Upper Milford Township
City Zoning Code

ADMINISTRATION

§ 155.020 APPLICABILITY OF THIS CHAPTER.

This zoning chapter shall apply throughout the township. Any activity regulated by this chapter shall only occur in such a way that conforms with the regulations of this chapter. See § 155.022(A).

(Ord. 126, passed 3-18-2010)

§ 155.021 PURPOSES AND COMMUNITY DEVELOPMENT OBJECTIVES.

This chapter is hereby adopted:

(A) In accordance with the requirements and purposes (including §§ 604 and 605 or their successor section(s), which are included by reference) of the Pennsylvania Municipalities Planning Code, as amended, being 53 P.S. §§ 10604 and 10605;

(B) In accordance with goals and objectives of the Southwestern Lehigh County Comprehensive Plan, which are hereby included by reference; and

(1) To make sure that development carefully relates to natural features, and to avoid overly intense development of environmentally sensitive land;

(2) To minimize disturbance of creek valleys and steep woodlands;

(3) To avoid overextending ground water supplies, and to encourage ground water recharge;

(4) To protect the quality of ground water and surface waters;

(5) To promote traditional styles of development;

(6) To promote compatibility between land uses;

(7) To seek coordinated development and roads across municipal borders;

(8) To provide for a variety of residential densities and meet legal obligations to provide opportunities for all housing types;

(9) To promote development that retains the rural character of the township;

(10) To encourage rehabilitation and avoid demolition of historic buildings;

(11) To direct higher density development to areas that are physically suitable, accessible by major roads and that have the potential of central water and sewage services;

(12) To coordinate development with future central water and sewage service areas;

(13) To direct industrial development to locations that will minimize conflicts with homes;

(14) To direct commercial businesses to existing commercial areas, while avoiding new strip commercial areas that would cause traffic congestion and safety problems and conflicts with homes;

(15) To promote new business development in appropriate areas that will provide additional tax revenue and job opportunities; and

(16) To promote public health, safety and general welfare.

(Ord. 126, passed 3-18-2010)

§ 155.022 PERMITS AND CERTIFICATES.

(A) Applicability.

(1) Generally. Any of the following activities or any other activity regulated by this chapter shall only be carried out in conformity with this chapter:

(a) Erection, construction, movement, placement or extension of a structure, building or sign;

(b) Change of the type of use or expansion of the use of a structure or area of land;

(d) Creation of a new use.

(2) Zoning permit. A zoning permit indicates that a zoning application complies with this chapter to the best knowledge of the applicable township staff.

(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 new use;

4. Demolition of a building, or partial demolition of the exterior of a building;

5. Site alterations or mineral extraction as defined by § 155.051;

6. Excavation or grading in preparation for the construction of a building or a change in use of a property; and/or

7. Construction or installation of any animal waste impoundment, lake, pond, dam or other water retention basin.

(b) The township may, at its option, issue combined or separate building permits and zoning permits and/or may utilize single or separate applications for the permits.

(3) Certificate of use.

(a) It shall be unlawful to use and/or occupy any new principal nonresidential building or establish any new principal nonresidential use until a certificate of use for such building or use has been issued by the township staff. (Note: a certificate of occupancy may also be required in additional situations under the construction codes, and the township may at its option combine a certificate of use with a certificate of occupancy.)

(b) The Zoning Officer may require that the issuance of the certificate of use be delayed if the Zoning Officer believes that the activity, structure or use is not in compliance with this chapter and associated zoning approvals, until such time as compliance is achieved.

(c) Upon the request of an applicant, the Zoning Officer may in writing allow a temporary occupancy or activity to occur before all zoning requirements have been met where the following conditions are met:

1. The applicant shall prove to the township that the activity or occupancy can occur safely without endangering public health or safety;

2. The temporary approval shall establish in writing a maximum time period under which it is valid. A six month maximum time period shall apply if not otherwise specified;

3. Failure to receive a permanent certificate of use within such time period shall be a violation of this chapter;

4. The temporary approval may be conditioned upon compliance with certain specific requirements within certain time periods; and

5. See division (G) below.

(B) Repairs and maintenance. Ordinary repairs and maintenance to existing structures that do not involve an expansion or change of a use or structure shall not by itself be regulated by this chapter. Examples of such work include replacement of a roof or porch that does not involve enclosure of space. (However, a construction permit under any Township Building Code may be needed for such work.)

