Salisbury Township Lehigh County
City Zoning Code
City Zoning Code
PART 1
GENERAL PROVISIONS AND ADMINISTRATION
§ 27-101 Short Title.
This chapter shall be known and be cited as the "Salisbury Township Zoning Ordinance" of 2014.
§ 27-102 Purposes and Objectives.
1.
This chapter is hereby adopted:
A.
In accordance with the requirements and purposes (including Section 604 or its successor section, which is included by reference) of the Pennsylvania Municipalities Planning Code, as amended, 53 P.S. § 10101 et seq.;
B.
In accordance with the community development goals and objectives (which are included by reference) of the Salisbury Township Comprehensive Plan adopted on September 27, 2012 (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; and
D.
To assist in carrying out the purposes and provisions of the Constitution of the Commonwealth of Pennsylvania (especially Article I, § 27), the Pennsylvania Flood Plain Management Act, 32 P.S. § 679.101 et seq., the Pennsylvania Storm Water Management Act, 32 P.S. § 680.1 et seq., Pennsylvania Department of Environmental Protection 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.
§ 27-103 Applicability.
1.
Any activity regulated by this chapter shall only occur in such a way that conforms to the regulations of this chapter.
2.
This chapter regulates matters authorized by Section 603, "Ordinance Provisions," of the Municipalities Planning Code (MPC), 53 P.S. § 10603, or § 10603, as amended.
3.
All readers maintain the responsibility to procure the latest amendments to this chapter.
4.
Any of the following activities, or any other activity regulated by this chapter, shall only be carried out in conformity with this chapter:
A.
The erection, construction, movement, placement or extension of a structure, to include but not be limited to earthmoving and/or alteration of slopes;
B.
A change of the type of use or expansion of the use of a structure or area of land;
C.
The creation of a lot or alteration of lot lines;
D.
The creation of a new use;
E.
The alteration or disturbance of a regulated natural feature; and/or
F.
The carrying out of other activity that requires a zoning permit.
§ 27-104 Enforcement, Violations and Penalties.
1.
See § 27-111, Subsection 3, of this chapter.
2.
See Sections 616 and 617 of the MPC, 53 P.S. §§ 10616,[1] 10617.
[1]
Editor's Note: 53 P.S. § 10616 was repealed 12-21-1988 by P.L. 1329, No. 170.
§ 27-105 Filing Fees and Costs.
1.
Fee Schedule. The Board of Commissioners has established by resolution a schedule of fees and a collection procedure relating to all applications filed pertaining to this chapter. The fee schedule may be based upon the type of application and the breadth of the proposed development (such as acreage, numbers of lots and type of use) to most accurately reflect the Township's actual costs.
2.
No application or appeal shall be considered filed until all fees are paid.
§ 27-106 Interpretation of Similar Uses.
[Ord. 03-2015-595, 3/26/2015]
1.
Minimum Requirements. The provisions of this chapter shall be interpreted as the minimum requirements to promote public health, safety and general welfare. Where two provisions of this chapter or a provision of this chapter and another ordinance regulate the exact same matter, the provision that is more restrictive upon uses and structures shall apply, unless provided otherwise. However, where an overlay zoning district regulates the same matter as another provision of this chapter, the overlay zoning district shall apply in place of the other provision.
2.
Uses Not Specifically Regulated. If a use clearly is not permitted by right, by condition or by special exception by this chapter within any zoning district in the Township, the use is prohibited in the Township, except the applicant may apply to the Board of Commissioners for approval under the requirements and procedures of this section. After review by the Planning Commission, the Board of Commissioners may permit any such use if the applicant proves all of the following to the satisfaction of the Board of Commissioners:
A.
That the use would clearly be less offensive in impacts and nuisances than uses permitted in that district.
B.
That the use would be compatible with permitted uses in that district.
C.
That the proposed use would be compatible with the purposes of the district.
D.
That the applicant follows the procedures listed in § 27-119 and can meet the standards and criteria listed in § 27-119.
E.
That the use is not "specifically prohibited" in the district.
F.
That the proposed use would be compatible with the nature and character of the surrounding community.
G.
That the proposed use will meet the general and specific criteria set forth in this chapter for a permitted use deemed by the Board of Commissioners to be sufficiently similar in character and impact to the proposed use.
3.
Sketches. Sketches in this chapter are for illustrative purposes only and are not regulatory.
4.
Interpretation of Ordinance Text and Boundaries. The Zoning Officer shall apply the wording of this chapter and the location of all district boundaries to particular applications. In case of uncertainty by the Zoning Officer, he/she shall request an interpretation of the specific uncertainty by the Zoning Hearing Board, with the applicant not liable for the application fee for that particular request. The Zoning Officer may also request an advisory opinion from the Township Solicitor or the Zoning Hearing Board Solicitor. See § 27-112 and the Township fee schedule concerning appeals by an applicant.
