Walnutport City Zoning Code
ARTICLE II
Administration
§ 450-4 Applicability.
This chapter shall apply throughout the Borough of Walnutport. Any activity regulated by this chapter shall only occur in such a way that conforms with the regulations of this chapter. See § 450-6A.
§ 450-5 Purposes and community development objectives.
This chapter is hereby adopted in accordance with the following purposes, which shall serve as community development objectives, in addition the purposes provided for each district in § 450-25:
B.
The goals and objectives of the Walnutport Comprehensive Plan; and
C.
The following additional objectives:
(1)
Support the goals established in the Comprehensive Plan for the Lehigh Valley.
(2)
Promote innovative residential design that encourages the creation of a sense of community for undeveloped parcels.
(3)
Provide diverse housing opportunities, including housing that is affordable.
(4)
Encourage adaptive reuse and compatible development.
(5)
Protect sensitive and important natural features from indiscriminate development.
(6)
Stimulate economic development and revitalization by attracting commercial uses (such as retail, service and specialty stores) to appropriate areas.
(7)
Provide opportunities for home occupations of limited intensity.
(8)
Promote the preservation of historic resources.
(9)
Coordinate future land and roadway functions to maximize safe and efficient use of major roads.
(10)
Coordinate road improvements with planned roadway functions, design standards and planned land uses.
(11)
Assure that future development provides for access designs and planned locations that minimize traffic congestion and safety problems. Encourage needed improvements to be completed by developers.
(12)
Promote alternative means of transportation, such as pedestrian movement, bicycles, public transit and carpooling.
(13)
Seek to minimize the need for zoning variances for routine improvements.
§ 450-6 Permits and certificates.
A.
Applicability.
(1)
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, alteration, razing, demolition, removal, 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;
(c)
Creation of a lot or alteration of lot lines; and/or
(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 Borough staff.
(a)
A zoning permit is required to be issued prior to the start of any of the following activities:
(b)
The Borough may, at its option, issue combined or separate building permits and zoning permits and/or may utilize a single or separate applications for the permits.
(c)
The only determinations by the Zoning Officer that shall be official shall be a written determination after the Zoning Officer receives a duly submitted written official application.
(d)
Other laws. The Zoning Officer may deny a zoning permit application if he/she has reason to believe that such a use or improvement would violate another Borough, state, federal law or regulation until such compliance is proven by the applicant.
(e)
Expiration of zoning permit. After issuing a zoning permit by the Zoning Officer, no changes of any kind shall be made to the application, permit, plans, specifications or other documents submitted with the applications without the written consent or approval of the Zoning Officer. A zoning permit shall be good for one year. In the event that work as authorized in the zoning permit has not been completed within one year after the date of issuance, all work shall cease until the applicant obtains a time extension from the Zoning Officer. The applicant may be granted a time extension for a period of six months by the Zoning Officer. The Zoning Officer may deny subsequent time extensions, unless the applicant can show just cause as to why the work has not been completed.
(f)
In the case that work contemplated or approved by a zoning permit is not completed within the time allotted by Subsection A(2)(e) of this section, the Borough of Walnutport shall be entitled to seek any and all remedies as set forth in § 450-10, Enforcement; violations and penalties, of this chapter, to remedy the failure to complete said construction within the time period granted by Subsection A(2)(e).
[Added 3-12-2009 by Ord. No. 2009-04]
(3)
Certificate of use and occupancy.
(a)
It shall be unlawful to use and/or occupy any structure, sign, land area or portion thereof for which a zoning permit is required until a certificate of use and occupancy for such activity has been issued by the Borough Staff.
(b)
The Borough Staff may permit the zoning permit application to serve as the application for the certificate of use and occupancy.
(c)
The certificate of use and occupancy shall only be issued by the Zoning Officer if the Zoning Officer determines that the activity complies with this chapter, to the best knowledge of the Zoning Officer. The Borough may also withhold issuance of the certificate until there is compliance with other Borough ordinances.
(d)
The applicant shall keep a copy of the certificate of use and occupancy available for inspection.
(e)
Upon the request of an applicant, the Zoning Officer may issue a temporary certificate of use and occupancy. Such temporary certificate may permit an activity to occur in all or part of a structure before the entire work covered by the permit has been completed.
[1]
However, such temporary certificate shall only be issued if the applicant proves to the Zoning Officer that the activity or occupancy can occur safely without endangering public health or safety.
[2]
The temporary certificate 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 and occupancy within such time period shall be a violation of this chapter.
[4]
The temporary certificate may be conditioned upon compliance with certain specific requirements within certain time periods.
B.
Types of uses.
(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.
C.
Applications.
