A.
There shall be a Zoning Hearing Board, hereinafter
referred to as the "ZHB" which shall consist of five members appointed
by resolution of the Board of Supervisors.
B.
The members of the ZHB shall consist of residents
of North Coventry Township.
C.
The term of office shall be five years and shall be
so fixed that the term of office of one member shall expire each year.
D.
The ZHB 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.
E.
Members of the ZHB shall hold no other office in the
Township.
F.
The Board of Supervisors shall appoint by resolution at least one but no more than three residents of the Township to serve as alternate members of the ZHB. The term of office of an alternate member shall be three years. When seated pursuant to the provisions of § 370-142, an alternate shall be entitled to participate in all proceedings and discussions of the ZHB to the same and full extent as provided by law for ZHB 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. Alternates shall hold no other office in the municipality, including membership on the Planning Commission and Zoning Officer. An alternate may participate in any proceedings or discussion of the ZHB but shall not be entitled to vote as a member of the ZHB nor be compensated pursuant to § 370-145, unless designated as a voting alternate member pursuant to § 370-142.
G.
Any ZHB member shall 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 hearing shall
be held in connection with the vote if the member shall request it
in writing.
A.
The ZHB shall elect, from its members, its officers,
who shall serve annual terms as such and may succeed themselves.
B.
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 ZHB, but the ZHB may appoint a Hearing Officer from its own membership to conduct any hearing on its behalf and the parties may waive further action by the ZHB as provided in § 370-146.
C.
If, by reason of absence or disqualification of a
member, a quorum is not reached, the Chairman of the ZHB shall designate
as many alternate members of the ZHB to sit on the ZHB as may be needed
to provide a quorum. Any alternate member of the ZHB shall continue
to serve on the ZHB in all proceedings involving the matter or case
for which the alternate was initially appointed until the ZHB has
made a final determination of the matter or case. Designation of alternate
pursuant to this section shall be made on a case-by-case basis in
rotation according to declining seniority among all alternates.
D.
The ZHB may make, alter and rescind rules and forms
for its procedure consistent with the provisions of this chapter and
the laws of the Commonwealth. The ZHB shall keep full public record
of its business and shall submit a report of its activities to the
Board of Supervisors.
A.
Applications for hearings before the ZHB shall be
filed with the ZHB together with the proper fee.
B.
An application for a special exception or variance
from the terms of this chapter shall state:
(1)
The name and address of the applicant;
(2)
The name and address of the owner of the real
estate to be affected by the proposed exception or variance;
(3)
A brief description and location of the real
estate to be affected by such proposed change;
(4)
A statement of the present zoning classification
and use of the real estate in question;
(5)
A statement of the section of this chapter under
or from which the exception or variance requested may be authorized,
and reasons why it should be granted;
(6)
A reasonably accurate description of the present
improvements and the additions intended to be made under the application
or appeal, if any, indicating the size of such proposed improvements,
material, and general construction thereof. In addition there shall
be attached a plot plan to scale of the real estate to be affected,
indicating the location and size of the lot and size of improvements
now erected and proposed to be erected thereon.
C.
Applications for other than special exception or variance
from terms of this chapter shall contain sufficient written information
to fully describe the intended use. Where, in the sole discretion
of the Zoning Officer, it is appropriate for the applicant to furnish
plans and/or specifications or any other relevant information incident
to intended use, such information shall be required to be submitted
with the application.
D.
In the event that any required information is not
furnished the application shall be refused and the fee returned to
the applicant.
The ZHB shall give notice as follows:
A.
By publishing a public notice thereof in a newspaper
of general circulation within the Township, indicating the time, place,
and nature of the public hearing. Such notice shall be published once
a week for two successive weeks prior to the date fixed for the hearing.
B.
By mailing notice thereof to the applicant, to the
Township Zoning Officer, to each member of the Township Board of Supervisors,
to the Chairman of the Township Planning Commission, to the Township
Secretary, and to any person who has made timely request for same.
C.
By posting notice thereof conspicuously on the affected
tract of land at least one week prior to the hearing.
D.
