An ordinance repealing any preexisting Palmer Township zoning
ordinance, as amended, and replacing said ordinance with an ordinance
permitting, prohibiting, regulating, restricting and determining the
uses of land, watercourses and other bodies of water; the size, height,
bulk, location, erection, construction, repair, maintenance, alteration,
razing, removal and use of structures; the areas and dimensions of
land and bodies of water to be occupied by uses and structures as
well as courts, yards and other open spaces and distances to be left
unoccupied by uses and structures; the density of population and intensity
of use; the location and size of signs; creating zoning districts
and establishing the boundaries thereof; continuing the office of
Zoning Officer; continuing a Zoning Hearing Board; and providing for
the administration, amendment and enforcement of the ordinance, including
the imposition of penalties.
This ordinance shall be known and may be cited as the "Palmer
Township zoning ordinance of 2023."
This zoning ordinance has been prepared in accordance with the
Palmer Township Comprehensive Plan of 2018, with consideration for
the character of the municipality, its various parts and the suitability
of the various parts for particular uses and structures and is enacted
for the following purposes:
A.
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, vehicle parking and loading
space, transportation, water, sewerage, schools, public grounds and
other public requirements.
B.
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.
C.
To preserve prime agriculture and farmland considering topography,
soil type and classification and present use.
D.
To maintain the integral functions provided by natural resource systems
within the Township by carrying out the goals and intent of the PA
Flood Plain Management Act,[1] PA Storm Water Management Act,[2] PA Department of Environmental Protection regulations
on erosion and sedimentation control, PA Department of Transportation
regulations on highway access control and other relevant federal and
state laws, regulations, official policies and relevant court decisions.
E.
To accommodate reasonable overall community growth, including population
and employment growth, and opportunities for development of a variety
of residential dwelling and housing types and nonresidential uses.
If two differing Township ordinances or two sections of the
same Township ordinance pertain to the same matter, then the requirement
that is the more restrictive upon the applicant shall apply.
This ordinance shall not apply to uses, buildings or structures
built or used or to be built or used by the Township of Palmer or
by authorities created solely by the Township, provided that the Board
of Supervisors authorizes such use by resolution.
No use shall be permitted in any district which directly violates
any Township ordinances. If the Zoning Officer has reason to believe
that a use would violate a federal, state or Township regulation,
the Zoning Officer may delay the issuance or suspend the issuance
of a permit under this ordinance until the applicant proves compliance
with such regulation.
It is hereby declared to be the legislative intent that:
A.
If a court of competent jurisdiction declares any provisions of this
ordinance to be invalid or ineffective in whole or in part, the effect
of such decision shall be limited to those provisions which are expressly
stated in the decision to be invalid or ineffective, and all other
provisions of this ordinance shall continue to be separately and fully
effective.
B.
The Board of Supervisors hereby declares that it would have passed
this ordinance and each section or part thereof irrespective of the
fact that any one or more sections or parts thereof be declared invalid.
All other Township ordinances or resolutions or parts thereof
that were adopted prior to this ordinance and are clearly in direct
conflict with this ordinance are hereby repealed, including the preexisting
Palmer Township zoning ordinance of 1994, as amended. However, the
preexisting Airport Approach Zoning Regulations shall not be repealed
and shall remain in effect.
Under the authority conferred by the Pennsylvania Municipalities
Planning Code,[1] as amended, following a public hearing, the Board of Supervisors
of Palmer Township hereby enacts and ordains into an ordinance the
attached document this date of _________ _____, 2023.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A.
For the administration and enforcement of this chapter, the Board
of Supervisors shall appoint a Zoning Officer, who may not hold any
elective office in the Township. The Zoning Officer shall administer
and enforce this chapter in accordance with its literal terms and
shall not have the power to permit any construction or any use or
change of use which does not conform to this chapter.
B.
Duties of the Zoning Officer. The duties of the Zoning Officer shall
be as follows:
1.
To examine, record and file all applications for zoning permits,
with any accompanying plans and documents, and to issue such permits
only for lots, uses and structures which are in conformity with the
provisions of this chapter.
2.
To initiate enforcement proceedings.
3.
To receive all fees to the Township as required by this chapter and
to post a schedule of fees in the Township Municipal Building.
4.
To receive complaints and notify persons of violations of provisions
of this chapter.
5.
To conduct inspections of property for which zoning permits have
been issued to ascertain if the construction or use is in conformity
with the provisions of the permit.
