A.
The Zoning Hearing Board shall consist of five members
appointed by resolution by the Board of Supervisors for overlapping
five-year terms. The Board of Supervisors may appoint by resolution
at least one but not more than three residents of the Township to
serve as alternate members of the Board. The term of office for an
alternate member shall be three years. When designated as a voting
alternate, 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 Article and as otherwise provided
by law. Alternates shall hold no other office in the Township, including
membership on the Planning Commission and Zoning Officer. Any nonvoting
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 designated as a voting alternate member.
[1]
Editor's Note: This ordinance also provided
that the initial appointments for the two new permanent members of
the Zoning Hearing Board shall have terms so that the term for the
first person appointed shall expire December 31, 2000, and the term
for the second person shall expire December 31, 2001.
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 shall be made on a case-by-case basis in rotation
according to declining seniority among all alternates.
C.
The Board shall elect a Chairman, Vice Chairman and
Secretary from its membership who shall serve annual terms and may
succeed themselves. 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.
Any Board member may be removed for malfeasance,
misfeasance or nonfeasance in office or for other just cause by a
majority vote of the Board of Supervisors, taken after the member
has received 15 days' advance notice of the intent to take such a
vote. A public hearing shall be held in connection with the vote if
the member shall request it, in writing.
Any person aggrieved by any decision of the
Zoning Officer shall have the right to appeal to the Zoning Hearing
Board within 30 days of such decision by filing with the Zoning Hearing
Board, specifying the grounds thereof and including the following:
A.
The name and address of the applicant or appellant.
B.
The name and address of the owner of the lot to be
affected by such proposed change or appeal.
C.
A brief description and location of the lot to be
affected by such proposed change or appeal.
D.
A statement of the present zoning classification of
the lot in question and the present use thereof.
E.
A statement of the section of this chapter under which
the appeal is made and reasons why it should be granted or a statement
of the section of this chapter governing the situation in which the
alleged erroneous ruling is being appealed and the reasons for this
appeal.
F.
A reasonably accurate description of the present improvements
and the addition or changes intended to be made under this application,
indicating the size, material and general construction thereof. In
addition, there shall be attached a plot plan of the real property
to be affected, indicating the location and size of the lot and size
of improvements existing thereon and proposed to be erected thereon.
A.
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 shall prescribe the form of application
and require preliminary application to the Zoning Officer. The Board
may grant a variance, provided that 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 the authorization
of a variance is therefore necessary to enable the reasonable use
of the property.
(3)
That such unnecessary hardship had 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 which will afford relief and 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 this chapter.
A.
The Board shall hear and decide requests for such
special exceptions in accordance with express 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. In denying special exceptions, the Board shall state, in
writing, the reasons for the denial. The Board shall pursue the following
procedure:
(1)
The Board's decision to grant a permit for special
exception use shall be made only after public notice and hearing.
Such permit shall apply specifically to the application and plans
submitted and presented at said public hearing. Any subsequent amendments
or additions shall be subject to review and public hearing by the
Zoning Hearing Board as a special exception use.
(2)
No application for a permit shall be granted by the
Zoning Hearing Board for any special exception use until said Board
has first received and considered an advisory report thereon from
the Planning Commission with respect to the location of such use in
relation to the needs and growth pattern of the area and, where appropriate,
with reference to the adequacy of the site area and arrangement of
buildings, driveways, parking areas, off-street truck loading spaces
and other pertinent features of the site plan. The Planning Commission
shall have 30 days from the date of its receipt of the application
within which to file its report thereon. In the event that said Commission
shall fail to file its report within such 30 days, such application
shall be deemed to have been approved by said Planning Commission.
The Commission may have representation at the public hearing held
by the Zoning Hearing Board on such application.
(3)
After receipt of the report, the Zoning Hearing Board
shall hear the application in the same manner and under the same procedure
as it is empowered by law and ordinance to hear cases and make exceptions
to the provisions of this chapter. The Zoning Hearing Board may thereafter
direct the Zoning Officer to issue such permit if, in its judgment,
the use meets all specific provisions and criteria contained in this
chapter and the following general provisions:
(a)
That the proposed use is in accordance with the spirit, purpose and intent of the Comprehensive Plan and in conformance with all applicable requirements of this chapter and Chapter 178, Subdivision and Land Development.
(b)
That the proposed location of a public, industrial
or commercial use is suitable with respect to probable effects on
highway traffic and that it is suitable with respect to adequate access
arrangements in order to protect major streets and highways from undue
congestion and hazard.
(c)
That there are adequate sanitation and public
safety provisions and that a certificate of adequacy of sewage and
water facilities from a governmental health agency has been obtained.
Public, commercial, industrial and institutional uses shall have public
water and public sewage disposal.
(d)
That all public, commercial or industrial parking,
loading, access or service areas shall be adequately illuminated at
night while in use and that such lighting, including sign lighting,
shall be arranged so as to protect the highway and the neighboring
properties from direct glare or hazardous interference of any kind.
