The Township Board of Commissioners hereby creates a Zoning Hearing Board, herein referred to as the "Board," consisting of three members, appointed by the Board of Commissioners pursuant to Article
IX of the Pennsylvania Municipalities Planning Code, as amended, who shall perform all the duties and have
all the powers prescribed by state statutes and as herein provided.
Within the limits of funds appropriated by the governing body, the Board may employ or contract for secretaries, clerks, legal counsel, consultants and other technical and clerical services. Members of the Board may receive compensation for the performance of their duties, as may be fixed by the governing body, but in no case shall it exceed the rate of compensation authorized to be paid to the members of the governing body. Alternate members of the Board may receive compensation, as may be fixed by the governing body, for the performance of their duties when designated as alternate members pursuant to §
470-113, but in no case shall such compensation exceed the rate of compensation authorized to be paid to the members of the governing body.
Meetings of the Board shall be held at the call of the Chairman
and at such other times as the Board may determine. The Chairman or,
in his absence, the Acting Chairman may administer oaths and compel
the attendance of witnesses. All meetings of the Board shall be open
to the public.
The Board shall keep full public records of its proceedings
showing the vote of each member upon each question or if absent or
failing to vote indicating such fact. The Board shall also keep full
public records of its business and other official action, which records
shall be the property of the municipality. The Board shall submit
a report of its activities to the Commissioners as requested by the
Commissioners.
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 governing body pursuant
to Sections 609.1 and 916.1(a)(2) of the MPC.
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 said 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 a Municipal 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 any
flood hazard ordinance or such provisions within a land use ordinance, pursuant
to Section 910.2. of the MPC and the following:
(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 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 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)
No nonconforming use of neighboring lands, structures or buildings
in the same district and no permitted or nonconforming use of land,
structures or buildings in other zoning districts shall be considered
grounds for the granting of a variance.
(3)
In no case shall a variance be granted solely for reasons of
additional financial gain on the part of the applicant.
(4)
The jurisdiction of the Board of Commissioners shall not be
infringed upon by action of the Board in any matter which should appropriately
be the subject of an amendment to the Zoning Ordinance or Zoning Map.
(No variance shall be granted under this section to allow a structure
or use in a zone restricted against such structure or use.)
(5)
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 and the Pennsylvania Municipalities Planning
Code, as amended.
F. Applications for special exceptions under this chapter or Chapter
205, Floodplain Management, of the Code of the Township of Pocono or such provisions within a land use ordinance, pursuant to §
470-37 of this chapter and Section 912.1. of the MPC.
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,
Procedure to obtain preliminary opinion, of the MPC.
I. Appeals from the determination of the Zoning Officer or Municipal
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
applications.
Upon filing of any proceeding referred to in §
470-117C(1) and during its pendency before the 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 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 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 Board by persons other than the applicant, the applicant may petition the court having jurisdiction of zoning appeals to order such persons to post bond as a condition to continuing the proceedings before the 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 and shall proceed in accordance with the requirements set forth in the Pennsylvania Municipalities Planning Code, as amended.