Palmer Township City Zoning Code
ARTICLE I
General Provisions and Administration
§ 190-101 Title.
An ordinance repealing any preexisting Palmer Township zoning ordinance, as amended, and replacing said ordinance with an ordinance permitting, prohibiting, regulating, restricting and determining the uses of land, watercourses and other bodies of water; the size, height, bulk, location, erection, construction, repair, maintenance, alteration, 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 courts, yards and other open spaces and distances to be left unoccupied by uses and structures; the density of population and intensity of use; the location and size of signs; creating zoning districts and establishing the boundaries thereof; continuing the office of Zoning Officer; continuing a Zoning Hearing Board; and providing for the administration, amendment and enforcement of the ordinance, including the imposition of penalties.
§ 190-102 Short title.
This ordinance shall be known and may be cited as the "Palmer Township zoning ordinance of 2023."
§ 190-103 Community development objectives.
This zoning ordinance has been prepared in accordance with the Palmer Township Comprehensive Plan of 2018, with consideration for the character of the municipality, its various parts and the suitability of the various parts for particular uses and structures and is enacted for the following purposes:
A.
To promote, protect and facilitate one or more of the following: the public health, safety, general welfare, coordinated and practical community development, proper density of population, civil defense, disaster evacuation, airports and national defense facilities, the provisions of adequate light and air, vehicle parking and loading space, transportation, water, sewerage, schools, public grounds and other public requirements.
B.
To prevent one or more of the following: overcrowding of land, blight, danger and congestion in travel and transportation, loss of health, life or property from fire, flood, panic or other dangers.
C.
To preserve prime agriculture and farmland considering topography, soil type and classification and present use.
D.
To maintain the integral functions provided by natural resource systems within the Township by carrying out the goals and intent of the PA Flood Plain Management Act,[1] PA Storm Water Management Act,[2] PA Department of Environmental Protection regulations on erosion and sedimentation control, PA Department of Transportation regulations on highway access control and other relevant federal and state laws, regulations, official policies and relevant court decisions.
E.
To accommodate reasonable overall community growth, including population and employment growth, and opportunities for development of a variety of residential dwelling and housing types and nonresidential uses.
§ 190-104 Interpretation.
If two differing Township ordinances or two sections of the same Township ordinance pertain to the same matter, then the requirement that is the more restrictive upon the applicant shall apply.
§ 190-105 Applicability to Township.
This ordinance shall not apply to uses, buildings or structures built or used or to be built or used by the Township of Palmer or by authorities created solely by the Township, provided that the Board of Supervisors authorizes such use by resolution.
§ 190-106 Violations of other regulations.
No use shall be permitted in any district which directly violates any Township ordinances. If the Zoning Officer has reason to believe that a use would violate a federal, state or Township regulation, the Zoning Officer may delay the issuance or suspend the issuance of a permit under this ordinance until the applicant proves compliance with such regulation.
§ 190-107 Severability.
It is hereby declared to be the legislative intent that:
A.
If a court of competent jurisdiction declares any provisions of this ordinance to be invalid or ineffective in whole or in part, the effect of such decision shall be limited to those provisions which are expressly stated in the decision to be invalid or ineffective, and all other provisions of this ordinance shall continue to be separately and fully effective.
B.
The Board of Supervisors hereby declares that it would have passed this ordinance and each section or part thereof irrespective of the fact that any one or more sections or parts thereof be declared invalid.
§ 190-108 Repealer.
All other Township ordinances or resolutions or parts thereof that were adopted prior to this ordinance and are clearly in direct conflict with this ordinance are hereby repealed, including the preexisting Palmer Township zoning ordinance of 1994, as amended. However, the preexisting Airport Approach Zoning Regulations shall not be repealed and shall remain in effect.
§ 190-109 Enactment; when effective.
Under the authority conferred by the Pennsylvania Municipalities Planning Code,[1] as amended, following a public hearing, the Board of Supervisors of Palmer Township hereby enacts and ordains into an ordinance the attached document this date of _________ _____, 2023.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 190-110 General provisions.
A.
For the administration and enforcement of this chapter, the Board of Supervisors shall appoint a Zoning Officer, who may not hold any elective office in the Township. The Zoning Officer shall administer and enforce this chapter in accordance with its literal terms and shall not have the power to permit any construction or any use or change of use which does not conform to this chapter.
B.
Duties of the Zoning Officer. The duties of the Zoning Officer shall be as follows:
1.
