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 be not less than two 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 §
220-141. The Chairman of the Board may designate alternate members of the Board to replace any absent or disqualified member, and if, by reason of absence or disqualification of a member, a quorum is not reached, the Chairman of the Board shall designate as many alternate members of the Board to sit on the Board as may be needed to reach a quorum. Any alternate member of the 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 Board has made a final decision on 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. The Board may make, alter and rescind rules and forms for its procedure, consistent with ordinances of the Township and laws of the commonwealth. The 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 upon request.
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. Alternate members of the 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 §
220-139, but in no case shall such compensation exceed the rate of compensation authorized to be paid to the members by the Board of Supervisors.
The Zoning Hearing Board shall have the exclusive
jurisdiction to hear and render decisions in the following matters:
A. Substantive challenges to the validity of this chapter, except those brought before the Board of Supervisors pursuant to §
220-150E of this chapter.
(1)
If a challenge heard by a Zoning Hearing Board
is found to have merit, the decision of the Zoning Hearing Board shall
include recommended amendments to the challenged ordinance which will
cure the defects found. In reaching its decision, the Zoning Hearing
Board shall consider the amendments, plans and explanatory material
submitted by the landowner and shall also consider:
(a)
The impact of the proposal upon roads, sewer
facilities, water supplies, schools, and other public service facilities;
(b)
If the proposal is for a residential use, the impact of the proposal upon regional housing needs and the effectiveness of the proposal in providing housing units of a type actually available to, and affordable by, classes of persons otherwise unlawfully excluded by the challenged provisions of the ordinance or Official
Zoning Map;
(c)
The suitability of the site for the intensity
of use proposed, considering the site's soils, slopes, woodlands,
wetlands, floodplains, aquifers, natural resources, and other natural
features;
(d)
The impact of the proposed use on the site's
soils, slopes, woodlands, wetlands, floodplains, natural resources,
and natural features, the degree to which these are protected or destroyed,
the tolerance of the resources to development and any adverse environmental
impacts; and
(e)
The impact of the proposal on the preservation
of agriculture and other land uses which are essential to public health
and welfare;
(2)
Public notice of the hearing shall be provided, as specified in §
220-150B(1) of this chapter;
(3)
The Zoning Hearing Board shall commence its
hearings within 60 days after the request is filed, unless the landowner
requests or consents to an extension of time;
(4)
The Zoning Hearing Board shall render its decision
within 45 days after the conclusion of the last hearing. If the Board
fails to act on the landowner's request within this time limit, a
denial of the request is deemed to have occurred on the 46th day after
the close of the last hearing;
B. Challenges to the validity of the this chapter, raising
procedural questions or alleged defects in the process of enactment
or adoption, which challenges shall be raised by an appeal taken within
30 days after the effective date of the chapter;
C. Special exceptions, as provided for in this chapter
and subject to all applicable requirements, including, but not limited
to:
(1)
Filing requirements. In addition to the required zoning permit information (see §
220-148), each special exception application shall include the following:
[Amended 10-1-2008 by Ord. No. 2008-03]
(a)
Ground floor plans and elevations of proposed
structures;
(b)
Names and addresses of adjoining property owners,
including properties directly across a public right-of-way;
(c)
A scaled drawing (site plan) of the site with
sufficient detail and accuracy to demonstrate compliance with all
applicable provisions of this chapter; and
(d)
A written description of the proposed use in
sufficient detail to demonstrate compliance with all applicable provisions
of this chapter;
(2)
General criteria. Each applicant must demonstrate,
by credible evidence, compliance with the following:
(a)
The proposed use shall be consistent with the
purpose and intent of this chapter;
(b)
The proposed use shall not detract from the
use and enjoyment of adjoining or nearby properties;
(c)
The proposed use will not substantially change
the character of the subject property's neighborhood;
(d)
Adequate public facilities are available to
serve the proposed use (e.g., schools, fire, police and ambulance
protection, sewer, water and other utilities, parks, solid waste disposal,
vehicular access, etc.);
(e)
The proposed use shall comply with those criteria
specifically attached to it. In addition, the proposed use must comply
with all other applicable regulations contained in this chapter;
(f)
The traffic generated by the proposed use shall
be safely and adequately accommodated during peak and nonpeak periods,
or improvements made by the applicant shall be made in order to effect
the same;
(g)
The proposed use shall be in and of itself properly
designed with regard to internal circulation, parking, buffering,
screening, and all other elements of proper design, as required by
this chapter and any other federal, state or local ordinance, law
or regulation;
(h)
The proposed use will not have deleterious impact
on adjoining properties or the neighborhood, due to impacts and/or
by-products of the proposed use, such as noise, dust, odor, smoke,
litter, glare, heat, radiation, electromagnetic interference, etc.;
(i)
The proposed use will not substantially impair
the integrity of the Comprehensive Plan; and
(j)
For development within the Floodplain Zone, the application shall comply with those requirements listed in §
220-19 of this chapter.