(1) 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.

(2) Special exception use or application requiring a variance. A permit under this chapter for a use requiring a special exception or variance shall be issued by the Zoning Officer only in response to a written approval by the Zoning Hearing Board following a hearing.

(D) Applications.

(1) Submittal. All applications for a zoning permit or a decision by the Zoning Hearing Board shall be made in writing on a form provided by the township. Such completed application, with required fees, shall be submitted to a designated township staff person.

(2) Site plan. The applicant shall submit a minimum of two copies of a site plan with the application if the application involves a new building, expansion of a building or addition of three or more parking spaces. The site plan shall be drawn to scale and show the following:

(a) Locations, dimensions and uses of existing and proposed structures, parking and loading areas, and locations of existing and proposed uses of areas of land, with existing features clearly distinguished from proposed features;

(b) Notes showing the dimensions of all buildings from lot lines and street rights-of-way;

(d) Proposed lot areas, lot widths and other applicable dimensional requirements;

(e) Locations and widths of existing and proposed sidewalks;

(f) A north arrow and scale; and

(g) Well and primary and alternate septic system locations, if applicable.

(3) Additional information. Any application under this chapter shall include the following information, unless the Zoning Officer determines such information is unnecessary to determine compliance with this chapter:

(a) The address of the lot;

(b) Name and address of the applicant, and of the owner of the property if different from the applicant;

(c) If the applicant is not the landowner of record, information shall be presented with the application, such as an agreement of sale or lease, to demonstrate that the applicant has the legal right to make the application;

(d) A current deed for the property;

(e) A description of the existing and proposed use(s) of the property, with the proposed use described in sufficient detail for the Zoning Officer to determine compliance with this chapter;

(f) All other applicable information listed on the official township application form;

(g) If the applicant is incorporated, the legal names and day telephone numbers of officers of the organization/corporation;

(h) Such additional information that the Zoning Officer may determine is reasonably necessary to determine compliance with this chapter; and

(i) A listing of all special exception approvals and/or variances which the applicant is requesting and/or a description with a date of any such approvals that were previously granted for this property that relate to this application.

(4) Submittals to the Board. In addition to the information listed in division (D)(3) above, an application requiring a site plan and action by the Zoning Hearing Board shall also include the following information, unless the Zoning Officer determines that such information is unnecessary to determine compliance with this chapter:

(a) The present zoning district and major applicable lot requirements;

(b) For a nonresidential use:

1. 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; and

2. A list of the maximum hours of operation.

(c) The existing directions of stormwater flow (and any proposed revisions), and any proposed methods of stormwater management;

(d) A listing of any sections of this chapter being appealed, with the reasons for any appeal;

(e) Approximate locations of principal buildings and locations of streets and alleys and zoning district boundaries within 100 feet of the boundaries of the tract, and description of uses of adjoining properties (such as “drug store” or “single-family detached dwelling”);

(f) Heights, locations, methods of illumination and intensity of exterior lighting and sign lighting;

(g) Name and address of person who prepared the site plan;

(h) Signed acknowledgment of the application by the applicant; and

(i) Such additional information required under applicable sections of this chapter.

(5) Ownership. No person other than a landowner or their specifically authorized agent or a tenant or lessee with written permission of the landowner shall submit a zoning application. (See definition of “landowner” in § 155.051.)

(E) Issuance of permits.

(1) Generally. At least one copy of each permit application and any other zoning approval shall be retained in township files.

(2) PennDOT permit. Where necessary for access onto a state road, a township zoning or building permit shall be automatically conditioned upon issuance of a PennDOT highway occupancy permit.

(F) Revocation of permits; appeal of permit or approval.

(1) Revocation. The Zoning Officer shall revoke, withhold or suspend a permit or approval issued under the provisions of the zoning chapter in case of one or more of the following:

(a) Any false statement or misrepresentation of fact in the application or on the plans on which the permit or approval was based; (Note: the State Criminal Code provides for penalties for providing false information to a municipal employee in the carrying out of his or her duties.)

