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 §
150-300. 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 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. 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 Township Supervisors upon request.
The Zoning Hearing Board shall have the exclusive jurisdiction
to hear and render decisions in the following matters:
A. Substantive challenges to the validity of the Zoning Ordinance, except those brought before the governing body pursuant to §
150-377 of this chapter.
(1)
If a challenge heard by a Zoning Hearing Board is found to have
merit, the decision of the Zoning Hearing Board shall include recommended
amendments to the challenged ordinance which will cure the defects
found. In reaching its decision, the Zoning Hearing Board shall consider
the amendments, plans and explanatory material submitted by the landowner
and shall also consider:
(a)
The impact of the proposal upon roads, sewer facilities, water
supplies, schools and other public service facilities.
(b)
If the proposal is for a residential use, the impact of the
proposal upon regional housing needs and the effectiveness of the
proposal in providing housing units of a type actually available to
and affordable by classes of persons otherwise unlawfully excluded
by the challenged provisions of the ordinance or map.
(c)
The suitability of the site for the intensity of use proposed
by the site's soils, slopes, woodland, wetlands, floodplains, aquifers,
natural resources and other natural features.
(d)
The impact of the proposed use on the site's soils, slopes,
woodlands, wetlands, floodplains, natural resources and natural features,
the degree to which these are protected or destroyed, the tolerance
of the resources to development and any adverse environmental impacts.
(e)
The impact of the proposal on the preservation of agriculture
and other land uses which are essential to public health and welfare.
(2)
The Zoning Hearing Board shall render its decision within 45
days after the conclusion of the last hearing. If the Zoning Board
fails to act on the landowner's request within this time limit, a
denial of the request is deemed to have occurred on the 46th day after
the close of the last hearing.
(3)
The Zoning Hearing Board shall commence its hearings within
60 days after the request is filed unless the landowner requests or
consents to an extension of time.
(4)
Public notice of the hearing shall be provided as specified in §
150-300A of this chapter.
B. Challenges to the validity of the Zoning 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. Special exceptions pursuant to the requirements listed in §
150-302 of this chapter.
D. Variances, subject to the requirements listed in §
150-301 of this chapter.
E. 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, or the issuance of any cease and
desist order.
[Amended 6-28-2001 by Ord. No. 01-03]
F. Appeals from a determination by a Municipal Engineer or the Zoning
Officer with reference to the administration of any provisions contained
within the Floodplain Management Ordinance.
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 Section 916.2
(and any subsequent amendments) of the Act.
I. Appeals from the determination of the Zoning Officer or Municipal Engineer in the administration of any land use ordinance with reference to sedimentation and erosion control and/or stormwater management for applications not involving a subdivision/land development or a planned residential development as regulated in Articles
V and
VII of the Act, respectively.
Appeals under §
150-298E,
F,
G,
H and
I and proceedings to challenge this chapter under §
150-298A and
B may be filed with the Board in writing by the landowner affected, any officer or agency of the Township or any person aggrieved. Requests for a variance under §
150-298D and for special exception under §
150-298C may be filed with the Board by any landowner or any tenant with the permission of such landowner. Any appeal shall state:
A. The name and address of the appellant and applicant.
B. The name and address of the landowner of the real estate to be affected.
C. A brief description and location of the real estate to be affected
by such proposed change, together with a plot plan drawn to scale
with sufficient clarity to show the nature and character of the request.
D. A statement of the present zoning classification of the real estate
in question, the improvements thereon and the present use thereof.
E. A statement of the section of this chapter under which the request
may be allowed, and reasons why it should or should not be granted.
Any person or taxpayer of the Township aggrieved by any decision
of the Board may, within 30 days after such decision of the Board,
seek review by the Court of Common Pleas of such decision in the manner
provided by the law of the Commonwealth of Pennsylvania and Article
X-A of the Act, as amended.