[Ord. 01-09-18-1, 9/18/2001, § 2900]
1.
There is hereby created for the Township a Zoning Hearing Board in
accordance with the provisions of Article IX of the Pennsylvania Municipalities
Planning Code, 53 P.S. § 10901 et seq.
2.
The membership of the Board shall consist of three residents of the
Township appointed by resolution by the Board of Supervisors. The
terms of office shall be for three years and shall be so fixed that
the term of office of one member shall expire each year. The Board
shall promptly notify the Board of Supervisors of any vacancies which
occur. Appointments to fill vacancies shall be only for the unexpired
portion of the term. Members of the Board shall hold no other elected
or appointed office in the Township, nor shall any member be an employee
of the Township. The Board of Supervisors may appoint by resolution
at least one but no more than three residents of the Township to serve
as alternate members of the Board. The term of office of an alternate
member shall be three years. Alternate members of the Board shall
hold no other elected or appointed office in the Township, nor shall
any member be an employee of the Township. Alternate members shall
have all of the privileges, rights and duties as set forth in the
Municipalities Planning Code Section 903(b), as amended from time
to time [53 P.S. § 10903(b)] and shall be designated to
sit on the Board in accordance with the Municipalities Planning Code
Section 906(b), as amended from time to time [53 P.S. § 10906(b)].
[Amended by Ord. 2010-09, 11/3/2010, Art. XIII]
3.
Any Board member may be removed for malfeasance, misfeasance or nonfeasance
in office or for other just cause by a majority vote of the Board
of 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 requests such a hearing
in writing.
4.
The 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,
however, 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 this chapter.
5.
The Board may make, alter, and rescind rules and forms for its procedure,
consistent with ordinances of the Township and laws of the commonwealth.
The Board shall keep full public records of its business, which records
shall be the property of the Township, and shall submit a report of
its activities to the Board of Supervisors as requested by the Supervisors.
6.
Within the limits of funds appropriated by the Board of 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 Board of Supervisors, but in no case shall
it exceed the rate of compensation authorized to be paid to the members
of the Board of Supervisors.
[Ord. 01-09-18-1, 9/18/2001, § 2901]
The Zoning Hearing Board shall conduct hearings and make decisions
in accordance with the following requirements:
A.
Public notice shall be given and written notice shall be given to
the applicant, the Zoning Officer, and to any person who has made
timely request for the same. Written notices shall be sent to all
property owners and municipalities within 1,000 feet of the property
line of the property subject to the application. The list of property
owners shall be supplied to the Township by the applicant. In addition
to the written notice provided herein, written notice of said hearing
shall be conspicuously posted on the affected tract of land at least
one week prior to the hearing.
[Amended by Ord. 2010-09, 11/3/2010; by Ord. 2017-05, 11/28/2017]
B.
The hearing shall be held within 60 days from the date of the applicant's
request, unless the applicant has agreed in writing to an extension
of time.
C.
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.
D.
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.
E.
The Chairman, 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.
F.
The parties shall have the right to be represented by counsel and
shall be afforded the opportunity to respond to and present evidence
and argument and to cross-examine adverse witnesses on all relevant
issues.
G.
Formal rules of evidence shall not apply, but irrelevant, immaterial
or unduly repetitious evidence may be excluded.
H.
The Board or the hearing officer, as the case may be, shall keep
a stenographic record of the proceedings.
I.
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.
J.
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 chapter or of any law, ordinance, 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. If the hearing is conducted by a hearing officer, and there has been no stipulation that his decision or findings are final, the Board shall make his 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. Where the Board fails to render the decision within the period required by this subsection, or fails to hold the required hearing within 60 days from the date of the applicant's request for a hearing, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the Board to meet or render a decision as hereinabove provided, the Board shall give public notice of the said decision within 10 days from the last day it could have met to render a decision in the same manner as provided in Subsection A of this section. If the Board fails to provide such notice, the applicant may do so. Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.