5.
Definitions. In matters of dispute, the Zoning Hearing Board shall have the authority to define words that are not specifically defined in this chapter.
§ 27-107 General Procedure for Permits.
1.
After receiving a proper complete application and the required fee, the Zoning Officer, within 30 days of receipt of the application, shall either:
A.
Issue the permit under this chapter; or
B.
Refuse the permit, indicating the reason in writing.
2.
Reviews. Certain activities require review and/or approval of the Zoning Hearing Board and/or of the Board of Commissioners, and/or the recommendations of the Planning Commission.
3.
Appeal. If refused a permit by the Zoning Officer, the applicant may appeal to the Zoning Hearing Board for further consideration.
4.
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, provided there is 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.
§ 27-108 Permits and Certificates.
1.
Applicability. Any of the activities regulated by this chapter shall only be carried out after receipt of any required approval or permit and in compliance with this chapter.
2.
Zoning Permit. A zoning permit indicates that a zoning application complies with this chapter.
A.
A zoning permit is required to be issued prior to the start of any of the following activities:
(1)
Erection, construction, movement, placement, relocation or expansion of a structure, building or sign;
(2)
Change of the type of use or expansion of the use of a structure or area of land;
(3)
Creation of a lot or alteration of lot lines;
(4)
Creation of a new use;
(5)
Demolition of a principal building, or partial demolition of the exterior of a principal building;
(6)
Site alterations or mineral extraction as defined by § 27-202; and/or
(7)
Excavation or grading in preparation for the construction of a building or a change in use of a property.
3.
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, if such work does not involve a change in use or an expansion, construction or placement of a structure and does not involve any other activity regulated by this chapter.
4.
Types of Uses.
A.
Permitted-by-Right Uses. The Zoning Officer shall issue a permit under this chapter in response to an application for a use that is "permitted by right" if it meets all of the requirements of this chapter, including any specific additional requirements listed for that use in §§ 27-402 and 27-403.
B.
Special Exception Use or Use 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 order of the Zoning Hearing Board after a hearing.
C.
Conditional Use. A permit under this chapter for a conditional use shall be issued by the Zoning Officer only upon the written order of the Board of Commissioners, after the Planning Commission has been given an opportunity to review the application.
5.
Applications.
A.
Any request for a decision, interpretation or variance by the Zoning Hearing Board or for a permit under this chapter 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 a Township employee responsible for processing such application. The applicant is responsible to ensure that a responsible Township official notes the date of the official receipt on the application.
B.
Eight copies of a site plan shall be submitted if an application requires action by the Zoning Hearing Board, and three copies shall be submitted if action by the Board is not required. Such site plan shall be drawn to scale.
C.
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:
(1)
The location and dimensions of the lot.
(2)
Locations, dimensions, heights and uses of existing and proposed structures, signs, parking and loading areas, and locations of existing and proposed uses of areas of land.
(3)
Name and address of the applicant or appellant.
(4)
Name and address of the owner of the affected property.
(5)
A description of the proposed use of the property, including numbers of dwelling units, if any.
(6)
Additional information that the Zoning Officer may determine is reasonably necessary to determine compliance with this chapter.
(7)
All other applicable information listed on the official Township application form.
D.
Submittals to the Board. In addition to the information listed in Subsection C 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:
(1)
The present zoning district and major applicable lot requirements.
(2)
For nonresidential uses: 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.
(3)
If a nonresidential use is proposed within 300 feet from a residential lot line, a description of hours and days of operation, including traffic activities.
(4)
A listing of any sections of this chapter being appealed, with the reasons for any appeal.
E.
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.
F.
Ownership. No person other than a landowner or his or her specifically authorized agent or a tenant or lessee with written permission of the landowner shall submit a zoning application (see definition of "landowner" in Part 2).
G.
The Zoning Officer may submit a copy of any plan and application to any appropriate agencies and/or individuals (such as the Planning Commission or Township Engineer) for review and comment.
6.
Issuance of Permit.
A.
At least two copies of any permit required under this chapter shall be made.
B.
One copy of any such permit shall be retained in the Township files, and one copy shall be retained by the applicant. A copy of any such permit shall be shown by the applicant to the Zoning Officer upon the Zoning Officer's request. One copy of a submitted site plan should be returned to the applicant after approval/disapproval, with such action certified on the plan with the signature of the Zoning Officer.
C.
The Zoning Officer shall issue or deny a permit for a permitted-by-right use within a maximum of 30 days after a complete, duly filed application and fees are submitted.
7.
Revocation of Permits. The Zoning Officer shall suspend or revoke a permit or approval issued under the provisions of this chapter in case of:
A.
Any false statement or misrepresentation of material fact in the application or on the plans on which the permit or approval was based (the Pennsylvania Crimes Code, 18 Pa.C.S.A. § 101 et seq., provides for penalties for providing false information to a municipal employee in the carrying out of his/her duties); or
B.
