Upper Nazareth Township
City Zoning Code
City Zoning Code
PART 1
ADMINISTRATION
§ 27-101 Short Title.
[Ord. No. 199, 1/15/2025]
This chapter shall be known and be cited as the "Upper Nazareth Township Zoning Ordinance of 2024."
§ 27-102 Applicability of This Chapter.
§ 27-103 Purposes and Community Development Objectives.
[Ord. No. 199, 1/15/2025]
1.
This chapter, as amended, 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, 53 P.S. §§ 10604, 10605, as amended.
B.
In accordance with goals, objectives, and recommendations of the Nazareth Area Multi-Municipal Comprehensive Plan preservation priority and natural resources, which are hereby included by reference.
C.
To carry out the following major community development objectives:
(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 waterbodies and steep woodlands.
(3)
To avoid overextending groundwater supplies, and to encourage groundwater recharge.
(4)
To protect the quality of groundwater 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 established rural character of the Township.
(10)
To align the permitted scale, massing, and heights of future land uses to existing conditions within the Township.
(11)
To encourage rehabilitation and avoid demolition of historic buildings.
(12)
To direct higher density development to areas accessible by major roads and that have the potential of central water and sewage services.
(13)
To coordinate development with future central water and sewage service areas.
(14)
To direct industrial development to locations that will minimize conflicts with homes.
(15)
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.
(16)
To promote new business development in appropriate areas that will provide additional tax revenue and job opportunities.
(17)
To promote public health, safety and general welfare.
2.
Upper Nazareth Township identifies that land uses are assigned within a Municipality. As part of its Multi-Municipal Planning efforts, whenever a use clearly is not permitted by right, by condition, or by special exception by this chapter, an applicant shall consult the Chapman Borough or Lower Nazareth Township Ordinances.
§ 27-104 Permits and Certificates.
[Ord. No. 199, 1/15/2025]
1.
Applicability.
A.
Any of the following activities or any other activity regulated by this chapter, as amended, shall only be carried out in conformity with this chapter.
B.
Zoning Permit. A zoning permit indicates that a zoning application complies with this chapter, as amended, to the best knowledge of the applicable Township staff.
(1)
A zoning permit is required to be issued prior to the start of any of the following activities:
(a)
Erection, construction, movement, placement, relocation or expansion 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.
(c)
Creation of a new use.
(d)
Demolition of a building, or partial demolition of the exterior of a building.
(f)
Excavation or grading in preparation for the construction of a building or a change in use of a property. Construction or installation of any animal waste impoundment, lake, pond, dam or other water retention basin.
(2)
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.
C.
Certificate of Occupancy.
(1)
It shall be unlawful to use and/or occupy any new principal building or establish any new or replacement principal nonresidential use until a certificate of occupancy 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.)
(2)
The Zoning Officer may require that the issuance of the certificate of occupancy be delayed if the Zoning Officer believes that the activity, structure or use is not in compliance with this chapter, as amended, and associated zoning approvals, until such time as compliance is achieved.
(3)
The applicant shall keep a copy of the certificate of occupancy available for inspection.
(4)
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:
(a)
The applicant shall prove to the Township that the activity or occupancy can occur safely without endangering public health or safety.
(b)
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.
(c)
Failure to receive a permanent certificate of occupancy within such time period shall be a violation of this chapter.
(d)
The temporary approval may be conditioned upon compliance with certain specific requirements within certain time periods.
2.
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.)
3.
Types of Uses.
A.
Permitted by Right Uses. The Zoning Officer shall issue a permit under this chapter, as amended, in response to an application for a use that is "permitted by right" if it meets all of the requirements of this chapter.
B.
Special Exception Use or Application Requiring a Variance. A permit under this chapter, as amended, 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.
4.
Applications.
A.
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 or digitally in .pdf format. Such completed application, with required fees, shall be submitted to a designated Township staff-person.
B.
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:
(1)
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.
(2)
Notes showing the dimensions of all buildings from lot lines and street rights-of-way.
(3)
Locations of any watercourses and any 100-year floodplain.
(4)
Proposed lot areas, lot widths and other applicable dimensional requirements.
(5)
Locations and widths of existing and proposed sidewalks.
