There is hereby created a Zoning Hearing Board which shall consist of three residents of the Township who shall be appointed by resolution of the Board of Supervisors. Zoning Hearing Board members shall serve for three-year terms which shall be so fixed that the term of office of no more than one member shall expire each year. The Zoning Hearing Board shall promptly notify the Board of Supervisors of any vacancies which shall occur, and appointments to fill such vacancies shall be only for the unexpired portion of the term. Members of the Zoning Hearing Board shall hold no other office in the Township. Any member of the Zoning Hearing Board 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 the member has received 15 days' advance notice of the intent of the Board of Supervisors to take such a vote. A hearing shall be held in connection with the vote if the member shall request such hearing in writing. The Board of Supervisors may, in its discretion, appoint by resolution between one and three alternate members to the Zoning Hearing Board. Such alternative members shall have the right to participate in all hearings of the Zoning Hearing Board but shall be entitled to vote only as provided in Article IX of the MPC.[1] Whenever the term "Board" is used in this article, it
shall mean the Zoning Hearing Board.
[1]
Editor's Note: See 53 P.S. § 10901 et seq.
The Board shall elect from its 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 two members. If the Board of Supervisors has appointed alternate members to the Zoning Hearing Board, the Chairman of the Board may designate alternate members to participate and vote upon designated applications in accordance with the regulations contained in Article IX of the MPC.[1] The Board may also 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 the MPC. The
Board may make, alter, and rescind rules and forms for its procedure,
consistent with the ordinances of the Township and the 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 as requested
by the Board of Supervisors.
[1]
Editor's Note: See 53 P.S. § 10901 et seq.
The Zoning Hearing Board shall have the jurisdiction granted
by the MPC and shall have all duties and powers necessary for such
purpose. The Zoning Hearing Board shall exercise all of its powers
and perform all of its duties in accordance with the requirements
of the MPC. In addition, the Zoning Hearing Board shall consider applications
for special exceptions and variances as follows:
A.
Special exceptions. When special exceptions are provided for in this
chapter, the Board shall hear and decide requests for such special
exceptions in accordance with stated standards and criteria. 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 the MPC and this
chapter. The Board may grant approval of a special exception, provided
that the applicant complies with the following standards for special
exceptions and that the proposed special exception shall not be detrimental
to the health, safety or welfare of the neighborhood. The burden of
proof shall rest with the applicant.
(1)
The applicant shall establish by credible evidence compliance
with all conditions on the special exception enumerated in the section
which gives the applicant the right to seek the special exception.
(2)
The applicant shall establish by credible evidence that the
proposed special exception shall be properly serviced by all existing
public service systems. The peak traffic generated by the subject
of the application shall be accommodated in a safe and efficient manner
or improvements made in order to effect the same. Similar responsibilities
shall be assumed with respect to other public service systems, including
but not limited to police protection, fire protection, utilities,
parks and recreation.
(3)
The applicant shall establish by credible evidence that the
proposed special exception shall be in and of itself properly designed
with regard to internal circulation, parking, buffering, and all other
elements of proper design as specified in this chapter and any other
governing law or regulation.
(4)
The applicant shall provide the Board with sufficient plans,
studies or other data to demonstrate compliance with all applicable
regulations.
(5)
The proposed special exception shall not substantially injure
or detract from the use of neighboring property or from the character
of the neighborhood and the use of property adjacent to the area included
in the special exception application shall be adequately safeguarded.
(6)
The Board may attach such reasonable conditions and safeguards
as it may deem necessary to implement the purposes of and insure compliance
with the MPC and this chapter, which conditions may include plantings
and buffers, harmonious designs of buildings and the elimination of
noxious, offensive or hazardous elements.
(7)
Unless otherwise specified by the Board or by law, a special
exception, the subject of which does not require subdivision or land
development approval, shall expire if the applicant fails to obtain
a zoning permit within three months from the date of authorization
thereof by the Board or by the court if such special exception has
been granted after an appeal, or fails to complete any erection, construction,
reconstruction, alteration or change in use authorized by the special
exception approval within one year from the date of authorization
thereof by the Board, or by the court if such special exception has
been granted after an appeal. Unless otherwise specified by the Board
or by law, a special exception, the subject of which requires subdivision
or land development approval, shall expire if the applicant fails
to obtain a zoning permit within 18 months from the date of authorization
thereof by the Board or by the court if such special exception has
been granted after an appeal, or fails to complete any erection, construction,
reconstruction, alteration or change in use authorized by the special
exception approval within 30 months from the date of authorization
thereof by the Board, or by the court if such special exception has
been granted after an appeal. The Board, upon written application
and for reasonable cause shown may extend the approval for an additional
period of up to one year.
