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.
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.
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.
The Board may reverse or affirm, wholly or in
part, or may modify the order, requirement, decision or determination
of any Township officer and, to that end, shall have all the powers
of the officer from whom the appeal is taken.
[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) 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.
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.
[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.
[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.