(6)
A north arrow and scale.
(7)
Well and primary and alternate septic system locations, if applicable.
C.
Additional Information. Any application under this chapter, as amended, shall include the following information, unless the Zoning Officer determines such information is unnecessary to determine compliance with this chapter:
(1)
The address of the lot.
(2)
Name and address of the applicant, and of the owner of the property if different from the applicant.
(3)
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.
(4)
A current deed for the property.
(5)
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.
(6)
All other applicable information listed on the official Township application form.
(7)
If the applicant is incorporated, the legal names and day telephone numbers of officers of the organization/corporation.
(8)
Such additional information that the Zoning Officer may determine is reasonably necessary to determine compliance with this chapter.
(9)
A listing of all conditional uses, 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.
D.
Submittals to the Board. In addition to the information listed 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:
(1)
The present zoning district and major applicable lot requirements.
(2)
For a nonresidential use:
(a)
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.
(b)
A list of the maximum hours of operation.
(3)
The existing directions of stormwater flow (and any proposed revisions), and any proposed methods of stormwater management.
(4)
A listing of any sections of this chapter, as amended, being appealed, with the reasons for any appeal.
(5)
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 "drugstore" or "single-family detached dwelling").
(6)
Heights, locations, methods of illumination and intensity of exterior lighting and sign lighting.
(7)
Name and address of person who prepared the site plan.
(8)
Signed acknowledgment of the application by the applicant.
(9)
Such additional information required under applicable sections of this chapter.
E.
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.
5.
Issuance of Permits.
A.
At least one copy of each permit application and any other zoning approval shall be retained in Township files.
B.
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.
6.
Revocation of Permits; Appeal of Permit or Approval.
A.
Revocation. The Zoning Officer shall revoke, withhold or suspend a permit or approval issued under the provisions of this chapter, as amended, in case of one or more of the following:
(1)
Any false statement or misrepresentation of fact in the application or on the plans on which the permit or approval was based. (Note: the Pennsylvania Crimes Code, Title 18 Pa.C.S.A., provides for penalties for providing false information to a municipal employee in the carrying out of his/her duties.)
(2)
Upon violation of any condition lawfully imposed by the Zoning Hearing Board upon a special exception use or variance.
(3)
Any work being accomplished or use of land or structures in such a way that does not comply with this chapter, as amended, or an approved site plan or approved permit application.
(4)
For any other just cause set forth in this chapter.
B.
Appeals. A party with legitimate standing, or as otherwise provided by state law, may appeal decisions under this chapter, as amended, within the provisions of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq. Any such appeal shall occur within the time period established in the Pennsylvania Municipalities Planning Code (as of the adoption date of this chapter, such provisions were in §§ 914.1 and 1002.A. 53 P.S. §§ 10914.1 11002.A).
7.
Zoning Permit for Temporary Uses and Structures.
A.
A zoning permit for a temporary use or structure may be issued by the Zoning Officer for any of the following:
(1)
A temporary permit may be issued for customary, routine, and accessory short-term special events, provided that:
(a)
Only a well-established nonprofit organization or a permitted place of worship proposing a temporary use that clearly primarily serves 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.
(b)
Such total events shall be limited to a maximum of 10 total days per calendar year.
(c)
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.
(2)
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.
(3)
In addition, Christmas tree sales shall be allowed by right in all districts during the months of November and December.
B.
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.
C.
Temporary Retail Sales. Except as provided for above, and except for agricultural sales allowed, 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, as amended, 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.
(9)
Applicable state highway occupancy permit requirements shall be met.
(10)
A plan shall be submitted showing the location of the use on the site.
8.
Compliance with Township Subdivision and Land Development Ordinanc e[Ordinance 174, as amended]. If an application under this chapter, as amended, would also be regulated by the Township Subdivision and Land Development Ordinance ("SALDO"), then any permit or approval under this chapter, as amended, shall automatically be conditioned upon compliance with the SALDO. See the definitions of "land development" and "subdivision" in the SALDO.
A.
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.
§ 27-105 General Procedure for Permits.
[Ord. No. 199, 1/15/2025]
1.
After receiving a proper application, the Zoning Officer shall either: (A) issue the applicable permit(s); or (B) deny the application(s) as submitted, indicating one or more reasons.
