A.
The Board of Commissioners shall appoint by resolution five residents
of the Township, none of whom shall hold any other office in the Township,
to serve as the Zoning Hearing Board of the Township, each member
serving a term of not more than five years in length, with the terms
staggered so that the term of office of one member shall expire each
year. A member of the Zoning Hearing Board may be reappointed to successive
terms.
B.
The Board of Commissioners may appoint by resolution at least one
but no more than three residents of the Township, none of whom shall
hold any other office in the Township, to serve as alternate members
of the Board. The term of office of an alternate member shall be three
years.
C.
When seated pursuant to § 350-244 hereof 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 chapter and as otherwise provided by law. In addition, 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 nor be compensated unless designated as a voting alternate member pursuant to § 350-244 hereof.
The Board shall have the following powers:
A.
To hear and decide appeals where it is alleged that the Zoning Officer
of the Township has misinterpreted or misapplied any provisions of
this chapter or has failed to follow prescribed procedures.
B.
To hear and decide appeals as to the validity of this chapter and
the Map, except as provided in Section 1003 and subsection (1)(b)
of Section 1004 of the Municipalities Planning Code.[1]
[1]
Editor's Note: Sections 1003 and 1004 of the Municipalities
Planning Code were repealed 1988, Dec. 21, by P.L. 1329, No. 170,
§ 100; for subject matter of those repealed sections, see now
53 P.S. §§ 11002-A and 10916.1, respectively.
C.
To authorize, upon appeal in specific cases, a variance from the
term of this chapter, as provided under Section 912 of the Municipalities
Planning Code.[2]
[2]
Editor's Note: Section 912 of the Municipalities Planning
Code, which related to the functions of the zoning hearing board in
regard to requests for variances, was repealed 1988, Dec. 21, P.L.
1329, No. 170, § 90; for subject matter of repealed section,
see now 53 P.S. § 10910.2.
D.
To interpret the meaning of any restrictions, conditions or provisions
imposed when granting an exception or variance to this chapter.
A.
An applicant for a special exception shall have the burden of establishing
that the application complies with the express standards and criteria
of the Zoning Code authorizing a Special Exception, and that the application
will not be contrary to the public health, safety and welfare.
B.
An applicant for a variance shall have the burden of establishing
that the provisions of the Zoning Code inflict unnecessary hardship
upon the applicant as provided by the Municipalities Planning Code,
and that the application will not be contrary to the public health,
safety and welfare.
C.
In determining whether the allowance of a special exception or a
variance is contrary to the public health, safety and welfare, the
Zoning Hearing Board shall consider whether the application, if granted,
will:
(1)
Be detrimental to appropriate use of adjacent property.
(2)
Cause undue congestion or danger to pedestrian or vehicular
traffic.
(3)
Endanger the safety of persons or property by location or design
of facilities for ingress or egress.
(4)
Increase the danger of fire or otherwise endanger the public
safety.
(5)
Overcrowd the land or create an undue concentration of population,
or otherwise be contrary to the Township Comprehensive Plan or sound
land use planning principles.
(6)
Impair an adequate supply of light and air to adjacent property.
(7)
Adversely affect transportation or unduly burden water, sewer,
school, park or other public facilities, or be contrary to the preservation
and conservation of natural resources.
(8)
Adversely affect the public health, morals, safety or general
welfare.
(9)
Be contrary to the spirit, intent and purpose of this chapter.
A.
Hearings of the Board shall be held at the call of the Chairman and
at such times as the Board may determine. 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 as voting members 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 section shall be made on a case-by-case basis in rotation
according to declining seniority among all alternates.
B.
All hearings conducted by the Board shall be open to the public.
A continuance of a hearing may be granted by the Board upon cause
shown, provided that the applicant shall pay the required continuance
fee. No continuance shall be granted if the result would be that the
first hearing on the matter shall be held on a date more than 90 days
beyond the case's original hearing date.
The Board shall adopt rules of procedure as to the manner of
filing applications for special exceptions or for variance from the
terms of this chapter.
In exercising the above-mentioned powers, the Board may affirm,
reverse or modify the order, decisions or determination appealed from
and may make such order, decision or determination as ought to be
made and, to that end, shall have all the powers of the officer from
whom the appeal is taken.
Upon the filing of an appeal or application to the Zoning Hearing
Board, the Board shall fix a reasonable time and place for a public
hearing thereon and shall give notice, with all notices required hereunder
stating the date, time and place of any hearing and the particular
nature of the matter to be considered at the hearing, as follows:
A.
Public notice by publishing a notice of the hearing once a week for
two successive weeks, and not less than seven days prior to the hearing
date, in a newspaper of general circulation in the Township.
B.
Written notice shall be given to the applicant at the address set
forth on the appeal or application.
C.
Written notice shall be given to the Zoning Officer and to the members
of the Board of Commissioners.
D.
Written notice shall be given to any person who has made a timely
request for the same.
E.
Written notice of said hearing shall be given by the conspicuous
posting on the affected property or tract of land at least one week
prior to the hearing of a copy of the notice of the hearing, such
notice shall be affixed by the Zoning Officer.
An interim period of one year shall be required between alike
or similar petitions whether before the Zoning Hearing Board or the
Board of Commissioners.
A.
An appellant or applicant for a variance or other relief before the
Zoning Hearing Board, and any other party to the proceedings before
the Zoning Hearing Board, including representatives of the Township,
a person aggrieved, any protestant or civic group having asserted
an interest in the proceedings, may utilize mediation as an aid in
completing such proceedings; provided, however, that the Zoning Hearing
Board shall not initiate mediation or participate as a mediating party.
Mediation shall supplement, not replace, those procedures and the
jurisdiction of the Zoning Hearing Board in this article and in the
Pennsylvania Municipalities Planning Code. Nothing in this section
shall be interpreted as limiting the municipal police powers of the
Township or as modifying any principles of substantive law.
B.
Participation in mediation shall be wholly voluntary. The appropriateness
of mediation shall be determined by the particulars of each case and
the willingness of the parties to enter into such mediation and negotiate
in good faith for a resolution.
C.
Prior to entering into mediation, the parties shall execute an agreement
providing for, but not limited to, the following items:
(1)
Funding for the mediation.
(2)
Electing a mediator who, at a minimum, shall have a working
knowledge of municipal zoning and subdivision procedures and demonstrated
skills in mediation.
(3)
Completing mediation, including time limits for such completion.
(4)
Suspending time limits otherwise authorized in this chapter,
provided there is written consent by the mediating parties and by
an applicant or Zoning Hearing Board.
(5)
Identifying all parties and affording them the opportunity to
participate.
(6)
Subject to legal restraints, determining whether some or all
of the mediation sessions shall be open or closed to the public.
(7)
Assuring that mediated solutions are in writing and signed by
the parties and become subject to review and approval by the appropriate
decisionmaking body, pursuant to the authorized procedures set forth
in the other sections of this chapter.
D.
No offers or statements made in the mediation sessions, excluding
the final written mediated agreements, shall be admissible as evidence
in any subsequent judicial or administrative proceeding.