(3)
Conditions. The Zoning Hearing Board, in approving special exception applications, may attach conditions considered necessary to protect the public welfare and the purposes listed above, including conditions which are more restrictive than those established for other uses in the same zone. 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 Article
VII; and
(4)
Site plan approval. Any site plan presented in support of the special exception pursuant to §
220-142C(1) shall become an official part of the record for said special exception. Approval of any special exception will also bind the use in accordance with the submitted site plan; therefore, should a change in the site plan be required as part of the approval of the use, the applicant shall revise the site plan prior to the issuance of a zoning permit. Any subsequent change made after the issuance of a zoning permit to the proposed use of the subject property, which is not reflected on the approved site plan, may, at the discretion of the Zoning Officer, require the obtainment of another special exception approval;
[Amended 10-1-2008 by Ord. No. 2008-03]
D. Variances. 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 to the Zoning Officer, which shall at least include
the following:
(1)
Filing requirements. In addition to the required zoning permit information (see §
220-148), each variance shall include the following:
[Amended 10-1-2008 by Ord. No. 2008-03]
(a)
Names and addresses of adjoining property owners,
including properties directly across a public right-of-way;
(b)
A scaled drawing (site plan) with sufficient
detail and accuracy so as to present the nature of the request and
the unique site conditions that create hardship to strict compliance
with this chapter; and
(c)
A written description of the requested variance,
along with a description of the hardship that is being alleged, and
all reasons why the variance should be granted;
(2)
General criteria. The Board may grant a variance,
provided that all of the following findings are made where relevant
in a given case:
(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 zone 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 zone or neighborhood in which the property
is located, nor substantially or permanently impair the appropriate
use or development of adjacent property, not 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)
That variances within the Floodplain Zone shall comply with §
220-26K of this chapter; and
(g)
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. 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 Article
VII.
E. 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;
F. Appeals from a determination by the Township Engineer
or the Zoning Officer with reference to the administration of any
provisions contained within the Floodplain Zone;
G. Appeals from the Zoning Officer's determination under
Section 916.2 (and any subsequent amendments) of the Act; and
H. Appeals from the determination of the Zoning Officer or Township Engineer in the administration of any land use ordinance, with reference to sedimentation and erosion control and/or stormwater management for applications not involving a subdivision/land development, nor a planned residential development, as regulated in Articles
V and
VII of the Act, respectively.
Appeals under §
220-142E,
F,
G, and
H, and proceedings to challenge this chapter under §
220-142A and
B, may be filed with the Board in writing by the landowner affected, any officer or agency of the Township, or any person aggrieved. Requests for a variance under §
220-142D, and for special exception under §
220-142C, may be filed with the Board by any landowner, or any tenant with the permission of such landowner. Any appeal shall state:
A. The name and address of the appellant and applicant;
B. The name and address of the landowner of the real
estate to be affected. If the landowner is not the appellant or applicant,
the landowner's written permission shall be attached to the appeal;
C. 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;
D. A statement of the present zoning classification of
the real estate in question, the improvements thereon, and the present
use thereof; and
E. A statement of the section of this chapter under which
the request may be allowed, and reasons why it should or should not
be granted.
Any person, taxpayer or the Township aggrieved
by any decision of the Board may, within 30 days after such decision
of the Board, seek review by the Court of Common Pleas of such decision
in the manner provided by the laws of the Commonwealth of Pennsylvania
and Article X-A of the Act, as amended.