A.
Membership of board.
(1)
The membership of the Board shall consist of three residents of the
Township appointed by resolution of the Board of Supervisors. The
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 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 Board shall hold no other office in the
Township.
(2)
The Board of Supervisors may appoint by resolution three residents of the Township to serve as alternate members of the Board. The term of office of an alternate member shall be three years. When seated pursuant to the provision of Subsection B, an alternate shall be entitled to participate in all proceedings and discussions of the Board to the same and full extent as provided by law for Board members, including specifically the right to cast a vote as a voting member during the proceedings, and shall have all the powers and duties set forth in this chapter and as otherwise provided by law. Alternates shall hold no other office in the Township. Any alternate may participate in any proceeding or discussion of the Board but shall not be entitled to vote as a member of the Board nor be compensated pursuant to 53 P.S. § 10907 of the Pennsylvania Municipalities Planning Code, as reenacted and amended, unless designated as a voting alternate member pursuant to Subsection B.
B.
Organization of Board.
(1)
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 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 § 175-28.
(2)
If by reason of absence or disqualification of a member a quorum
is not reached, the Chairman of the Board shall designate the alternate
member of the Board to sit on the Board to provide a quorum. The 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 determination of the matter
or case.
(3)
The Board may make, alter and rescind rules and forms for its procedure,
consistent with ordinances of the municipality 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 as requested by the Board
of Supervisors.
C.
Powers. The Zoning Hearing Board shall have exclusive jurisdiction
to hear and render final decisions in the following matters:
(1)
Substantive challenges to the validity of any land use ordinance
except those brought before the Board of Supervisors pursuant to 53
P.S. §§ 10609.1 and 10916.1(a)(2) of the Pennsylvania
Municipalities Planning Code, as reenacted and amended.
(2)
Challenges to the validity of a land use ordinance 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 said chapter.
(3)
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.
(4)
Appeals from a determination by the Township Engineer or the Zoning
Officer with reference to the administration of any Floodplain or
Flood Hazard Ordinance or such provision within a land use ordinance.
(5)
Applications for variances from the terms of this Zoning chapter and Chapter 87, Floodplain Management, or such provisions within a land use ordinance, pursuant to 53 P.S. § 10910.2 of the Pennsylvania Municipalities Planning Code.
(6)
Applications for special exceptions under this Zoning chapter or Chapter 87, Floodplain Management, or such provision within a land use ordinance, pursuant to 53 P.S. § 10912.1 of the Pennsylvania Municipalities Planning Code.
(7)
Appeals from the determination of any officer or agency charged with
the administration of any performance density provision of this Zoning
chapter.
(8)
Appeals from the Zoning Officer's determination under 53 P.S. § 10916.2,
Procedure to Obtain Preliminary Opinion, of the Pennsylvania Municipalities
Planning Code, as reenacted and amended.
(9)
Appeals from the determination of the Zoning Officer or Township
Engineer in the administration of any land use ordinance or provision
thereof with reference to sedimentation and erosion control and stormwater
management insofar as the same related to development not involving
subdivision and land development applications.
D.
Board calendar. Each application or appeal, filed with the Township
in the proper form and containing the required data, must be numbered
serially and be placed upon the calendar of the Board by the Secretary.
Applications and appeals must be assigned for hearing in the order
in which they appear on the calendar. However, for good reason, the
Board may order the advance of an application or appeal. A hearing
must be held within 60 days from the date the appeal or application
is filed, unless the applicant has agreed, in writing, to an extension
of time.
A.
Notice. Public notice, as defined in this chapter, and written notice
of the hearing, which shall state the time and place of the hearing,
the name of the owner of the property in question, the parcel's location
and existing use, and the purpose of the hearing, shall be given:
(1)
To the public, by advertising once each week for two successive weeks
in a newspaper of general circulation in the municipality. The first
advertisement shall not be more than 30 days and the second advertisement
shall not be less than seven days prior to the date of the hearing.
(2)
To the applicant, the Zoning Officer, the Planning Commission, such
other persons as the Board of Supervisors shall designate, and to
any person who at least 15 days prior to the scheduled hearing date
has made request for the same. This notice shall be by personal delivery
or by regular mail to said persons at their last known address at
least one week prior to the date of the hearing. If mailed, the notice
shall be deemed to be given on the date mailed.
(3)
By posting, in a conspicuous manner, a notice on the affected parcel
of land at least one week prior to the date of the hearing.
B.
Fees. The Board of Supervisors may prescribe by resolution reasonable
fees with respect to hearings before the Zoning Hearing Board. The
current list of fees is on file in the Township office.
C.
Conduct of hearing.
(1)
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
Township, may, prior to the decision of the hearing, waive decision
or findings by the Board and accept the decision of the hearing officer
as final.
(2)
Formal rules of evidence shall not apply, but irrelevant, immaterial
or unduly repetitious evidence may be excluded.
(3)
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 the hearing with any party or his representative
unless all parties are given an opportunity to be present.
D.
Representation; statements.