To examine, record and file all applications for zoning permits, with any accompanying plans and documents, and to issue such permits only for lots, uses and structures which are in conformity with the provisions of this chapter.
2.
To initiate enforcement proceedings.
3.
To receive all fees to the Township as required by this chapter and to post a schedule of fees in the Township Municipal Building.
4.
To receive complaints and notify persons of violations of provisions of this chapter.
5.
To conduct inspections of property for which zoning permits have been issued to ascertain if the construction or use is in conformity with the provisions of the permit.
6.
Upon request of the Board of Supervisors, Planning Commission or Zoning Hearing Board, to present to such body facts, records and any similar information required to assist such body in its deliberations.
7.
To be responsible for keeping current copies of this chapter and the Official Zoning Map for distribution to the public.
8.
To perform other duties in the administration and enforcement of this chapter as may be directed by the Board of Supervisors.
C.
Fees. The Board of Supervisors shall establish a schedule of fees and a collection procedure for all permits, applications and appeals.
1.
The schedule of fees shall be available in the Township Municipal Building.
2.
All such fees shall be payable to Palmer Township at the Township Municipal Building.
3.
No request for a zoning permit or certificate of nonconformity and no appeal or application to the Zoning Officer, Zoning Hearing Board or Board of Supervisors shall be considered complete, nor shall it be filed or docketed, until all fees have been paid in full.
§ 190-111 Zoning permits.
A.
A zoning permit shall be required prior to the erection, extension or alteration of any structure or portion thereof and prior to the use by a new landowner/tenant or change in the use of a structure or parcel of land. A zoning permit shall not be required prior to a change in residential ownership nor prior to a change in residential tenants.
B.
Prior to the issuance of any zoning permit, the Zoning Officer shall review the permit application to determine if all other necessary government permits required by State and Federal laws have been obtained, such as those required by the Pennsylvania Sewage Facilities Act (Act 1966-537, as amended)[1]; the Pennsylvania Dam safety and Encroachments Act (Act 1978-325, as amended)[2]; the Pennsylvania Clean Streams Act (Act 1937-394, as amended)[3]; and Section 404 of the U.S. Clean Water Act, 33 U.S.C. § 1344. No zoning permit shall be issued until this determination has been made.
1.
No such zoning permit shall be required for normal maintenance activities and minor repairs which do not constitute an erection, extension or alteration as herein defined, or for any structure permitted.
2.
A zoning permit shall be required for all agricultural uses and/or structures as follows:
a.
A fee zoning permit is required for all principal and accessory uses and/or structures unless outlined below.
b.
A fee zoning permit is required for residential structures, including houses, trailers, etc., and nonagricultural structures for principal uses, including churches, other places of worship/assembly, parish houses or convents.
c.
A nonfee zoning permit is required for other nonresidential primary farm use structures, barns, or other agriculture-related structures not requiring a land development plan.
d.
A zoning permit shall not be required for structures accessory to nonresidential, agricultural principal uses, including, but not limited to, corn cribs, lean-tos, calf booths, silos and similar storage structures.
3.
No such zoning permit shall be required for the alteration of any structure which meets the above for structures in the RA Zone.
4.
No such permit shall be granted by the Zoning Officer for any purpose except in compliance with the provisions of this Part, or upon appeal, in compliance with a decision of the Zoning Hearing Board or the courts.
C.
Application for zoning permits. To apply for a zoning permit, the applicant shall submit an application for a zoning permit to the Zoning Officer along with all required fees. When required by this chapter or under the Subdivision and Land Development Ordinance,[4] land development plans and other information shall accompany the application. When a land development plan is not required, the application for zoning permit shall show the manner by which the applicable sections in this chapter with which will be complied.
D.
Review of the application. Except when a land development plan is required, in which case a land development plan shall be submitted in accordance with the Township Subdivision and Land Development Ordinance, all applications for zoning permits shall be granted or denied by the Zoning Officer within 30 days from the date of receipt of the application and fees for such. The Zoning Officer shall notify the applicant in writing of all action taken on the application for a zoning permit within said thirty-day period. If the application is denied, such notification shall specify the provisions of this Part with which such application does not comply. If, for any reason, the Zoning Officer fails to notify the applicant of all action taken in the manner and time limit set forth above, such application shall be considered approved as submitted.
E.