(b) Upon violation of any condition lawfully imposed by the Zoning Hearing Board upon a special exception use or variance;

(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; and/or

(d) For any other just cause set forth in this chapter.

(2) Appeals. A party with legitimate standing, or as otherwise provided by state law, may appeal decisions under this chapter within the provisions of the Pennsylvania Municipalities Planning Code, being 53 P.S. §§ 10101 et seq. Any such appeal shall occur within the time period established in the Pennsylvania Municipalities Planning Code, being 53 P.S. §§ 10101 et seq. (as of the adoption date of this chapter, such provisions were in §§ 914.1 (53 P.S. §§ 10914.1) and 1002-A (53 P.S. §§ 11102-A).

(G) Zoning permit for temporary uses and structures.

(1) Generally. A zoning permit for a temporary use or structure may be issued by the Zoning Officer for any of the following:

(a) A temporary permit may be issued for customary, routine and accessory short-term special events, provided that:

1. Only a well-established nonprofit organization or a permitted place of worship proposing a temporary use to clearly primarily serve a charitable, public service or religious purpose shall be eligible to receive approval for commercial-type activities in a district where a commercial use would not otherwise be permitted;

2. Such total events shall be limited to a maximum of ten total days per calendar year; and

3. The applicant shall prove to the Zoning Officer that sufficient parking and traffic control will be available for the special event, without obstructing parking that is required to serve other uses on the site.

(b) A temporary permit may be issued for temporary storage and office trailers that are necessary to serve on-site construction, while such construction is actively underway under a valid township permit.

(c) In addition, Christmas tree sales shall be allowed by right in all districts during the months of November and December.

(2) Time period. The Zoning Officer shall state a reasonable maximum time period on the temporary permit. If no time limit is stated, then a seven-day maximum period shall apply. A temporary permit may be renewed for just cause.

(3) Temporary retail sales.

(a) Except as provided for in division (G)(1)(a) above, and except for allowed accessory agricultural sales, a lot shall only be used for temporary retail sales if all of the following conditions are met.

1. The property shall be located within a zoning district that allows retail sales.

2. The operator shall have received any business permits required by the township.

3. No off-street parking spaces shall be obstructed that are required to serve permanent uses on the lot.

4. Any signs visible from a public street shall comply with this chapter.

5. If food or beverages are sold that are not pre-packaged, the applicant shall prove compliance with state health regulations, including having on-site facilities for workers to wash their hands. Proper bathroom facilities shall also be available for workers.

6. Any structure shall meet applicable minimum setbacks.

7. A permit under this chapter shall be required from the township, which shall be displayed while the activity is open for business.

8. The application may be rejected if the Zoning Officer has reason to believe that the activity would obstruct safe sight distances.

(b) See also regulations on tents and membrane structures in the International Fire Code, which is in effect in the township.

(H) Compliance with township subdivision and land development ordinance.

(1) If a application under this chapter would also be regulated by the township subdivision and land development ordinance (“SALDO”), then any permit or approval under this zoning chapter shall automatically be conditioned upon compliance with the SALDO. See the definitions of “land development” and “subdivision” in the SALDO (§ 154.031 of this code of ordinances).

(2) For example, if an applicant applies for a single-family detached dwelling on a proposed new lot, the construction permit for such dwelling shall not be valid until after the lot is granted final subdivision approval and the lot is officially recorded by the County Recorder of Deeds.

(Ord. 126, passed 3-18-2010) Penalty, see § 155.999

§ 155.023 GENERAL PROCEDURE FOR PERMITS.

(A) After receiving a proper application, the Zoning Officer shall either:

(1) Issue the applicable permit(s); or

(2) Deny the application(s) as submitted, indicating one or more reasons.

(B) After the permit under this chapter has been issued, the applicant may undertake the action specified by the permit, in compliance with other township ordinances. However, it is recommended that applicants wait 30 days to begin construction if there is a possibility of an appeal by another party to have the permit revoked. Any commencement of construction or a use within this 30-day appeal period shall be at the risk of the applicant.

(Ord. 126, passed 3-18-2010)

§ 155.024 INTERPRETATION AND USES NOT REGULATED.

