Upper Macungie Township
City Zoning Code
City Zoning Code
PART 1
ADMINISTRATION
§ 27-101 Purposes, Goals, and Objectives.
[Ord. 9-94, 4/7/1994, § 101; as amended by Ord. 00-4, 10/19/2000, § 2; by Ord. 01-12, 7/12/2001, § 2; by Ord. No. 2020-08, 7/9/2020; and by Ord. No. 2022-13, 9/1/2022]
1.
This Chapter is hereby adopted: a) in accordance with the requirements and purposes (including § 604 or its successor section, which is included by reference) of the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended by Act 170 of 1988, and as may be further amended;[1] b) in accordance with the community development goals and objectives (which are included in § 27-101.2) of the latest revision of the Upper Macungie Township Comprehensive Plan, 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, Section 27), the Pennsylvania Floodplain Management Act, Pennsylvania Stormwater Management Act, 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.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
2.
Community Development Goals.
A.
Community Character and Design. "Community character" refers to the natural and built features that shape the Township's identity. Design standards focus on the way buildings, streets, and open space work together to define a sense of place.
(1)
Upper Macungie will be a place that successfully integrates the rural landscapes with modern communities.
(2)
Children growing up in UMT will be able to afford to live here in the future and throughout their lifetime with opportunities for aging in place.
(3)
Upper Macungie's historic villages will be revitalized and serve as centers of the community.
B.
Natural Resources. Natural resource conservation and management are essential to agricultural production and environmental sustainability. Management systems specific to characteristics of various suburban landscapes must contribute to sustainability of the community.
(1)
Upper Macungie will preserve important green space and scenic open space through a variety of innovative conservation tactics that include zoning, partnerships with land trusts, and effective use of incentives for voluntary preservation.
C.
Quality of Development. Quality development contributes to the economic, environmental, and social sustainability of the community, improving the quality of life of today's and tomorrow's residents.
(1)
Development will be environmentally sustainable while enhancing surrounding neighborhoods and the community.
(2)
When appropriate, use traditional neighborhood or village standards where walking and/or biking is possible.
(3)
Balance land use opportunities to assure adequate residential, commercial, and institutional uses are provided for to support UMT's suburban industrial employment hub.
D.
Infrastructure. Investments in infrastructure and technology are important to livability and economic sustainability. Fast-growing suburban communities are challenged to provide, maintain, and operate public facilities and services.
E.
Excellence in Government. Government plays an important role in implementing sustainable development. It is crucial to involve relevant decisionmakers and partners to implement sustainable policies.
(1)
Demonstrate measurable progress to achieve goals, objectives, policies, and strategies for all plan elements.
(2)
Build fiscal strength through SMART decisionmaking that contributes to community sustainability.
(3)
Implement this plan and other plans through the Capital Improvement Plan (CIP) and Annual Budget.
3.
Severability. The Board of Supervisors of the Township of Upper Macungie states that should a court of competent jurisdiction declare any portion of this Part which amends the Township's Zoning Ordinance and Zoning Map invalid or ineffective in response to a challenge by any person, the land in the said zoned districts created by this Chapter shall be regulated by the provisions of the zoned districts which were in existence prior to the adoption of this Chapter.
§ 27-102 Applicability.
[Ord. 9-94, 4/7/1994, § 102]
2.
This Chapter regulates matters authorized by § 603, "Ordinance Provisions," of the Pennsylvania Municipalities Planning Code, or such successor section.
3.
All readers maintain the responsibility to procure the latest amendments to this Chapter.
4.
This Chapter shall not apply to any lands or existing or proposed uses, buildings, structures, signs, or extension thereof, occupied, owned, leased and/or operated by the Township.
[Added by Ord. No. 2018-01, 2/8/2018]
§ 27-103 Enforcement, Violations and Penalties.
§ 27-104 Filing Fees and Costs.
[Ord. 9-94, 4/7/1994, § 104]
The Board of Supervisors has established by resolution a schedule of fees and a collection procedure relating to all applications filed pertaining to this Chapter. No application or appeal shall be considered filed until all fees are paid.
§ 27-105 Interpretation and Similar Uses.
[Ord. 9-94, 4/7/1994, § 105]
1.
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.
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, the use is prohibited, except as may be permitted as a "similar use" under a specific provision of this Chapter.
