[Amended 4-5-1995; 2-17-1997; 3-17-1998 by Res. No. 98-07; 6-20-2001 by Ord. No. 01-01; 8-20-2003 by Ord. No. 03-04; 6-17-2015 by Ord. No. 04-2015; 11-29-2018 by Ord. No. 05-2018; 4-6-2023 by Ord. No. 03-2023]
A.
Appointment.
(1)
The members of the Zoning Hearing Board shall
consist of five residents of the Township appointed by resolution
of the Board of Supervisors. Each term of office shall be five years
and shall be so fixed that the term of office of one member shall
expire each year.
(2)
The Board of Supervisors may appoint by resolution
from one to three alternate members to the Zoning Hearing Board. Said
members shall be residents of the Township and shall have a term of
office of three years.
B.
Vacancies. Appointments to fill vacancies on the Zoning
Hearing Board shall be for the duration of the unexpired portion of
the term only.
C.
Removal of members. Any member of the Zoning Hearing
Board may be removed for malfeasance, misfeasance, or nonfeasance
in office or for other just cause by a majority vote of the Board
of Supervisors. No vote shall take place until such time as the member
has received a fifteen-day 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.
D.
The term "Board," if and when used in this article,
shall mean the Zoning Hearing Board.
A.
Conduct of the Board. The Zoning Hearing Board shall
elect from its own membership its officers, who shall serve annual
terms as such and may succeed themselves. For the conduct of any hearing
and the taking of any action, a quorum shall be not less than a majority
of all the members of the Board. The Board may appoint a hearing officer
from its own membership to conduct the hearing on its behalf, and
the parties may waive further action by the Board and accept the decision
or findings of the hearing officer as final, as provided in § 908
of the MPC.[1]
[1]
Editor's Note: See 53 P.S. § 10908.
B.
Establishment of procedure. The Zoning Hearing Board
may make, alter and rescind rules and forms for its procedure consistent
with the ordinances of the Township and the laws of the Commonwealth.
Such rules and forms may require applicants and/or parties to Board
proceedings to provide properly certified or authenticated surveys,
plans, reports and like documents to the Board. The Board shall maintain
full public records of its business.
A.
Expenditures. Within the limits of funds appropriated
by the Board of Supervisors, the Zoning Hearing Board may employ or
contract for secretaries, clerks, legal counsel, consultants, and
other technical and clerical services. Members of the Board may receive
compensation for the performance of their duties, as may be established
by the Board of Supervisors.
B.
Fees. An applicant or appellant before the Zoning
Hearing Board shall pay to the Township at the time of filing the
application or appeal, the fees as established by resolution of the
Board of Supervisors, for purposes as prescribed in § 908(1.1)
of the MPC.[1]
[1]
Editor's Note: See 53 P.S. § 10908(1.1).
A.
The Zoning Hearing Board shall have exclusive jurisdiction to hear
and render final decisions in the matters designated by Section 909.1(a)
of the MPC attached as Attachment 6 of this chapter and incorporated
herein by reference and made a part hereof.
B.
For special exception applications, the Zoning Hearing Board may
grant a special exception only if the application complies with all
of the express standards and criteria set forth in this chapter applicable
to the specific special exception use. The Zoning Hearing Board has
no jurisdiction to grant a variance from any of the express standards
and criteria. If an express standard and criteria cannot be complied
with, the application shall be considered and decided as an application
for a use variance.
A.
Standing.
(1)
A substantive challenge or an appeal to the Zoning Hearing Board
pursuant to Sections 909.1(a)(1), (3), (4), (7), (8) or (9) of the
MPC (attached as Attachment 7 of this chapter and incorporated herein
by reference and made a part hereof) may be filed by the landowner
affected, any officer or agency of the Township, or any person aggrieved.
Such appeal shall be taken within the time as stipulated by the MPC
and the Rules of Procedure of the Zoning Hearing Board, if any, by
filing with the Zoning Officer a notice of substantive challenge or
notice of appeal specifying the grounds thereof. The Zoning Officer
shall forthwith transmit to the Zoning Hearing Board all the papers
constituting the record upon which the action appealed from was taken.
(2)
An application for a variance or special exception may be filed
by any landowner.
B.
Notice. Upon filing a request for a hearing, the Zoning Hearing Board
shall fix a reasonable time and place for a public hearing and shall
give notice thereof as follows:
(2)
By mailing a written notice thereof to the applicant or appellant
at least 14 days before the date fixed for the hearing.
(3)
By mailing a written notice thereof to the Zoning Officer, the
Township Secretary, each member of the Board of Supervisors, each
member of the Planning Commission, and to every person or organization
who shall have registered with the Board for the purpose of receiving
such notices.
(4)
By posting the written notice thereof of said hearing in a conspicuous
location on the affected tract of land, at least one week prior to
the hearing.
(5)
By mailing written notice thereof to the owner of every lot on the same street within 1,000 feet (measured along the street frontage) of the lot subject of the hearing in question, and of every lot not on the same street but within a 1,000 foot radius of the said lot, provided that failure to give notice as required by this Subsection B(5) shall not invalidate any action taken by the Zoning Hearing Board.
(6)
The notice herein required shall state the date, time and place
of the hearing, the location of the lot or building subject of the
application or appeal, and the general nature of the request involved.
C.
The hearing shall be scheduled and conducted and the application
or appeal shall be decided in accordance with Section 908 of the MPC,
attached as Attachment 8 of this chapter and incorporated herein by
reference and made a part hereof.
A.
Required findings. The Zoning Hearing Board may grant
a variance to the provisions of this chapter, provided the findings
prescribed in § 910.2 of the MPC[1] are made where relevant in a given case. Section 910.2
of the MPC is attached as Attachment 9 of this chapter and incorporated
herein by reference and made a part hereof.
[1]
Editor's Note: See 53 P.S. 10910.2.
B.
Conditions. In granting any variance, the Zoning Hearing
Board may attach and impose such reasonable conditions and safeguards
as it may deem necessary to implement the purposes of this chapter
and the MPC.
The Zoning Hearing Board shall hear and decide
all requests for special exceptions, as identified within this chapter,
in accordance with the following standards:
A.
Relationship to the Comprehensive Plan. Consideration
of the size, scope, extent, and character of the proposed special
exception and assurance that such proposal is consistent with the
purposes and objectives of the East Brandywine Township Comprehensive
Plan.
B.
Suitability of the tract. Consideration of the suitability
of the proposed tract including, as applicable, environmental conditions,
highway access, and availability of sewer and water service.
C.
Impact on existing neighborhood character; consideration of the extent
to which the proposed special exception will alter unduly the character
of the existing neighborhood and adjacent tracts, and the effectiveness
of proposed or potential mitigation measures. Where required by this
chapter, an historic resource impact study prepared by the applicant
and the review and recommendations of the East Brandywine Township
Historical Commission shall be presented to the Zoning Hearing Board
by the applicant and made a part of the record of the hearing.
D.
Impact on circulation. Consideration of the effects
the proposed special exception may have on traffic patterns and volumes,
access, and parking.
E.
Economic impact. Consideration of the character and
type of development proposed in terms of generating revenue for the
Township and imposing demands on municipal services.