(A) Minimum requirements. Where more than one provision of this chapter controls a particular matter, the provision that is more restrictive upon uses and structures shall apply. The provisions of this chapter are in addition to any other applicable township ordinance.

(B) Uses not specifically regulated. If a use clearly is not permitted by right or as a special exception use by this chapter within any zoning district, the use is prohibited, except that the Zoning Hearing Board may permit such use as a special exception use if the applicant specifically proves to the clear satisfaction of the Zoning Hearing Board that all of the following conditions would be met:

(1) The proposed use would be no more intensive with respect to external impacts and nuisances than uses that are permitted in the district;

(2) The proposed use would be closely similar in impacts and character to uses permitted in that district, considering the standards in § 155.096(F)(3);

(3) The use would meet the standards that would apply under § 155.034 to a special exception use; and

(4) The use is not specifically prohibited in that district.

(1) The Zoning Officer shall literally apply the wording of this chapter and the location of all district boundaries to particular applications. In any case, the Zoning Officer may also request an advisory opinion from the Township Solicitor to aid in the Zoning Officer’s determination.

(2) If an applicant disagrees with the Zoning Officer’s determination and believes that the chapter should be interpreted in the applicant’s favor, the applicant may appeal to the Zoning Hearing Board. See § 155.029.

(3) See § 155.067.

(D) Undefined terms/interpretation of definitions. See §§ 155.050 and 155.051.

(Ord. 126, passed 3-18-2010)

§ 155.025 FEES.

A township fee schedule for permits and applications may be established and amended by written resolution of the Board of Supervisors. No application or appeal shall be considered filed until all fees are paid.

(Ord. 126, passed 3-18-2010)

§ 155.026 AMENDMENTS TO THIS CHAPTER.

(A) Within the requirements of the Pennsylvania Municipalities Planning Code, being 53 P.S. §§ 10101 et seq., the Board of Supervisors may amend, or repeal any or all portions of this chapter on:

(1) Its own motion; or

(2) After agreeing to hear a written request of any person, entity, landowner or the Planning Commission.

(A) See also the intermunicipal agreement to implement the Southwestern Lehigh County Comprehensive Plan, which may provide that notice be sent to other municipalities.

(Ord. 126, passed 3-18-2010)

§ 155.027 CURATIVE AMENDMENTS.

The applicable provisions of the Pennsylvania Municipalities Planning Code, being 53 P.S. §§ 10101 et seq. shall apply. (Note: As of the adoption date of this chapter, these provisions were primarily in §§ 609.1 (53 P.S. §§ 10609.1), 609.2 (53 P.S. §§ 10609.2) and 916.1 (53 P.S. §§ 10916.1) of such Act.)

(Ord. 126, passed 3-18-2010)

§ 155.028 ZONING OFFICER.

(A) Appointment. The Zoning Officer(s) shall be appointed by the Board of Supervisors. The Board of Supervisors may designate other township staff persons to serve as Assistant Zoning Officer(s). Assistant Zoning Officers may serve with the same authority and duties as the Zoning Officer. The Zoning Officer shall not hold any elective office within the township, but may hold other appointed offices.

(B) Duties and powers. The Zoning Officer’s duties and powers shall include the following:

(1) Administer the zoning chapter in accordance with its literal terms, including to receive and examine all applications required under the terms of this chapter, and issue or refuse permits within the provisions of this chapter;

(2) Conduct inspections to determine compliance, and receive complaints of violation of this chapter;

(3) Keep records of applications, permits, certificates, written decisions and variances granted by the Zoning Hearing Board, and of enforcement orders, with all such records being the property of the township and being available for public inspection;

(4) Review proposed subdivisions and land developments for compliance with this chapter;

(5) Take enforcement actions as provided by the Pennsylvania Municipalities Planning Code, as amended, being 53 P.S. §§ 10101 et seq.;

(6) Maintain available records concerning nonconformities, provided that the township is not required to document every nonconformity; and

(7) Serve such other functions as are provided in this chapter.

(Ord. 126, passed 3-18-2010)

§ 155.029 ZONING HEARING BOARD ACTIONS AND VARIANCES.

(A) Membership of Board. The Zoning Hearing Board shall consist of five residents of the township appointed by the Board of Supervisors. The existing terms of office shall continue, with terms of office being five years, and with the terms being so fixed that the term of office of one member shall expire each year. Members of the Board shall hold no other elected or appointed office in the township nor shall any member be an employee of the municipality.