(1)
Submittal. All applications for a zoning permit or a decision by the Zoning Hearing Board or Borough Council shall be made in writing on a form provided by the Borough. Such completed application, with required fees, shall be submitted to a designated Borough staffperson.
(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 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;
(c)
Locations of any watercourses and any one-hundred-year floodplain;
(d)
Proposed lot areas, lot widths and other applicable dimensional requirements;
(e)
Locations and widths of existing and proposed sidewalks.
(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)
A description of the proposed use of the property;
(d)
All other applicable information listed on the official Borough application form; and
(e)
Such additional information that the Zoning Officer may determine is reasonably necessary to determine compliance with this chapter.
(4)
Submittals to the Board. In addition to the information listed in Subsection C(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;
[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 "drugstore" 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 site plan by the applicant; and
(i)
Such additional information required under applicable sections of this chapter.
D.
Issuance of permits.
(1)
At least one copy of each permit application and any other zoning approval shall be retained in Borough files.
(2)
PennDOT permit. Where necessary for access onto a state road, a Borough zoning or building permit shall be automatically conditioned upon issuance of a PennDOT Highway Occupancy Permit.
E.
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 this 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 Pennsylvania Criminal Code provides for penalties for providing false information to a municipal employee in the carrying out of his/her duties.)
(b)
Upon violation of any condition lawfully imposed 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. 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 Sections 914.1 and 1002-A.[1])
[1]
Editor's Note: See 53 P.S. §§ 10914.1 and 11002-A, respectively.
F.
Zoning permit for temporary uses and structures.
(1)
A zoning permit for a temporary use or structure may be issued by the Zoning Officer for any of the following:
(a)
Customary, routine and accessory short-term special events, provided that 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;
(b)
Temporary storage and office trailers that are necessary to serve on-site construction, while such construction is actively underway;
(c)
Such other activities that the applicant proves are routine, customary and temporary.
(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 six-month maximum period shall apply. A temporary permit may be renewed for just cause.
G.
Compliance with Chapter 395, Subdivision and Land Development.If an application under this chapter would also be regulated by Chapter 395, Subdivision and Land Development, then any permit or approval under this chapter shall automatically be conditioned upon compliance with Chapter 395, Subdivision and Land Development. See the definitions of "land development" and "subdivision" in Chapter 395, Subdivision and Land Development.
(1)
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.
§ 450-7 General procedure for permits.
B.
After the permit under this chapter has been issued, the applicant may undertake the action specified by the permit, in compliance with other Borough ordinances. However, it is recommended that applicants wait 30 days to begin construction if there is a possibility of an appeal by another party to have the permit revoked. Any commencement of construction or a use within this thirty-day appeal period shall be at the risk of the applicant.
§ 450-8 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 Borough ordinance.
B.
Uses not specifically regulated. If a use clearly is not permitted by right, or as a special exception use or as a conditional 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 less intensive in 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 § 450-64F;
(3)
The use would meet the standards that would apply under § 450-20C to a special exception use; and
(4)
The use is not specifically prohibited in that district.
C.
Interpretation of ordinance text and boundaries.
(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 Borough Solicitor or the Zoning Hearing Board Solicitor to aid in the Zoning Officer's determination.
§ 450-9 Notice.
[Added 11-14-2013 by Ord. No. 2013-06[1]]
Notice. In any case in which mailed notice or electronic notice is required by this chapter, the following shall apply:
A.
An owner of a tract or parcel of land located within a municipality, or an owner of the mineral rights in a tract or parcel of land within a municipality, may request that the municipality provide written or electronic notice of a public hearing which may affect such tract or parcel of land.
B.
Mailed notice shall be required only if an owner of a tract or parcel of land located within a municipality, or an owner of the mineral rights in a tract or parcel of land within the municipality, has made a written request that the notice be mailed and has supplied the municipality with a stamped, self-addressed envelope prior to a public hearing.
C.
Electronic notice shall be required only if an owner of a tract or parcel of land located within a municipality, or an owner of the mineral rights in a tract or parcel of land within the municipality, has made a written request that notice be sent electronically and has supplied the municipality with an electronic address prior to a public hearing and only if that municipality maintains the capability of generating an electronic notice. An owner of a tract or parcel of land located within a municipality, or an owner of the mineral rights in a tract or parcel of land within the municipality, making the request and supplying an electronic address may at any time notify the municipality that the owner of the tract or parcel of land located within the municipality, or the owner of the mineral rights in the tract or parcel of land within the municipality, no longer will accept electronic notice, and in that event the municipality may no longer provide electronic notice.
D.