6.
Upon request of the Board of Supervisors, Planning Commission or
Zoning Hearing Board, to present to such body facts, records and any
similar information required to assist such body in its deliberations.
7.
To be responsible for keeping current copies of this chapter and
the Official Zoning Map for distribution to the public.
8.
To perform other duties in the administration and enforcement of
this chapter as may be directed by the Board of Supervisors.
C.
Fees. The Board of Supervisors shall establish a schedule of fees
and a collection procedure for all permits, applications and appeals.
1.
The schedule of fees shall be available in the Township Municipal
Building.
2.
All such fees shall be payable to Palmer Township at the Township
Municipal Building.
3.
No request for a zoning permit or certificate of nonconformity and
no appeal or application to the Zoning Officer, Zoning Hearing Board
or Board of Supervisors shall be considered complete, nor shall it
be filed or docketed, until all fees have been paid in full.
A.
A zoning permit shall be required prior to the erection, extension
or alteration of any structure or portion thereof and prior to the
use by a new landowner/tenant or change in the use of a structure
or parcel of land. A zoning permit shall not be required prior to
a change in residential ownership nor prior to a change in residential
tenants.
B.
Prior to the issuance of any zoning permit, the Zoning Officer shall
review the permit application to determine if all other necessary
government permits required by State and Federal laws have been obtained,
such as those required by the Pennsylvania Sewage Facilities Act (Act
1966-537, as amended)[1]; the Pennsylvania Dam safety and Encroachments Act (Act
1978-325, as amended)[2]; the Pennsylvania Clean Streams Act (Act 1937-394, as
amended)[3]; and Section 404 of the U.S. Clean Water Act, 33 U.S.C.
§ 1344. No zoning permit shall be issued until this determination
has been made.
1.
No such zoning permit shall be required for normal maintenance activities
and minor repairs which do not constitute an erection, extension or
alteration as herein defined, or for any structure permitted.
2.
A zoning permit shall be required for all agricultural uses and/or
structures as follows:
a.
A fee zoning permit is required for all principal and accessory
uses and/or structures unless outlined below.
b.
A fee zoning permit is required for residential structures,
including houses, trailers, etc., and nonagricultural structures for
principal uses, including churches, other places of worship/assembly,
parish houses or convents.
c.
A nonfee zoning permit is required for other nonresidential
primary farm use structures, barns, or other agriculture-related structures
not requiring a land development plan.
d.
A zoning permit shall not be required for structures accessory
to nonresidential, agricultural principal uses, including, but not
limited to, corn cribs, lean-tos, calf booths, silos and similar storage
structures.
3.
No such zoning permit shall be required for the alteration of any
structure which meets the above for structures in the RA Zone.
4.
No such permit shall be granted by the Zoning Officer for any purpose
except in compliance with the provisions of this Part, or upon appeal,
in compliance with a decision of the Zoning Hearing Board or the courts.
C.
Application for zoning permits. To apply for a zoning permit, the
applicant shall submit an application for a zoning permit to the Zoning
Officer along with all required fees. When required by this chapter
or under the Subdivision and Land Development Ordinance,[4] land development plans and other information shall accompany
the application. When a land development plan is not required, the
application for zoning permit shall show the manner by which the applicable
sections in this chapter with which will be complied.
D.
Review of the application. Except when a land development plan is
required, in which case a land development plan shall be submitted
in accordance with the Township Subdivision and Land Development Ordinance,
all applications for zoning permits shall be granted or denied by
the Zoning Officer within 30 days from the date of receipt of the
application and fees for such. The Zoning Officer shall notify the
applicant in writing of all action taken on the application for a
zoning permit within said thirty-day period. If the application is
denied, such notification shall specify the provisions of this Part
with which such application does not comply. If, for any reason, the
Zoning Officer fails to notify the applicant of all action taken in
the manner and time limit set forth above, such application shall
be considered approved as submitted.
E.
No zoning permit for erection, extension or alteration of any structure
or portion thereof shall be valid for more than two years from the
date of issue unless work at the site is commenced within such period.
No zoning permit for use of building or land shall be valid for more
than two years from the date of issue unless such use is established
within the two-year period; provided, however, that where such use
is dependent upon the erection, extension or alteration of a structure,
the zoning permit shall continue in force if erection, extension or
alteration is started within the two-year period and completed in
an expeditious manner. Any erection, extension or alteration shall
be completed within two years of commencement.
A.
Purpose.