(1) Alternate members. The Board of Supervisors may appoint alternate members of the Zoning Hearing Board within the applicable provisions of the Pennsylvania Municipalities Planning Code, being 53 P.S. §§ 10101 et seq. (Note: as of the adoption date of this chapter, such provisions were in § 903(b) (53 P.S. §§ 10903(b)) of such Act.)

(2) Expenditures. Within the maximum amount of funds appropriated by the Board of Supervisors, the Zoning Hearing Board may employ or contract for secretaries, legal counsel, and other technical and clerical services. Members and alternate members may receive compensation, within limits established by the Board of Supervisors, for the performance of its duties.

(B) Vacancies. Appointments to fill vacancies shall be only for the unexpired portion of a term.

(C) Organization. The applicable provisions of the Pennsylvania Municipalities Planning Code, as amended, being 53 P.S. §§ 10101 et seq. shall apply. (As of the adoption date of this chapter, these provisions were in §§ 906(a), (b) and (c) of such Act (53 P.S. §§ 10906(a),(b) and (c).)

(D) Zoning Hearing Board jurisdiction and functions. The Zoning Hearing Board shall be responsible for the following.

(1) Appeal of a decision by the Zoning Officer.

(a) The Board shall hear and decide appeals where it is alleged by an affected person, entity or the Board of Supervisors that the Zoning Officer has improperly acted under the requirements and procedures of this chapter.

(b) See time limitations for appeals in division (E) below.

(2) Challenge to the validity of the ordinance or map. The applicable provisions of the Pennsylvania Municipalities Planning Code, as amended, being 53 P.S. §§ 10101 et seq., shall apply. (Note: as of the adoption date of this chapter, these provisions were primarily in §§ 909.1 (53 P.S. §§ 10909.1) and 916 (53 P.S. §§ 10916) of such Act.)

(3) Variance.

(a) The Board shall hear requests for variances filed with the township staff in writing.

(b) Standards: the Board may grant a variance only within the limitations of state law.

(c) Note: as of the adoption date of this chapter, the Municipalities Planning Code, being 53 P.S. §§ 10101 et seq. provided that all of the following findings must be made, where relevant:

1. There are unique physical circumstances or conditions (including irregularity, narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property) and that the unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of this chapter in the neighborhood or district in which the property is located;

2. Because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the zoning chapter and a variance is therefore necessary to enable the reasonable use of the property;

3. Such unnecessary hardship has not been created by the appellant;

4. The variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare; and

5. The variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.

(c) In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter.

(4) Special exception.

(a) The Board shall hear and decide requests for all special exceptions filed with the township staff in writing. The Board shall only permit a special exception that is authorized by this chapter. See § 155.034.

(b) 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.

(5) Persons with disabilities. After the Zoning Officer receives a complete written application, the Zoning Hearing Board shall grant a special exception allowing modifications to specific requirements of this chapter that the applicant proves to the satisfaction of the Zoning Hearing Board are required under applicable federal law to provide a “reasonable accommodation” to serve persons who the applicant proves have “disabilities” as defined in and protected by such laws.

(a) Such reasonable accommodations shall be requested in accordance with the United States Fair Housing Amendments Act of 1988, being 42 U.S.C. §§ 3601 et seq. and/or the Americans with Disabilities Act, being 42 U.S.C. §§ 12101, as amended.

(b) If the applicant is requesting a reasonable accommodation under the United States Fair Housing Amendments Act of 1988, being 42 U.S.C. §§ 3601 et seq. or the Americans with Disabilities Act, being 42 U.S.C. §§ 12101, the applicant shall identify the disability which is protected by such statutes, the extent of the modification of the provisions of this chapter necessary for a reasonable accommodation and the manner by which the reasonable accommodation requested may be removed when such person(s) with a protected disability no longer will be present on the property.

(c) Any modification approved under this section may be limited to the time period during which the persons with disabilities occupy or utilize the premises.

