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 ordinance as the Zoning Permit, Building Permit, and Use and Occupancy Permit, respectively. 103.B. 103.C. 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 Ordinance. However, such work may require a permit under the Township Building Code. Types of Uses. 1. Permitted by Right Uses. The Zoning Officer shall issue a permit under this Ordinance in response to an application for a use that is "permitted by right" if it meets all of the requirements of this Ordinance, including any specific additional requirements listed for that use in Sections 402 and Special Exception Use or Application Requiring a Variance. A permit under this Ordinance 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 Ordinance 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. 103.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 numbers of copies of a site plan that are stated on the official application, or the within Ordinance. 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 Ordinance: a. the location and dimensions of the lot, 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, 1) the dimensions of all buildings from lot lines shall be shown, 2) existing features shall be clearly distinct from proposed features, 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, ADMINISTRATION 1-3

18 ADMINISTRATION Cont. 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 Ordinance. 4. Submittals to the Board. In addition to the information listed in part "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 Ordinance: a. the present zoning district and major applicable lot requirements, b. a description of the proposed non-residential 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 Ordinance being appealed, with the reasons for any appeal. 5. Ownership. No person other than a landowner or their specifically authorized agent or a tenant or lessee with written permission of the landowner shall submit a zoning application (see definition of "landowner" in Article II). 103.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. 103.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 the Zoning Ordinance in case of one or more of the following: ADMINISTRATION 1-4

19 ADMINISTRATION Cont. 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 provides for penalties for providing false information to a municipal employee in the carrying out of his/her duties.), 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 Ordinance or an approved site plan or approved permit application, d. for any other just cause set forth in this Ordinance, and/or e. for violation of any applicable Township Floodplain Ordinance or Subdivision and Land Development Ordinance. 2. Other Laws. The Zoning Officer may withhold issuance of a permit under this Ordinance 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, may appeal decisions under this Ordinance 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 Section 103.D.1. of this Ordinance regarding applications. 103.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 Ordinance; 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 sub-section "3." below; c. temporary construction-related trailers, structures and uses as provided for in Section 306.E.1.; 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; ADMINISTRATION 1-5

20 ADMINISTRATION Cont. 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 sub-sections "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. 103.H. Changes to Approved Plans. 1. After the issuance of a permit and/or approval of a site plan under this Ordinance 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 re-approval of the changes by such bodies if the Zoning Officer determines that such changes significantly affect matters that were within their approval. Such re-approval 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 GENERAL PROCEDURE FOR PERMITS. 104.A. 104.B. 104.C. 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. Reviews. Certain activities require review and/or approval of the Zoning Hearing Board and/or of the Board of Supervisors, and/or the recommendations of the Planning Commission. See Sections 116 and 118. Appeal. See Section 111.E.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.) ADMINISTRATION 1-6

21 104.D. ADMINISTRATION Cont. After the permit under this Ordinance has been received by the applicant, the applicant may undertake the action permitted by the permit under this Ordinance, 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 30 day appeal period shall be at the risk of the applicant INTERPRETATION AND SIMILAR USES. 105.A. 105.B. Minimum Requirements. The provisions of this Ordinance shall be interpreted as the minimum requirements to promote public health, safety and general welfare. Where more than one provision of this Ordinance controls a particular matter, the provision that is more restrictive upon uses and structures shall apply. The provisions of this Ordinance are in addition to any other applicable Township Ordinance. 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 Ordinance 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 Section 806.F.3., 3. the use would meet the standards that would apply under Section 119 to a special exception use, as listed in Section 118.C.4. parts a. through g., and 4. the use is not specifically prohibited in that District. 105.C. 105.D. Sketches. Sketches in this Ordinance are for illustrative purposes only and are not regulatory. Interpretation of Ordinance Text and Boundaries. 1. The Zoning Officer shall literally apply the wording of this Ordinance 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 the Ordinance should be interpreted in the applicant's favor, the applicant may appeal to the Zoning Hearing Board. See Section 111 and the Township fee schedule concerning appeals by an applicant to the Zoning Hearing Board. 105.E. Undefined Terms/ Interpretation of Definitions. See Section F. Interpretation of Zoning Boundaries. See Section ENFORCEMENT, VIOLATIONS AND PENALTIES. All of the enforcement, violations and penalty provisions of the Pennsylvania Municipalities Planning Code, as amended, shall apply. The following provisions shall apply unless a differing provision is specifically stated in the Pennsylvania Municipalities Planning Code. ADMINISTRATION 1-7

