All action before the Board shall be initiated
by a written application for hearing which shall be filed with the
Zoning Officer at least two weeks prior to the meeting at which the
particular matter is to be heard. All applications shall be made on
forms specified by the Board, and no applications shall be accepted
unless the same shall be fully and legibly completed and unless all
exhibits and supplemental material required by the application shall
be attached.
All appeals from a determination adverse to
a landowner or other applicant shall be filed within 30 days after
notice of the determination is issued.
The Board shall meet to hear and consider such
matters which shall properly come before it. All such meetings shall
be open to the public.
A. Notice. Public notice shall be given and written notice
shall be given to the applicant, the Zoning Officer and to all persons
who shall own property within 500 feet of any property which shall
be the subject of an application before the Board. In addition to
the notice provided herein, notice of said hearing shall be conspicuously
posted on the affected tract of land at least one week prior to the
hearing.
B. 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.
C. 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.
D. 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 municipality may, prior to the decision of the
hearing, waive decisions or findings by the Board and accept the decision
or findings of the hearing officer as final.
E. 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 the power to require that all persons who wish to be considered
parties enter an appearance, in writing, on forms provided by the
Board for that purpose.
F. The Chairman or Acting Chairman shall have the 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 parties.
G. 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. Formal rules of evidence shall not apply, but irrelevant,
immaterial or unduly repetitious evidence may be excluded.
I. The Board or the hearing officer shall keep a stenographic
record of the proceedings. The appearance fee for a stenographer shall
be shared equally by the applicant and the Board. The cost of the
original transcript shall be paid by the Board if the transcript is
ordered by the Board or hearing officer or shall be paid by the person
appealing from the decision of the Board if such appeal is made, and
in either event the cost of additional copies shall be paid by the
person requesting such copy or copies. In other cases the party requesting
the original transcript shall bear the cost thereof.
J. 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. "Board,"
as used herein, shall include the members of the Board as well as
any Secretary, Clerk, legal counsel or consultant.
K. The Board or 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 the Pennsylvania Municipalities Planning Code, this chapter or other rules or regulations shall contain a reference to the provisions relied on and the reasons why the conclusions are deemed appropriate in the light of the facts found. Where the Board fails to render the decisions within the period required 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 hereinafter provided, the 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
L below. If the Board shall fail to provide such notice, the appellant 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.
L. A copy of the final decision or, where no decision
is called for, the findings shall be delivered to the applicant personally
or mailed to him not later than the day following the date of the
decision. To all other persons who have filed their names and addresses
with the Board not later than the last day of the hearing, the Board
shall provide by mail or otherwise brief notice of the decisions or
findings and a statement of the place at which the full decision or
findings may be examined.
M. Appeals to the court Any person aggrieved by any decisions
of the Board may, within 30 days after such decision of the Board,
file an appeal to the Court of Common Pleas of Bucks County. Such
appeals shall be made in accordance with the Pennsylvania Municipalities
Planning Code (Act 247, as amended).
The Board shall hear requests for variances
where it is alleged that the provisions of this chapter inflict unnecessary
hardship on the applicant. The Board may by rule prescribe the form
of application and may require preliminary application to the Zoning
Officer.
A. The Board may grant a variance, provided that the
following findings are made where relevant in a given case:
(1)
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;
(2)
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 the
reasonable use of the property;
(3)
That such unnecessary hardship has not been
created by the appellant;
(4)
That 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; and,
(5)
That 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.
B. 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.
C. The relief granted pursuant to the grant of a variance
shall expire five years from the date of the written decision granting
the variance by the Zoning Hearing Board, five years from the date
of the Board of Supervisors approval at a public meeting of a preliminary
subdivision and/or land development plan based, in part, upon the
variance, or five years from the date of a final Order of Court arising
from an appeal from the granting of the variance, but same shall not
be extended if the appeal arises from the grant of a subdivision and/or
land development approval where the variance or variances were a part
of same.
[Added 4-14-2004 by Ord. No. 317]
In order not to unreasonably delay the time
when a landowner may secure assurance that the ordinance or map under
which he proposed to build is free from challenge and recognizing
that the procedure for preliminary approval of his development may
be too cumbersome or may be unavailable, the landowner may advance
the date from which time for any challenge to the ordinance or map
will run by the procedure set forth in Section 916.2 of the Pennsylvania
Municipalities Planning Code (Act 247), as amended.