2.
After the permit under this chapter, as amended, 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 use within this 30-day appeal period shall be at the risk of the applicant.
§ 27-106 Interpretation and Uses Not Regulated.
[Ord. No. 199, 1/15/2025]
1.
Minimum Requirements. Where more than one provision of this chapter, as amended, controls a particular matter, the provision that is more restrictive upon uses and structures shall apply. The provisions of this chapter, as amended, are in addition to any other applicable Township ordinance.
2.
Uses Not Specifically Regulated. Whenever a use clearly is not permitted by right, by condition, or by special exception by this chapter, as amended, anywhere in Upper Nazareth Township or by the Zoning Ordinance applicable to land within the Chapman Borough Zoning Ordinance, as in effect, or by the Zoning Ordinance applicable to land within the Lower Nazareth Township Ordinance, as in effect, the use is prohibited in the Township, except that the applicant may apply to the Board of Supervisors for a conditional use. The Board of Supervisors may permit such a use if the applicant proves the following conditions would be met:
3.
Interpretation of Ordinance Text and Boundaries.
A.
The Zoning Officer shall literally apply the wording of this chapter, as amended, 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.
§ 27-107 Enforcement, Violations and Penalties.
[Ord. No. 199, 1/15/2025]
1.
All of the enforcement, violations and penalty provisions of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., as amended, are hereby incorporated into this chapter, as amended, by reference. (Note: as of the adoption date of this chapter, these provisions were primarily in §§ 616.1, 617 and 617.2 of such Act, 53 P.S. §§ 10616.1, 10617, 10617.2.)
A.
Violations. Any person who shall commit or who shall permit any of the following actions violates this chapter:
(1)
Failure to secure a zoning permit prior to any of the following: a change in use of land or structure, or the erection, construction or alteration of any structure or portion thereof, or the placement of a sign, or a change in the area of a use or the land coverage or setback of a use, or the excavation or grading of land to prepare for the erection, construction or alteration of any structure or portion thereof.
(2)
Placement of false statements on or omitting relevant information from an application for a zoning permit.
(3)
Undertaking any action in a manner which does not comply with a zoning permit.
(4)
Violation of any condition imposed by a decision of the Zoning Hearing Board in granting a variance or special exception or other approval.
(5)
Violation of any condition imposed by a decision of the Board of Supervisors in granting a conditional use or other approval.
(6)
Violation of any condition imposed by a decision of a court of competent jurisdiction, where such court has granted zoning approval with conditions.
B.
Enforcement Notice. If the Township has reason to believe that a violation of a provision of this chapter, as amended, has occurred, the Township shall initiate enforcement proceedings by sending an enforcement notice as provided in § 616.1 of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10616.1. Prior to sending an official enforcement notice, the Zoning Officer may at his/her option informally request compliance.
C.
Time Limits. An official enforcement notice shall state the deadline to complete bringing the property into compliance with this chapter, as amended, and shall state that the applicant has 30 days from the receipt of the notice to appeal to the Zoning Hearing Board.
D.
Enforcement, Penalties and Remedies. The causes of action and enforcement remedies provisions of the Pennsylvania Municipalities Planning Code, as amended, are hereby incorporated by reference. (Note: as of the adoption date of this chapter, such provisions were primarily in §§ 617 and 617.2 of such law, 53 P.S. §§ 10617, 10617.2.)
(1)
Violations and Penalties. Any person, partnership, corporation or other entity who has violated or permitted the violation of the provisions of this chapter, as amended, shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $500 plus all court costs, including the reasonable attorney's fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or be payable until the date of the determination of a violation by the magisterial district judge. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless a magisterial district judge determining that there has been a violation further determines that there was a good faith basis for the person violating this chapter, as amended, to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the 5th day following the date of the determination of a violation by the magisterial district judge, and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney's fees collected for the violation of this chapter, as amended, shall be paid over to the Township for the general use of the Township. Imprisonment is not authorized under this chapter.
