A Zoning Hearing Board, consisting of three members appointed
by Borough Council for overlapping terms of three years each, 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 Borough and shall hold no other office in the Borough.
The Board shall elect a Chairman from its membership and, within
the limits of funds appropriated by the Borough Council, the Board
may employ or contract for secretaries, clerks, legal counsel, consultants
and other technical and clerical services.
A.
Hearings. The Board shall meet monthly to hear and consider all such
matters which shall properly come before it. All such meetings shall
be open to the public.
B.
Persons entitled to initiate action before the Board. Appeals from the Zoning Officer, pursuant to § 405-68A hereof, and proceedings to challenge an ordinance, under § 405-68B hereof, may be filed by any officer or agency of the Borough or by any person aggrieved. Requests for a variance, under § 405-68C, and for a special exception, under § 405-68D hereof, may be filed by any landowner or tenant with the permission of such landowner.
C.
Manner of initiating action before the Board. 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. No application
form shall be accepted unless:
E.
Notification of hearings. Notification of the time and place of all
hearings shall be given, by mail, to the applicant and to all persons
who own real estate within a two-hundred-foot radius of any property
which is the subject of an application. Notification shall be made
to the Penndel Borough Council and the Zoning Officer. Notice of the
hearing of any particular application shall also be given to any person
who shall timely request the same in writing. Notice of the time and
place of all hearings shall be given by publishing the same in a newspaper
of general circulation within the Borough. All notices shall comply
with the Pennsylvania Municipalities Planning Code.[1]
F.
Parties. Parties to any hearing shall be the municipality, any person entitled to notice under § 405-67E without special request therefor who has given timely appearance of record before the Board and any other person permitted to appear by the Board.
G.
Witnesses. 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.
H.
Representation. 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.
I.
Rules of evidence. Formal rules of evidence shall not apply, but
irrelevant, immaterial or unduly repetitious evidence may be excluded.
J.
Record. The Board shall keep a stenographic record of the proceedings
and a transcript of the proceedings, and copies of graphic or written
material received in evidence shall be made available to any party
at cost.
K.
Communications. 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.
L.
Decisions. 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.
M.
Copies of decisions.
(1)
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 the date of the decision.
(2)
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, a brief notice of the decision or findings
and a statement of the place at which the full decision or findings
may be examined.
N.
Appeals to the courts. Zoning appeals may be taken to the court by
any party before the Board or any officer or agency of the Borough,
as provided by law.
A.
Appeals from the Zoning Officer.
(1)
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 chapter or the Zoning Map.
(2)
Appeals to the Zoning Hearing Board may be taken by the landowner
affected, any officer or agency of the Borough, 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.
(3)
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 Officer
within 30 days after the date of the Zoning Officer's adverse decision.
(4)
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 § 405-64.
(5)
All appeals and applications shall refer to the specific provisions
of this chapter involved.
B.
Challenge to the validity of the ordinance or Map.
(1)
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 § 405-67J. 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.
(2)
Where the Board has jurisdiction over a zoning matter pursuant to § 405-68A, B or C, 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; provided, however, that the Board shall have no power to pass upon the nonzoning 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.
C.
Variances.
(1)
The Board shall hear requests for variances where it is alleged that
the provisions of the Zoning Ordinance 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:
(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 the Zoning Ordinance in the neighborhood or district 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 the Zoning Ordinance and that the authorization
of a variance is therefore necessary to enable the 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 neighborhood or district 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.
(e)
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.
(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 applicant shall have six months after the time
the variance was granted to obtain a building permit for any structure
for which the variance was required.
D.
Special exceptions.
(1)
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.
(2)
Upon review of any application for a special exception, the Zoning
Hearing Board shall consider and determine, among other things, that:
(a)
The proposed change is consistent with the spirit, purpose and
intent of the Zoning Ordinance.
(b)
The proposed special exception will not substantially injure
or detract from the use of the neighboring property or from the character
of the neighborhood.
(c)
All commercial and industrial parking, loading, access or service
areas shall 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.
(3)
In granting special exceptions, the Board may attach such reasonable
conditions and safeguards, in addition to those expressed in the chapter,
as it deems necessary to implement the purposes of this chapter.
(4)
In all applications for special exceptions, the applicant shall have
the burden of proving that his application falls within the provisions
of the Zoning Ordinance and that granting his application will not
be contrary to the public interest.
(5)
The applicant shall have six months 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.
E.
Interpretation. Upon appeal from a decision by the Zoning Officer,
the Zoning Hearing Board shall decide any question:
(1)
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.
(2)
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.
F.
Court appeals. Any person aggrieved by any decision of the Zoning
Hearing Board of the Borough 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. Such appeals shall be
made in accordance with Article X-A of the Pennsylvania Municipalities
Planning Code.[1]
[1]
Editor's Note: See § 53 P.S. § 11001-A
et seq.
[Added 4-7-2008 by Ord. No. 2008-2]
A.
Where the Council in this chapter has stated conditional uses to
be granted or denied by Council pursuant to express standards and
criteria, the Council shall hold hearings on and decide requests for
such conditional uses in accordance with such standards and criteria.
In granting a conditional use, Council 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.
B.
General requirements and standards applicable to all conditional
uses. Council shall grant a conditional use only if it finds adequate
evidence that any proposed use submitted for a conditional use will
meet all of the following general requirements as well as any specific
requirements and standards listed for the proposed use. The Council
shall, among other things, require that any proposed use and location
be:
(1)
In accordance with the Penndel Borough Comprehensive Plan and consistent
with the spirit, intent and purposes of this chapter.
(2)
In the best interests of the Borough, the convenience of the community,
and the public welfare.
(3)
Suitable for the property in question and designed, constructed,
operated and maintained so as to be in harmony with and appropriate
in appearance with the existing or intended character of the general
vicinity.
(4)
In conformance with all applicable requirements of this chapter.
C.
Applications for a conditional use.
(1)
Applications for conditional uses shall include a zoning permit application
with all information required herein and a statement with any supporting
evidence regarding the merits of the proposed use at the proposed
location and how the proposal complies with the general and specific
requirements of this chapter.
(2)
Subsequent to the granting of a conditional use, applicant must obtain
a zoning permit within 30 days. If application is not made within
this time period, such conditional use shall be considered null and
void. The Council may impose whatever conditions regarding layout,
circulation and performance it deems necessary to ensure that any
proposed development will secure substantially the objectives of this
chapter.
