A.
A Zoning Hearing Board, consisting of three members appointed by
the Board of Supervisors by resolution for overlapping terms of three
years each, is established for the purpose of carrying out the functions
of a Zoning Hearing Board as provided by law. Members of the Board
shall be residents of the Township, except that no elected official
or members of the Planning Commission may serve on the Zoning Hearing
Board.
B.
The Board of Supervisors may appoint by resolution at least one resident
of the municipality to serve as an alternate member of the Board.
When seated, the alternate member shall have the right to participate
in the proceedings and cast a vote during the proceedings. The alternate
shall hold no other appointed or elective position in the Township.
The Chairperson of the Zoning Hearing Board may seat the alternate
member when, by reason of absence or disqualification of one or two
members of the Zoning Hearing Board, no quorum of permanent members
is reached
The Zoning Hearing Board shall elect a Chairman, Vice Chairman
and Secretary for its membership annually. For the conduct of any
hearing and the taking of any action, the quorum shall not be less
than a majority of all members of the Board, but where two members
are disqualified to act in a particular matter, the remaining member
may act for the Board. Within the limits of funds appropriated by
the Township Board of Supervisors, the Zoning Hearing Board may employ
or contract for secretaries, clerks, legal counsel, consultants and
other technical and clerical services. The Board shall keep full public
records of its business and shall submit a report of its activities
to the Township Board of Supervisors once a year or as requested by
the Board of Supervisors. Alternate members may be appointed to the
Zoning Hearing Board by the Board of Supervisors.
The Zoning Hearing Board members shall be compensated for each
individual hearing at a fixed rate established by the Board of Supervisors.
If a hearing is continued for any reason for a length of time, it
will be considered as one hearing for compensation purposes. Alternate
members may receive compensation as fixed by the Board of Supervisors
when designated by the Zoning Hearing Board Chairman to sit on the
Board as provided by law.
The Board shall meet monthly to hear and consider all matters
which shall properly come before it. All such meetings shall be open
to the public. Hearings shall be conducted in accordance with the
requirements of the Pennsylvania Municipalities Planning Code (MPC).[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
Appeals to the Zoning Hearing Board may be taken by any person
or municipal official aggrieved or affected by any provision of this
chapter or by any decision, including a notice of violation beginning
a civil enforcement proceeding in accordance with the Pennsylvania
Municipalities Planning Code[1] issued by the Zoning Officer in enforcing the provisions
of this chapter or by any interpretation of the provisions of this
chapter by the Zoning Officer or other municipal official. Requests
for a variance or special exception must be filed by the landowner
or tenant with the permission of such landowner.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
All action before the Board shall be initiated by a written
application for hearing, which shall be filed with the Zoning Officer.
All applications shall be made on forms specified by the Board, and
no application form shall be accepted unless the same shall be fully
and legibly completed and unless all exhibits and supplemental material
required by the application shall be attached and until all fees required
under this chapter shall have been paid.
Appeals from the Zoning Officer and all requests for variances
shall be filed within 30 days following the refusal of the Zoning
Officer to grant a zoning permit or building permit. All hearings
shall be held within 60 days from the date of the applicant's request,
unless the applicant agrees to an extension in writing. Time limits
for subsequent hearings shall be in accordance with MPC Section 908.
A.
Notice of the time and place of all hearings and where materials
may be examined shall be given by mail to the applicant, Zoning Officer
and to all persons who shall own real estate within 300 feet on the
same street and within 150 feet not on the same street as the property
which shall be the subject of the application. Notice of the hearing
of any particular application shall also be given to any person who
timely requests the same in writing, such request to be accompanied
by a fee in the sum of $2.
B.
The property which is subject to a hearing shall be posted with notice
of the hearing at least one week prior to the hearing date.
The parties to the hearings shall be the municipality, 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.
The Chairman or Acting Chairman of the Board shall have the
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.
The parties shall have the right to be represented by counsel
and shall be afforded the opportunity to respond and present evidence
and cross-examine adverse witnesses on all relevant issues.
Formal rules of evidence shall not apply, but irrelevant, immaterial,
or unduly repetitious evidence may be excluded.
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.
The Board shall not communicate, directly or indirectly, with
any party or his representative in connection with any issue involved
except upon notice and opportunity for all parties to participate.
In addition, the Board shall not take notice of any communication,
reports, staff memoranda or other materials, excluding the advice
from the Board's 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. "Board," as used herein, shall include not only the
members but also any hearing officer, secretary, clerk, legal counsel,
or consultant to the Board.
A.
The Board shall render a written decision or, when no decision is
called for, make written findings on the application within 45 days
of the last hearing. 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 of any ordinance, rule or regulation
shall contain a reference to the provision relied on and the reasons
why the conclusion is deemed appropriate in light of the facts found.
B.
In the event that a hearing officer is used to hear a case, the Zoning
Hearing Board shall render a written decision on the hearing officer's
report within 30 days of the last hearing, although an applicant may
agree to an extension of time from these specified time limits either
on the record or in writing. The municipality, appellant or applicant
may accept the decision of a hearing officer as final.
C.
Where the Board has the power to render a decision and the Board
or the hearing officer, as the case may be, fails to render the same
within the period required by this section, the decision shall be
deemed to have been rendered in favor of the applicant, unless the
applicant has agreed, in writing, to an extension of time.