No zoning permit for erection, extension or alteration of any structure or portion thereof shall be valid for more than two years from the date of issue unless work at the site is commenced within such period. No zoning permit for use of building or land shall be valid for more than two years from the date of issue unless such use is established within the two-year period; provided, however, that where such use is dependent upon the erection, extension or alteration of a structure, the zoning permit shall continue in force if erection, extension or alteration is started within the two-year period and completed in an expeditious manner. Any erection, extension or alteration shall be completed within two years of commencement.
§ 190-112 Zoning ordinance amendment requests.
A.
Purpose.
1.
The purpose of the zoning ordinance is to protect the safety, capacity and efficiency of Palmer Township's existing infrastructure systems; to maintain fiscal responsibility; and to uphold the objectives of the Comprehensive Plan.
2.
Private requests to amend the zoning ordinance shall be evaluated on the basis of the projected benefits and/or detrimental effects to Palmer Township as a whole.
B.
Rezoning application forms.
1.
All applicants submitting zoning ordinance amendment request applications shall be required to complete an application form available from the Township Zoning Officer and to prepare and submit an impact analysis and a community benefit summary report to demonstrate the compatibility of a rezoning proposal.
2.
All applicants shall pay an application fee, as well as a deposit, in accordance with the official fee schedule, to be held in escrow to cover the costs incurred with having the plan reviewed by the Township Planning Commission, the Township Engineer, and Board of Supervisors. In addition, if an applicant appeals from the decision of the Board of Supervisors, the applicant shall be responsible for paying for the costs of having a transcript of that hearing produced and the Township shall pay for the cost of having any copies made. (Fees to be set by resolution of the Board of Supervisors.)
C.
Review of rezoning applications.
1.
The applicant shall meet with Township representatives for a pre-rezoning request review. The purpose of said review shall be to discuss the general intent of the proposed zoning amendment and outline the necessary components of the zoning amendment request application.
2.
The applicant shall have 60 days from the date of the pre-zoning amendment request staff meeting review to file a zoning amendment request application.
3.
The request for a zoning ordinance amendment may take place in conjunction with an application for land development. It is recommended to the applicant that both applications be submitted concurrently.
4.
The Planning Director shall review the zoning ordinance amendment request application in compliance with the following procedural guidelines:
a.
Upon receipt of an application, the Planning Director will perform a desk check review of the package to determine the completeness of the application.
b.
The Planning Director will provide the applicant a letter within 30 business days stating that the application has been submitted with all required information attached.
c.
If the Planning Director finds the application to be incomplete or insufficient, the application will be returned to the applicant.
d.
Finding and facts report. When the rezoning application is found to be complete, the Planning Director, Township Staff or its designee shall prepare an evaluation assessment identifying concurrencies and/or differences and summarize this assessment in a report. This report shall identify the impacts and potential manners in which the resolution of issues could be addressed. The completed application package and report shall be forwarded to the Planning Commission for review.
5.
As part of the rezoning approval process, the Planning Commission and Board of Supervisors shall consider the motivation and implications of each plan, analysis and report.
6.
Palmer Township shall review the application in compliance with the following procedural guidelines:
a.
If the rezoning proposal is found to be generally consistent with the Township's element of the Comprehensive Plan and the community development objectives of the zoning ordinance, the Planning Commission shall consider the findings reported as part of the applicant's impact analysis to determine any projected beneficial and/or detrimental effects on Palmer Township. The Planning Commission may host a hearing on the application if they deem it applicable.
b.
The rezoning proposal shall be reviewed through the context of the Lehigh Valley Planning Commission's rezoning guidelines to ensure that the proposed zoning ordinance amendment conforms to the requirements.
c.
Based on these analyses, the Planning Commission shall submit a written recommendation either in favor or not in favor of the rezoning proposal, including a specific statement as to whether or not the proposed zoning ordinance amendment is in accordance with the objectives of the Comprehensive Plan.
7.
The final recommendation of the Planning Commission shall be forwarded to the Board of Supervisors.
8.
Upon receipt of the Planning Commission's final recommendations, the Board of Supervisors shall review the application. In its sole discretion, the Board of Supervisors may elect to send the proposed zoning ordinance amendment, with any proposed revisions, to the County Planning Agency and the Palmer Township Planning Commission. Following a minimum thirty-day review period for both agencies, the Board of Supervisors may, in its sole discretion, determine whether to advertise the proposed zoning ordinance amendment for a public hearing consistent with the terms of the Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
9.
