Township of Allen, PA APPEALS AND AMENDMENTS

§ 27-2000 Appeals and Jurisdiction.

[Ord. 2000-03, 9/14/2000, Art. XX, § 2000]

The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudications in the following matters:

Substantive challenges to the validity of a land use ordinance, except those brought before the Board of Supervisors pursuant to Sections 10609.1 and 10916.1(a)(2) of the Pennsylvania Municipalities Planning Code (MPC).

Challenges to the validity of a land use ordinance raising procedural questions or alleged defects in the process of enactment or adoption which challenges should be raised by an appeal taken within 30 days after the effective date of said ordinance.

Appeals from the determination of the Zoning Officer, including, but not limited to, the granting or denial of any permit, or failure to act on the application thereof, the issuance of any cease and desist order or the registration or refusal to register any nonconforming use, structure, or lot.

Appeals from a determination by the Township Engineer or the Zoning Officer with reference to the administration of any floodplain or flood hazard ordinance or such provisions within a land use ordinance.

Applications for variances from the terms of this chapter and Flood Hazard Ordinance or such provisions within a land use ordinance, pursuant to § 27-1905 of this chapter.

Appeals from the Zoning Officer's determination under § 10916.2 of the MPC.

The Board of Supervisors or, except as to Subsections 2 and 3, the planning agency, if designated, shall have exclusive jurisdiction to hear and render final adjudications in the following matters:

All applications for approval of a planned residential development.

All applications for approval of subdivisions or land developments under Article V of the MPC and/or this Township's Subdivision and Land Development Ordinance [Chapter 22]. Any provision in a subdivision and land development ordinance requiring that final action concerning subdivision and land development applications be taken by a planning agency rather than the Board of Supervisors, shall invest exclusive jurisdiction in the planning agency in lieu of the Board of Supervisors for purposes of this subsection.

Applications for curative amendment to a zoning ordinance pursuant to Sections 10609.1 and 10916.1(a)(2) of the MPC.

All petitions for amendments to land use ordinances, pursuant to the procedures set forth in Section 10609 of the MPC. Any action on such petitions should be deemed legislative acts, provided that nothing contained in this clause shall be deemed to enlarge or diminish existing law with reference to appeals to court.

Appeals from the determination of the Zoning Officer or the Township Engineer in the administration of any land use ordinance or provisions thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relate to application for land development under Articles V and VII of the MPC. Where such determination relates only to development not involving an Article V or VII application, the appeal from such determination of the Zoning Officer or the Township Engineer shall be to the Zoning Hearing Board pursuant to Subsection 2A(8) of this section.

Applications for a special encroachment permit pursuant to Section 10405 of the MPC, and applications for a permit pursuant to Section 10406 of the MPC.

Application for conditional use approval under the express provisions of this chapter.

§ 27-2001 Court Appeals.

[Ord. 2000-03, 9/14/2000, Art. XX, § 2001]

All appeals from all land use decisions rendered pursuant to this Part shall be taken to the Court of Common Pleas of the judicial district wherein the land is located and shall be filed within 30 days after entry of the decision, or in other cases of deemed decision, within 30 days after the notice of said deemed decision is given as set forth in § 1912(k) of this chapter.

§ 27-2002 Validity of Ordinance; Substantive Questions.

[Ord. 2000-03, 9/14/2000, Art. XX, § 2002]

A landowner who, on substantive grounds, desires to challenge the validity of an ordinance or map or any provision thereof, which prohibits or restricts the use or development of land in which he has an interest, shall submit the challenge either:

To the Zoning Hearing Board under § 27-2000, Subsection 1, of this Part.

To the Board of Supervisors under § 27-2000, Subsection 2B, of this Part, together with a request for a curative amendment under Section 10609.1 of the MPC.

Persons aggrieved by a use or development permitted on the land of another by an ordinance or map, or any provision thereof, who desire to challenge its validity on substantive ground shall first submit their challenge to the Zoning Hearing Board for a decision thereon under § 27-2000, Subsection 1A, of this Part.

The submissions referred to in Subsections 1 and 2 shall be governed by the following:

In challenges before the Zoning Hearing Board, the challenging party shall make a written request to the Board that it hold a meeting on its challenge. The request shall contain the reasons for the challenge. Where the landowner desires to challenge the validity of such ordinance and elects to proceed by curative amendment under Section 10609.1 of the MPC, his application to the Board of Supervisors shall contain, in addition to the requirements of the written request hereof, the plans and explanatory materials describing the use or development proposed by the landowner in lieu of the use for development permitted by the challenged ordinance or map. Such plans or other materials shall not be required to meet the standards prescribed for preliminary, tentative, or final approval or for the issuance of a permit, so long as they provide reasonable notice of the proposed use or development and a sufficient basis for evaluating the challenged ordinance or map in light thereof. Nothing herein contained shall preclude the landowner from first seeking a final approval before submitting his challenge.

