North Whitehall Township
City Zoning Code
City Zoning Code
ARTICLE I
General Provisions; Administration
§ 440-1 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 chapter in accordance with the Pennsylvania Municipalities Planning Code,[1] including provisions for special exceptions and variances to be administered by a Zoning Hearing Board and conditional uses to be administered by the Board of Supervisors; and
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
E.
Establishing provisions for the protection of certain natural features.
§ 440-2 Short title.
This chapter shall be known and be cited as the "North Whitehall Township Zoning Ordinance" of 2002.
§ 440-3 Severability.
It is hereby declared to be the legislative intent that:
A.
If a court of competent jurisdiction declares any provisions of this chapter to be invalid or ineffective in whole or in part, the effect of such decision shall be limited to those provisions which are expressly stated in the decision to be invalid or ineffective, and all other provisions of this chapter shall continue to be separately and fully effective. The Board of Supervisors hereby declares that it would have passed this chapter and each section or part thereof irrespective of the fact that any one or more sections or parts thereof be declared invalid.
B.
If a court of competent jurisdiction declares this entire new ordinance to be invalid or ineffective, then the previous North Whitehall Township Zoning Ordinance, as amended up to and including the intended adoption date of the new ordinance, shall be automatically considered to remain in effect.
§ 440-4 Procedural defects in enactment.
Allegations that this chapter 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.
§ 440-5 Repealer.
The preexisting 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 chapter that are clearly in direct conflict with this chapter.
§ 440-6 Effect on other ordinances.
§ 440-7 Enactment.
Under the authority conferred by the Pennsylvania Municipalities Planning Code, as amended,[1] the Board of Supervisors of North Whitehall Township hereby enacts and ordains into an ordinance the attached document this date of December 4, 2002. This chapter shall become effective in five calendar days.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 440-8 Applicability.
§ 440-9 Purposes and objectives.
This chapter is hereby adopted:
B.
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;
C.
In consideration of the character of the Township, its various parts and the suitability of the various parts for particular uses and structures;
D.
To provide for a safe, reliable and adequate water supply;
E.
To provide for the preservation of natural, scenic and historical values in the environment and the preservation of forests, wetlands, aquifers and flood-prone areas; and
F.
To assist in carrying out the purposes and provisions of the Constitution of the Commonwealth of Pennsylvania (especially Article I, Section 27); the Pennsylvania Flood Plain Management Act; Pennsylvania Storm Water Management Act;[2] Pennsylvania DEP regulations on erosion and sedimentation control; Pennsylvania Department of Transportation regulations on highway access control; and other relevant federal and state laws, regulations, official policies and relevant court decisions.
[2]
Editor's Note: See 32 P.S. § 679.101 et seq. and 32 P.S. § 680.1 et seq., respectively.
§ 440-10 Permits and certificates.
A.
Applicability.
(1)
Any of the following activities or any other activity regulated by this chapter shall only be carried out in conformity with this chapter:
(2)
Types of permits. The following types of permits are required for the following situations:
(a)
Zoning permit. A zoning permit indicates that a zoning application complies with this chapter to the best knowledge of the applicable Township staff. 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 § 440-10A(2)(e) below about how building and zoning permits may relate];
[2]
Change of the type of use or expansion of the use of a structure or area of land;
[3]
Creation of a new use;
[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 Chapter 242, Floodplain Management, of the Code; 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 § 440-30, creation of a new use, or change in use of a structure or land. This permit indicates, to the best knowledge of the applicable Township staff, that the premises complies with the provisions of Township ordinances. A use and occupancy permit shall not be required for a 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 Township-owned 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:
[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 chapter as the zoning permit, building permit, and use and occupancy permit, respectively.
B.
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 chapter. However, such work may require a permit under the Township Building Code.[1]
C.
Types of uses.
(2)
Special exception use or application requiring a variance. A permit under this chapter for a use requiring a special exception or variance shall be issued by the Zoning Officer only upon the written decision of the Zoning Hearing Board following a hearing.
(3)
Conditional use. A permit under this chapter 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.
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 number of copies of a site plan that are stated on the official application or this chapter. 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 chapter:
(a)
The location and dimensions of the lot;
(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;
(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 chapter.
