[Ord. 2007-2, 5/22/2007]
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 Board of Supervisors when
vacancies occur. Appointments to fill vacancies shall be only for
the unexpired portion of the term. Members of the Zoning Hearing Board
shall hold no other elected or appointed office in the Township, nor
shall any member be an employee of the Township. The membership of
the Zoning Hearing Board may be increased to five members in accordance
with the provisions of Section 903(a) of the Pennsylvania Municipalities
Planning Code (Act 247, as amended).
[Ord. 2007-2, 5/22/2007]
Any Zoning Hearing Board member may be removed for malfeasance,
misfeasance or nonfeasance in the 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 to take such vote.
A hearing shall be held in connection with the vote if the member
shall request it in writing.
[Ord. 2007-2, 5/22/2007]
The Zoning Hearing Board shall have exclusive jurisdiction to
hear and render final adjudication in the following matters:
A. Substantive challenges to the validity of any land use ordinance,
except curative amendments brought before the Board of Supervisors.
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 the ordinance.
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 the
Flood Hazard Ordinance or such provisions within a land use ordinance, pursuant
to § 1605.
F. Applications for special exceptions under this chapter or the Floodplain
or Flood Hazard Ordinance or such provisions within a land use ordinance, pursuant to Part
11 and § 1606.
G. Appeals from the Zoning Officer's determination under Section 916.2
of the Pennsylvania Municipalities Planning Code. (Act 247, as amended).
H. 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
subdivision and land development or planned residential development.
[Ord. 2007-2, 5/22/2007]
The Zoning Hearing Board shall have the power to hear and decide on applications for uses by special exception, as authorized by this chapter, in harmony with its general purpose and intent and in accordance with the standards set forth in Part
11. The Zoning Hearing Board shall approve a use by special exception only if it meets all applicable requirements of this chapter and the express standards and criteria set forth in Part
11. In granting a use by special exception, the Zoning Hearing Board may attach such reasonable safeguards, in addition to those expressed in this chapter, as it may deem necessary to properly implement this chapter and protect the public health, safety and welfare.
[Ord. 2007-2, 5/22/2007]
Upon filing of any proceeding and during its pendency before
the Zoning Hearing 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 Zoning Hearing 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 Zoning Hearing 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 Zoning Hearing Board by persons other than the applicant,
the applicant may petition the court having jurisdiction of the zoning
appeals to order such persons to post bond as a condition to continuing
the proceedings before the Zoning Hearing Board. 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.
[Ord. 2007-2, 5/22/2007]
All appeals from decisions rendered by the Zoning Hearing Board
shall be taken to the Washington County Court of Common Pleas and
shall be filed within 30 days after the entry of the decision or,
in the case of a deemed decision, within 30 days after the date upon
which notice of said deemed decision is given as required by Subsection
908(9) of the Pennsylvania Municipalities Planning Code (Act 247,
as amended).