Bethlehem Township City Zoning Code
ARTICLE XXIV
LIP Light Industrial/Office Campus Phased
§ 275-213 Purpose.
The purpose of this district is:
A.
To serve the same purposes as the OB and LI Districts. In addition, to carry out the Township's Comprehensive Plan of 1988, and Comprehensive Plan Amendment of 1997.
B.
To provide a mechanism that will allow areas planned for light industries to be developed with industrial structures and uses in conjunction with the construction, and opening to public traffic, of the proposed extension of the Pennsylvania Route 33, an expressway, between U.S. Route 22 and Interstate 78, including interchanges at Freemansburg Avenue and William Penn Highway ("Route 33 Extension Project").
C.
To recognize that the Route 33 Extension corridor will not be a reasonable location for light industries to operate until after the Route 33 Extension Project is completed and open to public traffic.
D.
This article is intended to encourage investments in land and infrastructure to be made for light industrial structures and uses with the knowledge that the Township will permit such light industrial structures to be occupied and light industrial uses to operate, after the Route 33 Extension Project is completed and open to public traffic, to allow prudent business decision making.
E.
To clearly place all persons on notice that certain types of approvals and permits are tied to the completion of construction and opening to public traffic of the Route 33 Extension Project, which is beyond the direct control of the Township.
F.
At the same time, this article is designed to make sure that light industrial structures are not permitted to be occupied and light industrial uses are not permitted to operate, until after the Route 33 Extension Project is completed and open to public traffic to make sure that light industrial traffic, especially intense tractor-trailer traffic, is not directed onto existing streets that cannot accommodate it unless the Route 33 Extension Project is completed and open to public traffic.
§ 275-214 Applicability.
The following provisions shall apply within the LI(P) District as shown on the Official Zoning Map, provided that all other requirements of Township ordinances are met:
A.
Within the LI(P) District, all provisions of the OB District shall apply at any time, except provisions specifically amended by this article. The provisions of the OB District are hereby included by reference. Therefore, for example:
B.
In addition, at the voluntary option of an applicant, the following additional structures and uses may be permitted within the following additional requirements:
(1)
After the Zoning Officer certifies in writing that such officer has evidence that primary construction contracts have been awarded by the Pennsylvania Department of Transportation for the final segment of the construction of all through-traffic lanes for the extension of Pennsylvania Route 33, between U.S. Route 22 and Interstate 78, including interchanges at Freemansburg Avenue and William Penn Highway, then an applicant may submit applications, and receive zoning and construction approvals and permits, for structures and uses that are lawful in the LI District within the requirements of the LI District, in addition to structures and uses that are lawful in the OB District. For this purpose, the provisions of the LI District are hereby included by reference.
(a)
Such approvals and permits shall not include the right to occupy such structures or operate such uses which are lawful in the LI District but not lawful in the OB District until and unless the Zoning Officer makes the additional written certification described in Subsection B(2) below.
(b)
By voluntarily applying for approvals and permits for structures and uses that are lawful in the LI District rather than approvals and permits that are lawful in the OB District prior to the date on which the Zoning Officer makes such additional written certification described in Subsection B(2) below, the applicant shall assume all risks that the Route 33 Extension Project is not completed and opened to public traffic, or is delayed in completion and opening to public traffic, for any cause whatsoever, including, inter alia, the risk that such permitted structures cannot be occupied or such permitted uses operated because of the provisions hereof, until the Zoning Officer makes such additional written certification described in Subsection B(2) below.
[1]
The Township may require that an applicant sign a statement recognizing the provisions of this section and the related risks.
(2)
After the Zoning Officer certifies in writing that such officer has evidence that all through-traffic lanes for the Route 33 Extension between U.S. Route 22 and Interstate 78, including interchanges at Freemansburg Avenue and William Penn Highway, are open to public traffic, then an applicant may receive a certificate of occupancy and may then be authorized to occupy a structure and operate a use which is lawful in the LI District, in addition to a structure and use which is lawful in the OB District.
C.
A sleep center is a permitted by right use in the LI(P) District, provided that the requirements for that specific use in Article XX are met.
[Added 12-5-2011 by Ord. No. 09-11]
§ 275-215 LI(P) District severability.
The following clause shall apply to this article: The Board of Commissioners declares that the lands in the LI(P) District would be designated as in the OB District in the absence of the provisions of § 275-214B providing for the phased development of such lands for structures and uses which are lawful in the LI District. Therefore, such provisions are not severable from other provisions of this article which permit structures and uses which are lawful in the LI District. If a court of competent jurisdiction should declare any portion of this article invalid or ineffective in response to a challenge by any person, then the lands in the LI(P) District affected by such challenge shall be regulated by the provisions of the OB District and not by the provisions of the LI District.