Lower Mount Bethel Township
City Zoning Code
City Zoning Code
PART 17
ADMINISTRATION AND ENFORCEMENT
§ 27-1701 Purpose and Applicability.
[Ord. No. 2022-02, 7/11/2022]
1.
The purpose of this Part is to outline the procedures and regulations by which the Township Zoning Ordinance shall be administered and enforced. The procedures for obtaining and regulating permits, amending the Ordinance, enforcing this chapter, and the duties of the Township zoning officer are included herein.
2.
Hereafter, no land shall be used or occupied, and no building or structure shall be created, altered, used or occupied, except in conformity with the regulations herein established for the zoning district in which such land, building, or structure is located, as well as all other applicable standards.
3.
In case of mixed occupancy within the same building or on the same lot, the regulations for each use shall apply to that portion of the building or land so used.
§ 27-1702 Duties of the Township Zoning Officer.
[Ord. No. 2022-02, 7/11/2022]
1.
A Township zoning officer shall be appointed by the Board of Supervisors to administer and enforce this Zoning Ordinance.
2.
The Township zoning officer shall not hold any elective office in the Township and shall meet the qualifications established by the Board of Supervisors. Further, the Township zoning officer shall be able to demonstrate to the satisfaction of the Board of Supervisors a working knowledge of municipal zoning. The Township zoning officer shall administer the Zoning Ordinance in accordance with its literal terms, and shall not have the power to permit any construction or change of use which does not conform to the Zoning Ordinance. The Township zoning officer's duties shall include, but not be limited to, the following:
A.
To enforce all provisions of this chapter and all amendments thereto;
B.
To receive all applications for building, zoning, land use, and other permits, referring applications to the Planning Commission, Building Code official, or other Township officials when deemed advisable, and issue zoning and other permits as appropriate when there is compliance with applicable Township Ordinances. In determining compliance with other Township ordinances, the Township zoning officer may rely on the written decisions, interpretations, and/or representations of the appropriate other Township official(s);
C.
To receive applications for special exceptions, conditional uses, validity challenges, interpretations, variances, or other zoning relief and refer these applications to the Zoning Hearing Board, or Board of Supervisors, as applicable, for action thereon;
D.
To determine completeness of any application within 30 days of receipt. The date of receipt shall be recorded and, within 30 days, the applicant shall be informed in writing if the subject application is complete and, if not, shall be informed as to any deficiencies;
E.
To issue permits for special exception or variance applications only upon written order of the Zoning Hearing Board. Permits requiring approval by the Board of Supervisors, including, but not limited to, conditional use, shall be issued only upon written authorization from the Board of Supervisors;
F.
To issue use and occupancy certificates for a change in use of a structure or parcel of land or new or re-occupancy of a structure or land indicating that the premises, to the best knowledge of the Township zoning officer, complies with the provisions of the Township Zoning Ordinance;
G.
To be responsible for maintaining an up-to-date copy of this chapter and the Zoning Map, filed with the Township secretary, and to include any amendments thereto;
H.
To conduct inspections and surveys to determine compliance or noncompliance with the terms of this chapter;
I.
To issue enforcement notices including cease-and-desist orders to all violators and the owners of properties found to be in violation of the provisions of this chapter, in accordance with procedures set forth in the Pennsylvania Municipalities Planning Code.[1] Enforcement notices shall be sent to the owner of record by both certified return receipt and first class mail;
[1]
Editor's Note: See 53 P.S. §§ 10101 et seq.
J.
To keep an official record of all business and activities of the Township zoning officer, including complaints of a violation of any of the provisions of this chapter and of the subsequent action taken on each such complaint, and to record and file all applications for permits with accompanying plans and documents;
K.
To report all violations of the chapter to the Board of Supervisors;
L.
Upon the request of the Board of Supervisors, the Planning Commission, or the Zoning Hearing Board, to present to such body facts, records, and any similar information on specific requests to assist such body in reaching its decision.
§ 27-1703 Zoning Permits.
[Ord. No. 2022-02, 7/11/2022]
1.
Required Zoning Permits.
A.
A zoning permit shall be required prior to: a change in use of land, impervious surfaces, structures or buildings; a change in the principal use, expansion of a nonconforming use, or development on properties located within floodplain areas as identified in § 27-1106 of this chapter, and for new construction, reconstruction, or alterations, for timber harvesting plans, and for all permitted, special exception, conditional, and accessory uses.
B.
A zoning permit shall adhere to all requirements set forth herein as applicable, and shall conform to all other applicable requirements of the Township Code, as adopted and amended from time to time.
