The Zoning Hearing Board shall have the exclusive jurisdiction
to hear and render decisions in the matters authorized by Section
909.1(a) of the Pennsylvania Municipalities Planning Code[1], including, but not limited to, the following:
A.
Variances.
(1)
Filing requirements. Each variance application shall include
the following:
(a)
A complete application using the form prescribed by the Township,
including:
[1]
The name and address of the landowner and applicant;
[2]
Signed verification of the landowner of knowledge
of the filing of the application;
[Amended 9-3-2020 by Ord. No. 2020-05]
[3]
A brief description and location of the real estate
to be affected by such proposed change, together with a plot plan
drawn to scale with sufficient clarity to show the nature and character
of the request;
[4]
A statement of the present zoning classification
of the real estate in question, the improvements thereon, and the
present use thereof; and
[5]
A reference to the specific section and, where
applicable, the subsection at issue and a statement in numbered paragraphs
setting forth the grounds for each form of relief sought together
with each fact supporting the claim for relief.
(c)
Names and addresses of adjacent lot owners, including lots directly
across a public right-of-way;
(d)
A written description of the requested variance(s) and grounds
for the grant of the variance; and
(e)
Payment of applicable fees.
(2)
The Zoning Hearing Board may grant a dimensional variance, provided
that the applicant submits sufficient evidence for the Zoning Hearing
Board to make the following required findings where relevant in a
given case. These findings repeat the criteria for grant of a dimensional
variance set forth in Section 910.2 of the MPC[2] and shall, at all times be consistent with the criteria
then current in the MPC:
(a)
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;
(b)
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 reasonable use of the
property;
(c)
That such unnecessary hardship has not been created by the appellant;
(d)
That the variance, if authorized, will not alter the essential
character of the district or neighborhood 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)
That the variance, if authorized, will represent the minimum
variance that will afford relief and will represent the least modification
possible of the regulations in issue.
(f)
In considering the application for a dimensional variance, the
Zoning Hearing Board, for purposes of determining whether the lot
(not the person) is subject to unnecessary hardship, may consider
such other factors as have been established by the Courts of Pennsylvania,
which, under current law, include economic detriment to the applicant
if the variance is denied, the financial hardship created by any work
necessary to bring the building into strict compliance with the zoning
requirement from which variance is sought, and the characteristics
of the surrounding neighborhood if the lot that is the subject of
the application is located in a blighted area and the application
will advance the neighborhood's rehabilitation.
[2]
Editor's Note: See 53 P.S. § 10910.2.
(3)
The Zoning Hearing Board may grant a use variance, provided that the applicant submits sufficient evidence for the Zoning Hearing Board to make the required findings set forth in Subsection A(2) above and, in addition, one of the following findings:
(a)
The physical characteristics of the property are such that it
could not be used for any use permitted by this chapter or could only
be used for such permitted use at prohibitive expense; or
(b)
The physical characteristics of the property are such that the
property has either no value or only distress value for any use permitted
by this chapter.
(4)
The Zoning Hearing Board may grant a hybrid variance (a mixed use/dimensional requirement variance, as characterized by decisions of the Pennsylvania Courts), provided that the applicant submits sufficient evidence for the Zoning Hearing Board to make the findings set forth in Subsection A(2) above.
(5)
Conditions. In granting any variance, the Zoning Hearing Board
may attach such reasonable conditions and safeguards as it may deem
necessary to implement the purposes of this chapter and to protect
the public interest. These conditions shall be enforceable by the
Zoning Officer and failure to comply with such conditions shall constitute
a violation of this chapter and be subject to the penalties described
in this chapter.
(a)
A condition may be amended by the Zoning Hearing Board upon
written application and finding by the Zoning Hearing Board of changed
circumstances that render the original condition no longer appropriate
to serve the function of protecting the public interest that gave
rise to the condition.
(7)
If a zoning permit has been requested, the approved variance
with any conditions imposed by the Zoning Hearing Board shall be attached
to the application for a zoning permit. Where the variance is approved
prior to the application, then the approved variance with any conditions
imposed by the Zoning Hearing Board shall be forwarded to the Zoning
Officer.
(8)
Time limitation; expiration. If the use, building or structure
for which the variance was granted is not established, erected or
completed, an approved variance shall expire one year after the grant
of the variance. By operation of this provision, such expiration period
shall be a condition of all grants of variance. An extension of the
variance expiration period may be obtained upon application to the
Zoning Hearing Board that states, in writing, the grounds for the
need for the extension. The Zoning Hearing Board may grant an extension
of six months upon finding that (i) the applicant has acted with due
diligence and (ii) reasonable grounds exist for such extension.