Upon violation of any condition lawfully imposed upon a special exception or conditional use; or
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; or
D.
For any other just cause set forth in this chapter.
8.
Temporary Permit for Structure or Use. See § 27-807.
9.
Changes to Approved Plans.
A.
After the issuance of a permit and/or approval of a site plan under this chapter by the Township, such approved application and/or site plan shall not be changed without the written consent of the Township, as stated in Subsection 9B below.
B.
Changes to a site plan or use approved by each respective Board, such as Zoning Hearing Board, Planning Commission and/or Board of Commissioners, shall require resubmission and approval of the changes if the Zoning Officer determines such changes are relevant to conditions of approval.
(1)
Such reapproval by the Zoning Hearing Board, Planning Commission or the Board of Commissioners is not required for clearly minor technical adjustments or matters that are: a) solely corrections or additions of information that do not affect the significant features of the site plan and the intensity of the use; or b) minor technical changes needed to respond to reviews by the County Conservation District, the Township Engineer or Township staff, as determined by the Zoning Officer. A copy of such adjustment or correction should be provided in writing to the President of the Board of Commissioners and the Chairperson of the Planning Commission if it concerns a plan approved by such bodies.
10.
Certificate of Occupancy. The Township Construction Codes Official shall determine whether a certificate of occupancy is required.
§ 27-109 Amendments to this Chapter.
1.
The Board of Commissioners may amend, challenge or repeal any or all portions of this chapter:
A.
On its own motion; or
B.
Upon agreeing to hear a written request of any person, entity or the Planning Commission.
2.
Before voting on the enactment of an amendment, the Board of Commissioners shall hold a public hearing thereon, following the procedural requirements of the MPC, 53 P.S. § 10609 et seq., including public notice.
3.
Review of Amendments.
A.
In the case of an amendment other than that prepared by or under the direction of the Planning Commission, the Board of Commissioners 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.
B.
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 Commissioners until any LVPC comments are received, unless 30 days pass without such comments being received.
4.
Changes after a Hearing. If, after any public hearing held upon an amendment, the proposed amendment is changed substantially or is revised to include land previously not affected by it, the Board of Commissioners shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment.
5.
Application for Chapter 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 Commissioners or committee appointed by the Board of Commissioners or under the direct oversight of such entity) shall include the following:
A.
A statement of why the change would be in the best interests of the Township.
B.
A statement of how the proposal will relate to the Township Comprehensive Plan.
C.
A statement addressing any adverse effects on adjacent properties.
D.
A statement addressing any major traffic access or congestion concerns.
E.
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.
F.
A statement explaining proposed extensions and major improvements, if needed, of public water and sewer systems to serve the land area.
6.
Traffic Studies of Zoning Amendments. The Planning Commission or the Board of Commissioners may require an applicant for a zoning amendment to fund 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. See § 27-810, "Traffic Studies."
7.
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 including the hearing date and time and a Township official to contact for more information. Such notice shall be provided to 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.
8.
Time Guideline on Reviewing Amendment. If a zoning amendment is properly requested in writing and submitted together with any required fees to the Zoning Officer outside of the curative amendment process, the Planning Commission should hold an initial public meeting on such proposed amendment within 60 days of receiving such request, unless the Commission determines at a regular meeting that such request is not worthy of further consideration.
§ 27-110 Curative Amendments.
1.
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 Commissioners with a written request that this challenge and proposed amendment be heard and decided as provided in the MPC, 53 P.S. § 10609.1 et seq.
2.
Curative Fees. For a curative amendment request, the applicant shall pay the Township all fees required under the applicable Township fee schedule and, at a minimum, shall also compensate the Township for all actual expenses for legal advertising and for rental of any needed meeting space outside of the Township Building.
§ 27-111 Administration - Zoning Officer.
1.
Appointment. The appointment of the Zoning Officer(s) shall be made by the Board of Commissioners. The Zoning Officer(s) shall not hold any elective office within the Township but may hold other appointed offices.
2.
The provisions of this chapter shall be enforced by an agent, to be appointed by the Board of Commissioners, who shall be known as the Zoning Officer(s). He/she shall receive such fees or compensation as approved by resolution of the Board of Commissioners. The Zoning Officer shall not hold any elective office within the Township. No zoning permit or zoning certificate of use and occupancy shall be granted by him/her for any purpose except in compliance with the liberal provisions of this chapter. The Zoning Officer may be authorized to institute civil enforcement proceedings as a means of enforcement when acting within his/her scope of employment. The Zoning Officer shall report to the Township Manager and be subject to his/her direction. The Township Manager shall be his/her direct supervisor in the Township chain of command.
3.
Duties and Responsibilities. The duties and the responsibilities of the Zoning Officer shall be:
A.
