[Amended 6-21-2021 by Ord. No. 2021-09]
A.
A Zoning
Hearing Board consisting of five members, appointed by the Township
Supervisors for terms of five years each, staggered so that the term
of one member expires each year, is established for the purpose of
carrying out the functions of a Zoning Hearing Board as provided by
law. Members of the Board shall be residents of the Township and shall
hold no other office in the Township.
B.
The Board
of Supervisors may appoint by resolution at least one but no more
than three residents of Falls Township to serve as alternate members
of the Zoning Hearing Board. The term of office of an alternate member
shall be three years. Alternates shall hold no other elected or appointed
office in Falls Township, including service as a member of the Planning
Commission or as a Zoning Officer, nor shall any alternate be an employee
of Falls Township. Any alternate may participate in any proceeding
or discussion of the Zoning Hearing Board but shall not be entitled
to vote as a member of the Zoning Hearing Board nor be compensated
unless designated as a voting alternate member by the Chair of the
Zoning Hearing Board in order to reach a quorum. Any alternate member
of the Zoning Hearing Board shall continue to serve on the Zoning
Hearing Board in all proceedings involving the matter or case for
which the alternate was initially appointed until the Zoning Hearing
Board has made a final decision on the matter or case. Designation
of an alternate pursuant to this section shall be made on a case-by-case
basis in rotation according to declining seniority among all alternates.
The Board shall elect a Chairman from its membership. The Township
Supervisors may employ or contract for secretaries, clerks, legal
counsel, consultants and other technical and clerical services required
by the Zoning Hearing Board.
The Board shall meet monthly or as necessary to hear and consider
all such matters which shall properly come before it. All meetings
shall be open to the public.
Appeals from the Zoning Officer pursuant to § 209-75 hereof and proceedings to challenge an ordinance under § 209-76 hereof may be filed by any officer or agency of the Township or by any person aggrieved. Requests for a variance under § 209-77 and for a special exception under § 209-78 may be filed by any landowner, equitable owner or tenant with the permission of such landowner.
All action before the Board shall be initiated by a written application for hearing which shall be filed with the Zoning Officer at least three weeks prior to the meeting at which the particular matter is to be heard. All applications shall be made on forms specified by the Board, and no application form shall be accepted unless the same shall be fully and legibly completed and unless all exhibits and supplemental material required by the application shall be attached (and until all fees required under § 209-58 shall have been paid).
[Amended 6-18-2019 by Ord. No. 2019-02]
A.
Upon the
filing with the Board of an appeal or of an application for any matter
within its jurisdiction, the Board shall fix a reasonable time and
place for a public hearing thereon, and shall:
(2)
Mail
notice thereof to every resident or association of residents of the
Township who shall have registered, in writing, their names and addresses
for this purpose with the Zoning Hearing Board or the Township Manager
on or after January 1 of the calendar year when said public hearing
is held but prior to the conclusion of any such public hearing. Any
such registration of name(s) effected prior to January 1 of any calendar
year in which a public hearing is held by the Zoning Hearing Board
will not be recognized as a registration for the purpose of this section.
(3)
Mail
notice thereof to the owner or owners, if their residence is known,
or to the occupier or occupiers of every lot abutting the lot that
is the subject of the application.
B.
Notices
herein required shall state the location of the building or Jot and
the general nature of the question involved.
C.
The notice required in Subsection A(3) herein, for an application involving a nonresidential use or an application involving a nonresidential zoning district, shall be mailed by the applicant. For an application involving a residential use or a residential zoning district, the notice shall be mailed by the Township.
The parties to the hearing shall be the municipality, any person
affected by the application who has made timely appearance of record
before the Board and any other aggrieved person, as permitted by the
Municipalities Planning Code. 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.
The Chairman or Acting Chairman of the Board shall have the
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.
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.
Formal rules of evidence shall not apply, but irrelevant, immaterial
or unduly repetitious evidence may be excluded.
The Board shall keep a stenographic record of the proceeding,
and transcript of the proceedings and copies of graphic or written
material received in evidence shall be made available to any party
at cost.
The Board shall not communicate, directly or indirectly, with
any party or his representative 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 after the commencement of hearings with any party
or his representative unless all parties are given an opportunity
to be present. "Board" as used herein shall include not only the members
but also any secretary, clerk, legal counsel or consultant of the
Board.
