The membership of the Board shall, upon the determination of the
Board of Supervisors, consist of either three or five residents of
the Township appointed by resolution of the Board of Supervisors.
The terms of office of a three-member board shall be three years and
shall be so fixed that the term of office of one member shall expire
each year. The terms of office of a five-member board shall be five
years and shall be so fixed that the term of office of one member
shall expire each year. If a three-member board is changed to a five-member
board, the members of the existing three-member board shall continue
in office until their term of office expires under prior law. The
Board of Supervisors shall appoint two additional members to the Zoning
Hearing Board with terms scheduled to expire in accordance with the
provisions of this subsection. The Zoning Hearing Board shall promptly
notify the Board of Supervisors of any vacancies that occur. Appointments
to fill vacancies shall be only for the unexpired portion of the term.
Members of the Board shall hold no other office in the Township.
The Board of Supervisors may appoint by resolution at least one but no more than three residents of the Township to serve as alternate members of the Zoning Hearing Board. The term of office of an alternate member shall be three years. When seated pursuant to the provisions of Subsection B, an alternate shall be entitled to participate in all proceedings and discussions of the Board to the same and full extent as provided by law for Board members, including specifically the right to cast a vote as a voting member during the proceedings, and shall have all the powers and duties set forth in this section and as otherwise provided by law. Alternates shall hold no other office in the Township. Any alternate may participate in any proceeding or discussion of the Board but shall not be entitled to vote as a member of the Board or be compensated pursuant to Section 907 of the Pennsylvania Municipalities Planning Code, Act 247, as amended,[1] unless designated as a voting alternate member pursuant to Subsection B.
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 § 133-52.
If, by reason of absence or disqualification of a member, a quorum
is not reached, the Chairman of the Board shall designate as many
alternate members of the Board to sit on the Board as may be needed
to provide a quorum. Any alternate member of the Board shall continue
to serve on the Board in all proceedings involving the matter or case
for which the alternate was initially appointed until the Board has
made a final determination of the matter or case. Designation of an
alternate pursuant to this subsection shall be made on a case-by-case
basis in rotation according to declining seniority among all alternates.
The Board may make, alter, and rescind rules and forms for its procedure,
consistent with ordinances of Jackson Township and laws of the commonwealth.
The Board shall keep full public records of its business, which records
shall be the property of the Township, and shall submit a report of
its activities to the Board of Supervisors once a year.
Substantive challenges to the validity of any land use ordinance,
except those brought before the Board of Supervisors pursuant to Sections
609.1 and 916.1(a)(2) of the Pennsylvania Municipalities Planning
Code, Act 247, as amended.[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 chapter.
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.
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 provision within a land use ordinance.
Applications for variances from the terms of this chapter and the
flood hazard ordinance[3] or such provisions within a land use ordinance, pursuant to § 133-53.
Applications for special exceptions under this chapter or the floodplain
or flood hazard ordinance[4] or such provision within a land use ordinance, pursuant to § 133-54.
Appeals from the determination of any officer or agency charged with
the administration of any transfers of development rights or performance
density provision of this chapter.
Appeals from the Zoning Officer's determination under Section 916.2,
Procedure to Obtain Preliminary Opinion, of the Pennsylvania Municipalities
Planning Code, Act 247, as reenacted and amended.[5]
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 is related to development not involving
subdivision and land development or planned residential development
applications.
Board calendar. Each application or appeal filed in the proper form
with the required data must be numbered serially and be placed upon
the calendar of the Board by the Zoning Officer. Applications and
appeals must be assigned for hearing in the order in which they appear
on the calendar. However, for good reason, the Board may order the
advance of the application or appeal. A hearing must 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.
Public written notice shall be given to the applicant, the Zoning
Officer, to each property owner within 200 feet of the property involved,
and to any person who, at least two weeks prior to the scheduled hearing,
has made 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 provisions, by rules of the Board. In addition
to the written notice provided herein, written notice of the hearing
shall be conspicuously posted on the affected tract of land at least
one week prior to the hearing.
The Board of Supervisors may prescribe reasonable fees with respect
to hearings before the Zoning Hearing Board. Fees for said hearings
may include 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.
The first hearing before the Board or hearing officer shall commence
within 60 days from the date of receipt of the applicant's application,
unless the applicant has agreed, in writing, to an extension of time.
