A.
There is hereby created a Zoning Hearing Board which shall consist
of three residents of the Township who shall be appointed by resolution
of the Board of Supervisors. Zoning Hearing Board members shall serve
for three-year terms which shall be so fixed that the term of office
of no more than one member shall expire each year. The Zoning Hearing
Board shall promptly notify the Board of Supervisors of any vacancies
which shall occur, and appointments to fill such vacancies shall be
only for the unexpired portion of the term. Members of the Zoning
Hearing Board shall hold no other office in the Township. Any member
of the Zoning Hearing Board may be removed for malfeasance, misfeasance
or nonfeasance in 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 of the Board of Supervisors to
take such a vote. A hearing shall be held in connection with the vote
if the member shall request such hearing in writing.
B.
The Board of Supervisors may, in its discretion, appoint by resolution between one and three alternate members to the Zoning Hearing Board. Such alternate members shall have the right to participate in all hearings of the Zoning Hearing Board but shall be entitled to vote only as provided in Article IX of the Municipalities Planning Code. Whenever the term "Board" is used in this article, it shall mean the Zoning Hearing Board.
The Board shall elect from its 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 fewer than two members. If the Board of Supervisors has appointed alternate members to the Zoning Hearing Board, the Chairman of the Board may designate alternate members to participate and vote upon designated applications in accordance with the regulations contained in Article IX of the Municipalities Planning Code.[1] The Board may also 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 the Municipalities
Planning Code. The Board may make, alter and rescind rules and forms
for its procedure, consistent with the ordinances of the Township
and the 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 Supervisors as requested by the Board of Supervisors.
[1]
Editor's Note: See 53 P.S. § 10901 et seq.
A.
The Zoning Hearing Board shall hear and render final adjudications in any matter for which the Board shall have been granted jurisdiction by Article IX of the Municipalities Planning Code.
B.
Special exceptions. When special exceptions are provided for in this
chapter, the Board shall hear and decide requests for such special
exceptions in accordance with stated standards and criteria. 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 the Municipalities
Planning Code and this chapter. The Board may grant approval of a
special exception, provided that the applicant complies with the following
standards for special exceptions and that the proposed special exception
shall not be detrimental to the health, safety or welfare of the neighborhood.
The burden of proof shall rest with the applicant.
(1)
Compliance with this chapter. The applicant shall establish
by credible evidence compliance with all conditions on the special
exception enumerated in the section which gives the applicant the
right to seek the special exception. The applicant shall provide the
Board with sufficient plans, studies or other data to demonstrate
compliance with all applicable regulations.
(2)
Traffic and public services. The applicant shall establish by
credible evidence that the proposed special exception shall be properly
serviced by all existing public service systems. The peak traffic
generated by the subject of the application shall be accommodated
in a safe and efficient manner or improvements made in order to effect
the same. Similar responsibilities shall be assumed with respect to
other public service systems, including but not limited to police
protection, fire protection, utilities, parks and recreation.
(3)
Site planning. The applicant shall establish by credible evidence
that the proposed special exception shall be in and of itself properly
designed with regard to internal circulation, parking, buffering and
all other elements of proper design as specified in this chapter and
any other governing law or regulation.
(4)
Neighborhood. The proposed special exception shall not substantially
injure or detract from the use of neighboring property or from the
character of the neighborhood, and the use of property adjacent to
the area included in the special exception application shall be adequately
safeguarded.
(5)
Safety. The applicant shall establish by credible evidence that
the proposed use will not create a significant hazard to the public
health and safety, such as fire, toxic or explosive hazards.
(6)
The Board may attach such reasonable conditions and safeguards
as it may deem necessary to implement the purposes of and ensure compliance
with the Municipalities Planning Code and this chapter, which conditions
may include plantings and buffers, harmonious designs of buildings
and the elimination of noxious, offensive or hazardous elements.
(7)
Unless otherwise specified by the Board or by law, a special
exception shall expire if the applicant fails to obtain a zoning permit
within one year from the date of authorization thereof by the Board
or by the court if such special exception has been granted after an
appeal or fails to complete any erection, construction, reconstruction,
alteration or change in use authorized by the special exception approval
within two years from the date of authorization thereof by the Board
or by the court if such special exception has been granted after an
appeal. The Board, upon written application and for reasonable cause
shown, may extend the approval for an additional period of up to two
years.
C.
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 grant a variance, provided that the following
findings are made where relevant in a given case. The burden of proof
shall rest with the applicant.
(a)
That there are unique physical circumstances or conditions,
including irregularity, narrowness or shallowness of a 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 generally created by the provisions of this chapter
in the neighborhood of 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 applicant.
(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 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 chapter. The Board shall require that adequate on
or off-site water and sewage disposal facilities are available for
the use intended.
