In accordance with law, the Township Supervisors shall appoint and organize a Zoning Hearing Board, which Board may adopt rules to govern its procedure. The Board shall hold meetings, keep minutes and, pursuant to public notice, shall conduct hearings, compel the attendance of witnesses, take testimony under oath, and render decisions in writing within 45 days after hearing or continued hearing, in accordance with the requirements of Article IX of the Pennsylvania Municipalities Planning Code. A fee shall be charged in accordance with a schedule affixed by resolution for any appeal or proceeding filed with the Board.
A.
The membership of the Zoning Hearing Board shall consist
of three residents of the Township appointed by the Township Supervisors.
B.
Their terms of office shall be three years and shall
be so fixed that the term of office of one member shall expire each
year.
C.
The Board shall promptly notify the Township Supervisors
when vacancies occur. Appointments to fill vacancies shall be only
for the unexpired portion of the term.
D.
Members of the Board shall hold no other office in
the Township.
A.
Appointment of alternate members.
(1)
The Township Supervisors may appoint by resolution
at least one, but no more than three, residents of the Township to
serve as alternate members of the Board. The term of office of an
alternate member shall be three years.
(2)
When seated pursuant to the provisions of Subsection B, 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 power and duties set forth in this chapter 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 alternate may participate in any proceeding or discussion of the Board but shall not be entitled to vote as a member of the Board unless designated as a voting alternate member pursuant to Subsection B of this section.
B.
Participation by alternate members. 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
subsection shall be made on a case-by-case basis in rotation according
to declining seniority among all alternates.
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 curative amendments brought before the Township
Supervisors.
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 with 30 days after the effective date of the 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
cease-and-desist order or the registration or refusal to register
any nonconforming use, structure or lot.
D.
Appeals from a determination by the Township Engineer
or the Zoning Officer with reference to the administration of any
floodplain or flood hazard ordinance or such provisions within a land
use ordinance.
E.
Applications for variances from the terms of this chapter and flood hazard ordinance or such provisions within a land use ordinance pursuant to § 175-175.
H.
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 relate to development
not involving subdivision and land development or planned residential
development.
A.
The Board, upon appeal, shall have the power to authorize
variances from the requirements of this chapter, and to attach such
conditions to the variance as it deems necessary to assure compliance
with the purposes of this chapter. A variance may be granted if 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 necessary to 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 this chapter and protect the public health, safety
and welfare.
The Board shall have the power to hear and decide on applications for uses by special exception subject to the application requirements of § 175-93 and the express standards and criteria for the use set forth in Article XI. The Board shall approve a use by special exception only if it meets all applicable requirements of this chapter and the express standards and criteria set forth in Article XI. In granting a use by special exception, the Board may attach such reasonable safeguards, in addition to those expressed in this chapter, as it may deem necessary to properly implement this chapter and protect the public health, safety and welfare.
The Board shall conduct hearings and make decisions
in accordance with the following requirements:
A.
Scheduling of hearing. The hearing shall be held within
60 days from the date of filing of a complete and properly filed application,
unless the applicant has agreed in writing to an extension of time.
B.
Notice.
(1)
Public notice shall be given, as defined herein,
and, in addition, notice shall be given to the applicant, the Zoning
Officer, the Township Supervisors and to any person who has made timely
request for the same.
(2)
Written notices shall be given by regular mail
at least two weeks prior to the public hearing to all property owners
of record within 300 feet of the exterior boundaries of the property
for which the appeal is filed, including those located across a street
right-of-way.
[Amended 7-29-2015 by Ord. No. 128]
(3)
Written notice of said hearing shall be posted
on the affected tract of land at least one week prior to the hearing.
C.
Parties to hearing. 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.
D.
Conduct of hearing.
(1)
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 parties may waive decision or findings by
the Board and accept the decision or findings of the hearing officer
as final.
(2)
The Chairman or Acting Chairman of the Board
or the hearing officer presiding shall have 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 the parties.
(3)
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.
(4)
Formal rules of evidence shall not apply, but
irrelevant, immaterial, or unduly repetitious evidence may be excluded.
E.
Stenographic record. The Board or the hearing officer, as the case may be, shall keep a stenographic record of the proceedings. Fees for the stenographer and the transcript shall be in accordance with the provisions of § 175-180B.
F.
Communications. 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.
G.
Decision.
(1)
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.
(2)
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 this chapter or any other ordinance, rule or
regulation shall contain a reference to the provisions relied on and
the reasons why the conclusion is deemed appropriate in the light
of the facts found.
(3)
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 thereon to the Board prior to final decision
or entry of findings and the Board's decision shall be entered no
later than 30 days after the report of the hearing officer.
