The membership of the Zoning Hearing Board shall
consist of three residents of the Township appointed by the Board
of Commissioners. 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. The Board shall promptly notify the Board of Commissioners when
vacancies occur. Appointments to fill vacancies shall be only for
the unexpired portion of the term. Members of the Board shall hold
no other elected or appointed office in the Township, nor shall any
member be an employee of the Township. The membership of the Zoning
Hearing Board may be increased to five members in accordance with
the provisions of Section 903(a) of the Pennsylvania Municipalities
Planning Code.
Any Zoning Hearing Board member may be removed
for malfeasance, misfeasance or nonfeasance in the office or for other
just cause by a majority vote of the Board of Commissioners taken
after the member has received 15 days' advance notice of the intent
to take such vote. A hearing shall be held in connection with the
vote if the member shall request it in writing.
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 Board
of Commissioners.
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 within 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 §
240-132.
F. Applications for uses by special exception under this chapter or floodplain or flood hazard ordinance or such provisions within a land use ordinance, pursuant to Article
XV and §
240-133 of this chapter.
G. Appeals from the Zoning Officer's determination under
Section 916.2 of the Pennsylvania Municipalities Planning Code (Act
247, as amended).
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.
I. Appeals from decisions of the Zoning Officer with respect to requests for reasonable accommodation under the Fair Housing Act Amendments or the Americans with Disabilities Act. In hearing such an appeal, the Board shall apply the criteria set forth in §
240-142B of this chapter. In granting a request for reasonable accommodation, the Board may attach such reasonable safeguards and/or limitations as it may deem necessary to properly implement this chapter and protect the public health, safety and welfare in a manner consistent with the requirements of the Fair Housing Amendments Act or the Americans with Disabilities Act. In handling a request for reasonable accommodation, the Board shall be governed by the provisions of this article to the fullest extent as may be consistent with the Fair Housing Act Amendments and the Americans with Disabilities Act.
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:
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 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.
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 chapter and that the authorization
of a variance is, therefore, necessary to enable the reasonable use
of the property.
C. That such unnecessary hardship has not been created
by the appellant.
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 necessary to afford relief and will represent the
least modification possible of the regulation in issue.
F. Time limits.
[Added 5-10-2017 by Ord.
No. 1-2017]
(1)
If the variance involves physical improvements that have not been substantially initiated within one year of the date of approval or authorization approval of the variance, the approval shall lapse. The variance approval shall also lapse if, after starting construction, the construction is discontinued for a period of one year or more. No physical improvements shall be made after approval lapses unless the approval or authorization is renewed pursuant to §
240-132F(3).
(2)
If the variance does not involve physical improvements and a certificate of occupancy has not been issued for the variance within one year of the date of approval or authorization, the approval shall lapse. No certificate of occupancy shall be issued after approval lapses unless the approval or authorization is renewed pursuant to §
240-132F(3).
(3)
The Zoning Hearing Board may renew its approval of a variance
for which approval has lapsed, provided that no more than one year
has elapsed since the date of the original approval or, in the case
of discontinuance of work, since the date of discontinuance. Renewal
shall require formal action, including public notice and a hearing.
Renewal shall have the same effect as the original approval. If no
renewal is granted within the one-year period allowed for renewals,
the original approval shall be void and no further effect.
[Amended 5-10-2017 by Ord. No. 1-2017]
The Board shall have the power to hear and decide on applications for uses by special exception as authorized by this chapter, in harmony with its general purpose and intent, and in accordance with the standards set forth in Article
XV. 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
XV. 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.
A. If the special exception involves physical improvements that have not been substantially initiated within one year of the date of approval or authorization of the special exception, the approval shall lapse. The special exception approval shall also lapse if, after starting construction, the construction is discontinued for a period of one year or more. No physical improvements shall be made after approval lapses unless the approval or authorization is renewed pursuant to §
240-133C.
B. If the special exception does not involve physical improvements and a certificate of occupancy has not been issued for the special exception within one year of the date of approval or authorization, the approval shall lapse. No certificate of occupancy shall be issued after approval lapses unless the approval or authorization is renewed pursuant to §
240-133C.
C. The Zoning Hearing Board may renew its approval of a special exception
for which approval has lapsed, provided that no more than one year
has elapsed since the date of the original approval or, in the case
of discontinuance of work, since the date of discontinuance. Renewal
shall require formal action, but it shall not require public notice
or hearings. Renewal shall have the same effect as the original approval.
If no renewal is granted with the one-year period allowed for renewals,
the original approval shall be void and no further effect.