East Allen Township
City Zoning Code
City Zoning Code
ARTICLE VIII
Administration
§ 250-71 (((-801.))) General procedure.
A.
Persons desiring to undertake any new construction, structural or site alteration, or changes in the use of a building or lot, shall apply to the Township Secretary for a zoning permit by filling out the appropriate application form and by submitting the required fee.
B.
The Zoning Officer shall either issue the zoning permit or shall refuse the permit, indicating in writing the reason for refusal. Certain construction, alterations or uses require approval of the Zoning Hearing Board and/or of the Board of Supervisors, and/or the recommendations of the Planning Commission.
C.
If refused a permit by the Zoning Officer, the applicant may appeal to the Zoning Hearing Board for further consideration. Such appeal must be filed within 30 days from the applicant's receipt of the Zoning Officer's refusal, or the refusal becomes final.
D.
After the zoning permit has been received by the applicant, he may undertake the action permitted by the zoning permit.
E.
Upon completion of such action, the applicant may apply to the Township Secretary for an occupancy permit (where such a permit is required).
F.
If the Zoning Officer finds that the action of the applicant is in accordance with the zoning permit and any other required permits, he shall issue an occupancy permit allowing the premises to be occupied.
§ 250-72 (((-802.))) Permits and certificates.
A.
Zoning permit.
(1)
Scope.
(a)
No person shall erect, alter, or convert any structure or building, nor alter the use of any land or structure, until the Zoning Officer issues a zoning permit to the person for said change or construction.
(b)
No building shall be approved without an approved on-lot or public sewage connection permit, where applicable; and no building shall be approved without an approved public water connection permit or an individual water supply well permit, if applicable.
[Amended 1-11-2012 by Ord. No. 2012-04]
(c)
No zoning permit is required for normal maintenance, repairs or landscaping.
(2)
Types of uses.
(a)
Permitted use. A zoning permit for a permitted use may be issued by the Zoning Officer.
(b)
Special exceptions and variances. A zoning permit for a use requiring a special exception or variance shall be issued by the Zoning Officer only upon the written order of the Zoning Hearing Board after a hearing following a review by the Planning Commission. An application for a special exception, variance, or for interpretation of any part or provision of this ordinance shall be made to the Zoning Hearing Board on forms which may be obtained from the Township Secretary.
(c)
Conditional use. A zoning permit for a conditional use shall be issued by the Zoning Officer only upon the written order of the Board of Supervisors following a review by the Planning Commission. An application for a conditional use shall be made to the Board of Supervisors on forms which may be obtained from the Township Secretary.
(3)
Application.
(a)
All applications for a zoning permit shall be in writing on a form provided by the Township Secretary and shall be submitted to the Township Secretary.
(b)
All applications for a zoning permit shall include a plot plan drawn to scale showing the location and dimensions of the lot area and of the proposed uses of buildings and/or land. The Zoning Officer or the Zoning Hearing Board may require any additional information which he deems necessary to properly evaluate the application for the purpose of determining its conformity with this ordinance.
(c)
Prior to the issuance of any zoning permit, the Zoning Officer shall review the application for such permit to determine if all other necessary governmental permits (such as those required by state and federal laws such as Act 537, the Pennsylvania Sewage Facilities Act,[1] the Dam Safety and Encroachment Act,[2] and the Federal Water Pollution Control Act Amendments of 1972,[3] have been obtained. No permit shall be issued until this determination has been made.
(d)
The Zoning Officer may submit a copy of any plan and application to any appropriate agencies and/or individuals (e.g., Planning Commission, Township Engineer, etc.) for review and comment.
(4)
Issuance.
(a)
The Zoning Officer shall issue or refuse an application for a zoning permit within 15 days after the date such application was made, except as specifically provided for in this ordinance.
(b)
A zoning permit shall be issued in at least triplicate.
(c)
One copy shall be kept conspicuously on the premises. No person shall perform building operations of any kind unless a zoning permit is being displayed as required by this ordinance.
(d)
After the issuance of a zoning permit by the Zoning Officer, no changes of any kind shall be made to the application, permit, plans, specifications, or other documents submitted with the application without the written consent or approval of the Zoning Officer.
B.
Occupancy permit.
(1)
Scope. Prior to the use, occupancy, or reoccupancy of any land or building, or for any change of use of any existing building or for any change of use of land, an occupancy permit shall be secured from the Zoning Officer.
(2)
Application. All applications for an occupancy permit shall be in writing on a form furnished by the Township Secretary.
(3)
Issuance.
(a)
The Zoning Officer shall grant or refuse an application for an occupancy permit within 15 days after being notified of the completion of authorized construction or alteration, or (where no construction or alteration is involved) within 15 days after receipt of such application.
(b)
A copy of the occupancy permit shall be kept upon the premises, and shall be displayed upon request made by any officer of the Township.
