[Ord. 100, 10/12/1993, § 801]
1.
Creation of Board. The Board of Supervisors has created a Zoning
Hearing Board, herein referred to as the "Board," appointed by the
Board of Supervisors pursuant to Article IX of the Pennsylvania Municipalities
Planning Code, as amended, who shall perform all the duties and have
all the powers prescribed by said Code and as herein provided.
2.
Appointment. One member of the Board shall be designated to serve
until the first day of January following the adoption of this Chapter,
one until the first day of the second January thereafter and one until
the first day of the third January thereafter. Their successors shall
be appointed on the expiration of their respective terms to serve
for a term of three years. Members of the Board shall hold no other
office in the Township except that no more than one member may also
be a member of the Planning Commission. Additional Board members may
be appointed as permitted or as required by the Municipalities Planning
Code, as amended, the maximum size of the Board not to exceed five
members.
3.
Removal. 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, if the Board member requests one in writing.
4.
Vacancies. Vacancies shall be filled by appointment by the Board
of Supervisors for the unexpired portion of the vacated term.
5.
Compensation and Expenditures for Services.
A.
The members of the Board shall receive such compensation as shall
be fixed by the Board of Supervisors, by resolution, but in no case
shall it exceed the rate of compensation authorized to be paid to
the members of the Board of Supervisors.
B.
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.
6.
Organization. The Board may promulgate such rules and forms for its
procedure, not inconsistent with this and other ordinances of the
Township and laws of the Commonwealth of Pennsylvania, as it may deem
necessary to the proper performance of its duties and to the proper
exercise of its powers. Such rules shall be continued in force and
effect until amended or repealed by the Board or by law. The Board
shall elect from its own membership its officers, who shall serve
annual terms as such, and may succeed themselves.
7.
Meetings. Meetings and hearings of the Board shall be held at the
call of the chairman and at such other times as the Board by majority
vote may determine.
8.
Minutes and Records. The Board shall keep full public records of
its proceedings showing the vote of each member upon each question
or if absent or failing to vote, indicating such fact. The Board shall
also keep full public records of its business and other official action,
copies of which shall be immediately filed with the Secretary of the
Board of Supervisors. The Board shall submit an annual report of its
activities each year to the Board of Supervisors.
[Ord. 100, 10/12/1993, § 802]
Hearings shall be in accordance with the Pennsylvania Municipalities
Planning Code (Act 247 of 1968, as amended) and rules promulgated
by the Zoning Hearing Board.
[Ord. 100, 10/12/1993, § 803]
Functions of the Zoning Hearing Board shall be in accordance
with the Pennsylvania Municipalities Planning Code (Act 247 of 1968,
as amended) and rules promulgated by the Zoning Hearing Board.
[Ord. 100, 10/12/1993, § 804; as amended by Ord.
119, 4/14/1998]
Special exceptions shall be allowed in the appropriately designated
districts subject to applicable State and local rules, regulations
or ordinances as well as to the safeguards and conditions contained
herein:
A.
General.
(1)
Special Exception Applications. In this Chapter, special exceptions
may be 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. In granting
a 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. The
Board shall pursue the following procedure.
(a)
The Board's decision to grant a permit for special exception
use shall be made only after public notice and hearing. Such permit
shall apply specifically to the application and plans submitted and
presented at said public hearing. Any subsequent amendments or additions
shall be subject to review and public hearing by the Zoning Hearing
Board as a special exception use.
(b)
No application for a permit shall be granted by the Zoning Hearing
Board for any special exception use until said Board has first received
and considered an advisory report thereon from the Planning Commission
with respect to the location of such use in relation to the needs
and growth pattern of the area and, where appropriate, with reference
to the adequacy of the site area and arrangement of buildings, driveways,
parking areas, off-street truck loading spaces and other pertinent
features of the site plan. The Planning Commission shall have 30 days
from the date of its receipt of the application within which to file
its report thereon. In the event that said Commission shall fail to
file its report within such 30 days, such application shall be deemed
to have been approved by said Planning Commission.
(2)
The Commission may have representation at the public hearing
held by the Zoning Hearing Board on such application. After receipt
of the report, the Zoning Hearing Board shall hear the application
in the same manner and under the same procedure as it is empowered
by law and ordinance to hear cases and make exceptions to the provisions
of this Chapter. The Zoning Hearing Board may thereafter direct the
Code Enforcement Officer to issue such permit if, in its judgment,
the use meets all specific provisions and criteria contained in this
Chapter and the following general provisions:
(a)
In accordance with the Comprehensive Plan and consistent with
the spirit, purposes and intent of this Chapter.