(1)
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 appearances,
in writing, on forms provided by the Board for that purpose.
(2)
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.
(4)
The applicant or appellant must be given an opportunity for rebuttal.
E.
Witness. 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 the production of relevant
documents and papers, including witnesses and documents requested
by the parties.
F.
Decision procedure.
(1)
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 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 or of any ordinance, 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 this decision of findings is final, the Board shall make his
report and recommendations available to the parties within 45 days
and the parties shall be entitled to make written representations
thereon to the Board prior to final decision or entry of findings,
and the Board's decision shall be entered no later than 30 days after
the report of the hearing officer.
(2)
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 not later than the day following its date. To all other
persons who have filed their name and address 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.
(3)
Whenever the Board imposes a condition or conditions with respect
to the granting of an application or appeal, this condition must be
stated in the order of the Board and in the permit issued pursuant
to the order by the Zoning Officer. This permit remains valid only
as long as the conditions or conditions upon which it was granted
or the conditions imposed by this chapter are adhered to.
G.
Records. The Board or the hearing officer, as the case may be, shall
keep a stenographic record of the proceedings.
A.
Filing of variance.
(1)
An application may be made to the Zoning Hearing Board for a variance
where it is alleged that the provisions of this Zoning chapter inflict
unnecessary hardship upon the applicant. The application must be on
a form provided for that purpose by the Zoning Officer. It must be
filed with the Board and copies given to the Zoning Officer and Township
Planning Commission. The applicant must provide all the information
requested on the form, together with any other information and data
that may be required to advise the Board of the variance, whether
such information is called for by the official form or not.
(2)
Unless otherwise specified or extended by the Board, a variance authorized
by it expires if the applicant fails to obtain a zoning permit or
certificate of use and occupancy within 12 months from the date of
the authorization of the variance.
B.
Referral to Planning Commission. All applications for a variance
shall be referred to the Planning Commission for a report.
C.
Standards for variance. The Board may grant a variance in the application
of the provisions of this chapter, provided that all of the following
findings are made where relevant in a given case:
(1)
There are unique physical circumstances or conditions, including:
(a)
Irregularity, narrowness, or shallowness of lot size or shape;
or
(b)
Exceptional topographical or other physical conditions peculiar
to the particular property; and
(c)
That the unnecessary hardship is due to such conditions and
not the circumstances or conditions generally created by the provisions
of this Zoning chapter in the neighborhood or zone in which the property
is located.
(2)
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 Zoning chapter and that the authorization
of a variance is therefore necessary to enable the reasonable use
of the property.
(3)
The unnecessary hardship has not been created by the applicant.
(4)
The variance, if authorized, will not alter the essential character
of the neighborhood or zone 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.
(5)
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.
D.
Conditions. In granting any variance, the Board may attach such reasonable
conditions and safeguards as it may deem necessary to implement the
purposes of this Zoning chapter.
A.
Filing of special exceptions.
(1)
For any use permitted by special exception, a special exception must
be obtained from the Zoning Hearing Board. In addition to the information
required on the zoning permit application, the special exception application
must show the following:
(2)
Unless otherwise specified or extended by the Zoning Hearing Board,
a special exception authorized by the Board expires if the applicant
fails to obtain, where required to do so, a zoning permit or certificate
of use and occupancy within 12 months of the date of the authorization
of the special exception.
B.
Temporary special exceptions.
(1)
A temporary special exception must be obtained from the Zoning Hearing
Board for any nonconformity which is or will be seasonal or is or
will be in the public interest. The Zoning Hearing Board may grant
a temporary special exception for a nonconforming use or structure,
existing or new, which:
(2)
The temporary special exception may be issued for a period not exceeding
one year, and may be renewed for an aggregate period not exceeding
three years. The nonconforming structure or use must be completely
removed upon the expiration of the special exception without cost
to the Township.
C.
Referral to Planning Commission. All applications for a special exception
shall be referred to the Township Planning Commission for a report.
D.
Conditions. The Zoning Hearing Board, in passing upon special exception
applications, 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 Zoning chapter.
E.
General standards.
(1)
A special exception may be granted when the Zoning Hearing Board
finds from a preponderance of the evidence produced at the hearing
that:
(a)
The proposed use, including its nature, intensity and location,
is in harmony with the orderly and appropriate development of the
zone;
(b)
Adequate water supply, sewage disposal, storm drainage and fire
and police protection are or can be provided for the use;
(c)
The use of adjacent land and buildings will not be discouraged
and the value of adjacent land and buildings will not be impaired
by the location, nature and height of buildings, walls and fences;
(d)
The use will have proper location with respect to existing or
future streets giving access to it, and will not create traffic congestion
or cause industrial or commercial traffic to use residential streets;
and
(e)
The specific standards set forth for each particular use for
which a special exception may be granted have been met.
(2)
The applicant for a special exception shall have the burden of proof,
which shall include the burden of going forward with the evidence
and the burden of persuasion on all questions of fact which are to
be determined by the Zoning Hearing Board.