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 § 27-111 and the Township fee schedule concerning appeals by an applicant.
§ 27-106 General Procedure for Permits.
[Ord. 9-94, 4/7/1994, § 106]
1.
After receiving a proper application, the Zoning Officer shall either issue the permit under this Chapter or refuse the permit, indicating the reason. If specifically requested in writing by an applicant, reasons for a refusal shall then be stated in writing.
3.
Appeal. See § 27-111 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.
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, within 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.
§ 27-107 Permits and Certificates.
[Ord. 9-94, 4/7/1994, § 107]
1.
Applicability. Any of the following activities or any other activity regulated by this Chapter shall only be carried out after receipt of any required approval or permit and in compliance with this Chapter:
2.
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. However, such work may require a permit under the Township Building Code (Chapter 5).
3.
Types of Uses.
B.
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 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 Supervisors, after the Planning Commission has been given an opportunity to review the application.
4.
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.
Two copies of a site plan shall be submitted. 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 and uses of existing and proposed structures, parking and loading areas and locations of existing and proposed uses of areas of land.
(a)
The dimensions of all buildings from lot lines and from other buildings shall be shown.
(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.
(6)
Such additional information that the Zoning Officer may determine is reasonably necessary to determine compliance with this Chapter.
(7)
The locations of any trees or forested areas with a trunk diameter of six inches or greater, measured one foot above the average surrounding ground level, that may be impacted in any way by the proposal (with trees identified with a trunk diameter over 20 inches).
(8)
All other applicable information listed on the official Township application form.
(9)
Survey. An applicant shall provide a survey by a registered surveyor stating that any new principal buildings are located in accurate locations in compliance with the submitted site plan. Such survey shall occur approximately at the time foundations of the buildings or the bases of all structures have actually been constructed, but prior to construction beyond that point. The Township may require the removal of any building or structure that is in violation of this Chapter.
D.
Submittals to the Board. In addition to the information listed in Subsection 4C 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)
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 close proximity to dwellings, a description of hours of operation.
(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, until such time as the applicant proves compliance.
F.
Ownership. No person other than a landowner or his 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. The cost of such additional review or comment shall be funded by the applicant.
5.
Issuance of Permit.
A.
At least three copies of any permit application required under this Chapter shall be made.
B.
One copy of any such permit shall be retained in 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.
C.
Where applicable, a state highway occupancy permit shall be required prior to issuance of a Township building permit.
6.
Revocation of Permits. The Zoning Officer shall revoke a permit or approval issued under the provisions of this Chapter in case of:
A.
Any false statement or misrepresentation of fact in the application or on the plans on which the permit or approval was based. (The Pennsylvania Crimes Code provides for penalties for providing false information to a municipal employee in the carrying out of his/her duties.)
B.
Upon violation of any condition lawfully imposed upon a special exception or 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.
E.
For violation of any other applicable Township ordinance.
7.
Temporary Permit for Temporary Uses and Structures.
[Amended by Ord. 2010-6, 8/19/2010]
A.
A temporary permit may be issued by the Zoning Officer for any of the following:
(1)
Any temporary use that meets the requirements of this Chapter.
(2)
Customary, routine and accessory short-term special events, provided that:
(a)
Only a well-established nonprofit organization or a lawful 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 a commercial use in a district where that use is not permitted.
(b)
The Zoning Officer shall establish a reasonable limit on the duration of the use.
(4)
The temporary erection of a tent or similar temporary structure that is not totally enclosed for a maximum of 14 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.
B.
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 owner of record of the land, recognizing the application 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 may remove the use or structure at the cost of the person who owns the land upon which the structure or use is located.
8.
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 Zoning Officer.
B.
Changes to a site plan approved by the Zoning Hearing Board as a special exception use or by the Board of Supervisors as a conditional use 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 approval by the Hearing Board or the 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.
§ 27-108 Amendments to this Chapter.
[Ord. 9-94, 4/7/1994, § 108]
1.
Within the requirements of the Pennsylvania Municipalities Planning Code, the Board of Supervisors may amend, challenge or repeal any or all portions of this Chapter on its own motion or 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 Supervisors shall hold a public hearing thereon, following the procedural requirements of the Pennsylvania Municipalities Planning Code, 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 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.
B.
Lehigh Valley Planning Commission (LVPC) Review. The Township shall submit the proposed amendment to the 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.
