[Amended 7-8-1980 by Ord. No. 39-1980; 8-9-1983 by Ord. No.
54-1983; 1-3-1984 by Ord. No. 70-1984; 3-21-1988 by Ord. No.
97-1988]
A.
There shall be a Zoning Hearing Board, which shall
consist of three members who shall be appointed by resolution of the
Board of Supervisors. The membership of the Zoning Hearing Board shall
consist of residents of the Township. Their terms of office shall
be three years and shall be so fixed that the term of office of one
member shall expire each year. 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 unexpired portion of the term.
Members of the Zoning Hearing Board shall hold no other office in
the Township, except that no more than one member of the Zoning Hearing
Board may also he a citizen member of the Planning Commission. 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 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 in connection with the vote if the member
shall request it in writing.
[Amended 8-14-1990 by Ord. No. 120-1990]
B.
When used hereafter in this article, the word "Board"
shall mean the Zoning Hearing Board.
The Board shall elect from its own membership its officers, who shall serve annual terms as such and may succeed themselves. For the conduct of any hearing and the taking of any action, a quorum shall not be less than a majority of all the members of the Board, but the Board may appoint a hearing officer from its own membership to conduct any hearing on its behalf, and the parties may waive further action by the Board as provided in § 115-81. The Board may make, alter and rescind rules and forms for its procedures, consistent with ordinances of the Township and laws of the commonwealth. The Board shall keep full public records of its business and shall submit a report of its activities to the Board of Supervisors once a year.
A.
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. Members of the Board may receive compensation for the performance
of their duties as may be fixed by the Board of Supervisors.
B.
The applicant before the Board shall pay to the Treasurer
of the Township a fee, in an amount as established by the Board of
Supervisors, for purposes as prescribed in Section 908(1.1) of the
Act.[1] No application shall be considered complete and no hearing
shall be scheduled without payment of the required fee.
[Amended 8-14-1990 by Ord. No. 120-1990]
[1]
Editor's Note: See 53 P.S. § 10908(1.1).
The Board shall conduct hearings and make decisions
in accordance with the following requirements:
A.
Upon filing a request for a hearing, notice shall be provided as
follows:
[Amended 8-14-1990 by Ord. No. 120-1990; 12-13-2006 by Ord. No. 8-2006; 9-13-2011 by Ord. No. 3-2011; 2-12-2019 by Ord. No. 01-2019; 5-19-2019 by Ord. No. 02-2019]
(1)
The Board shall:
(a)
Fix a reasonable time and place for a public hearing.
(b)
Give public notice thereof, as defined in § 115-6 of this chapter. The notice herein required shall state the location of the lot or building and the general nature of the question involved.
(c)
Provide, by certified mail, a written notice of the public meeting
to the applicant at least 14 days before the date fixed for the hearing.
(d)
Forward a written notice of the hearing to the Zoning Officer,
the Township Secretary, and the Board of Supervisors.
(2)
The applicant shall:
(a)
Post the written notice of said hearing in a conspicuous location
on the affected tract of land, at least one week prior to the hearing.
(b)
Notify all persons registered with the Township to receive notice under § 115-119.1A and all owners of land within 500 feet of the property of the application pursuant to the criteria set forth in § 115-119.1. The applicant shall show proof at the hearing that all property owners were notified.
B.
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, but the parties may waive decision or findings by the Board
and accept the decision or findings of the hearing officer as final.
C.
The parties to the hearing shall be any person who is entitled to notice under Subsection A of this section without special request therefor who has made timely appearance of record before the Board and any other person permitted to appear by the Board.
D.
The Chairman or Acting Chairman of the Board or the
hearing officer presiding shall have power to administer oaths and
issue subpoenas to compel the attendance of witnesses and documents
requested by the parties.
E.
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.
F.
Formal rules of evidence shall not apply, but irrelevant,
immaterial or unduly repetitious evidence may be excluded.
G.
A stenographic record of the proceedings shall be
made by a court reporter. The appearance fee for the court reporter
shall be shared equally by the applicant and the Board. Any party
requesting the original transcript or a copy of the transcript shall
bear the cost of the same. Copies of graphic or written material received
in evidence shall be made available to any party at cost.
[Amended 8-14-1990 by Ord. No. 120-1990]
H.
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 unless the parties are
afforded an opportunity to contest the material so noticed and shall
not inspect the site or its surroundings with any party or his representative
unless all parties are given an opportunity to be present.
I.