C.
Where any project also requires any other permits or approval(s), including, but not limited to, Subdivision and Land Development approval, building permit, grading permit, or driveway permit, any applicable zoning permit shall not be issued until all other applicable permits or approvals have been received.
D.
The placing of vacant land under any permitted agricultural use other than structural development shall not require a zoning permit.
E.
It shall be unlawful to commence any site work or other work requiring a zoning permit until a permit has been properly issued therefor.
2.
Application for Permits. Application for permits under this section, along with accompanying plans and data, may be required to be submitted by the applicant to any appropriate governmental official, agency, authority, or representative for review and comment relative to compliance with any existing statutes, ordinances, regulations or rules, and the Township zoning officer shall consider comments therefrom in action on the application. All applications shall be accompanied by:
A.
Form of Application. The application for a permit shall be submitted in such forms as the Township zoning officer may prescribe. All applications shall be made in writing and shall be accompanied by two sets of plans and all supporting documentation (or more sets if required by the Township zoning officer), showing at least the following information:
(1)
Actual dimensions and shape of the lot to be built upon;
(2)
The exact size and location on the lot of buildings, structures, and signs that are existing, proposed extensions thereto, or newly to be constructed;
(3)
The number of dwelling units, if any, to be provided;
(4)
Parking spaces and loading facilities to be provided;
(5)
A statement indicating the existing and proposed use;
(6)
Where new construction or additions or replacement of existing structures is proposed, the plan shall indicate the height of proposed structures, buildings, and signs;
(7)
Wherein the disturbance or movement of earth greater than one acre in area is contemplated, a soil erosion and sedimentation control plan with an accompanying narrative prepared by a qualified person for review and approval by the Township engineer or, when applicable, a copy of the permit issued by either the Pennsylvania Department of Environmental Protection or the Northampton County Conservation District, as applicable, approving the proposed earth-moving operations;
(8)
All other applicable permit(s) required by any other agencies having jurisdiction or, where issuance of such permits is pending, a complete copy of the application and submitted documentation for such permit(s);
(9)
Application fees;
(10)
All other information necessary for the Township zoning officer to determine conformance with and provide for enforcement of this chapter.
B.
One copy of the plans shall be returned to the applicant by the Township zoning officer after the Township zoning officer shall have marked such copy either as approved or disapproved, and attested to same by the signature of the Township zoning officer on said copy.
C.
One copy of all such plans, conforming to that returned to the applicant, shall be retained by the Township for the property file.
D.
Such approval and zoning permit shall be issued or refused within 30 days from date of application. In case of refusal, the applicant shall be informed of his or her rights of appeal.
3.
A zoning permit may be authorized by the Township zoning officer for a temporary structure or use in conformance with § 27-1530 of this chapter. The Township zoning officer may require a bond to guarantee removal, in an appropriate amount commensurate with anticipated removal costs.
4.
All special exception and variance approvals granted by the Zoning Hearing Board shall be required to obtain zoning permits, as applicable.
5.
All conditional use approvals granted by the Board of Supervisors shall be required to obtain zoning permits, as applicable.
6.
Expiration of Zoning Permit.
A.
A zoning permit shall expire six months after the date of issuance, if the work described upon such permit has not begun.
B.
If work described by any zoning permit has begun within said six-month period, such permit shall expire if the work is not completed within two years from its date of issuance.
7.
Renewal of Zoning Permit.
A.
A zoning permit may be renewed by the Township zoning officer only under the following conditions:
(1)
Renewal shall be upon written request of the permit holder. The permit holder shall not be required to resubmit plans as required for an original permit by Subsection 2., unless, in the opinion of the Township zoning officer, there have been substantial changes to the project. In such case, a new zoning permit shall be required rather than a renewal of the existing permit;
(2)
Such written request must be received by the Township zoning officer not less than one month prior to the expiration date of the preceding permit;
(3)
Renewal is required due to the magnitude of the project or circumstances beyond the control of the applicant which prevented completion of the project within the original two-year period.
B.
Time limitations for the renewed permit shall be the same as for the original permit, as described above in Subsection 6.
C.
The renewal of zoning permit shall be issued or refused within 10 working days of the date of receipt by the Township zoning officer of the written request required in Subsection 7.A. and Subsection 7.A.(2).
D.
If, in the opinion of the Township zoning officer, the conditions for renewal described in Subsection 7A.(3) do not apply, then the Township zoning officer shall not issue a renewal of zoning permit, but shall require the applicant to reapply for a zoning permit according to the procedure provided in Subsection 7.B. above.