Process Applications: to receive, examine and process all zoning permits and certificate of use applications as provided by the terms of this chapter. The Zoning Officer shall also issue zoning permits for special exceptions and conditional uses, or for variances after the same have been approved.
B.
Inspections: before issuing any zoning permit or zoning certificate of use and occupancy at his/her discretion, to inspect or cause to be inspected all buildings, structures, signs, or land and portions thereof for which an application has been filed for a zoning permit or a zoning certificate of use and occupancy. Thereafter, he/she may make such inspections during the completion of such work; and before issuing a zoning certificate of use and occupancy, a final inspection shall be made and all violations of the approved plans or zoning permit shall be noted, and the holder of the zoning permit shall be notified of the discrepancies. The Zoning Officer shall have the right to enter any building or structure or enter upon any land at any reasonable hour in the course of his/her duties to inspect properties to determine compliance with all provisions of this chapter, as well as conditions attached to the approval of variances, special exceptions, conditional uses, and curative amendments.
4.
Violations. Failure to secure a zoning permit prior to a change in use of land or structure, or the erection, construction or alteration of any structure or portion thereof, shall be a violation of this chapter. It shall also be a violation of this chapter to undertake other deliberate actions which are contrary to the terms of this chapter, and any conditions placed upon the approval of special exceptions, variances and conditional uses. Each day that a violation is continued shall constitute a separate offense.
5.
Enforcement Notice. If it appears to the Township that a violation of this chapter has occurred, the Township shall initiate enforcement proceedings by sending an enforcement notice, as provided in the following:
A.
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.
B.
An 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)
The location of the property in violation.
(3)
The specific violation with a description of the requirements that have not been met, citing in each instance the applicable provisions of the chapter.
(4)
The date before which the steps for compliance must be commenced and the date before which the steps must be completed.
(5)
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 procedures set forth under § 27-114 of this chapter.
(6)
That failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation, with possible sanctions clearly described.
6.
Enforcement Remedies. Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this chapter enacted under the Act, or prior enabling laws, shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $500, plus all court costs, including reasonable attorneys' fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or be payable until the date of the determination of a violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the District Justice, determining that there has been a violation, further determines that there was a good-faith basis for the person, partnership or corporation violating the chapter to have believed that there was no such violation, in which event 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 District Justice, and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorneys' fees collected for the violation of this chapter shall be paid over to the Township.
7.
Causes of Action.
A.
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 enacted under the Act, or prior enabling laws, the governing body or, with the approval of the governing body, an officer of the municipality, or any aggrieved owner or tenant of real property who shows that his/her property or person will be substantially affected by the alleged violations, in addition to other remedies, may institute any appropriate action or proceeding to prevent, restrain, correct, or abate such building, structure, landscaping, or land, or to prevent, in or about such premises, any act, conduct, business, or use constituting a violation.
B.
When any such action is instituted by a landowner or tenant, notice of that action shall be served upon the municipality at least 30 days prior to the time the action is begun, by serving a copy of the complaint on the governing body of the municipality. No such action may be maintained until such notice has been given.
§ 27-112 Zoning Hearing Board Appointment, Actions and Variances.
1.
Appointment and Terms.
A.
The Zoning Hearing Board shall be continued and shall consist of five residents of the Township appointed by the Board of Commissioners, unless a differing number of members is authorized by another valid Township ordinance. Alternate members may be appointed within the provisions of the MPC, 53 P.S. § 10101 et seq. Members of the Board shall hold no elected office in the Township.
B.
Wards. One member of the Board should be appointed from each ward of the Township. If a member would move from the ward in which he/she resided at the time of his/her appointment to the Board, to another ward in the Township, such move should not cause forfeiture of that member's appointment or grounds for removal of that member from the Board; but upon the expiration of that member's term on the Board, that member shall not be reappointed to the Board except as the member from the ward in which he/she resides at the time.
C.
Wards. The Board of Commissioners shall have the authority to determine whether Zoning Hearing Board members are appointed based upon their ward of residence or not. The Board may decide to appoint one member who lives in each ward.
D.
Terms. Members shall be appointed to three-year terms, with at least one position expiring each year.
2.
Vacancies. The Board shall promptly notify the Board of Commissioners of any vacancies which occur. Appointments to fill vacancies shall be only for the unexpired portion of a term.
3.
Removal of Members. See MPC, 53 P.S. § 10905.
4.
Organization.
A.
Officers. The Board shall elect officers from its own membership. Officers shall serve annual terms and may succeed themselves.
B.
Quorum. For the conduct of any hearing and taking of any action, a quorum shall be not less than a majority of all members of the Board, except that the Board may appoint a hearing officer from its own membership to conduct any hearing on its behalf and the parties may waive further action by the Board, as provided by the MPC, 53 P.S. § 10908 et seq.
C.
Rules. The Board may make, alter, and rescind rules and forms for its procedure, consistent with all applicable Township ordinances and state law.
5.