The Board or the 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. Each
decision shall be accompanied by findings of fact and conclusions
based thereon, together with the reasons therefor. Conclusions based
on any provisions of this chapter or of any act, rule or regulation
shall contain a reference to the provision relied on and the reasons
why the conclusion is deemed appropriate in the light of the facts
found. If the hearing is conducted by a hearing officer and there
has been no stipulation that his decision or findings are final, the
Board shall make his report and recommendations available to the parties,
and the parties shall be entitled to make written representations
thereon to the Board prior to final decision or entry of findings.
Where the Board has power to render a decision and the Board or the
hearing officer, as the case may be, fails to render the same within
the period required by this subsection, the decision shall be deemed
to have been rendered in favor of the applicant.
J.
A copy of the final decision or, where no decision
is called for, of the findings shall be delivered to the applicant
personally or mailed to him by certified mail not later than the day
following its date. 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
decision or findings and a statement of the place at which the full
decision or findings may be examined.
[Amended 1-11-2005 by Ord. No. 1-2005]
A.
The Board shall hear and decide appeals where it is
alleged by the appellant that the Zoning Officer has failed to follow
prescribed procedures or has misinterpreted or misapplied any provisions
of a valid ordinance or map or any valid rule or regulation governing
the action of the Zoning Officer.
B.
In any appeal of an enforcement notice to the Zoning
Hearing Board, the Township shall have the responsibility of presenting
its evidence first.
C.
Any filing fee paid by a party to appeal an enforcement
notice to the Zoning Hearing Board shall be returned to the appealing
party by the Township if the Zoning Hearing Board or any court in
a subsequent appeal rules in the appealing party's favor.
A.
Except as provided in § 115-85 relating to variances, the Board shall have no power to pass upon the validity of any provision of this chapter or the Zoning Map. Recognizing that challenges to the validity of an ordinance or map may present issues of fact and of interpretation which may lie within the special competence of the Board and to facilitate speedy disposition of such challenges by a court, the Board may hear all challenges wherein the validity of this chapter or the Zoning Map presents any issue of fact or of interpretation not hitherto properly determined at a hearing before another competent agency or body shall take evidence and make a record thereon as provided in § 115-81. At the conclusion of the hearing, the Board shall decide all contested questions of interpretation and shall make findings on all relevant issues of fact which shall become part of the record on appeal to the court.
B.
In considering and making a decision on a request for curative amendment submitted by a landowner pursuant to Article VI of the Pennsylvania Municipalities Planning Code (hereinafter referred to as the “Act”), the Board shall consider, in addition to the general health, safety and welfare of the public and all other matters appropriate to the decision, those factors set forth in Article VI of the Act.[1]
[Added 8-14-1990 by Ord. No. 120-1990; amended 12-13-2006 by Ord. No. 8-2006]
[1]
Editor's Note: See 53 P.S. § 10601
et seq.
Challenges to the validity of the East Bradford
Township Subdivision Regulations[1] or to the validity of the planned residential development provisions of this chapter and appeals from any action of the Zoning Officer thereunder shall be governed by §§ 115-82 and 115-83 but when the Board of Supervisors has held a hearing upon an application for development under the Subdivision Regulations or the planned residential development provisions of this chapter, such hearing shall be deemed in lieu of a hearing by the Board provided for under § 115-83, and appeal from any decision or determination of the Board of Supervisors, including challenge to the validity of any provision of such ordinance, shall lie directly to the court.
A.
The Board shall hear requests for variances where
it is alleged that the provisions of this chapter inflict unnecessary
hardship upon the applicant. The Board may, by rule, prescribe the
form of application and shall require preliminary application to the
Zoning Officer. The Board may grant a variance, provided that the
following findings are made where relevant in a given case:
[Amended 12-13-2006 by Ord. No. 8-2006]
(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 the Zoning Ordinance 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 the Zoning Ordinance 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, not substantially or permanently impair the appropriate
use or development of adjacent property, nor be detrimental to the
public welfare.
(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. The Board shall require that adequate
on-site or off-site water and sewage disposal facilities are available
for the use intended.
A.
Where this chapter has stated special exceptions to
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 the chapter, as
it may deem necessary to implement the purposes of this chapter.
B.
The Board may, by rule, prescribe the form of application
and shall, in the case of an application for a special exception,
require preliminary application to the Secretary of the Township.
At a minimum, the application for special exception shall contain
the following information:
(1)
The name, address and telephone number of the applicant.
(2)
A brief, written summary describing the special exception
sought and the character and extent of uses anticipated by the application.