(4)
Submittals to the Board. In addition to the information listed in Subsection D(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 chapter:
(a)
The present zoning district and major applicable lot requirements.
(b)
A description of the proposed nonresidential 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 chapter being appealed, with the reasons for any appeal.
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.
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 this chapter in case of one or more of the following:
(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 [2]provides for penalties for providing false information to a municipal employee in the carrying out of his/her duties.);
[2]
Editor's Note: See 18 Pa.C.S.A. § 101 et seq.
(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 chapter or an approved site plan or approved permit application;
(d)
For any other just cause set forth in this chapter; and/or
(2)
Other laws. The Zoning Officer may withhold issuance of a permit under this chapter, 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,[3] may appeal decisions under this chapter 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 § 440-10D(1) of this chapter regarding applications.
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
G.
Zoning permit for temporary uses and structures.
(1)
A zoning permit for a temporary use or structure may be issued by the Zoning Officer for any of the following:
(a)
Any temporary use that meets the requirements of this chapter;
(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 § 440-10G(3) below.
(c)
Temporary construction-related trailers, structures and uses as provided for in § 440-36E(1)(t);
(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;
(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 § 440-10G(1)(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.
H.
Changes to approved plans.
(1)
After the issuance of a permit and/or approval of a site plan under this chapter by the Township, such permit and/or approved site plan shall not be 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 reapproval of the changes by such bodies if the Zoning Officer determines that such changes significantly affect matters that were within their approval. Such reapproval 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.
§ 440-11 General procedure for permits.
A.
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.
C.
Appeal. See § 440-18E(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.)
D.
After the permit under this chapter has been received by the applicant, the applicant may undertake the action permitted by the permit under this chapter, 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 thirty-day appeal period shall be at the risk of the applicant.
§ 440-12 Interpretation and similar uses.
A.
Minimum requirements. The provisions of this chapter shall be interpreted as the minimum requirements to promote public health, safety and general welfare. Where more than one provision of this chapter controls a particular matter, the provision that is more restrictive upon uses and structures shall apply. The provisions of this chapter are in addition to any other applicable Township ordinance.
B.
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 chapter 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 § 440-82F(3);
(3)
The use would meet the standards that would apply under § 440-26 to a special exception use, as listed in § 440-25C(4)(a) through (g); and
(4)
The use is not specifically prohibited in that district.
C.
Sketches. Sketches in this chapter are for illustrative purposes only and are not regulatory.
D.
Interpretation of ordinance text and boundaries.
(1)
The Zoning Officer shall literally apply the wording of this chapter 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 this chapter should be interpreted in the applicant's favor, the applicant may appeal to the Zoning Hearing Board. See§ 440-18 and the Township fee schedule concerning appeals by an applicant to the Zoning Hearing Board.
§ 440-13 Enforcement; violations and penalties.
All of the enforcement, violations and penalty provisions of the Pennsylvania Municipalities Planning Code, as amended,[1] shall apply. The following provisions shall apply unless a differing provision is specifically stated in the Pennsylvania Municipalities Planning Code.
A.
If the Township has reason to believe that a violation of a provision of this chapter 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.
B.
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.
C.
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 have not been met, citing applicable provisions of this chapter.
(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.
D.
Causes of action. The provisions of the Pennsylvania Municipalities Planning Code, as amended, shall apply.
E.
Enforcement remedies. The provisions of the Pennsylvania Municipalities Planning Code, as amended, shall apply.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 440-14 Filing fees; 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 chapter. No application or appeal shall be considered filed until all fees are paid.
§ 440-15 Amendments.
A.
Within the requirements of the Pennsylvania Municipalities Planning Code,[1] the Board of Supervisors may amend or repeal any or all portions of this chapter:
(1)
On its own motion; or
(2)
Upon agreeing to hear a written request of any person, entity, landowner or the Planning Commission.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
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 and mailed notice and electronic notice if applicable per 53 P.S. § 10109. 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C.
Review of amendments.
(1)
In the case of an amendment other than that prepared by or under the direction of the Planning Commission, the Board of Supervisors shall submit each such amendment to the Planning Commission 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 Valley 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.