K.
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.
M.
The Board may establish rules and regulations governing the conduct
of the hearing, the presentation of evidence, and the inspection by
parties of the property for which the application has been filed.
[Ord. 01-09-18-1, 9/18/2001, § 2902]
1.
The Zoning Hearing Board shall have exclusive jurisdiction to hear
and render final adjudication in the following matters:
A.
Substantive challenges to the validity of any land use ordinance,
except those brought before the Board of Supervisors pursuant to Sections
609.1 and 916.1(a)(2) of the Pennsylvania Municipalities Planning
Code (hereinafter "MPC"), 53 P.S. §§ 10609.1 and 10916.1(a)(2),
respectively.
C.
Appeals from the determination of the Zoning Officer including, but
not limited to, the granting or denial of any permit; the failure
to act on an application for any permit; 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 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.
E.
Applications for variances from the terms of this chapter or floodplain
or flood hazard ordinance or such provisions within a land use ordinance,
pursuant to Section 910.2 of the MPC, 53 P.S. § 10910.2.
F.
Applications for special exceptions under this chapter or floodplain
or flood hazard ordinance or such provisions within a land use ordinance,
pursuant to Section 912.1 of the MPC, 53 P.S. § 10912.1.
G.
Appeals from the determination of any officer or agency charged with
the administration of any transfers of development rights or performance
density provisions of this chapter.
H.
Appeals from the Zoning Officer's determination under Section 916.2
of the MPC, 53 P.S. § 10916.2.
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 or stormwater
management insofar as the same relate to development not involving
applications under Article V or VII of the MPC, 53 P.S. §§ 10501
et seq., or 10701 et seq., respectively.
2.
The Board of Supervisors shall have exclusive jurisdiction to hear
and render final adjudications in the following matters:
A.
All applications for approvals of planned residential developments
under Article VII of the MPC pursuant to the provisions of Section
702 of the MPC, 53 P.S. § 10702.
B.
All applications pursuant to Section 508 of the MPC, 53 P.S. § 10508,
for approval of subdivisions or land developments under Article V
of the MPC, 53 P.S. § 10501 et seq.
C.
Applications for conditional use under the express provisions of
this chapter.
D.
Applications for curative amendment to this chapter or pursuant to
Sections 609.1 and 916.1(a) of the MPC, 53 P.S. §§ 10609.1
and 10916.1(a), respectively.
E.
All petitions for amendments to land use ordinances pursuant to the
procedures set forth in Section 609 of the MPC, 53 P.S. § 10609.
F.
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 or stormwater
management insofar as the same relate to applications for land development
under Articles V and VII of the MPC, 53 P.S. §§ 10501
et seq., and 10701 et seq., respectively. 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 this section.
[Ord. 01-09-18-1, 9/18/2001, § 2903]
The Chairman, or in his absence the acting Chairman, may administer
oaths and compel the attendance of witnesses. All meetings of the
Board shall be open to the public. The Board shall keep minutes of
its proceedings showing the vote of each member upon each question,
or if a member is absent or fails to vote, indicating such fact and
shall keep records of its examinations and other official actions,
all of which shall be immediately filed with the Township and shall
be public record.
[Ord. 01-09-18-1, 9/18/2001, § 2904]
Appeals raising the substantive validity of any land use ordinance
(except those to be brought before the Board of Supervisors pursuant
to the Pennsylvania Municipalities Code[1]); procedural questions or alleged defects in the process
of enactment or adoption of a land use ordinance; from the determination
of the Zoning Officer, including, but not limited to, the granting
or denial of any permit, failure to act on the application for any
permit, the issuance of any cease-and-desist order, or the registration
or refusal to register any nonconforming use, structure or lot; 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; from the
determination of any officer or agency charged with the administration
of any transfers of development rights or performance density provisions
of this chapter; or 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
or stormwater management insofar as the same relates to development
not involving subdivision and land development or planned residential
development may be filed with the Zoning Hearing Board in writing
by the landowner affected, any officer or agency of the Township,
or any person aggrieved. Requests for a variance and for special exception
may be filed with the Board by any landowner or any tenant with the
permission of such landowner.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[Ord. 01-09-18-1, 9/18/2001, § 2905; as amended by Ord. 2004-07, 12/7/2004, § 1; and by Ord. 2005-05, 6/21/2005]
1.