(3)
Three sets of plans with supporting calculations,
drawn to an appropriate scale and prepared in accordance with the
requirements of the East Bradford Township Subdivision and Land Development
Ordinance, as those requirements relate to the preparation of land
development plans, including but not limited to the content of plans
and the applicable design standards contained in the aforesaid East
Bradford Township Subdivision and Land Development Ordinance.[1]
C.
The Board of Supervisors shall cause to have the plans
and other documents reviewed by the Township Engineer and by the East
Bradford Township Planning Commission and shall forward reports prepared
by said Township Engineer and Planning Commission to the Zoning Hearing
Board for its consideration at least five days before the scheduled
hearing date. The Board may also incorporate, at its option, any comments
or recommendations it may have.
D.
The Zoning Hearing Board shall, among other things:
(1)
Determine that the use of the property adjacent to
the area included in the special exception is adequately safeguarded.
(2)
Consider the effect of the proposed use on the extension
of public services and facilities such as public water, sewers, police
and fire protection and schools.
(3)
Require submission of a certificate of adequacy of
sewage and water facilities from the Chester County Health Department
and evidence of compliance with requirements of all other state or
county agencies having jurisdiction over any proposed use, structure,
service or activity on the site either during or after construction.
(4)
Require safe and efficient use of highways and streets
by limiting the total number of access points on major streets and
highways and encouraging the frontage of buildings on parallel marginal
roads or on roads perpendicular to the highway.
(5)
Require submission of evidence that all special regulations,
design standards and/or general standards applicable to the proposed
use will be complied with.
(6)
Determine that the proposed use will not result in
undue annoyance or hazard to adjacent properties; if so, this shall
be grounds for denial of a special exception.
(7)
Place the burden of proof on the applicant that an
application for a special exception complies with the foregoing standards
and that it is not otherwise contrary to public health, safety and
welfare.
(8)
Weigh each case on its own merits, separately, based
on pertinent information presented at the hearing and without regard
to any previous case.
E.
The following standards and criteria shall be applied by the Zoning Hearing Board to applications for special exceptions pursuant to § 115-22E(4) (community living arrangement), in addition to all other applicable general standards, including, but not limited to, those in Articles XII, XIII and XV.
(1)
A dwelling may be used for a community living arrangement
where the Zoning Hearing Board determines that the community living
arrangement will have no greater impact on the surrounding neighborhood
than a family. A community living arrangement shall have the generic
character of a family and be a relatively permanent household and
not a framework for transients or transient living. The community
living arrangement shall not, in any sense, be an institutional arrangement.
(2)
Residents of the community living arrangement shall
remain in residence for a period of at least six months, and a change
of residents shall not routinely occur except in cases of death, extended
illness or disability.
(3)
Residents of the community living arrangement shall
maintain a single household with shared use of rooms, except bedrooms,
and shared mealtimes and housekeeping responsibilities.
(4)
Residents shall not receive regular medical treatment,
psychological counseling or educational training on the premises.
Such services, provided on a regularly scheduled basis, constitute
an institutional use that is not consistent with a residential neighborhood.
(5)
The applicant shall present a plan to indicate provision
of twenty-four-hour care and supervision adequate to prevent vandalism,
disorderly conduct or any other antisocial behavior on the part of
the residents.
(6)
The applicant shall demonstrate how the property will
be maintained to prevent disrepair, overgrowth of weeds, accumulation
of debris and like conditions which might lead to health hazards or
diminution of property values.
(7)
The use shall not create an increase in traffic or
parking from that generated by a family unit.
(8)
Any parking required by supervisors, employees, residents, guests or visitors shall be off street, and the applicant shall show that provision therefor has been made consistent with § 115-58.
(9)
The group home shall be licensed and operated by the
Department of Public Welfare or by any other state agency or department
pursuant to statutory authority.
(10)
A community living arrangement shall not have
more than four residents, excluding foster parents and staff.
(11)
No community living arrangement shall be allowed
within 1/2 mile from any other community living arrangement.
(12)
A community living arrangement shall be permitted
only in a single-family dwelling and not in any other type of structure
that might be otherwise allowed in the R-4 District.
(13)
Any grant of special exception pursuant to this
section shall be expressly conditioned upon the applicant providing
the Township with the following information within 30 days from the
date of the Zoning Hearing Board decision and annually thereafter:
(a)
Identification of the property owner.
(b)
Identification of the applicant.
(c)
Identification of the operator of the facility.
(d)
Identification of the person who is responsible
for the property with specific mention on how this person may be contacted
on a twenty-four-hour basis.