E.
Application for ordinance amendment. Any request for amendment of this chapter (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 effects 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.
F.
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.
G.
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 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.
§ 440-16 Curative amendments.
A.
Submittal. A landowner who desires to challenge on substantive grounds the validity of this chapter 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.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
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.
C.
Municipal curative amendments. The applicable provisions of the Pennsylvania Municipalities Planning Code shall apply (as amended.).
§ 440-17 Zoning Officer.
A.
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.
B.
Duties and powers. The Zoning Officer's duties and powers shall include the following:
(1)
Administer this chapter, including to receive and examine all applications required under the terms of this chapter and issue or refuse permits within the provisions of this chapter;
(2)
Conduct inspections to determine compliance and receive complaints of violations of this chapter;
(a)
To determine compliance with this chapter, the Zoning Officer shall have the right to enter property or structure at a reasonable hour in the course of his duties, within the limitations of the law;
(3)
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 chapter;
(5)
Review proposed subdivisions and land developments for compliance with this chapter; and
§ 440-18 Zoning Hearing Board actions and variances.
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.
B.
Vacancies. The Board shall promptly notify the Board of Supervisors of any vacancies which occur. Appointments to fill vacancies shall be only for the unexpired portion of a term.
C.
Removal of members. 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.
D.
Organization. The applicable provisions of the Pennsylvania Municipalities Planning Code, as amended, shall apply.
E.
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 chapter.
(2)
Challenge to the validity of this chapter or the Zoning Map. The applicable provisions of the Pennsylvania Municipalities Planning Code, as amended, shall apply.
(3)
Variance.
(a)
The Board shall hear requests for variances filed with the Board, in writing, by any landowner (or any tenant with the permission of such landowner).
(b)
Standards. The Board may grant a variance only within the limitations of state law:
[1]
Where 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 chapter in the neighborhood or district in which the property is located;
[2]
Because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of this chapter and a variance is therefore necessary to enable the reasonable use of the property;
[3]
Such unnecessary hardship has not been created by the appellant;
[4]
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
[5]
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 chapter.
(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 chapter and in accordance with such standards and criteria contained in this chapter and the procedures in § 440-26.
(b)
Conditions. In granting a special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes and intent of this chapter.
(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 chapter 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[2] and/or applicable state law, as amended, to serve persons who the applicant proves have "disabilities" as defined in and protected by such laws.
[2]
Editor's Note: See 42 U.S.C. §§ 12101 et seq. and 3601 et seq., respectively.
(6)
The Zoning Hearing Board shall also hear any other matters as set forth in the Pennsylvania Municipalities Planning Code, as amended.
F.
Time limitations for appeals. The applicable provisions of the Pennsylvania Municipalities Planning Code, as amended, shall apply.
G.
Stay of proceedings. The stay of proceedings provisions of the Pennsylvania Municipalities Planning Code, as amended, shall apply.
H.
Time limitations on zoning and building permits and other zoning approvals.
(1)
Subject to the provisions of § 440-18H(1)(a), (b) and (c), after a variance is approved or other zoning approval is officially authorized, then 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.
(a)
Township approvals. If the applicant submits complete plans for subdivision or land development approval that are related to the zoning approval/permit within the above time limits, and diligently continues to actively complete such approval process, then the above time limits shall begin after the subdivision or land development approval is granted.
(b)
Phasing. If a subdivision or land development or special exception or conditional use approval is clearly tied to specific phases of construction, then the above time limits shall begin from the date final authorization is granted by the Township to begin each applicable phase.
(c)
Federal or state approvals. If an application requires a federal or state permit or approval, or an approval is under court appeal, then the above time limits shall apply from the date such permit or approval is granted or such final judicial decision is issued, provided 1) the applicant applied for such permit or approval during the Township approval process; and 2) the applicant continues to diligently seek such approval, permit or decision.
(2)
Extension. In response to an applicant stating good cause in writing, the Zoning Officer may extend in writing the above application and construction initiation periods to a maximum total of up to 36 months. All renewals of building and zoning permits require a new application fee at the time of renewal as in the current Township fee schedule.
