Williams Township City Zoning Code
PART 1
GENERAL PROVISIONS AND ADMINISTRATION
§ 27-100 Short Title.
[Ord. No. 2020-01, 1/6/2020]
This chapter (without any amendments) shall be known and may be cited as the "Williams Township Zoning Ordinance of 2019."
§ 27-101 Purpose and Objectives.
[Ord. No. 2020-01, 1/6/2020]
A.
This chapter is hereby adopted in accordance with:
(1)
The requirements of the Pennsylvania Municipalities Planning Code, as amended;
(2)
The objectives and overall goals of the Williams Township Comprehensive Plan of 2018 (as may be amended); and
(3)
With consideration for the character of the Township, its various geographic regions and features and their suitability for particular uses and structures.
B.
This chapter is also designed:
(1)
To promote, protect and facilitate one or more of the following: the public health, safety, general welfare, coordinated and practical community development, proper density of population, civil defense, disaster evacuation, airports and national defense facilities, the provisions of adequate light and air, police protection, vehicle parking and loading space, transportation, water, sewage, schools, public grounds, parks, recreational land, open space, buffers, and other public requirements;
(2)
To prevent one or more of the following: overcrowding of land, blight, danger and congestion in travel and transportation, loss of health, life or property from fire, flood, panic, or other dangers;
(3)
To preserve agricultural land and to protect environmentally sensitive areas and historic features considering topography, soil type and classification and present use;
(4)
To provide for the use of land within the Township for residential housing of various dwelling types encompassing all basic forms of housing, including single-family and two-family dwellings, and a reasonable range of multifamily dwellings in various arrangements, mobile homes and mobile home parks;
(5)
To accommodate reasonable overall community growth, including population and employment growth, and opportunities for development of a variety of residential dwelling types and nonresidential uses; and
(6)
To assist in carrying out the goals and intent of the Constitution of the Commonwealth of Pennsylvania (especially Article I, Section 27), the Pennsylvania Flood Plain Management Act, Pennsylvania Storm Water Management Act, Pennsylvania Department of Environmental Resources regulations on erosion and sedimentation control, Pennsylvania Department of Transportation regulations on highway access control, and other relevant federal and state laws, regulations, official policies, and relevant court decisions.
§ 27-102 Application.
[Ord. No. 2020-01, 1/6/2020]
A.
Obtaining and complying with the latest amendments of this chapter is the responsibility of the applicants, the owners and users of land, buildings, and structures within the Township, and neither the Township, the Zoning Officer, nor any other Township official.
B.
No building, structure, or land, or any portion thereof, shall be used, subdivided, occupied, erected, moved, enlarged or structurally altered unless in conformity with the regulations of this chapter.
C.
This chapter regulates:
(1)
Uses of land, watercourses, and other bodies of water;
(2)
Location, height, bulk and size of buildings, and other structures;
(3)
The relation of such buildings or structures to roads and highways, their intersections and interchanges, to steep slopes and natural bodies of water, to public buildings and public grounds, to airports and heliports, and to floodplains;
(4)
Areas and dimensions of land and bodies of water to be occupied by uses and structures; the percentage of a lot that may be occupied, the size and use of yards, buffer yards, and other open spaces;
(5)
Density and distribution of population and intensity of use;
(6)
Location of storm drainage facilities and structures and other site improvements;
(7)
Uses of land, buildings and structures for residents, commerce, industry and other purposes; and
(8)
Protection and preservation of natural and historic resources and prime agricultural land and activities.
§ 27-103 Public Utility Exemptions.
[Ord. No. 2020-01, 1/6/2020]
Public utility exemptions shall be consistent with Section 619 of the Municipalities Planning Code.
§ 27-104 Township and Municipal Authority Exemption.
[Ord. No. 2020-01, 1/6/2020]
The requirements of this chapter shall not apply to uses, buildings, or structures owned or operated by Williams Township or by municipal authorities created and controlled Solely by Williams Township.
§ 27-105 Interpretation.
[Ord. No. 2020-01, 1/6/2020]
A.
Minimum Requirements. The provisions of this chapter shall be interpreted as the minimum requirements for the promotion of the public health, safety and general welfare. Where a provision of this chapter differs or conflicts with any other provision of this chapter or a provision of any other ordinance or regulation or law, the more restrictive regulation upon uses, buildings and structures shall apply.
B.
Uses Not Specifically Listed. Any use that is not specifically listed in this chapter as permitted by either right, special exception, or conditional use in one or more zoning districts shall be permitted in the GI District as a special exception, subject to the following requirements:
C.
Sketches. Sketches in this chapter are for illustrative purposes only and are not regulatory.
D.
Interpretation of Text and Boundaries. The Zoning Officer shall interpret and apply the wording of this chapter and the location of all zoning district boundaries for particular applications, requests for interpretation, and enforcement actions. The Zoning Officer may request an advisory opinion from the Solicitor.
E.
Definitions. Words not specifically defined by this chapter shall be clarified through acceptance by the Zoning Hearing Board of definitions in standard reference dictionaries, recognized legal references, and courts of the commonwealth.
§ 27-106 Severability.
[Ord. No. 2020-01, 1/6/2020]
It is hereby declared to be the legislative intent of the Board of Supervisors that:
A.
If a court of competent jurisdiction declares any provision of this chapter to be invalid or ineffective in whole or in part, then the effect of such decision shall be limited to those specific provisions which are expressly stated in the decision to be invalid or ineffective, and all other provisions of this chapter shall continue to be separately and fully valid and effective.
B.
This chapter and each section or part thereof would have been enacted irrespective that any one or more sections or parts thereof be declared invalid.
§ 27-107 Repealer.
[Ord. No. 2020-01, 1/6/2020]
All other Township ordinances or resolutions or parts thereof that were adopted prior to this chapter and which are in conflict with this chapter are hereby repealed, including the preexisting Williams Township Zoning Ordinance, as amended, but not including the repeal of any other ordinances or amendments that were specifically referenced by the preexisting Williams Township Zoning Ordinance.