C.
Other permits. The Township may require additional permits specified in other related ordinances and laws. The following other permits are required by the Township:
[Amended 1-11-2012 by Ord. No. 2012-04]
Permit Type | Life of Permit1 | |
Building/zoning permit | 1 year | |
Sign permit | 1 year | |
Trailer permit | 1 year | |
Pool permit | 1 year | |
Salvage yard permit | 1 year | |
Demolition permit | 1 year | |
Solicitation permit | 1 year | |
Driveway permit | 1 year | |
Excavation permit | 6 months | |
Home occupation | 1 year | |
Individual water well construction or closure | 1 year |
NOTES: 1An extension of 365 days will be granted for a building, sign and pool permit, provided that the applicant has commenced work on the structure. | ||
D.
Certificate of nonconforming use or structure.
(1)
The owner of the premises occupied by a lawful nonconforming use or structure may secure a certificate of nonconforming use or structure from the Zoning Officer.
(2)
Such certificate shall be authorized by the Zoning Officer and shall certify to the owner his right to continue such nonconforming use or structure.
§ 250-73 (((-803.))) Zoning Officer.
A.
Appointment.
(1)
The Zoning Officer shall be appointed by the Board of Supervisors and shall not hold any elective office in the Township.
(2)
The residency requirement of this subsection may be waived, if the Township enters into an agreement with any other municipality to appoint one common Zoning Officer or staff.
(3)
The Zoning Officer or staff shall continue to serve the Township until such time as the Board of Supervisors declares otherwise.
B.
Duties and powers.
(1)
The Zoning Officer shall:
(a)
Administer this ordinance in accordance with its literal terms
(b)
Identify and register nonconforming uses and nonconforming structures;
(c)
Receive and examine all applications required under the terms of this ordinance;
(d)
Issue or refuse permits within 15 days of the receipt of the application, except as specifically provided for in this ordinance;
(e)
Receive complaints of violation of this ordinance;
(f)
Issue a written notice of violation to any person violating any provision of this ordinance;
(g)
Keep records of applications, permits, and certificates issued, of variances granted by the Board, of complaints received, of inspections made, of reports rendered, and of notice or orders issued; and
(h)
Make all required inspections and perform all other duties as called for in this ordinance.
(2)
The Zoning Officer shall not have the power to permit any construction, use or change of use which does not conform to this ordinance.
§ 250-74 (((-804.))) Zoning Hearing Board.
A.
Appointment.
(1)
The Zoning Hearing Board shall consist of five residents of the Township appointed by the Board of Supervisors.
(2)
Board members shall serve terms of five years, so affixed that the term of office of at least one member shall expire each year. For the initial appointment of the two new members, one term shall expire December 31, 2003, and one term December 31, 2004. Thereafter, the term shall be full five-year periods.
(3)
The Board of supervisors shall also be enabled to appoint two alternate members to the Zoning Hearing Board, each alternate to serve a three-year term. The Board shall reappoint alternates to the Zoning Hearing Board, as required with a maximum number of two alternates.
(4)
Members of the Board shall hold no other office in the Township.
D.
Organization.
(1)
The Board shall elect officers from its own membership. Officers shall serve annual terms and may succeed themselves.
(2)
For the conduct of any hearing and taking of any action, a quorum shall be not less than a majority of all members of the Board. Where two members are disqualified to act in a particular matter, the remaining member may act for the Board.
(3)
The Board may make, alter, and rescind rules and forms for its procedure, consistent with all applicable Township Ordinances and laws of the Commonwealth.
(4)
The fees for all proceedings, hearings, and actions by the Board shall be paid by the applicant.
E.
Zoning Hearing Board jurisdiction. The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudications in all matters as set forth in the Municipalities Planning Code[1] and/or any amendments thereto. Zoning Hearing Board's functions with regard to variances shall be in conformance with the standards set forth in the Municipalities Planning Code and/or any amendments thereto.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
F.
Applications to the Board.
(1)
All appeals from a decision of the Zoning Officer and applications to the Board shall be in writing on forms prescribed by the Board.
(2)
Every appeal or application shall include the following:
(a)
The name and address of the applicant, or appellant;
(b)
The name and address of the owner of the property to be affected by such proposed change or appeal;
(c)
A brief description and location of the property to be affected by such proposed change or appeal;
(d)
A statement of the present zoning classification of the property in question, the improvements thereon and the present use thereof;
(e)
A statement of the section of this ordinance under which the appeal is made and reasons why it should be granted, or a statement of the section of this ordinance governing the situation in which the alleged erroneous ruling is being appealed and the reasons for this appeal; and
(f)
A reasonably accurate description of the additions or changes intended to be made under this application, indicating the size, material, and general construction of such proposed improvements. A plot plan of the property to be affected, indicating the location and size of the lot and the size of existing and intended improvements, shall be attached to the description.