(3)
If an applicant fails to obtain the necessary permits or begin construction within the above time periods or allows interruptions in substantial construction of longer than 12 months, the Zoning Officer may conclusively presume that the applicant has waived, withdrawn or abandoned approvals and permits under this chapter and may consider all such approvals and permits to have become null and void.
§ 440-19 Board hearings and decisions.
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)
Ad. Public notice and mailed notice and electronic notice if applicable per 53 P.S. § 10109 shall be published, as defined by the Pennsylvania Municipalities Planning Code. The notice shall state the time and place of the hearing and the particular nature of the matter to be considered.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2)
Posting. Notice of such hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing. It is the responsibility of the applicant to ensure that such notice is posted and remains posted until the hearing.
(3)
Persons given notice. The Township shall provide written notice to the applicant and Zoning Officer of the time and place of the hearing. The Township should also provide notice to a) the Chairperson of the Planning Commission, and b) the Chairperson of the Board of Supervisors. In addition, the Township shall endeavor to provide notice to the last known principal owner of record of each property within 200 feet of the lot lines of the subject property; however, failure to provide such notice shall not be grounds for an appeal. Also, such notice shall be given to any other person or group (including civic or community organizations) who has made a written timely request for such notice.
(a)
Any such notices should be mailed or delivered to the last known address. Such notice should be intended to be received at least five days prior to the hearing date.
(b)
At his/her own complete discretion, the Zoning Officer may provide notice to additional persons, such as if the Zoning Officer believes a proposal could have regional impacts.
(4)
Adjacent municipalities. In any matter which relates to a property which lies within 250 feet of the boundary of another municipality, except boundaries separated by a perennial river, and which the Township determines may have a significant impact on that municipality, the Township should transmit to the offices of the adjacent municipality a copy of the official notice of the public hearing on such matter at least seven days prior to the hearing date. Representatives of such adjacent municipality shall have the right to appear and be heard at the public hearing.
B.
Parties in hearings.
(1)
The parties to a hearing shall be the Township, any person affected by the application who has made timely appearance of record before the Board, and any other person, including civic or community organizations, permitted to appear by the Board.
(2)
The Zoning Hearing Board may require that all persons who wish to be considered parties enter appearances, in writing, on forms provided by the Board for that purpose.
(3)
The Board shall have the authority, if they choose, to determine who has standing for an appeal.
C.
Oaths and subpoenas. The chairperson of the Board or hearing officer shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents reasonably needed by and requested by the parties.
D.
Representation by counsel. The parties shall have the right to be represented by legal counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on relevant issues.
E.
Evidence and record. Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded. The Board or the hearing officer, as applicable, shall keep a record of the proceedings as required by the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
F.
Communications outside of hearings.
(1)
The Board shall not meet with, visit the site with or directly communicate specifically on the matter with any party or his/her representative in connection with any issue involved, except upon notice and an opportunity for all parties to participate.
(2)
The Board shall not take notice of any communication, reports, staff memoranda, or other materials unless the parties are afforded an opportunity to examine and contest the material so noticed. This restriction shall not apply to advice from the Board's Solicitor.
G.
Initiation of hearings. A hearing required under this chapter shall be initiated within 60 days of the date of an applicant's request for a hearing, unless the applicant has agreed, in writing, to an extension of time. A request for a hearing by an applicant shall not be accepted prior to submission of a duly filed application.
H.
Decision/findings.
(1)
The Board shall render a written decision or make written findings (when no decision is called for) on each application within 45 days after the last hearing on that application before the Board, unless the applicant has agreed, in writing, to an extension of time.
(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 for such conclusions.
(3)
Any conclusion based on any provision of the Pennsylvania Municipalities Planning Code or of this chapter shall contain a reference to the provision relied on.
I.
Notice of decision. A copy of the final decision or a copy of the findings (when no decision is called for) shall be personally delivered or mailed to the applicant or his or her representative or their last known address not later than the time limit established by the Pennsylvania Municipalities Planning Code, as amended.
§ 440-20 Appeals to court.
§ 440-21 Limited public utility exemptions.
§ 440-22 Limited Township and municipal authority exemption.
