A.
There is hereby created for the Township a Zoning Hearing Board in
accordance with the provisions of Article IX of the Pennsylvania Municipalities
Planning Code, 53 P.S. § 10901 et seq.
B.
The membership of the Board shall consist of five residents of the
Township appointed by resolution by the Board of Commissioners. The
terms of office shall be five years and shall be so fixed that the
term of office of one member shall expire each year. The Board shall
promptly notify the Board of Commissioners of any vacancies that occur.
Appointments to fill vacancies shall be only for the unexpired portion.
Members of the Board shall hold no other office in the Township.
C.
Any Board member may be removed for malfeasance, misfeasance or nonfeasance
in office or for other just cause by a majority vote of the Board
of Commissioners that appointed the member, taken after the member
has received 15 days' advance notice of the intent to take such a
vote. A hearing shall be held in connection with the vote if the member
shall request it in writing.
D.
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 this chapter.
E.
The Board may make, alter and rescind rules and forms for its procedure,
consistent with ordinances of the 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 Commissioners as requested by the Board
of Commissioners.
F.
Within the limits of funds appropriated by the Board of Commissioners,
the Board may employ or contract for secretaries, clerks, legal counsel,
consultants and other technical and clerical services. Members of
the Board may receive compensation for the performance of their duties
as may be fixed by the Board of Commissioners, but in no case shall
it exceed the rate of compensation authorized to be paid to the members
of the Board of Commissioners.
The Zoning Hearing Board shall conduct hearings and made decisions
in accordance with the following requirements:
A.
Public notice shall be given and written notice shall be given to
the applicant, the Zoning Officer and to any person who has made timely
request for the same. Written notices shall be given at such time
and in such manner as shall be prescribed by rules of the Board. In
addition to the written notice provided herein, written notice of
said hearing shall be conspicuously posted on the affected tract of
land at least one week prior to the hearing.
B.
The hearing shall 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. 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 assure 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.
In addition, the applicant may, upon request, be granted additional
hearings to complete his 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 municipality,
be granted additional hearings to complete their opposition to the
application, provided the applicant is granted an equal number of
additional hearings for rebuttal.
C.
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 or findings of the
hearing officer as final.
D.
The parties to the hearing 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 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.
E.
The Chairman or Acting Chairman of the Board or the hearing officer
presiding shall have 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.
F.
The parties shall have the right to be represented by counsel and
shall be afforded the opportunity to respond and present evidence
and argument and cross-examine adverse witnesses on all relevant issues.
G.
Formal rules of evidence shall not apply, but irrelevant, immaterial
or unduly repetitious evidence may be excluded.
H.
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.
I.
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 its
solicitor, 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.
J.
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 law, ordinance, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in the 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 his report and recommendations available to the parties within 45 days, and the parties shall be entitled to make written representations thereon to the Board prior to 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. Where the Board fails to render the decision within the period required by this subsection or fails to hold the required hearing within 60 days from the date of the applicant's request for a hearing, 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 the 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. If the Board shall fail to provide such notice, the applicant may do so. Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.
K.
A copy of the final decision or, where 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 its date. 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.
L.
The Board of Commissioners shall establish, by resolution, fees with
respect to hearings before the Zoning Hearing Board.
The Zoning Hearing Board shall have exclusive jurisdiction to
hear and render final adjudications in the following matters:
A.
Substantive challenges to the validity of any land use ordinance,
except those brought before the Board of Commissioners pursuant to
§§ 609.1 and 916.1(a)(2) of the Pennsylvania Municipalities
Planning Code (hereinafter "MPC"), 53 P.S. §§ 10609.1
and 10916.1.
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 said ordinance. Where the ordinance appealed
from is the initial Zoning Ordinance of the Township and a Zoning
Hearing Board has not been previously established, the appeal raising
procedural questions shall be taken directly to court.
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 flood
hazard ordinance or such provisions within a land use ordinance, pursuant
to § 910.2 of the MPC, 53 P.S. § 10910.2.
F.
Applications for special exceptions under this chapter or floodplain
or flood hazard ordinance or such provisions within a land use ordinance,
pursuant to § 912.1 of the MPC, 53 P.S. § 10912.1.
G.
Appeals from the determination of any officer or agency charged with
the administration of any transfers of development rights or performance
density provisions of this chapter.
H.
Appeals from the Zoning Officer's determination under § 916.2
of the MPC, 53 P.S. § 10916.2.
I.
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 applications under Article V or VII of the MPC, 53 P.S. §§ 10501 et seq., 10701 et seq.
A.
No person shall be allowed to file any proceeding with the Zoning
Hearing Board later than 30 days after an application for development,
preliminary or final, has been approved by the Township if such proceeding
is designed to secure reversal or to limit the approval in any manner
unless such person alleges and proves that he had no notice, knowledge
or reason to believe that such approval had 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. The failure of anyone
other than the landowner to appeal from an adverse decision on a tentative
plan or from an adverse decision by the Zoning Officer on a challenge
to the validity of this chapter or an amendment hereto or map or an
amendment thereto shall preclude an appeal from a final approval except
in the case where the final submission substantially deviates from
the approved tentative approval.
B.
All appeals from determinations adverse to the landowner shall be
filed by the landowner within 30 days after notice of the determination
is issued.
A.