§ 27-108 General Procedure for Permits.
[Ord. No. 2020-01, 1/6/2020]
A.
Persons desiring to undertake activities or uses regulated by this chapter shall apply to the Township Zoning Officer for a permit under this chapter by:
(1)
Completing the appropriate application form;
(2)
Submitting the required fee; and
(3)
Submitting any additional required information (such as a site plan). If applicant fails to comply with any/or all of the above mentioned requirements, then the Zoning Officer shall reject the application as incomplete and shall not consider the application request further until a completed application is received.
C.
The Zoning Officer's written decision on the application, either issuance or denial of the permit, shall be made within 30 days of receiving a complete application pursuant to § 27-108A.
D.
If denied a permit by the Zoning Officer, or if aggrieved by a permit as issued or any term or condition thereof, the applicant may appeal to the Zoning Hearing Board.
E.
After permit has been issued by the Zoning Officer, the applicant may commence as authorized by the permit. Any commencement of approved activities or uses before the expiration of the appeal period shall be at the sole risk of the applicant.
§ 27-109 Permits and Certificates.
[Ord. No. 2020-01, 1/6/2020; Ord. No. 2022-8, 11/9/2022; Ord. No. 2024-1, 2/14/2024; Ord. No. 2024-7, 10/9/2024]
A.
Permits and Applicability.
(1)
Scope. A written application to the Township under this chapter and the issuance of all required permits shall be required prior to the commencement of any of the activities or uses that are subject to this chapter, each of which shall only occur in compliance with this chapter:
(a)
Erection, construction, placement, or extension of a building, structure or sign;
(b)
Change of or expansion of a use, a building, a structure, and/or an area of land;
(c)
Creation of or alteration of the configuration of a lot; and/or
(d)
All items and activities listed under the current version of the Williams Township Fee Schedule.
(2)
Ordinary repairs and maintenance to existing buildings and structures that do not encroach upon a required setback may be made without a permit under this chapter, provided that such work does not involve a change in use, an expansion, construction, or placement of a building or structure, and does not involve any other new activity or use regulated by this chapter.
(3)
Types of Uses.
(a)
Permitted by Right. A permit under this chapter shall be issued by the Zoning Officer in response to an application for a building, structure and/or use that is permitted by right, provided that said application complies with all of the requirements of this chapter and other applicable Township ordinances.
(b)
Special Exception. A permit under this chapter for any proposed structure, building and/or use requiring a special exception approval shall be issued by the Zoning Officer only upon and in accordance with the written decision of the Zoning Hearing Board approving and granting the special exception for the proposed structure, building and/or use.
(c)
Variance. A permit under this chapter for any proposed structure, building and/or use requiring a variance approval shall be issued by the Zoning Officer only upon and in accordance with the written decision of the Zoning Hearing Board approving and granting the variance for the proposed structure, building and/or use.
(d)
Conditional Use. A permit under this chapter for a conditional use approval shall be issued by the Zoning Officer only upon the written decision of the Board of Supervisors approving and granting the conditional use following a review by the Planning Commission.
(4)
Application.
(a)
Any request for either a permit under this chapter, or a decision, interpretation, or variance to the Zoning Hearing Board or shall be made in writing on a form provided by the Township. Such completed application, together with any required fees per the Williams Township Fee Schedule (as may be amended from time to time), shall be submitted to a Township employee responsible for processing such a permit. The applicant is responsible to ensure that the application is stamped by the responsible Township employee with the date of the official receipt.
(b)
Fifteen copies of a plot plan prepared and signed and sealed by a licensed design professional (engineer, architect, surveyor, or landscape architect). Said plan shall be to scale and show the location and dimensions of the lot area, together with its tax parcel ID and address, and of the proposed uses of buildings, structures, and/or land. Said plans shall be required, unless the Zoning Officer determines that such plan is unnecessary for determination of whether the proposal complies with this chapter. The Zoning Officer or the Zoning Hearing Board may also require that the applicant submit any additional information deemed necessary by either the Zoning Officer or Zoning Hearing Board to properly evaluate the application for the purpose of determining the applications' compliance with this chapter. See also the site plan requirements of § 27-1311F, if applicable.
(c)
Outstanding Violations and Other Laws, Restrictions and Covenants. The Zoning Officer shall withhold issuance of a permit under this chapter to an owner or property which is the subject of an unresolved zoning violation notice, deed restriction violation, easement violation, covenant violation, a note on an approved plan violation and/or an unresolved conservation easement violation. No zoning permit will be issued for properties where there is a conservation easement, deed restriction, covenant, note on an approved plan and/or easement recorded against the property that prohibits the use and/or structure or location thereof applied for. No zoning permit will be issued if it appears to the Zoning Officer that such a use, building, or structure or location thereof would violate another Township, State, or Federal law or regulation.
(d)
Ownership. No person other than the landowner or developer or a specifically authorized agent shall submit a zoning application (see definition of "landowner" and "developer" in Part 2). Written proof of the foregoing status or authorization shall be submitted at the time of application submittal.
(e)
Fees. Applicant shall pay all application fees as listed in the current version of the Williams Township Fee Schedule at the time of the application.
(f)
Proof of Homeowners' Association and Condominium Association Approval. Permit applicants with property subject to a homeowners' association or condominium association shall first obtain approval from their homeowners' association or condominium association before applying for a Township permit for accessory buildings, structures, or uses. Applicants shall submit written proof of homeowners' association or condominium association approval with their Township permit application.
(5)
Issuance of Permit.
(a)
No permit shall be issued for construction of a building or structure that appears to require a permit under the Pennsylvania Sewage Facilities Act, as amended, without prior issuance of a sewage permit issued by the Sewage Enforcement Officer, or an approval to connect to public sewer has been obtained and all other applicable permits have been secured. If the property is connected to public sewer, no permit shall be issued for a change of use unless the provider of the public sewer has issued a letter approving the change of use and stating that the applicant owns sufficient sewage capacity or the applicant acquired additional sewage capacity for the new use.