E.
Nothing in this section shall be interpreted to compel the Township zoning officer to renew a zoning permit, instead of requiring application for a new zoning permit.
§ 27-1704 Use and Occupancy Certificate.
[Ord. No. 2022-02, 7/11/2022]
1.
A use and occupancy certificate shall be required upon the completion of the work for which a zoning permit was issued. It shall be unlawful to use or occupy any structure, building, or land or portions thereof in any manner until a use and occupancy certificate has been issued.
A.
The Township zoning officer shall inspect structures, buildings, signs, and land or portions thereof to determine conformance with the zoning permit issued therefor. If he or she is satisfied that the completed work is in conformity with this chapter and with the work listed in the zoning permit, he or she shall issue a use and occupancy certificate.
B.
A use and occupancy certificate shall be granted or refused in writing within 10 days of the date of application.
C.
A temporary use and occupancy certificate may be granted for not more than one year when warranted due to conditions pending completion or resolution.
D.
In zoning districts in which performance standards are imposed, no use and occupancy certificate shall become permanent until the Township zoning officer has re-inspected the subject use, land, building, or structure, and determined that it is in compliance with all performance standards.
(1)
The owner of such use, land, building, or structure shall request, in such form as the Township zoning officer may prescribe, re-inspection by the Township zoning officer. Such request shall be made not less than 30 nor more than 45 days after the same is fully operating, but in no event shall such request be made more than 120 days after the use and occupancy certificate has been issued.
(2)
The Township zoning officer shall re-inspect the subject use, land, building, or structure within 30 days of receipt of the owner request.
(3)
Within 10 days of the re-inspection, the Township zoning officer shall notify the applicant that either:
(a)
The subject use, land, building, or structure is in full compliance with all performance standards and the use and occupancy certificate is permanent; or
(b)
The subject use, land, building, or structure does not comply with the performance standards and that the use and occupancy certificate is still temporary and may be revoked if the applicant does not correct all violations.
(4)
Requests for additional re-inspections and action by the Township zoning officer for correction of non-compliant aspects and/or violations shall follow the same procedure and requirements as described in this subsection for inspections.
(5)
If the Township zoning officer fails to re-inspect a use, land, building, or structure within 30 days of receipt of notification requesting re-inspections, the same shall be deemed to be in full compliance with all performance standards and the use and occupancy certificate shall be considered permanent without further action on the part of the applicant.
§ 27-1705 Conditional Uses.
[Ord. No. 2022-02, 7/11/2022]
1.
Purpose. Before a zoning permit is granted for any use listed as a conditional use in this chapter or requiring conditional use approval pursuant to this chapter, a site plan shall be reviewed by the Planning Commission and approved by the Township Board of Supervisors. This procedure is provided because of the considerable impact that these uses may tend to have on the community.
2.
Zoning Approval.
A.
An applicant shall make all reasonable efforts to ensure that a proposed use will be allowable under this Zoning Ordinance prior to a submission to the Township for a formal conditional use review.
B.
The conditional use application to the Township shall not be accepted until all required and identifiable zoning variances and special exception approvals have been received.
C.
Prior to requesting any other zoning relief, an applicant may request an informal review by the Planning Commission of a site plan.
D.
A conditional use approval by itself shall not relieve the applicant of any other obligation or requirement under any Township ordinance or any other applicable regulation.
E.
A conditional use review may and should be coordinated with any and all applicable Subdivision or Land Development reviews.
3.
Application for Conditional Use Approval.
A.
Any application for conditional use shall be in writing on the specified form and shall be submitted to the Township secretary. Such applications shall include all information specified for any required zoning, building, or use and occupancy certificate application, and any other information necessary to allow the Board of Supervisors to determine if all the requirements of this chapter have been met, including a site plan as stipulated below. An application shall not be considered complete unless accompanied by all required information and the appropriate filing fee as required by resolution of the Board of Supervisors as may be adopted from time to time.
B.
