A. 
The Zoning Hearing Board shall consist of five members. Each member shall have a five-year term with one member being appointed every January of every calendar year. The two remaining Board members shall continue their remaining terms of one year and two years. The three new Board members shall be appointed to terms of three years, four years and five years. Any appointments thereafter shall be for five year terms that will expire on December 31 with one reappointment taking place at the reorganization meeting every January.
[Amended 2-12-2009 by Ord. No. 304]
B. 
The members of the Zoning Hearing Board shall be removable for cause by the Board of Supervisors upon written charges and after a public hearing.
C. 
Zoning Hearing Board members may hold no other office in the Township.
D. 
The word "Board," when used in this article, shall mean the Zoning Hearing Board.
The Township Board of Supervisors may appoint by resolution no more than three residents of the Township to serve as alternate members of the Board. The term of office of an alternate shall be three years.
A. 
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. An alternate so designated 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 article and as otherwise provided by law.
B. 
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.
C. 
Designation of an alternate shall be made on a case-by-case basis in rotation according to declining seniority among all alternates.
D. 
Alternate members may hold no other office in the Township.
E. 
Any alternate may participate in any proceeding or discussion of the Board but may not vote as a member nor be compensated unless designated as a voting alternate as provided above.
A. 
The Board shall annually elect officers from its membership.
B. 
For the conduct of any hearing and the taking of any action, a quorum shall be no fewer than three voting members, but the Board may appoint from its own membership a Hearing Officer to conduct any hearing on its behalf, and the parties may waive further action by the Board.
[Amended 2-12-2009 by Ord. No. 304]
C. 
The Board may make, alter and rescind rules and forms for its procedure, consistent with ordinances of the Township and the laws of the Commonwealth.
D. 
The Board shall keep public records of its business, which records shall be the property of the Township, and shall submit reports of its activities to the Township as requested by the Board of Supervisors.
The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudications 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 the curative challenge and amendment process.
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 filed within 30 days after the effective date of said ordinance.
C. 
Appeals from the determination of the Zoning Officer, including the granting or denial of any permit, or failure to act on the application therefor, the issuance of any enforcement notice or the registration or refusal to register any nonconforming use, structure or lot.
D. 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection D, regarding appeals, was repealed 3-1-2016 by Ord. No. 364.
E. 
Applications for variance from the terms of this chapter.
F. 
Applications for special exceptions under this zoning chapter or Chapter 89, Flood Damage Prevention.
G. 
Appeals from the determination of the Zoning Officer or Township Engineer in the administration of ordinance provisions for sedimentation and erosion control and stormwater management insofar as the determination does not involve an application pursuant to Chapter 155, Subdivision and Land Development.
H. 
Interpretation 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.
[Amended 6-2-1998 by Ord. No. 196]
Challenges, requests for interpretations and appeals may be filed with the Board, in writing, by the landowner affected, any officer or agency of the municipality or any person aggrieved. Requests for variance or special exception may be filed by any landowner or any tenant with permission of the landowner. An appeal or application regarding a matter within the jurisdiction of the Zoning Hearing Board may be filed with the Zoning Officer on forms provided by the Zoning Hearing Board and shall state:
A. 
The name and address of the applicant, and of the applicant's representative(s) or agent(s), where applicable.
B. 
The name and address of the record owner of the property that is the subject of the application or appeal; where the applicant is not the record owner of the subject property, a signed and notarized statement from the record owner, authorizing the applicant to pursue the specific appeal or application.
C. 
A brief description and location of the subject property, along with a survey and/or sketch of the property boundaries.
D. 
A statement of the present zoning classification of the subject property with the improvements thereon and the present use thereof.
E. 
A statement of the section of this chapter under which consideration by the Board is requested, along with a summary of reasons or arguments in support of the request.
F. 
A reasonably accurate description of the improvements or changes intended to be made under the application. In addition, there shall be attached a plot plan of the property to be affected, indicating the location and size of the lot and the size and location of the existing and proposed improvements or changes.
G. 
A list of all landowners within 400 feet of the applicant's land, to be supplied by applicant, who shall obtain the list at his own cost and expense from the Montgomery County Board of Assessment Appeals, or from the Tax Collector of Limerick Township and other municipalities when the adjacent land is outside the Township, along with prestamped and preaddressed envelopes for all landowners shown on the aforesaid list.
H. 
Any and all additional information that may be required by the Zoning Hearing Board.
I. 
A payment to the Township in accordance with a fee schedule adopted by recommendation of the Zoning Hearing Board and adoption by the Board of Supervisors, as amended.[1]
(1) 
Such fees may include compensation for the secretary and members of the Board, notice and advertising costs and necessary administrative overhead connected with the hearing.
(2) 
The fees may not include compensation for the legal expenses of the Board or expenses for engineering, architectural or other technical consultant or expert witness fees.
