The Zoning Hearing Board shall have exclusive
jurisdiction to hear and render final adjudication in the following
matters:
A. Applications for variance from the terms of this chapter
(including flood hazard provisions contained herein), pursuant to
the following provisions:
(1)
The Board shall bear requests for variances
where it is alleged that the provisions of this chapter inflict unnecessary
hardship upon the applicant. The Board may grant a variance, provided
that all of the following findings are made where relevant in a given
case:
(a)
That there are unique physical circumstances
or conditions (such as 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 that will afford relief and will represent the
least modification possible thereof of the regulation in issue.
(2)
In granting any variance, the Board may attach
such reasonable conditions and safeguards as it may deem necessary
to implement the stated purposes of this chapter and the Pennsylvania
Municipalities Planning Code (53 P.S. § 10101 et seq.).
B. Applications for special exceptions under this chapter
pursuant to the following provisions:
(1)
The Board may grant only such special exceptions
to the terms of this chapter upon which the Board, by the provisions
of this chapter, is specifically authorized to act. The granting of
a special exception when specifically authorized by the terms of this
chapter shall be subject to the following standards and criteria:
(a)
Such use shall be one which is specifically
authorized as a special exception use in the zoning district wherein
the applicant seeks a special exception.
(b)
Such permit shall only be granted subject to
any applicable conditions and safeguards as required by this chapter.
(c)
Such permit may be granted subject to additional
reasonable conditions and safeguards as may be deemed by the Board
to be advisable and appropriate.
(d)
Such use shall be found by the Board to be in
harmony with the general purposes and intent of this chapter.
(e)
Such use shall not adversely affect the character
of the zoning district nor the health or safety of residents or workers
on adjacent properties and in the general neighborhood.
(f)
Such use shall be of such size and so located
and laid out in relation to its access streets that vehicular and
pedestrian traffic to and from such use will not create undue congestion
or hazards prejudicial to the general neighborhood.
(g)
Such use shall not conflict with the direction
of building development in accordance with any Comprehensive Plan
or portion thereof which has been adopted by the governing body.
(2)
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 and the Pennsylvania Municipalities Planning
Code (53 P.S. § 10101 et seq.).
C. Appeals from the determination of the Zoning Officer,
including but not limited to the granting or denial of any permit,
the failure to act on the application for any permit or the issuance
of any cease-and-desist order.
D. An appeal from an enforcement notice issued pursuant
to Section 616.1 of the Pennsylvania Municipalities Planning Code
(53 P.S. § 10616.1).
(1)
Hearings on such appeals shall follow, as closely
as possible, the usual practice and procedure before the Board, subject
to the following provisions:
(a)
The official issuing the enforcement notice
shall have the burden of proof with respect to the violations alleged
and shall have the initial duty to go forward with the evidence.
(b)
Once a violation has been shown prima facie,
the appellant shall have the duty to rebut the showing of a violation.
(c)
The appellant shall have the burden of proof
with respect to any defenses to the violation asserted by the appellant.
(d)
For purposes of an appeal of an enforcement
notice, if the appellant asserts that no violation exists because
the use, structure, etc., is nonconforming, nonconformity shall be
considered a defense and not part of the Zoning Officer's burden of
proof.
E. A substantive challenge to the validity of any land
use ordinance or map or provision thereof, pursuant to the following
provisions:
(1)
The challenging party shall submit a written
request for a hearing on challenge to the Board, together with the
application/appeal form and fees specified by the Township. The challenge
shall set forth all reasons asserted for the invalidity claimed.
(2)
Based upon the testimony presented to it, the
Board shall determine whether the challenged ordinance or map is defective
as alleged. If the challenge is found to have merit, the Board shall
include in its decision recommended amendments to the challenged ordinance
to cure the defect(s).
(3)
In reaching its decision, the Board shall consider
the amendments, plans and explanatory material submitted by the landowner
and shall also consider:
(a)
The impact of the proposal upon roads, sewer
facilities, water supplies, schools and other public service facilities.
(b)
If the proposal is for a residential use, the
impact of the proposal upon regional housing needs and the effectiveness
of the proposal in providing housing units of a type actually available
to and affordable by classes of persons otherwise unlawfully excluded
by the challenged provisions of the ordinance or map.
(c)
The suitability of the site for the intensity
of use proposed in consideration of the soils, slopes, woodlands,
wetlands, floodplains, aquifers, natural resources and other natural
features found on the site.
(d)
The impact of the proposed use on the site's
soils, slopes, woodlands, wetlands, floodplains, natural resources
and natural features; the degree to which these are protected or destroyed;
the tolerance of the resources to development; and any adverse environmental
impacts.
(4)
The Board shall commence hearings within 60
days after the challenge is filed, unless the landowner requests or
consents to an extension of time. Failure to so commence hearings
shall be a deemed denial of the challenge.
(5)
The Board shall render its decision within 45
days after the conclusion of the last hearing, which may be a hearing
scheduled solely to announce a decision, whether or not evidence is
received in said hearing. Failure to so render a decision shall be
deemed a denial of the challenge.
(6)
Public notice of the hearing shall include notice
that the validity of the ordinance or map is in question and shall
give the place and times where a copy of the request, including any
attached materials, may be examined by the public.
F. Challenges to the validity of a land use ordinance
raising procedural questions or alleged defects in the process of
enactment or adoption.
(1)
Such procedural challenges must be raised by
an appeal taken within 30 days after the effective date of the ordinance.
(2)
Such procedural appeals shall be commenced as set forth in Subsection
E(1).
G. Any other appeals from a determination of any officer, body or agency of the Township charged with the administration of any land use ordinance or application thereunder, provided that the same is appealable to this Board under the provisions of the Pennsylvania Municipalities Planning Code (53 P.S. § 10101 et seq.). Such appeals shall proceed as nearly as possible in accordance with Subsection
D.