(2)
Remedies. In case any building, structure, sign or landscaping is erected, constructed, reconstructed, altered, repaired, converted, maintained or used or any land is used or activity conducted in violation of this chapter, as amended, or any of the permits issued under this chapter, as amended, or any conditions imposed upon the grant of a special exception or variance by the Zoning Hearing Board or upon the grant of a conditional use, then, in addition to any other remedies provided by law, the Board of Supervisors may institute any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure, landscaping, use or activity or to prevent, in and about such premises, any act, conduct, business or use constituting a violation.
E.
Enforcement Evidence. In any appeal of an enforcement notice to the Zoning Hearing Board, the Township shall have the responsibility of presenting its evidence first.
§ 27-108 Fees.
[Ord. No. 199, 1/15/2025]
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.
§ 27-109 Amendments to This Chapter.
[Ord. No. 199, 1/15/2025]
1.
Within the requirements of the multi-municipal planning agreements with Chapman Borough and Lower Nazareth Township and of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., the Board of Supervisors may amend, or repeal any or all portions of this chapter, as amended, on: (A) its own motion; or (B) after agreeing to hear a written request of any person, entity, landowner, or the Planning Commission.
2.
The following shall be submitted by an applicant for amendment to this chapter, as amended, and/or Zoning Map, subject to supplement as requested by the Board of Supervisors, as it from time to time shall deem necessary:
A.
Statement of specific Zoning Ordinance amendment, including specific proposed Zoning Ordinance language, citing section and subsection.
B.
In the case of a Zoning Map amendment, a map showing the proposed boundaries of any proposed map changes, metes and bounds description, existing and adjacent zoning and adjacent land uses, copies of deeds and tax parcel numbers of properties subject to requested Zoning Map change.
C.
A statement of why the change would be in the best interests of the Township.
D.
A statement of how the proposal would relate to the Township Comprehensive Plan with specific reference to the Nazareth Area Multi-Municipal Comprehensive Plan detailing the provisions of the Comprehensive Plan applicable to the subject change or Zoning Map amendment.
E.
A statement addressing any adverse effects on adjacent land uses.
F.
A statement addressing any major traffic access or congestion concerns. It is noted that pursuant to this section of this chapter, the Planning Commission or the Board of Supervisors may require an applicant to fund a traffic impact study.
G.
A statement explaining proposed extensions and major improvements needed of public water and sewer systems to serve the land area.
H.
A sketch plan in compliance with the Township Subdivision and Land Development Ordinance, as amended, reflecting the applicant's proposed land development and/or subdivision reflecting proposed land uses in the case of a Zoning Ordinance or Zoning Map amendment.
I.
Applicant shall schedule a pre-submission conference with the Township Manager to review the application and supporting documentation.
§ 27-110 Curative Amendments.
[Ord. No. 199, 1/15/2025]
The applicable provisions of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., shall apply. (Note: as of the adoption date of this chapter, these provisions were primarily in §§ 609.1, 609.2 and 916.1 of such Act, 53 P.S. §§ 10609.1, 10609.2, 10916.1.)
§ 27-111 Zoning Officer.
[Ord. No. 199, 1/15/2025]
1.
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.
2.
Duties and Powers. The Zoning Officer's duties and powers shall include the following:
A.
Administer this chapter, as amended, 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.
B.
Conduct inspections to determine compliance and receive complaints of violation of this chapter.
C.
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.
D.
Review proposed subdivisions and land developments for compliance with this chapter.
E.
Take enforcement actions as provided by the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., as amended.
F.
Maintain available records concerning nonconformities, provided that the Township is not required to document every nonconformity.
G.
Serve such other functions as are provided in this chapter.
§ 27-112 Zoning Hearing Board Actions and Variances.
[Ord. No. 199, 1/15/2025]
1.
Membership of Board. The Zoning Hearing Board shall consist of three residents of the Township appointed by the Board of Supervisors. The existing terms of office shall continue, with terms of office being three years, and with the terms being so fixed that the term of office of one member shall expire each year. Members of the Board shall hold no other office in the Township.
A.
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, 53 P.S. § 10101 et seq. (Note: as of the adoption date of this chapter, such provisions were in § 903(b) of such Act, 53 P.S. § 10903(b).)
B.
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 their duties.
2.
Vacancies. Appointments to fill vacancies shall be only for the unexpired portion of a term.