B.
Variances. The Board shall hear requests for variances where it is
alleged that the provisions of this chapter inflict unnecessary hardship
upon the applicant.
(1)
The Board may grant a variance, provided the following findings
are made where relevant in a given case. The burden of proof shall
rest with the applicant.
(a)
That there are unique physical circumstances or conditions,
including irregularity, narrowness, or shallowness of a 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 generally created by the provisions of this
chapter in the neighborhood of or district in which the property is
located.
(b)
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 necessary to enable the reasonable use of the property.
(c)
That such unnecessary hardship has not been created by the applicant.
(d)
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.
(e)
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.
(2)
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 Board shall require that adequate on-
or off-site water and sewage disposal facilities are available for
the use intended.
(3)
Unless otherwise specified by the Board or by law, a variance,
the subject of which does not require subdivision or land development
approval, shall expire if the applicant fails to obtain a zoning permit
within three months from the date of authorization thereof by the
Board or by the court if such variance has been granted after an appeal,
or fails to complete any erection, construction, reconstruction, alteration
or change in use authorized by the variance approval within one year
from the date of authorization thereof by the Board, or by the court
if such variance has been granted after an appeal. Unless otherwise
specified by the Board or by law, a variance, the subject of which
requires subdivision or land development approval, shall expire if
the applicant fails to obtain a zoning permit within 18 months from
the date of authorization thereof by the Board or by the court if
such special exception has been granted after an appeal, or fails
to complete any erection, construction, reconstruction, alteration
or change in use authorized by the variance approval within 30 months
from the date of authorization thereof by the Board, or by the court
if such variance has been granted after an appeal. The Board, upon
written application and for reasonable cause shown, may extend the
approval for an additional period of up to one year.
All applications for hearings before the Board shall be made
on forms adopted by the Board of Supervisors. No application shall
be considered complete until any required fees have been paid. No
application shall be complete until a site plan has been submitted.
All applications requesting approval to establish or expand a nonresidential
use or which concern a residential use containing 10 or more dwelling
units shall submit a plan drawn to a scale of not more than 100 feet
to the inch, which shall include all of the following:
A.
The location of all existing floodplains, watercourses, railroads,
areas of subsidence, wooded areas (marking all wooded areas to be
cleared), bridges, culverts, and other significant natural features
on the tract and within 200 feet of the tract.
B.
The location of all streets, adjoining tracts, and buildings within
200 feet of the tract.
C.
The location of all proposed land uses, including residential uses
by types.
D.
Size and intensity of use data, including the number of residential
or commercial lots, lot sizes, the number and types of dwelling units,
and the density per acre of each type of dwelling unit.
E.
The location and arrangement of all open spaces and yards, landscaping,
fences and buffer yards, including the methods and materials to be
employed for screening.
F.
The location, size (numbers shown), arrangement and capacity of all
areas to be used for motor vehicle access, off-street parking, off-street
loading and unloading, and provisions to be made for lighting such
areas.
G.
The dimensions (numbers shown), location and methods of exterior
lighting.
H.
The location and dimensions of sidewalks and all other common areas.
I.
If applicable, a description of any proposed industrial or commercial
operation in sufficient detail to indicate the effects of those operations
in producing noise, glare, air pollution, water pollution, fire hazards,
traffic congestion or other safety hazards.
J.
Provisions to be made for the treatment and disposal of sewage and
industrial wastes and for water supply.
K.
Site contours at two-foot intervals.
L.
All proposed site grading and drainage provisions and proposals.
M.
Zoning districts and applicable area, bulk, and yard requirements.
N.
Certification by the person who prepared the site plan.
O.
Certification of ownership and acknowledgment of plans signed by
owner and developer.