The landowner shall make a written request to the Board that it hold a hearing on his challenge. The request shall contain a short statement reasonably informing the Board of the matters that are in issue and the grounds for challenge.

If the submission is made by the landowner to the Board or Supervisors under Subsection 1B of this section, the request also shall be accompanied by an amendment or amendments to the chapter proposed by the landowner to cure the alleged defects therein.

If the submission is made to the Board of Supervisors, the Township Solicitor shall represent and advise it at the hearing or hearings referred to in § 27-2000, Subsection 2B, of this chapter.

The Board of Supervisors may retain an independent attorney to present the defense of the challenged ordinance or map on its behalf and to present their witnesses on its behalf.

Based upon testimony presented at the hearing or hearings, the Board of Supervisors or the Zoning Board, as the case may be, shall determine whether the challenged ordinance or map is defective, as alleged by the landowner. If a challenge heard by the Board of Supervisors is found to have merit, the Board of Supervisors shall proceed as provided in Section 10609.1 of the MPC. If a challenge heard by a Zoning Hearing Board is found to have merit, the decision of the Zoning Hearing Board shall include recommended amendments to the challenged ordinance which will cure the defects found. In reaching its decision, the Zoning Hearing Board shall consider the amendments, plans, and explanatory material submitted by the landowner and shall also consider:

(1)

The impact of the proposal upon roads, sewer facilities, water supplies, schools, and other public service facilities.

(2)

If the proposal is for a residential use, the impact of the proposal upon regional housing needs and the effectiveness of the proposal in providing housing units of a type actually available to and affordable by classes or persons otherwise unlawfully excluded by the challenged provisions of the ordinance or map.

(3)

The suitability of the site for the intensity of use proposed by the site's soils, slopes, woodlands, wetlands, floodplains, aquifers, natural resources and other natural features.

(4)

The impact of the proposed use on the site's soils, slopes, woodlands, wetlands, floodplains, natural resources and natural features, the degree to which these are protected or destroyed, the tolerance of the resources to development and any adverse environmental impacts.

(5)

The impact of the proposal on the preservation of agriculture and other land uses which are essential to public health and welfare.

The Board of Supervisors or the Zoning Hearing Board, as the case may be, shall render its decision within 45 days after the conclusions of the last hearing.

If the Board of Supervisors or Zoning Hearing Board, as the case may be, fails to act on the landowner's request within the time limits referred to in Subsection 3F, a denial of the request is deemed to have occurred on the 46th day after the close of the last hearing.

The Zoning Hearing Board or Board of Supervisors, as the case may be, shall commence its hearing within 60 days after the request is filed unless the landowner requests or consents to an extension of time.

Public notice of the hearing shall include notice that the validity of the ordinance or map is in question and shall give the place where and the times when a copy of the request, including any plans, explanatory material or proposed amendments may be examined by the public.

The challenge should be deemed denied when:

The Zoning Hearing Board or Board or Supervisors, as the case may be, fails to commence the hearing within the time limits set forth in Subsection 4.

The Board of Supervisors notifies the landowner that it will not adopt the curative amendment.

The Board of Supervisors adopts another curative amendment which is unacceptable to the landowner.

The Zoning Hearing Board or governing body, as the case may be, fails to act on the request 45 days after the close of the last hearing on the request, unless the time is extended by mutual consent by the landowner and Township.

Where a curative amendment proposal is approved by the grant of a curative amendment application by the Board of Supervisors pursuant to § 27-2000, Subsection 2B, of this chapter or a validity challenge is sustained by the Zoning Hearing Board pursuant to § 27-2000, Subsection 1A, or the court acts finally on appeal from denial of a curative amendment proposal or a validity challenge, and the proposal or challenge so approved requires a further application for subdivision or land development, the developer shall have two years from preliminary or tentative approval pursuant to Article V or VII of the MPC. Within the two-year period, no subsequent change or amendment in the zoning, subdivision, or other governing ordinance or plan shall be applied in any manner which adversely affects the rights of the applicant as granted in the curative amendment or the sustained validity challenge. Upon the filing of the Preliminary or Tentative Plan, the provisions of Section 10508(4) of the MPC shall apply. Where the proposal appended to the curative amendment application or the validity challenge is approved but does not require further application under any subdivision or land development ordinance, the developer shall have one year within which to file for a building permit. Within the one-year period, no subsequent change or amendment in the zoning, subdivision, or other governing ordinance or plan shall be applied in any manner which adversely affects the rights of the applicant as granted in the curative amendment of the sustained validity challenge. During these protected periods, the court shall retain or assume jurisdiction for the purpose of awarding such supplemental relief as may be necessary.

