[Ord. 95-07, 12/14/1995, § 2100; as amended by
Ord. 2008-04, 11/19/2008, § 1]
1.
Membership.
A.
The membership of the Zoning Hearing Board shall consist of three
residents of the Township appointed by resolution by the Board of
Supervisors in accordance with Article IX of the Pennsylvania Municipalities
Planning Code, as amended, 53 P.S. § 10901 et seq. Each
term of office shall be three years and shall be so fixed that the
term of office of one member shall expire each year.
B.
Members of the Zoning Hearing Board shall hold no other office in
the Township.
C.
The Zoning Hearing Board shall promptly notify the Board of Supervisors
of any vacancies which occur. Appointments to fill vacancies shall
be only for the duration of the unexpired portion of the term.
D.
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 by the Board of Supervisors. Such vote shall not take
place until 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.
2.
Alternates.
A.
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 Zoning Hearing Board. The term of office of an alternate
member shall be three years.
B.
Alternates shall hold no other office in the Township including membership
on the Planning Commission and Zoning Officer.
C.
When seated pursuant to Subsection 4B below, an alternate shall be entitled to participate in all proceedings and discussions of the Zoning Hearing Board to the same and full extent as provided by law for Zoning Hearing 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 forth in this Part and as otherwise provided by law.
3.
Officers.
A.
The Zoning Hearing Board shall elect from its own membership its
officers who shall serve annual terms as such and may succeed themselves.
4.
Quorum.
A.
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 Zoning
Hearing Board.
B.
If by reason of absence or disqualification of a member a quorum
is not reached, the Chairman of the Zoning Hearing Board shall designate
as many alternate members of the Zoning Hearing Board to sit on the
Zoning Hearing Board as may be needed to provide a quorum. Any alternate
member of the Zoning Hearing 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 Zoning Hearing 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.
5.
Rules. The Zoning Hearing Board may make, alter and rescind rules
and forms for its procedure, consistent with ordinances of Franklin
Township and the laws of the commonwealth.
6.
Records.
A.
The Zoning Hearing 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 Board.
B.
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.
7.
Compensation.
A.
Members of the Zoning Hearing Board may receive compensation for
the performance of their duties, as may be established by the Board
of Supervisors, but in no case shall such compensation exceed the
rate of compensation authorized to be paid to the members of the Board
of Supervisors.
B.
Alternate members of the Zoning Hearing Board may receive compensation, as may be fixed by the Board of Supervisors, for the performance of their duties when designated as alternate members pursuant to Subsection 4B above, but in no case shall such compensation exceed the rate of compensation authorized to be paid to the members of the Board of Supervisors.
[Ord. 95-07, 12/14/1995, § 2101; as amended by
Ord. 2013-04, 12/18/2013, § 15]
1.
The Zoning Hearing 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 Board of Supervisors pursuant to §§ 609.1
and 916.1(a)(2) of the Municipalities Planning Code, 53 P.S. §§ 10609.1
and 10916.1(a)(2).
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 the Township Engineer or the Zoning
Officer with reference to the administration of Part 13, FH Flood
Hazard District.
F.
Applications for special exceptions permitted within this chapter in accordance with § 27-2205 below.
G.
Appeals from the determination of any officer or agency charged with
the administration of density provisions, in accordance with Part
25, Natural Resource Protection.
[Ord. 95-07, 12/14/1995, § 2102]
1.
The Zoning Hearing Board shall conduct hearings and make decisions
in accordance with the following requirements:
A.
Notice of Hearing. The Zoning Hearing Board shall fix a reasonable
time and place for public hearings and shall give thereof as follows:
(1)
By publishing a notice in accordance with the provisions of
the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101
et seq., in a newspaper of general circulation in the Township.
(2)
By certified mail, a notice thereof to the applicant and other
parties of interest. Any person who has made a timely request for
the same shall receive notice, provided such request includes the
appropriate mailing fee.
(3)
By mailing a 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 Zoning Hearing Board for the purpose of receiving such notices.