1.
The purpose of the zoning ordinance is to protect the safety, capacity
and efficiency of Palmer Township's existing infrastructure systems;
to maintain fiscal responsibility; and to uphold the objectives of
the Comprehensive Plan.
2.
Private requests to amend the zoning ordinance shall be evaluated
on the basis of the projected benefits and/or detrimental effects
to Palmer Township as a whole.
B.
Rezoning application forms.
1.
All applicants submitting zoning ordinance amendment request applications
shall be required to complete an application form available from the
Township Zoning Officer and to prepare and submit an impact analysis
and a community benefit summary report to demonstrate the compatibility
of a rezoning proposal.
2.
All applicants shall pay an application fee, as well as a deposit,
in accordance with the official fee schedule, to be held in escrow
to cover the costs incurred with having the plan reviewed by the Township
Planning Commission, the Township Engineer, and Board of Supervisors.
In addition, if an applicant appeals from the decision of the Board
of Supervisors, the applicant shall be responsible for paying for
the costs of having a transcript of that hearing produced and the
Township shall pay for the cost of having any copies made. (Fees to
be set by resolution of the Board of Supervisors.)
C.
Review of rezoning applications.
1.
The applicant shall meet with Township representatives for a pre-rezoning
request review. The purpose of said review shall be to discuss the
general intent of the proposed zoning amendment and outline the necessary
components of the zoning amendment request application.
2.
The applicant shall have 60 days from the date of the pre-zoning
amendment request staff meeting review to file a zoning amendment
request application.
3.
The request for a zoning ordinance amendment may take place in conjunction
with an application for land development. It is recommended to the
applicant that both applications be submitted concurrently.
4.
The Planning Director shall review the zoning ordinance amendment
request application in compliance with the following procedural guidelines:
a.
Upon receipt of an application, the Planning Director will perform
a desk check review of the package to determine the completeness of
the application.
b.
The Planning Director will provide the applicant a letter within
30 business days stating that the application has been submitted with
all required information attached.
c.
If the Planning Director finds the application to be incomplete
or insufficient, the application will be returned to the applicant.
d.
Finding and facts report. When the rezoning application is found
to be complete, the Planning Director, Township Staff or its designee
shall prepare an evaluation assessment identifying concurrencies and/or
differences and summarize this assessment in a report. This report
shall identify the impacts and potential manners in which the resolution
of issues could be addressed. The completed application package and
report shall be forwarded to the Planning Commission for review.
5.
As part of the rezoning approval process, the Planning Commission
and Board of Supervisors shall consider the motivation and implications
of each plan, analysis and report.
6.
Palmer Township shall review the application in compliance with the
following procedural guidelines:
a.
If the rezoning proposal is found to be generally consistent
with the Township's element of the Comprehensive Plan and the
community development objectives of the zoning ordinance, the Planning
Commission shall consider the findings reported as part of the applicant's
impact analysis to determine any projected beneficial and/or detrimental
effects on Palmer Township. The Planning Commission may host a hearing
on the application if they deem it applicable.
b.
The rezoning proposal shall be reviewed through the context
of the Lehigh Valley Planning Commission's rezoning guidelines
to ensure that the proposed zoning ordinance amendment conforms to
the requirements.
c.
Based on these analyses, the Planning Commission shall submit
a written recommendation either in favor or not in favor of the rezoning
proposal, including a specific statement as to whether or not the
proposed zoning ordinance amendment is in accordance with the objectives
of the Comprehensive Plan.
7.
The final recommendation of the Planning Commission shall be forwarded
to the Board of Supervisors.
8.
Upon receipt of the Planning Commission's final recommendations,
the Board of Supervisors shall review the application. In its sole
discretion, the Board of Supervisors may elect to send the proposed
zoning ordinance amendment, with any proposed revisions, to the County
Planning Agency and the Palmer Township Planning Commission. Following
a minimum thirty-day review period for both agencies, the Board of
Supervisors may, in its sole discretion, determine whether to advertise
the proposed zoning ordinance amendment for a public hearing consistent
with the terms of the Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
9.
The Township shall make the decision for approval or denial of the
requested rezoning within 80 days of receipt of a completed rezoning
application, which includes the impact analysis, unless extended by
the applicant. Approval cannot be based on a contingency or condition
of resolving potential negative impacts. If no decision is made by
the Township after this time period, then the application will be
deemed denied.
10.
At any time, an applicant may request an extension of time or
removal of an application from Township consideration.