Site Plan. The application for conditional use shall be accompanied by 12 complete copies of a proposed site plan to include the following information:
(1)
Site plan shall be drawn to a scale of one inch equals 50 feet;
(2)
Location, dimensions, use, coverage, and height of proposed buildings and proposed improvements in relation to property and street lines;
(3)
Dimensional features showing compliance with the applicable area, width, coverage, yard, and design standards as specified in this Zoning Ordinance;
(4)
Location, dimension, and arrangements of proposed facilities, including, but not limited to, sidewalks, parking areas, site access including easements where applicable, and interior circulation, off-street loading and unloading, and lighting for these areas;
(5)
Location, dimensions, and arrangement of all areas devoted to open space, screening or buffer yards, ground cover, trees and other plantings, and recreation;
(8)
A copy of the last recorded subdivision plan of which the property is part;
(9)
Locations and design of all on-site and off-site improvements related to access control and traffic capacity and list of all required permits;
(10)
List all protective and restrictive covenants, both existing and proposed;
(11)
List all required state and federal environmental permits;
(12)
Document provisions for providing water service and sewage disposal along with an outline of any required permits and studies. Provide letters from applicable service providers.
C.
The applicant shall provide a detailed description of the proposed conditional use in each of the following topics as applicable to the proposed use:
(1)
The nature of the on-site activities and operations, the types of materials stored, the frequency of distribution and restocking, the duration period of storage of materials, and the methods for disposal of any surplus or damaged materials. In addition, the applicant shall furnish evidence that the disposal of materials will be accomplished in a manner that complies with state and federal regulations;
(2)
The general scale of the operation, in terms of its market area, specific floor space requirements for each activity, and the total number of employees on each shift;
(3)
Any environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts;
(4)
The suitability of the proposed conditional use for the site, considering the disturbance of steep slopes, mature woodland, wetlands, floodplains, springs and other important natural features;
(5)
Hours of Operation.
4.
The Board of Supervisors shall refer the application for conditional use to the Township engineer, the Township Planning Commission, and/or the Township zoning officer for review and comment; provided, however, that such referral shall not delay the public hearing or decision of the Supervisors. A minimum of one copy shall be retained in the Township files.
5.
The Board of Supervisors shall schedule a public hearing on the application for conditional use within 60 days after the complete application is received by the Township secretary.
7.
Planning Commission Review.
A.
The Planning Commission shall review, with the assistance of the Township staff and appointed consultants, the conditional use application and submit a recommendation to the Board of Supervisors prior to any action of the Board of Supervisors.
B.
It is the responsibility of the applicant to coordinate the scheduling of the conditional use application on the Planning Commission meeting agenda.
C.
If the Planning Commission has not reviewed and provided comment on the conditional use application, and if the applicant fails to deliver to the Township a written extension of time for rendering a decision within the time period prescribed under the Pennsylvania Municipalities Planning Code[4] or any other ordinance or regulation, the Supervisors shall deny the conditional use application.
[4]
Editor's Note: See 53 P.S. §§ 10101 et seq.
8.
The Board of Supervisors shall issue a written decision, either granting or denying the conditional use, within 45 days after the last evidentiary hearing, and shall mail the same to the applicant within one business day after it is issued in writing. When the application has been contested or denied, each decision shall be accompanied by written findings of fact and conclusions based thereon, together with any reasons therefor.
9.
In granting a conditional use, the Board of Supervisors may impose such reasonable conditions and safeguards, in addition to those set forth in this chapter, as the Board of Supervisors deems necessary to implement the purposes of this chapter, specifically including Subsection 10. and the Municipalities Planning Code.[5]
[5]
Editor's Note: See 53 P.S. §§ 10101 et seq.
10.
Conditional uses shall meet any specific standards established by this chapter for each use, shall meet all other applicable regulations set forth in the particular zoning district in which the conditional use is to be conducted, and shall meet general regulations and performance standards established by this chapter, when applicable. In addition, the following standards shall be met:
A.
The proposed conditional use shall be one which is specifically authorized as a conditional use in the applicable zoning district regulations;
B.
The proposed conditional use shall not conflict with the goals, objectives, and policies of the Lower Mount Bethel Township Comprehensive Plan;
C.
The size, scope, extent, and character of the proposed conditional use shall not conflict with the spirit, purposes and intent of all applicable provisions of all Township ordinances and regulations;
D.
The proposed conditional use shall not conflict with applicable state and federal laws, regulations, and requirements;
E.
Water, sewage disposal, utilities, and other necessary services shall be available to adequately serve the proposed conditional use;
F.
The proposed conditional use shall follow adequate and professionally accepted engineering methods and legal requirements to manage stormwater. This shall not be a criterion of a decision under this chapter if the application or project clearly will be subject to a separate engineering review and approval of stormwater management by the Board of Supervisors under another Township ordinance;
G.
The size, scope, extent, and character of the proposed conditional use shall not generate traffic that will result in hazardous or congested conditions;
H.