G.
Time limitations; persons aggrieved. The time limitations for raising certain issues and filing certain proceedings with the Board shall be the following:
(1)
Approval.
(a)
No person shall be allowed to file any proceedings with the Board later than 30 days after any application for development, preliminary or final, has been approved by an appropriate Township officer, agency or body if such proceeding is designed to secure reversal or to limit the approval in any manner unless such person alleges and proves that he had no notice, knowledge, or reason to believe that such approval had been given.
(b)
If such person has succeeded to his interest after such approval, he shall be bound by the knowledge of his predecessor in interest.
(2)
The failure of anyone other than the landowner to appeal from an adverse decision on a tentative or preliminary plan pursuant to 53 P.S. § 10709, regarding a Planned Residential Development), or from an adverse decision by a Zoning Officer on a challenge to the validity of this ordinance or Zoning Map pursuant to 53 P.S. § 10913.3, regarding validity of ordinance, shall preclude an appeal from a final approval except in the case where the final submission substantially deviates from the approved tentative or preliminary approval.[2]
H.
Stay of proceedings.
(1)
Upon filing of any proceeding referred to in § 250-74E and during its pendency before the Board, all land development pursuant to any challenged ordinance, order, or approval of the Zoning Officer, or of any agency or body, and all official action thereunder shall be stayed.
(2)
The development or official action shall not be stayed if the Zoning Officer or any other appropriate agency or body certifies to the Board facts indicating that such stay would cause imminent peril to life or property.
(3)
Notwithstanding § 250-74H(2), a restraining order may be granted by the Board or by the court having jurisdiction of zoning appeals on petition after notice to the Zoning Officer or other appropriate agency or body.
(4)
Posting of bond.
(a)
When an application for development, preliminary or final, has been duly approved and proceedings designed to reverse or limit the approval are filed with the Board by persons other than the applicant, the applicant may petition the court having jurisdiction of zoning appeals to order such persons to post bond as a condition to continuing the proceedings before the Board.
(b)
The question whether or not such petition should be granted and the amount of the bond shall be within the sound discretion of the court.
§ 250-75 (((-805.))) Hearings.
The Board shall conduct hearings and make decisions in accordance with the following:
A.
Notice of hearings. Notice of all hearings of the Board shall be given as follows:
(1)
Public notice. Notice published once each week for two successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
(2)
Notice of such hearing shall be conspicuously posted on the affected tract of land.
(3)
Notice shall be given to the applicant, the Zoning Officer, the Commission, the Board of Supervisors, adjoining property owners (including those across the street), and any other person or group (including civic or community organizations) who has made a timely request for such notice, by personally delivering or mailing a copy of the published notice.
The adjoining property owners (including those across the street) shall be notified based upon a list provided as a part of the application process, with the names and correct mailing addresses of the property owners to be provided by the applicant. |
(4)
Notice to bordering municipalities.
(a)
In any matter which relates to a property which lies within 500 feet of the boundary of another municipality, the Secretary of the Board shall transmit to the municipal clerk of this other municipality a copy of the official notice of the public hearing on such matters, not later than one day after publication thereof.
(b)
The other municipality shall have the right to appear and to be heard at the public hearing.
(5)
The Board of Supervisors may establish reasonable fees, based on cost, to be paid by the applicant for any notice required by this ordinance and by persons requesting any notice not required by ordinance.
B.
Parties.
(1)
The parties to the hearing shall be the Township, any person affected by the application who has made timely appearance of record before the Board, and any other person including civic or community organizations permitted to appear by the Board.
(2)
The Board shall have power to require that all persons who wish to be considered parties enter appearances in writing on forms provided by the Board for that purpose.
C.
Oaths and subpoenas. The Chairman or Acting Chairman of the Board presiding 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 requested by the parties.
D.
Representation by counsel. The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on all relevant issues.
E.
Evidence. Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded.
G.
Ex-parte communications.
(1)
The Board shall not communicate, directly or indirectly, with any party or his representatives in connection with any issue involved, except upon notice and 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 contest the material so noticed.
(3)
After the commencement of hearings, the Board shall not inspect the site or its surroundings with any party or his representative, unless all parties are given an opportunity to be present.
H.
Referral to Planning Commission.
(2)
In its review of the special exception, the Commission shall determine compliance with the standards and criteria set forth in this ordinance.
(3)
In all cases, the Commission shall report in writing its findings and recommendations to the Board within 30 days of their receiving the request for review.
(4)
The Board and Commission shall establish mutually acceptable procedures to assure that the review is accomplished in time to permit the Board to make its required decision.
I.
Decision or findings.
(1)
The Board shall render a written decision or make written findings (when no decision is called for) on the application, within 45 days after the last hearing before the Board.
(2)
Where the application is contested or denied, the decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons therefore.