The minimum lot area, minimum lot width and minimum street frontage requirements of this chapter shall not apply to uses or structures owned by North Whitehall Township or by a municipal authority created solely by North Whitehall Township for uses and structures that are intended for a legitimate public utility, stormwater or public health and safety purpose. See also § 440-36E of this chapter for exemptions for certain governmental uses.
§ 440-23 Site plan review procedures for paved areas.
A.
When site plan required. A site plan review by the Planning Commission and Board of Supervisors is required for any new or expanded paved area of greater than 10,000 square feet if such use will not be required to be submitted as a) a conditional use; b) a subdivision; or c) a land development.
B.
Site plan procedures. The following procedures shall be followed for any use required to be reviewed under this section:
(1)
Submission. A minimum of 17 complete copies plus one electronic copy, if possible, of any required site plan shall be submitted to the Township. The Zoning Officer shall refuse to accept an application if it does not contain sufficient information to determine compliance with this chapter and any application fee and any monies escrowed are not provided at the time of application, as per Township fee schedules adopted by resolution. A minimum of one copy shall be retained in Township files. The site plan shall include the information listed in § 440-24. The Zoning Officer may seek a review by the Township Engineer if engineering matters are involved.
(2)
The Township shall distribute one copy to the Township Engineer and/or the Township Consulting Engineer. The applicant shall provide one copy to the Lehigh Valley Planning Commission if required under an Act 167 Stormwater Ordinance.
(3)
Time. The Planning Commission and Board of Supervisors shall be given an opportunity to review the site plan and provide any advisory comments, in writing, to the Zoning Officer.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(4)
The Zoning Officer shall review the site plan and determine its compliance or noncompliance with this chapter, based upon his/her review and any comments of the Board of Supervisors and Planning Commission.
(5)
A site plan under this section may be reviewed at any legally advertised, regular or workshop meeting of the Board of Supervisors and/or Planning Commission.
§ 440-24 Submission requirements for certain site plans.
The following information, as applicable, shall be submitted by the applicant for any conditional use or any use required to submit a site plan under § 440-23 or 440-25 or 440-26 except for information waived by the Zoning Officer as not applicable or necessary:
A.
A statement describing the proposed use.
B.
Layout. A site layout, drawn to suitable scale (preferably one inch equals 50 feet), showing the location, dimensions and area of each lot; the location, dimensions and height of proposed and any existing structures; the required setback areas; the proposed density of residential uses; the location and width of proposed or abutting streets; and the proposed areas to be used for different purposes within the development, including outdoor storage or display areas. If the plan involves one phase of what eventually may be a larger development, then the interrelationships of those phases shall be shown.
C.
Landscaping. The width of any buffer yard and the heights, spacing and general species of plants to be used for screening. General numbers, locations and types of landscaping to be provided in off-street parking lots, along streets and in other areas.*
D.
Parking. The locations and numbers of parking spaces; the location and widths of aisles; the location and sizes of off-street loading areas. The method of calculating the off-street parking requirement, based upon § 440-59.*
E.
Lighting and signs. The height, location and approximate intensity of exterior lighting. The sign area, height, location and general method of lighting of signs.*
F.
Sidewalks. The location of any proposed sidewalks (with width) and curbing.
G.
Utilities. Note stating general proposed method of providing wastewater treatment and water supply (such as "on-lot well and on-lot septic services").
H.
Nuisances and safety. A description of any proposed industrial or commercial operations or storage in sufficient detail to indicate potential nuisances and hazards regarding noise, large trucks, glare, air pollution, odors, dust, fire or toxic or explosive hazards or other hazards to the public health and safety, together with a description of proposed methods to control such hazards and nuisances.
I.
Grading and stormwater. Proposed and existing contours. Identification of any slopes between 15% and 25% and greater than 25% proposed to be impacted. These slopes must be identified by different shading on the site plan. Proposed method of managing stormwater runoff. See steep slope provisions in § 440-48 and the Township's Act 167 Stormwater Ordinances.[1] Delineation of any floodplains from the Official Federal Emergency Management Agency Floodplain Maps and any wetlands must be shown on the site plan.*
J.
Approximate lot lines of abutting lots within 50 feet of the project, with identification of abutting land uses.
K.
Zoning district and major applicable requirements.