(b)
Each applicant is entitled to receive one duplicate original of the approved permit.
(c)
One copy of any permit required under provisions of this chapter shall be conspicuously posted by the landowner, developer, or authorized agent on the premises, until a certificate of occupancy has been issued.
(d)
After the issuance of a permit under this chapter by the Zoning Officer, no changes of any kind shall be made to a zoning application without reapplying for and receiving approval of a permit.
(6)
Revocation of Permits. The Zoning Officer may revoke a permit or approval issued under the provisions of this chapter if it appears it the Zoning Officer that the permit or approval was issued based upon any false statement or misrepresentation of fact in the application including any site plans. Additionally, permits or approvals shall be revoked for any apparent violation of any condition lawfully imposed upon a special exception, conditional use, and/or variance. Such revocation shall require the use, building or structure or the apparently violating portion of the use to cease to operate until such time as the use, building or structure comes into compliance with such plans, provisions or conditions.
B.
Occupancy Permit (or "certificate of use and occupancy").
(1)
No new or altered building or structure for which a zoning permit, building permit, sewage permit, grading permits, and/or any other applicable permits were required shall be used or occupied until permit for such use or occupancy has been issued by the Zoning Officer indicating that the building or use complies with the terms of the Township's ordinances. Additionally, to issue the occupancy permit, the Zoning Officer must (where applicable) first receive, in writing, the final approval of:
(3)
Temporary Occupancy Permit (or "temporary certificate of use and occupancy").
(a)
If the Zoning Officer determines that a new or altered building or structure for which a zoning permit, building permit, sewage permit, grading permits, and/or any other applicable permits were required is not fully compliant with the terms of the Township's ordinances, the Zoning Officer may issue a temporary occupancy permit to allow use and occupancy of the building or structure while project is being completed and the building or structure may be occupied safely.
(b)
The Zoning Officer may deny approval of a temporary occupancy permit if it is apparent that the intended occupants or the general public will be subject to hazards that may result from the continued construction activity or any other cause.
(c)
The temporary occupancy permit shall specify relevant conditions the owner must satisfy to obtain a final occupancy permit, and set forth a time period for completion of the conditions.
(d)
During the time period that a property is used or occupied pursuant to a temporary occupancy permit and no final occupancy permit has been issued, no other zoning permits, building permits, and/or any other permits shall be issued by the Township for said property.
(e)
Temporary occupancy permits automatically terminate when the final certificate of occupancy is issued, or when the time period on such permit expires.
C.
Nonconforming Use or Structure Registration.
(1)
The Zoning Officer may, but is not required to, identify and register nonconforming uses and structures.
(2)
The owner of a lawful nonconforming structure or the premises occupied or formerly occupied by a lawful nonconforming use shall secure a nonconforming use or structure registration from the Zoning Officer. Such registration shall state that land or a structure is legally nonconforming, to the best knowledge of the Zoning Officer.
§ 27-110 Zoning Officer.
[Ord. No. 2020-01, 1/6/2020]
A.
Appointment.
(1)
The Zoning Officer, and any Alternate or Assistant Zoning Officer(s), shall be appointed by the Board of Supervisors, and shall not simultaneously hold any elective office within the Township or be a member of the Township Planning Commission or the Township Zoning Hearing Board.
(2)
The Zoning Officer or Assistant Zoning Officer shall continue to serve the Township until such time as the Board of Supervisors declares otherwise.
B.
Duties and Powers.
(1)
The Zoning Officer shall:
(a)
Administer this chapter in accordance with its literal wording;
(b)
Accept and process applications to register nonconforming uses and nonconforming structures;
(c)
Receive and examine all applications required by this chapter;
(d)
Issue or deny permits identified by this chapter, including written reasons for any denial;
(e)
Receive complaints of violation of this chapter;
(f)
Issue a written notice of violation to any person who appears to be violating any provision of this chapter;
(g)
Keep records of applications, permits, denials, certificates, written decisions and interpretations issued, variances and special exceptions granted by the Board, conditional uses granted by the Board of Supervisors, complaints received, inspections made, reports rendered, and of notice or orders issued; and
(h)
Make all required inspections and perform all other duties as called for in this chapter or the Municipalities Planning Code.
(2)
The Zoning Officer shall not have the power to issue a permit for any construction, use or change of use which does not conform to this chapter or any other ordinances of the Township. Any such nonconforming permit shall be void and of no effect.
§ 27-111 Zoning Hearing Board and Variances.
[Ord. No. 2020-01, 1/6/2020]
A.
Appointment.
(1)
The Zoning Hearing Board shall consist of five residents of the Township appointed by the Board of Supervisors for overlapping five-year terms.
(2)
Members of the Board shall hold no elected office in the Township.
(3)
The Board of Supervisors may appoint by resolution at least one but no more than three residents of the Township to serve as alternate members.
(4)
Alternate members shall hold no other office in the municipality, including membership on the Planning Commission and Zoning Officer. Any alternate member may participate in any proceeding or discussion of the Board, but shall not be entitled to vote as a member of the Board nor be compensated unless designated as a voting alternate member in accordance with the Municipalities Planning Code.
B.
Vacancies. The Board shall promptly notify the Board of Supervisors of any vacancies which occur. Appointments to fill vacancies shall only be for the unexpired portion of a term.
C.
Removal of Members. See Section 905 of the Municipalities Planning Code.
D.
Organization.
(1)
Officers. At the first meeting of each calendar year, the Board shall elect officers from its own membership. Officers shall serve annual terms and may succeed themselves.