(3) 
All permissible costs shall be borne by the applicant, based on an itemized list of expenses.
[1]
Editor's Note: The fee schedule is on file in the Township offices.
A. 
Immediately upon receipt of an application, the Zoning Officer shall promptly forward the application to the Zoning Hearing Board Chairman along with all of the above information, lists of neighboring owners and prestamped and preaddressed envelopes.
B. 
The Chairman, in consultation with the Zoning Hearing Board Solicitor, shall fix a reasonable time and place for a public hearing on the application. Said hearing shall occur no more than 60 days after the application is made to the Secretary, unless the applicant has agreed, in writing, to an extension of time.
C. 
A true and correct copy of the application and all related information shall be forwarded to each member of the Zoning Hearing Board and to the Chairmen of the Planning Commission and Board of Supervisors.
D. 
Upon receipt of a Zoning Hearing Board application, the Planning Commission, at its next regularly scheduled meeting, may consider the application and may, at its sole discretion, resolve to comment thereon.
The Board shall schedule a public hearing and shall give public notice as follows:
A. 
By publishing a notice once a week for two successive weeks in a newspaper of general circulation in the Township. Such notice shall state the time and place of the hearing, the particular nature of the matter to be considered at the hearing and the specific ordinance provisions that permit consideration by the Zoning Hearing Board. The first publication shall not be more than 30 days and the second not less than seven days from the date of the hearing.
B. 
By mailing or serving written notice to the record owner, applicant and applicant's representative.
C. 
By conspicuously posting written notice of hearing on the affected tract of land at least one week prior to the meeting.
D. 
By mailing or serving the notice to adjacent land owners by utilization of the envelopes provided by the applicant pursuant to § 184-38G of this chapter.
E. 
By mailing or serving notice thereof to the Township Supervisors, Planning Commission and Zoning Officer.
F. 
By mailing a notice to any and all parties in interest who have entered their appearance.
G. 
By mailing a notice to any person registered for that purpose.
A. 
Zoning Hearing Board hearings shall be held at the call of the Chairman and at such times as the Board may determine.
B. 
Hearings may be conducted by the Board, which may appoint any member as a hearing officer. The decision or findings shall be made by the Board; however, the applicant or municipality may, prior to a decision, waive a 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 the municipality, 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 for that purpose.
D. 
The Chairman or Acting Chairman or hearing officer may administer oaths and issue subpoenas to compel the attendance of witnesses and production of relevant documents and papers, including 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. 
The Board or the hearing officer shall keep a stenographic record of the proceedings. The appearance fee for a stenographer shall be shared equally by the applicant and the Board. The cost of the original transcript shall be paid by the Board if the transcript is ordered by the Board or hearing officer, or shall be paid by the person appealing from the decision of the Board if such appeal is made, and in either event the cost of additional copies shall be paid by the person requesting such copy or copies. In other cases, the party requesting the original transcript shall bear the cost.
H. 
The Board or hearing officer shall not, except upon notice and opportunity for all parties to be present:
(1) 
Participate and inspect and contest materials.
(2) 
Communicate, directly or indirectly, with any party or his representative in connection with any issue involved.
(3) 
Take notice of any communication, reports, staff memoranda or other materials, except advice from their Solicitor.
(4) 
Inspect the subject site or its surroundings after commencement of hearings with any party or his representative.
A. 
The Zoning Hearing Board or hearing officer shall render a written decision or make written findings on the application within 45 days of the last hearing. Each decision shall be accompanied by findings of fact and conclusions based upon findings. Conclusions based on any provision of a Township ordinance shall contain a reference to the provision.
B. 
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 within 45 days, and the parties shall be entitled to make written representations to the Board prior to final decision or entry of findings. The Board's decision shall be entered no later than 30 days after the report of the hearing officer.
C. 
Where the Board fails to render the decision within the required period or fails to hold the required hearing within 60 days of application, 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.
D. 
When a decision has been deemed to have been rendered in favor of the applicant because of the failure of the Board to hold a hearing or render a decision as provided, the Board shall give public notice of said deemed decision within 10 days from the last day it could have met to render a decision. Such notice shall be given in the manner prescribed by this section. If the Board shall fail to provide such notice, the applicant may do so. Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.
E. 
A copy of the final decision or 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.
[Amended 6-2-1998 by Ord. No. 196]
In addition to the other requirements of this chapter, a special exception or conditional use application shall only be approved if the applicant proves that the following standards will be met, as applicable:
A. 
That the proposal will not significantly negatively impact the use of neighboring properties and/or the character of an existing or approved residential neighborhood.
B. 
That the proposal includes adequate site design methods, such as plant screening, tree preservation, setbacks and berming, as needed to avoid significant negative impacts on nearby uses.
C. 
That proposals to provide water service, sewage service and stormwater management are feasible and follow professionally sound methods. However, if such matters will be subject to professional review and approval under a separate Township ordinance, then the zoning approval may defer to such other approval.