3.
Organization. The applicable provisions of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., as amended, 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), (c).)
4.
Zoning Hearing Board Jurisdiction and Functions. The Zoning Hearing Board shall be responsible for the following:
A.
Appeal of a Decision by the Zoning Officer.
B.
Challenge to the Validity of the Ordinance or Map. The applicable provisions of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., as amended, shall apply. (Note: as of the adoption date of this chapter, these provisions were primarily in §§ 909.1 and 916 of such Act, 53 P.S. §§ 10909.1, 10916.)
C.
Variance.
(1)
The Board shall hear requests for variances filed with the Township staff in writing.
(2)
Standards. The Board may grant a variance only within the limitations of state law. (Note: as of the adoption date of this chapter, the Municipalities Planning Code, 53 P.S. § 10101 et seq., provided that all of the following findings must be made, where relevant:
(a)
There are unique physical circumstances or conditions (including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property) and that the unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of this chapter, as amended, 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, as amended, 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.
D.
Special Exception.
(1)
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 § 27-117.
(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.
E.
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, as amended, 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.
(2)
If the applicant is requesting a reasonable accommodation under the United States Fair Housing Amendments Act of 1988, or the Americans with Disabilities Act, 42 U.S.C.A. § 12101 et seq., the applicant shall identify the disability which is protected by such statutes, the extent of the modification of the provisions of this chapter, as amended, 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.
(3)
Any modification approved under this section may be limited to the time period during which the persons with disabilities occupy or utilize the premises.
F.
The Zoning Hearing Board shall also hear any other matters as set forth in the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., as amended. (Note: as of the adoption date of this chapter, such provisions were primarily within § 909.1 of such law, 53 P.S. § 10909.1.) The Zoning Hearing Board also may hear appeals of other matters if authorized under a separate Township ordinance. (Note: as of the adoption date of this chapter, the Zoning Hearing Board also heard appeals of the Property Maintenance Ordinance [Ordinance 54, as amended]).[2]
5.
Time Limits for Appeals. The applicable provisions of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., as amended, shall apply. (Note: as of the adoption date of this chapter, these provisions were in § 914.1 of such Act, 53 P.S. 10914.1.)
6.
Stay of Proceedings. The stay of proceedings provisions of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., as amended, shall apply. (Note: as of the adoption date of this chapter, such provisions were in § 915.1 of such Act, 53 P.S. § 10915.1.)
7.
Time Limits on Permits and Approvals.
A.
After a variance is approved or other zoning approval (such as special exception or conditional use 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.
(1)
However, if a variance is approved to address a violation of this chapter, then the permit shall be acquired and the work completed within six months after the variance is approved, with no further time extension.
B.
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.
C.
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, as amended, and all such approvals, variances and permits shall be deemed automatically rescinded by the Township.
8.
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.
§ 27-113 Zoning Hearing Board Hearings and Decisions.
[Ord. No. 199, 1/15/2025]
1.
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, 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. 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 Chairpersons of the Board of Supervisors and Planning Commission. The Township should also provide notice to the last known primary owners of record of property that is within a 200-foot radius of the subject site. 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 to the last known address.
B.
Initiation of Hearings. A hearing required under this chapter, as amended, 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.
C.
Decision/Findings.
(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, as amended, and/or the Pennsylvania Municipalities Planning Code, 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/her representative at their last known address not later than the time limit established by the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., as amended. (Note: as of the adoption date of this chapter, such provisions were within §§ 908(9) and 908(10) of such Act, including provisions regarding notice to other parties, 53 P.S. §§ 10908(9), 10908(10).)
E.
See also § 908 of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10908.
§ 27-114 Appeals to Court.
[Ord. No. 199, 1/15/2025]
The provisions for appeals to court that are stated in the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., as amended, shall apply. (Note: as of the adoption date of this chapter, these provisions were in §§ 1001-A, 1002-A, 1003-A, 1004-A, 1005-A and 1006-A of such Act, 53 P.S. §§ 11001-A, 11002-A, 11003-A, 11004-A, 11005-A, 11006-A.)
§ 27-115 Limited Public Utility Exemptions.