(2)
Quorum. For the conduct of any hearing and taking of any action, a quorum shall be not less than a majority of all members of the Board, except for the following:
(a)
Hearing Officer. The Board may appoint a hearing officer from its own membership to conduct any hearing on its behalf. The parties may waive further action by the Board, and consent to the Hearing Officer rendering a decision as provided by the Municipalities Planning Code.
(3)
Rules. The Board may make, alter, and rescind rules and forms for its procedure, consistent with all applicable Township ordinances and state law.
E.
Zoning Hearing Board Functions. The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudications and be responsible for the following:
(1)
Appeal of a Decision by the Zoning Officer.
(a)
The Board shall hear and decide appeals where it is alleged by the appellant (the landowner affected, developer, an authorized agent, or applicant, any office or agency of the Township, or any person aggrieved) that the Zoning Officer has failed to follow prescribed procedures, or has misinterpreted or misapplied any valid provision of this chapter or any valid rule or regulation governing the action of the Zoning Officer.
(b)
All appeals which allege that the Zoning Officer has made an error shall be filed directly with the Township at the Township Building within 30 days of the Zoning Officer's alleged error, unless a different time limitation is provided under state law. This time limitation shall not apply to provisions for the revocation of a permit under § 27-109A(6).
(c)
Such appeals shall be in writing, shall state fully the material facts and parties in the case, and shall clearly explain the reasons or provisions of the chapter on which the appeal is based.
(2)
Challenges to the Validity of the Chapter or Map.
(a)
The Board shall hear challenges to the validity of this chapter filed with the Board in writing by the landowner affected, developer, an authorized agent, or applicant, any office or agency of the Township, or any person aggrieved.
(b)
After the conclusion of the hearing(s), the Board shall make findings on all relevant issues of fact, conclusions of the law on issues that the Board deems to have been presented and necessary within the time limits specified by the Municipalities Planning Code.
(3)
Variance.
(a)
The Board shall hear requests for variances filed with the Board in writing by any landowner, developer, an authorized agent, or applicant, any office or agency of the Township, or any person aggrieved (or any tenant with the permission of such landowner).
(b)
The Board may grant a variance only within the limitations of state law. The Municipalities Planning Code provides 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 all requests for special exceptions filed with the Board in writing by any landowner (or any tenant with the permission of such landowner, developer, an authorized agent, or applicant, any office or agency of the Township, or any person aggrieved), as provided in this chapter and in accordance with such standards and criteria contained in this chapter.
(b)
In granting a special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards, in addition to those expressed in the chapter, as the Board may deem necessary to implement the purposes and intent of this chapter.
(5)
Hearings. The Board shall conduct hearings and make decisions in accordance with provisions of the Municipalities Planning Code.
(6)
Records. The Board shall keep full public records of its business.
(7)
Court Appeals.
(a)
In the case of an appeal from the Board to the Court of Common Pleas, the appellant shall be responsible for the costs of making the return of the certified record as required by law, and the appellant should promptly notify in writing the Township Secretary and the Township Zoning Hearing Board Solicitor of such appeal.
(b)
Any decision of the Board not appealed within 30 days after notice thereof shall be final, except as may be permitted under state law.
(8)
Appeal by the Zoning Officer. See § 27-105D pertaining to interpretation of text and boundaries.
(9)
Notwithstanding the aforesaid, the Zoning Hearing Board shall have jurisdiction to hear any other matter as provided by the Municipalities Planning Code.
F.
Applications to the Zoning Hearing Board.
(1)
All appeals from a decision of the Zoning Officer and applications to the Board shall be in writing on forms provided by the Township. The applicant is responsible to identify sections of the Ordinance that apply.
(2)
Every appeal or application shall include the following in writing and be submitted with a total of 15 copies (which may include the original):
(a)
The name and address of the applicant or appellant including documentation supporting the standing of the applicant or appellant as a landowner, developer, an authorized agent of the property owner;
(b)
The name and address of the owner of the property to be affected by such proposed application or appeal (if not the same as above);
(c)
A brief description and location of the property to be affected by such proposed application or appeal;
(d)
A statement of the present zoning classification, buildings and structures on, and use of the property that is the subject of the appeal;
(e)
A statement of the section of this chapter under which the appeal is made and reasons why the appeal should be granted, or a statement of the section of this chapter governing the situation in which the alleged erroneous ruling is being appealed and the reasons for the appeal;
(f)
A detailed site plan of the property to be affected, indicating the location and size of the lot and the size and location of existing and proposed buildings, structures, and uses, and improvements. The plan shall be prepared by a licensed design professional (engineer, architect, surveyor, or landscape architect), unless the site plan is determined not to be necessary by the Zoning Officer;
(g)
All other information listed on the official Township application form;
(h)
A list of names and addresses of all owners of property within 200 feet of the boundary lines of the affected site, including the respective tax map, block and lot numbers of each property. A tax assessor's map or other form of validating the accuracy of the addresses shall be included. The current public information from Northampton County Court shall be deemed sufficient to satisfy this requirement;
(i)
All applications shall be filed in the Township Office during regular business hours and may not be placed in the Township mailbox. Applications shall be considered filed only when physically received and date-stamped by the Township.
G.
Time Limitations: Persons Aggrieved. The time limitations for raising certain issues and filing certain proceedings with the Board shall be the following:
(1)
No person shall be allowed to file any appeal with the Board later than 30 days after any application for a permit, special exception, conditional use, variance, interpretation, permit, special exception, conditional use, variance, interpretation or a development (preliminary or final) has been approved by the appropriate Township officer, agency or body if such appeal is to obtain reversal or to limit the approval in any manner, unless such person alleges and proves that said person had neither notice of the Township's action, decision, or approval for which notice legally was required to have been sent, or actual or constructive knowledge or reason to believe that such approval had been given.
(2)
If such person acquires an interest in the property after such approval, said person shall be bound by the knowledge of that person's predecessor in interest.