The ZHB may mail notice thereof to the owner of every
lot on the same street within 500 feet of the lot or building in question
or every lot not on the same street but within 150 feet of said lot
or building. But failure to give notice, either in part or in full,
as stated by this subsection shall not invalidate any action taken
by the ZHB.
E.
The notice herein required shall state the name of
the applicant, the location of the lot or building and the general
nature of the question involved, and the date, time and location of
the hearing.
A.
Within the limits of funds appropriated by the Board of Supervisors, the ZHB may employ or contract for secretaries, clerks, legal counsel, consultants and other technical and clerical services. Members of the ZHB may receive compensation for the performance of their duties, as may be fixed by the Board of Supervisors. In no case shall the rate of such compensation exceed the rate of compensation authorized to be paid to the members of the Board of Supervisors. Alternate members of the ZHB may receive compensation, as may be fixed by the Board of Supervisors, for the performance of their duties when designated as alternate members pursuant to § 370-142C, but in no case shall such compensation exceed the rate of compensation authorized to be paid to the members of the Board of Supervisors.
B.
The applicant before the ZHB shall deposit with the
Township Manager such a sum of money as set forth in the fee schedule
adopted by resolution of the Board of Supervisors to pay the cost
of the hearing.
C.
Continued hearings and collection of fees.
(1)
In the event that more than one hearing is necessary
on any application, the Zoning Hearing Board Secretary shall determine
the total amount of all costs incurred, and shall deduct same from
the application fee. In the event the application fee is, at any time,
insufficient to cover the costs incurred or reasonably anticipated
to be incurred, the Zoning Hearing Board Secretary shall notify the
applicant, provide the applicant with a written copy of each item
of cost incurred, and shall require the applicant to pay, within 10
days of such notification, any balance then due. In the event of multiple
hearings, all administrative costs shall be reported and collected
in accordance with this procedure.
(2)
The failure of the Zoning Hearing Board Secretary
to demand additional deposits from time to time shall not relieve
the applicant of liability for costs, charges, expenses and fees in
excess of deposit; and in the event of default, such shall be recovered
by such action as is by law provided.
The Zoning Hearing Board shall conduct hearings
and make decisions in accordance with the provisions of Section 908
of the Municipalities Planning Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10908.
The Zoning Hearing Board shall have exclusive
jurisdiction to hear and render final adjudications in the following
matters:
B.
Appeals by the applicant where it is alleged that
the Zoning Officer has failed to follow prescribed procedures or has
misinterpreted or misapplied any provision of a valid ordinance or
Zoning Map or any valid rule or regulation governing the action of
the Zoning Officer. Such appeals will be taken within 30 days of the
action of the Zoning Officer by filing with the Zoning Officer and
with the ZHB a notice of appeal specifying the grounds thereof. The
Zoning Officer shall forthwith transmit to the ZHB all the papers
constituting the record upon which the action appealed from was taken.
C.
Procedural questions or alleged defects in the process
of enactment or adoption of this chapter or Zoning Map shall be raised
by an appeal taken within 30 days after the effective date of the
chapter or map.
D.
Substantive challenge to the validity of an ordinance
or map or any provision thereof which prohibits or restricts the use
of development of land in which he has an interest shall submit the
challenge to either the Zoning Hearing Board, except when filed as
a curative amendment before the Board of Supervisors.
E.
Appeals from the determination of the Zoning Officer pursuant to the requirements of § 370-28 (Flood Plain Conservation District) of this chapter.
F.
Applications for variances from the terms of this chapter, pursuant to the requirements of § 370-148.
G.
Applications for special exceptions under this chapter pursuant to the requirements of § 370-149.
H.
In all such challenges the ZHB shall decide all contested
questions and shall make findings on all relevant issues of fact and
of interpretation, and submit such findings as part of the record
on appeal to the Court.
A.
The ZHB shall hear requests for variances where it
is alleged that the provisions of this chapter inflict unnecessary
hardship on the applicant.
C.
In granting any variance, the Zoning Hearing Board
may attach such reasonable conditions and safeguards as it may deem
necessary to implement the purposes of this chapter.
D.
The ZHB 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 the Zoning 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 the Zoning Chapter and
that the authorization of a variance is therefore necessary to enable
the reasonable use of property.