D.
Application criteria.
1.
Application requirements. The plans and reports that a landowner
and/or developer are to submit shall include:
a.
Conceptual site development plan, if proposed for development.
b.
Topographic survey.
c.
Site conditions report.
d.
Existing zoning of surrounding parcels and closest adjacency
of zoning district identical to request.
e.
Classifications of existing roadways/streets adjacent to and
within 300 feet of the perimeter of the proposed site.
f.
The percentage of proposed dwelling units and any associated
limitations that are specific to a particular segment of potential
residential demographics/socioeconomics.
g.
Impact analysis.
h.
Community benefit summary report.
E.
Impact analysis.
1.
As part of the proposed zoning amendment application, the applicant
shall prepare and submit an impact analysis to identify the benefits
and detrimental effects of the proposed rezoning application.
2.
Impact analysis requirements. The following outlines the information
that is required as part of the rezoning application. Information
shall be presented as a comparison of the impacts that are created
by the existing zoning district and the proposed rezoning classification.
In all instances, the land use permitted in the proposed zoning classification
that creates the greatest impact shall be utilized in the comparison
analysis. Required information includes:
a.
Off-street parking requirements.
b.
Density/floor-area ratio.
c.
Maximum building height.
d.
Geotechnical/stormwater runoff analysis (associated with impervious
surface).
e.
Traffic (average daily trips and peak hour demand for both weekday
and weekends based on conceptual site development plan).
f.
Fiscal impact analysis projecting tax rate changes associated
with the Township, the county and the school district.
g.
Student impact analysis projecting potential increase to school
district population because of proposed rezoning.
h.
Estimated infrastructure (sanitary sewer and potable water)
demands (gallons per day).
i.
Estimated impacts to safety services (Police Department services,
fire department services) based on proposed infrastructure (roadways)
expansion.
j.
A summary of anticipated impacts on adjoining lots, including,
but not limited to, noise, vibration, night-time lighting, service
area locations and visibility, hours of operation.
k.
Depending upon the location of lot access, infrastructure service/demands
and impacts identified on adjoining lots, the Board of Supervisors
may require a landowner and/or developer to prepare other potential
related studies.
l.
Within the impact analysis, the application shall identify impacts
that need mitigation but does not need to propose remedy/resolution
for identified impacts.
F.
Community benefit summary report.
1.
The applicant shall demonstrate with the impact analysis described in Subsection E and with an additional summary report that the majority of uses within the proposed rezoned district will provide benefits to the community greater than that of uses permitted under the current zoning designation, by meeting two or more of the following criteria:
a.
Improved access management.
b.
Fewer average daily trips and peak hour demands.
c.
Fewer impacts to public safety services.
d.
Lower demands on the sanitary sewer and potable water system.
e.
Less potential increase in the school district population.
f.
Reduction of parking requirements.
g.
Potential reduction of impervious surface area.
h.
Fewer impacts related to noise, vibration, and night-time lighting.
i.
Pursuit or achievement of LEED (Leadership in Energy and Environmental
Design) certification or equivalent criteria for building construction
and site development.
G.
Additional information. Township representatives reserve the right
to request additional information as part of the rezoning review and
approval process in order to evaluate the applicability of the rezoning.
Upon completion of the erection, extension or alteration of
a structure or the establishment of the use for which a zoning permit
was issued, the applicant shall request a final inspection. The structure
for which the zoning permit was issued may not be occupied or otherwise
used until a final inspection has been completed by the Zoning Officer.
A.
Within 10 days of request for final inspection, the Zoning Officer
shall inspect the premises to determine if the action taken complies
with the regulations of this chapter. If it does, the Zoning Officer
shall sign the building permit card or sign off on the project within
the ten-day time limitation.
B.
If the action fails to comply with the regulations of this chapter,
the Zoning Officer shall notify the applicant, in writing, of the
reason for not signing the permit card or signing off on the project
and shall state the provisions of this chapter with which the action
does not comply. The applicant may correct the defects cited in the
denial of the Zoning Officer for final approval. If, upon notification
by the applicant and inspection of the premises, the Zoning Officer
finds that the defects have been corrected and that no additional
defects have been created, final approval shall be immediately permitted.
C.