(3)
The failure of any person other than the landowner, developer or authorized agent to appeal from an adverse decision on a preliminary plan, a tentative plan pursuant to a planned residential development, or from an adverse decision by a Zoning Officer on a challenge to the validity of this chapter or Zoning Map pursuant to Section 916.2 of the Municipalities Planning Code (regarding validity of ordinance) shall preclude an appeal from a final approval, except when the final submission substantially deviates from the preliminary or tentative approval.
H.
Stay of Proceedings. Shall be in accordance with Section 915.1 of the Municipalities Planning Code.
I.
Time Limitations on Permits and Variances.
(1)
If the variance is granted or the issuance of a permit is approved, or other action by the appellant is authorized, then the necessary permit shall be obtained by the applicant within 24 months after the date when the variance is finally granted or the issuance of a permit is finally approved, or the other action by the appellant is authorized. Construction, occupancy or use shall begin within 12 months of the issuance of the permit.
(2)
If the applicant submits complete plans for a required site plan review or subdivision or land development approval or special exception or conditional use approval that is related to the variance or issuance of a permit under this chapter within the twenty-four-month period, the twelve-month requirement of the above subsection shall begin after such site plan review is completed or such approval, if applicable, is granted by the Township.
(3)
If the appellant or applicant fails to obtain the necessary permits within the above twenty-four-month time period, or, having obtained the permit, the appellant or the applicant fail to diligently commence substantial construction, occupancy or use within the above twelve-month time period, it shall be conclusively presumed that the appellant or applicant has waived, withdrawn, or abandoned the appeal or the application, and all provisions, variances, and permits granted to the appellant or applicant by the Board and/or Township staff shall be deemed to be automatically rescinded and revoked.
(4)
Renewal of a zoning permit by the Board may be permitted for not more than two individual and consecutive six-month extensions. The appellant or applicant has not more than three years to an obtain occupancy permit.
§ 27-112 Hearings.
[Ord. No. 2020-01, 1/6/2020]
The Board shall conduct hearings and make decisions in accordance with the following:
A.
Notice of Hearings. Notice of all hearings of the Board shall be given, as follows:
(1)
Public notice shall be published, as defined by the Municipalities Planning Code. The notice shall state the date, time and place of the hearing, and the particular nature of the matter to be considered.
(2)
Notice of such hearing shall be conspicuously posted on the subject tract of land at least one week prior to the hearing. The appellant or applicant by filing an application authorizes the Township Zoning Officer or his agent to enter on the tract for purposes of posting the notice. Thereafter the appellant or applicant is responsible for such notice remaining posted until after the hearing date.
(3)
Written notice shall be given by the Zoning Officer to the appellant or the applicant, Zoning Hearing Board, Planning Commission, the Board of Supervisors and the current owners of record per Northampton County Tax Assessment Office records of property abutting or within 200 feet of the lot lines of the subject property. Also, such notice shall be given to any other person or group (including civic or community organizations) who has made a written timely request for such notice. Any such notices should be mailed or delivered by a Township representative to the current or last known address of record of the recipient. Such notice should be mailed or delivered to be generally or normally received at least five days prior to the hearing date.
(a)
In any matter which relates to a property any portion of which is within 300 feet of the boundary line with another municipality, except boundaries separated by a nonintermittent river, and which the Zoning Officer determines may have a significant impact on that municipality, the Zoning Officer shall transmit to the clerk or secretary of this other municipality a copy of the official notice of the public hearing on such matters at least seven days prior to the hearing date.
(b)
The other municipality shall have the right to appear and to be heard at the public hearing.
(4)
The Board of Supervisors may, by resolution, establish a reasonable fee schedule, based on cost, to be paid by the applicant or the appellant for any notice required by this chapter and by persons requesting any notice which is not required by this chapter.
B.
Parties.
(1)
The parties to a hearing shall be the applicant or appellant, the Township, any person affected by the application who has made timely appearance of record before the Board, and any other person including civic or community organizations which may be permitted to appear by the Board.
(2)
The Board shall have power to require that all persons who wish to be considered parties enter their respective appearances in writing on forms provided by the Board for that purpose.
C.
Oaths and Subpoenas. The chairperson of the Zoning Hearing Board shall have the power to administer oaths. The Board shall have the power to issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by the parties. All subpoenas shall be served in accordance with the Pennsylvania Rules of Civil Procedure. A party shall be responsible for service of process of any subpoena issued at that party's request.
D.
Representation by Counsel. The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument, and cross-examine adverse witnesses on all relevant issues, to no less extent than any other party.
E.
Evidence. Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded.
F.
Record. The Board or the hearing officer, as the case may be, shall create and keep a stenographic record or transcript of the proceedings as required by state law.
G.
Ex Parte Communications.
(1)
The Board or the Hearing Officer shall not communicate, directly or indirectly, with any party or his representatives in connection with any issue involved, except upon notice and opportunity for all parties to participate.
(2)
The Board or the Hearing Officer shall not take notice of any communication, reports, staff memoranda, or other materials unless all parties are afforded an opportunity to contest the material so noticed, except for advice from the Board's solicitor.
(3)
After the commencement of hearings, the Board shall not inspect the site or its surroundings with any party or the party's representative, unless all parties are given an opportunity to be present.
H.
Advisory Review by the Planning Commission. The Planning Commission may, at the request of the Zoning Hearing Board, provide an advisory review of any appeal or application to the Zoning Hearing Board.
I.
Initiation of Hearings. A hearing required under this chapter shall commence within 60 days of the date of submission of complete application, unless the applicant or appellant has agreed in writing to an extension of time. No request for a hearing by an applicant shall be accepted prior to submission of a complete application.
J.
Decision/Findings.
(1)
The Board shall render a written decision, or make written findings (when no decision is called for) on the application, within 45 days after the last hearing before the Board, unless the applicant or appellant has agreed in writing to an extension of time.
(2)
Where the application is contested or denied, the decision shall be accompanied by written findings of fact and conclusions based thereon, together with the reasons therefor.
