The membership of the Zoning Hearing Board shall consist of
three residents of the Township appointed by the Board of Supervisors.
Their terms of office shall be three years and shall be so fixed that
the term of office of one member shall expire each year. The Zoning
Hearing Board shall promptly notify the Board of Supervisors when
vacancies occur. Appointments to fill vacancies shall be only for
the unexpired portion of the term. Members of the Zoning Hearing Board
shall hold no other elected or appointed office in the Township, nor
shall any member be an employee of the Township.
Any Zoning Hearing Board member may be removed for malfeasance,
misfeasance or nonfeasance in the 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 to take such vote.
A hearing shall be held in connection with the vote if the member
shall request it in writing.
The Zoning Hearing Board shall have exclusive jurisdiction to
hear and render final adjudication in the following matters:
A. Substantive challenges to the validity of any land use ordinance,
except curative amendments brought before the Board of Supervisors.
B. 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 the ordinance.
C. 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.
D. 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 provisions within a land use ordinance.
E. Applications for variances from the terms of this chapter and any flood hazard ordinance or such provisions within a land use ordinance, pursuant to §
245-203.
F. Applications for uses by special exception under this chapter or any floodplain or flood hazard ordinance or such provisions within a land use ordinance, pursuant to Article
XV and §
245-204 of this chapter.
G. Appeals from the Zoning Officer's determination under Section 916.2
of the Pennsylvania Municipalities Planning Code (Act 247, as amended).
H. 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 relate to development not involving
subdivision and land development or planned residential development.
The Zoning Hearing Board, upon appeal, shall have the power
to authorize variances from the requirements of this chapter and to
attach such conditions to the variance as it deems necessary to assure
compliance with the purposes of this chapter. A variance may be granted
if all of the following findings are made where relevant in a given
case:
A. 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.
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 therefore necessary to enable the reasonable use of
the property.
C. That such unnecessary hardship has not been created by the appellant.
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
necessary to afford relief and will represent the least modification
possible of the regulation in issue.
The Zoning Hearing Board shall have the power to hear and decide on applications for uses by special exception as authorized by this chapter, in harmony with its general purpose and intent and in accordance with the standards set forth in Article
XV. The Zoning Hearing Board shall approve a use by special exception only if it meets all applicable requirements of this chapter and the express standards and criteria set forth in Article
XV. In granting a use by special exception, the Zoning Hearing Board may attach such reasonable safeguards, in addition to those expressed in this chapter, as it may deem necessary to properly implement this chapter and protect the public health, safety and welfare.