Sufficient safeguards relating to such matters as parking, traffic control, screening, buffer areas, and setbacks shall be imposed to remove any potential adverse effect of the proposed conditional use on adjoining property or the neighborhood;
I.
The proposed conditional use shall not create or cause detrimental effects on the environment and/or community by reason of emission of odor, dust, smoke, noise, vibration, or excessive light beyond the limits of its lot, other than those typically associated with the proposed conditional use;
J.
The proposed use shall not create a significant hazard to the public health and safety, such as fire, toxic or explosive hazards.
K.
The size, scope, extent, and character of the proposed conditional use shall not adversely affect the general health, safety and welfare, or adversely impact the use of adjacent property;
L.
The proposed use shall not substantially change the character of any surrounding residential neighborhood after considering any proposed conditions upon approval, such as limits upon hours of operation; safety.
M.
The granting of approval of any proposed conditional use shall not relieve the applicant from full compliance with all other applicable provisions and requirements of the ordinances of Lower Mount Bethel Township, including specifically the Subdivision and Land Development Ordinance[6] and any building codes;
N.
The applicant for the proposed conditional use will adequately comply with any applicable impact assessments;
O.
All proposed conditional uses shall comply with all applicable provisions of this Part and, prior to any such use being established in Lower Mount Bethel Township, a land development plan shall be submitted for review and approval in accordance with the Subdivision and Land Development Ordinance,[7] unless waived by the Board of Supervisors.
§ 27-1706 Notice of Violation.
[Ord. No. 2022-02, 7/11/2022]
1.
If it appears to the Township that a violation of any provision of this chapter or any amendment thereto, any detailed statement or a plan approved under the provisions of this chapter or any amendment thereto, or any condition of a variance or special exception granted by the Zoning Hearing Board, or of any conditional use granted by the Board of Supervisors, has occurred or is occurring, then the Township zoning officer shall be authorized to initiate enforcement proceedings by sending notice thereof as provided in this Part. By means of the enforcement notice, the Township zoning officer may order discontinuance of illegal use of the land or structures, removal of illegal structures, or discontinuance of any illegal work being done.
2.
Enforcement Notice: The enforcement notice shall be sent to the owner of record of the parcel on which the violation has occurred by registered mail with return receipt and first class mail, and to any person who has filed a written request to receive such a notice regarding that parcel, and to any other person requested, in writing, by the owner of record of the parcel, and to any other person against whom the Township intends to take action. The enforcement notice shall, at least, state the following:
A.
The name of the owner of record and any other person or entity for whom notice has been requested, and any other person against whom the Township intends to take action;
B.
The location of the property or any specific portion of the property in violation;
C.
The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of this chapter;
D.
The date before which actions to achieve compliance must be commenced and the date before which the actions must be completed and compliance achieved;
E.
That the recipient of the notice has the right to appeal to the Zoning Hearing Board within a prescribed period of time in accordance with the procedures set forth in this chapter;
3.
Stop Order.
A.
In addition to a notice of violation/enforcement notice, a stop order may be issued under the following circumstances and in the same manner as a notice of violation, as follows:
(1)
If activities regulated by this chapter are undertaken without the required zoning permit, or use and occupancy certificate being granted by the Township;
(2)
If an activity undertaken under a zoning permit deviates from the approved application either during or after completion of the work;
(3)
If a use is conducted or a building or structure is established in a way which is in violation of the use restrictions; the area, yard, impervious coverage, or structure height regulations; performance standards; general regulations; or any other requirements of this chapter;
(4)
If an activity permitted by special exception, variance, or conditional use is not conducted in accordance with the terms of the granting of the special exception, variance, or conditional use.
B.
The stop order shall state, as a minimum:
(1)
The name of the owner of record, the lessee, if any, and any other person or agency against whom the Township intends to take action, as may be applicable, against whom the order is written;
(2)
The location of the property;
(3)
The specific violation with a description of the requirements which have not been met and citing the applicable provisions of this chapter or any other Township regulation(s) or ordinance(s) and the applicable section(s) thereof, or any conditions attached to a variance, use by special exception, or conditional use;
(4)
The conditions, if any, under which work may continue;
§ 27-1707 Causes of Action.
[Ord. No. 2022-02, 7/11/2022]
1.
Whenever a violation of this chapter occurs or is alleged to have occurred, any person may file a written complaint. Such complaint, stating fully the causes and basis thereof, shall be filed with the Township zoning officer who shall record such complaint, investigate, and take action thereon as provided by this chapter and report to the Board of Supervisors regarding the complaint and the action thereon.
2.
