Township of Haverford, PA Article X Zoning Hearing Board

§ 182-1001 Establishment; membership; organization; compensation.

A. Creation of Board. A Zoning Hearing Board is hereby established by the Board of Township Commissioners in accordance with the provisions of Article IX of the Pennsylvania Municipalities Planning Code, as amended. Hereinafter, as used in this Article, the term "Board" shall refer to the Zoning Hearing Board, and the term "Planning Code" shall refer to the Pennsylvania Municipalities Planning Code.[1]

[1] Editor's Note: See 53 P.S. § 10101 et seq.

B. Membership of the Board. The membership of the Zoning Hearing Board shall be appointed by the Board of Commissioners consistent with the provisions of § 4-607 et seq. of the Township Administrative Code.

[Amended 4-17-2000 by Ord. No. 2334]

C. Removal of members. Any Board member may be removed for malfeasance, misfeasance or nonfeasance in office or for other just cause by a majority vote of the Board of Township Commissioners, taken after the member has received 15 days' 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. Organization of Board.

(1) 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 the members of the Board, but where two members are disqualified to act in a particular matter, the remaining member may act for the Board. As provided for by the Planning Code, 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 § 182-1003A.

(2) The Zoning Hearing Board shall adopt rules and forms for its procedure in accordance with the provisions of this chapter. Meetings of the Zoning Hearing Board shall be held at the call of the Chairman and at such other times as the Zoning Hearing Board may determine. Such Chairman or, in his absence, the acting Chairman may administer oaths and compel the attendance of witnesses. All meetings of the Zoning Hearing Board shall be open to the public.

(3) The Zoning Hearing Board shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicate such fact and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Township Manager and shall be a public record.

(4) The Zoning Hearing Board shall submit a report of its activities to the Board of Township Commissioners once a year.

E. Expenditures for services. Within the limits of funds appropriated by the Board of Township Commissioners, 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 Township Commissioners, but in no case shall it exceed the rate of compensation authorized to be paid to the members of the Board of Township Commissioners.

§ 182-1002 Functions; powers.

A. Appeals from the Zoning Officer. 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 provision of this chapter or of the Zoning Map or any valid rule or regulation governing the action of the Zoning Officer.

B. Variances. The Board shall hear requests for variances where it is alleged that the provisions of this chapter inflict unnecessary hardship upon the applicant, subject to the standards prescribed by law and contained in § 182-1004A.

C. Special exception. The Board shall hear and decide requests for special exceptions where this chapter states that a special exception may be granted or denied by the Board in accordance with express standards and criteria contained in this chapter.

D. Challenge to validity of chapter or map. The Board shall hear challenges to the validity of this chapter or to the Zoning Map which properly come before the Board in accordance with the Planning Code and shall take evidence, decide contested questions, make findings on all relevant issues of fact and make a record thereof as prescribed by said code and by this chapter.

E. Unified appeals. The Board shall hear unified appeals relating to any Township ordinance which are brought before the Board in conjunction with a zoning matter over which the Board has jurisdiction in accordance with the requirements of Section 913.1 of the Planning Code.[1]

[1] Editor's Note: See 53. P.S. § 10913.1.

§ 182-1003 Hearings.

A. Requirements and procedures. The Board shall conduct hearings and make decisions in accordance with the requirements of the Planning Code and any pertinent provisions of this chapter or the rules of the Board.

(1) Upon the filing with the Board of an appeal, an application for a special exception or variance from the terms of this chapter or a challenge, the Board shall fix a time and place for a public hearing thereon, subject to the provisions of the Planning Code, and shall give notice thereof in accordance with the provisions of Subsection B hereof.

(2) The Board may establish reasonable fees, based on cost, to be paid by the applicant and by persons requiring any notice not required by this chapter.

(3) The hearings shall be conducted by the Board or the Board may appoint any member as a hearing officer. The decision or, where no decision is called for, the findings shall be made by the Board, but the parties may waive decision or findings by the Board and accept the decision or findings of the hearing officer as final.

(4) The parties to the hearing shall be the Township, 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.

(5) The Chairman or Acting Chairman of the Board or the hearing officer presiding shall have 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.

(6) 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. At the hearing, any party may appear in person or by agent or by attorney.

(7) Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded.

(8) The Board or the hearing officer, as the case may be, 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 requesting such at cost.

(9) The Board or the hearing officer shall not communicate, directly or indirectly, with any party or his representatives in connection with any issue involved except upon notice and opportunity for all parties to participate; shall not take notice of any communication, reports, staff memoranda or other materials unless the parties are afforded an opportunity to contest the material so noticed; and shall not inspect the site or its surroundings with any party or his representative unless all parties are given an opportunity to be present.

(10) Any variance or special exception granted by the Board shall expire and become null and void six months after the date of its issuance unless the recipient has taken action to implement the development authorized by said variance or special exception. Such action shall be defined as application to the Planning Commission for subdivision and/or land development approval or, in cases for which no such approval is required, application to the Zoning Officer for a building permit. The Board may grant one six-month extension upon demonstration of good cause by the recipient.

[Added 3-21-1977 by Ord. No. 1657]

(11) All applicants for a variance or a special exception shall be required to submit a plan, drawn to scale, showing the improvement for which relief is requested in its relationship to the balance of the property and to adjacent properties. Said plan shall be submitted at least 10 days prior to the date of the scheduled hearing before the Zoning Hearing Board, and said plan shall be made available for inspection by any member of the general public. Failure to submit said plan at least 10 days prior to the date of the hearing shall result in the continuance of the hearing to a later date, as may be determined by the administrative officer, and payment of such additional costs as may be determined by the Board of Commissioners.