(3)
Any conclusion based on any provision of the Municipalities Planning Code or of this chapter, or of any other ordinance, rule, or regulation, shall contain a reference or citation to the provision relied on, and the reasons why the conclusion is deemed appropriate in light of the facts found.
K.
Notice of Decision. A copy of the final decision or a copy of the findings (when no decision is called for) shall be delivered to the applicant or appellant personally or mailed to the applicant or appellant.
§ 27-113 Appeals of Ordinance Provisions or From Action of the Board of Supervisors.
[Ord. No. 2020-01, 1/6/2020]
A.
In General. All appeals for review of this chapter or any decision, determination, or order of the Board of Supervisors, its agencies, or officers, issued pursuant to this chapter shall be in conformance with the Municipalities Planning Code.
B.
Procedural Defects in Enactment. Appeals based on an alleged defect in the process of enactment or adoption of this chapter or any portion or amendment hereto shall be taken directly from the action of the Board of Supervisors to the Court of Common Pleas and filed not later than 30 days from the intended effective date of the said Ordinance, portion, or amendment.
C.
To the Zoning Hearing Board. Appeals to the Board shall comply with the Municipalities Planning Code and all applicable sections of this chapter.
§ 27-114 Amendments.
[Ord. No. 2020-01, 1/6/2020]
A.
The Township may, on its own motion or upon petition of any person or entity, amend, supplement, change, modify, revise, or repeal this chapter or Zoning Map in accordance with the provisions of the Municipalities Planning Code. The Township need not take any such action, which shall be in the Township's sole discretion.
B.
Before voting on the enactment of an amendment, the Board of Supervisors shall hold a public hearing thereon, pursuant to public notice.
(1)
Planning Commission.
(a)
In the case of an amendment other than one prepared by or under the direction of the Township Planning Commission, the Board of Supervisors shall submit each such amendment to the Planning Commission at least 30 days prior to the Board of Supervisors' hearing on such proposed amendment, and provide the Planning Commission an opportunity to submit recommendations on the amendment.
(b)
No action shall be taken by the Board of Supervisors until any Planning Commission comments are received, unless 30 days pass without such comments being received.
C.
LVPC (Lehigh Valley Planning Commission) Review.
(1)
The Board of Supervisors or Planning Commission shall submit any such proposed amendment to the Lehigh Valley Planning Commission (LVPC) for recommendations at least 30 days prior to the Board of Supervisors' hearing on such proposed amendment.
(2)
No action shall be taken by the Board of Supervisors until any LVPC comments are received, unless 30 days pass without such comments being received.
D.
Application for Amendment.
(1)
Any request for amendment of this chapter (including supplement, change, modification, revision, or repeal any revision of the Zoning Map) by any person or entity (other than the Township staff, Planning Commission, Board of Supervisors, or committee appointed by the Board of Supervisors) shall include the following:
(a)
A statement of why the amendment would be in the best interests of the Township;
(b)
A statement of how the amendment will relate to the Township Comprehensive Plan;
(c)
A statement addressing any adverse affects of the amendment on adjacent residences;
(d)
A statement addressing any major traffic access or congestion concerns that will be caused or affected by the amendment;
(e)
A statement explaining proposed extensions and major improvements, if needed, of water and sewer systems effected by the amendment;
(f)
In the event of an amendment to the Zoning Map, a map showing the proposed boundaries of any proposed map changes, the existing and adjacent zoning districts, the existing and adjacent land uses;
(g)
The required fee for the type of amendment per current Williams Township Fee Schedule.
§ 27-115 Curative Amendments.
[Ord. No. 2020-01, 1/6/2020]
A.
A landowner or developer who desires to challenge on substantive grounds the validity of a portion of this chapter which prohibits or restricts the use or development of land in which the landowner or developer has an interest may submit a proposed curative amendment to the Board of Supervisors, together with a with a written request that the challenge and proposed amendment be heard and decided as provided by the Municipalities Planning Code.
B.
The landowner or developer shall pay to the Township all fees required for a curative amendment challenge under the current Williams Township fee schedule.
§ 27-116 Filing Fees and Costs.
[Ord. No. 2020-01, 1/6/2020]
A.
The Board of Supervisors has established by resolution a schedule of fees and a collection procedure relating to all applications filed pertaining to this chapter known as the "Williams Township Fee Schedule." Said Fee Schedule may be periodically reviewed and amended to reflect current expenses.
B.
No application shall be considered complete or filed until all fees required by the Fee Schedule are paid.
C.
The Fee Schedule may be based upon the type of application and the size and type of the proposed development, building, structure, use, or amendment, including, but not limited to, acreage, numbers of lots, and type of use, to reflect a reasonable relationship to recovering the Township's actual costs.
§ 27-117 Enforcement; Violations and Penalties; Remedy.
[Ord. No. 2020-01, 1/6/2020]
The Township and Zoning Officer shall act in accordance with Sections 616.1, 617, 617.1 and 617.2 and other applicable sections of the Municipalities Planning Code, which provides procedures for enforcement notices and civil penalties for any violation.
§ 27-118 Conditional Use Procedure.
[Ord. No. 2020-01, 1/6/2020]
A.
Purpose. This section provides a procedure for certain review and decision upon uses that are permitted within the Township as conditional uses. These uses may not be appropriate at every location within a zoning district. This procedure is designed to allow careful review of proposed uses that have some potential for conflicts with adjacent uses, areas, or zoning districts. Accordingly, the Board of Supervisors has established standards, procedures, and objective criteria as set forth in this chapter by which to evaluate and decide conditional use requests. It is intended that these uses, which have the potential for a considerable impact upon the community, shall comply with the regulations set forth herein. The Board of Supervisors shall have the power to approve conditional uses.
B.
Procedure.
(1)
Before a zoning permit is issued by the Zoning Officer for any use listed as a permitted conditional use in this chapter, a site plan, as specified in § 27-1311F, shall be reviewed by the Planning Commission and approved by the Township Board of Supervisors.