(e)
List of employees and taxpayer identification
numbers.
(f)
After the first year, identification of the
number of residents at the group home and the duration of each resident's
stay.
(g)
Proof of license from appropriate regulatory
agency.
[Added 11-8-1988 by Ord. No. 103-1988]
A.
Temporary dwelling units.
(1)
No temporary structure, whether fixed or mobile
in nature, shall be established for any dwelling purpose for any length
of time unless it is in compliance with the Township Building Code
and is approved as a special exception by the Zoning Hearing Board.
Such approval shall be granted only where the applicant demonstrates
that a permanent use, in compliance with the applicable terms of this
chapter, is being pursued with due diligence and that the temporary
dwelling will be utilized for the minimum practical time period and
removed immediately upon the expiration of that period. The maximum
allowable time period for keeping a temporary dwelling unit on the
property shall be 12 months, unless the Zoning Hearing Board shall,
upon further request of the applicant, grant one extension of that
period for a maximum of six additional months.
(2)
A use and occupancy permit shall be required
prior to the utilization of any such temporary dwelling unit, and
shall be issued only in accordance with the above stipulations.
B.
Sales and construction trailers.
(1)
Temporary structures, located on a tract undergoing
development, that are utilized for construction management purposes
may, while serving that function, remain on the tract only during
active development of the property. Removal shall occur immediately
upon completion of the development process. Sales trailers may be
located on such a tract only during active development of the property,
but shall be removed no later than one year following the start of
construction. No extension of this time limit shall be permissible
except upon the grant of an extension of time, in up to one-year increments,
by the Township Zoning Officer. A permitted use and occupancy permit
shall not issue on any lot or tract until such time as sales or construction
trailers have been removed.
[Amended 11-8-2005 by Ord. No. 9-2005]
(2)
A use and occupancy permit shall be required
prior to the utilization of any such temporary structure, and shall
be issued only in accordance with the above stipulations.
C.
Compliance with Township ordinances. In addition to meeting the criteria for approval of a special exception as set forth in § 115-86 above, proposed temporary structures shall comply with all other applicable regulations and ordinances of East Bradford Township, including but not limited to the area and bulk regulations and design standards of the zoning district in which the structure is located, except that the Township Zoning Officer, in his discretion, may allow temporary relief from such regulations and standards as to sales and construction trailers referenced in §115-86.1B herein.
[Amended 11-8-2005 by Ord. No. 9-2005]
Appeals under § 115-82 and proceedings to challenge any ordinance under § 115-83 may be filed with the Board, in writing, by any officer or agency of the Township or any person aggrieved. Request for a variance under § 115-85 and for special exception under § 115-86 may be filed with the Board by any landowner or any tenant with the permission of such landowner.
The time limitations for raising certain issues
and filing certain proceedings with the Board shall be the following:
A.
No issue of alleged defect in the process of enactment
of any ordinance or map or any amendment thereto shall be raised in
any proceeding filed with the Board later than 30 days from the time
such ordinance, map or amendment takes effect unless the person raising
such issue alleges and proves that he failed to receive adequate notice
of the enactment or amendment. If such person has succeeded to his
interest after the enactment of the ordinances, adequate notice to
his predecessor in interest shall be deemed adequate notice to him.
B.
No person shall be allowed to refile any proceeding
with the Board later than 30 days after any application for development,
preliminary or final, has been approved by the Board of Supervisors
if such proceeding is designed to secure reversal or to limit the
approval in any manner unless such person alleges and proves that
he failed to receive adequate notice of such approval. If such person
has succeeded to his interest after such approval, adequate notice
to his predecessor in interest shall be deemed adequate notice to
him.
Upon filing of any proceeding referred to in § 115-87 and during its pendency before the Board, all land development pursuant to any challenged ordinance, order or approval of the Zoning Officer or of any agency or body and all official action thereunder shall be stayed unless the Zoning Officer or any other appropriate agency or body certifies to the Board facts indicating that such stay would cause imminent peril to life or property, in which case the development or official action shall not be stayed otherwise than by a restraining order, which may be granted by the Board or by the court having jurisdiction of zoning appeals on petition after notice to the Zoning Officer or other appropriate agency or body. When an application for development, preliminary or final, has been duly approved and proceedings designed to reverse or limit the approval are filed with the Board by persons other than the applicant, the applicant may petition the court having jurisdiction of zoning appeals to order such persons to post bond as a condition to continuing the proceedings before the Board. The question whether or not such petition should be granted and the amount of the bond shall be within the sound discretion of the court.