[Amended by Ord. No. 2020-08, 7/9/2020]
4.
Changes After a Hearing. If, after any public hearing held upon an amendment, the proposed amendment is revised, or further revised, to include or exclude land previously not affected by it, the Board of Supervisors shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment.
5.
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 a committee appointed by the Board of Supervisors 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 residences.
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.
G.
Payment of required fees to the Township as provided in the Township Fee Schedule for Rezoning or Curative Amendments, 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.
[Amended by Ord. 2010-6, 8/19/2010]
6.
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.
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.
§ 27-109 Curative Amendments.
[Ord. 9-94, 4/7/1994, § 109]
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 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 (as of 1994, these provisions were in §§ 609.1. and 916.1 of such Act).
2.
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, and at a minimum shall compensate the Township for all actual expenses for legal advertising.
3.
Municipal Curative Amendments. The applicable provisions of the Pennsylvania Municipalities Planning Code shall apply (as of 1994, such provisions were in §§ 609.2 and 916.1 of such Act).
§ 27-110 Zoning Officer.
[Ord. 9-94, 4/7/1994, § 110]
1.
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.
2.
Duties and Powers. The Zoning Officer shall:
A.
Administer this Chapter.
B.
Receive and examine all applications required under the terms of this Chapter and issue or refuse permits within this Chapter.
C.
Receive complaints of violation of this Chapter and issue a written notice of violation to any person violating any provision of this Chapter.
D.
Keep records of applications, permits, certificates, written decisions and interpretations issued, of variances granted by the Board, of complaints received, of inspections made, of reports rendered, and of notices or orders issued, and make all required inspections and perform all other duties as called for in this Chapter.
E.
Not have the power to permit any activity which does not conform to this Chapter or all other ordinances of the Township.
§ 27-111 Zoning Hearing Board Actions and Variances.
[Ord. 9-94, 4/7/1994, § 111]
1.
Membership of Board. The existing Zoning Hearing Board shall be continued and shall consist of five residents of the Township appointed by resolution of the Board of Supervisors. The terms of office shall be five years and shall be so fixed that the term of office of at least one member shall expire each year. Members of the Board shall hold no other elected or appointed office in the Township, nor shall any member be an employee of the Township. The Board of Supervisors may appoint alternate members of the Zoning Hearing Board within the applicable provisions of the Pennsylvania Municipalities Planning Code [as of 1994, such provisions were in § 903(b) of such Act].
[Amended by Ord. 2010-6, 8/19/2010; and by Ord. No. 2020-08, 7/9/2020]
2.
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.
3.
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 which appointed the member, 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.
4.
Organization. The applicable provisions of the Pennsylvania Municipalities Planning Code, as amended, shall apply [as of 1994, these provisions were in § 906(a), (b) and (c) of such Act].
5.
Zoning Hearing Board Functions. 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.
B.
Challenge to the Validity of this Chapter or Map. The applicable provisions of the Pennsylvania Municipalities Planning Code, as amended, shall apply (as of 1994, these provisions were in §§ 909 and 916 of such Act).
C.
Variance.
(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 1994, the Municipalities Planning Code 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)
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.
(5)
Use Variance. A variance shall not be granted to allow a use that is not permitted in the applicable district unless the applicant proves to the satisfaction of the Zoning Hearing Board that one of the following is true: a) the proposed use is not addressed in any district in this Chapter; or b) the property is not suitable for any of the uses permitted in that district because of the property's unique characteristics. In addition, a use variance shall meet other applicable variance standards.
D.
Special Exception.
(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 § 27-119.
(2)
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.
F.
Records and Reports. The staff to the Board shall keep full public records of its business.
6.
Time Limitations for Appeals. The applicable provisions of the Pennsylvania Municipalities Planning Code, as amended, shall apply (as of 1994, these provisions were in § 914.1 of such Act).
7.
Stay of Proceedings. The stay of proceedings provisions of the Pennsylvania Municipalities Planning Code, as amended, shall apply (as of 1994, such provisions were in § 915.1 of such Act). The provisions of the Pennsylvania Municipalities Planning Code, as amended, regarding substantive challenges to the Zoning Ordinance by a landowner or persons aggrieved shall apply (as of 1994, these provisions were in § 916.1 of such Act).
8.