Upon filing of any appeal proceeding before the Zoning Hearing Board
and during its pendency before the Board, all land development pursuant
to any challenged ordinance, order or approval of the Zoning Officer
or of any agency or body, and all official action thereunder, shall
be stayed unless the Zoning Officer or any other appropriate agency
or body certifies to the Board facts indicating that such stay would
cause imminent peril to life or property, in which case the development
or official action shall not be stayed otherwise than by a restraining
order, which may be granted by the Board or by the court having jurisdiction
of zoning appeals, on petition, after notice to the Zoning Officer
or other appropriate agency or body. When an application for development,
preliminary or final, has been duly approved and proceedings designed
to reverse or limit the approval are filed with the Board by persons
other than the applicant, the applicant may petition the court having
jurisdiction of zoning appeals to order such persons to post bond
as a condition to continuing the proceedings before the Board.
B.
After the petition is presented, the court shall hold a hearing to
determine if the filing of the appeal is frivolous. At the hearing,
evidence may be presented on the merits of the case. It shall be the
burden of the applicant for a bond to prove the appeal is frivolous.
After consideration of all evidence presented, if the court determines
that the appeal is frivolous, it shall grant the petition for a bond.
The right to petition the court to order the appellants to post bond
may be waived by the appellee, but such waiver may be revoked by him
if an appeal is taken from a final decision of the court.
C.
The question whether or not such petition should be granted and the
amount of the bond shall be within the sound discretion of the court.
An order denying a petition for bond shall be interlocutory. An order
directing the responding party to post a bond shall be interlocutory.
D.
If an appeal is taken by a respondent to the petition for a bond
from an order of the court dismissing a zoning appeal for refusal
to post a bond and the appellate court sustains the order of the court
below to post a bond, the respondent to the petition for a bond, upon
motion of the petitioner and after hearing in the court having jurisdiction
of zoning appeals, shall be liable for all reasonable costs, expenses
and attorney's fees incurred by the petitioner.
A.
Filing of variances. 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 on a form provided for that purpose by the Zoning Officer.
It must be filed with the Zoning Officer and copies given to the Board
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 on the variance
requested, whether such information is called for by the official
form or not.
B.
Referral to Planning Commission. All applications for a variance
shall be referred to the Township Planning Commission for a recommendation.
The Planning Commission will officially review an application for
a variance at a particular meeting only if the application was filed
15 days prior to the Planning Commission's regular meeting.
[Amended 11-13-2019 by Ord. No. 2019-5]
C.
Standards for variances. The Board may grant a variance, provided
that all of the following findings are made where relevant in a given
case.
(1)
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.
(2)
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.
(3)
Such unnecessary hardship has not been created by the applicant.
(4)
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.
(5)
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 authorization of
the variance.
(6)
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.
D.
In granting any variance, the Board may attach such reasonable conditions
and safeguards as it may deem necessary to implement the purposes
of this act and the Zoning Ordinance.
Where the Board of Commissioners, in this chapter, has stated
special exceptions to be granted or denied by the Zoning Hearing Board
pursuant to express standards and criteria, the Zoning Hearing Board
shall hear and decide requests for such special exceptions in accordance
with such standards and criteria.
A.
Filing of special exception. For any use permitted by special exception
to be special exception must be obtained from the Zoning Hearing Board.
The application must be on a form provided for that purpose by the
Zoning Officer. It must be filed with the Zoning Officer and copies
given to the Board and Township Planning Commission. The applicant
must provide all the information requested on the form.
B.
Temporary special exceptions.
(1)
A temporary special exception must be obtained from the Zoning Hearing
Board for any nonconformity that is or will be seasonal or is or will
be in the public interest. The Zoning Hearing Board may grant a temporary
special exception for a nonconformity, use or structure, existing
or new, which:
(2)
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.
C.
Referral to Planning Commission. All applications for a special exception
shall be referred to the Township Planning Commission for a recommendation.
The Planning Commission will officially review an application for
a special exception at a particular meeting only if the application
was filed 15 days prior to the Planning Commission's regular meeting.
[Amended 11-13-2019 by Ord. No. 2019-5]
D.
Conditions. 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,
53 P.S. § 10101 et seq.
E.
Application of extent-of-use regulations. The extent-of-use regulations
(ex: height, setback, coverage) 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.
F.
General standards.
(1)
A special exception may be granted when the Zoning Hearing Board
finds from a preponderance of the evidence produced at the hearing
that:
(a)
The proposed use, including its nature, intensity and location,
is in harmony with the orderly and appropriate development of the
zone.
(b)
Adequate water supply, sewage disposal, storm drainage and fire
and police protection are or can be provided for the use.
(c)
The use of adjacent land and buildings will not be discouraged
and the value of adjacent land and buildings will not be impaired
by the proposed use and/or location, nature and height of buildings,
walls and fences.
(d)
The use will have proper location with respect to existing or
future streets giving access to it and will not create traffic congestion
or cause large amounts of commercial or industrial traffic to use
residential streets.
(2)
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 that are to
be determined by the Zoning Hearing Board.
H.
Unless otherwise specified or extended by the Zoning Hearing Board,
a special exception authorized by the Board expires if the applicant
fails to obtain a building permit or use certificate within six months
of the date of the authorization of the special exception.