No person shall be allowed to file any proceeding with the Zoning
Hearing Board later than 30 days after an application for development,
preliminary or final, has been approved by the Township 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 of anyone
other than the landowner to appeal from an adverse decision on a tentative
plan, from an adverse decision by the Zoning Officer on a challenge
to the validity of this chapter, an amendment hereto, the map, or
an amendment thereto, shall preclude an appeal from a final approval
except in the case where the final submission substantially deviates
from the approved tentative approval.
2.
All appeals from any determination of the Township Zoning Officer,
including the issuance of an enforcement notice, shall be filed by
the land owner or other affective party within 30 days after issuance
of the determination or notice.
3.
All appeals from determinations and/or decisions of the Township
Zoning Officer or other Township employee and/or consultant shall
be filed within 30 days of the date of such determination/decision.
[Ord. 01-09-18-1, 9/18/2001, § 2906]
1.
Upon the filing of any appeal proceeding before the Zoning Hearing
Board 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. 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
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.
2.
After the petition is presented, the court shall hold a hearing to
determine if the filing of the appeal is frivolous. At the hearing,
evidence may be presented on the merits of the case. It shall be the
burden of the applicant for a bond to prove the appeal is frivolous.
After consideration of all evidence presented, if the court determines
that the appeal is frivolous, it shall grant the petition for a bond.
The right to petition the court to order the appellants to post bond
may be waived by the appellee, but such waiver may be revoked by him
if an appeal is taken from a final decision of the court.
3.
The question whether or not such petition should be granted and the
amount of the bond shall be within the sound discretion of the court.
An order denying a petition for bond shall be interlocutory. An order
directing the responding party to post a bond shall be interlocutory.
4.
If an appeal is taken by a respondent to the petition for a bond
from an order of the court dismissing a zoning appeal for refusal
to post a bond and the appellate court sustains the order of the court
below to post a bond, the respondent to the petition for a bond, upon
motion of the petitioner and after hearing in the court having jurisdiction
of zoning appeals, shall be liable for all reasonable costs, expenses
and attorney fees incurred by the petitioner.
[Ord. 01-09-18-1, 9/18/2001, § 2907]
1.
The Zoning Hearing Board shall hear requests for variances where
it is alleged that the provisions of this chapter inflict unnecessary
hardship upon the applicant. The Board may by rule prescribe the form
of application and may require preliminary application to the Zoning
Officer. The Board may grant a variance, provided that all of the
following findings are made where relevant in a given case, that:
A.
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.
B.
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.
C.
Such unnecessary hardship has not been created by the applicant.
D.
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.
E.
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.
2.
In granting any variance, the Board may attach such reasonable conditions
and safeguards as it may deem necessary to implement the purposes
of this chapter and the Pennsylvania Municipalities Planning Code,
53 P.S. § 10101 et seq.
[Ord. 01-09-18-1, 9/18/2001, § 2908]
The Board may grant approval of a special exception, provided
that the following standards and criteria are complied with by the
applicant for a special exception. The burden of proof rests with
the applicant:
A.
The Zoning Hearing Board shall have the power to approve special
exceptions when this chapter specifically requires the obtaining of
such approval and for no other use or purpose.
B.
