[Amended 1-21-1992 by Ord. No. 294]
A. There is hereby created for the Township of Upper Southampton a Zoning Hearing Board in accordance with the provisions of Article
IX of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10901 et seq.
B. The membership of the Board shall consist of five
residents of the Township of Upper Southampton appointed by resolution
by the Board of Supervisors. The terms of office shall be five years
and shall be so fixed that the term of office of one member shall
expire each year. The Board shall promptly notify the Board of Supervisors
of any vacancies which occur. Appointments to fill vacancies shall
be only for the unexpired portion. Members of the Board shall hold
no other office in the Township of Upper Southampton.
C. 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 Supervisors which appointed the member, 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. 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 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 this chapter.
E. The Board may make, alter and rescind rules and forms
for its procedure, consistent with ordinances of the Township of Upper
Southampton and laws of the commonwealth. The Board shall keep full
public records of its business, which records shall be the property
of the Township of Upper Southampton and shall submit a report of
its activities to the Board of Supervisors as requested by the Board
of Supervisors.
F. 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, but
in no case shall it exceed the rate of compensation authorized to
be paid to the members of the Board of Supervisors.
G. Creation
of position of alternate member. The alternate member of the Upper
Southampton Zoning Hearing Board shall serve and shall have the powers
and rights established and permitted by the Pennsylvania Municipalities
Planning Code. The term of the Board alternate member of the Upper
Southampton Zoning Hearing Board shall be for three years; provided,
however, the initial term of the Board alternate member shall expire
on December 31, 2011.
[Added 6-16-2009 by Ord. No. 393]
[Amended 1-21-1992 by Ord. No. 294]
The Zoning Hearing Board shall conduct hearings
and make decisions in accordance with the following requirements:
A. Public notice shall be given and written notice shall
be given to the applicant, the Zoning Officer, to all adjoining owners
including owners of property within 500 feet and to any person who
has made timely request for the same. Written notices shall be given
at such time and in such manner as shall be prescribed by rules of
the Board. In addition to the written notice provided herein, written
notice of said hearing shall be conspicuously posted on the affected
tract of land at least one week prior to the hearing.
B. The hearing shall be held within 60 days from the
date of the applicant's request, unless the applicant has agreed in
writing to an extension of time.
C. 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, however, the appellant or the applicant, as the case may be,
in addition to the Township of Upper Southampton, may, prior to the
decision of the hearing, waive decision or findings by the Board and
accept the decision or findings of the hearing officer as final.
D. The parties to the hearing shall be the Township of
Upper Southampton, 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 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.
E. 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.
F. The parties shall have the right to be represented
by counsel and shall be afforded the opportunity to respond and present
evidence and argument and cross-examine adverse witnesses on all relevant
issues.
G. Formal rules of evidence shall not apply, but irrelevant,
immaterial, or unduly repetitious evidence may be excluded.
H. The Board or the hearing officer, as the case may
be, shall keep a stenographic record of the proceedings. The appearance
fee for a stenographer shall be shared equally by the applicant and
the Board. The cost of the original transcript shall be paid by the
Board if the transcript is ordered by the Board or hearing officer
or shall be paid by the person appealing from the decision of the
Board if such appeal is made, and in either event the cost of additional
copies shall be paid by the person requesting such copy or copies.
In other cases the party requesting the original transcript shall
bear the cost thereof.
I. 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, except advice from their
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.
J. 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. Where the application it 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 law, ordinance, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found. If the hearing is conducted by a hearing officer, and there has been no stipulation that his decision or findings are final, the Board shall make his report and recommendations available to the parties within 45 days and the parties shall be entitled to make written representations thereon to the Board prior to final decision or entry of findings, and the Board's decision shall be entered no later than 30 days after the report of the hearing officer. Where the Board fails to render the decision within the period required by this subsection, or fails to hold the required hearing within 60 days from the date of the applicant's request for a hearing, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the Board to meet or render a decision as hereinabove provided, the Board shall give public notice of the said decision within 10 days from the last day it could have met to render a decision in the same manner as provided in Subsection
A of this section. If the Board shall fail to provide such notice, the applicant may do so. Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.
K. 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, brief notice of the decision or findings
and a statement of the place at which the full decision or findings
may be examined.
L. The Board of Supervisors shall establish, by resolution,
fees with respect to hearings before the Zoning Hearing Board.
[Amended 1-21-1992 by Ord. No. 294]
A. The Zoning Hearing Board shall have exclusive jurisdiction
to hear and render final adjudications in the following matters:
(1) Substantive challenges to the validity of any land
use ordinance, except those brought before the Board of Supervisors
pursuant to §§ 609.1 and 916.1(a)(2) of the Pennsylvania
Municipalities Planning Code (hereinafter "MPC"), 53 P.S. §§ 10609.1
and 10916.1.