B.
Special exceptions.
(1)
For any use permitted by special exception, approval of a special
exception must be obtained from the Zoning Hearing Board. No special
exception application which requires approval for variance by the
Zoning Hearing Board shall be granted until such time as such approvals
have been secured. If, during the course of review of the special
exception, it is determined that the proposed use requires approval
for variance, the application shall be either withdrawn by the applicant
or may be denied by the Board of Supervisors.
(2)
Except as provided herein, Article XII relating to conditional uses is incorporated herein in its entirety by reference. For purposes of this article, all reference to the "Board of Supervisors" shall mean the "Zoning Hearing Board"; all reference to "conditional use" shall mean "special exception."
(3)
Copies of scaled drawings (site plan, including floor plans
and elevations, where appropriate) of the site, including finished
topography with sufficient detail and accuracy to demonstrate compliance
with all applicable provisions of this chapter, including competent
evidence demonstrating a substantial likelihood of compliance with
the requirements of this chapter, shall be provided with the application,
as follows:
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 therefore, the issuance of any cease-and-desist
order or enforcement notice or the registration or refusal to register
any nonconforming use, structure or lot.
(1)
Filing requirements. Each appeal from the determination of the
Zoning Officer shall include the following:
(a)
A complete application using the form prescribed by the Township
and executed by the applicant.
[1]
The name and address of the appellant and applicant;
[2]
The name and address of the landowner of the real
estate to be affected;
[3]
A brief description and location of the real estate
that is the subject of the determination.
[Amended 3-21-2019 by Ord. No. 2019-01]
[4]
A statement of the present zoning classification
of the real estate in question, the improvements thereon, and the
present use thereof; and
[5]
A reference to the specific section and, where
applicable, the subsection at issue and a statement in numbered paragraphs,
setting forth the grounds for each form of relief sought, together
with each fact supporting the claim for relief.
(b)
Names and addresses of adjacent lot owners;
(c)
A written description of the error and grounds for the appeal;
(d)
A scaled drawing (site plan, including floor plans and elevations,
where appropriate) of the site depicting existing conditions and grounds
for appeal; and
[Amended 3-21-2019 by Ord. No. 2019-01]
(e)
Payment of applicable fees.
[1]
Editor's Note: See 53 P.S. § 10909.1(a).
The Township Board of Supervisors may by resolution prescribe
reasonable fees with respect to applications requiring public hearing
before the Zoning Hearing Board. Fees may provide for the recovery
of administrative expenses incurred by the Township as authorized
by Section 908(1.1) of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10908(1.1).
A.
No application or appeal shall be deemed filed unless and until the
applicable fee is paid, the related form is properly completed, all
informational requirements set forth in this chapter have been satisfied,
and all necessary signatures are applied. Any failure to comply with
the requirements of this subsection may lead to the rejection of the
application or appeal because it is administratively incomplete by
the Zoning Officer.
B.
By executing the application or appeal, the applicant verifies that,
to the best of his or her knowledge, information and belief, each
fact alleged in the application or appeal is true and correct, and
that there exists a good faith basis for the requested permission
or relief.
A.
The Zoning Hearing Board shall conduct public hearings to inform
and obtain public comment and shall make decisions on all matters
for which authority has been granted in Section 909.1(a) of the Pennsylvania
Municipalities Planning Code.
B.
Public notice of a public hearing to be conducted by the Zoning Hearing
Board shall be given at such time and in such manner as prescribed
by Section 908 of the Pennsylvania Municipalities Planning Code. Written
notice of a public hearing also shall be given to the applicant, the
Zoning Officer, and such other persons as the Township Board of Supervisors
shall designate and to any person who has made timely request for
the same.
[Amended 9-3-2020 by Ord. No. 2020-05]
C.
The public hearing on the application shall be held at such time
and in the manner prescribed by Section 908 of the Pennsylvania Municipalities
Planning Code.
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 the Zoning Officer or the
agency responsible for granting such approval 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 or 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.
The Zoning Hearing Board shall hold the initial hearing on any complete
application properly submitted to the Zoning Hearing Board's jurisdiction
within 60 days of the submission. Hearings thereafter shall continue
in accordance with Section 908(1.2) of the Pennsylvania Municipalities
Planning Code.
C.
The failure of anyone other than the landowner to appeal from an
adverse decision by the Zoning Officer on a challenge to the validity
of this chapter or the Official Zoning Map pursuant to Section 916.2
of the Pennsylvania Municipalities Planning Code, shall preclude an
appeal from a final approval except in the case where the final submission
substantially deviates from the approved tentative preliminary approval.