L.
Name and address of the person who prepared the site plan, the applicant and the owner of record of the land.
M.
Such other data or information as the Zoning Officer deems is reasonably necessary to determine compliance with Township ordinances and/or that is listed on the official Township application form.
* | This information is not required on a zoning site plan if such information will be submitted on a subdivision or land development plan for the proposed use. |
§ 440-25 Conditional use process.
A.
Applicability. Certain uses that are permitted by this chapter as conditional uses shall be required to follow the review and zoning approval procedures described in this section.
B.
Procedure.
(1)
A conditional use submission shall not be considered officially accepted for review until any needed zoning variance(s) or special exception approval that is directly relevant to the site layout and nature of the use is granted.
(2)
Submission. A minimum of seven complete paper copies plus one electronic copy, if possible, of any required site plan meeting the requirements of § 440-24 shall be submitted to the Township. The Zoning Officer shall refuse to officially accept an incomplete application which does not provide sufficient information to determine compliance with this chapter and does not provide the appropriate fee as per adopted Township fee schedule.
(3)
Applicant's distribution. Unless these reviews will be separately addressed under Chapter 375, Subdivision and Land Development, of this Code, the applicant shall, prior to or within three working days after submittal to the Township, submit one copy of the site plan to any central water and sewer supplier.
(4)
Township distribution. The Township shall distribute copies of the site plan to the Planning Commission and the Board of Supervisors. A minimum of one copy shall be retained in the Township files. The Township fire services should be given an opportunity for a review, if deemed appropriate by the Zoning Officer.
(5)
Zoning Officer review. The Zoning Officer shall report in writing or in person to the Planning Commission or Board of Supervisors stating whether the proposal complies with this chapter. The Zoning Officer may request a review by the Township Engineer.
(6)
Planning Commission. The Planning Commission shall be given an opportunity to review the conditional use application and submit a recommendation to the Board of Supervisors.
(8)
Approval. The Board of Supervisors shall approve, conditionally approve or disapprove the conditional use submission. In granting a conditional use, the Board of Supervisors may require such reasonable conditions and safeguards (in addition to those expressed in this chapter) as it determines are necessary to implement the purposes of this chapter.
C.
Approval of conditional uses. The Board of Supervisors shall approve any proposed conditional use if it finds adequate evidence that the proposed use will comply with all of the following:
(2)
Other applicable sections of this chapter;
(3)
Chapter 375, Subdivision and Land Development, of this Code, as applicable, except that engineering details regarding compliance with such chapter may be addressed as part of a subsequent approval under such chapter; and
(4)
All of the standards listed in § 440-26C(3).
§ 440-26 Special exception use process.
A.
Purpose. The special exception process is designed to allow careful review of uses that have some potential of conflicts with adjacent uses or areas.
B.
Special exception procedure.
(1)
All applicants for a special exception use shall submit 17 sets of the site plans for the proposed use to the Zoning Officer together with a written application. The Zoning Officer shall, prior to a scheduled hearing, refuse to accept an incomplete application which does not provide sufficient information to determine compliance with this chapter. The Zoning Officer may waive the site plan requirement for home occupations that are not intense and other uses not involving new buildings nor additional off-street parking.
(3)
A minimum of one copy shall be retained in the Township files.
(4)
The Zoning Officer should, prior to the next Zoning Hearing Board meeting where the application will be discussed, review the plan to determine compliance with this chapter and report these findings to the Zoning Hearing Board. The Planning Commission shall be provided with an opportunity for an advisory review of all special exception applications, other than general home occupations. Any official comments of the Planning Commission shall be provided, in writing, to the Zoning Hearing Board prior to the final hearing on a matter.
(5)
The Board shall hear and decide such request for a special exception use under the procedures of Article I of this chapter and the Pennsylvania Municipalities Planning Code, as amended.[1] The Board shall decide the matter within the time limits of the Pennsylvania Municipalities Planning Code, as amended, regardless of whether comments have been received from the Planning Commission. The Board may, at the Board's option, continue a hearing to allow time to accept comments of the Planning Commission.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(6)
The decision of the Board shall be in writing and shall be communicated to the applicant in accordance with the Pennsylvania Municipalities Planning Code, as amended.