(4)
By posting notice of said hearing in a conspicuous location
on the affected tract of land at least one week prior to the hearing.
(5)
By mailing or delivering a notice thereof to the owner when
the Zoning Hearing Board so orders, if his residence is known, and
to the occupier of every lot on the same street within 1,000 feet
of the lot or building in question and of every lot not on the same
street within 1,000 feet of the said lot or building, provided that
failure to give notice as required by this subsection shall not invalidate
any action taken by the Zoning Hearing Board.
(6)
The notice herein required shall state the location of the lot
or building and the general nature of the question involved.
B.
Time Location. A 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.
Fees. The Board of Supervisors may prescribe reasonable fees with
respect to hearings before the Zoning Hearing Board. Fees for said
hearings may include compensation for the secretary and members of
the Zoning Hearing Board, notice and advertising costs and necessary
administrative overhead connected with the hearing. The costs, however,
shall not include legal expenses of the Zoning Hearing Board, expenses
for engineering, architectural or other technical consultants or expert
witness costs.
D.
Conduct of Hearing. The hearings shall be conducted by the Zoning
Hearing Board. The Zoning Hearing 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 Zoning Hearing 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 Zoning Hearing Board and accept the decision or
findings of the hearing officer as final.
E.
Parties to the Hearing. The parties to the hearing shall be any person who is entitled to notice under Subsection 1A above and other person permitted to appear by the Zoning Hearing Board.
F.
Powers of the Chairman. The Chairman or Acting Chairman of the Zoning
Hearing 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.
G.
Rights of the Parties. 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.
H.
Exclusion. Formal rules of evidence shall not apply, but irrelevant,
immaterial, or unduly repetitious evidence may be excluded.
I.
Record of the Proceedings.
(1)
The Zoning Hearing Board or 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 Zoning Hearing Board.
(2)
Where the application is contested or denied, each decision
shall be accompanied by findings of fact and conclusions based thereon,
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 provisions relied on and the reasons
why the conclusion is deemed appropriate in the light of the facts
found.
(3)
If the hearing is conducted by a hearing officer and there has
been no stipulation that his decision or findings are final, the Zoning
Hearing Board shall make his report and recommendations available
to the parties within 45 days and the parties shall be entitled to
make written representations to the Zoning Hearing Board prior to
final decision or entry of findings, and the Zoning Hearing Board's
decision shall be entered no later than 30 days after the report of
the hearing officer.
(4)
Where the Zoning Hearing Board fails to render the decision within the period by this section, or fails to hold the required hearing within 60 days from the date the applicant requested 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 Zoning Hearing Board to meet or render a decision as herein above provided, the Zoning Hearing Board shall give public notice of 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 1A above. If the Zoning Hearing Board fails to provide such notice, the applicant may do so. Nothing in this section shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction. All decisions shall be made at a public meeting.
(5)
A copy of the final decision or, where no decision is called
for, of the findings, shall be delivered to the applicant personally
or by certified mail to him no later than the day following the date.
The Zoning Hearing 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 to the Zoning Hearing Board no later than
the last day of the hearing. The original transcript of the record
and decisions, when available, shall become part of the public record
maintained by the Township.
[Ord. 95-07, 12/14/1995, § 2103]
1.
The Zoning Hearing Board shall hear requests for variances where
it is alleged that the provisions of this chapter inflict unnecessary
hardship on an applicant. The Zoning Hearing Board may grant a variance
to a provision of this chapter, provided the following standards are
satisfied where relevant in a given case:
A.
Unique or Irregular Conditions. Unique physical circumstances or
conditions exist, including irregularity, narrowness or shallowness
of lot size or shape, or exceptional topographical or other physical
conditions peculiar to the particular property. An unnecessary hardship
must be due to such conditions and not the circumstances or conditions
generally created by the provisions of this chapter.
B.
Strict Conformity Cannot Occur. Because of the physical circumstances or conditions described in Subsection 1A above, there is no possibility that the property can be developed in strict conformity with the applicable provisions of this chapter and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.
C.