[Added 3-10-1980 by Ord. No. 1768]

B. Notice requirements.

(1) In any case where the Zoning Hearing Board shall hold a public hearing, the Board shall, at the minimum, give notice of such hearing as follows, which notice shall state the time and the place of the hearing and the particular nature of the matter to be considered at the hearing:

(a) By publishing a notice thereof once each week for two successive weeks in a newspaper of general circulation in the Township, provided that the first publication shall be not more than 30 or less than 14 days from the date of the hearing.

(b) By mailing or delivering due notice thereof to the applicant and other parties in interest, who shall be at least those persons whose properties adjoin the property in question.

(c) By mailing or delivering notice thereof to the Township Commissioner representing the election district in which the lot or building is located, the Township Manager, the Zoning Officer and the Township Planning Commission.

(d) By mailing a notice thereof to every resident or association of residents of the Township who shall have registered their names and addresses for this purpose with the Zoning Hearing Board.

(2) Notice of decision.

(a) The Board or the hearing officer, as the case may be, shall render a written decision or, when no decision is called for, make written findings on the application within 45 days after the last hearing before the Board or hearing officer, subject to the additional requirements of the Planning Code. Where the Board has 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 the Planning Code, 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.

(b) A copy of the final decision or, where 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, a brief notice of the decision or findings and a statement of the place at which the full decision or findings may be examined.

§ 182-1004 Standards for determinations on variances and special exceptions.

A. In any instance where the Zoning Hearing Board is required to consider a special exception or variance in the Zoning Ordinance or Zoning Map in accordance with the provisions of this chapter, the Board shall, among other things, consider the following standards:

(1) Variances.

(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 therefor 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 of the regulation in issue.

(2) Special exceptions.

(a) The suitability of the property for the use desired. The Board shall assure itself that the proposed request is consistent with the spirit, purpose and intent of the Zoning Ordinance.

(b) That the proposed special exception will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood and that the use of property adjacent to the area included in the proposed change or plan is adequately safeguarded.

(c) That the proposed special exception will serve the best interests of the Township, the convenience of the community and the public welfare.

(d) The effect of the proposed special exception upon the logical efficient and economical extension of public services and facilities, such as public water, sewers, police and fire protection and public schools.

(e) The imposition of such conditions, in addition to those required, as are necessary to assure that the intent of the Zoning Ordinance is complied with, which conditions may include but are not limited to harmonious design of buildings; planting and its maintenance as a sight or sound screen; the minimizing of noxious, offensive or hazardous elements; adequate standards of parking; and sanitation.

(f) That the unique circumstances for which the special exception is sought were neither created by the owner of the property nor were due to or the result of general conditions in the zoning district in which the property is located.

(g) The suitability of the proposed location of an industrial or commercial use with respect to probable effects upon highway traffic and that adequate access arrangements in order to protect major streets and highways from undue congestion and hazard are assured.

(h) The adequacy of sanitation and public safety provisions, where applicable, and require a certificate of adequacy of sewage and water facilities from the appropriate governmental agency in such case required herein or deemed advisable.

(i) That financial hardship shall not be construed as the basis for granting special exceptions.

B. In granting any variance or 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 the Planning Code and Zoning Ordinance, which conditions and safeguards may relate to but are not limited to the harmonious design of buildings, planting and its maintenance as a sight or sound screen, lighting, noise, safety and the minimizing of noxious, offensive or hazardous elements.

C. In the case of a request for a special exception or variance, it shall be the responsibility of the applicant to present such evidence as is necessary to demonstrate that the proposed use or modification complies with the pertinent criteria and standards set forth in this section.

§ 182-1005 Appeals.

A. Appeals before Zoning Board and court. All appeals, applications or challenges which properly come before the Board in accordance with the requirements of the Planning Code and all appeals to court shall be subject to the time limitations and requirements of this Article and any other applicable provision of said code. The proceedings set forth in this Article shall constitute the exclusive mode for securing review of any ordinance, decision, determination or order of the Board of Township Commissioners, its agencies or officers adopted or issued pursuant to the Planning Code. Appeals to court shall be taken to the Court of Common Pleas of Delaware County.

B. Parties appellant before Zoning Board. Appeals under § 182-1002A and proceedings to challenge an ordinance under § 182-1002D may be filed with the Board, in writing, by the landowner affected, any officer or agency of the Township or any person aggrieved. Request for a variance under § 182-1002B and for special exception under § 182-1002C may be filed with the Board by any landowner or any tenant with the permission of such landowner.

C. Time limitations. No person shall be allowed to file any proceeding with the Board later than 30 days after any application for development, preliminary or final, has been approved by the appropriate Township officer, agency or body if such proceeding is designed to secure reversal or to limit the approval in any manner, unless such person alleges and proves that he had no notice, knowledge or reason to believe that such approval had been given. If such person has succeeded to his interest after such approval, he shall be bound by the knowledge of his predecessor in interest.

D. Stay of proceedings. Upon filing of any proceeding referred to in Subsection A hereof and during its pendency before the Board, all land development pursuant to any challenged ordinance, order or approval of the Zoning Officer or of any agency or body and all official action thereunder shall be stayed unless the Zoning Officer or any other appropriate agency or body certifies to the Board facts indicating that such stay would cause imminent peril to life or property, in which case the development or official action shall not be stayed otherwise than by a restraining order, which may be granted by the Board or by the court having jurisdiction of zoning appeals on petition after notice to the Zoning Officer or other appropriate agency or body. When an application for development, preliminary or final, has been duly approved and proceedings designed to reverse or limit the approval are filed with the Board by persons other than the applicant, the applicant may petition the court having jurisdiction of zoning appeals to order such persons to post bond as a condition to continuing the proceedings before the Board. The question of whether or not such petition should be granted and the amount of the bond shall be within the sound discretion of the court.