C.
Approval of special exception uses. The Zoning Hearing Board shall approve a proposed special exception use if the Board finds adequate evidence that any proposed use will comply with all of the following:
(2)
Other applicable sections of this chapter; and
(3)
Comply with all of the following standards:
(a)
Other laws. Will not clearly be in conflict with other Township ordinances or state or federal laws or regulations known to the Township.
(b)
Traffic. The applicant shall show that the use will not result in or substantially add to a significant traffic hazard or significant traffic congestion.
(c)
Safety. The applicant shall show that the use will not create a significant public safety hazard, including fire, toxic or explosive hazards.
(d)
Stormwater management. Will follow adequate, professionally accepted engineering methods to manage stormwater.
[1]
Stormwater shall not be a criteria of a decision under this chapter if the application clearly would be subject to a separate engineering review and an approval of stormwater management by the Board of Supervisors under Chapter 375, Subdivision and Land Development, and Chapter 363, Stormwater Management, of this Code.
(e)
Neighborhood. Will not significantly negatively affect the desirable character of an existing residential neighborhood, such as causing substantial amounts of heavy truck traffic to travel through a residential neighborhood, or a significant odor or noise nuisance, or very late night/early morning hours of operation. This standard shall not apply to normal farming operations as defined by the state law and regulations.
(f)
Site planning. Will involve adequate site design methods, including plant screening, berms, site layout and setbacks as needed to avoid significant negative impacts on adjacent uses. The use shall meet the landscaping and buffer requirements of Chapter 375, Subdivision and Land Development, of this Code.
(g)
Performance standards. The applicant shall show that the use will not have a serious threat of inability to comply with the performance standards of this chapter, as stated in Article V.
(h)
Preservation. The applicant shall prove that demolition of or other negative impacts upon any historic buildings on the site have been reasonably minimized.
D.
Conditions. In granting a special exception, the Board may require such reasonable conditions and safeguards (in addition to those expressed in this chapter) as it determines are necessary to implement the purposes of this chapter. Conditions imposed by the Zoning Hearing Board shall automatically become conditions of the building permit issued pursuant thereto, and any failure to comply with said conditions shall be a violation of this chapter.
§ 440-27 Site planning guidelines.
The following advisory guidelines are intended to assist applicants and the Township in developing well-planned developments.
A.
Natural features. Seek to minimize grading changes and removal of mature trees. Seek to preserve the natural beauty of highly visible areas. Seek to preserve land along creeks, keeping natural vegetation in place as a filter against soil erosion and pollutants and to provide shade over the creek to maintain water temperatures. Seek to avoid development and removal of vegetation on steep hillsides.
B.
Circulation. Seek to separate pedestrian circulation from major routes of vehicle traffic. Minimize the number of access points along major roads. Avoid parking spaces backing into through traffic routes. Ensure adequate capacity of driveways and drive-through lanes to avoid traffic backing onto streets.
C.
Utilities. Seek to place as many utility lines as possible underground.
D.
Signs. Seek to minimize the lighting intensity of signs. Seek to avoid signs with overly bright, less attractive colors. Consider use of ground-mounted and attractive wooden signs.
E.
Compatibility. Seek to locate noisier and less compatible uses (such as loading docks) as far away from homes as possible. Seek to screen out views of less attractive activities from streets and homes.
F.
Historic preservation. Avoid demolition of historic buildings and seek to maintain attractive architectural features of older buildings.
§ 440-28 Liability.
A.
Any review of activity within the floodplain, site plan review, subdivision or land development approval, erosion control review, wetland delineation review, stormwater runoff review, review of activity on steep slopes, or any other review, approval or permit under this chapter by an officer, employee, board, commission, solicitor, consultant or agency of the Township shall not constitute a representation, guarantee or warranty of any kind by the Township or its employees, officials, boards, solicitor(s), consultants or agencies of the practicality or safety of any structure, use or subdivision and shall create no liability upon nor a cause of action against such entity or person for any damage that may result pursuant thereto.
B.
If the Zoning Officer mistakenly issues a permit under this chapter, the Township shall not be liable for any later lawful withdrawal of such permit.