An owner of a tract or parcel of land located within a municipality, or an owner of the mineral rights in a tract or parcel of land within the municipality, who has requested a mailed notice shall be solely responsible for the number, accuracy and sufficiency of the envelopes supplied. The municipality shall not be responsible or liable if the owner of a tract or parcel of land located within a municipality, or an owner of the mineral rights in a tract or parcel of land within the municipality, does not provide to the municipality notice of any changes in the owner's mailing address.
E.
An owner of a tract or parcel of land located within a municipality, or an owner of the mineral rights in a tract or parcel of land within the municipality, who has requested electronic notice shall be solely responsible for the accuracy and functioning of the electronic address provided to the municipality. The municipality shall not be responsible or liable if the owner of a tract or parcel of land located within the municipality, or an owner of the mineral rights in a tract or parcel of land within a municipality, does not provide to the municipality notice of any changes to the owner's electronic address.
F.
A municipality shall deposit a mailed notice in the United States Mail or provide electronic notice not more than 30 and not less than seven days prior to the scheduled date of the hearing as shown on the notice.
G.
For each public hearing, the municipal secretary or Zoning Officer shall prepare, sign and maintain a list of all mailed notices, mailing dates, electronic notices and electronic notice dates. The signed list shall constitute a presumption that the notice was given.
H.
The mailed notice shall be deemed received by an owner of a tract or parcel of land located within a municipality, or an owner of the mineral rights in a tract or parcel of land within the municipality on the date deposited in the United States Mail.
I.
The electronic notice shall be deemed received by the owner of a tract or parcel of land within a municipality, or an owner of the mineral rights in a tract or parcel of land within the municipality, on the date the municipality electronically notifies the owner.
J.
Failure of an owner of a tract or parcel of land located within a municipality, or an owner of the mineral rights in a tract or parcel of land within the municipality, to receive a request mailed notice or electronic notice shall not be deemed to invalidate any action or proceedings under this chapter.
§ 450-10 Enforcement; violations and penalties.
All of the enforcement, violations and penalty provisions of the State Municipalities Planning Code, as amended, are hereby incorporated into this chapter by reference. (Note: As of the adoption date of this chapter, these provisions were primarily in Sections 616.1, 617 and 617.2 of such Act.[1])
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 a change in use of land or structure, or the erection, construction or alteration of any structure or portion thereof, or the excavation 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 Borough Council in granting a conditional use.
B.
Causes of action; enforcement; remedies.
(1)
Enforcement. If it appears to the Borough that a violation of this chapter has occurred, the Borough shall initiate enforcement proceedings by sending an enforcement notice. Prior to sending an official enforcement notice, the Zoning Officer may at his/her option informally request compliance.
(2)
Enforcement notice. The enforcement notice shall be sent to the owner of record of the parcel on which the violation has occurred, to any person who has filed a written request to receive enforcement notices regarding that parcel, and to any other person requested in writing by the owner of record. Notice shall be sent by mailed notice unless electronic notice is requested by the record owner of the parcel on which the violation occurred and to any other person who has requested to receive electronic notice for this parcel. In that event electronic notice shall be sent pursuant to the requirements of § 450-9. An enforcement notice shall state the following, at a minimum:
[Amended 11-14-2013 by Ord. No. 2013-06]
(a)
The name of the owner of record and any other person against whom the municipality intends to take action.
(b)
The location of the property in violation.
(c)
The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of this chapter.
(d)
The date before which the steps for compliance must be commenced and the date before which the steps must be completed.
(e)
That the recipient of the notice has the right to appeal to the Zoning Hearing Board within a prescribed period of time in accordance with procedures set forth in this chapter.
(f)
That failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation, with possible sanctions clearly described.
(3)
Evidence; fees. In any appeal of an enforcement notice to the Zoning Hearing Board, the Borough shall have the responsibility of presenting its evidence first. Any filing fees paid by a party to appeal an enforcement notice to the Zoning Hearing Board shall be returned to the appealing party by the Borough if the Zoning Hearing Board, or any court in a subsequent appeal, rules in the appealing party's favor.
(4)
Causes of action. In case any building, structure, landscaping or land is, or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained or used in violation of any ordinance enacted under this chapter or prior enabling laws, the governing body or, with the approval of the governing body, an officer of the municipality, or any aggrieved owner or tenant of real property who shows that his property or person will be substantially affected by the alleged violation, in addition to other remedies, may institute any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure, landscaping or land, or to prevent, in or about such premises, any act, conduct, business or use constituting a violation. When any such action is instituted by a landowner or tenant, notice of that action shall be served upon the municipality at least 30 days prior to the time the action is begun by serving a copy of the complaint on the governing body of the municipality. No such action may be maintained until such notice has been given.