Liability of the Applicant. Such unnecessary hardship described in Subsection 1A above, has not been created by the applicant, subsequent to the adoption of this chapter, or prior ordinances and that strict application of the provisions of this chapter would deprive the applicant of the reasonable use of land, structure or building.
D.
Impact of Variance on District. The variance, if authorized, will
not alter the essential character of the neighborhood or zoning 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.
Minimum Variance. 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.
F.
The variance, if authorized, shall be subject to such conditions
as will assure that the adjustment to provisions of this chapter shall
not constitute a grant of special privilege inconsistent with the
limitations upon other properties in the vicinity and zoning district
in which the property is situated.
G.
Additional Conditions. In granting a variance, the Zoning Hearing
Board may attach such reasonable conditions and safeguards in addition
to those set forth in this section as it may deem necessary to implement
the purpose of the Municipalities Planning Code, 53 P.S. § 10101
et seq., and this chapter.
[Ord. 95-07, 12/14/1995, § 2104]
1.
The Zoning Hearing Board shall hear and decide all requests for the
approval of special exceptions permitted within this chapter, in accordance
with the following standards. It shall be the burden of the applicant
to demonstrate to the Zoning Hearing Board that these standards have
been met:
A.
Public Health, Safety and Welfare. The proposed structure or use
shall not jeopardize the public health, safety and welfare of Township
residents.
B.
Compliance with Comprehensive Plan, Open Space and Recreation Plan.
The proposed structure or use shall be consistent with the goals and
objectives of the Township Comprehensive Plan and the Township Open
Space and Recreation Plan.
C.
Compliance with this Chapter. The size, scope, extent and character
of the proposed structure or use shall be in compliance with the spirit,
purpose, intent and standards of this chapter.
D.
Suitability of the Tract. The proposed structure or use shall be
suitable for the tract including environmental conditions, highway
access and availability of sewer and water facilities.
E.
Impact on Existing Compatibility with Neighborhood Character. The
proposed structure or use shall be compatible with the type of development
in the area surrounding the tract and shall not injure or detract
from the character of the neighborhood.
F.
Impact on Circulation. Consideration of the effects the proposed
special exception will have with respect to traffic patterns and volumes,
access, parking and increased congestion.
G.
Design Standards. The proposed structure or use shall be designed
such that parking, traffic control, screening, setback and other design
standards required by this chapter may be implemented to remove any
potential adverse influences created by the proposed structure or
use.
H.
Additional Conditions. In granting a special exception, the Zoning
Hearing 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 and the Pennsylvania Municipalities
Planning Code, 53 P.S. § 10101 et seq., as amended.
[Ord. 95-07, 12/14/1995, § 2105]
1.
Parties Appellant Before the Zoning Hearing Board. Appeals under §§ 27-2202, Subsection 1A, B, C, D, and G, 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 under § 27-2202, Subsection 1E, and for special exception under § 27-2202, Subsection 1F, may be filed with the Zoning Hearing Board by any landowner or any tenant with the permission of such landowner.
[Amended by A.O.]
2.
Time Limitations for Persons Aggrieved.
A.
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 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.
B.
All appeals from determinations adverse to the landowners shall be
filed by the landowner within 30 days after notice of the determination
is issued.
C.
Stay of Proceedings. Upon filing of any proceeding referred to in Subsection 1 above and while it is pending before the Zoning Hearing Board, all land development to any challenged ordinance, order or approval of the Zoning Officer and all official action shall be stayed unless the Zoning Officer or any other appropriate agency or body certifies to the Zoning Hearing Board facts indicating that such stay would cause imminent peril to life or property. In such cases, the development or official action shall not be stayed other than by a restraining order, which may be granted by the Zoning Hearing Board or by the court having jurisdiction of zoning appeals, on petition, after notice to the Zoning Officer or other appropriate agency or body.
[Ord. 95-07, 12/14/1995, § 2106]
Nothing contained in this Part shall be construed to deny the
appellant the right to proceed directly to court where appropriate,
pursuant to Pennsylvania Rule of Civil Procedure No. 1091.