Each subsequent hearing before the Board or hearing officer shall
be held within 45 days of the prior hearing, unless otherwise agreed
to by the applicant in writing or on the record. An applicant shall
complete the presentation of his case-in-chief within 100 days of
the first hearing. Upon the request of the applicant, the Board or
hearing officer shall ensure that the applicant receives at least
seven hours of hearings within the 100 days, including the first hearing.
Persons opposed to the application shall complete the presentation
of their opposition to the application within 100 days of the first
hearing held after the completion of the applicant's case-in-chief.
An applicant may, upon request, be granted additional hearings to
complete the case-in-chief, provided that the persons opposed to the
application are granted an equal number of additional hearings. Persons
opposed to the application may, upon the written consent or consent
on the record by the applicant and Township, be granted additional
hearings to complete their opposition to the application, provided
that the applicant is granted an equal number of additional hearings
for rebuttal.
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, may, prior to the decision of the hearing, waive decision
or findings by the Board and accept the decision of the hearing officer
as final. Formal rules of evidence shall not apply, but irrelevant,
immaterial, or unduly repetitious evidence may be excluded.
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 the
Board's Solicitor, unless the parties are afforded an opportunity
to contest the material so noticed; and shall not inspect the site
or its surroundings with any party or his representative unless all
parties are given an opportunity to be present.
Representation; statements. Parties to the hearings shall be the
Township, 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 the 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 parties shall have the right to be represented by counsel and
be afforded the opportunity to respond and present evidence and argument
and cross-examine adverse witnesses on all relevant issues.
Witnesses. The Chairman or Acting Chairman of the Board or the hearing
officer presiding 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 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 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 any provisions of this chapter or of 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 Board shall make its report and recommendations available
to the parties within 45 days, the parties shall be entitled to make
written representations thereon to the Board prior to the 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. Except
for challenges filed under Section 916.1 of the Pennsylvania Municipalities
Planning Code,[1] where the Board fails to render the decision within the period required by this subsection or fails to commence, conduct, or complete the required hearing as provided in § 133-52A of this chapter, 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 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. Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.
A copy of the final decision of the findings shall be delivered to
the applicant personally or mailed to him or her, even if no decision
is called for, not later than the day following the date of the decision.
A copy of said decision shall also be delivered or mailed to the Township
Zoning Officer in the same manner as noted for the applicant. 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.
Whenever the Board imposes a condition or conditions with respect
to the granting of an application or appeal, this condition must be
stated in the order of the Board and in the permit issued pursuant
to the order by the Zoning Officer. This permit remains valid only
as long as the condition or conditions upon which it was granted or
the conditions imposed by this chapter are adhered to.
Records. 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.
An application may be made to the Zoning Hearing Board for a variance
where it is alleged that the provisions of this chapter inflict unnecessary
hardship upon the applicant. The application must be made on a form
provided for that purpose by the Zoning Officer. It must be filed
with the Board and copies given to the Zoning Officer and Township
Planning Commission. The applicant must provide all the information
requested on the form, together with any other information and data
that may be required to advise the Board of the variance, whether
such information is called for by the official form or not.
Unless otherwise specified or extended by the Board, a variance authorized
by it expires if the applicant fails to obtain a building permit or
use certificate within six months from the date of the decision authorizing
the variance.
Standards for variance. Where there is unnecessary hardship, the
Board may grant a variance in the application of the provisions of
this chapter, provided that the following findings are made:
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 zone in which the property
is located.
Because of such physical circumstances or conditions, no possibility
exists 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.
The variance, if authorized, will not alter the essential character
of the neighborhood or zone in which the property is located or substantially
or permanently impair the appropriate use or development of adjacent
property or be detrimental to the public welfare.
The variance, if authorized, will represent the minimum variance
that will afford relief and represent the least modification possible
of the regulation in issue.
Conditions. 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.
For any use permitted by special exception, a special exception must
be obtained from the Zoning Hearing Board. In addition to the information
required on the building permit application, the special exception
application must show:
Unless otherwise specified or extended by the Zoning Hearing Board,
a special exception authorized by the Board expires if the applicant
fails to obtain, where required to do so, a building permit or use
certificate within six months of the date of the authorization of
the special exception.
Temporary special exceptions. A temporary special exception must
be obtained from the Zoning Hearing Board for any nonconformity that
is, or will be, seasonal or temporary.
The Zoning Hearing Board may grant a temporary special exception
for a nonconforming use or structure, existing or new, that is beneficial
to the public health or general welfare or necessary to promote the
proper development of the community and is seasonal in nature.