(2)
Zoning Compliance.
(a)
The applicant shall make all reasonable efforts to ensure that the proposed use will comply with and be allowable under this chapter prior to a submission to the Planning Commission for a formal conditional use review and comment, and decision by the Board of Supervisors.
(b)
Any other necessary relief such as zoning variances or special exception approval shall be obtained prior to granting of the conditional use.
(3)
Submission Requirements.
(a)
Fifteen complete copies of any required site plan meeting and containing the information requirements of § 27-1311F (pertaining to site plan review) shall be submitted to the Zoning Officer.
(b)
The Zoning Officer shall refuse to accept as incomplete any application that appears to not provide sufficient information to determine compliance with this chapter.
(4)
Distribution. The Township shall distribute the copies of the application, site plan and any written submittals to the Planning Commission and the Board of Supervisors. A minimum of one copy each shall be retained in the Township files. The Township Emergency Services Office, Sewage Enforcement Officer, Engineer and Township Solicitor shall have an opportunity to review the application.
(5)
Zoning Officer Review. At the request of the Board of Supervisors, the Zoning Officer shall report in writing to the Planning Commission or Board of Supervisors stating whether and to what extent that the application appears to comply with this chapter. Where an application appears not to comply with this chapter, the Zoning Officer shall list the specific sections of this chapter with which the application is not in compliance. The Township staff, Planning Commission, or Board of Supervisors may request a review by either the Township Engineer and/or the Sewage Enforcement Officer.
(6)
Planning Commission. The Planning Commission shall review the conditional use application and submit a written recommendation to the Board of Supervisors prior to action of the Board of Supervisors.
(7)
The Board of Supervisors shall not act to approve or deny a conditional use application until the Board has received the reports of the Zoning Officer and the Planning Commission. In any event, the Board of Supervisors shall conduct its first hearing on a conditional use application no later than 60 days after the receipt of a completed application, unless the applicant has agreed in writing to an extension.
(8)
The Board of Supervisors shall review the submission for the conditional use and issue a written decision 45 days from the date of the last hearing before the Board of Supervisors, unless the applicant has agreed to an extended review period. The Board of Supervisors' decision shall be in writing and where the application is contested or denied, the written decision shall include findings of fact and conclusions of law, together with any reasons therefor.
(9)
Subdivision and Land Developments. A conditional use review shall be coordinated with any and all subdivision and land development reviews by the Township.
C.
Approval of Conditional Uses.
(1)
The Township's Board of Supervisors shall approve any proposed conditional use if the Board finds adequate evidence that any proposed conditional use will meet:
(2)
In approving a conditional use, the Board of Supervisors may impose such reasonable conditions and safeguards (based on and in addition to those requirements and standards expressed in this chapter) as the Board determines is necessary to implement the purposes of this chapter.
(3)
Effect. A conditional use approval by itself shall not relieve the applicant of any other obligation under a Township ordinance, nor constitute a recommendation for a zoning variance.
(4)
Conditions imposed by the Board of Supervisors shall automatically become conditions of the construction permit issued pursuant thereto, and any failure to comply with said conditions shall be a violation of this chapter and a revocation of conditional use approval.
D.
Standard for Decisions.
(1)
Each conditional use shall have the burden of proof of demonstrating compliance with all of the following standards:
(a)
Other Laws. Proposed uses shall not be in conflict with other Township ordinances or state or federal laws, statutes or regulations.
(b)
Comprehensive Plan. Uses shall be compatible with the adopted Comprehensive Plan, as amended.
(d)
Safety. Proposed uses shall not create a public safety hazard, including fire, toxic, hazardous substance exposure, or explosive hazards.
(e)
Stormwater Management. Proposed uses shall comply with adequate and professionally accepted engineering methods to manage stormwater, including both quantity (volume) and quantity.
(f)
Neighborhood. Proposed uses shall not adversely affect the desirable characteristics of an existing residential neighborhood, including, but not limited to, the type and density of housing.
(g)
Design. Proposed uses shall utilize adequate site design methods, including screening, buffers, setbacks and traffic control, to avoid adverse impacts on adjacent uses and land.
(h)
Performance Standards. Proposed uses shall comply with the environmental protection requirements of this chapter, as stated in Part 15 pertaining to Environmental Protection.
(i)
Nuisances. Proposed uses shall not result in or significantly add to vibration, particulates, dust, glare, malodors, vapors, pollen, public health vectors, intermittent or bright or flashing lights, heat, invasive, nonnative, or nuisance vegetation, insects, or animals, possession, manufacture, or use of illegal substances, radiation, including, but not limited to, radio, radar and electromagnetic fields (EMFs), or other impacts that impair the use of adjoining properties.
§ 27-119 Special Exception Use Procedure.
[Ord. No. 2020-01, 1/6/2020]
A.
Purpose. This section provides a procedure for certain review and decision upon uses that are permitted within the Township as conditional uses. These uses may not be appropriate at every location within a zoning district. This procedure is designed to allow careful review of proposed uses that have some potential for conflicts with adjacent uses, areas, or zoning districts. Accordingly, the Board of Supervisors has established standards, procedures, and objective criteria as set forth in this chapter by which to evaluate and decide special exception use requests. It is intended that these uses, which have the potential for a considerable impact upon the community, shall comply with the regulations set forth herein. The Zoning Hearing Board shall have the power to approve special exception uses.
B.
Procedure.
(1)
Before a zoning permit is issued by the Zoning Officer for any use listed as a permitted special exception use in this chapter, a site plan, as specified in § 27-1311, shall be reviewed by the Planning Commission and approved by the Township Zoning Hearing Board.
(2)
Zoning Compliance.
(a)
The applicant shall make all reasonable efforts to ensure that the proposed use will comply with and be allowable under this chapter prior to a submission to the Planning Commission for a formal special exception use review and comment, and decision by the Zoning Hearing Board.