(2) Challenges to the validity of a land use 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 said ordinance. Where
the ordinance appealed from is the initial zoning ordinance of the
Township of Upper Southampton and a Zoning Hearing Board has not been
previously established, the appeal raising procedural questions shall
be taken directly to court.
(3) 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.
(4) Appeals from a determination by the Township Engineer
or the Zoning Officer with reference to the administration of any
floodplain or flood hazard ordinance or such provisions within a land
use ordinance.
(5) Applications for variances from the terms of this
chapter and flood hazard ordinance or such provisions within a land
use ordinance, pursuant to § 910.2 of the MPC, 53 P.S. § 10910.2.
(6) Applications for special exceptions under this chapter
or floodplain or flood hazard ordinance or such provisions within
a land use ordinance, pursuant to § 912.1 of the MPC, 53
P.S. § 10912.1.
(7) Appeals from the determination of any officer or agency
charged with the administration of any transfers of development rights
or performance density provisions of this chapter.
(8) Appeals from the Zoning Officer's determination under
§ 916.2 of the MPC, 53 P.S. § 10916.2.
(9) Appeals from the determination of the Zoning Officer or Township Engineer in the administration of any land use ordinance or provision thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relate to development not involving applications under Article
V or
VII of the MPC, 53 P.S. §§ 10501 et seq. and 10701 et seq.
B. The Board of Supervisors shall have exclusive jurisdiction
to hear and render final adjudications in the following matters:
(1) All applications for approvals of planned residential developments under Article
VII of the MPC pursuant to the provisions of § 702 of the MPC, 53 P.S. § 10702.
(2) All applications pursuant to § 508 of the MPC, 53 P.S. § 10508, for approval of subdivisions or land developments under Article
V of the MPC, 53 P.S. § 10501 et seq.
(3) Applications for special exception under the express
provisions of this chapter.
[Amended 6-16-2009 by Ord. No. 393]
(4) Applications for curative amendment to this chapter
or pursuant to §§ 609.1 and 916.1(a) of the MPC, 53
P.S. §§ 10609.1 and 10916.1(a).
(5) All petitions for amendments to land use ordinances,
pursuant to the procedures set forth in § 609 of the MPC,
53 P.S. § 10609.
(6) Appeals from the determination of the Zoning Officer or the Township Engineer in the administration of any land use ordinance or provisions thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relate to applications for land development under Articles
V and
VII of the MPC, 53 P.S. §§ 10501 et seq. and 10701 et seq. Where such determination relates only to development not involving an Article
V or
VII application, the appeal from such determination of the Zoning Officer or the Township Engineer shall be to the Zoning Hearing Board pursuant to this section. Where the applicable land use ordinance vests jurisdiction for final administration of subdivision and land development applications in the Planning Commission, all appeals from determinations under this subsection shall be to the Planning Commission and all appeals from the decision of the Planning Commission shall be to court.
[Amended 1-21-1992 by Ord. No. 294]
A. The Zoning Hearing 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 and may require preliminary application to the Zoning
Officer. The Board may grant a variance, provided that all of 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 applicant.
(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 purposes of this chapter and the Pennsylvania Municipalities Planning
Code, 53 P.S. § 10101 et seq.
[Amended 1-21-1992 by Ord. No. 294; 9-20-2005 by Ord. No.
371]
A. Where the Board of Supervisors in this chapter has
stated special exceptions to be granted or denied by the Zoning Hearing
Board pursuant to express standards and criteria, the Zoning Hearing
Board shall hold hearings on and decide request for such special exception
in accordance with such standards and criteria. In granting a special
exception, the Zoning Hearing 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.
B. General requirements and standards applicable to all
special exceptions. The Zoning Hearing Board shall grant a special
exception only if it finds adequate evidence that any proposed use
submitted for a special exception will meet all of the following general
requirements as well as any specific requirements and standards listed
for the proposed use. The Zoning Hearing Board shall, among other
things, require that any proposed use and location be:
(1) In accordance with the Upper Southampton Township
Comprehensive Plan and consistent with the spirit, purposes and intent
of this chapter.
(2) In the best interest of the Township, the convenience
of the community, 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 with the existing or intended character
of the general vicinity.
(4) In conformance with all of the requirements of this
chapter.
(5) Suitable in terms of effects on street traffic and
safety with adequate access arrangements to protect major streets
from undue congestion and hazard.
C. Specific requirements for cellular telecommunications facility. In addition to the requirements set forth in Subsections
A and
B of this section, the Zoning Hearing Board when evaluating a cellular telecommunications facility shall consider:
[Added 9-2-1997 by Ord. No. 331; amended 6-16-2009 by Ord. No.
393]
(1) The need for additional buffer yards.
(2) Overall impact on surrounding areas.
(3) Annual proof of adequate and sufficient liability
insurance coverage for a cellular telecommunication facility.