D. 
That the use will not create a significant hazard to the public health and safety, such as fire, toxic or explosive hazards.
E. 
That the use will not result in or substantially add to a significant traffic safety hazard or significant traffic congestion.
A. 
Variances. The Board shall hear requests for variances where it is alleged that the provisions of this zoning chapter inflict unnecessary hardship upon the applicant. The Board may require preliminary application to the Zoning Officer.
(1) 
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 and not the circumstances or conditions generally created by the provisions of this zoning chapter in the neighborhood or district 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 zoning chapter and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.
(c) 
That the unnecessary hardship has not been created by the applicant.
(d) 
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.
(e) 
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.
(2) 
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.
B. 
Special exceptions. The Zoning Hearing Board shall hear and decide requests for special exceptions in accordance with the standards and criteria found in the particular section of this zoning chapter that permits application for said special exception, and with the general standards in § 184-43. In granting any special exception, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this zoning chapter.
C. 
Persons with disabilities. After the Zoning Officer has received a complete written application, the Zoning Hearing Board shall grant a special exception allowing more than five unrelated persons to inhabit a group home or other modifications to specific requirements of this chapter if the applicant proves both of the following to the satisfaction of the Zoning Hearing Board:
[Added 6-2-1998 by Ord. No. 196]
(1) 
The approval is needed to provide a reasonable accommodation under the Americans With Disabilities Act, the Federal Fair Housing Act and/or related applicable state law, as amended.
(2) 
The facility will serve persons who the applicant proves have handicaps or disabilities, as defined in and protected by such laws.
A. 
Time limitations on appeals.
(1) 
All appeals from determinations adverse to the landowners shall be filed by the landowner within 30 days after notice of the determination is issued.
(2) 
Appeals designed to secure reversal or limit the approval of any application for development, preliminary or final, shall be filed with the Board no later than 30 days after the application is approved by an appropriate municipal officer or agency, unless the person filing proves that he had not notice, knowledge or reason to believe that such approval had been given. If such person succeeded to his interest after such approval, he shall be bound by the knowledge of his predecessor in interest.
B. 
Effect of filing. When an appeal is filed, further development or official action pursuant to the appealed determination or approval shall be stayed until issuance of a final decision or findings by the Board. If the Zoning Officer or other municipal agency presents facts to the Board indicating that such a stay would cause imminent peril to life or property, development or official action can only be stayed by restraining order granted by the Board or by a court of competent jurisdiction.
C. 
Substantive validity challenge. A landowner who desires to challenge, on substantive grounds, the validity of a map or ordinance provision which prohibits or restricts the use or development of land in which he has an interest may submit the challenge either to the Zoning Hearing Board or, with a request for curative amendment, to the Township Board of Supervisors.
(1) 
The written application to the Zoning Hearing Board shall contain the reasons for the challenge.
(2) 
Public notice of the hearing shall include notice that the validity of the ordinance or map is in question and shall specify the place and time where a copy of the request and its accompanying materials may be examined by the public.
(3) 
Based upon the testimony at the hearing(s), the Board shall determine whether the challenged ordinance or map is defective, as alleged. If the challenge is found to have merit, the decision of the Board shall include recommended amendments to the challenged ordinance which will cure the defects found.
(4) 
In reaching its decision, the Board shall consider the 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 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 map.
(c) 
The suitability of the site for the intensity of use proposed by the site's soils, slopes, woodland, wetlands, floodplains, aquifers, natural resources and other natural features.
(d) 
The impact of the proposed use on the site's soils, slopes, woodland, wetlands, floodplains, aquifers, natural resources and other natural features, the degree to which these are protected or destroyed, the tolerance of the resources to development and any adverse environmental impacts.
(e) 
The impact of the proposal on the preservation of agriculture and other land uses which are essential to public health and welfare.
(5) 
If the Board fails to act on the request within 45 days of the last hearing, a denial of the request is deemed to have occurred.
[Amended 5-3-2005 by Ord. No. 249; 6-16-2015 by Ord. No. 360]
Unless otherwise specified by the Limerick Township Board of Supervisors, a special exception or variance shall expire if the applicant fails to obtain all permits within one year of the date of authorization thereof, except as modified below:
A. 
Zoning relief that requires the issuance of a building permit may be extended up to an additional 12 months if the Zoning Officer determines the applicant has shown good cause in writing.
B. 
In the event a subdivision or land development plan is required following the granting of a special exception or variance, the variances or special exceptions shall not expire so long as the plan is actively under consideration by the Township, in which case the time limit shall apply from the date of unappealable final plan approval by the Board of Supervisors.
Any persons aggrieved by the decision of the Board may within 30 days thereafter appeal to the Court of Common Pleas of Montgomery County by petition duly verified setting forth the grounds upon which said appeal is taken.