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 Board of Supervisors, for the performance of their duties when designated as alternate members pursuant to §
180-116, but in no case shall such compensation exceed the rate of compensation authorized to be paid to the members by the Board of Supervisors.
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 Board of Supervisors pursuant to §
180-127C of this chapter.
(1)
If a challenge heard by the Zoning Hearing Board
is found to have merit, the decision of the Zoning Hearing Board shall
include recommended amendments to the challenged ordinance which will
cure the defects found. In reaching a decision, the Zoning Hearing
Board shall consider the amendments, plans, and explanatory material
submitted by the landowner and shall also consider:
(a)
The impact of the proposal upon roads, sewer
facilities, water supplies, schools, and other public service facilities;
(b)
If the proposal is for a residential use, the
impact of the proposal upon regional housing needs and the effectiveness
of the proposal in providing housing units of a type actually available
to and affordable by classes of persons otherwise unlawfully excluded
by the challenged provisions of the ordinance or Zoning Map;
(c)
The suitability of the site for the intensity
of use proposed by the site's soils, slopes, woodlands, wetlands,
floodplains, aquifers, natural resources, and other natural features;
(d)
The impact of the proposed use on the site's
soils, slopes, woodlands, wetlands, floodplains, natural resources,
and natural features, the degree to which each of these are protected
or destroyed, the tolerance of the resources to development, and any
adverse impacts; and
(e)
The impact of the proposal on the preservation
of agriculture and other land uses which are essential to public health
and welfare.
(2)
Public notice of the hearing shall be provided as specified in the definition of "public notice" in §
180-15 of this chapter.
(3)
The Zoning Hearing Board shall commence its
hearings within 60 days after the request is filed, unless the landowner
requests or consents to an extension of time.
(4)
The Zoning Hearing Board shall render its decision
within 45 days after the conclusion of the last hearing. If the Board
fails to act on the landowner's request within this time limit, an
approval of the request is deemed to have occurred on the 46th day
after the close of the last hearing.
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.
(1)
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; and
(2)
A landowner shall not submit any additional
substantive challenges to the Zoning Hearing Board involving the same
parcel, group of parcels or part thereof until such time as the status
of the landowner's original challenge has been finally determined
or withdrawn; provided, however, that if after the date of the landowner's
original challenge the municipality adopts a substantially new or
different zoning ordinance or zoning map, the landowner may file a
second substantive challenge to the new or different zoning ordinance
or zoning map.
C. Special exceptions, as provided for in this chapter
and subject to all applicable requirements, including but not limited
to:
(1)
Advisory report. No application for a special
exception shall be granted by the Zoning Hearing Board until the Zoning
Hearing Board has first received and considered an advisory report
thereon from the Township Planning Commission with respect to the
location of such use in relation to the needs and growth pattern of
the Township and, where appropriate, with reference to the adequacy
of the site area and arrangement of buildings, driveways, parking
areas, off-street truck loading spaces, and other pertinent features
of the site plan. The Planning Commission shall have 30 days from
the date of its receipt of the application within which to file its
report thereon. The Planning Commission may have representation at
the public hearing held by the Zoning Hearing Board on such application.
(2)
Filing requirements. In addition to the required zoning permit information (see §
180-125B and
C) each special exception application shall include the following:
(a)
A written description of the proposed use in
sufficient detail to demonstrate compliance with all applicable provisions
of this chapter; and
(b)
Such other materials as may be necessary, in the sole opinion of the Zoning Hearing Board, to demonstrate compliance with the specific criteria of Article
V of this chapter.
(3)
General criteria. Each applicant must demonstrate
compliance with the following:
(a)
The proposed use shall be consistent with the
purpose and intent of this chapter;
(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 a floodplain, the application complies with the requirements of Chapter
83, Floodplain Management;
(f)
The proposed use shall comply with those criteria specifically listed in Article
V 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.
(4)
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 shall be subject to the penalties described in Article
VIII.
(5)
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 another special exception approval to be obtained.
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.
(1)
The Board may grant a variance, provided that
all of the following findings are made where relevant in a given case:
(a)
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 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.
(b)
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 the authorization
of a variance is, therefore, necessary to enable reasonable use of
the property.
(c)
Such unnecessary hardship has not been created
by the appellant.
(d)
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, nor be detrimental to the
public welfare.
(e)
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.
(f)
Variances within the floodplain shall comply with Chapter
83, Floodplain Management.
(2)
Filing requirements. In addition to the required zoning permit information (see §
180-125B and
C of this chapter), each variance application shall include the following:
(a)
Floor plans and elevations of existing and/or
proposed structures;
(b)
Names and addresses 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; and
(d)
A written description of the proposed use in
sufficient detail to demonstrate compliance with all applicable provisions
of this chapter.
(3)
Conditions. The Zoning Hearing Board, in approving variance applications, may attach conditions considered necessary to protect the public welfare, the purposes of this chapter, 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
VIII.
(4)
Site plan approval. Any site plan presented
in support of a variance shall become an official part of the record
for said variance. Approval of any variance will also bind the use
in accordance with the submitted site plan.
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 the Township Engineer or the Zoning Officer with reference to the administration of any provision contained within Chapter
83, Floodplain Management.
G. Appeals from the Zoning Officer's determination under § 916.2
(and any subsequent amendment) of the Act.
H. Appeals from the determination of the Zoning Officer or Township 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 as regulated in Article
V of the Act.
Appeals under §
180-119E,
F,
G and
H and proceedings to challenge this chapter under §
180-119A and
B may be filed with the Board in writing by the landowner affected, any officer or agency of the Township, or any person aggrieved. Requests for variances under §
180-119D and for special exceptions under §
180-119C may be filed with the Board by any landowner or any tenant with the permission of such landowner. Any appeal shall state:
A. The name and address of the appellant and applicant;
B. The name and address of the landowner of the real
estate to be affected;
C. A brief description and location of the real estate
to be affected by such proposed change, together with a plot plan
drawn to scale with sufficient clarity to show the nature and character
of the request;
D. A statement of the present zoning classification of
the real estate in question, the improvements thereon, and the present
use thereof; and
E. A statement of the section of this chapter under which
the request may be allowed and reasons why it should or should not
be granted.
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 Act, as amended.