[Ord. 2002-01, 2/7/2002, § 501]
1.
Membership of Zoning Hearing Board.
A.
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 Township Supervisors of any vacancies
that occur. Appointments to fill vacancies shall be only for the unexpired
portion of the terms. Members of the Zoning Hearing Board shall hold
no other office in the Township.
B.
The Board of Supervisors may appoint by resolution at least one but not more than three residents of the Township to serve as alternate members of the Zoning Hearing Board. The term of office of an alternate member shall be three years. When seated pursuant to Subsection 2, an alternate shall be entitled to participate in all proceedings and discussion of the Zoning Hearing Board to the same and full extent as provided by law for Zoning Hearing 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 as set forth in this chapter, the Municipalities Planning Code and as otherwise provided by law. Alternates shall hold no other office in the Township, including membership on the Planning Commission and Code Enforcement/Zoning Officer.
2.
Organization of Zoning Hearing Board. The Zoning Hearing 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 Zoning Hearing Board. If by reason of absence
or disqualification of a member, a quorum is not reached, the chairman
of the Zoning Hearing Board shall designate as many alternate members
of the Zoning Hearing Board as may be needed to provide a quorum.
Any alternate member of the Zoning Hearing Board shall continue to
serve on the Zoning Hearing Board in all proceedings involving the
matter or case for which the alternate was initially appointed until
the Zoning Hearing 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 Zoning Hearing 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 Zoning
Hearing Board as provided in § 502. The Zoning Hearing 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 Zoning Hearing Board of Supervisors as requested.
3.
Jurisdiction. 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 Supervisors.
B.
Challenges to the validity of any 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.
C.
Appeals from the determination of the Code Enforcement/Zoning Officer,
including, but not limited to, the granting or denial of any permit,
or failure to act on the application therefore, 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 a Township Engineer or the Code Enforcement/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 variance from the terms of this chapter or any floodplain
or flood hazard ordinance, or such provisions within a land use ordinance.
F.
Applications for special exceptions under this chapter or any floodplain
or flood hazard ordinance, or such provisions within a land use ordinance.
G.
Appeals from the determination of any officer or agency charged with
the administration of any transfer of development rights or performance
density provisions of this chapter.
H.
Appeals from the determination of the Code Enforcement/Zoning Officer
or Township Engineer in the administration of any land use ordinance
or provisions thereof with reference to sedimentation and erosion
control and stormwater management insofar as the same relate to development
not involving subdivision and land development and planned residential
development applications.
4.
Zoning Hearing Board Calendar. Each application or appeal filed in
the proper form with the required data must be numbered serially and
be placed upon the calendar of the Zoning Hearing Board by the Secretary.
Applications and appeals must be assigned for hearing in the order
in which they appear on the calendar. However, for good reason, the
Zoning Hearing Board may order the advance of the application or appeal.
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.
[Ord. 2002-01, 2/7/2002, § 502]
1.
Notice; Conduct of Meeting.
A.
The Zoning Hearing Board shall fix a reasonable time and place for
the public hearing and shall give notice thereof stating the time
and place of the hearing and the particular nature of the matter to
be considered as follows:
(1)
By publishing notice thereof once each week for two successive
weeks in a newspaper of general circulation in the Township. The first
publication shall be not more than 30 days and the second publication
shall be not less than seven days from the date of the hearing.
(2)
By mailing a notice thereof to the applicant (by certified mail).
(3)
By mailing a notice thereof to the Code Enforcement/Zoning Officer,
the Township Secretary and to every person or organization who shall
have registered with the Zoning Hearing Board for the purpose of receiving
such notice and to all adjoining properties of the affected property.
(4)
By posting notice conspicuously on the affected tract of land
at least one week prior to the hearing.
B.
The Board of Supervisors may prescribe reasonable fees with respect
to hearings before the Zoning Hearing Board. Fees for said hearings
may include compensation for the secretary of the Zoning Hearing Board,
notice and advertising costs and necessary administrative overhead
connected with the hearing. The costs, however, shall not include
legal expenses of the Zoning Hearing Board, expenses for engineering,
architectural or other technical consultants or expert witness costs.
C.
The hearings shall be conducted by the Zoning Hearing Board or the
Zoning Hearing 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 Zoning Hearing Board, but the parties may waive decision
or findings by the Zoning Hearing Board and accept the decision or
findings of the hearing officer as final.
D.
Formal rules of evidence shall not apply, but irrelevant, immaterial
or unduly repetitious evidence may be excluded.
E.
The Zoning Hearing 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 unless the parties are
afforded an opportunity to contest the material so noticed and shall
not inspect the site or its surroundings with any party or his representative
unless all parties are given an opportunity to be present.
2.
Representation; Statement.
A.
Parties to the hearing shall be the Township, any person affected
by the application who has made timely appearance of record before
the Zoning Hearing Board, and any other person including civic or
community organizations permitted to appear by the Zoning Hearing
Board. The Zoning Hearing Board shall have the power to require that
all persons who wish to be considered parties enter appearances in
writing on forms provided by the Zoning Hearing Board for that purpose.