(3)
That such unnecessary hardship has not been
created by the applicant.
(4)
That the variance, if authorized, will neither
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 in the case where the property is located
in part or totally within the regulatory floodway, the granting of
a variance will not increase the base flood elevation.
(6)
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.
The Zoning Hearing Board shall hear and decide
requests for special exceptions where the chapter has stated special
exceptions to be granted or denied by the ZHB pursuant to the following
express standards and criteria, in addition to such other considerations
and determinations as may be required by law and other provisions
of this chapter. The ZHB shall:
A.
Give full consideration to the size, scope, extent,
and character of the exception desired and assure itself that such
request is consistent with the plan for future land use in North Coventry
and with the spirit, purpose and intent of the Zoning Chapter.
B.
Take into consideration the character and type of
development in the area surrounding the location for which the request
is made and determine that the proposed change or modification, if
permitted, will constitute an appropriate use in the area and will
not substantially injure or detract from the use of surrounding property
or from the character of the neighborhood.
C.
Consider the public interest in, or the need for,
the proposed use or change, to determine that the proposal will serve
the best interest of the Township, and protect the public health,
safety, morals and general welfare.
D.
Make certain that the proposed change is reasonable
in terms of the logical, efficient, and economical extension of public
services and facilities, including, but not limited to, public water,
sewers, police and fire protection, transportation and public schools.
E.
Be guided in its study, review and recommendations
by sound standards or subdivision practice where applicable.
F.
Review the recommendations of the Planning Commission
on the proposed development plan, where such plan is required. The
ZHB shall not be bound by such recommendations nor shall the ZHB be
bound by the action of the Board of Supervisors in relation to the
development plan.
G.
Guide the development of highway frontage insofar
as possible to limit the total number of access points, reduce the
need for on-street parking, and encourage the frontage of buildings
on parallel marginal roads or on roads perpendicular to the highway.
H.
Consider the effects of the proposal with respect
to congestion on the roads or highways, the most appropriate use of
land, conserving the value of buildings, safety from fire, panic,
and other dangers, adequacy of light and air, the prevention of overcrowding
of land, congestion of population and adequacy of public and community
services and determine that approval of the application will not have
a substantially adverse effect thereon.
I.
Be assured that the natural features and processes
characterizing the proposed site and its surroundings shall not suffer
unmitigated degradation, that the management of storm waste, the provision
of water or sewer service, and any other alterations to the site's
predevelopment condition shall be consistent with the Township goals,
practices, and plans in these regards, and that demand for water and
energy by the proposed use shall be minimized to the optimal extent.
J.
Impose such conditions, in addition to those required
as are necessary to assure that the intent of the Zoning Chapter is
complied with, and which are reasonably necessary to safeguard the
health, safety, morals and general welfare of the residents of the
Township at large and the residents and owners of the property adjacent
to the area in which the proposed use is to be conducted. Conditions
may include, but are not limited to, harmonious design of buildings,
aesthetics, hours of operation, lighting, numbers of persons involved,
noise, sanitation, safety, smoke and fume control and the minimizing
of noxious, offensive or hazardous elements.
A.
A special exception or variance shall expire within six months from the special exception/variance authorization date (as defined in Subsection D) unless the applicant:
(1)
Obtains all permits as may be required for the
construction and/or use permitted by the special exception or variance
and commences and diligently pursues substantial construction and/or
use permitted by and in accordance with the special exception or variance;
or
B.
The Zoning Hearing Board, upon application, for good cause shown and after notice and hearing, may extend the six-month period of time set forth in Subsection A for such time as the ZHB may deem appropriate.
(1)
In no event shall such extension, or the total
of such extensions if there are more than one, exceed 18 months.
(2)
The ZHB may grant an extension at any time prior
to the expiration of the special exception or variance, as provided
in this section, but not thereafter.
(3)
An application for an extension may be considered
and granted by the ZHB as part of the proceedings and decision in
which it considers and grants the special exception or variance, or
in subsequent separate proceedings and decision.
C.
