A.
Membership and terms. The Supervisors shall appoint
by resolution a Zoning Hearing Board consisting of three or five members
who are residents of the Township and who shall hold no other Township
office. The terms of office shall be three years for a three-member
Board and five years for a five-member Board. The terms shall be fixed
so that the term of office of one member shall expire each year. The
Board shall promptly notify the Supervisors of any vacancies. Appointments
to fill vacancies shall be only for the unexpired portion of the term.
[Amended 7-16-2013 by Ord. No. 342-13]
B.
Alternates. The Supervisors may appoint by resolution at least one but no more than three Township residents to serve as alternate members of the Board. The term of office shall be three years. Alternates shall hold no other office in the Township. When seated and designated as a voting member as provided in § 350-61B, the alternate shall be entitled to participate in all proceedings and discussions of the Board to the same and full extent as provided by law for Board members, including specifically the right to cast a vote as a voting member during the proceedings, and shall have all the powers and duties set for the MPC[1] and otherwise provided by law.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
Any Board member may be removed for malfeasance,
misfeasance or nonfeasance in office or for other just cause by a
majority vote of the Supervisors, taken after the member has received
15 days' advance notice of the intent to take such a vote. A hearing
shall be held in connection with the vote if the member shall request
it in writing.
A.
Officers. The Board shall, at its first meeting each
year, elect a Chairman from its membership to serve until a successor
has been elected.
B.
Meetings. Meetings shall be open to the public and
shall be called by the Chairman and at such other times as the Board
shall specify in its rules of procedure. For the conduct of any hearing
and the taking of any action, a quorum shall be not less than a majority
of all the members of the Board, but the Board may appoint a hearing
officer from its own membership to conduct any hearing on its behalf
and the parties may waive further action by the Board as provided
in MPC Section 908.[1] If, by reason of absence or disqualification of a member,
a quorum is not reached, the Chairman of the Board shall designate
as many alternate members of the Board to sit on the Board as may
be needed to provide a quorum. Any alternate member of the Board shall
continue to serve on the Board in all proceedings involving the matter
or case for which the alternate was initially appointed until the
Board has made a final determination of the matter or case. Designation
of an alternate pursuant to this section shall be made on a case-by-case
basis in rotation according to declining seniority among all alternates.
[1]
Editor's Note: See 53 P.S. 10908.
C.
Rules and forms of procedure. The Board may make,
alter and rescind rules and forms for its procedure, consistent with
ordinances of the Township and laws of the commonwealth.
D.
Records. The Board shall keep full public records
of its business, including minutes of its proceedings, showing the
vote of each member upon each question, or if absent or failing to
vote, indicating such fact, and shall keep records of its examinations
and other official actions, all or which shall be immediately filed
in the office of the Board and which shall be the property of the
Township. The Board shall submit a report of its activities to the
Supervisors as requested by the Supervisors.
E.
Expenditures for services. Within the limits of funds appropriated by the Supervisors, the Board may employ or contract for secretaries, clerks, legal counsel, consultants and other technical and clerical services. Members of the Board may receive compensation for the performance of their duties, as may be fixed by the Supervisors, but in no case shall it exceed the rate of compensation authorized to be paid to the Supervisors. Alternate members of the Board may receive compensation, as may be fixed by the Supervisors, for the performance of their duties when designated as alternate members pursuant to § 350-61B, but in no case shall such compensation exceed the rate of compensation authorized to be paid to the Supervisors.
As prescribed by the MPC,[1] the Board shall have exclusive jurisdiction to hear and
render final adjudications in the following matters:
A.
Substantive challenges to the validity of any land
use ordinance, except those brought before the Supervisors by a landowner
together with a request for a curative amendment.
B.
Challenges to the validity of a land use ordinance
raising procedural questions or alleged defects in the process of
enactment or adoption, which challenges shall be raised by an appeal
taken within 30 days after the effective date of said ordinance.
C.
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 therefor, the issuance of any
cease and desist order or the registration or refusal to register
any nonconforming use, structure or lot.
D.
Appeals from a determination by a municipal 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.
G.
Appeals from the determination of any officer or agency
charged with the administration of any transfers of development rights
or any performance density provisions of this chapter.
I.
Appeals from the determination of the Zoning Officer or Township Engineer in the administration of any land use ordinance or provision thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relate to development not involving applications under Article V, Subdivision and Land Development, or Article VII, Planned Residential Development, of the MPC.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
The Board shall conduct hearings and make decisions
in accordance with Section 908 of the MPC[1] and the following requirements:
A.
Notice. Public notice shall be given and written notice
shall be given to the applicant, the Zoning Officer, such other persons
as the Supervisors shall designate by ordinance and to any person
who has made timely request for public notice. Written notices shall
be given at such time and in such manner as shall be prescribed by
ordinance or, in the absence of ordinance provision, by rules of the
Board. In addition, written notice shall be conspicuously posted on
the affected tract of land at least one week prior to the hearing.