H.
Notice of decision. A copy of the final decision or,
where no decision is called for, or the 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 names
and addresses 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.
I.
Rehearing. If any application for a variance, use
by special exception or appeal from the Zoning Officer is denied,
another identical application shall not be filed within a period of
one year from the date of denial, except upon acceptance of the Board
after the applicant demonstrates a change of circumstances which would
warrant a hearing.
A.
Where the Board fails to render a decision within the period required by § 175-177G or fails to hold the required hearing within 60 days 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.
B.
When a decision has been rendered in favor of the
applicant because of failure of the Board to meet or render a decision,
the Board shall give public notice of the 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 applicant may do so. Nothing
in this section shall prejudice the right of any party opposing the
application to appeal the decision to the Court of Common Pleas.
A.
Parties to proceedings authorized in this 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 municipal police
powers or as modifying any principles of substantive law.
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. Any
municipality offering the mediation option shall assure that in each
case, the mediating parties, assisted by the mediator as appropriate,
develop terms and conditions for:
(1)
Funding mediation.
(2)
Selecting a mediator who, at a minimum, shall
have a working knowledge of municipal zoning and subdivision procedures
and demonstrated skills in mediation.
(3)
Completing mediation, including time limits
for such completion.
(4)
Suspending time limits otherwise authorized
in this chapter or in the Pennsylvania Municipalities Planning Code
(Act 247, as amended), provided there is written consent by the mediating
parties, and by an applicant or Township decisionmaking body, if either
is not a party to the mediation.
(5)
Identifying all parties and affording them the
opportunity to participate.
(6)
Subject to legal restraints, determining whether
some or all of the mediation sessions shall be open or closed to the
public.
(7)
Assuring that mediated solutions are in writing
and signed by the parties, and become subject to review and approval
by the appropriate decisionmaking body pursuant to the authorized
procedures set forth in this chapter.
C.
No offers or statements made in the mediation sessions,
excluding the final written mediated agreement, shall be admissible
as evidence in any subsequent judicial or administrative proceedings.
A.
Fees. The Township 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.
B.
Stenographer's appearance fee and transcripts. 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 thereof.
C.
Expenditures. Members of the Board may receive compensation
for the performance of their duties as may be fixed by the Township
Supervisors, but in no case shall it exceed the rate of compensation
authorized to be paid to the members of the Township Supervisors.
Within the limits of funds appropriated by the Township Supervisors,
the Board may employ or contract for secretaries, clerks, legal counsel,
consultants and other technical and clerical services.
A.
No person shall file any proceeding before the Zoning
Hearing Board later than 30 days after a preliminary or final application
for development has been approved by an appropriate Township officer,
agency or body, if such proceeding is designed to secure reversal
or to limit the approval in any manner, unless such person alleges
and proves that he had no notice, 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.
B.
The failure of anyone, other than the landowner, to
appeal from an adverse decision on an application for tentative approval
of a planned residential development or from an adverse decision by
a Zoning Officer on a challenge to the validity of an ordinance or
map filed pursuant to Section 916.2 of the Pennsylvania Municipalities
Planning Code[1] shall preclude an appeal from a final approval except
in the case where the final submission substantially deviates from
the approved tentative approval.
[1]
Editor's Note: See 53 P.S. § 10916.2.
C.
All appeals from determinations adverse to the landowner
shall be filed by the landowner within 30 days after notice of the
determination is issued.
A.
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 of any agency
or body, and all official action thereunder shall be stayed unless
the Zoning Officer or any other appropriate agency or body certifies
to the Board, facts indicating that such stay would cause imminent
peril to life or property, in which case the development or official
action shall not be stayed otherwise than by a restraining order,
which may be granted by the Board or by the court having jurisdiction
of zoning appeals on petition after notice to the Zoning Officer or
other appropriate agency or body. When an application for development,
preliminary or final, has been duly approved and proceedings designed
to reverse or limit the approval are filed with the Board by persons
other than the applicant, the applicant may petition the court having
jurisdiction of zoning appeals to order such persons to post bond
as a condition to continuing the proceedings before the Board. The
question whether or not such petition should be granted and the amount
of the bond shall be within the sound discretion of the court.
B.
All appeals from decisions rendered by the Zoning
Hearing Board shall be taken to the Butler County Court of Common
Pleas and shall be filed within 30 days after the entry of the decision
or, in the case of a deemed decision, within 30 days after the date
upon which notice of said deemed decision is given as required by
Subsection 908(9) of the Pennsylvania Municipalities Planning Code
(Act 247, as amended).[1]
[1]
Editor's Note: See 53 P.S. § 10908(9).