(6) Other matters. The Zoning Hearing Board shall also hear any other matters as set forth in the Pennsylvania Municipalities Planning Code, as amended, being 53 P.S. §§ 10101 et seq. (Note: as of the adoption date of this chapter, such provisions were primarily within § 909.1 (53 P.S. §§ 10909) of such law.) The Zoning Hearing Board also may hear appeals of other matters if authorized under a separate township ordinance.

(E) Time limits for appeals. The applicable provisions of the Pennsylvania Municipalities Planning Code, as amended, being 53 P.S. §§ 10101 et seq., shall apply. (Note: as of the adoption date of this chapter, these provisions were in § 914.1 (53 P.S. §§ 10914.1) of such Act.)

(F) Stay of proceedings. The stay of proceedings provisions of the Pennsylvania Municipalities Planning Code, as amended, being 53 P.S. §§ 10101 et seq., shall apply. (Note: as of the adoption date of this chapter, such provisions were in § 915.1 (53 P.S. §§ 10915.1) of such Act.)

(G) Time limits on permits and approvals.

(1) (a) After a variance is approved or other zoning approval (such as special exception approval) is officially authorized, then any applicable zoning and building permits shall be secured by the applicant within 12 months after the date of such approval or authorization. The work authorized by zoning permits shall then be completed within 12 months after the issuance of the permits.

(b) However, if a variance is approved to address a violation of this zoning chapter, then the permit shall be acquired and the work completed within six months after the variance is approved, with no further time extension.

(2) Extension: in response to an applicant stating good cause in writing, the Zoning Officer may extend in writing the time limit for completion of work to a maximum total of 24 months after permits are issued.

(3) If an applicant fails to obtain the necessary permits or begin construction within the above time periods, or allows interruptions in substantial construction of longer than 12 months, the Zoning Officer shall conclusively presume that the applicant has waived, withdrawn or abandoned approvals, variances and permits under this chapter and all such approvals, variances and permits shall be deemed automatically rescinded by the township.

(H) Multiple applications. No more than one application for the same property shall be pending before the Zoning Hearing Board for special exception approval at any time.

(Ord. 126, passed 3-18-2010; Ord. 126A, passed 2-7-2013)

§ 155.030 ZONING HEARING BOARD HEARINGS AND DECISIONS.

The following requirements shall apply to procedures, hearings and decisions of the Zoning Hearing Board.

(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 § 107 of the Pennsylvania Municipalities Planning Code, being 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.

(2) Posting. Notice of such hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing. The township staff shall post the property. It is the responsibility of the applicant to make sure that such notice remains posted until the hearing.

(3) Persons given notice.

(a) 1. The township shall provide written notice to the applicant of the time and place of the hearing. The township should also provide notice to the Chairperson of the Board of Supervisors. 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.

2. a. In addition, the township should give notice to the primary owner of record of land:

i. Within 200 feet of the affected lot; or

ii. That is contiguous to the subject lot.

b. All such notices should be mailed or delivered to the last known address.

(b) If a matter involves a location within 500 feet from the boundary of another municipality, notice of the hearing should also be provided to the offices of such other municipality.

(B) 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.

(1) The Board shall render a written decision 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) References shall be provided to the most pertinent section(s) of this chapter and/or the Pennsylvania Municipalities Planning Code, being 53 P.S. §§ 10101 et seq.

(D) Notice of decision. A copy of the final decision shall be delivered or mailed to the applicant or his or her representative at their last known address not later than the time limit established by the Pennsylvania Municipalities Planning Code, as amended, being 53 P.S. §§ 10101 et seq. (Note: as of the adoption date of this chapter, such provisions were within § 908(9) and 908(10) (53 P.S. §§ 10908(9) and (10)) of such Act, including provisions regarding notice to other parties.)

(E) See also § 908 of the Pennsylvania Municipalities Planning Code, being 53 P.S. §§ 10908.

(Ord. 126, passed 3-18-2010)

§ 155.031 APPEALS TO COURT.

The provisions for appeals to court that are stated in the Pennsylvania Municipalities Planning Code, as amended, being 53 P.S. §§ 10101 et seq., shall apply. (Note: as of the adoption date of this chapter, these provisions were in §§ 1001-A, (53 P.S. §§ 101001-A) 1002-A, (53 P.S. §§ 101002-A) 1003-A (53 P.S. §§ 101003-A), 1004-A (53 P.S. §§ 101004-A), 1005-A (53 P.S. §§ 101005-A) and 1006-A (53 P.S. §§ 101006-A) of such Act.)