The Board shall render a written decision or, when no decision
is called for, make written findings on an application within 45 days
of the last hearing thereon. Each decision shall be accompanied by
findings of fact and conclusions based thereon, together with the
reasons therefor. Conclusions based on any provisions of any statute,
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. Where the Board has power to render a
decision and fails to do so within the forty-five-day period above
prescribed, the decision shall be deemed to have been rendered in
favor of the applicant, unless the applicant agrees in writing to
extend the period allowed for decision.
A copy of the final decision or, when 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 names and addresses 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.
Zoning appeals may be taken to court by any party before the
Board or any officer or agency of the Township, as provided by law.
A.
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 the
Zoning Ordinance or Map.
B.
Appeals to the Zoning Hearing Board may be taken by the landowner
affected, any officer or agency of the Township or any person aggrieved
by any decision of the Zoning Officer. These appeals must be filed
within 30 days of the date the decision is rendered by the Zoning
Officer.
C.
Any appeal from the ruling of the Zoning Officer concerning the enforcement
and interpretation of the provisions of this chapter, including any
order to stop, cease and desist, shall be filed with the Zoning Hearing
Board within 30 days after the date of the Zoning Officer's adverse
decision.
D.
All appeals and applications made to the Board shall be in writing on standard forms prescribed by the Zoning Hearing Board and accompanied by fees required under § 209-58.
E.
All appeals and applications shall refer to the specific provisions
of this chapter involved.
A.
The Board shall hear challenges to the validity of the Zoning Ordinance and Map. In all such challenges, the Board shall take evidence and make a record thereon as provided in § 209-70. At the conclusion of the hearing, the Board shall decide all contested questions and shall make findings on all relevant issues of fact, which shall become part of the record on appeal to court.
B.
Where the Board has jurisdiction over a zoning matter pursuant to § 209-75, 209-76 or 209-77, the Board shall also hear all appeals which an applicant may elect to bring before it with respect to any municipal ordinance or requirement pertaining to the same development plan or development. However, the Board shall have no power to pass upon the non-zoning issues, but shall take evidence and make findings on all relevant issues of fact, which shall become part of the record on appeal to the court.
A.
The Board shall hear requests for variances where it is alleged that
the provisions of this chapter inflict unnecessary hardship upon the
appellant. The Board may grant a variance, provided that 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 for any use permitted
within the district or districts or in accordance with the provisions
related to the district in which the property is located, 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 appellant.
(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 at issue.
(6)
That the variance will not be contrary to the public health, safety,
morals and general welfare.
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. The applicant shall have one year after the time
the variance was granted to obtain a building permit for any structure
for which the variance was required. The time shall be computed from
the date that the decision is rendered in writing.
A.
Where this chapter has provided for stated special exceptions to
be granted or denied by the Zoning Hearing Board pursuant to expressed
standards and criteria, the Zoning Hearing Board shall hear and decide
requests for such special exceptions in accordance with such standards
and criteria.
B.
Upon review of any application for a special exception, the Zoning
Hearing Board shall consider and determine, among other things:
(1)
That the proposed change is consistent with the spirit, purpose and
intent of this chapter.
(2)
That the proposed special exception will not substantially injure
or detract from the use of the neighboring property or from the character
of the neighborhood.
(4)
That the proposed special exception will not be contrary to the public
health, safety, morals and general welfare.
C.
In granting special exceptions, the Board may attach such reasonable
conditions and safeguards, in addition to those expressed in this
chapter, as it deems necessary to implement the purposes of this chapter.
D.
In all applications for special exceptions, the applicant shall have
the burden of proving that his application falls within the provisions
of this chapter and that granting his application will not be contrary
to the public interest.
E.
The applicant shall have one year after the time that the special
exception is granted in which to obtain a building permit for any
structure for which the special exception was required. The time shall
be computed from the date that the decision is rendered in writing.
Upon appeal from a decision by the Zoning Officer, the Zoning
Hearing Board shall decide any question:
A.
Involving the interpretation of any provision of this chapter, including
determination of the exact location of any district boundary if there
is uncertainty with respect thereto.
B.
Where it is alleged there is an error in any order, requirement,
decision or determination, including any order requiring an alleged
violation to stop, cease and desist, made by the Zoning Officer in
the enforcement of this chapter.
Any person aggrieved by any decision of the Zoning Hearing Board
of the municipality may, within 30 days after such decision of the
Board, appeal to the Court of Common Pleas of Bucks County, by petition
duly verified, setting forth that such decision is arbitrary, capricious,
an abuse of discretion or not in accordance with law, and specify
the grounds upon which he relies. The appellant shall give immediate
notice of appeal to the Board of Supervisors. Such appeals shall be
made in accordance with Article X-A of the Pennsylvania Municipalities
Planning Code.