Zoning Hearing Board Functions. In addition to any other responsibilities established by the MPC (such as within Section 909.1),[1] the Zoning Hearing Board shall be responsible for the following:
A.
Appeal of a Decision by the Zoning Officer.
(1)
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)
See time limitations for appeals in § 27-112, Subsection 6.
B.
Challenge to the Validity of this Chapter or Map.
(1)
The Board shall hear challenges to the validity of this chapter filed with the Board in writing by the landowner affected, any officer or agency of the Township, or any person aggrieved.
(2)
After the conclusion of the hearing(s), the Board shall decide all questions and shall make findings on all relevant issues of fact, within the time limits of the MPC, 53 P.S. § 10101 et seq.
C.
Variances.
(1)
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).
(2)
Standards. The Board may grant a variance only within the limitations of state law. As of 2013, the MPC, 53 P.S. § 10101 et seq., provided that all of the following findings must be made, where relevant:
(a)
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.
(b)
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.
(c)
Such unnecessary hardship has not been created by the appellant.
(d)
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.
(e)
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.
(3)
Variance Conditions. 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. The Board may, in various cases, prohibit certain permitted uses on a lot where the Board finds that such uses would be contrary to the public interest considering the facts and circumstances of the case and the variance.
D.
Special Exception Uses.
(1)
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 § 27-120.
(2)
Conditions. In granting a special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards, in addition to those expressed in the chapter, as it may deem necessary to implement the purposes and intent of this chapter.
(3)
See special exception use process in § 27-120.
E.
Hearings. See § 27-113.
F.
Records and Reports. The staff to the Board shall keep full public records of its business.
G.
Court Appeals. In the case of an appeal from the Board to the Court of Common Pleas, the appellant shall make the return required by law and should promptly notify the Township Zoning Hearing Board Solicitor of such appeal.
H.
Appeal by the Zoning Officer. See § 27-106, Subsection 4.
I.
Persons with Disabilities. Process for claims resolution of a Zoning Ordinance provision that may conflict with federal law and/or court decisions concerning persons with disabilities.
(1)
A complete written application for the claim must be submitted to the Zoning Officer that fully describes the claim and identifies the Zoning Ordinance provision(s) in question. The application shall be on the form that the Zoning Hearing Board uses for special exceptions, unless another form is provided by the Township.
(2)
The Zoning Hearing Board shall then hear the request as a special exception.
(3)
The Zoning Hearing Board shall grant a special exception allowing modification(s) to specific requirements of this chapter if the applicant proves to the satisfaction of the Zoning Hearing Board that the modification(s) are required in order for the Zoning Ordinance to comply with applicable federal law and relevant federal and/or state court decisions.
(4)
The modification shall be needed to provide a "reasonable accommodation" to serve persons who the applicant proves have "disabilities" as defined in and protected by such laws.
(5)
Such reasonable accommodations shall be requested in accordance with the United States Fair Housing Act amendments and/or the Americans with Disabilities Act, as amended, or their successor laws, or Pennsylvania state regulations that are intended to carry out such laws.
(6)
The applicant shall identify the disability which is protected by such statutes and the extent of the modification(s) of the provisions of this chapter that are necessary for a reasonable accommodation.
(7)
Any modification approved under this section may be limited to the time period during which the persons with protected disabilities occupy or utilize the premises.
[1]
Editor's Note: See 53 P.S. § 10909.1.
6.
Time Limits for Appeals. The time limitations for appeals shall be as follows:
A.
No person shall be allowed to file any appeal with the Zoning Hearing Board later than 30 days after the decision by the Zoning Officer that is being appealed has been officially issued, or appeal with the County Court of Common Pleas later than 30 days after a decision of the Zoning Hearing Board has been officially issued, except as may be provided under Section 914.1 of the Pennsylvania MPC, 53 P.S. § 10914.1.
B.
The failure of an aggrieved person other than the landowner to appeal an adverse decision directly related to a preliminary subdivision or land development plan shall preclude an appeal from a final plan approval except in the case where the final submission substantially deviates from the approved preliminary plan.
C.
This thirty-day time limit for appeals shall not apply to the revocation of a permit under § 27-108, Subsection 7.
7.
Stay of Proceedings. See Section 916 of the MPC, 53 P.S. § 10916 et seq.[2]
[2]
Editor's Note: 53 P.S. § 10916 was repealed 12-21-1988 by P.L. 1329, No. 170.
8.
Time Limits on Permits and Variances.
A.
After a variance is approved or approval is officially authorized under this chapter, then a permit shall be secured by the applicant within 12 months after the date of such approval or authorization. Such action under such permit shall then substantially begin within 12 months of the issuance of the permit.
B.
If the applicant submits complete plans for a required site plan review or subdivision or land development approval or special exception or conditional use approval that is related to the variance or issuance of a permit under this chapter within the above time limits, then such time limits shall begin after such plan review is completed or such plan approval is granted.