The temporary special exception may be issued for a period not exceeding
one year and may be renewed for an aggregate period not exceeding
three years. The nonconforming structure or use must be completely
removed upon the expiration of the special exception, without cost
to the Township.
Conditions. The Zoning Hearing Board, in passing upon special exception
applications, may attach conditions considered necessary to protect
the public welfare and the Comprehensive Plan, including conditions
that are more restrictive than those established for other uses in
the same zone.
Application of extent-of-use regulations. The extent-of-use regulations
as set forth in this chapter must be followed by the Zoning Hearing
Board. Where no extent-of-use regulations are set forth for the particular
use, the Board must impose extent-of-use requirements as necessary
to protect the public welfare and the Comprehensive Plan.
The Zoning Hearing Board may issue, upon application, only such special
exceptions that the Board, by the provisions of this chapter, is specifically
authorized to issue. The granting of a special exception when specifically
authorized by the terms of this chapter shall be subject to the following
standards and criteria. The applicant for a special exception shall
demonstrate, as a condition to approval of his or her application,
compliance with these criteria and those criteria specified elsewhere
in this chapter for the use in question.
Such use shall be one that is specifically authorized as a use by
special exception in the zoning district wherein the applicant seeks
a special exception. The use shall meet all applicable regulations
of this chapter.
Such use shall not adversely affect the character of the general
neighborhood, the conservation of property values, the health and
safety of residents or workers on adjacent properties and in the general
neighborhood, or the reasonable use of neighboring properties. The
use of adjacent properties shall be adequately safeguarded.
Such use shall be of such size and so located and laid out in relation
to its access streets that vehicular and pedestrian traffic to and
from such use will not create undue congestion or hazards prejudicial
to the general neighborhood. The surrounding streets shall be sufficient
to accommodate any expected increase in traffic generated by the proposed
use.
Services and utilities, such as water supply, sewage disposal, and
stormwater drainage, shall be made available to adequately service
the proposed use by the applicant.
There shall be control of the development of highway frontage so
as to limit the number of points for ingress and egress and consider
their location with due regard for safety factors.
Consideration shall be given to the desirability of the proposed
location of an industrial or commercial use with respect to probable
effects upon street or highway traffic and assurance of adequate access
arrangements to protect against undue traffic congestion and hazard.
Consideration shall be given to such other considerations as may
be set forth in the Pennsylvania Municipalities Planning Code, as
amended, from time to time.
The proposed use shall not have an adverse effect upon the logical
and economic extension of public services and facilities, such as
public water, sewer, police and fire protection, and public schools.
The proposed use does not impair the achievement of any Township
Comprehensive Plan. In granting a special exception, the 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, as amended, which conditions may include but are not limited
to harmonious design of buildings, planting and maintenance of shrubbery
or trees as a sight or sound barrier, and the minimizing of potentially
noxious, offensive, or hazardous elements.
The Zoning Hearing Board shall exercise any other power specifically
granted to the Board under the terms of this chapter or the Pennsylvania
Municipalities Planning Code, as amended.
The applicant for a special exception shall have the burden of proof,
which shall include the burden of going forward with the evidence,
and the burden of persuasion on all questions of fact which are to
be determined by the Zoning Hearing Board.
Special standards. In addition to the general standards for all special exceptions as contained in § 133-54F, the specific standards for particular uses as listed in Article VI must be met prior to the granting of a special exception.
The Board shall act in accordance with the procedures specified by
the Pennsylvania Municipalities Planning Code, as amended,[1] and by this chapter. All appeals and applications made
to the Board shall be in writing, on forms prescribed by the Board.
Every appeal or application shall refer to the specific provision
of this chapter involved and shall exactly set forth the interpretation
that is claimed, the grounds for any challenges to the validity of
this chapter, the use for which a special exception is sought, or
the details of the variance that is applied for, and the grounds on
which it is claimed that the variance should be granted, as the case
may be. All appeals and any stay of proceedings shall be in accordance
with the Pennsylvania Municipalities Planning Code, as amended.
Applications and appeals, together with the required filing fee as
established by the Township Supervisors, shall be submitted to the
Zoning Officer. As a minimum, all material required for a proposed
use permit shall be submitted with the application. The applicant
shall also submit a description of the operations proposed in sufficient
detail to indicate the effects of those operations proposed in producing
traffic congestion, noise, glare, water pollution, fire hazards, safety
hazards, or other potentially harmful activities.
The Zoning Officer shall forward a copy of any application for
a special exception or variance to the Township Board of Supervisors
prior to the hearing held by the Zoning Hearing Board on such application.