[Amended 11-14-2013 by Ord. No. 2013-06]
(5)
Violations and penalties. Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Borough, pay a judgment of not more than $500 plus all court costs, including the reasonable attorney's fees incurred by the Borough 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 Borough 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, partnership or corporation violating this chapter to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the 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 shall be paid over to the Borough. Imprisonment shall not be authorized by this chapter.
[1]
Editor's Note: See 53 P.S. §§ 10616.1, 10617, and 10617.2, respectively.
§ 450-11 Fees.
A Borough fee schedule for permits and applications may be established and amended by written resolution of Borough Council. No application or appeal shall be considered filed until all fees are paid.
§ 450-12 Amendments to this chapter.
§ 450-13 Curative amendments.
A landowner or Borough Council may utilize the "curative amendment" provisions of the Pennsylvania Municipalities Planning Code. (Note: As of the adoption date of this chapter, these provisions were in Sections 609.1, 609.2 and 916.1 of such Act[1].)
[1]
Editor's Note: See 53 P.S. §§ 10609.1, 10609.2 and 10916.1, respectively.
§ 450-14 Zoning Officer.
A.
Appointment. The Zoning Officer shall be appointed by Borough Council. The Borough Manager may designate other persons to serve as Assistant Zoning Officer(s). Such designations shall be subject to concurrence by Borough Council. 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 Borough, but may hold other appointed offices.
B.
Duties and powers. The Zoning Officer's duties and powers shall include the following:
(1)
Administer this 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 Board, and of enforcement orders, with all such records being the property of the Borough and being available for public inspection;
(4)
Review proposed subdivisions and land developments for compliance with this chapter; and
(5)
Take enforcement actions as provided by the Pennsylvania Municipalities Planning Code, as amended.
§ 450-15 Zoning Hearing Board actions and variances.
A.
Membership of Board. The Zoning Hearing Board shall consist of three residents of the Borough appointed by Borough Council. 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 Borough.
(1)
Alternate members. Borough Council may appoint alternate members of the Zoning Hearing Board within the applicable provisions of the State Municipalities Planning Code. (Note: As of the adoption date of this chapter, such provisions were in Section 903(b) of such Act.[1])
[1]
Editor's Note: See 53 P.S. § 10903(b).
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, shall apply. (As of the adoption date of this chapter, these provisions were in Sections 906(a), (b) and (c) of such Act.[2]).
[2]
Editor's Note: See 53 P.S. §§ 10906(a), 10906(b) and 10906(c), respectively.
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.
(2)
Challenge to the validity of the ordinance or map. The applicable provisions of the State Municipalities Planning Code, as amended, shall apply. (Note: As of the adoption date of this chapter, these provisions were primarily in Sections 909.1 and 916 of such Act.[3])
[3]
Editor's Note: See 53 P.S. §§ 10909.1 and 10916, respectively.
(3)
Variance.
(a)
The Board shall hear requests for variances filed with the Borough Staff in writing.
(b)
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 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 this 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 Borough Staff in writing. The Board shall only permit a special exception that is authorized by this chapter. See § 450-20.
(b)
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.
(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 if the applicant proves to the satisfaction of the Zoning Hearing Board that such modifications are necessary to provide a "reasonable accommodation" under applicable federal law 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, 42 U.S.C. § 3601 et seq., or the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., and the federal regulations adopted pursuant to such statutes, as amended, and/or the accompanying regulations of the Pennsylvania Human Relations Commission.
(b)
If the applicant is requesting a reasonable accommodation under such laws and regulations for persons with disabilities, 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 with a protected disability no longer will be present on the property.
G.
Time limits on permits and approvals.
(1)
Unless otherwise provided by the Zoning Hearing Board or Borough Council in a decision granting approval, after a variance is approved or other zoning 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 such permits shall then be completed within 12 months after the issuance of the permits.
(2)
Extension. Unless otherwise provided by the Zoning Hearing Board or Borough Council in a decision granting approval, 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 36 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 may conclusively presume that the applicant has waived, withdrawn or abandoned approvals and permits under this chapter and may consider all such approvals and permits to have become null and void.
§ 450-16 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:
(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 Borough 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 Borough shall provide written notice to the applicant of the time and place of the hearing. The Borough should also provide notice to the President of Borough Council. In addition, the Borough should provide notice to the last known principal owner of record of each property that is immediately adjacent to or immediately across a street from the subject property; however, failure to provide such notice shall not be grounds for an appeal. 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 shall be sent by mailed notice unless requested by the applicant to be by electronic notice. If electronic notice is requested, it shall be sent pursuant to § 450-9.
