A Zoning Hearing Board is established in order that the objectives
of this chapter be more fully and equitably achieved and a means for
competent interpretation of this chapter provided.
Any Zoning Hearing 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, taken after 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.
[Amended 10-2-2001 by Ord. No. 01-14]
A. Officers. The Zoning Hearing Board shall elect from its own membership
its officers, who shall serve annual terms as such and may succeed
themselves.
B. Procedures. The Zoning Hearing Board may make, alter and rescind
rules and forms for its procedures consistent with ordinances of the
Township and laws of the commonwealth.
C. Meetings. Meetings shall be open to the public and shall be at the
call of the Chairman and at such other times as the Zoning Hearing
Board shall specify in its rules of procedure. 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 Zoning Hearing Board. The Zoning
Hearing Board may appoint a hearing officer from its own membership
to conduct any hearing on its behalf, and the parties may waive any
further action by the Zoning Hearing Board.
D. Records and decisions. 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, indicating such fact, and shall
keep records of its examinations and other official actions, all of
which shall be the property of the Township and shall be a public
record. The Zoning Hearing Board shall submit a report of its activities
to the Board of Supervisors as requested by the Board of Supervisors.
E. Time limits on Zoning Hearing Board decisions. A special exception
or variance authorized by a decision of the Zoning Hearing Board shall
expire if the applicant fails to obtain a building or use and occupancy
permit pursuant thereto within one year from the date of granting
of the special exception or variance.
(1)
If the subject of the use ultimately constitutes either a subdivision
or land development, the special exception or variance shall expire
if the applicant fails to file the required subdivision or land development
plan within one year of the granting of the special exception or variance;
provided that, however:
(a)
The applicant shall have one year after the final record plan
of the subdivision or land development is approved to obtain a building/use
permit.
[Amended 4-21-1992 by Ord. No. 92-6]
A. Each of the five members of the Zoning Hearing Board shall be compensated
for the exercise of their duties at a rate of $100 per month, regardless
of the number of duly convened public meetings required to be held
during such month.
B. Alternate members of the Zoning Hearing Board may receive compensation for the performance of their duties in the same manner and amount as regular members when designated as alternate members pursuant to §
500-3102B of this chapter.
[Amended 10-2-2001 by Ord. No. 01-14]
A. Applicability. The Board of Supervisors shall have the power to approve
conditional uses when this chapter specifically requires the obtaining
of such approval, and for no other use or purpose.
B. Conditions and standards. In granting a conditional use, the Board
of Supervisors shall make findings of fact consistent with the provisions
of this chapter. The Board of Supervisors shall not approve a conditional
use except in conformance with the conditions and standards outlined
in this chapter.
C. General requirements and standards applicable to all conditional
uses. The Board of Supervisors shall grant a conditional use only
if it finds adequate evidence that any proposed development submitted
will meet all of the following general requirements listed herein
as well as any specific requirements and standards for the proposed
use. The Board of Supervisors shall, among other things, require that
any proposed use and location be:
(1)
In accordance with the Comprehensive Plan and §
500-104 of this chapter and consistent with the spirit, purposes and intent of this chapter.
(2)
In the best interests of the Township, the convenience of the
community, the public welfare, and be a substantial improvement to
the property in the immediate vicinity.
(3)
Suitable for the property in question and designed, constructed,
operated and maintained so as to be in harmony with and appropriate
in appearance to the existing or intended character of the general
vicinity.
(4)
Appropriate in terms of its effect upon the logical, efficient
and economical extension of public services and facilities such as
public water, sewer, police and fire protection, and public schools.
(5)
Guide the development of state highway frontage insofar as possible
so as to limit the total number of access points and encourage the
fronting of buildings on parallel marginal roads or on roads perpendicular
to the highway.
(6)
Adequate with regard to sanitation and public safety provisions.
Where required or deemed advisable, a certificate of adequacy of sewage
and water facilities from the applicable water/sewer agency and, where
necessary, the Bucks County Health Department and/or the Pennsylvania
Department of Environmental Protection shall be provided.
(7)
Require that all commercial or industrial parking, loading,
access or service areas be adequately illuminated at night while in
use, and that such lighting, including sign lighting, shall be arranged
so as to protect the highway and neighboring properties from direct
glare or hazardous interference of any kind.
(8)
In conformance with all applicable requirements of this chapter
and all municipal ordinances.
(9)
Suitable in terms of effects on highway traffic and safety with
adequate access arrangements to protect streets from undue congestion
and hazard.
(10)
In accordance with sound standards of subdivision and land development
practice where applicable.
D. The Board of Supervisors may attach such reasonable conditions and
safeguards, other than those related to off-site transportation or
road improvements, in addition to those expressed in this chapter,
as it may deem necessary to implement the purposes of this chapter.
E. Review by the Planning Commission. The Board of Supervisors shall
request an advisory opinion from the Planning Commission on any application
for a conditional use. The Planning Commission shall submit a report
of such advisory opinion prior to the date of the public hearing held
by the Board of Supervisors on an application.
F. The Board of Supervisors shall refuse an application for conditional
use where opponents to the application establish by a preponderance
of evidence that the application is contrary to the health, safety
and morals or general welfare of the community at large.
G. Transportation impact study. A transportation impact study shall
be submitted with an application for a conditional use when the proposed
use meets the applicability criteria set forth in § 500-3205C
of this chapter.
(1)
The transportation impact study shall be conducted and prepared
in accordance with the requirements of § 500-3205C of this
chapter.