(3)
Unless otherwise specified by the Board or by law, a variance
shall expire if the applicant fails to obtain a zoning permit within
one year from the date of authorization thereof by the Board or by
the court if such variance has been granted after an appeal or fails
to complete any erection, construction, reconstruction, alteration
or change in use authorized by the variance approval within two years
from the date of authorization thereof by the Board or by the court,
if such variance has been granted after an appeal. The Board, upon
written application and for reasonable cause shown, may extend the
approval for an additional period of up to two years.
A.
All applications for hearings before the Board shall be made on forms adopted by the Board of Supervisors. No application shall be considered complete until any required fees have been paid. No application shall be complete until a site plan has been submitted. All applications requesting approval to establish or expand a nonresidential use or which concern a residential use containing 10 or more dwelling units shall submit a plan drawn to the standards of a sketch plan under Chapter 119, Subdivision and Land Development. The Zoning Hearing Board may require additional information if it is deemed necessary to demonstrate compliance with the applicable provisions of this chapter, or the Board may allow modification of the plan requirements if compliance can be verified with less detail.
B.
Multiple and pending applications.
(1)
Legislative intent. The consideration of multiple applications
for a single property at the same time creates substantial additional
administrative work for the Township staff and the volunteer members
of the Zoning Hearing Board. The Township staff must maintain multiple
files with differing time limits within which the Zoning Hearing Board
is required to schedule hearings and render decisions. The Township
staff and the Zoning Hearing Board must also insure that each submission,
letter or other documentation is properly included in the record of
one or more of the multiple application files, as appropriate. Documents
which cannot be easily reproduced, such as plans, or documents which
are bulky must be cross-referenced. The Township incurs costs to store
plans and other documentation copies in each file and to cross-reference
each application. The costs to the Township which arise from multiple
applications at one time relating to a single property are greater
than the Township's costs to administer single applications for various
properties.
(2)
Application fee. In recognition of the increased costs to the
Township to process multiple applications for a single property, the
application fee as established by ordinance or resolution of the Board
of Supervisors shall be doubled for any second or subsequent application
to the Zoning Hearing Board under the following circumstances:
(a)
Where an applicant files an application for a property while
an application is pending before the Zoning Hearing Board for the
same property; or
(b)
Where an applicant files an application for a special exception
to the Zoning Hearing Board under the same section of this Zoning
Ordinance within one year of the date of a final decision on an application
for a special exception under the same section of this Zoning Ordinance
for the same property.
(3)
Number of applications which may be pending. No more than one
application for the same property shall be pending before the Zoning
Hearing Board at any time. If an applicant files a second or subsequent
application with the Zoning Hearing Board while an application for
the same property is pending, the Zoning Hearing Board:
(4)
Reconsideration.
(a)
After the Zoning Hearing Board has rendered a decision, or after
a court of competent jurisdiction has rendered a final determination
upon an appeal from a decision of the Zoning Hearing Board on an application
for a special exception, the applicant, his or her successors and
assigns, shall not be permitted to file an application for a special
exception under the same section of this chapter for a period of one
year from the date of the decision of the Zoning Hearing Board or
order of the court, whichever is later.
(b)
Any reapplication for a special exception under the same section
of this Zoning Ordinance shall be considered a request for a reconsideration
of the Zoning Hearing Board's decision. The Zoning Hearing Board does
not have jurisdiction to reconsider a decision.
(c)
If an applicant files an application for such a reconsideration,
whether or not the applicant terms his or her application a request
for reconsideration, the Zoning Hearing Board shall schedule a hearing
on the application for reconsideration in accordance with the requirements
of the MPC and may deny the application for violation of this section
and because the Zoning Hearing Board does not have such jurisdiction
under Section 909.1(a) of the MPC.
(d)
Nothing contained herein shall prevent the Zoning Hearing Board
from denying an application for a special exception, application for
a variance, challenge to the validity of this Zoning Ordinance, or
appeal from a determination of the Zoning Officer based upon res judicata,
collateral estoppel or other concepts of issue preclusion.
The Zoning Hearing Board shall give notice of, conduct hearings
and render decisions in accordance with the requirements of the Municipalities
Planning Code.
A.
Appeals from the denial of an application by the Zoning Officer or
from the issuance of a notice of violation and/or cease-and-desist
order shall be made within 30 days of the denial of said permit or
issuance of said notice of violation and/or cease-and-desist order.
B.
No person shall be allowed to file any proceeding with the Zoning
Hearing Board later than 30 days after any application for development,
preliminary or final, has been approved by the Board of Supervisors
or later than 30 days after a permit has been issued by the Zoning
Officer if such proceeding is designed to secure reversal or limit
the approval or the permit in any manner unless such person alleges
and proves that he had no notice or knowledge or reason to believe
that such approval has 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.
C.
No appeal shall be considered filed with the Board unless any applicable
filing fee has been paid.
Any party aggrieved by any decision of the Board may appeal
to the Court of Common Pleas of Lancaster County in the manner provided
by the laws of the Commonwealth of Pennsylvania and Article X-A of
the Municipalities Planning Code.