The Board shall conduct hearings and make decisions in accordance
with the requirements of the Pennsylvania Municipalities Planning
Code, as amended, and the following rules of the Board:
A. Notice shall be given by the Zoning Hearing Board to the public,
the applicant and adjoining property owners of the applicant property,
the Zoning Officer and such other persons as the Township Supervisors
shall designate by ordinance and to any other person who has made
timely request for the same. Notices shall be given at such time and
in such manner as shall be prescribed by ordinance or, in the absence
of ordinance provision, by rules of the Board. The Township Supervisors
may establish reasonable fees, based on cost, to be paid by the applicant
and by persons requesting any notice not required by ordinance, in
accordance with Section 908 of the Municipalities Planning Code. In addition to the notice provided herein, notice of said
hearing shall be conspicuously posted on the affected tract of land.
B. 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, but the parties
may waive the decision or findings by the Board and accept the decision
or findings of the hearing officer as final.
C. 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, 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.
D. 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.
E. 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.
F. Formal rules of evidence shall not apply, but irrelevant, immaterial
or unduly repetitious evidence may be excluded.
G. The Board or the hearing officer, as the case may be, 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.
H. The Board or 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 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.
I. 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 act or of any 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 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.
J. 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.
The Zoning Hearing Board shall have the following functions:
A. The Zoning Hearing Board shall have the functions authorized in the
Pennsylvania Municipalities Planning Code, as amended.
B. The jurisdiction of the Zoning Hearing Board and the Township Supervisors
and the procedures to be followed by each shall be as established
in said code.
C. Parties to authorized proceedings before the Zoning Hearing Board
may utilize mediation as an aid in completing such proceedings, pursuant
to the provisions of the Pennsylvania Municipalities Planning Code,
as amended.
D. Appeals from the Zoning Officer: to hear and decide appeals where
it is alleged by the appellant that the Zoning Officer has failed
to follow the procedures or has misinterpreted or misapplied any provision
of this chapter or the Zoning Map or any valid rule or regulation
governing the action of the Zoning Officer.
E. Challenges to the validity of this chapter or the Zoning Map, except as indicated in the Pennsylvania Municipalities Planning Code, as amended. In all such challenges, the Board shall take evidence and make a record thereon as provided in §
390-95. At the conclusion of the hearing, the Board shall decide all contested questions and shall make findings on all relevant issued of fact, which shall become part of the record on appeal to the court.
F. Unified appeals. Where the Board has jurisdiction over matters pursuant to Subsections
A,
E and
G, the Board may also hear all appeals which an applicant may elect to bring before it with respect to any Township ordinance or requirement pertaining to the same development plan or development. In any such case, the Board shall have no power to pass upon the nonzoning issues, but shall take evidence and make a record thereon as provided in §
390-95. At the conclusion of the hearing, the Board shall make findings on all relevant issues of fact which shall become part of the record on appeal to the court.
G. Variances.
(1) The Board shall hear requests for variances where it is alleged that
the provisions of this chapter inflict unnecessary hardship upon the
applicant. The Board may by rule prescribe the form of application
and may require preliminary application to the Zoning Officer. The
Board may grant a variance, provided that 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 circumstances or conditions
are not created by the provisions of this chapter in the neighborhood
or district in which the property is located; and
(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 if therefore necessary to enable the reasonable use of
the property; and
(c)
That such unnecessary hardship has not been created by the appellant;
and
(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; and
(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 act and this chapter.
H. Special exceptions: to issue, upon application, only such special
exceptions which the Board by the provisions of this chapter is specifically
authorized to issue. The granting of a special exception when specifically
authorized by the terms of this chapter shall be subject to the following
standards and criteria:
(1) The applicant for a special exception shall demonstrate, as a condition
of approval of his application, compliance with these criteria and
those criteria specified elsewhere in this chapter for the use in
question.