C.
For good cause, the Zoning Officer may, upon application in writing stating the reasons therefor, extend in writing the twelve-month application period to up to 18 months.
D.
If an applicant fails to obtain the necessary permits within the above time period, or after they are obtained the permittee fails to diligently commence substantial construction within 12 months or allows interruptions in substantial construction of longer than six months, it shall be conclusively presumed that the applicant has waived, withdrawn or abandoned the approval, and all such approvals, variances and permits shall be deemed automatically rescinded.
E.
Any building construction shall be completed within 36 months of issuance of an applicable permit, unless a written extension is granted by the Zoning Officer for good cause, or unless the project was approved by the Township to be phased. Otherwise, a permit shall be considered to have automatically expired at the end of such thirty-six-month period.
§ 27-113 Board Hearings and Decisions.
1.
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 shall be published, as defined by Section 107 of the MPC, 53 P.S. § 10107. The notice shall state the time and place of the hearing and the particular nature of the matter to be considered. See also State Act 36 of 2013, or its successor law, which addresses provisions for electronic notices and notices to certain persons with mineral rights.
(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.
(a)
Written notice shall be mailed or delivered to the last known address of the applicant or his/her representative as listed on an official application form.
(b)
Notice should be provided, delivered or mailed to the Zoning Hearing Board and the last known address of owners of record of property abutting or directly across the street from the lot lines of the subject property. In the case of a variance request other than concerning a lot area, setback or other dimensional requirement, then such notice should also be given to the last known address of owners of record of property at least partially within 300 feet of the lot lines of the subject property. The applicant shall provide the Township with a list of such property owners. Failure of the Township to provide such notice shall not be grounds for an appeal or delay. If a person provides an e-mail address to the Township, notice may be sent to that address instead of being mailed.
(c)
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. Any such notices should be mailed or delivered by a Township representative to the last address known to the Township.
(d)
Written notice of the hearing shall be posted on the property.
(e)
All notice under this subsection should be intended to be received or posted at least five days prior to the hearing date.
(f)
The Zoning Officer may provide notice to the Police Department and/or local fire officials.
(4)
Adjacent Municipalities. In any matter which relates to a property which lies within 300 feet of the boundary of another municipality, except boundaries separated by a perennial river, and which the Township staff determines may have a significant impact on that municipality, the Township staff 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.
(5)
Fees. The Board of Commissioners may, by resolution, establish a reasonable fee schedule, based on costs, to be paid by:
(a)
The applicant for any notice required by this chapter; and
(b)
Those persons requesting any notice not required by this chapter.
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 Board shall have power to require that all persons who wish to be considered parties enter appearances in writing on forms provided by the Board for that purpose.
C.
Oaths and Subpoenas. The Chair 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 state law.
F.
Communications Outside of Hearings.
(1)
The Board shall not meet with, visit the site with or directly communicate specifically on the matter with the applicant or any officially protesting party or their representatives in connection with any issue involved, except if opportunity is provided for the applicant and any officially protesting party 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.
Advisory Reviews. The Zoning Hearing Board may request that the Planning Commission or Township Engineer provide an advisory review on any matter before the Board.
H.
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.
I.
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 MPC, 53 P.S. § 10101 et seq., or of this chapter should contain a reference to the provision relied on.
J.
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 at their last known address not later than the time limit established by Section 908 of the Pennsylvania MPC, 53 P.S. § 10908.
§ 27-114 Appeals.
1.
In General. All appeals of this chapter or any action of the Board of Commissioners, the Zoning Officer or the Board under this chapter shall conform with Article X-a of the MPC, 53 P.S. § 10101 et seq.
2.
Procedural Defects in Enactment. Allegations that this chapter or any amendment was enacted in a procedurally defective manner shall be appealed directly to the court and be filed not later than 30 days from the intended effective date of the chapter or amendment.
3.
The Zoning Hearing Board. Appeals to the Board shall comply with § 27-113, Board Hearings and Decisions.
§ 27-115 Public Utility Exemptions.
See Section 619 of the MPC, 53 P.S. § 10619.
§ 27-116 Township and Municipal Authority Exemption.
The minimum lot area and lot width requirements of this chapter shall not apply to uses or structures owned by Salisbury Township or by municipal authorities created solely by Salisbury Township, for uses and structures that are intended for a legitimate governmental, stormwater, public recreation, public utility, or public health and safety purpose.
§ 27-118 Submission Requirements for Site Plan Review.
1.
The following information, as applicable, shall be submitted by the applicant for any conditional use or any special exception use required to submit a site plan under § 27-119 or 27-120, except for information waived by the Zoning Officer as not applicable or necessary:
A.
Statement describing the proposed use.
B.
Layout. A site layout drawn to scale (one inch equals 20 feet, one inch equals 30 feet, one inch equals 40 feet, one inch equals 50 feet, or another scale preapproved by the Zoning Officer or Township Engineer), 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. The information in this Subsection C is not required on a zoning site plan if such information will be submitted on a subdivision or land development plan.