(3)
Any conclusion based on any provision of 53 P.S. § 10101 et seq., the Municipalities Planning Code, as amended, or of this ordinance, or of any other ordinance, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in light of the facts found.
(4)
When the Zoning Hearing Board fails to render the decision within the period required by this ordinance, or fails to hold the required hearing within 60 days from the date of the applicant's request for a hearing, the decisions shall be deemed to have been rendered in favor of the applicant, unless the applicant has agreed, in writing, to an extension of time.
J.
Notice of decision.
(1)
A copy of the final decision or a copy of the findings (when no decision is called for), shall be delivered to the applicant personally or mailed to him not later than the day following its date.
(2)
The Zoning Hearing Board shall provide (by mail or otherwise) a brief notice of the decision or findings and a statement of the place where the full decision or findings may be examined to all other persons who have filed their name and addresses with the Zoning Hearing Board not later than the last day of the hearing.
(3)
When a decision has been rendered in favor of the applicant, because of the failure of the Board to meet or render a decision as described in § 250-75I(4), the Township shall give public notice of said decision within 10 days in the same manner as provided in § 250-75A.
§ 250-76 (((-806.))) Appeals.
A.
In general. All appeals for securing review of this ordinance or any decision, determination, or order of the Board of Supervisors, its agencies or officers issued pursuant to this ordinance, shall be in conformance with Article X-A of the Municipalities Planning Code, as amended.[1]
B.
Procedural defects in enactment. Questions of an alleged defect in the process of enactment or adoption of this ordinances shall be raised by an appeal taken directly from the action of the Board of Supervisors to the court filed not later than 30 days from the effective date of this ordinance or map.
§ 250-77 (((-807.))) Amendments.
A.
The Township may, on its own motion or by petition, amend, supplement, change, modify, or repeal this ordinance.
B.
Before voting on the enactment of an amendment, the Board of Supervisors shall hold a public hearing thereon, pursuant to public notice.
C.
In the case of an amendment other than that prepared by 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 submit recommendations.
D.
Recommendation of Planning Commission.
(1)
The Board of Supervisors or Planning Commission shall submit the proposed amendment to the County Planning Commission for recommendations at least 30 days prior to the hearing on such proposed amendment.
(2)
The recommendation of the County Planning Commission shall be made to the Supervisors within 45 days, and the proposed action shall not be taken until such recommendation is made or until after 45 days.
E.
If, after any public hearing held upon an amendment, the proposed amendment is revised, or further revised, to include land previously not affected by it, the Board of Supervisors shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment.
§ 250-78 (((-808.))) Curative amendments.
A.
A landowner who desires to challenge on substantive grounds the validity of this 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 his challenge and proposed amendment be heard and decided as provided in the Municipalities Planning Code, 53 P.S. § 10101 et seq.
B.
The Board of Supervisors shall commence a hearing thereon within 60 days of the request unless the landowner requests a consent to an extension of time.
§ 250-79 (((-809.))) Filing fees and costs.
§ 250-80 (((-810.))) Remedies and penalties.
A.
Enforcement notice. The Township shall initiate enforcement proceedings, for a violation of this ordinance, pursuant to Section 616.1 of the Municipalities Planning Code, as may be amended from time to time.
B.
Enforcement remedy.
(1)
Municipalities Planning Code now provides that rather than a non-traffic citation, the penalties shall be a civil action imposing fines up to $1,000. Therefore, any person who violates this ordinance, shall be subject to a civil enforcement proceeding commenced by the Township. Upon being found liable, therefore, in the civil enforcement proceeding, an entity shall be responsible to pay a judgment of not more than $500 plus all court costs, including reasonable attorney's fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied, or payable until the date of the determination of the violation by the District Justice.
(2)
If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure.
(3)
Each day that a violation continues shall constitute a separate violation, unless the District Justice determining that there has been a violation further determines that there was a good faith basis for the person, partnership, or corporation violating this ordinance to have believed that there was no such violation. In that event, there shall be deemed to have been only one such violation until the fifth date following the date of determination of a violation by the District Justice and thereafter each day that a violation continues shall constitute a separate violation. All judgment, costs, and reasonable attorney's fees collected for the violation of this ordinance shall be paid over to the Township.
§ 250-81 (((-107.))) Severability.
It is hereby declared to be the legislative intent that:
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.
B.
If a court of competent jurisdiction finds the application of any provision or provisions of this ordinance to any lot, building, structure, or tract of land to be invalid or ineffective in whole or in part, the effect of such decision shall be limited to the person, property, or situation immediately involved in the controversy, and the application of any such provision to other persons, property, or situations shall not be effective.
C.
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.
§ 250-82 (((108.))). Repealer.
All other Township ordinances or parts thereof that were adopted prior to this ordinance and are in conflict with this ordinance are hereby repealed.