Time Limitations 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 six months after the date of such approval or authorization. Such action under such permit shall then begin within six months of the issuance of the permit.
B.
Township Approvals. 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 the last such approval or permit is granted.
C.
Federal or State Approvals. If an application requires a federal or state permit or approval, than the time limits of this Section may apply from the date of such issuance or approval; provided, that: a) the applicant applied for such permit or approval during the Township approval process, and b) the applicant continues to diligently seek such approval or permit.
D.
For good cause, the Zoning Officer may, upon application in writing stating the reasons therefore, extend in writing the above application and construction initiation periods up to a maximum total of 30 months.
E.
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 six months, it shall be conclusively presumed that the applicant has waived, withdrawn or abandoned approvals, variances and permits under this Chapter, and all such approvals, variances and permits become null and void.
F.
See provisions in the Township Building Code regarding renewal of and time limits on building permits.
§ 27-112 Board Hearings and Decisions.
[Ord. 9-94, 4/7/1994, § 112]
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:
(2)
Posting. Notice of such hearing shall be conspicuously posted on the affected tract of land by the Township at least one week prior to the hearing. It is the responsibility of the applicant to ensure that such notice remains posted until the hearing.
[Amended by Ord. 2010-6, 8/19/2010]
(3)
Persons Given Notice. Written notice shall be given to the applicant and the Zoning Officer. Notice should be given to the Planning Commission, Board of Supervisors and owners of record of property abutting and directly across the street from the lot lines of the subject property. 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. Such notice should be intended to be received at least five days prior to the hearing date.
(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 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 Supervisors may, by resolution, establish a reasonable fee schedule, based on cost, 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.
(3)
The Board shall have the authority, if it chooses, to determine who has standing for an appeal.
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, Township staff, Township Engineer, Fire Commissioner or other professional provide an advisory review on any matter before the Board. Any costs associated with such reviews shall be paid by the applicant.
[Amended by Ord. 2010-6, 8/19/2010]
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 Municipalities Planning Code or of this Chapter shall 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 his or her last known address not later than the time limit established by § 907 of the Pennsylvania Municipalities Planning Code.
§ 27-113 Appeals to Court.
[Ord. 9-94, 4/7/1994, § 113]
The provisions for appeals to court that are stated in the Pennsylvania Municipalities Planning Code, as amended, shall apply (as of 1994, these provisions were in §§ 1001-A, 1002-A, 1003-A, 1004-A, 1005-A and 1006-A of such Act[1]).
[1]
Editor's Note: See 53 P.S. §§ 11001-A through 11006-A.
§ 27-114 Limited Public Utility Exemptions.
[Ord. 9-94, 4/7/1994, § 114]
See § 619 of the Pennsylvania Municipalities Planning Code.
§ 27-115 Limited Township and Municipal Authority Exemption.
[Ord. 9-94, 4/7/1994, § 115]
The minimum lot area and minimum lot width requirements of this Chapter shall not apply to uses or structures owned by Upper Macungie Township or by municipal authorities created solely by Upper Macungie Township, for uses and structures that are intended for a legitimate governmental, recycling, public utility or public health and safety purpose.
§ 27-116 Site Plan Review Procedures for Certain Uses.
[Ord. 9-94, 4/7/1994, § 116]
1.
When Site Plan Required. A site plan review by the Planning Commission and Board of Supervisors is required for any of the following uses if the physical layout of the use will not be required to be submitted as a conditional use, a subdivision or a land development.
A.
Any expansion of more than 2,000 square feet in the floor area of a structure of one of the following types:
B.
Any new or expanded paved area of greater than 10,000 square feet.
C.
Conversion of a nonresidential principal building to a new nonresidential principal use, but not including routine changes between closely similar uses as determined by the Zoning Officer.
D.
Any change from one nonresidential principal use to a different nonresidential principal use that would require the addition of 15 or more off-street parking spaces beyond what would have been previously required.
2.
Site Plan Procedures. The following procedures shall be followed for any use required to be reviewed under this Section:
A.
Submission. A minimum of three complete copies 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. A minimum of one copy shall be retained in Township files. The site plan shall include the information listed in § 27-117. The Zoning Officer shall seek a review by the Township Engineer if engineering matters are involved.
B.