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 § 27-601.
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. Proposed method of providing wastewater treatment and water supply (such as "public water and public sewage services") and proposed connections or well and septic system locations.
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 significant hazards to the public health and safety; together with proposed methods to control such hazards and nuisances.
I.
Natural Features.
(1)
Proposed and existing contours if earth disturbance is proposed (at two-foot contours or other contours preapproved by the Township Engineer or Zoning Officer). Identification of any slopes between 8% and 12%, between 12% and 15%, between 15% and 25%, and greater than 25% that are proposed to be impacted.
(2)
Identification of woodlands, and which areas are proposed to be removed or maintained, and measures to protect trees from damage during construction, such as temporary fencing around the root systems.
(3)
Proposed method of managing stormwater runoff. See also the Township Stormwater Ordinances, to determine if those requirements apply.
(4)
Delineation of any floodplains from the FEMA maps and any wetlands or springs in areas proposed to be disturbed. Delineation of any one-hundred-year floodplains or waterways within 50 feet of the lot lines on any adjacent lot.
(5)
Locations of any perennial or intermittent watercourses, and any setbacks required by Part 5.
(6)
Locations of high water tables in areas proposed for development. See § 27-504.
(7)
Locations of known or suspected wetlands, existence of wetland plants, vernal pools, groundwater seeps and springs, and any required buffer areas. See § 27-503.
(8)
Locations of any known suspected or previously repaired sinkholes.
The Zoning Officer may waive detailed identification of natural features within an area of land where the application states that area will not be disturbed as part of this application and where there are not direct impacts to or from that area of land. |
J.
Map. A location map showing the relation of the project to surrounding streets. 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.
Preparer. Name and address of the person who prepared the site plan (which shall be a registered engineer, architect, landscape architect or surveyor, who shall certify such plan), the applicant and the owner of record of the land.
M.
Tax Map parcel number.
N.
Certification of ownership and acknowledgement of the plan, signed by the owner or developer.
O.
A place for the signature of the Zoning Officer, stating that the site plan has been reviewed and approved under this chapter.
P.
Such other data or information as the Zoning Officer deems is reasonably necessary to determine compliance with Township ordinances.
Q.
Traffic Study. Any site plan meeting the requirements of § 27-810 of this chapter shall submit a traffic study. The traffic study shall meet all the requirements of § 22-1018 of the Salisbury Township Subdivision and Land Development Ordinance [Chapter 22], or its successor section.
R.
A site capacity analysis may also be required under § 27-308.
S.
Locations and identification of types of all easements.
T.
Location of any area required to be set aside as an alternate septic drain field and an alternate well with a one-hundred-foot separation from septic systems.
§ 27-119 Conditional Use Process.
1.
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.
2.
Procedure.
A.
Submission.
(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)
Fifteen complete copies of any required site plan meeting the requirements of § 27-118 shall be submitted to the Township.
(3)
The Zoning Officer shall refuse to accept an incomplete application which does not provide sufficient information to determine compliance with this chapter.
B.
Distribution. The Township shall distribute copies of the site plan to the Planning Commission and the Board of Commissioners. 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.
C.
Zoning Officer Review. The Zoning Officer shall report in writing or in person to the Planning Commission or Board of Commissioners stating whether the proposal complies with this chapter. The Zoning Officer may request a review by the Township Engineer.
D.
Planning Commission. The Planning Commission shall be given an opportunity to review the conditional use application and submit a recommendation to the Board of Commissioners.
E.
Commissioners Action.
(1)
The Board of Commissioners shall hold a hearing, pursuant to public notice, within 60 days from the date of the applicant's filed conditional use application, unless the applicant has agreed in writing to an extension of time. The Board of Commissioners shall not act to approve or deny a conditional use application unless:
(a)
The Commissioners have received the reports of the Zoning Officer and the Planning Commission; or
(b)
A period of 30 or more days has passed from the date of the application.
(2)
The Board of Commissioners shall approve, conditionally approve or disapprove the conditional use submission.
(3)
In granting a conditional use, the Board of Commissioners 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.
(4)
The decision of the Board of Commissioners shall be in writing and shall be directly communicated to, delivered to or mailed to the last known address of the applicant or his/her representative within 45 days after the last hearing at which evidence was received by the Board of Commissioners, unless otherwise provided by the MPC.
3.
Approval of Conditional Uses. The Board of Commissioners shall approve any proposed conditional use if they find adequate evidence that the proposed use will:
A.
Meet any specific standards for the proposed use listed in § 27-402 or 27-403.
B.
Meet other applicable sections of this chapter.
C.
Generally be capable of meeting applicable sections of the Subdivision and Land Development Ordinance [Chapter 22].
D.