(2)
The Board of Supervisors shall review the impact study to analyze
its adequacy in solving any traffic problems that will occur due to
the proposed use. The Board of Supervisors shall consider the impact
study and the analysis of the impact study before the application
is allowed or denied. In acting on the application, the Board of Supervisors
may, if adverse impacts or major problems are identified:
(b)
Require specific on- or off-site improvements as a condition
of approval.
(c)
Require a reduction of the intensity of use as a condition of
approval.
H. Conditional use applications shall be governed by the following:
(1)
The landowner shall make a written request to the Board of Supervisors
that it hold a hearing on his application. The request shall contain
a statement reasonably informing the Board of Supervisors of the matters
that are in issue.
(2)
The application shall be accompanied by plans and other material
describing the use or development proposed. Such plans and other materials
shall provide a sufficient basis for evaluating the applicant's request.
Information required by this chapter shall accompany the application.
(3)
The Board of Supervisors shall hold a hearing pursuant to public
notice upon the request, commencing not later than 60 days after the
request is filed, unless the applicant requests or consents in writing
to an extension of time. In addition, the Board shall render a written
decision within 45 days after the last hearing.
I. Administration. The Board of Supervisors shall conduct hearings and
make decisions in accordance with the procedures and standards set
forth in § 500-3111.
J. Fees. The applicant for any hearing on a conditional use request
before the Board of Supervisors shall at the time of making application
pay a fee in accordance with a fee schedule adopted by resolution
of the Board of Supervisors, or as such schedule may be amended from
time to time. In addition, an escrow deposit may be required, as established
by resolution of the Board of Supervisors.
Hearings pursuant to this chapter shall be held by the Zoning
Hearing Board in accordance with the following requirements.
A. Public notice shall be given and written notice shall be given to
the applicant, the Zoning Officer, such other persons as the Board
of Supervisors shall designate by ordinance 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 ordinance
or, in the absence of ordinance provision, by rules of the Zoning
Hearing 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 Board of Supervisors may prescribe reasonable fees by resolution
with respect to hearings before the Zoning Hearing Board. Fees for
said hearings may include compensation for the Secretary and members
of the Zoning Hearing Board, notice and advertising costs and necessary
administrative overhead connected with the hearing. The costs, however,
shall not include legal expenses of the Zoning Hearing Board, expenses
for engineering, architectural or other technical consultants or expert
witness costs.
C. 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.
D. The hearing shall be conducted by the Zoning Hearing Board, or the
Zoning Hearing 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 Zoning Hearing Board; however, the appellant or the
applicant, as the case may be, in addition to the municipality, may,
prior to the decision of the hearing, waive decisions or findings
by the Zoning Hearing Board and accept the decision or findings of
the hearing officer as final.
E. The parties to the hearing shall be the Township, any person affected
by the application who has made timely appearance of record before
the Zoning Hearing Board, and any other person, including civic or
community organizations, permitted to appear by the Zoning Hearing
Board. The Zoning Hearing Board shall have power to require that all
persons who wish to be considered parties enter appearance in writing
on forms provided by the Zoning Hearing Board for that purpose.
F. The Chairman or Acting Chairman of the Zoning Hearing 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.
G. 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.
H. Formal rules of evidence shall not apply, but irrelevant, immaterial
or unduly repetitious evidence may be excluded.
I. The Zoning Hearing Board or the hearing officer, as the case maybe,
shall keep a stenographic record of the proceedings. The appearance
fee for a stenographer shall be shared equally by the applicant and
the Zoning Hearing Board. The cost of the original transcript shall
be paid by the Zoning Hearing Board if the transcript is ordered by
the Zoning Hearing Board or hearing officer or shall be paid by the
person appealing from the decision of the Zoning Hearing 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.
J. The Zoning Hearing 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 where all parties have
opportunity to participate. The Zoning Hearing Board or the hearing
officer shall not take notice of any communication, report, staff
memorandum, or other materials, except advice from its solicitor,
unless all 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.
K. The Zoning Hearing 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 Zoning Hearing Board or hearing officer. Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons therefor. Conclusions based on the provisions of any act of the commonwealth or any ordinance, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in 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 Zoning Hearing Board shall make its report and recommendations available to the parties within 45 days, and the parties shall be entitled to make written representations thereon to the Zoning Hearing Board prior to the final decision or entry or findings, and the Zoning Hearing Board's decision shall be entered no later than 30 days after the report of the hearing officer. Where the Zoning Hearing Board fails to render its 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 Zoning Hearing Board to meet or render a decision as hereinabove provided, the Zoning Hearing Board shall give public notice of 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 Zoning Hearing 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.
L. 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 Zoning Hearing
Board not later than the last day of the hearing, the Zoning Hearing
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.
Appeals under § 500-3106A(1), (2), (3), (4) and (7)
of this chapter may be filed with the Zoning Hearing Board, in writing, by the landowner affected, any officer or agency of the Township, or any person aggrieved. Requests for a variance under §
500-3107 and for special exception under § 500-3108 of
this chapter may be filed with the Zoning Hearing Board by any landowner
or any tenant with the permission of such landowner.
All appeals from all land use decisions rendered pursuant to
this article shall be taken to the Court of Common Pleas of the judicial
district wherein the land is located and shall be filed within 30
days after entry of the decision or, in the case of a deemed decision,
within 30 days after the notice of said deemed decision is given as
set forth in § 500-3111K of this chapter.