(b)
Any other necessary relief such as zoning variances shall be obtained prior to granting of the special exception use.
(3)
Submission Requirements.
(a)
Fifteen complete copies of any required site plan meeting and containing the information requirements of § 27-1311 (pertaining to site plan review) shall be submitted to the Zoning Officer.
(b)
The Zoning Officer shall refuse to accept as incomplete any application that appears to not provide sufficient information to determine compliance with this chapter.
(4)
Distribution. The Township shall distribute the copies of the application, site plan and any written submittals to the Planning Commission and the Zoning Hearing Board. A minimum of one copy each shall be retained in the Township files. The Township Emergency Services Office, Sewage Enforcement Officer, Engineer and Township Solicitor shall have an opportunity to review the application.
(5)
Zoning Officer Review. At the request of the Zoning Hearing Board, the Zoning Officer shall report in writing to the Planning Commission or Zoning Hearing Board stating whether and to extent that the application appears to comply with this chapter. Where an application appears not comply with this chapter, the Zoning Officer shall list the specific sections of this chapter with which the application is not in compliance. The Township staff, Planning Commission, or Zoning Hearing Board may request a review by either the Township Engineer and/or the Sewage Enforcement Officer.
(6)
Planning Commission. The Planning Commission shall review the special exception use application and submit a written recommendation to the Zoning Hearing Board prior to action of the Zoning Hearing Board.
(7)
The Zoning Hearing Board shall not act to approve or deny a special exception use application until the Board has received the reports of the Zoning Officer and the Planning Commission. In any event, the Zoning Hearing Board shall conduct its first hearing on a special exception use application no later than 60 days after the receipt of a completed application, unless the applicant has agreed in writing to an extension.
(8)
The Zoning Hearing Board shall review the submission for the special exception use and issue a written decision 45 days from the date of the last hearing before the Zoning Hearing Board, unless the applicant has agreed to an extended review period. The Zoning Hearing Board decision shall be in writing and where the application is contested or denied, the written decision shall include findings of fact and conclusions of law, together with any reasons therefor.
(9)
Subdivision and Land Developments. A special exception use review shall be coordinated with any and all subdivision and land development reviews by the Township.
C.
Approval of Special Exception Uses.
(1)
The Township's Zoning Hearing Board shall approve any proposed special exception use if the Board finds adequate evidence that any proposed conditional use will meet:
(2)
In approving a special exception use, the Zoning Hearing Board may impose such reasonable conditions and safeguards (based on and in addition to those requirements and standards expressed in this chapter) as the Board determines is necessary to implement the purposes of this chapter.
(3)
Effect. A special exception use approval by itself shall not relieve the applicant of any other obligation under a Township ordinance, nor constitute a recommendation for a zoning variance.
(4)
Conditions imposed by the Zoning Hearing Board shall automatically become conditions of the construction permit issued pursuant thereto, and any failure to comply with said conditions shall be a violation of this chapter and a revocation of the special exception use approval.
D.
Standard for Decisions. Each special exception use application shall have the burden of proof of demonstrating compliance with all of the following standards:
(1)
Other Laws. Proposed uses shall not be in conflict with other Township ordinances or state or federal laws, statutes or regulations.
(2)
Comprehensive Plan. Uses shall be compatible with the adopted Comprehensive Plan, as amended.
(4)
Safety. Proposed uses shall not create a public safety hazard, including fire, toxic, hazardous substance exposure, or explosive hazards.
(5)
Stormwater Management. Proposed uses shall comply with adequate and professionally accepted engineering methods to manage stormwater, including both quantity (volume) and quantity.
(6)
Neighborhood. Proposed uses shall not adversely affect the desirable characteristics of an existing residential neighborhood, including, but not limited to, the type and density of housing.
(7)
Design. Proposed uses shall utilize adequate site design methods, including screening, buffers, setbacks and traffic control, to avoid adverse impacts on adjacent uses and land.
(8)
Performance Standards. Proposed uses shall comply with the environmental protection requirements of this chapter, as stated in Part 15 pertaining to Environmental Protection.
(9)
Nuisances. Proposed uses shall not result in or significantly add to vibration, particulates, dust, glare, malodors, vapors, pollen, public health vectors, intermittent or bright or flashing lights, heat, invasive, nonnative, or nuisance vegetation, insects, or animals, possession, manufacture, or use of illegal substances, radiation, including, but not limited to, radio, radar and electromagnetic fields (EMFs), or other impacts that impair the use of adjoining properties.
§ 27-120 Liability.
[Ord. No. 2020-01, 1/6/2020]
A.
Neither the approval nor the granting of any permit under this chapter, zoning or building permit, floodplain permit, site plan review, subdivision approval, land development approval, erosion review, stormwater runoff review, steep slope review, or any other review or permit of this chapter, involving any land governed by the provisions of this chapter, by any elected or appointed official (including but not limited to the Zoning Officer, Zoning Hearing Board, its solicitor, the Township Engineer, and the Township Solicitor), Board or Commission member, or Board, commission, or agency of the Township shall constitute a representation, guarantee or warranty of any kind by the Township, or by any elected or appointed official (including but not limited to the Zoning Officer, Zoning Hearing Board, its solicitor, the Township Engineer, and the Township Solicitor), Board or Commission member, or Board, commission, or agency of the Township, of the practicality, economics, or safety of any building, structure, use or subdivision, and shall create no liability upon, nor a cause of action of any kind, in law or equity, against, any elected or appointed official (including but not limited to the Zoning Officer, Zoning Hearing Board, its solicitor, the Township Engineer, and the Township Solicitor), Board or Commission member, or Board, commission, or agency of the Township for any damage or loss of any kind that may result pursuant thereto.
B.
If the Zoning Officer mistakenly issues a permit under this chapter, the Township shall not be liable for any damage or loss of any kind that may result from any later lawful withdrawal of such permit for valid cause shown.