A Zoning Hearing Board is established in order that the objectives of this chapter may be more fully and equitably achieved and a means for competent interpretation of this chapter provided. Any rights, duties or obligations of the Board not specified within this chapter shall be governed by the Pennsylvania Municipalities Planning Code, Act 247, 53 P.S. § 10101 et seq., as amended.
The Zoning Hearing Board shall consist of three members appointed by resolution by the Board of Supervisors for overlapping three-year terms. All terms shall begin on the first day of January. Members of the Board shall be residents of the Township and shall hold no other office in the Township. Any member of the Board may be removed for cause by the Board of Supervisors upon written notice and charges after a public hearing.
The Board of Supervisors may appoint by resolution at least one but no more than three residents of the Township to serve as an alternate member of the Board. An alternate shall, when seated on the Board as provided herein to complete the quorum, 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 act and as otherwise provided by law and this chapter. At any time, an 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 unless seated as an alternate member needed to complete the quorum. Alternates shall hold no other office in the Township. The term of office of an alternate member shall be three years.
A. 
The Board shall elect a Chairman from its membership annually. A quorum shall be necessary for the conduct of any hearing and the taking of any formal action. A quorum shall be not less than a majority of all members of the Board, but the Board may appoint a hearing officer from its membership to conduct any hearing on its behalf, in accordance with the Pennsylvania Municipalities Planning Code, Act 247, as amended.
B. 
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 provide 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 determination of 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.
C. 
The Board may make, alter and rescind rules and forms for its procedure, consistent with ordinances of the Township and laws of the commonwealth. Within the limits of funds provided by the Township Supervisors, the Board may employ or contract for secretaries, clerks, legal counsel, consultants, and other technical and clerical services. 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 Township Board of Supervisors as requested by the Board of Supervisors.
D. 
Members of the Board may receive compensation for the performance of their duties, as may be fixed by the Board of Supervisors, but in no case shall it exceed the rate of compensation authorized to be paid to the members of 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, but in no case shall such compensation exceed the rate of compensation authorized to be paid to members of the Board of Supervisors.
E. 
Meetings shall be open to the public and shall be at the call of the Chairman and at other such times as the Board may specify in its rules of procedure. 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.
Appeals under this section 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 and for a special exception may be filed with the Board by any landowner or any tenant with the permission of such landowner. The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudication in the following matters:
A. 
Substantive challenges to the validity of any land use ordinance, except those brought before the Board of Supervisors pursuant to this chapter.
B. 
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 ordinance.
C. 
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 enforcement order or the registration or refusal to register any nonconforming use, structure or lot.
D. 
Appeals from a determination by a Municipal Engineer, Zoning Officer, or the appointed Floodplain Administrator with reference to the administration of any floodplain or flood hazard ordinance or such provisions within a land use ordinance.
[Amended 10-24-2022 by Ord. No. 2022-002]
E. 
Applications for variances from the terms of this chapter.
F. 
Applications for special exceptions under this chapter.
G. 
Appeals from the determination of any officer or agency charged with the administration of any performance standard provisions of this chapter.
H. 
Appeals from the Zoning Officer’s determination under § 10916.2 of the Pennsylvania Municipalities Planning Code, Act 247,53 P.S. § 10916.2, as amended.
I. 
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 developments not involving applications for subdivisions or land developments, as defined by the Pennsylvania Municipalities Planning Code, Act 247, 53 P.S. § 10101 et seq., as amended.
All action before the Board shall be initiated by a written application for hearing which shall be filed with the Zoning Officer. 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 determination adverse to the landowners shall be filed by the landowner within 30 days after notice of the determination is issued.
A. 
Parties to proceedings authorized in the article may utilize mediation as an aid in completing such proceedings. In proceedings before the Zoning Hearing Board, in no case shall the Zoning Hearing Board initiate mediation or participate as a mediating party. Mediation shall supplement, not replace, those procedures in this article once they have been formally initiated. Nothing in this section shall be interpreted as expanding or limiting Township police powers or as modifying any principles of substantive law. Applications for special exceptions and variances are not appropriate for the mediation option, and, therefore, may not utilize this section.
B. 
Participation in mediation shall be wholly voluntary. The appropriateness of mediation shall be determined by the particulars of each case, and the willingness of the parties to negotiate. The terms and conditions of mediation are hereby set forth as follows:
(1) 
The cost of mediation shall be borne by the applicant.
(2) 
The parties shall agree on a mediator who shall have a working knowledge of municipal zoning and subdivision procedures and demonstrated skills in mediation.
(3) 
Parties to proceedings under this application may select the mediation option by sending written notice to the Zoning Hearing Board of their intention to do so. Mediation shall be completed within 90 days of the date of notification to the Board.
(4) 
The written notice to the Zoning Hearing Board indicating the parties’ intent to mediate shall include a written consent signed by all parties agreeing to the suspension of time limits otherwise required by this chapter and the Municipalities Planning Code, Act 247, 53 P.S. § 10101 et seq., as amended, and by an applicant or Township decision-making body if either is not a party to the mediation.
(5) 
All parties to the proceedings shall be identified in the notice to the Board and shall be served notice of the parties’ intent to mediate. All parties shall be afforded the opportunity to participate in any mediation proceeding.
(6) 
Any mediation to which a Township entity is party shall be open to the public.