Prior to or within three working days after submittal to the Township, the applicant shall distribute one copy to each of the following, as applicable, unless waived by the Zoning Officer as unnecessary: the Township Engineer, the Sewage Authority Engineer, the County Conservation District, the Joint Planning Commission (if required under the Regional Stormwater Ordinance), and the Lehigh County Authority. The applicant shall notify the Township in writing that such submittals were completed.
C.
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 within the time limit stated in Subsection 2D below.
D.
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. The Zoning Officer shall make such determination within 90 days after the first scheduled Planning Commission regular meeting after the receipt of a complete site plan submission, unless the applicant grants a written time extension.
E.
A site plan under this Section may be reviewed at any legally advertised, regular or workshop meeting of the Board of Supervisors and Planning Commission.
§ 27-117 Submission Requirements for Site Plan Review.
[Ord. 9-94, 4/7/1994, § 117]
1.
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 § 27-116 or 27-118, 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 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 § 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. Note stating general proposed method of providing wastewater treatment and water supply (such as "public water and public sewage 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 proposed methods to control such hazards and nuisances.
I.
Grading and Stormwater. Proposed and existing contours if earth disturbance is proposed. Identification of any slopes between 15% and 25% and greater than 25% proposed to be impacted. Proposed method of managing stormwater runoff. See steep slope provisions in § 27-505 and the Township's Act 167 Stormwater Ordinances. Delineation of any floodplains from the Official Federal Emergency Management Agency Floodplain Maps. (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 use.)
J.
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.
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.
§ 27-118 Conditional Use Process.
[Ord. 9-94, 4/7/1994, § 118; Ord. 2010-6, 8/19/2010; Ord. 2017-4, 6/1/2017; Ord. No. 2018-01, 2/8/2018; Ord. No. 2024-07, 10/3/2024]
1.
Purpose. Before zoning approval is granted for any use listed as a conditional use in this chapter, a site plan shall be reviewed by the Township Planning Commission and approved by the Township Board of Supervisors.
2.
Approval of Conditional Uses.
B.
The Board of Supervisors shall hold hearings on and decide requests for such conditional uses in accordance with such specific standards in § 27-402 and § 27-403, as applicable. The hearing shall be conducted by the Board of Supervisors, or the Board of Supervisors may appoint any member or an independent attorney as a hearing officer. The decision or, where no decision is called for, the findings shall be made by the Board of Supervisors. However, the appellant or the applicant, as the case may be, in addition to the Township, may, prior to the decision of the hearing, waive decision or findings by the Board of Supervisors and accept the decision or findings of the hearing officer as final.
C.
Compliance 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.
(2)
Traffic. The applicant shall show that the use will not result in or add to a significant traffic hazard or significant traffic congestion (based upon a reduction in overall levels of service at the nearest intersection in all compass directions).
(3)
Safety. The applicant shall show that the use will not create a significant public safety hazard, including fire, toxic or explosive hazards.
(4)
Stormwater Management. Will follow adequate, professionally accepted engineering methods to manage stormwater. 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 the Subdivision and Land Development Ordinance (Chapter 22) and under plans adopted pursuant to the Pennsylvania Stormwater Management Act.[1]
(5)
Neighborhood. Will not significantly/negatively affect the desirable character of an existing residential neighborhood, such as causing heavy truck traffic through a residential neighborhood or a significant odor or noise nuisance, as regulated under Chapter 10, Part 2, or very late night/early morning hours of operation.
D.
In granting a conditional use, the Board of Supervisors may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter.
3.
Administration.
A.
The Zoning Officer shall deny a zoning permit for the proposed development until written approval of the Township Board of Supervisors is obtained.
B.
All applicants for conditional use shall submit five sets of site plans sealed by a Pennsylvania-licensed design professional.
C.
All site plans shall contain information otherwise required by the Township Subdivision and Land Development Regulations for a sketch plan,[2] and in addition thereto, all site plans shall contain the following information as it pertains to the subject lot(s):
(1)
The location of public and private water lines, supplies, wells, springs, streams, swamps, rivers and other bodies of water, and public and private sewer lines and septic systems;
(2)
The location of high-tension power line rights-of-way;
(3)
The location of pipeline rights-of-way;
(4)
The location of geologic and hydrologic features;
(5)
The floodplain and location of the site or facility within that floodplain, and stormwater runoffs;
(6)
The location of public and private recreational areas;
(7)
A soils, geologic and groundwater report of the characteristics of the area where the proposed site or facility will be located;
(8)
The location of significant historical and architectural sites; and
D.