(b)
In the best interest of the community, the public welfare and
a substantial improvement to the property in the immediate vicinity.
(c)
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.
(d)
In conformance with all applicable requirements of this Chapter.
(e)
Suitable in terms of effects on highway traffic and safety,
with adequate access arrangements to protect streets from undue congestion
and hazard.
(f)
In accordance with sound standards of subdivision practice,
where applicable.
(3)
The Zoning Hearing Board may impose whatever conditions regarding
layout, circulation and performance it deems necessary to insure that
any proposed development will secure substantially the objectives
of this Chapter.
B.
Other Uses and Other Conditions.
(1)
Conditional Use Permits.
(a)
Procedures. Applications for conditional uses permitted by this
Chapter shall be made in writing to the Code Enforcement Officer by
the owner or authorized agent on a form supplied by the Code Enforcement
Officer. The Code Enforcement Officer shall simultaneously refer such
application to the Planning Commission and the Board of Supervisors.
The Planning Commission shall review the application and, within 30
days of receipt, submit its recommendations to the Board of Supervisors
for decision. The Board of Supervisors will make a decision pursuant
to public notice and hearing and the recommendations of the Planning
Commission and pursuant to express standards and criteria set forth
in this Chapter. The Code Enforcement Officer in turn shall, within
10 days of decision by the Board of Supervisors, forward, if approved,
an approved building permit or occupancy permit, as appropriate, to
the applicant; if disapproved, so notify the applicant.
(b)
Criteria. The recommendations of the Planning Commission and
the decision of the Board of Supervisors shall be based on, but not
limited to, the following standards and criteria.
1)
Compatibility. The proposed use will be reviewed as to its relationship
to and effect upon surrounding land uses and existing environmental
conditions regarding the pollution of air, land and water; noise;
potential of hazards and congestion; illumination and glare; restrictions
to natural light and circulation of air.
2)
Purpose. Review the intended purpose of the proposed use as
it relates to the area's development objectives established in
the Comprehensive Plan.
3)
Suitability. The nature of activity and population served, numbers
of participating population, frequency of use, adequacy of space and
spatial requirements, potential generation and impact of congestion
will be reviewed as suitably related to the proposed location of potential
use.
4)
Accessibility. Ingress and egress to the site of the proposed
use, circulation and movement of pedestrian and vehicular traffic,
parking requirements and accessibility to the existing and proposed
area highway system will be reviewed.
5)
Serviceability. Reviews will be made as to the adequacy and
availability of utility services and facilities such as sanitary and
storm sewers, water, trash and garbage collection and disposal and
the ability of the area to supply such services.
C.
Sanitary landfills subject to the following conditions:
(1)
Each landfill site shall have a valid operating permit from
the Department of Environmental Protection.
(2)
Sections of the sanitary landfill application as required by
the Pennsylvania Solid Waste Management Act, as amended, shall be
filed with the Board including the delineation of total area to be
filled, source of cover material, compaction, application of cover
material, management of surface and subsurface waters, leachate collection
and treatment, vector and dust control, control or erosion, vegetation
and elevation and grade of final cover. In addition, proposed reuse
plans for the site shall be filed.
(3)
See § 405(8).
(4)
Hours of operation shall be limited to daylight hours.
(5)
Ingress and egress access ways shall be suitably improved to
insure dust control.
(6)
No emission of unpleasant gases or other odorous matter shall
be permitted in such quantities as to be offensive outside the lot
lines of the tract.
(7)
The Code Enforcement Officer, acting upon the complaints of
residents, may revoke this permit for the repeated violation of the
preceding conditions. Such revocation shall entitle the applicant
to a rehearing before the Board without fee.
D.
Public or private schools subject to the following conditions:
(1)
Shall be limited to day schools, nursery schools, schools for
the blind, mentally retarded and rehabilitation.
(2)
Minimum site size required is five acres.
(3)
Site shall have major direct access to collector or other major
highways as outlined on the plan.
(4)
Parking for automobiles as well as necessary buses shall be
off-street and screened from view.
E.
Kennels, riding stables; provided that barn, kennel runway, animal
exercise pen or manure storage shall not be located nearer than 100
feet to any residential lot or the street line, exclusive of clearly
identified bridle paths.