[Ord. No. 199, 1/15/2025]
See the provisions of the Pennsylvania Municipalities Planning Code, as amended. (Note: as of the adoption date of this chapter, such provisions were within § 619 of such Act.)
§ 27-116 Township and Municipal Authority Exemption.
[Ord. No. 199, 1/15/2025]
This chapter, as amended, 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.
§ 27-117 Special Exception Use Process.
[Ord. No. 199, 1/15/2025]
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.
A site plan shall be submitted, which shall contain the information required in § 27-104. 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.
B.
The Zoning Officer should provide a review to the Zoning Hearing Board regarding the compliance of the application with this chapter.
D.
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.
E.
Time Limits. See § 908 of the Pennsylvania Municipalities Planning Code.
3.
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:
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
Safety. The proposed use shall not create a significant hazard to the public health and safety, such as fire, toxic or explosive hazards.
G.
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.
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 are necessary to implement the purposes of this chapter. Conditions imposed by the Zoning Hearing Board shall automatically become conditions of the building permit issued pursuant thereto, and any failure to comply with said conditions shall be a violation of this chapter.
§ 27-118 Conditional Use Process.
[Ord. No. 199, 1/15/2025]
1.
Purpose. The conditional use approval process is designed to allow the Board of Supervisors to review and approve certain uses that could have significant impacts upon the community and the environment.
2.
Procedure. The Board of Supervisors shall consider the conditional use application and render its decision in accordance with the requirements of the Pennsylvania Municipalities Planning Code.
A.
Submittal. A site plan shall be submitted, which shall contain the information listed in § 27-104, and additional information as may be required by the Board of Supervisors. Detailed site engineering (such as stormwater calculations and profiles) is not required at the conditional use stage. If a fully engineered subdivision or land development plan will be required, it may be submitted separately, such as after a conditional use is approved, or, an applicant may voluntarily choose to submit a subdivision or land development plan for review at the same time as a conditional use application.
B.
Reviews.
(1)
The Zoning Officer should provide a review to the Board regarding the compliance of the application with this chapter.
(2)
The Township staff shall submit a conditional use application to the Planning Commission for any review that the Commission may wish to provide. However, the Board of Supervisors shall meet the time limits for a decision, regardless of whether the Planning Commission has provided comments.
(3)
The only uses that shall be approved as conditional uses shall be those listed as conditional uses in Part 3.
(4)
Time Limit. See § 913.2 of the Pennsylvania Municipalities Planning Code.
3.
Consideration of Conditional Use Application. The Board of Supervisors shall determine whether the proposed conditional use would meet the applicable requirements of this chapter.
A.
The Township Supervisors shall approve any proposed conditional use if they find adequate evidence that the proposed use will meet:
4.
Standard for Decisions. Each conditional or special exception use shall comply with all of the following standards:
A.
Other Laws. Not clearly in conflict with other Township Ordinances or state or federal laws or regulations known to the Township.
B.
Comprehensive Plan. Not significantly incompatible with the adopted Comprehensive Plan, as amended.
C.
Traffic. Will not result in or significantly create a substantial traffic hazard or significant traffic congestion based upon the results of analyses as required by the Township.
D.
Safety. Will not create a public safety hazard, including fire, toxic or explosive hazards.
E.
Storm Water Management. Will follow adequate and professionally accepted engineering methods to manage storm water. This 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 storm water management by the Board of Supervisors under another Township Ordinance.
F.
Neighborhood. Will not negatively affect the desirable character of an existing residential neighborhood.
G.
Design. Will involve adequate site design methods, including screening, setbacks and traffic control, to avoid significant negative influences on adjacent uses; line of sight profiles shall be provided for any use which abuts a residential property.
H.
Performance Standards. Will not have a serious threat of future inability to comply with the performance standards of this chapter.
5.
Conditions. In granting a conditional use, the Board of Supervisors may require such reasonable conditions and safeguards (in addition to those expressed in this chapter) as it determines is necessary to implement the purposes of this chapter. In approving conditional use applications, the Board of Supervisors may attach conditions they consider necessary to protect the public welfare and meet the standards of this chapter. These conditions shall be enforceable by the Zoning Officer and failure to comply with such conditions shall constitute a violation of this chapter, as amended, and be subject to the penalties described in this chapter.