(7) 
All mediated solutions must be in writing and signed by the parties and become subject to review and approval by the appropriate decision-making body pursuant to the authorized procedures set forth in this chapter and the Municipalities Planning Code, Act 247, 53 P.S. § 10101 et seq., as amended.
(8) 
No offers or statements made in the mediated sessions, excluding the final written mediated agreement, shall be admissible as evidence in any subsequent judicial or administrative proceeding.
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 in accordance with the requirements of the Pennsylvania Municipalities Planning Code, Act 247, as amended 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. The Board shall render a written decision or written findings on the application within 45 days after the last hearing or, if such hearing is continued, within 45 days after said continued hearing. If the Board does not make a decision within 45 days after the hearing or continued hearing, it shall be deemed that such Board has decided in favor of the person or Township official aggrieved or affected who is seeking relief, unless the applicant has agreed in writing, or on the record, to an extension of time.
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 appearances 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 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.
J. 
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, Act 247, 53 P.S. § 10101 et seq., as amended, this chapter, or other rule or regulation 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 this chapter. 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.
K. 
A copy of the final decisions 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 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 decisions or findings and a statement of the place at which the full decisions or findings may be examined.
L. 
Appeals to the Court. Any person aggrieved by any decisions of the Board may, within 30 days after such decisions 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.
A. 
Variances. 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. The Board may grant a variance provided 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.
(6) 
In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purpose of this chapter.
B. 
Special exceptions. Where this chapter has provided for 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 this chapter, as it may deem necessary to implement the purposes of this chapter.
C. 
The Board in considering and passing upon applications for special exceptions and variances shall consider all relevant factors and procedures specified in all sections of this chapter, including Article IV, Use Regulations, as well as the following additional provisions:
(1) 
Consider the suitability of the property for the use desired and the extent to which the new or expanded use is regulated by appropriate conditions and safeguards.
(2) 
Consider the public interest in or the need for the proposed use and determine that the use will serve the best interests of the Township, the convenience of the community, and the public health, safety, and general welfare.
(3) 
Consider the proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions. Where applicable, a certificate of adequacy of sewage and water facilities shall be provided.
(4) 
Consider the effects of the proposed change with respect to the most appropriate use of land; conserving value of buildings; safety from fire, panic and other dangers; adequacy of light and air; the overcrowding of land; congestion of population; and the adequacy of public and community services.
(5) 
Consider the compatibility of the proposed use with existing development and development anticipated in the foreseeable future.
(6) 
Give full consideration to the size, scope, intent, and character of the exception requested and assure the compatibility of the proposed use with the spirit, purpose and intent of the comprehensive plan and with all applicable requirements of this chapter and Chapter 140, Subdivision and Land Development.
(7) 
Consider the safety of access to the property for ordinary and emergency vehicles and the probable effects of proposed development on highway congestion and insure that adequate access arrangements are provided in order to protect roadways from undue congestion and hazard.
(8) 
The operations in connection with any special exception or variance shall not be more objectionable to nearby properties by reason of noise, fumes, vibration or lights than would be the operations of any permitted use.
(9) 
The Board may refer any application and accompanying documentation pertaining to any request for a special exception or variance to any engineer or other qualified person or agency for technical assistance in evaluation of the proposed project in relation to flood heights and velocities, and the adequacy of the plans for protection of public health, safety, and welfare and other related matters.
(10) 
Special exceptions and/or variances shall only be issued after the Board has determined that the granting of such will not result in additional threats to the public safety, extraordinary public expense, create nuisances, cause fraud or victimization of the public, or conflict with the local laws or ordinances.
(11) 
Such other factors which are relevant to the purpose of this chapter.
A. 
A landowner who, on substantive grounds, desires to challenge the validity of an ordinance or map or any provisions thereof which prohibits or restricts the use or development of land in which he has an interest shall submit the challenge either to the Zoning Hearing Board in accordance with this article or to the Board of Supervisors together with a request for a curative amendment in accordance with the provisions of this chapter.
B. 
Persons aggrieved by a use or development permitted on the land of another by an ordinance or map, or any provisions thereof, who desire to challenge the validity on substantive grounds shall first submit their challenge to the Zoning Hearing Board for a decision thereon.
C. 
The submissions referred to in Subsections A and B above shall be governed by the criteria set forth in appropriate sections of the Pennsylvania Municipalities Planning Code, Act 247, 53 P.S. § 10101 et seq., as amended.
D. 
The Zoning Hearing Board or the Board of Supervisors, whichever has jurisdiction, shall commence its hearing within 60 days after the request is filed unless the landowner requests or consents to an extension of time.
E. 
Public notice of the hearing shall include notice that the validity of the ordinance or map is in question and shall give the place where and the times when a copy of the request, including any plans, explanatory material or proposed amendments may be examined by the public.
F. 
The challenge may be deemed denied under the conditions set forth in appropriate sections of the Pennsylvania Municipalities Planning Code, Act 247, as amended.
G. 
Stay of proceedings. Upon filing of any proceeding and during its hearing before the Board, all land development pursuant to any challenged ordinance, order or approval of the Zoning Officer or any agency or body, and all official action thereunder, shall be stayed in accordance with appropriate sections of the Pennsylvania Municipalities Planning Code, Act 247, 53 P.S. § 10101 et seq., as amended.
Unless otherwise specified by the Board, a special exception or variance shall expire if the applicant fails to obtain any and all permits within 12 months of the date of the Board’s order, unless extended for good cause by the Zoning Hearing Board.