In case any building, structure, landscaping, or land is or is proposed to be erected, constructed, reconstructed, altered, converted, maintained, or used in violation of this chapter, the Board of Supervisors or the Township zoning officer, may, in addition to other remedies, institute any appropriate action or proceeding to prevent, restrain, correct, or abate such a building, structure, landscaping, or land, or to prevent, in or about such premises, any action in violation of this chapter. Notice of such action shall be served upon all parties of interest at least 30 days prior to the time the action is begun. Except in an emergency situation, no such action may be maintained until such notice is given.
§ 27-1708 Enforcement Remedies and Penalties.
[Ord. No. 2022-02, 7/11/2022]
1.
Any person, partnership, or corporation who or which has violated or permitted the violation of the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, before a Magisterial District Judge, pay a judgment of not more than $500 plus all court costs, or as otherwise may be prescribed under the Municipalities Planning Code[1] or the Township Code, including reasonable attorney fees incurred by the Township as a result thereof.
[1]
Editor's Note: See 53 P.S. §§ 10101 et seq.
2.
No judgment shall commence or be imposed, levied, or payable until the date of the determination of a violation by a Magisterial District Judge.
3.
If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure.
4.
Each day that a violation continues shall constitute a separate violation, unless the Magisterial District Judge determining that there has been a violation further determines that there was a good-faith basis for the person, partnership, or corporation violating the chapter to have believed that there was no such violation. In such case, there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the Magisterial District Judge; thereafter, each day that the said violation continues shall constitute a separate violation.
5.
All judgments, costs, and reasonable attorney fees collected for the violation of this chapter shall be paid to the Township of Lower Mount Bethel.
6.
The Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem civil penalty pending a final adjudication of the violation and judgment.
7.
Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than duly authorized representatives of the Township of Lower Mount Bethel the right to commence any action for enforcement pursuant to this chapter, unless otherwise authorized by the Pennsylvania Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. §§ 10101 et seq.
§ 27-1709 Appeals.
[Ord. No. 2022-02, 7/11/2022]
Proceedings for the review or appeal of any ordinance, decision, determination, or order of the Board of Supervisors, the Zoning Hearing Board, or other Township agencies, or officers adopted or issued pursuant to this chapter shall be in accordance with the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. §§ 10101 et seq.
§ 27-1710 Amendment.
[Ord. No. 2022-02, 7/11/2022]
1.
The Board of Supervisors may from time to time amend, supplement, change, modify, or repeal this chapter, including the Zoning Map, by proceeding in the manner prescribed by this section.
A.
Amendment by the Board of Supervisors.
(1)
The Board of Supervisors, by resolution adopted at a public meeting, shall fix the time and place of a public hearing on a proposed amendment and cause notice thereof to be given as provided in Subsection 1.F. of this chapter.
(2)
The Board of Supervisors shall refer each proposed change or amendment to the Township Planning Commission and the Lehigh Valley Planning Commission at least 30 days prior to the hearing on such proposed amendment to provide the Planning Commissions an opportunity to submit recommendation on the proposed amendment. The Planning Commissions shall consider whether or not the proposed change or amendment would be, in the view of the Commissions, consistent with the purposes and objectives set forth in Part 1, § 27-104, Community Development Objectives, in this chapter, and desirable in the furtherance of the plan therein referred to for future land development.
B.
Amendment by Citizens' Petition.
(1)
Whenever the owners of 50% or more of the area for which a change of zoning regulations or classification is sought shall present to the Board of Supervisors a petition duly signed and acknowledged requesting an amendment, supplement, change, modification, or repeal of the regulations prescribed for or of the Zoning Map including such district or part thereof, it shall be the duty of the Board of Supervisors to hold a public hearing thereon and cause notice thereof to be given in the manner prescribed above.
(2)
Applicants to the Board of Supervisors for the amendment, supplement, change, or modification of the provisions of this chapter shall, upon the filing of such application, pay the appropriate fees established by the Township for each application to cover the costs of advertising and aforesaid notice, the cost of stenographic services and any other expense incurred in connection with such application; provided, however, that if the total of the aforesaid costs and expenses does not exceed the amount provided, any difference shall be refunded to the applicant.
C.
Landowner Curative Amendments.
(1)
A landowner who desires to challenge on substantive grounds the validity of this chapter, any provision thereof, or the Zoning Map which prohibits or restricts the use or development of land in which he or she has an interest, may submit a curative amendment to the Board of Supervisors along with a written request that his or her challenge and proposed amendment be heard and decided as provided for in § 609.1 and § 916.1 of the Pennsylvania Municipalities Planning Code,[1] as amended.
