The 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 members of the Board, but the Board 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 Board as provided in §
185-112. If, by reason of absence or disqualification of a member, a quorum is not reached, the Chairman of the Board shall designate as many alternate members of the Board to sit on the Board as may be needed to provide a quorum. Any alternate member of the Board shall continue to serve on the Board in all proceedings involving the matter or case for which the alternate was initially appointed until the Board has made a final determination of the matter or case. Designation of an alternate pursuant to this section shall be made on a case-by-case basis in rotation according to declining seniority among all alternates. The Board may make, alter, and rescind rules and forms for its procedure, consistent with ordinances of the Township and laws of the commonwealth. The Board shall keep full public records of its business, which records shall be the property of the Township, and shall submit a report of its activities to the Board of Supervisors upon request.
Within the limits of funds appropriated by the Board of Supervisors, the 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 fixed by the Board of Supervisors. Alternate members of the Board may receive compensation, as may be fixed by the governing body, for the performance of their duties when designated as alternate members pursuant to §
185-110, but in no case shall such compensation exceed the rate of compensation authorized to be paid to the members by the governing body.
The Board shall conduct hearings and render
decisions in accordance with Article IX of the Act.
The Zoning Hearing Board shall have the exclusive
jurisdiction to hear and render decisions in the following matters:
A. Substantive challenges to the validity of the Zoning Ordinance, except those brought before the governing body pursuant to §
185-121E of this chapter.
B. Challenges to the validity of the Zoning 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. Applications for special exceptions pursuant to the
expressed following requirements:
(1)
Filing requirements. In addition to the required zoning permit information (see §
185-119), each special exception application shall include the following:
(a)
Ground floor plans and elevations of proposed
structures.
(b)
Names and address of adjoining property owners,
including properties directly across a public right-of-way.
(c)
A scaled drawing (site plan) of the site with
sufficient detail and accuracy to demonstrate compliance with all
applicable provisions of this chapter.
(d)
A written description of the proposed use in
sufficient detail to demonstrate compliance with all applicable provisions
of this chapter.
(2)
General criteria. Each applicant must demonstrate
compliance with the following:
(a)
The proposed use shall be consistent with the purpose and intent of Chapter
185, Zoning.
(b)
The proposed use shall not detract from the
use and enjoyment of adjoining or nearby properties;
(c)
The proposed use will not substantially change
the character of the subject property's neighborhood;
(d)
Adequate public facilities are available to
serve the proposed use (e.g., schools, fire, police and ambulance
protection, sewer, water and other utilities, vehicular access, etc.);
(e)
For development within the Floodplain Zone, that the application complies with those requirements listed in §
185-24J of this chapter.
(f)
The proposed use shall comply with those criteria specifically listed in Article
IV of this chapter. In addition, the proposed use must comply with all other applicable regulations contained in this chapter; and
(g)
The proposed use will not substantially impair
the integrity of the Township's Comprehensive Plan.
(3)
Conditions. The Zoning Hearing Board, in approving special exception applications, may attach conditions considered necessary to protect the public welfare and the purposes listed above, including conditions which are more restrictive than those established for other uses in the same Zone. These conditions shall be enforceable by the Zoning Officer, and failure to comply with such conditions shall constitute a violation of this chapter and be subject to the penalties described in Article
VII.
(4)
Site plan approval. Any site plan presented in support of the special exception pursuant to Subsection
C(1) shall become an official part of the record for said special exception. Approval of any special exception will also bind the use in accordance with the submitted site plan; therefore, should a change in the site plan be required as part of the approval of the use, the applicant shall revise the site plan prior to the issuance of a zoning permit. Any subsequent change to the use on the subject property not reflected on the originally approved site plan shall require the obtainment of another special exception approval.
(5)
Unless otherwise specified by the Board or by
law, a special exception shall expire if the applicant fails to obtain
a zoning permit within one year from the date of authorization thereof
by the Board or by the court if such special exception has been granted
after an appeal, or fails to complete any erection, construction,
reconstruction, alteration or change in use authorized by the special
exception within two years from the date of authorization by the Board
or by the court if such special exception has been granted after an
appeal. The Board, for reasonable cause, may extend the approval for
an additional period of up to one year.
D. Variances. The Board shall hear requests for variances
where it is alleged that the provisions of this chapter inflict unnecessary
hardship upon the applicant. The Board may, by rule, prescribe the
form of application to the Zoning Officer. 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 zone in which the property is located;
(2)
That because of such physical circumstances
or conditions, there is not 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 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 zone or neighborhood in which the property
is located, nor substantially or permanently impair the appropriate
use or development of adjacent property, not 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 regulations in issue;
(6)
That variances within the Floodplain Zone shall require compliance with those regulations contained in §
185-24H and
I of this chapter;
(7)
In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter. These conditions shall be enforceable by the Zoning Officer, and failure to comply with such conditions shall constitute a violation of this chapter and be subject to the penalties described in Article
VII; and
(8)
Unless otherwise specified by the Board or by
law, a variance shall expire if the applicant fails to obtain a zoning
permit within one year from the date of authorization thereof by the
Board or by the court if such variance has been granted after an appeal,
or fails to complete any erection, construction, reconstruction, alteration
or change in use authorized by the variance approval within two years
from the date of authorization thereof by the Board or by the court
if such variance has been granted after an appeal. The Board, for
reasonable cause, shall and may extend the approval for an additional
period of up to one year.
E. 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.
F. Appeals from a determination by a municipal engineer
or the Zoning Officer with reference to the administration of any
provisions contained within the Floodplain Zone.
G. Appeals from the determination of any officer or agency charged with the administration of any transfers of development rights or performance density provisions of Chapter
185, Zoning.
H. Appeals from the Zoning Officer's determination under
Section 916.2 (and any subsequent amendments) of the Act.
I. Appeals from the determination of the Zoning Officer or Municipal Engineer in the administration of any land use ordinance with reference to sedimentation and erosion control and/or stormwater management for applications not involving a subdivision/land development nor a planned residential development as regulated in Articles
V and
VII of the Act, respectively.
Any person, taxpayer, or the Township aggrieved
by any decision of the Board may, within 30 days after such decision
of the Board, seek review by the Court of Common Pleas of such decision
in the manner provided by the laws of the Commonwealth of Pennsylvania
and Article X-A of the Municipalities Planning Code, as amended.