The Board of Supervisors, within 10 days of receipt of a completed submission, shall forward one copy of the site plan to the Zoning Officer, one copy to the Township Engineer, and one copy to the Director of Planning and Zoning for review by the Township Planning Commission. Owners of real property situated within 300 feet of the proposed site or facility shall be sent a notice of the Planning Commission's review meeting not less than 10 days prior to the date fixed for review.
E.
The Zoning Officer shall, within 30 days of receipt of a completed submission by the Township, review the plan and submission to determine compliance with this chapter and submit a written recommendation to the Board of Supervisors.
F.
The Planning Commission shall, within 30 days of receipt of a completed submission by the Township, review the plan and submission to determine compliance with this chapter and submit a written recommendation to the Board of Supervisors.
G.
Failure of the Zoning Officer or the Planning Commission to submit a written report in a timely fashion shall not prevent the Board of Supervisors from hearing and deciding the request.
4.
Referral to the Planning Commission.
A.
The Board of Supervisors shall refer to the Township Planning Commission all applications for conditional uses.
B.
In its review of the conditional use, the Township Planning Commission shall determine compliance with the standards and criteria set forth in this chapter.
C.
In all cases the Township Planning Commission shall report in writing its findings and recommendations to the Board of Supervisors within 30 days of receipt of a completed submission by the Township.
D.
The Board of Supervisors and Planning Commission shall establish mutually acceptable procedures to assure that the review is accomplished in time to permit the Board of Supervisors to make its required decision.
5.
Decision Findings.
A.
The Board of Supervisors shall render a written decision or make written findings (when no decision is called for) on the application within 45 days after the last hearing before the Board of Supervisors. Where the application is contested or denied, the decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons therefor. Any conclusion based on any provision of Act 170,[3] as amended, or of this chapter, or of any other ordinance, rule or regulation, shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in light of the facts found.
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
Where the Board of Supervisors fails to render the decision within the period required in Subsection A of this Subsection 5 or fails to commence, conduct, or complete the required hearing as provided in Section 908(1.2) of the Pennsylvania Municipalities Planning Code (MPC),[4] the decision shall be deemed to have been rendered in favor of the applicant, unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the governing body to meet or render a decision as hereinabove provided, the Board of Supervisors shall give public notice of the decision within 10 days from the last day it could have met to render a decision in the same manner as required by the public notice requirements of the MPC. If the Board of Supervisors shall fail to provide such notice, the applicant may do so.
[4]
Editor's Note: See 53 P.S. § 10908(1.2).
C.
A copy of the final decision or a copy of the finding (when no decision is called for) shall be delivered to the applicant. The Board of Supervisors shall provide (by mail or otherwise) a brief notice of the decision or findings and the statement of the place where the full decision findings may examined to all other persons who have filed their names and addresses with the Board of Supervisors.
6.
Appeals. In general, all appeals for securing a review of this chapter or any decision, determination, order of the Board of Supervisors, its agencies or officers issued pursuant to this chapter shall be in conformance with Article X-a of the Municipalities Planning Code as amended.
§ 27-119 Special Exception Use Process.
[Ord. 9-94, 4/7/1994, § 119]
1.
Purpose. The special exception process is designed to allow careful review of uses that have some potential of conflicts with adjacent uses or areas.
2.
Special Exception Procedure.
A.
All applicants for a special exception use shall submit one set 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 nor additional off-street parking. Photographs of the existing site or buildings may also be requested to be presented by the applicant.
C.
A minimum of one copy shall be retained in the Township files.
D.
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 Board may request an advisory review by the Planning Commission or the Township Engineer.
E.
The Board shall hear and decide such request for a special exception use under the procedures of Part 1 and the Pennsylvania Municipalities Planning Code. The Board shall schedule the first hearing within 60 days of 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.
Approval of Special Exception Uses. The Zoning Hearing Board shall approve any proposed special exception use if it finds adequate evidence that any proposed use will meet:
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.
§ 27-120 Site Planning Guidelines.
[Ord. 9-94, 4/7/1994, § 120]
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.
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.
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.
§ 27-121 Liability.
[Ord. 9-94, 4/7/1994, § 121]
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, wetland delineation review, 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 nor 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.