F.
Keeping of livestock; provided, that accessory buildings and open
manure storage shall not be located nearer than 100 feet to any residential
lot or street line. No slaughtering shall be permitted on the lot.
Grazing areas shall be adequately and securely fenced. No more than
one animal shall be permitted for 1/2 acre of lot area.
G.
Membership Clubs, Outdoor Recreation Facilities. Membership clubs,
lodges and camps and outdoor recreational facilities such as private
and public playgrounds, golf clubs, country clubs, swimming clubs
and tennis courts, shall be subject to the following conditions:
(1)
No building or part thereof or any parking or loading area shall
be located within 100 feet of any street or lot line.
(2)
The sum of all areas covered by principal and accessory buildings
shall not exceed 20% of the area of the lot.
(3)
That any such club is incorporated pursuant to the provision
of a membership corporation or unincorporated association approved
by the Township Supervisors; and catering exclusively to members and
their guests.
(4)
That such use shall occupy a lot with an area of not less than
10 acres.
(5)
That exterior lighting, other than that essential for the safety
and convenience of the users of the premises shall be prohibited.
All exterior lighting shall be shielded from the view of all surrounding
streets and lots.
H.
Conversion of residences to higher densities subject to the following
conditions:
(1)
The minimum lot area per dwelling unit shall not be less than
3,000 square feet per additional dwelling unit over two, added to
the original 8,000 square feet for a two unit dwelling.
(2)
Conversion shall not be allowed unless off-street parking is
provided on the premises at a rate of two off-street parking spaces
per each dwelling unit proposed within the existing structure.
(3)
Conversion shall not be allowed unless at least 500 square feet
of open space per family can be provided on the lot for the use and
enjoyment of dwelling unit occupants.
(4)
Where off-street parking cannot be accommodated on the lot,
shared off-street lots may be permitted at the discretion of the Zoning
Hearing Board.
I.
Major Utility Lines. Major utility transmission lines including gas,
petroleum and petroleum products, and electric transmission lines
shall be permitted by special exception in the AF, and the R districts
subject to the condition that an environmental impact statement shall
be submitted to the Zoning Hearing Board. This statement shall include,
but not be limited to, the following:
J.
Sewage Treatment Plants. Sewage treatment plants shall be permitted
by special exception in the Residential District subject to the following
conditions:
(1)
Building height shall not exceed 35 feet.
(2)
A minimum of 100 feet is required from any district.
(3)
Any open tanks shall be adequately protected by an eight-foot
security locked fence.
(4)
The maximum coverage by structures shall not exceed 40% of the
lot area.
(5)
All grounds not used for structures, drives, etc., shall be
kept landscaped. Structures shall be well screened from public view.
(6)
The operation of the plant shall not create a public nuisance
due to excessive noise, odor, vibration, dust, smoke or other objectionable
causes.
K.
Abattoirs. As special exception in the A-F Agricultural Forest, abattoirs
may be permitted subject to the following regulations:
(1)
No building, exclusive of office or warehouse, shall be located
within 100 feet of the property line.
(2)
All livestock shall be kept within a completely enclosed building
or if not completely enclosed, screened from all sides by a masonry
wall or solid board fence not less than eight feet in height.
(3)
Engineering plan for control of odor, noise, air and water pollution
shall be submitted to the Board of Supervisors for review and approval.
(4)
Engineering plans for the proposed water supply and for sewage
disposal shall be submitted to the Board of Supervisors for review
and approval.
L.
Auto Salvage and Junkyard. Refer to § 405(7).
[Ord. 100, 10/12/1993, § 805]
Requests for a variance to provisions of this Chapter shall be directed to the Zoning Hearing Board. Also, requests for special exceptions shall be directed to the Board, application requirements shall be in accordance with rules promulgated by the Board. An application fee pursuant to the current fee schedule shall be submitted with said variance application. The Board shall follow the procedures as set forth in the Pennsylvania Municipalities Planning Code (Act 170 of 1988, as amended); also, see Part 4 for other requirements concerning floodplains.
[Ord. 100, 10/12/1993, § 806]
Requests for rezoning shall be directed to the Township for
action. Application requirements shall be pursuant to rules promulgated
by the Township. A filing fee for an amount as outlined in the current
fee schedule shall be submitted with the application. The Township
shall follow the procedures as outlined in Act 170 of 1988, as amended.