(Ord. 126, passed 3-18-2010)

§ 155.032 LIMITED PUBLIC UTILITY EXEMPTIONS.

See the provisions of the Pennsylvania Municipalities Planning Code, as amended, being 53 P.S. §§ 10101 et seq. (Note: as of the adoption date of this chapter, such provisions were within § 619 (53 P.S. §§ 10619) of such Act.)

(Ord. 126, passed 3-18-2010)

§ 155.033 TOWNSHIP AND MUNICIPAL AUTHORITY EXEMPTION.

This zoning chapter shall not apply to uses or structures owned by the township or by a municipal authority created solely by the township for uses and structures that are intended for a public utility, stormwater, public works, recycling, municipal administrative, public recreation or public health and safety purpose.

(Ord. 126, passed 3-18-2010)

§ 155.034 SPECIAL EXCEPTION USE PROCESS.

(A) Purpose. The special exception process is designed to allow careful review of uses that have some potential of conflicts with adjacent uses or areas.

(B) Special exception procedure.

(1) A site plan shall be submitted, which shall contain the information required in § 155.022(D). If a fully engineered subdivision or land development plan will be required, it may be submitted separately, such as after a special exception is approved.

(2) The Zoning Officer should provide a review to the Zoning Hearing Board regarding the compliance of the application with this chapter.

(3) The Zoning Hearing Board shall follow the procedures provided in § 155.030.

(4) The township staff should offer a special exception application to the Township Planning Commission for any advisory review that the Commission may wish to provide. However, the Zoning Hearing Board shall meet the time limits of state law for a decision, regardless of whether the Township Planning Commission has provided comments.

(5) See § 908 of the Pennsylvania Municipalities Planning Code, being 53 P.S. §§ 10101 et seq. for time limits.

(C) Consideration of special exception applications. When special exceptions are allowed by this chapter, the Zoning Hearing Board shall hear and decide requests for such special exceptions in accordance with standards established by this chapter, including the following.

(1) Compliance with this chapter. The applicant shall establish by credible evidence that the application complies with all applicable requirements of this chapter. The applicant shall provide the Board with sufficient plans, studies or other data to demonstrate this compliance.

(2) Compliance with other laws. The approval may be conditioned upon the applicant later showing proof of compliance with other specific applicable township, state and federal laws, regulations and permits. Required permits or other proof of compliance may be required to be presented to the township prior to the issuance of any zoning permit, building permit, certification of occupancy and/or recording of an approved plan.

(3) 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.

(4) Site planning. The application shall include proper site layout, internal circulation, parking, buffering and all other elements of proper design as specified in this chapter.

(5) 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.

(6) Safety. The proposed use shall not create a significant hazard to the public health and safety, such as fire, toxic or explosive hazards.

(7) Natural features. The proposed use shall be suitable for the site, considering the disturbance of steep slopes, mature woodland, wetlands, floodplains, springs and other important natural features.

(D) Conditions. In granting a special exception, the Board may require such reasonable conditions and safeguards (in addition to those expressed in this chapter) as it determines are necessary to implement the purposes of this chapter. Conditions imposed by the Zoning Hearing Board shall automatically become conditions of the building permit issued pursuant thereto, and any failure to comply with said conditions shall be a violation of this ordinance.

(Ord. 126, passed 3-18-2010)

§ 155.035 LIABILITY.

(A) Any review of activity within the floodplain, site plan review, subdivision or land development approval, erosion control review, wetland delineation review, stormwater runoff review, review of activity on steep slopes, or any other review, approval or permit under this chapter by an officer, employee, board, commission, solicitor, consultant or agency of the township shall not constitute a representation, guarantee or warranty of any kind by the township, or its employees, officials, boards, solicitor(s), consultants or agencies of the practicality or safety of any structure, use or subdivision, and shall create no liability upon nor a cause of action against such entity or person for any damage that may result pursuant thereto.

(B) If the Zoning Officer mistakenly issues a permit under this chapter, the township shall not be liable for any later lawful withdrawal of such permit.