Comply with all of the following standards:
(1)
Other Laws. Will not clearly be in conflict with other Township ordinances or state or federal laws or regulations known to the Township. The Township may require an applicant to prove compliance, or to prove that appropriate applications have been submitted to obtain such compliance.
(2)
Traffic. The applicant shall establish that the traffic from the proposed use will be accommodated in a safe and efficient manner that will minimize hazards and congestion, after considering any improvements proposed to be made by the applicant as a condition on approval.
(3)
Safety. Will not create a significant public safety hazard, including fire, toxic or explosive hazards. Such concerns may be addressed by reference to other applicable federal, state or Township laws and regulations.
(4)
Neighborhood. 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.
(5)
Stormwater Management. Will follow adequate, professionally accepted engineering methods to manage stormwater. Stormwater shall not be a criterion of 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 Commissioners under the Subdivision and Land Development Ordinance [Chapter 22].
(6)
Compatibility. Will comply with all applicable berming, glare, noise, setback and buffering requirements of this chapter and will not create any extreme nuisances to adjacent existing dwellings.
(7)
Performance Standards. Will not have a serious threat of inability to comply with the performance standards of this chapter, as stated in Part 5.
(8)
Natural Features. The proposed use shall be suitable for the site, considering the disturbance of steep slopes, wetlands, floodplains, springs, seeps, and other important natural features.
§ 27-120 Special Exception Uses.
1.
Purpose. The special exception process is designed to allow careful review of uses that have some potential of conflict with adjacent uses or areas.
2.
Special Exception Procedure.
A.
All applicants for a special exception use shall submit seven sets of site plans for the proposed use to the Secretary to the Zoning Hearing Board together with a written application. The Zoning Officer may waive the site plan requirement for home occupations that are not intense and other uses not involving new buildings or additional off-street parking. Photographs of the existing site or buildings may also be requested to be presented by the applicant.
B.
All site plans shall contain the information required in § 27-108, Subsection 5.
C.
Township Procedures.
(1)
The Township shall forward the application to the Zoning Hearing Board and its Solicitor. A minimum of one copy shall be retained in the Township files.
(2)
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.
D.
Site Plan Review and Optional Review.
(1)
Site Plan Review. A site plan review by the Planning Commission and the Board of Commissioners may also occur for certain uses under § 27-118 prior to issuance of building permits. That review may occur after special exception approval.
(2)
Optional Review. The Zoning Hearing Board may provide the Planning Commission with the opportunity to review a special exception application if they determine that the project will need a site plan review under this chapter. In such case, any comments of the Planning Commission shall be provided in writing. The Planning Commission review shall not by itself require the Zoning Hearing Board to delay a hearing or decision.
E.
Zoning Hearing Board Action.
(1)
The Board shall hear and decide such request for a special exception use under the procedures of Part 1 and the MPC, 53 P.S. § 10101 et seq.
(2)
The Board shall schedule the first hearing within 60 days after submittal of a proper application, unless granted a written extension by the applicant. The Board shall issue a decision within 45 days after the conclusion of the final hearing on the matter.
(3)
The decision of the Board shall be in writing and shall be communicated to the applicant or their representative in accordance with this Part.
3.
Approval of Special Exception Uses. The Zoning Hearing Board shall approve any proposed special exception use if they find adequate evidence that any proposed use will meet:
A.
All of the standards listed in § 27-119, Subsection 3D, and § 27-118.
B.
Specific standards for the proposed use listed in §§ 27-402 and 27-403.
C.
All other applicable requirements of this chapter.
4.
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 is necessary to implement the purposes of this chapter. Conditions imposed by the Zoning Hearing Board shall automatically become conditions of the construction permit issued pursuant thereto, and any failure to comply with said conditions shall be a violation of this chapter.
§ 27-121 Site Planning Guidelines.
The following advisory guidelines are intended to assist applicants and the Township in developing well-planned developments:
1.
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 and steep hillsides. Enhance compatibility between proposed development and continued protection of the natural environment. Minimize the loss and/or disturbance of valuable natural features, pursuant to the regulations contained within this chapter.
2.
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. Assure adequate vehicular access to future residences not currently proposed.
3.
Utilities. Seek to place as many utility lines as possible underground.
4.
Signs. Seek to minimize the lighting intensity of signs. Seek to avoid signs with overly bright, less-attractive colors. Consider use of ground-mounted or wooden signs.
5.
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.
§ 27-122 Liability.
1.
Neither the approval nor the granting of any review, issuance of permit or approval related to construction, activity within the floodplain, site plan review, subdivision or land development approval, erosion control, stormwater runoff, activity on steep slopes or any other review or permit of this chapter, by an officer, employee, consultant or agency of the Township, shall constitute a representation, guarantee or warranty of any kind by the Township, or its employees, officials, 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 public body, official, consultant or employee for any damage that may result pursuant thereto.
2.
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 for valid cause shown.