The Zoning Hearing Board shall grant a special exception only if
it finds adequate evidence presented by the applicant that the proposed
special exception is duly authorized under provisions of this Part;
that the application falls within the terms of the specific provisions
allowing for special exceptions; and that the proposed use complies
with all other requirements of this chapter. The Zoning Hearing Board,
in granting a special exception, may attach such reasonable conditions
and safeguards as it may deem necessary to implement the purpose of
this chapter. The Board shall, among other things, require that any
proposed use and location be:
(1)
In accordance with the Township Comprehensive Plan and consistent
with the spirit, purpose and intent of this chapter.
(2)
In the best interest of the Township and the public welfare.
(3)
Suitable for the property in question and designed, constructed,
operated and maintained so as to be in harmony with and appropriate
in appearance to the existing or intended character of the general
vicinity.
(4)
In conformance with all other applicable requirements of this
chapter and other Township ordinances.
(5)
Suitable in terms of effects on highway traffic and safety with
adequate access arrangements to protect streets from undue congestion
and hazard.
(6)
In accordance with sound practice standards of Chapter 22, Subdivision and Land Development, where applicable.
(7)
Suitable in terms of impact on surrounding residential properties
and compatible with adjacent uses.
C.
The applicant shall file a site plan at a scale not less than one inch equals 100 feet, showing all required setbacks; a general layout of all buildings, structures and uses, including all accessory uses; any required bufferyards; details of parking, loading and lighting; sidewalks and other pedestrian areas; and the delineation of all natural resources set forth at Part 24 of this chapter. The plan shall be accompanied by a statement describing the proposed uses and accessory uses, hours of operation, and shall provide information adequate to demonstrate that all of the requirements of § 27-304 and other chapter sections applicable to the use will be met. The site plan shall also indicate the existing use of all surrounding properties, including those across streets, so that the Zoning Hearing Board will be able to assess compliance with Subsection B of this section.
D.
The burden will be on the applicant to show:
(1)
The ability and capacity of the existing public water system
to provide a sufficient quality and quantity of water for the proposed
use without system extensions beyond those which the applicant will
provide. If on-site water supply is proposed, the applicant shall
provide information on the proposed water supply and how water quality
and water availability in the surrounding area will be protected.
(2)
The ability and capacity of public sanitary sewers to dispose
of the wastes from the proposed use without system extensions beyond
those which the applicant will provide. If on-site wastewater disposal
is proposed, the applicant shall provide information on the type of
system to be used and provide information on the consistency of the
proposed wastewater disposal system with the Township's Sewage Facilities
Plan.
(3)
The ability and capacity of stormwater management facilities
to handle increased runoff in a manner that will meet Township objectives
of maximizing groundwater recharge, maintaining water quality, and
avoiding all adverse off-site effects on properties and streams.
(4)
The ability and capacity of existing street systems to provide
for the needs of the proposed use without substantially altering existing
traffic patterns or overloading the existing street system.
(5)
The ways in which the applicant will incorporate the proposed
use into the surrounding area and minimize off-site impacts through
buffering, site planning techniques, use restrictions or other approaches.
[Ord. 01-09-18-1, 9/18/2001, § 2909]
The Board, in considering any matter within its jurisdiction,
may consult with the Township Planning Commission, the Bucks County
Planning Commission, or any other specialist or groups of specialists
having expert knowledge of the matter under consideration, provided
that the Township has agreed in advance to pay for any experts requiring
payment.
[Ord. 01-09-18-1, 9/18/2001, § 2910]
A special exception or variance shall expire if the applicant
fails to obtain a building permit within one year of the date of the
order of the board or court granting such special exception or variance.
[Ord. 01-09-18-1, 9/18/2001, § 2911]
Any building, structure or land that is maintained or used in
violation of any Zoning Hearing Board conditions of approval is prohibited
and shall constitute a violation of this chapter, and such violation
may be enforced by the Township or an affected property owner in accordance
with the enforcement provisions set forth in Article VI of the Pennsylvania
Municipalities Planning Code[1] for zoning ordinance violations.
[1]
Editor's Note: See 53 P.S. § 10601 et seq.