Written notices shall also be sent to adjacent property owners and
property owners within 300 feet of the property involved in the application
for a variance or special exception. Notices shall be sent by regular
mail no more than 30 days nor less later than seven days prior to
the date of the hearing.
(1)
The hearing shall be held within 60 days from the
date of receipt of the applicant's appeal or application, unless the
applicant has agreed in writing to an extension of time.
(2)
The hearings shall be conducted by the Board, or the
Board may appoint any member as a hearing officer. The decision or,
where no decision is called for, the findings shall be made by the
Board; however, the appellant or the applicant, as the case may be,
in addition to the Township, may, prior to the decision of the hearing,
waive decision or findings by the Board and accept the decision or
findings of the hearing officer as final.
B.
Parties. The parties to the hearing shall be 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, permitted to appear by the Board. The
Board shall have power to require that all persons who wish to be
considered parties enter appearances in writing on forms provided
by the Board for that purpose.
C.
The Chairman or Acting Chairman of the Board or the
hearing officer presiding shall have power to administer oaths and
issue subpoenas to compel the attendance of witnesses and the production
of relevant documents and papers, including witnesses and documents
requested by the parties.
D.
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.[2]
E.
Stenographic record. The Board or the hearing officer,
as the case may be, shall keep a stenographic record of the proceedings.
The appearance fee for a stenographer shall be shared equally by the
applicant and the Board. The cost of the original transcript shall
be paid by the Board if the transcript is ordered by the Board or
hearing officer or shall be paid by the person appealing from the
decision of the Board if such appeal is made, and in either event
the cost of additional copies shall be paid by the person requesting
such copy or copies. In other cases, the party requesting the original
transcript shall bear the cost thereof.
F.
Communication. 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, shall not take notice of any communication,
reports, staff memoranda, or other materials, except advice from their
solicitor, unless the parties are afforded an opportunity to contest
the material so noticed, and shall not inspect the site or its surroundings
after the commencement of hearings with any party or his representative
unless all parties are given an opportunity to be present.
G.
Decision and findings. The Board or the hearing officer,
as the case may be, shall render a written decision or, when no decision
is called for, make written findings on the application within 45
days after the last hearing before the Board or hearing officer. Where
the application is contested or denied, each decision shall be accompanied
by findings of fact and conclusions based thereon together with the
reasons therefor. Conclusions based on any provisions of this act
or of any ordinance, rule or regulation shall contain a reference
to the provision relied on and the reasons why the conclusion is deemed
appropriate in light of the facts found.
H.
When there has been no stipulation that the hearing
officer's decision or findings are final. If the hearing is conducted
by a hearing officer and there has been no stipulation that the hearing
officer's decision or findings are final, the Board shall make the
hearing officer's report and recommendations available to the parties
within 45 days, and the parties shall be entitled to make written
representations thereon to the Board prior to final decision or entry
of findings, and the Board's decision shall be entered no later than
30 days after the report of the hearing officer.
I.
Failure to render a decision within the period required.
Where the Board fails to render the decision within the period required
by the MPC or fails to hold the required hearing within 60 days from
the date of the applicant's request for a hearing, the provisions
of Section 908(9) of the MPC[3] shall apply unless the applicant has agreed in writing
or on the record to an extension of time.
[3]
Editor's Note: See 53 P.S. § 10908(9).
J.
Notice of decision and findings. A copy of the final
decision or, where no decision is called for, of the findings shall
be delivered to the applicant personally or mailed to him not later
than the day following its date. To all other persons who have filed
their name and address with the Board not later than the last day
of the hearing, the Board shall provide by mail, or otherwise, brief
notice of the decision or findings and a statement of the place at
which the full decision or findings may be examined.
[1]
Editor's Note: See 53 P.S. § 10908.
A.
Time limitations.
(1)
Landowner appeals. All appeals from determinations
adverse to the landowner shall be filed by the landowner within 30
days after notice of the determination is issued.
(2)
Appeals by other aggrieved parties. No person shall be allowed to file any proceeding with the Board later than 30 days after an application for development, preliminary or final, has been approved by an appropriate municipal officer, agency or body if such proceeding is designed to secure reversal or to limit the approval in any manner unless such person alleges and proves that he had no notice, knowledge, or reason to believe that such approval had been given. If such person has succeeded to his interest after such approval, he shall be bound by the knowledge of his predecessor in interest. The failure on anyone other than the landowner to appeal from an adverse decision on a tentative plan pursuant to § 350-28E, "Tentative approval," of this chapter or from an adverse decision by the Zoning Officer on a challenge to the validity of an ordinance or map pursuant to section 916.2 of the MPC[1] shall preclude an appeal from a final approval except
in the case where the final submission substantially deviates from
the approved tentative approval.
