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,[1] as amended, who shall perform all the duties and have
all the powers prescribed by state statutes and as herein provided.
[1]
Editor's Note: See 53 P.S. § 10901 et seq.
A.
The membership of the Board shall consist of three residents of the
municipality appointed by resolution by the governing body. The terms
of office of a three-member board shall be three years and shall be
so fixed that the term of office of one member shall expire each year.
B.
The governing body may appoint by resolution at least one but no more than three residents of the municipality to serve as alternate members of the Board. The term of office of an alternate member shall be three years. When seated pursuant to the provisions of § 470-113, an alternate shall be entitled to participate in all proceedings and discussions of the Board to the same and full extent as provided by law for 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 set forth in this chapter and as otherwise provided by law. Any alternate may participate in any proceeding or discussion of the Board but shall not be entitled to vote as a member of the Board nor be compensated pursuant to § 470-112 unless designated as a voting alternate member pursuant to § 470-113.
C.
Members of the Board shall hold no other office in the Township.
Alternates shall hold no other office in the municipality, including
membership on the Planning Commission and Zoning Officer.
D.
Removal. Any Board member may be removed for malfeasance, misfeasance
or nonfeasance in office or for other just cause by a majority vote
of the governing body, taken after the member has received 15 days'
advance notice of the intent to take such a vote. A hearing shall
be held if the Board member requests one in writing within 10 days
after receipt of the notice of intent to take a vote.
E.
Vacancies. The Board shall promptly notify the governing body of
any vacancies which occur. Vacancies shall be filled by appointment
by the Board of Commissioners for the unexpired term of any member
whose term becomes vacant.
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.
A.
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 § 470-119.
B.
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.
C.
The Board may make, alter and rescind rules and forms for its procedure,
consistent with ordinances of the municipality and laws of the commonwealth.
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.
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.
E.
Applications for variances from the terms of this chapter and any
flood hazard ordinance[4] or such provisions within a land use ordinance, pursuant
to Section 910.2. of the MPC[5] 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.)
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.
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.
A.
The Zoning Hearing Board shall act in strict accordance with the
procedure specified by law and by this chapter. All appeals and applications
made to the Board shall be in writing, on forms prescribed by the
Board. Every appeal or application shall refer to the specific provision
of this chapter involved and shall exactly set forth the interpretation
that is claimed, the use for which a special permit is sought or the
details of the variance that is applied for and the grounds on which
it is claimed that the variance should be granted, as the case may
be.
B.
In the event the procedures set forth in this chapter shall be in
conflict with or contrary to the procedures set forth in the Pennsylvania
Municipalities Planning Code,[1] as amended, then and in such event the procedures set
forth in the latter shall prevail.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
C.
Applications and appeals together with the required filing fee, as
established by the governing body, shall be submitted to the Zoning
Officer.
(1)
Parties appellant before the Board. Appeals under § 470-116A, B, C, D, G, H and I may be filed with the Board in writing by the landowner affected, any officer or agency of the municipality, or any person aggrieved. Requests for a variance under § 470-116E and for special exception under § 470-116F may be filed with the Board by any landowner or any tenant with the permission of such landowner.
(2)
Time limitations. No person shall be allowed to file any proceeding
with the Board later than 30 days after an application for development,
preliminary or final, has been approved by an appropriate municipal
officer, agency or body if such proceeding is designed to secure reversal
or to limit the approval in any manner unless such person alleges
and proves that he had no notice, knowledge or reason to believe that
such approval had 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.
(3)
The failure of anyone other than the landowner to appeal from an adverse decision on a tentative plan pursuant to § 470-97 or from an adverse decision by a Zoning Officer on a challenge to the validity of an ordinance or map pursuant to Section 916.2 of the MPC[2] shall preclude an appeal from a final approval except
in the case where the final submission substantially deviates from
the approved tentative approval.
[2]
Editor's Note: See 53 P.S. § 10916.2.
(4)
All appeals from determinations adverse to the landowners shall
be filed by the landowner within 30 days after notice of the determination
is issued.
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,[1] as amended.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A.