22 ADMINISTRATION Cont. 106.A. 106.B. 106.C. If the Township has reason to believe that a violation of a provision of the Zoning Ordinance 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. 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. 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 the have not been met, citing applicable provisions of the Zoning Ordinance. 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. 106.D. 106.E. Causes of Action. The provisions of the Pennsylvania Municipalities Planning Code, as amended, shall apply. Enforcement Remedies. The provisions of the Pennsylvania Municipalities Planning Code, as amended, shall apply FILING FEES, COSTS AND SUBMISSION DEADLINES. 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 Ordinance. No application or appeal shall be considered filed until all fees are paid AMENDMENTS TO THIS ORDINANCE. 108.A. 108.B. Within the requirements of the Pennsylvania Municipalities Planning Code, the Board of Supervisors may amend, or repeal any or all portions of this Ordinance on 1) its own motion or 2) upon agreeing to hear a written request of any person, entity, landowner or the Planning Commission. 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. 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. ADMINISTRATION 1-8

23 108.C. Review of Amendments. ADMINISTRATION Cont. 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 Vallley 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. 108.D. 108.E. Changes After a Hearing. See the relevant section of the Pennsylvania Municipalities Planning Code, as amended. Application for Ordinance Amendment. Any request for amendment of the Zoning Ordinance (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 affects 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. 108.F. 108.G. 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. 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 ADMINISTRATION 1-9

24 ADMINISTRATION Cont. 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 CURATIVE AMENDMENTS. 109.A. 109.B. Submittal. A landowner who desires to challenge on substantive grounds the validity of this Ordinance 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. 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. 109.C. Municipal Curative Amendments. The applicable provisions of the Pennsylvania Municipalities Planning Code shall apply (as amended) ZONING OFFICER. 110.A. 110.B. 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. Duties and Powers. The Zoning Officer duties and powers shall include the following: 1. administer the Zoning Ordinance, including to receive and examine all applications required under the terms of this Ordinance, and issue or refuse permits within the provisions of this Ordinance; 2. conduct inspections to determine compliance, and receive complaints of violation of this Ordinance; a. to determine compliance with this Ordinance, 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 Ordinance; 5. review proposed subdivisions and land developments for compliance with this Ordinance; 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. ADMINISTRATION 1-10

25 111. ZONING HEARING BOARD ACTIONS AND VARIANCES. ADMINISTRATION Cont. 111.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. 1. Alternate Members. The Board of Supervisors may appoint alternate members of the Zoning Hearing Board within the applicable provisions of the Pennsylvania Municipalities Planning Code. 111.B. 111.C. 111.D. 111.E. Vacancies. The Board shall promptly notify the Board of Supervisors of any vacancies which occur. Appointments to fill vacancies shall be only for the unexpired portion of a term. Removal 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. Organization. The applicable provisions of the Pennsylvania Municipalities Planning Code, as amended shall apply. 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 Ordinance. b. See time limitations for appeals in Section 111.F. 2. Challenge to the Validity of the Ordinance or 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. i) 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 Ordinance in the neighborhood or district in which the property is located; ADMINISTRATION 1-11

26 ADMINISTRATION Cont. ii) Because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the Zoning Ordinance and a variance is therefore necessary to enable the reasonable use of the property; iii) Such unnecessary hardship has not been created by the appellant; iv) 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 v) 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 Ordinance. 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 Ordinance and in accordance with such standards and criteria contained in this Ordinance and the procedures in Section 119. b. Conditions. In granting a special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards, in addition to those expressed in the Ordinance, as it may deem necessary to implement the purposes and intent of this Ordinance. 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 Ordinance 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 and/or applicable State law, as amended, to serve persons who the applicant proves have "disabilities" as defined in and protected by such laws. 6. The Zoning Hearing Board shall also hear any other matters as set forth in the Pennsylvania Municipalities Planning Code, as amended. 111.F. 111.H. 111.I. Time Limitations for Appeals. The applicable provisions of the Pennsylvania Municipalities Planning Code, as amended, shall apply. Stay of Proceedings. The Stay of Proceedings provisions of the Pennsylvania Municipalities Planning Code, as amended, shall apply. Time Limitations on Zoning and Building Permits and Other Zoning Approvals. 1. Subject to the provisions of Section (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. ADMINISTRATION 1-12