§ 27-2003 Power of Amendment.

[Ord. 2000-03, 9/14/2000, Art. XX, § 2003]

The Board of Supervisors may from time to time amend, supplement, change, modify or repeal this chapter, including the Zoning Map. When doing so, the Board of Supervisors shall proceed in the manner prescribed in this Part.

§ 27-2004 Who May Initiate.

[Ord. 2000-03, 9/14/2000, Art. XX, § 2004]

Proposals for amendment, supplement, change, modification, or repeal may be initiated by the Board of Supervisors on its own option, by the Planning Commission, or by petition of one of more owners of property to be affected by the proposed amendment, subject to the following provisions:

Proposals Originated by the Board of Supervisors. The Board of Supervisors shall refer every proposed amendment, supplement, change, modification, or repeal originated by the Board to the Planning Commission. Within 30 days of the submission of said proposal, the Planning Commission shall submit for the Board of Supervisors a report containing the Commission's recommendation, including any additions or modifications to the original proposal. Within this period of time, the Lehigh Valley Planning Commission shall forward its review to the Board of Supervisors and the Planning Commission.

Proposals Originated by the Planning Commission. The Planning Commission may at any time transmit to the Board of Supervisors any proposal for the amendment, supplement, change, modification, or repeal of this chapter.

Proposals Originated by a Citizen's Petition. Each petition by one or more owners of property to be affected by a proposal for amendment, supplement, change, or modification, shall be signed and acknowledged and submitted in writing to the Secretary of the Board of Supervisors and accompanied by an impact statement pursuant to § 27-2005 of this chapter. On receipt of said petition, the Board of Supervisors shall transmit a copy of the petition to the Planning Commission. Within 45 days after its submission to the Planning Commission, the Commission shall submit to the Board of Supervisors a report containing the Commission's recommendation, including any additions to or modifications of the original proposal.

§ 27-2005 Impact Statement.

[Ord. 2000-03, 9/14/2000, Art. XX, § 2005]

A change in zoning generally means a deviation from the previously planned growth pattern of the Township. Such changes invariably have an impact on the community, on the environment, or on taxes. A detailed statement of these impacts is, therefore, to be submitted pursuant to this Part. Such statement shall contain the following:

Agricultural Impact. What effect will the proposed change have on existing farm operation? The amount and classification of soils to be taken out of production and the percentage of those soils in the agricultural area. Methods of limiting public intrusion on neighboring farmland.

Environmental Impact. Is there any change in existing environmental standards? If so, what is the predicted impact on stormwater runoff, aquifer recharge, water quality, microclimate, erosion, wildlife habitats, scenic areas, views, and the general amenity of the community? An assessment shall also be made of the existing environment and an evaluation made if no zoning change was proposed.

Transportation Impact. Analysis of existing road capabilities adjacent to site and from the site to bounds of Township. Indication of projected destinations of trips, and total trip generation based on rates identified by the Institution of Transportation Engineers. Capacities for arterial and collector roads shall be considered to be PennDOT Level C. All hazardous or congested areas, existing or to be created, shall be identified. Recommended improvements and their costs shall be listed.

Service Impact. Define demand for public services, sewer, water, police, schools. Where standards of use are set by other agencies such as the Department of Environmental Protection, these shall be used. For school, the following school children yields shall be used:

	1 Bedroom	2 Bedrooms	3 Bedrooms	4 or More Bedrooms
Single-Family, Duplex	—	—	0.63	1.30
Townhouse	—	0.22	0.65	1.05
Garden Apartments	0.05	0.35	0.60	—

All capacities of existing facilities shall be identified and compared with demands that would be generated if the proposal were implemented.

Regional Impact. Regional housing needs shall be examined and Township performance with respect to these identified. Demand created for additional shopping and private commercial stores and impact on established local shopping conditions.

§ 27-2006 Notice of Hearing.

[Ord. 2000-03, 9/14/2000, Art. XX, § 2006]

No such amendment, supplement, change, modification, or repeal shall become effective until after a public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard. Public notice of each hearing to consider amendments (except continued hearings) shall be given not more than 30 days and not less than seven days in advance of any public hearing. Such notice shall state the time and place and the particular nature of the proposed amendment. In compliance with 53 P.S. § 10609(e), at least 30 days prior to the public hearing on the amendment to the zoning ordinance, such amendments shall be submitted to the Lehigh Valley Planning Commission for its recommendation.