(a)
Such use shall be one which is specifically authorized as a
special exception use in the zoning district wherein the applicant
seeks a special exception.
(b)
Such special exception shall only be granted subject to any
applicable conditions and safeguards as required by this chapter.
(c)
Such use shall not adversely affect the character of the general
neighborhood, or the conservation of property values, or the health
and safety of residents or workers on adjacent properties and in the
general neighborhood.
(d)
Such use shall be of such size and so located and laid out in
relation to its access streets that vehicular and pedestrian traffic
to and from such use will not create undue congestion or hazards prejudicial
to the general neighborhood.
(e)
Services and utilities shall be made available to adequately
service the proposed use.
(f)
The granting of the special exception shall be consistent with
the Township Comprehensive Plan.
(2) 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 purpose of this
chapter and the Pennsylvania Municipalities Code, as amended.
I. Reasonable accommodations: to hear and decide requests for a reasonable
accommodation where the applicant shows entitlement pursuant to the
provisions of this chapter and the Fair Housing Amendments Act.
[Added 6-13-2011 by Ord. No. 713]
(1) Requirements
for a reasonable accommodation. The Board may grant a reasonable accommodation,
provided that all of the following findings are made, where relevant:
(a)
An applicant for reasonable accommodation shall have the burden
of establishing that:
[1]
The residents or proposed residents of the premises are handicapped.
[2]
The premises are to be used as a dwelling for persons with handicaps.
[3]
The specific accommodation to the rules and regulations of the
ordinances of the Township may be necessary to afford persons with
handicaps an equal opportunity to housing in the Township.
(b)
In determining whether a requested accommodation is reasonable,
the Zoning Hearing Board shall consider:
[1]
Whether the requested accommodation will cause any undue fiscal
or administrative burdens upon the Township; and
[2]
Whether the requested accommodation would require a fundamental
alteration in a legitimate rule, policy or procedure of the Township.
(2) In
granting a reasonable accommodation, the Board may attach such reasonable
conditions and safeguards as it may deem necessary to implement the
purposes of this chapter.
(3) In
all other procedural respects, a request for a reasonable accommodation
shall be treated the same as a request for a special exception.
J. To exercise any other power specifically granted to the Board under
the terms of this chapter.
[Amended 6-13-2011 by Ord. No. 713]
[Amended 6-13-2011 by Ord. No. 713]
Unless otherwise specified by the Board, a conditional use,
special exception or variance shall expire if the applicant fails
to obtain a zoning permit or a building permit, where required, within
18 months from the date of authorization of the conditional use, special
exception or variance, except as such time period may be extended
by the Board in its discretion and except as such time period is extended
by operation of law.
[Amended 10-9-2017 by Ord. No. 779]
A. When an application for special exception, variance, or other zoning
relief under this chapter is submitted to the Zoning Hearing Board,
the Solicitor for the Zoning Hearing Board, within five days of receipt,
shall forward a copy of the application to the Township Planning Commission,
the Township Board of Supervisors, care of the Township Manager, and
the Township Solicitor for the opportunity to review and comment on
the application.
B. The Solicitor for the Zoning Hearing Board shall notify the Township
Board of Supervisors, care of the Township Manager, the Township Planning
Commission, and the Township Solicitor of the date, time, and place
of any hearing scheduled on the application at least 15 days before
the hearing.
C. Receipt of comments by the Township Planning Commission and/or the
Township Board of Supervisors are not required for the Zoning Hearing
Board to schedule and/or conduct a hearing on an application. The
Township Board of Supervisors and/or the Township Planning Commission
may, at any point before the hearing, provide comments to the Zoning
Hearing Board concerning the application.
D. When necessary and/or desired, the Township Board of Supervisors
may schedule a special meeting to review and comment on an application.
E. The Township Board of Supervisors may appoint the Township Solicitor
and/or the Township Manager to appear at the hearing and represent
the Township's interests in any hearing on any application.