A.
Appointment.
[Amended 2-17-1997]
(1)
The members of the Zoning Hearing Board shall
consist of five residents of the Township appointed by resolution
of the Board of Supervisors. Each term of office shall be five years
and shall be so fixed that the term of office of one member shall
expire each year. The Zoning Officer shall not be eligible to serve
as a member.
(2)
The Board of Supervisors of East Brandywine
Township shall annually appoint two alternate members to the East
Brandywine Township Zoning Hearing Board. Said members shall be residents
of East Brandywine Township. The Zoning Officer shall not be eligible
to serve as an alternate member.
[Added 3-17-1998 by Res. No. 98-07; amended 8-20-2003 by Ord. No. 03-04]
B.
Vacancies. Appointments to fill vacancies on the Zoning
Hearing Board shall be for the duration of the unexpired portion of
the term only.
C.
Removal of members. Any member of the Zoning Hearing
Board may be removed for malfeasance, misfeasance, or nonfeasance
in office or for other just cause by a majority vote of the Board
of Supervisors. No vote shall take place until such time as the member
has received a fifteen-day 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.
D.
The term "Board," when used in this article, shall
mean the Zoning Hearing Board.
A.
Conduct of the Board. The Zoning Hearing Board shall
elect from its own membership its officers, who shall serve annual
terms as such and may succeed themselves. 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. The Board may appoint a hearing officer
from its own membership to conduct the hearing on its behalf, and
the parties may waive further action by the Board and accept the decision
or findings of the hearing officer as final, as provided in § 908
of the Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10908.
B.
Establishment of procedure. The Zoning Hearing Board
may make, alter and rescind rules and forms for its procedure consistent
with the ordinances of the Township and the laws of the commonwealth.
Such rules and forms may require applicants and/or parties to Board
proceedings to provide properly certified or authenticated surveys,
plans, reports and like documents to the Board. The Board shall maintain
full public records of its business.
[Amended 4-5-1995]
A.
Expenditures. Within the limits of funds appropriated
by the Board of Supervisors, the Zoning Hearing 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 established
by the Board of Supervisors.
B.
Fees. An applicant before the Zoning Hearing Board
shall deposit with the Zoning Officer the appropriate filing fee.
Fees shall be established by resolution of the Board of Supervisors,
for purposes as prescribed in § 908(1.1) of the Municipalities
Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10908(1.1).
The Zoning Hearing Board shall function in strict
accordance with and pursuant to the Municipalities Planning Code and
shall have the following powers and functions:
A.
Appeals from the Zoning Officer. The Board shall hear
and decide appeals where it is alleged that the Zoning Officer has
failed to follow prescribed procedures or has misinterpreted or misapplied
any provision of a valid ordinance or map of the Township or any valid
rule or regulation covering the duties of the Zoning Officer.
B.
Special exceptions. The Board shall hear and decide requests for special exceptions authorized by this chapter in accordance with the standards and criteria set forth below. The Board may attach such reasonable conditions and safeguards as it may deem necessary, as prescribed in § 399-145, to implement the purposes of this chapter.
C.
Variances. The Board shall hear requests for variances where it is alleged that the provisions of this chapter create unnecessary hardship on an applicant when applied to a tract of land. In granting a variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary, including those prescribed in § 399-144, to implement the purposes of this chapter.
D.
Validity of the Zoning Ordinance. The Board shall
hear and make findings on challenges to the validity of any provision
of this chapter with respect to substantive questions.
The Zoning Hearing Board shall conduct hearings
and make decisions in accordance with the following requirements:
A.
Filing appeals and requests to the Zoning Hearing
Board. Requests for hearings before the Zoning Hearing Board shall
be made as follows:
(1)
An appeal to the Zoning Hearing Board may be
filed by the landowner affected, any officer or agency of the Township,
or any person aggrieved. Such appeal shall be taken within the time
as stipulated by the Municipalities Planning Code and the rules of
the Board, by filing with the Zoning Officer a notice of appeal specifying
the grounds thereof. The Zoning Officer shall forthwith transmit to
the Board all the papers constituting the record upon which the action
appealed from was taken.
(2)
A request for a variance or special exception
may be filed by any landowner, or any tenant with evidence of consent
from the landowner.
(3)
The appropriate fee, established by the Township,
shall be paid in advance for each appeal or application for a special
exception or variance.
B.
Notice. Upon filing a request for a hearing, the Board
shall fix a reasonable time and place for a public hearing and shall
give notice thereof as follows:
(2)
By providing, by certified mail, a written notice
thereof to the applicant at least 14 days before the date fixed for
the hearing.