§ 27-119 Liability.
[Ord. No. 199, 1/15/2025]
1.
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, as amended, 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.
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.
§ 27-120 Plot/Grading Plan Requirement.
[Ord. No. 199, 1/15/2025]
1.
Prior to the issuance of a building permit or commencement of use for a nonresidential principal structure or addition of a nonresidential principal use, the applicant shall submit to the Zoning Officer for review and approval four copies of a final plot, grading and erosion and sedimentation control plan drawn at a scale of one inch equals 20 feet. The plan shall contain the information listed below along with any other appropriate data.
A.
A grading plan to divert surface runoff away from principal buildings, driveways, walkways, in-ground pools, professionally installed above-ground pools, and on-lot sewage disposal systems without directing increased runoff onto sensitive neighboring parcels. In the case where basic grading provisions have been defined during site plan or subdivision plan approval, the lot specific grading plan shall conform to said basic grading provisions insofar as practicable.
B.
A required plot/grading plan shall include the following information, unless the Zoning Officer determines in advance that such information is not relevant:
(1)
All lot lines defined by bearings and distances or curve data.
(2)
Existing and proposed contour elevation lines at maximum intervals of two feet.
(3)
Spot elevations for the first-floor level of any structure, adjacent to any door, window opening to grade or Bilco-style basement door, primary and secondary on-lot sewage disposal systems, finished street elevations at point of entry. Finish drive elevations at point of intersection of center lines, intersection with gutters and a maximum of 50 feet intervals (and any other area as deemed necessary by the Township Engineer).
(4)
Benchmark.
(5)
North reference, easements, and rights-of-way within or adjacent to the subject property.
(6)
Location, size, and elevations of all existing or proposed storm drainage structures or swales within or adjacent to the subject property.
(7)
Lot numbers of all adjoining lots and names of adjoining street(s).
(8)
Locations of all percolation test holes, soil probes and wells, and the location and dimension of primary and secondary on-lot sewage disposal systems with isolation distances.
(9)
The exact location and dimensions of any proposed structure, appurtenant structure, road, or driveway, with tie-in dimensions to lot lines.
(10)
Building footprint with all wall dimensions necessary to lay out the shape of the building. Street cartway and right-of-way lines shall be shown and dimensioned. For corner lots, a dimension shall be given from the center line of the proposed driveway to the center line of the parallel street and the clear sight triangle easement shall be shown.
(11)
Location, size and detailed calculations of dry wells, leach areas or other stormwater control measures.
(12)
Erosion and sedimentation control measures and sequence of operations.
(13)
Engineer's or surveyor's seal.
(14)
Provide existing and proposed impervious cover calculations for all existing and proposed structures, driveway, sidewalks, patios and all other impervious surfaces.
(15)
No permanent structures shall be placed within the property line setbacks. This includes, but is not limited to, sheds, patios, concrete pool decks, and pool equipment pads.
C.
Any type of basement pump or foundation drainage system shall be noted on the plan. Any such system shall be designed to drain in a way that avoids erosion of shoulders of roads, prevents increased drainage onto public roads and avoids drainage problems for neighboring properties. Four copies of any calculations, designs and methods for handling any such discharged water shall be submitted with the plot and lot grading plan.
D.
Any application for an accessory structure or use shall include the applicable information on Township application forms, unless determined by the Zoning Officer to be unnecessary to determine compliance with this chapter.
E.
In addition to the information listed 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, traffic (including description of any traffic by large trucks), 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 100 feet of a dwelling, a description of hours of operation.
(4)
A listing of any sections of this chapter, as amended, being appealed, with the reasons for any appeal.
F.
The Zoning Officer may delay the issuance of a permit under this chapter, as amended, if he/she has reason to believe that such a use would violate another Township, state or federal law or regulation until such compliance is proven by the applicant.
G.
No person other than a landowner or their agent (with specific written authorization) or a tenant or lessee with written permission of the landowner shall submit a zoning application.
H.
The Zoning Officer may submit a copy of any plan and application to any appropriate agencies and/or individuals (such as the Planning Commission, the County Conservation District, utilities, or Township Engineer) for review and comment, with costs of such review being paid by the applicant.