B.
The Zoning Hearing Board may impose whatever conditions
regarding layout, circulation and performance it deems necessary to
ensure that any proposed development will secure substantially the
objectives of this chapter.
A.
The Zoning Hearing Board shall hear challenges to the validity of this chapter, except those brought before the Board of Supervisors as specifically provided by Article IX of the Pennsylvania Municipalities Planning Code, as amended,[1] and challenges to the validity of this chapter 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.
[1]
Editor's Note: See 53 § 10101 et
seq.
B.
In all such challenges, the Board shall take evidence
and make a record thereon. At the conclusion of the hearing the Board
shall decide all contested questions and make findings on all relevant
issues of fact which shall become part of the record on any subsequent
appeal to court.
In exercising the above-mentioned powers, the
Board may reverse or affirm, wholly or partly, or may modify the order,
requirement, decision or determination, including any order requiring
an alleged violator to stop, cease and desist, and may make such order,
requirement, decision or determination, including stop orders or orders
to cease and desist as ought to be made. Notice of such decision shall
forthwith be given to all parties in interest.
The Zoning Hearing Board shall adopt rules in
accordance with the provisions of this chapter. Such rules shall include
but shall not be limited to the manner of filing appeals, the manner
of filing applications for special exceptions and variances from the
terms of this chapter and the manner of giving notice of public hearings
where required under the terms of this chapter.
Meetings of the Zoning Hearing Board shall be
held at the call of the Chairman and at other times as the Zoning
Hearing Board may determine. The Chairman or, in his absence, the
Vice Chairman may administer oaths and compel the attendance of witnesses.
All meetings of the Board shall be kept open to the public. The Board
shall keep minutes of its proceedings, showing the vote of each member
on each question or, if absent or failing to vote, indicating such
fact and shall keep records of its examinations and other official
actions, all of which shall be immediately filed with the Township
Secretary and shall be a public record.
A.
The Board shall keep a stenographic record of the
proceedings and a transcript of the proceedings and copies of graphic
or written material received in evidence shall be made available to
any party at cost.
B.
The Board shall keep full public records of its business
and shall submit a report of its activities to the Board of Supervisors
once a year.
C.
The Board 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. Each decision
shall be accompanied by findings of fact and conclusions based thereon,
together with the reasons therefor.
Upon the filing with the Zoning Hearing Board
of an appeal or an application for which a public hearing is required,
the following procedures shall be followed.
A.
Public notice shall be given and written notice shall
be given to the applicant, the Zoning Officer, persons whose properties
adjoin the property in questions and to any other person who has made
timely written request for notice. Written notice of said hearing
shall be conspicuously posted on the affected tract of land at least
one week prior to the hearing.
B.
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.
C.
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 to an extension of time.
D.
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,[1] 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. 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. 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.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
E.
A copy of the final decision, 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 decision or
findings and a statement of the place at which the full decision or
findings may be examined.
[Amended 10-3-2018 by Ord. No. 414]
Unless otherwise specified by the Zoning Hearing Board, a special
exception or variance shall expire if the applicant fails to obtain
a building permit or occupancy certificate, as the case may be, within
two years from the date of authorization thereof.
[Amended 10-21-1996 by Ord. No. 305]
The Board of Supervisors shall from time to
time make rules and regulations in order to facilitate the administration
of matters before the Zoning Hearing Board and in addition thereto
shall from time to time establish reasonable fees by resolution in
order to defray the cost of stenographic, engineering, planning and
such other similar services in accordance with the Municipalities
Planning Code.[1] Such fees shall be set in accordance with the provisions
of the Pennsylvania Municipalities Planning Code.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
Any person aggrieved by any decision of the
Zoning Hearing Board may, within 30 days after such decision of the
Board, file an appeal to the Court of Common Pleas of Bucks County.
Such appeals shall be made in accordance with Article X-A of the Pennsylvania
Municipalities Planning Code, as amended.
Upon filing of any proceeding and during its
pendency 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 § 915.1 of the Pennsylvania Municipalities Planning
Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10915.1.
[Amended 10-21-1996 by Ord. No. 305]
No person shall be allowed to file any proceeding
with the Board later than 30 days after an application for development,
preliminary or final, has been approved by an appropriate Township
official, agency or body if such proceeding is designed to secure
reversal or to limit the approval in any manner unless such person
alleges and provides that he had no motive, knowledge or reason to
believe that such approval had been given. If such person has succeeded
to his interest after such approval he shall be bound by the knowledge
of his predecessor in interest. The failure of anyone other than the
landowner to appeal from the adverse decision by the Zoning Officer
or a challenge to the validity of an ordinance or map shall preclude
an appeal from a final approval, except in the case where the final
submission substantially deviates from the approved tentative approval.
