Dear Northampton,
In recent months, the Township has received questions about the land development process. To help address this complicated issue, the following “Land Development Process Q&A” article will run in the Township’s Summer Newsletter arriving in mailboxes in the coming week. Catch a sneak peek!
Land Development Process Q&A
Q: What Boards and Commissions are involved with deciding a plan approval?
A: The Board of Supervisors serves as the legislative body of the Township, setting policy, enacting ordinances and resolutions, adopting budgets, and levying taxes. The Board of Supervisors plays the central role in the township government. Article 15 of the Second Class Township Code (Pennsylvania Law that regulates townships) places general supervision of the affairs of the township in the hands of the board of supervisors. The board serves as the legislative body of the township, setting policy, enacting ordinances and resolutions, adopting budgets, and levying taxes.
A: The Planning Commission is a group of citizens whose primary role is to advise the Board of Supervisors on issues and policies related to planning, land use regulation, and community development including land development plans. The planning commission is advisory only and the Board of Supervisors are not bound to their recommendations.
A: The Zoning Hearing Board is a judicial group of citizens appointed by the Board of Supervisors that provides the legal mechanism for considering appeals from property owners seeking variances from zoning requirements, special exceptions, interpretations of the zoning regulations, and challenges of the validity of land use determinations.
The Zoning Hearing Board’s role, which is set out in Article IX of the Pennsylvania Municipalities Planning Code is to interpret and apply the current Township Zoning Ordinance (local zoning laws) to an application.
The Zoning Hearing Board is NOT permitted to ignore, alter or rewrite the Zoning Ordinance.
It is also important to note that the Zoning Hearing Board does not enforce the Zoning Ordinance or violations, or even its decisions. That is the job of the Township’s Zoning Officer and Board of Supervisors. Once the Zoning Hearing Board makes its decisions, its role at the Township level is completed.
Q: What is a use by right in a zoning ordinance?
A: A use by right is a designation in a zoning district that authorizes an applicant to obtain a zoning permit from the zoning officer for that use provided they meet the criteria in the zoning ordinance for that particular district. A use by right does not require any additional hearings or approvals.
Q: What is a conditional use?
A: A conditional use is when a particular use is permitted in a specific zoning district, but the applicant must first apply to the Board of Supervisors and go through a hearing process before approval is granted. The board may attach reasonable conditions to the approved application and may only reject the application if it does not meet the criteria in the zoning ordinance.
Q: What is a special exception how is it different from a conditional use?
A: A special exception is also when a particular use is permitted in a specific zoning district, but the applicant must first ask the zoning hearing board for approval and go through a hearing process. The Zoning Hearing Board may attach reasonable conditions to an approved application. The board may only reject the proposed use if the applicant does not meet the criteria in the zoning ordinance.
Q: What is a variance?
A: A variance is a relief that is granted under the provisions of the zoning ordinance and authorizes a property owner to use his land for something that may not otherwise be allowed because of the location, size, shape, or other attributes of the property. Only the Zoning Hearing Board may grant a variance to a property owner after holding a public hearing.
Q: May the Board of Supervisors overturn a decision of the Zoning Hearing Board if it doesn’t agree with the decision?
A: No. If the Board of Supervisors does not agree with a decision of the Zoning Hearing Board, it must appeal the decision to the County Court of Common Pleas.
Q: May the Board of Supervisors appeal a decision of the Zoning Hearing Board if it disagrees with that decision.
A: Yes.
Q: How can we learn more about special exceptions, conditional uses, and variances?
A: The Governor’s Center for Local Government Services has several useful publications on the Municipalities Planning Code and the planning process, which are available free of charge online. To view these publications, go to www.dced.pa.gov and choose “Local Government”, and the “Publications and Documents”. The free downloads are available by choosing “Library”.
Source: Modify from article in Pennsylvania Township News, January 2021