The Township shall make the decision for approval or denial of the requested rezoning within 80 days of receipt of a completed rezoning application, which includes the impact analysis, unless extended by the applicant. Approval cannot be based on a contingency or condition of resolving potential negative impacts. If no decision is made by the Township after this time period, then the application will be deemed denied.
10.
At any time, an applicant may request an extension of time or removal of an application from Township consideration.
D.
Application criteria.
1.
Application requirements. The plans and reports that a landowner and/or developer are to submit shall include:
a.
Conceptual site development plan, if proposed for development.
b.
Topographic survey.
c.
Site conditions report.
d.
Existing zoning of surrounding parcels and closest adjacency of zoning district identical to request.
e.
Classifications of existing roadways/streets adjacent to and within 300 feet of the perimeter of the proposed site.
f.
The percentage of proposed dwelling units and any associated limitations that are specific to a particular segment of potential residential demographics/socioeconomics.
g.
Impact analysis.
h.
Community benefit summary report.
E.
Impact analysis.
1.
As part of the proposed zoning amendment application, the applicant shall prepare and submit an impact analysis to identify the benefits and detrimental effects of the proposed rezoning application.
2.
Impact analysis requirements. The following outlines the information that is required as part of the rezoning application. Information shall be presented as a comparison of the impacts that are created by the existing zoning district and the proposed rezoning classification. In all instances, the land use permitted in the proposed zoning classification that creates the greatest impact shall be utilized in the comparison analysis. Required information includes:
a.
Off-street parking requirements.
b.
Density/floor-area ratio.
c.
Maximum building height.
d.
Geotechnical/stormwater runoff analysis (associated with impervious surface).
e.
Traffic (average daily trips and peak hour demand for both weekday and weekends based on conceptual site development plan).
f.
Fiscal impact analysis projecting tax rate changes associated with the Township, the county and the school district.
g.
Student impact analysis projecting potential increase to school district population because of proposed rezoning.
h.
Estimated infrastructure (sanitary sewer and potable water) demands (gallons per day).
i.
Estimated impacts to safety services (Police Department services, fire department services) based on proposed infrastructure (roadways) expansion.
j.
A summary of anticipated impacts on adjoining lots, including, but not limited to, noise, vibration, night-time lighting, service area locations and visibility, hours of operation.
k.
Depending upon the location of lot access, infrastructure service/demands and impacts identified on adjoining lots, the Board of Supervisors may require a landowner and/or developer to prepare other potential related studies.
l.
Within the impact analysis, the application shall identify impacts that need mitigation but does not need to propose remedy/resolution for identified impacts.
F.
Community benefit summary report.
1.
The applicant shall demonstrate with the impact analysis described in Subsection E and with an additional summary report that the majority of uses within the proposed rezoned district will provide benefits to the community greater than that of uses permitted under the current zoning designation, by meeting two or more of the following criteria:
a.
Improved access management.
b.
Fewer average daily trips and peak hour demands.
c.
Fewer impacts to public safety services.
d.
Lower demands on the sanitary sewer and potable water system.
e.
Less potential increase in the school district population.
f.
Reduction of parking requirements.
g.
Potential reduction of impervious surface area.
h.
Fewer impacts related to noise, vibration, and night-time lighting.
i.
Pursuit or achievement of LEED (Leadership in Energy and Environmental Design) certification or equivalent criteria for building construction and site development.
G.
Additional information. Township representatives reserve the right to request additional information as part of the rezoning review and approval process in order to evaluate the applicability of the rezoning.
§ 190-113 Occupancy permits.
Upon completion of the erection, extension or alteration of a structure or the establishment of the use for which a zoning permit was issued, the applicant shall request a final inspection. The structure for which the zoning permit was issued may not be occupied or otherwise used until a final inspection has been completed by the Zoning Officer.
A.
Within 10 days of request for final inspection, the Zoning Officer shall inspect the premises to determine if the action taken complies with the regulations of this chapter. If it does, the Zoning Officer shall sign the building permit card or sign off on the project within the ten-day time limitation.
B.
If the action fails to comply with the regulations of this chapter, the Zoning Officer shall notify the applicant, in writing, of the reason for not signing the permit card or signing off on the project and shall state the provisions of this chapter with which the action does not comply. The applicant may correct the defects cited in the denial of the Zoning Officer for final approval. If, upon notification by the applicant and inspection of the premises, the Zoning Officer finds that the defects have been corrected and that no additional defects have been created, final approval shall be immediately permitted.