(3)
By mailing a written notice thereof to the Zoning
Officer, the Township Secretary, each member of the Board of Supervisors,
each member of the Planning Commission, the Director of the Chester
County Planning Commission, and to every person or organization who
shall have registered with the Board for the purpose of receiving
such notices, accompanied by the appropriate mailing fee. The Board
of Supervisors may fix an annual fee for provision of notices to such
registered persons or organizations.
(4)
By posting the written notice of said hearing
in a conspicuous location on the affected tract of land, at least
one week prior to the hearing.
(5)
When the Board shall so order, by mailing or
delivering written notice thereof to the owner, if his residence is
known, or to the occupier of every lot on the same street within 1,000
feet (measured along the street frontage) of the lot or building in
question, and of every lot not on the same street but within a one-thousand-foot
radius of the said lot or building, provided that failure to give
notice as required by this paragraph shall not invalidate any action
taken by the Board.
(6)
The notice herein required shall state the location
of the lot or building and the general nature of the question involved.
C.
Timing. A hearing shall be held within 60 days from the official
application date requesting a hearing. Where an historic resource
impact study is required as part of a special exception application
under the terms of this chapter, the application shall not be deemed
complete, and the sixty-day period for holding the hearing shall not
commence, until the HRIS is submitted.
[Amended 11-29-2018 by Ord. No. 05-2018]
D.
Parties to the hearing. The parties to the hearing may be any person or entity entitled to notice under Subsection B above and any other person permitted to appear by the Board.
E.
Powers of the Chairman. The Chairman or Acting Chairman
of the Board, presiding, shall have the 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.
F.
Rights of the parties. The parties shall have the
right to be represented by counsel and shall be afforded the opportunity
to respond, to present evidence, and to argue and cross-examine adverse
witnesses on all relevant issues.
G.
Exclusion of evidence. Formal rules of evidence shall
not apply, but irrelevant, immaterial, or unduly repetitious evidence
may be excluded by the Board.
H.
Record of the proceedings. A stenographic record of
the proceedings shall be made by a court reporter. The appearance
fee for the court reporter shall be shared equally by the applicant
and the Board. Any party requesting the original transcript or a copy
of the transcript shall bear the cost of same. Copies of graphic or
written material received in evidence shall be made available to any
party at cost.
I.
Communications. Once an application has been duly
filed, the Board shall not communicate, directly or indirectly, with
any party or his representative in connection with any issue involved
except upon notice and opportunity for all parties to participate;
and shall not take notice of any communication unless the parties
are afforded an opportunity to contest the material; and shall not
inspect the site or its surroundings with any party or his representative
unless all parties are given an opportunity to be present.
A.
The Board 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. Where the application is contested
or denied, each decision shall be accompanied by findings and conclusions,
together with the reasons for such conclusions. Conclusions based
on any provisions of this chapter or of any act, rule, or regulation
shall contain a reference to the provision relied on and the reasons
why the conclusion is deemed appropriate in the light of the facts
found. All decisions shall be made at a public hearing.
B.
Notice of the final decision shall be delivered to
the applicant personally or mailed to him not later than the day following
its date. The Board shall provide, by mail or otherwise, a brief notice
of the decision or findings and a statement of the place where the
full decision may be examined, to all other persons who have filed
their names and addresses with the Board no later than the last day
of the hearing.
The Zoning Hearing Board shall hear and decide
all requests for special exceptions, as identified within this chapter,
in accordance with the following standards:
A.
Relationship to the Comprehensive Plan. Consideration
of the size, scope, extent, and character of the proposed special
exception and assurance that such proposal is consistent with the
purposes and objectives of the East Brandywine Township Comprehensive
Plan.
B.
Suitability of the tract. Consideration of the suitability
of the proposed tract including, as applicable, environmental conditions,
highway access, and availability of sewer and water service.
C.
Impact on existing neighborhood character; consideration of the extent
to which the proposed special exception will alter unduly the character
of the existing neighborhood and adjacent tracts, and the effectiveness
of proposed or potential mitigation measures. Where required by this
chapter, an historic resource impact study and the review and recommendations
of the East Brandywine Township Historical Commission shall be included
as part of the record for the hearing.
[Amended 11-29-2018 by Ord. No. 05-2018]
D.
Impact on circulation. Consideration of the effects
the proposed special exception may have on traffic patterns and volumes,
access, and parking.
E.
Economic impact. Consideration of the character and
type of development proposed in terms of generating revenue for the
Township and imposing demands on municipal services.
[1]
Editor's Note: Former § 399-146, Supplemental standards
for special exception requests for communications towers or antennas,
added 6-20-2001 by Ord. No. 01-01, was repealed 6-17-2015 by Ord.
No. 04-2015.
