[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."
[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.
[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.
[Ord. No. 2020-01, 1/6/2020]
Public utility exemptions shall be consistent with Section 619
of the Municipalities Planning Code.
[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.
[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.
[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.
[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.
[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.
[Ord. No. 2020-01, 1/6/2020]
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)
Other Laws. The Zoning Officer may withhold issuance of a permit
under this chapter if it appears to the Zoning Officer that such a
use, building, or structure 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.
[Added by Ord. No. 2022-8, 11/9/2022]
(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.
(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. To
issue the occupancy permit, the Zoning Officer must (where applicable)
first receive, in writing, the final approval of:
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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
