[Ord. 1-1953, 2/9/1953, Art. XII, § 1200; as amended by Ord. 436, 8/7/2007, § 1]
A Zoning Hearing Board is hereby established. The Zoning Hearing
Board shall consist of three members to be appointed by the Township
Commissioners whose service, removal for cause, and replacement following
vacancy shall be subject to and in accordance with Article IX of the
Pennsylvania Municipalities Planning Code, 53 P.S. § 10901
et seq.
[Ord. 1-1953, 2/9/1953, Art. XII, § 1201; as amended by Ord. 436, 8/7/2007, § 1]
The Zoning Hearing Board shall adopt rules in accordance with
the provisions of this chapter and Article IX of the Pennsylvania
Municipalities Planning Code, 53 P.S. § 10901 et seq. Meetings
of the Zoning Hearing Board shall be held at the call of the Chairman,
and at such other times as the Board may determine. Such Chairman,
or in his absence, the Acting Chairman, may administer oaths, and
compel the attendance of witnesses. All meetings of the Zoning Hearing
Board shall be open to the public. The Zoning Hearing Board shall
keep minutes of its proceedings, showing the vote of each member upon
each question or if absent or failing to vote, indicating such fact,
and shall keep records of its examinations of the Board and shall
be a public record.
[Ord. 1-1953, 2/9/1953, Art. XII, § 1202; as amended by Ord. 436, 8/7/2007, § 1]
1.
Appeals to the Zoning Hearing Board may be taken by any person aggrieved,
or by any officer of the Township affected by any decision of the
administrative officer. Such appeal shall be taken within 30 days
(or such lesser time as prescribed by the Zoning Officer in any notice
of violation, enforcement notice, or accompanying order to cease and
desist), as provided by the rules of the Zoning Hearing Board, by
filing with the officer from whom the appeal is taken, and with the
Zoning Hearing Board, a notice of appeal specifying the grounds thereof.
The officer from whom the appeal is taken shall forthwith transmit
to the Zoning Hearing Board all the papers constituting the record
upon which the action appealed from was taken.
2.
An appeal stays all proceedings in furtherance of the action appealed
from, unless the officer from whom the appeal is taken certifies to
the Zoning Hearing Board, after the notice of appeal shall have been
filed with him, that, by reason of facts stated in the certificate,
a stay would, in his opinion, cause imminent peril to life and property.
In such case, proceedings shall not be stayed otherwise than by a
restraining order, which may be granted by the Zoning Hearing Board,
or by a Court of Common Pleas of the County on application, on notice
to the officer from whom the appeal is taken, and due cause shown.
3.
The Zoning Hearing Board shall fix a time for the hearing of the
appeal, give public notice thereof, as well as due notice to the parties
in interest, and decide the same. Upon the hearing, any party may
appear in person, or by agent or by attorney. All public hearings
before the Zoning Hearing Board shall be conducted within such time,
upon such public notice, and otherwise in accordance with Article
IX of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10901
et seq.
[Ord. 1-1953, 2/9/1953, Art. XII, § 1203; as amended by Ord. 436, 8/7/2007, § 1]
1.
The Zoning Hearing Board shall have the following powers.
A.
To hear and decide appeals where it is alleged there is error in
any order, requirement, decision, or determination made by the zoning
officer or any other administrative official in the enforcement of
this chapter, or of any ordinance adopted under the Pennsylvania Municipalities
Planning Code, 53 P.S. § 10101 et seq.
B.
To hear and decide special exceptions to the terms of the ordinance
which such Zoning Hearing Board is required to pass under this chapter.
C.
To authorize, upon appeal, in specific cases, such variance from
the terms of the ordinance as will not be contrary to the public interest,
where, owing to special conditions, a literal enforcement of the provisions
of this chapter will result in unnecessary hardship, and so that the
spirit of this chapter shall be observed and substantial justice done.
2.
In exercising the above mentioned powers, the Zoning Hearing Board
may, in conformity with the provisions of the Pennsylvania Municipalities
Planning Code, 53 P.S. § 10101 et seq., relating thereto,
and all other applicable laws of the Commonwealth of Pennsylvania,
reverse or affirm, wholly or partly, or may modify the order, requirement,
decision, or determination appealed from, and may make such order,
requirement, decision, or determination as ought to be made, and,
to that end, shall have all the powers of the officer from whom the
appeal is taken. Notice of such decision shall forthwith be given
to all parties in interest.
[Ord. 1-1953, 2/9/1953, Art. XII, § 1204; as amended by Ord. 1-1956, 3/12/1956, § 3;
as repealed by Ord. 352, 12/1/1992; and as amended by Ord. 436, 8/7/2007, § 1]
1.
The Board of Commissioners shall determine and adopt by resolution
at a public meeting from time to time a schedule of fees, charges,
and expenses, as well as a collection procedure for permits and appeals
and other matters pertaining to this chapter.
2.
The Board of Commissioners is empowered to re-evaluate the fee schedule
and make necessary revisions thereto. Such revisions shall not be
considered amendments to this chapter and may be adopted by resolution
at any public meeting of the Board.
[Ord. 1-1953, 2/9/1953, Art. XII, § 1205; as amended by Ord. 436, 8/7/2007, § 1]
Approval of a use by special exception shall expire automatically
without written notice to the applicant if no application for a grading
permit, building permit or zoning certificate to undertake the construction
for authorize the occupancy described in the application for approval
of the use by special exception is submitted within 12 months of said
approval, unless the Zoning Hearing Board, in their sole discretion,
extends approval of the use by special exception upon written request
of the applicant received prior to its expiration. The maximum extension
permitted shall be one twelve-month extension.