C.
Temporary occupancy. Temporary occupancy may be granted in the manner prescribed above, pending the completion of a structure to allow for partial occupancy; issuance of said temporary occupancy shall be at the discretion of the Zoning Officer. In the event that a temporary occupancy permit is issued, the applicant shall provide financial security (which may be an irrevocable letter of credit with a federal- or commonwealth-chartered lending institution, a restrictive escrow account in such lending institution, or a personal bond; the nature of which shall be at the discretion of the Zoning Officer) in an amount sufficient to guarantee the completion of the improvements within the prescribed time period and in an amount as set by the Zoning Officer. The permit shall be valid only until such time as the action for which the zoning permit was issued is complete, or for a period of six months after issuance, whichever is less. Upon expiration of the temporary occupancy permission, the applicant shall apply for permanent occupancy or, if the action remains incomplete, may apply for one additional temporary occupancy. If granted, temporary occupancy shall be for a period of time determined by the Zoning Officer but shall be for no more than six months after issuance.
D.
Prior to occupancy of a building, other than an owner-occupied single or two-family dwelling, an emergency contact card shall be completed for the Police Department.
§ 190-114 Violations and penalties.
Failure to comply with any provisions of this chapter shall be a violation of this chapter.
A.
Complaints regarding violations. Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a complaint to the Zoning Officer stating fully the causes and basis thereof. The Zoning Officer shall record such complaint, immediately investigate and take action thereon as provided by this chapter.
B.
Notice of violation. If the Zoning Officer shall find a violation, he shall initiate enforcement proceedings by sending an enforcement notice as provided herein:
1.
The enforcement notice shall be sent to the owner of record of the lot 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.
2.
An enforcement notice shall state the following:
a.
The name of the owner of record and any other person against whom the Township intends to take action.
b.
The location 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 the steps for compliance must be commenced and the date before which the steps must be completed.
e.
That the recipient of the notice has a right to appeal to the Zoning Hearing Board within 30 days by filing a request for appeal in writing with the Zoning Hearing Board within the said 30 days period.
f.
That failure to comply with the notice within the said 30 days, unless extended by appeal to the Zoning Hearing Board, constitutes a violation with possible sanctions, which may be as much as $500 per day of each violation plus all court costs, including attorney fees the Township incurs as a result of prosecution of such violation.
C.
Civil enforcement. The Zoning Officer may institute civil enforcement proceedings as a means of enforcement if authorized by the Manager or the Board of Supervisors.
D.
Enforcement provisions and causes of action. Remedies for violation of this chapter are not limited by this chapter and are set forth in Sections 616.1 and 617.1 and 617.2 of Article VI of the Pennsylvania Municipalities Planning Code,[1] as amended.
[1]
Editor's Note: See 53 P.S. §§ 10616.1, 10617.1, and 10617.2.
§ 190-115 Appeals.
Any appeal from a decision or action of the Board of Supervisors or of any officer or agency of the Township in matters pertaining to this chapter shall be made in accordance with Article X-A of the Pennsylvania Municipalities Planning Code,[1] as amended.
[1]
Editor's Note: See 53 P.S. §§ 11001-a through 11006-a.
§ 190-116 Amendments.
The regulations, restrictions and district boundaries set forth in this chapter may, from time to time, be amended through action of the Board of Supervisors in the manner provided by Sections 609 through 611 of Article VI of the Pennsylvania Municipalities Planning Code,[1] as amended.
[1]
Editor's Note: See 53 P.S. §§ 10609 through 10611.
§ 190-117 Zoning Hearing Board.
B.
Hearings. The Board shall conduct hearings and make decisions in accordance with the procedures stipulated in Section 908 of Article IX of the Pennsylvania Municipalities Planning Code,[2] as amended. Notice shall be given to the public, the applicant, the Zoning Officer, the Township Manager and to any person who has made timely request for the same. Notice shall be given at such time and in such manner as shall be prescribed by the rules of the Board. Notice shall also be conspicuously posted on the affected tract of land for at least seven consecutive days prior to the hearing. The posting shall consist of a sign at least 30 inches by 30 inches.
[2]
Editor's Note: See 53 P.S. § 10908.
D.
Parties appellant before the Board. Appeals as applicable and as amended, may be filed with the Board in writing by the landowner affected, and any officer or agency of the Township, or any person aggrieved.