[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; 2-22-2024 by Ord. No. 479]
The Zoning Hearing Board and/or Board of Supervisors, as the case may be, shall conduct Hearings and make decisions in accordance with the following requirements:
A. 
Public notice shall be given by the Zoning Hearing Board and/or the Board of Supervisors as required by law.
B. 
Written Notice for Dimensional Variance and/or Special Exception Applications. An Applicant for a dimensional variance and/or special exception shall 15 days prior to the hearing, provide written notice by First Class U.S. Mail, with a Certificate of Mailing PS Form 3817 to all adjacent property owners specifying:
(1) 
The name and address of the applicant.
(2) 
The name and address of the owner of the property.
(3) 
The specific nature of the request contained within the application.
(4) 
A statement that a complete copy of the application and all plans submitted therewith are available for inspection by any interested individual at the Upper Southampton Township, Department of Licenses and Inspection.
(5) 
The date, time, and location of the hearing.
C. 
Written Notice for Use Variance and/or any other Zoning Applications. An Applicant for a use variance and/or any other zoning application shall within 15 days of the filing of any application provide notice by certified mail to all property owners within 300 feet of all property lines specifying all information required in Subsection B(1) through (5).
D. 
No hearing on any request on any Zoning Application shall take place before the Upper Southampton Township Zoning Hearing Board or Board of Supervisors unless the applicant provides, either prior to or at the commencement of hearing on the application, a certification of service upon all property owners as specified in Subsections B and/or C. The notice shall comply in all respects with the requirements of Subsection B(1) through (5).
E. 
The certification shall be accompanied by a copy of the notice and a listing containing the tax parcel number, street address, and name of the property owners so notified.
F. 
The certification of notice shall verify the mailing by certified mail and/or First Class U.S. Mail, as the case may be, of the required notice, and shall be accompanied by proof of the certified and/or First Class mailing.
G. 
Should any hearing be continued from a date originally set, the notice requirement contained herein shall be satisfied by the announcement on the public record of the date and location for the continued hearing.
[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.