[1]
Editor's Note: See 53 P.S. § 10916.2.
B.
Who may appeal. Appeals may be made to the Board by
any landowner affected, any officer or agency of the Township, or
any person aggrieved.
C.
All appeals and applications to the Board shall be
submitted to the Zoning Officer in accordance with the rules of procedure
established by the Board.
D.
All appeals and applications shall contain the following:
(1)
A written application on the form prescribed by the
Board referring to the specific provisions of this chapter which are
involved and setting forth the reasons which would justify the granting
of a variance, special exception or other requested determination;
(2)
The fee required by resolution of the Supervisors;
and
(3)
Seven copies of the site plan when applicable.
A.
Board functions. The Board shall hear and decide requests for variances where it is alleged that the provisions of this Chapter 350, Zoning, inflict unnecessary hardship upon the applicant.
B.
Who may apply. The landowner or tenant with the permission
of such landowner may apply for relief where it is alleged that the
provisions of this chapter inflict unnecessary hardship upon the applicant
or upon appeal from a decision of the Zoning Officer.
C.
Findings required. No variance shall be granted until
the applicant has established and the Board has made all of the following
findings where relevant in a given case:
(1)
That 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)
That 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 that the authorization
of a variance is therefore necessary to enable the reasonable use
of the property.
(3)
That such unnecessary hardship has not been created
by the appellant.
(4)
That 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.
(5)
That 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.
D.
Conditions. In granting any variance, the Board may
attach such reasonable conditions and safeguards, in addition to those
expressed in this chapter, as it may deem necessary to implement the
purposes of this chapter.
E.
Expiration. A variance granted by the Board shall
expire automatically without written notice to the applicant if no
application for a zoning permit, building permit or grading permit
to undertake the work described in the decision granting the variance
has been submitted within 12 months of said decision, unless the Board,
in its sole discretion, extends the variance upon written request
of the applicant received prior to its expiration or unless the Board
specifically grants a longer period of time in its decision. The maximum
extension permitted shall be one twelve-month extension. A variance
granted by the Board prior to the adoption of this section shall be
subject to the provisions of this section; however, the twelve-month
period shall begin with the date of adoption of this section.
F.
Additional requirements in floodplain districts. See §§ 350-78C(5), Special exceptions and variances: additional factors to be considered, and 350-79E, Variances.
A.
Board's function. Where this chapter, in accordance
with the use regulations for the zoning district in which a property
is located, allows uses by special exception granted or denied by
the Board pursuant to express standards and criteria, the Board shall
hear and decide requests for such special exceptions in accordance
with such standards and criteria and general criteria set forth in
this chapter.
B.
Who may apply. The landowner or any tenant with the
permission of such landowner may apply for a special exception.
C.
Conditions. In granting any special exception, the
Board may attach such reasonable conditions and safeguards, in addition
to those expressed in this chapter, as it may deem necessary to implement
the purposes of this chapter.
D.
Expiration. A special exception granted by the Board
shall expire automatically without written notice to the applicant
if no application for a zoning permit, building permit, or grading
permit to undertake the work described in the decision granting the
special exception has been submitted within 12 months of said decision,
unless the Board, in its sole discretion, extends the special exception
upon written request of the applicant received prior to its expiration
or unless the Board specifically grants a longer period of time in
its decision. The maximum extension permitted shall be one twelve-month
extension. A special exception granted by the Board prior to the adoption
of this section shall be subject to the provisions of this section;
however, the twelve-month period shall begin with the date of adoption
of this section.
E.
Additional requirements in floodplain districts. See § 350-78C(5), Special exceptions and variances: additional factors to be considered.
A.
Upon filing of any proceeding for an appeal under § 350-62A, B, C, D, G, H, and I of this chapter and during its pendency before the Board, all land development pursuant to any challenged ordinance, order or approval of the Zoning Officer or of any agency or body, and all official action thereunder, shall be stayed unless the Zoning Officer or any other appropriate agency or body certifies to the Board facts indicating that such stay would cause imminent peril to life or property, in which case the development or official action shall not be stayed otherwise than by a restraining order, which may be granted by the Board or by the court having jurisdiction of zoning appeals, on petition, after notice to the Zoning Officer or other appropriate agency or body.
B.
When an application for development, preliminary or
final, has been duly approved and proceedings designed to reverse
or limit the approval are filed with the Board by persons other than
the applicant, the applicant, in accordance with the provisions of
Section 915.1 of the MPC,[1] may petition the court having jurisdiction of zoning appeals
to order such persons to post bond as a condition to continuing the
proceedings before the Board.
[1]
Editor's Note: See 53 P.S. § 10915.1.