Upon the expiration of a special exception or variance,
the special exception or variance shall become null and void and of
no effect without any action of the Township or the ZHB first being
required. In such event, the applicant or other person having standing
shall be required to reapply to the ZHB in the same manner as a new
applicant for such special exception or variance.
D.
For the purposes of Subsection A, the "special exception/variance authorization date" shall have the following meanings:
(1)
Where the special exception or variance is granted by affirmative decision of the ZHB with or without conditions attached, the "special exception/variance authorization date," subject to Subsection D(3)(b), shall be the date on which the written decision of the ZHB is either personally delivered or mailed to the applicant.
(2)
Where the special exception or variance is allowed by deemed decision of the ZHB because of its failure to hold a hearing or render a decision as provided by the Municipalities Planning Code and this chapter, the "special exception/variance authorization date," subject to Subsection D(3)(b), shall be the date on which the decision of the ZHB is deemed to have been rendered in favor of the applicant.
(3)
In the cases of the following appeals to court,
the "special exception/variance authorization date" shall be the date
of the final court order which finally determines and concludes the
appeal litigation without remand to the ZHB for further hearings and
decision, unless such court order, or prior court order affirmed thereby,
provides otherwise:
(a)
An appeal from the decision of the ZHB denying
the special exception or variance, in which the court ultimately reverses
the decision of the ZHB and grants the special exception or variance
with or without conditions attached.
(b)
An appeal from the affirmative or deemed decision
of the Board granting or allowing the special exception or variance,
including an appeal challenging a condition attached by the ZHB to
such grant, in which the court ultimately affirms or does not entirely
set aside the special exception or variance, regardless of whether
or not the court attached conditions to or otherwise modifies the
special exception or variance, and/or affirms, sets aside or modifies
a condition attached thereto by the ZHB.
Appeals under § 370-147A through D may be filed with the ZHB in writing by the landowner affected, any officer of the Township or any person aggrieved. Requests for a variance under § 370-147D and for a special exception under § 370-147E may be filed with the ZHB by any landowner or any tenant with the permission of such landowner or equitable owner of property.
A.
No aggrieved person shall be allowed to file any proceedings
with the ZHB later than 30 days after (a) any permit has been issued
or refused or any other decision made by the Zoning Officer, and (b)
any application for development, preliminary or final, has been approved
by the Board of Supervisors if such proceeding is designed to secure
reversal or to limit approval in any manner.
B.
The failure of anyone other than the applicant to
appeal from an adverse decision by the Zoning Officer on a challenge
to the validity of an ordinance or map pursuant to Section 709 of
the Municipalities Planning Code[1] or from an adverse decision by the Zoning Officer on a
challenge to the validity of an ordinance or map pursuant to Section
916.2 of the Municipalities Planning Code[2] shall preclude an appeal from a final approval except
in the case where the final submission substantially deviates from
the approved tentative approval.
C.
All appeals from determinations adverse to the applicant
shall be filed by the landowner within 30 days after notice of the
determination is issued.
The parties to the hearing shall be the Township,
any person affected by the application who has made timely appearance
of record before the ZHB, and any other person, including civic or
community organizations, permitted to appear by the ZHB. The ZHB shall
enter appearances in writing on forms provided by the ZHB for that
purpose. The aforementioned 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.
A.
Upon filing of any proceeding referred to in § 370-151 and during its pendency before the Zoning Hearing 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 ZHB facts indicating that such stay would cause imminent peril to life or property. In such case, the development or official action shall not be stayed otherwise than by a restraining order, which may be granted by the ZHB 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 ZHB 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 ZHB.
B.
After the petition is presented, the Court shall hold
a hearing to determine if the filing of the appeal is frivolous. It
shall be the burden of the applicant for a bond to prove the appeal
is frivolous. After consideration of all evidence presented, if the
Court determines that the appeal is frivolous, it shall grant the
petition for a bond.
C.
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.
D.
If an appeal is taken by a respondent to the petition
for a bond from an order of the Court dismissing a zoning appeal for
refusal to post a bond and the Appellate Court sustains the order
of the lower court to post a bond, the respondent to the petition
for a bond shall be liable for all reasonable costs, expenses and
attorney fees incurred by the petitioner.