The Zoning Hearing Board shall conduct hearings and shall make decisions in accordance with the requirements of Article IX of the MPC.[1] The Zoning Hearing Board shall render decisions and provide notice of its decisions in accordance with the requirements of Article IX of the MPC.
[1]
Editor's Note: See 53 P.S. § 10901 et seq.
A.
Appeals from the denial of an application by the Zoning Officer or
from the issuance of a notice of violation and/or cease and desist
order shall be made within 30 days of the denial of said permit or
issuance of said notice of violation and/or cease and desist order.
B.
No person shall be allowed to file any proceeding with the Zoning
Hearing Board later than 30 days after any application for development,
preliminary or final, has been approved by the Board of Supervisors
or later than 30 days after a permit has been issued by the Zoning
Officer if such proceeding is designed to secure reversal or limit
the approval or the permit in any manner unless such person alleges
and proves that he had no notice or knowledge or reason to believe
that such approval has 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.
C.
No appeal shall be considered filed with the Board unless any applicable
filing fee has been paid.
Any party aggrieved by any decision of the Board may appeal
to the Court of Common Pleas of Lancaster County in the manner provided
by the laws of the Commonwealth of Pennsylvania and Article X-A of
the MPC.[1]
[1]
Editor's Note: See 53 P.S. § 11001-A et seq.
A.
Legislative intent. The consideration of multiple applications for
a single property at the same time creates substantial additional
administrative work for the Township staff and the volunteer members
of the Zoning Hearing Board. The Township staff must maintain multiple
files with differing time limits within which the Zoning Hearing Board
is required to schedule hearings and render decisions. The Township
staff and Zoning Hearing Board must also insure that each submission,
letter, or other document is properly included in the record of one
or more of the multiple application files, as appropriate. Documents
which cannot be easily reproduced, such as plans or documents which
are bulky must be cross-referenced. The Township incurs costs to store
plans and other documentation associated with an application, which
are increased by having to retain copies in each file and to cross-reference
each application. The costs to the Township which arise from multiple
applications at one time relating to a single property are greater
than the Township's costs to administer single applications for various
properties.
B.
Applications fee. In recognition of the increased cost to the Township
to process multiple applications for a single property, the application
fee as established by ordinance or resolution of the Board of Supervisors
shall be doubled for the second or subsequent application to the Zoning
Hearing Board under the following circumstances:
(1)
Where an applicant files an application for a property while
an application is pending before the Zoning Hearing Board for the
same property.
(2)
Where an applicant files an application for a special exception
to the Zoning Hearing Board under the same section of this chapter
within one year of the date of a final decision on an application
for a special exception under the same section of this chapter for
the same property.
C.
Number of applications which may be pending. No more than one application
for the same property shall be pending before the Zoning Hearing Board
at any time. If an applicant files a second or subsequent application
with the Zoning Hearing Board while an application for the same property
is pending, the Zoning Hearing Board shall schedule a hearing for
the second or subsequent application as required by the MPC and may
deny the second or subsequent application for violation of this section
unless that applicant has, in writing, withdrawn the application for
the property which was pending on the date the second or subsequent
application was filed.
D.
Reconsideration. After the Zoning Hearing Board has rendered a decision
or after a court of competent jurisdiction has rendered a final determination
upon an appeal from a decision of the Zoning Hearing Board on an application
for a special exception, the applicant, his successors and assigns
shall not be permitted to file an application for a special exception
under the same section of this chapter for a period of one year from
the date of the decision of the Zoning Hearing Board or order of the
court, whichever is later. Any reapplication for a special exception
under the same section of this chapter shall be considered a request
for a reconsideration of the Zoning Hearing Board's decision. The
Zoning Hearing Board does not have jurisdiction to reconsider a decision.
If an applicant files an application for such a reconsideration, whether
or not the applicant terms his application a request for reconsideration,
the Zoning Hearing Board shall schedule a hearing on an application
for reconsideration with the requirements of the MPC and may deny
the application for violation of this section and because the Zoning
Hearing Board does not have jurisdiction under the MPC Section 909.1(a).
Nothing contained herein shall prevent the Zoning Hearing Board from
denying an application for a special exception, application for a
variance, challenge to the validity of the chapter, or appeal from
determination of the Zoning Officer based upon res judicata, collateral
estoppel or other concepts of preclusion.