[Amended 1-21-1992 by Ord. No. 294]
Appeals raising the substantive validity of
any land use ordinance (except those to be brought before the Board
of Supervisors pursuant to the Pennsylvania Municipalities Code),
procedural questions or alleged defects in the process of enactment
or adoption of a land use ordinance; or 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; from
a determination by the Township Engineer or the Zoning Officer with
reference to the administration of any floodplain or flood hazard
ordinance or such provisions within a land use ordinance; from the
determination of any officer or agency charged with the administration
of any transfers of development rights or performance density provisions
of this chapter; from the determination of the Zoning Officer or Township
Engineer in the administration of any land use ordinance or provision
thereof with reference to sedimentation and erosion control and stormwater
management insofar as the same relate to development not involving
subdivision and land development or planned residential development
may be filed with the Zoning Hearing Board in writing by the landowner
affected, any officer or agency of the Township of Upper Southampton,
or any person aggrieved. Requests for a variance and for special exception
may be filed with the Board by any landowner or any tenant with the
permission of such landowner.
[Amended 1-21-1992 by Ord. No. 294]
A. General rules and procedures for appeals and applications.
(1) Any appeal shall be made by filing the same with the
Zoning Officer within 30 days after the date of the Zoning Officer's
adverse decision.
(2) All appeals and applications made to the Board shall
be in writing on standard forms prescribed by the Zoning Hearing Board.
(3) All appeals and applications shall refer to the specific
provisions of this chapter involved.
(4) All appeals and applications shall set forth names
and addresses of all adjoining owners including those across public
roads from the subject property and owners of property within 500
feet from the subject property.
B. Interpretation appeals. Appeals concerning the interpretation
of any provisions of this chapter shall exactly set forth the interpretation
that is claimed.
C. Variance appeals.
(1) Appeals for variance from the strict application of this chapter shall include the zoning permit application denied by the Zoning Officer together with a statement with any supporting evidence regarding the requirement listed in §
185-84.
(2) Subsequent to the granting of a variance or other
approval, applicant must obtain a zoning permit within 60 days. If
application is not made within this time period, such variance shall
be considered null and void.
D. Applications for special exceptions.
[Added 9-20-2005 by Ord. No. 371]
(1) Applications for special exceptions shall include
a zoning permit application with all information required therein
and a statement with any supporting evidence regarding the merits
of the proposed use at the proposed location and how the proposal
complies with the general and specific requirements of this chapter.
(2) Subsequent to the granting of a special exception,
applicant must obtain a zoning permit within 30 days. If application
is not made within this time period, such special exception shall
be considered null and void. The Zoning Hearing Board may impose whatever
conditions regarding layout, circulation, and performance it deems
necessary to insure that any proposed development will secure substantially
the objectives of this chapter.
The Board of Supervisors or any person aggrieved
by any decision of the Zoning Hearing Board may, within 30 days after
such decision of the Board, appeal to the Court of Common Pleas of
Bucks County by filing a notice of appeal in accordance with the law
and Rules of Court in such cases made and provided.
[Amended 1-21-1992 by Ord. No. 294]
A. No person shall be allowed to file any proceeding
with the Zoning Hearing Board later than 30 days after an application
for development, preliminary or final, has been approved by the Township
of Upper Southampton 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. The failure of anyone other than the
landowner to appeal from an adverse decision on a tentative plan or
from an adverse decision by the Zoning Officer on a challenge to the
validity of this chapter or an amendment hereto or map or an amendment
thereto shall preclude an appeal from a final approval except in the
case where the final submission substantially deviates from the approved
tentative approval.
B. All appeals from determinations adverse to the landowner
shall be filed by the landowner within 30 days after notice of the
determination is issued.
[Amended 1-21-1992 by Ord. No. 294]
A. Upon filing of any appeal proceeding before the Zoning
Hearing Board 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.
B. After the petition is presented, the court shall hold
a hearing to determine if the filing of the appeal is frivolous. At
the hearing, evidence may be presented on the merits of the case.
It shall be the burden of the applicant for a bond to prove the appeal
is frivolous. After consideration of all evidence presented, if the
court determines that the appeal is frivolous, it shall grant the
petition for a bond. The right to petition the court to order the
appellants to post bond may be waived by the appellee, but such waiver
may be revoked by him if an appeal is taken from a final decision
of the court.
C. The question whether or not such petition should be
granted and the amount of the bond shall be within the sound discretion
of the court. An order denying a petition for bond shall be interlocutory.
An order directing the responding party to post a bond shall be interlocutory.
D. If an appeal is taken by a respondent to the petition
for a bond from an order of the court dismissing a zoning appeal for
refusal to post a bond and the appellate court sustains the order
of the court below to post a bond, the respondent to the petition
for a bond, upon motion of the petitioner and after hearing in the
court having jurisdiction of zoning appeals, shall be liable for all
reasonable costs, expenses and attorney fees incurred by the petitioner.