[1]
Editor's Note: See 53 P.S. §§ 10609.1 and 10916.1.
(2)
Petition for curative amendment shall contain the reasons for the challenge of the validity of the Zoning Ordinance together with the plans and explanatory materials describing the use or development proposed by the landowner in lieu of the use or development permitted by the challenged Zoning Ordinance or Zoning Map.
(4)
The curative amendment shall be referred to the Lehigh Valley Planning Commission and the Lower Mount Bethel Township Planning Commission in accordance with Subsection A.2. of this section, and notice of the hearing thereon shall be given as provided in Subsection 1.F. here below. The hearing shall be conducted in accordance with Part 18, § 27-1802, of this chapter; all references therein to the Zoning Hearing Board shall, for purposes of this section, be references to the Board of Supervisors.
(5)
The Board of Supervisors shall render its decision within 45 days after the conclusion of the last public hearing. A denial of the curative amendment is deemed to have occurred on the 46th day after the close of the last hearing if the Board of Supervisors fails to render a decision within 45 days after the last hearing.
(6)
The Board of Supervisors which has determined that a validity challenge has merit may accept a landowner's curative amendment, with or without revision, or may adopt an alternative amendment which will cure the challenged defects. The Board of Supervisors shall consider the curative amendments, plans and explanatory material submitted by the landowner and also shall consider:
(a)
The impact of the proposal upon roads, sewer facilities, water supplies, schools and other public service facilities;
(b)
If the proposal is for a residential use, the impact of the proposal upon regional housing needs and the effectiveness of the proposal in providing housing units of a type actually available to and affordable by classes of persons otherwise unlawfully excluded by the challenged provisions of the Zoning Ordinance or Zoning Map;
(c)
The suitability of the site for the intensity of use proposed by the site's soils, slopes, woodland, wetlands, floodplains, aquifers, natural resources and other natural features;
(d)
The impact of the proposed use on the site's soils, slopes, woodlands, wetlands, floodplains, natural resources and natural features, the degree to which these are protected or destroyed, the tolerance of the resources to development and any adverse environmental impacts; and
(e)
The impact of the proposal on the preservation of agriculture and other land uses which are essential to public health and welfare.
(7)
The curative amendment shall be deemed denied when:
(a)
The Board of Supervisors fails to commence the hearing within 60 days;
(b)
The Board of Supervisors notifies the landowner that it will not adopt the curative amendment;
(c)
The Board of Supervisors adopts another curative amendment which is unacceptable to the landowner; or
(d)
The Board of Supervisors fails to act on the request 45 days after the close of the last hearing on the request, unless the time is extended by mutual consent by the landowner and Board of Supervisors.
D.
Municipal Curative Amendment.
(1)
If the Board of Supervisors determines that the Zoning Ordinance or any portion thereof is substantially invalid, it shall declare by formal action that its Ordinance or portions thereof are substantially invalid and shall propose to prepare a curative amendment to overcome such invalidity.
(2)
Within 30 days following the declaration and proposal the Board of Supervisors shall:
(3)
Within 180 days from the date of the declaration and proposal, the Board of Supervisors shall enact a curative amendment to validate, or reaffirm the validity of, its Zoning Ordinance pursuant to the provisions required by Subsection 1.A., 1.E., and 1.F. in order to cure the declared invalidity of the Zoning Ordinance.
(4)
Upon the initiation of the procedures set forth in Subsection 1.D.(1), the Board of Supervisors shall not be required to entertain or consider any landowner's curative amendment filed under Subsection 1.C. nor shall the Zoning Hearing Board be required to give a report requested under Part 18, § 27-1806, subsequent to the declaration and proposal based upon grounds identical or substantially similar to those specified in the resolution.
(5)
If the Board of Supervisors utilizes the procedures set forth in Subsection 1.D.(1) or 1.D.(2), the Board of Supervisors may not utilize said procedure for a thirty-six-month period following the date of the enactment of a curative amendment, or reaffirmation of the validity of its Zoning Ordinance; provided, however, if after the date of declaration and proposal there is a substantially new duty or obligation imposed upon the Board of Supervisors by virtue of a change in statute or by virtue of a Pennsylvania Appellant Court decision, the Board of Supervisors may then utilize provisions of this section to prepare a curative amendment to its Zoning Ordinance to fulfill said duty or obligation.
E.
Public Hearing.
(1)
The Board of Supervisors shall hold a public hearing before voting on the enactment of any amendment or change.