A copy of the final decision or, when no decision is called
for, of 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 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.
Appeals may be taken to the Court of Common Pleas by any party
aggrieved, filed not later than 30 days after notice of the report
or decision of the Board is issued.
The Board shall hear and decide appeals where it is alleged
by the appellant that the Zoning Officer has failed to follow prescribed
procedures or has misinterpreted or misapplied any provisions of this
chapter or the Zoning Map. These appeals must be filed within 30 days
of the date the written decision is rendered by the Zoning Officer,
and all appeals shall be on forms prescribed by the Zoning Hearing
Board, accompanied by the requisite fees. All appeals shall refer
to the specific provisions of this chapter involved.
A.
When a landowner questions the validity of this chapter or the Zoning Map on substantive grounds, he may present the challenge to the Zoning Hearing Board or as a curative amendment to the governing body following the procedures outlined in § 195-122. Any aggrieved person who challenges the validity of this chapter or the Zoning Map must submit the challenge to the Zoning Hearing Board.
B.
Procedural challenges to the validity of this chapter, including
challenges raising questions of defective enactment, shall be reviewed
by the Zoning Hearing Board.
C.
Except as provided in § 195-117, relating to variances, § 195-118, relating to special exceptions, and as otherwise provided by law, the Board shall hear challenges to the validity of this chapter or the Zoning Map and in all such challenges to the Board shall take evidence and make the record thereon. At the conclusion of the hearing, the Board shall decide all contested questions and shall make findings on all relevant issues of fact, which shall become part of the record on appeal to the Court.
D.
The Zoning Hearing Board must render a decision within 45 days of
the conclusion of the last hearing.
E.
In order that a landowner may be assured in an expeditious manner
that the ordinance or map under which he proposes to build is free
from challenge, he may advance the date from which time any challenge
may be made to this chapter or the Zoning Map by the following procedure:
(1)
The landowner may submit plans and other materials describing
his proposed land use or development to the Zoning Officer for a preliminary
opinion as to their compliance with the applicable zoning ordinance
or map. These plans need not meet the required standards for preliminary,
tentative or final approval as long as they provide a sufficient basis
for a preliminary opinion as to their compliance.
(2)
If the Zoning Officer's preliminary opinion is that the proposed
use or development complies with this chapter or the Zoning Map, notice
thereof shall be published once each week for two successive weeks
in a newspaper of general circulation in the Township. The favorable
preliminary opinion of the Zoning Officer shall be deemed as preliminary
approval, and that time specified for initiating action before the
Board shall commence upon the publishing of the second public notice.
F.
When a substantive challenge is upheld by the Zoning Hearing Board
or a curative amendment is approved by the governing body, the applicant
has two years from the date of approval to file for subdivision approval
or one year to file for a building permit.
A.
The Board shall hear requests for variances where it is alleged that
the provisions of this chapter inflict unnecessary hardship upon the
appellant. 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 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 that will 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 purpose of
this chapter.
C.
Life of decision. A variance granted by the Zoning Hearing Board
in accordance with this section shall expire one year from the date
of the decision, unless the applicant or owner or successor in interest
has commenced construction within that time. Construction will be
deemed commenced upon the issuance of a building and/or zoning permit
for the approved use.
A.
The Zoning Hearing Board shall have the power to approve special
exceptions when this chapter specifically requires the obtaining of
such approval and for no other use or purpose.
B.
The Zoning Hearing Board shall grant a special exception only if
it finds adequate evidence presented by the applicant that the proposed
special exception is duly authorized under provisions of this chapter;
that the application falls within the terms of the specific provisions
allowing for special exceptions; and that the proposed use complies
with all other requirements of this chapter. The Zoning Hearing Board,
in granting a special exception, may attach such reasonable conditions
and safeguards as it may deem necessary to implement the purpose of
this chapter. The Board shall, among other things, require that any
proposed use and location be:
(1)
In accordance with the Township Comprehensive Plan and consistent
with the spirit, purpose and intent of this chapter.
(2)
In the best interests of the Township and the public welfare.
(3)
Suitable for the property in question and designed, constructed,
operated and maintained so as to be in harmony with and appropriate
in appearance to the existing or intended character of the general
vicinity.
(4)
In conformance with all other applicable requirements of this
chapter and other Township ordinances.
(5)
Suitable in terms of effects on highway traffic and safety with
adequate access arrangements to protect streets from undue congestion
and hazard.
(6)
In accordance with sound standards of subdivision and land development
practice where applicable.
(7)
Suitable in terms of impact on surrounding residential properties
and compatible with adjacent uses.
C.
Life of decision. A special exception granted by the Zoning Hearing
Board in accordance with this section shall expire one year from the
date of the decision, unless the applicant or owner or successor in
interest has commenced construction within that time. Construction
will be deemed commenced upon the issuance of a building and/or zoning
permit for the approved use.
The Zoning Hearing Board shall hear the following matters:
B.
Appeals from the Zoning Officer's preliminary opinions under Section
916.2 of the Municipalities Planning Code, as amended.
C.
Appeals from determinations by the Township Engineer or Zoning Officer
for erosion or stormwater management not involving a subdivision or
planned residential development.
