A.
Zoning Hearing Board jurisdiction. Except as provided for in § 300-135B, the Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudication in the following matters:
B.
Board of Commissioners jurisdiction. The Board of
Commissioners shall have exclusive jurisdiction to hear and render
final adjudication in the following matters:
A.
Appointment. The Board of Commissioners shall appoint
a Zoning Hearing Board consisting of five members who shall be residents
of the Township. The members of the Zoning Hearing Board shall be
removable for cause by a majority vote of the Board of Commissioners
upon written charges and after a public hearing. The word "Board,"
when used in this section, shall mean the Zoning Hearing Board.
B.
Terms of office. The terms of office of the Board
shall be five years and shall be so fixed that the term of office
of one member of the Board shall expire each year. 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 municipality.
C.
Alternate members. Alternate members may be appointed
by the Board of Commissioners as provided for under the Pennsylvania
Municipalities Planning Code. When seated pursuant to the Pennsylvania
Municipalities Planning Code, an alternate shall be entitled to participate
in all proceedings and discussions of the Board.
D.
Powers and duties. The Board shall have the following
powers:
(1)
Appeals and interpretations. To hear and decide
appeals where it is alleged there is an error in any order, requirement,
decision or determination made by an administrative official in the
enforcement of this chapter. To interpret upon the words, terms, rules,
regulations, provisions and restrictions of this chapter where there
is doubt as to the meaning thereof, including determination in specific
instances whether questionable uses are permitted by virtue of being
similar to or customarily incidental to permitted uses as provided
by this chapter.
(2)
Special exceptions. To hear and decide special
exceptions to the terms of this chapter, in such cases as are herein
expressly provided for, with power to impose appropriate conditions
and safeguards.
(3)
Variances.
(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 may require preliminary application to the Code
Enforcement Officer. The Board may grant a variance, provided that
all of 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.
[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 the Pennsylvania Municipalities Planning
Code and this chapter.
(5)
To herein decide special exceptions and/or variances
required on applications for land development and/or subdivision only
after the application for land development and/or subdivision has
been reviewed by the Marple Township Planning Commission.
E.
Burden of proof for special exceptions. An applicant
for a special exception shall have the burden of establishing:
F.
Burden of proof for variances. An applicant for a
variance shall have the burden of establishing:
G.
Public interest criteria. In determining whether the
allowance of a special exception or a variance is contrary to the
public interest, the Zoning Hearing Board shall consider whether the
application, if granted, will:
(1)
Be detrimental to appropriate use of adjacent
properties.
(2)
Cause undue congestion of pedestrian or vehicular
traffic.
(3)
Endanger the safety of persons or property by
improper location or design of facilities for ingress or egress.
(4)
Increase the danger of fire or otherwise endanger
the public safety.
(5)
Overcrowd the land or create an undue concentration
of population.
(6)
Impair an adequate supply of light and air to
adjacent property.
(7)
Adversely affect transportation or unduly burden
water, sewer, school, park or other public facilities.
(8)
Adversely affect the public health, morals,
safety or general welfare.
(9)
Run counter to the spirit and purpose of this
chapter.
H.
General standards. In any instance where the Zoning
Hearing Board shall consider a special exception or variance in accordance
with the provisions of this chapter, the Board shall, among other
things:
(1)
Consider the suitability of the property for
the use desired and assure itself that the proposed change is consistent
with the spirit, purpose and intent of this chapter.
(2)
Determine that the proposed change will not
substantially injure or detract from the use of neighboring property
nor from the character of the neighborhood and that the use of the
property adjacent to the area including the proposed change or plan
is adequately safeguarded.
(3)
Determine that the proposed change will serve
the best interests of the Township and the public welfare.
(4)
Consider the effect of the proposed change upon
the logical, efficient and economical extension of public services
and facilities such as public water, sewers, police and fire protection
and public schools.
(5)
Consider the suitability of the proposed location
of an industrial or commercial use with respect to probable effects
upon highway traffic and assure adequate access arrangements in order
to protect all streets from undue congestion and hazard.
(6)
Be guided in its study, review and recommendation
by sound standards of subdivision practice, where applicable.