B.
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.
D.
The applicant or appellant must be given an opportunity for rebuttal.
3.
Witnesses. The Chairman or acting chairman of the Zoning Hearing
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.
4.
Decision Procedure.
A.
The Zoning Hearing 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 Zoning Hearing 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 reason therefor. Conclusions based on any provision of the
Municipalities Planning Code or of any ordinance, rule or regulation
shall contain a reference to the provision relied on and the reason
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
Zoning Hearing Board shall make its report and recommendations available
to the parties within 45 days and the parties shall be entitled to
make written representations thereon to the Zoning Hearing Board prior
to final decision or entry of findings and the Zoning Hearing Board's
decision shall be entered no later than 30 days after the report of
the hearing officer. Where the Zoning Hearing Board has power to render
a decision and the Zoning Hearing Board or the hearing officer, as
the case may be, fails to render the same 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 to an extension
of time. When the decision has been rendered in favor of the applicant
because of the failure of the Zoning Hearing Board to meet and render
a decision as hereinabove provided, the Zoning Hearing 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 herein provided.
If the Zoning Hearing 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.
B.
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 no later than the day following its date. To all other
persons who have filed their name and address with the Zoning Hearing
Board not later than the last day of the hearing, the Zoning Hearing
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.
C.
Whenever the Zoning Hearing Board imposes a condition or conditions
with respect to the granting of an application or appeal, this condition
must be stated in the order of the Zoning Hearing Board and in the
permit issued pursuant to the order by the Code Enforcement/Zoning
Officer. This permit remains valid only as long as the condition or
conditions upon which it was granted or the conditions imposed by
this chapter are adhered to.
5.
Records. The Zoning Hearing 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.
[Ord. 2002-01, 2/7/2002, § 503]
1.
Filing of Variance.
A.
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 Code Enforcement/Zoning Officer. The application
and all supporting documentation shall be filed with the Code Enforcement/Zoning
Officer who shall forward copies to the 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 Zoning Hearing Board on the variance, whether such information
is called for by the official form or not.
B.
Unless otherwise specified or extended by the Zoning Hearing Board,
a variance authorized by it expires if the applicant fails to obtain
a building permit or use certificate within one year from the date
of authorization of the variance.
2.
Referral to Planning Commission. All applications for a variance
shall be referred to the Planning Commission for a report.
3.
Standards for Variances. The Zoning Hearing Board shall hear requests
for variances where it is alleged that the provisions of this chapter
inflict unnecessary hardship upon the applicant. The Zoning Hearing
Board may grant a variance, provided that all of the following findings
are made where relevant in a given case:
A.
There are unique physical circumstances 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.
The variance, if authorized, will not alter the essential character
of the neighborhood or zone 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.
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.
4.
Conditions. In granting any variance, the Zoning Hearing Board may
attach such reasonable conditions and safeguards as it considers necessary
to implement purposes of this chapter.
[Ord. 2002-01, 2/7/2002, § 504]
1.
Filing of Special Exception. For any use permitted by special exception,
a special exception must be obtained from the Zoning Hearing Board.
In addition to the information required on the building permit application,
the special exception application must show:
A.
Ground-floor plans and elevations of proposed structures.
B.
Names and addresses of adjoining owners, including properties directly
across a street right-of-way.
C.
The location of all buildings, parking areas, traffic access and
circulation drives, open spaces, landscaping, and other pertinent
information.
D.
A written narrative of the proposed use in sufficient detail to determine
that all applicable standards are adequately addressed.
E.
Unless otherwise specified or extended by the Zoning Hearing Board,
a special exception authorized by the Zoning Hearing Board expires
if the applicant fails to obtain, where required to do so, a building
permit or use certificate within one year of the date of the authorization
of the special exception.
2.
Temporary Special Exception. A temporary special exception must be
obtained from the Zoning Hearing Board for any nonconformity which
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
nonconforming use or structure, existing or new, which:
A.
Is beneficial to the public health or general welfare.
B.
Is necessary to promote the proper development of the community.
C.
Is seasonal in nature.
D.
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.
3.
Referral to Planning Commission. All applications for a special exception
shall be referred to the Township Planning Commission for a report.
4.
Conditions. The Zoning Hearing Board in approving special exception
applications may attach conditions considered necessary to protect
the public welfare and the Comprehensive Plan, including conditions
which are more restrictive than those established for other uses in
the same zone.
5.
Application of Extent-of-Use Regulations. The extent-of-use regulations
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 Zoning Hearing Board must impose extent-of-use requirements
as necessary to protect the public welfare and the Comprehensive Plan.
6.
General Standards. 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
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 industrial or commercial traffic to use residential streets.
E.
The specific standards set forth for each particular use for which
a special exception may be granted have been met.
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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, which
are to be determined by the Zoning Hearing Board.
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