(2)
If, after a public hearing held upon an amendment or change, the proposed amendment is changed substantially or is revised, further revised to include land previously unaffected by the amendment or change, the Board of Supervisors shall hold another public hearing, pursuant to public notice as required by the Municipalities Planning Code,[3] prior to voting on the amendment or change.
[3]
Editor's Note: See 53 P.S. §§ 10101 et seq.
(3)
The vote by the Board of Supervisors concerning the amendment or change shall be no more than 45 days after the last public hearing.
§ 27-1711 Procedure to Obtain Preliminary Opinion from Township Zoning Officer.
[Ord. No. 2022-02, 7/11/2022]
1.
In order not to unreasonably delay the time when a landowner may secure assurance that the Zoning Ordinance or Zoning Map under which he or she proposes to build is free from challenge, and recognizing that the procedure for preliminary approval of his or her development may be too cumbersome or may be unavailable, the landowner may advance the date from which time for any challenge to the Zoning Ordinance or Zoning Map will run under Part 18, § 27-1802, Subsection 1.C., of this chapter by the following procedure:
A.
The landowner or other authorized person may submit plans and other materials describing his or her proposed use or development to the Township zoning officer for a preliminary opinion as to their compliance with the applicable Zoning Ordinance and Zoning Map. Such plans and other materials shall not be required to meet the standards prescribed for preliminary, tentative, or final plan approval under the Subdivision and Land Development Ordinance[1] or for the issuance of a building or zoning permit so long as they provide reasonable notice of the proposed use or development and a sufficient basis for a preliminary opinion as to its compliance.
2.
Notice.
A.
If the Township zoning officer's preliminary opinion is that the use or development complies with the Zoning Ordinance or Zoning Map (as the case may be), then written notice thereof shall be published by the Township once each week for two successive weeks in a newspaper of general circulation in the Township in accordance with the Municipalities Planning Code.[2] Such notice shall include a general description of the proposed use or development and its location, by some readily identifiable directions, and the place and times where the plans and other materials may be examined by the public. On or before the same date that the first notice is published in such newspaper, the notice shall also be conspicuously posted by the Township in a prominent publicly accessible location on the affected tract of land that is the location of the proposed use or development, said posting to be in accordance with the provisions of the Municipalities Planning Code[3] for the posting of a proposed rezoning of a tract of land. The notice shall also be given by the Township by first class mail, on or before the date of first publication of the notice, to the applicant and all owners of record (per the tax assessment office or deeds) of all lands adjacent to or within 300 feet of the perimeter of the property on which the proposed use or development would be located. The names and addresses of such persons to whom the notice shall be mailed shall be provided to the Township by the applicant at the time of filing of the application. The notice shall also be mailed on the same date as the other mailings hereunder to any person who has made timely request to the Township for such notice. All publication, posting, and mailing of the notice shall be performed by the Township, but the applicant shall reimburse the Township for the reasonable costs of same, including staff and administrative costs. The Township may require that the applicant establish and fund an escrow account in accordance with the Township's usual and customary procedures in a reasonable amount to ensure such reimbursement.
B.
For any preliminary opinion on a proposed use or development that would be located on a property which lies within 500 feet of the boundary with another township, the secretary of the Board of Supervisors shall transmit to the secretary of such other township a copy of the official notice of such preliminary opinion, not later than one-day after the first publication thereof in accordance with § 27-1711, Subsection 2.B. above. Such other township shall have the right to comment on the preliminary opinion on a proposed use or development.
3.
Effective Date and Time for Appeal. The effective date of any favorable preliminary opinion under this chapter, and the time specified in Part 18, § 27-1802, Subsection 4.E. for commencing a proceeding with the Zoning Hearing Board upon such opinion, shall run from the time when the second notice thereof has been published. Anyone may appeal a favorable preliminary approval to the Zoning Hearing Board under this section if done so no later than 30 days from the date when the second notice was published in a newspaper of general circulation.
§ 27-1712 Schedule of Fees.
[Ord. No. 2022-02, 7/11/2022]
1.
The Board of Supervisors shall establish by resolution a schedule of fees, charges, expenses, and collection procedures for zoning permits, special exceptions, variances, appeals to the Zoning Hearing Board, curative amendment hearings, and other matters pertaining to the administration of this chapter.
2.
Said schedule of fees shall be available for inspection in the office of the Township zoning officer.
3.
The schedule of fees may be altered or amended by resolution of the Board of Supervisors.
4.
Application for permits or hearings shall be incomplete until payment in accordance therewith has been made.