(7)
Impose such conditions, in addition to those
specifically required in accordance with individual district regulations,
as are necessary to assure that the intent of the ordinance is complied
with, which conditions may include, but are not limited to, harmonious
design of buildings, planting and its maintenance as a sight or sound
screen, the minimizing of noxious, offensive or hazardous elements
and adequate standards of parking and sanitation.
I.
Procedures. The Board shall adopt rules of procedure
for filing appeals or applications for special exceptions or variances.
All appeals and applications shall refer to the specific provision
of this chapter involved and shall exactly set forth the interpretation
that is claimed. The use for which the special exception is sought
or the details of the variance that is applied for and the grounds
on which it is claimed that the variance should be granted, as the
case may be.
J.
Notice of decision. The nature of any special exception
or variance authorized by the Zoning Hearing Board and any conditions
attached thereto shall be recorded on a notice of decision. All such
decisions and conditions are enforceable in the same manner as other
provisions of this chapter.
K.
Meetings. Meetings of the Board shall be held at the
call of the Chairman and at such times as the Board may determine.
The Chairman or, in his absence, the Acting Chairman may administer
oaths and compel the attendance of witnesses. All meetings of the
Board shall be open to the public. The 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, keep records
of its examinations and other official actions, all of which shall
immediately be filed in the office of the Board and shall be a public
record.
L.
Technical assistance. The Zoning Hearing Board, in
considering any matter within its jurisdiction, may consult with the
Marple Township Planning Commission, other municipal boards and commissions,
the Delaware County Planning Department or any other specialist or
groups of specialists having expert knowledge of the matter under
consideration.
M.
Expiration of special exceptions and variances. Unless
otherwise specified by the Board, a special exception or variance
shall expire if the applicant fails to obtain a building permit within
12 months of the date of the granting of the special exception or
variance.
A.
Public hearing requirement. Upon the filing with the Zoning Hearing Board of an application for a special exception or variance or an interpretation or appeal from the terms of this chapter, the Zoning Hearing Board shall fix a reasonable time and place for a public hearing thereon and shall give public notice as defined therein. Upon the filing with the Board of Commissioners of an application for a conditional use or curative amendment or a petition for amendment to this chapter pursuant to Article XVIII, the Board of Commissioners shall fix a reasonable time and place for a public hearing thereon and shall give public notice as defined herein. Public hearings shall be held within 60 days from the date the applicant's request is filed, unless the applicant has agreed in writing to an extension of time.
B.
Notice requirement. Written notice shall be given
to the applicant, the Code Enforcement Officer, Township Planning
Commission, Zoning Hearing Board, Board of Commissioners and to any
person who has made timely request for the same. In addition, written
notice of the public hearing shall be conspicuously posted on the
affected tract at least one week prior to the hearing. Where the affected
tract has more than 300 feet frontage on a street, written notice
shall be posted at intervals of not less than 200 feet. In addition,
notices by regular first class mail shall be sent to all residences,
property owners and properties within 1,000 feet in RA, RB and RC
Zoning Districts and within 500 feet in all other zoning districts.
C.
Notice content. The notice shall state the general
nature of the proposed amendment and that full opportunity to be heard
will be given to any citizen and all parties interested in attending
such hearing. The notice shall state the location of the building
or lot and the general nature of the question involved.
D.
Record of proceedings. The Board having jurisdiction
shall keep a stenographic record of the public hearing proceedings.
E.
Notice of decision or findings. The Board having jurisdiction
shall make written findings on the application within 45 days after
the last hearing before the Board. Where the application is authorized,
such a decision and any conditions attached thereto shall be enforceable
in the same manner as other provisions of this chapter. 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.
F.
Appeals to Court. Any persons aggrieved by any decision
of the Board of Commissioners or the Zoning Hearing Board may, in
30 days after any decision of the Board having jurisdiction, appeal
to the Court of Common Pleas of Delaware County by petition duly verified,
setting forth that such decision is arbitrary, capricious, an abuse
of discretion or otherwise not in accordance with law, specifying
the grounds upon which he relies.