Temporary occupancy. Temporary occupancy may be granted in the manner
prescribed above, pending the completion of a structure to allow for
partial occupancy; issuance of said temporary occupancy shall be at
the discretion of the Zoning Officer. In the event that a temporary
occupancy permit is issued, the applicant shall provide financial
security (which may be an irrevocable letter of credit with a federal-
or commonwealth-chartered lending institution, a restrictive escrow
account in such lending institution, or a personal bond; the nature
of which shall be at the discretion of the Zoning Officer) in an amount
sufficient to guarantee the completion of the improvements within
the prescribed time period and in an amount as set by the Zoning Officer.
The permit shall be valid only until such time as the action for which
the zoning permit was issued is complete, or for a period of six months
after issuance, whichever is less. Upon expiration of the temporary
occupancy permission, the applicant shall apply for permanent occupancy
or, if the action remains incomplete, may apply for one additional
temporary occupancy. If granted, temporary occupancy shall be for
a period of time determined by the Zoning Officer but shall be for
no more than six months after issuance.
D.
Prior to occupancy of a building, other than an owner-occupied single
or two-family dwelling, an emergency contact card shall be completed
for the Police Department.
Failure to comply with any provisions of this chapter shall
be a violation of this chapter.
A.
Complaints regarding violations. Whenever a violation of this chapter
occurs, or is alleged to have occurred, any person may file a complaint
to the Zoning Officer stating fully the causes and basis thereof.
The Zoning Officer shall record such complaint, immediately investigate
and take action thereon as provided by this chapter.
B.
Notice of violation. If the Zoning Officer shall find a violation,
he shall initiate enforcement proceedings by sending an enforcement
notice as provided herein:
1.
The enforcement notice shall be sent to the owner of record of the
lot on which the violation has occurred, to any person who has filed
a written request to receive enforcement notices regarding that parcel,
and to any other person requested in writing by the owner of record.
2.
An enforcement notice shall state the following:
a.
The name of the owner of record and any other person against
whom the Township intends to take action.
b.
The location of the property in violation.
c.
The specific violation with a description of the requirements
which have not been met, citing in each instance the applicable provisions
of this chapter.
d.
The date before which the steps for compliance must be commenced
and the date before which the steps must be completed.
e.
That the recipient of the notice has a right to appeal to the
Zoning Hearing Board within 30 days by filing a request for appeal
in writing with the Zoning Hearing Board within the said 30 days period.
f.
That failure to comply with the notice within the said 30 days,
unless extended by appeal to the Zoning Hearing Board, constitutes
a violation with possible sanctions, which may be as much as $500
per day of each violation plus all court costs, including attorney
fees the Township incurs as a result of prosecution of such violation.
C.
Civil enforcement. The Zoning Officer may institute civil enforcement
proceedings as a means of enforcement if authorized by the Manager
or the Board of Supervisors.
D.
Enforcement provisions and causes of action. Remedies for violation of this chapter are not limited by this chapter and are set forth in Sections 616.1 and 617.1 and 617.2 of Article VI of the Pennsylvania Municipalities Planning Code,[1] as amended.
[1]
Editor's Note: See 53 P.S. §§ 10616.1, 10617.1,
and 10617.2.
Any appeal from a decision or action of the Board of Supervisors
or of any officer or agency of the Township in matters pertaining
to this chapter shall be made in accordance with Article X-A of the
Pennsylvania Municipalities Planning Code,[1] as amended.
[1]
Editor's Note: See 53 P.S. §§ 11001-a through
11006-a.
The regulations, restrictions and district boundaries set forth in this chapter may, from time to time, be amended through action of the Board of Supervisors in the manner provided by Sections 609 through 611 of Article VI of the Pennsylvania Municipalities Planning Code,[1] as amended.
[1]
Editor's Note: See 53 P.S. §§ 10609 through
10611.
B.
Hearings. The Board shall conduct hearings and make decisions in accordance with the procedures stipulated in Section 908 of Article IX of the Pennsylvania Municipalities Planning Code,[2] as amended. Notice shall be given to the public, the applicant,
the Zoning Officer, the Township Manager and to any person who has
made timely request for the same. Notice shall be given at such time
and in such manner as shall be prescribed by the rules of the Board.
Notice shall also be conspicuously posted on the affected tract of
land for at least seven consecutive days prior to the hearing. The
posting shall consist of a sign at least 30 inches by 30 inches.
[2]
Editor's Note: See 53 P.S. § 10908.
D.
Parties appellant before the Board. Appeals as applicable and as
amended, may be filed with the Board in writing by the landowner affected,
and any officer or agency of the Township, or any person aggrieved.