[Amended 11-14-2013 by Ord. No. 2013-06]
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.
C.
Decision/findings.
(2)
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.
(3)
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.
(4)
References shall be provided to the most pertinent section(s) of this chapter and/or the Pennsylvania Municipalities Planning Code.
D.
Notice of decision. A copy of the final decision shall be personally delivered or mailed to the applicant or his/her representative or their last known address not later than the time limit established by the Pennsylvania Municipalities Planning Code, as amended. (Note: As of the adoption date of this chapter, such provisions were within Sections 908(9) and 908(10) of such Act, including provisions regarding notice to other parties.[3])
[3]
Editor's Note: See 53 P.S. §§ 10908(9) and 10908(10), respectively.
§ 450-17 Appeals to court.
The provisions for appeals to court that are stated in the Pennsylvania Municipalities Planning Code, as amended, shall apply. (Note: As of the adoption date of this chapter, these provisions were in Sections 1001-A, 1002-A, 1003-A, 1004-A, 1005-A and 1006-A of such Act.[1])
[1]
Editor's Note: See 53 P.S. §§ 11001-A, 11002-A, 11003-A, 11004-A, 11005-A and 11006-A, respectively.
§ 450-18 Limited public utility exemptions.
§ 450-19 Limited Borough and municipal authority exemption.
The minimum lot area, minimum lot width and minimum street frontage requirements of this chapter shall not apply to uses or structures owned by Walnutport Borough or by a municipal authority created solely by Walnutport Borough for uses and structures that are intended for a valid public purpose.
§ 450-20 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.
C.
Consideration of special exception applications. When special exception uses are provided for in this chapter, the Zoning Hearing Board shall hear and decide requests for such uses in accordance with stated standards and criteria for the use and the following standards. The burden of proof shall rest with the applicant.
(1)
Compliance with this chapter. The applicant shall establish by credible evidence compliance with all requirements upon the use that are established by this chapter. The applicant shall provide the Zoning Hearing Board with sufficient plans, studies or other data to demonstrate compliance with all applicable regulations.
(2)
Compliance with other requirements. Will not clearly be in conflict with other Borough ordinances or state or federal laws or regulations known to the Zoning Hearing Board. The Board may condition zoning approval upon future proof of compliance with another ordinance, law or regulation.
(3)
Transportation. The traffic generated by the subject of the application shall be accommodated in a safe and efficient manner, after considering any improvements that the applicant commits to complete or fund. The applicant shall show that the use will not result in or substantially add to a significant traffic hazard, significant traffic congestion or a significant pedestrian safety hazard.
(4)
Neighborhood. The proposed use shall not significantly negatively impact upon the desirable character of an adjacent established residential neighborhood, such as causing substantial amounts of heavy truck traffic to travel through a residential neighborhood, or a significant odor or noise nuisance or very late night/early morning hours of operation, without proper safeguards.
(5)
Site planning. The applicant shall establish by credible evidence that the proposed use will be properly designed with regard to internal circulation, driveway access, site layout, parking layout, buffering, and all other elements of proper site design.
(6)
Safety. The applicant shall establish by credible evidence that the proposed use will not create a significant hazard to the public health and safety, such as fire, toxic or explosive hazards.
(7)
Historic impact. The application shall not severely negatively impact upon historically significant buildings on the same lot, as viewed from a street.
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 chapter.
§ 450-21 Conditional use process.
A.
Purpose. The conditional use approval process is designed to allow the Borough Council to review and approve certain uses that could have significant impacts upon the community and the environment.
B.
Procedure. The Borough Council shall consider the conditional use application and render its decision in accordance with the requirements of the Pennsylvania Municipalities Planning Code.
(1)
Submittal. A site plan shall be submitted, which shall contain the information listed in § 450-6C. Detailed site engineering (such as stormwater calculations and profiles) are 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.
(2)
Reviews.
(a)
The Zoning Officer should provide a review to the Borough Council regarding the compliance of the application with this chapter.
(b)
The Borough Staff shall submit a conditional use application to the Planning Commission for any review that the Commission may wish to provide. However, the Borough Council shall meet the time limits for a decision, regardless of whether the Planning Commission has provided comments.
C.
Consideration of conditional use application. The Borough Council shall determine whether the proposed conditional use would meet the applicable requirements of this chapter. The same standards shall apply to a conditional use as are listed in § 450-20C for a special exception use.
D.
Conditions. In approving conditional use applications, the Borough Council 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 and be subject to the penalties described in this chapter.
§ 450-22 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 Borough shall not constitute a representation, guarantee or warranty of any kind by the Borough, 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 Borough shall not be liable for any later lawful withdrawal of such permit.