For the conduct of any hearing and the taking of any action; a quorum
shall be not less than a majority of all members of the Board. The
Board may appoint a hearing officer from its own membership to conduct
any hearing on its behalf and the parties may waive decisions or findings
by the Board and accept the decision or findings of the hearing officer
as final as provided in Section 908 of the Pennsylvania Municipalities
Planning Code,[1] as amended.
[1]
Editor's Note: See 53 P.S. § 10908.
B.
The Board shall conduct hearings and make decisions in accordance
with the following requirements:
(1)
Public notice shall be given and written notice shall be given
to the applicant, the Zoning Officer, such other persons as the governing
body shall designate by ordinance and to any person who has made timely
request for the same. Written notices shall be given at such time
and in such manner as shall be prescribed by ordinance or, in the
absence of ordinance provision, by rules of the Board. In addition
to the written notice provided herein, written notice of said hearing
shall be conspicuously posted on the affected tract of land at least
one week prior to the hearing.
(2)
The first hearing before the Board or hearing officer shall
be commenced within 60 days from the date of receipt of the applicant's
application, unless the applicant has agreed in writing to an extension
of time. Each subsequent hearing before the Board or hearing officer
shall be held within 45 days of the prior hearing, unless otherwise
agreed to by the applicant in writing or on the record. An applicant
shall complete the presentation of his case-in-chief within 100 days
of the first hearing. Upon the request of the applicant, the Board
or hearing officer shall assure that the applicant receives at least
seven hours of hearings within the 100 days, including the first hearing.
Persons opposed to the application shall complete the presentation
of their opposition to the application within 100 days of the first
hearing held after the completion of the applicant's case-in-chief.
An applicant may, upon request, be granted additional hearings to
complete his case-in-chief, provided the persons opposed to the application
are granted an equal number of additional hearings. Persons opposed
to the application may, upon the written consent or consent on the
record by the applicant and municipality, be granted additional hearings
to complete their opposition to the application, provided the applicant
is granted an equal number of additional hearings for rebuttal.
(3)
The hearings shall be conducted by the Board or the 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 Board; however,
the appellant or the applicant, as the case may be, in addition to
the municipality, may, prior to the decision of the hearing, waive
decision or findings by the Board and accept the decision or findings
of the hearing officer as final.
(4)
The parties to the hearing shall be the municipality, any person
affected by the application who has made timely appearance of record
before the Board and any other person including civic or community
organizations permitted to appear by the Board. The Board shall have
power to require that all persons who wish to be considered parties
enter appearances in writing on forms provided by the Board for that
purpose.
(5)
The Chairman or Acting Chairman of the 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.
(6)
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.
(7)
Formal rules of evidence shall not apply, but irrelevant, immaterial
or unduly repetitious evidence may be excluded.
(8)
The Board or the hearing officer, as the case may be, shall
keep a stenographic record of the proceedings. The appearance fee
for a stenographer shall be shared equally by the applicant and the
Board. The cost of the original transcript shall be paid by the Board
if the transcript is ordered by the Board or hearing officer or shall
be paid by the person appealing from the decision of the Board if
such appeal is made, and in either event the cost of additional copies
shall be paid by the person requesting such copy or copies. In other
cases, the party requesting the original transcript shall bear the
cost thereof.
(9)
The 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, except advice from their
solicitor, unless the parties are afforded an opportunity to contest
the material so noticed and shall not inspect the site or its surroundings
after the commencement of hearings with any party or his representative
unless all parties are given an opportunity to be present.
(10)
The 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 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 reasons therefor.
Conclusions based on any provisions of this chapter or of any ordinance,
rule or regulation shall contain a reference to the provision relied
on and the reasons 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 Board shall make his report and recommendations available
to the parties within 45 days and the parties shall be entitled to
make written representations thereon to the Board prior to final decision
or entry of findings, and the Board's decision shall be entered no
later than 30 days after the report of the hearing officer. Except
for challenges filed under Section 916.1 of the MPC,[2] where the Board fails to render the decision within the period required by this subsection or fails to commence, conduct or complete the required hearing as provided in Subsection B(2), the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the Board to meet or render a decision as hereinabove provided, the 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 as provided in Subsection B(1) of this section. If the 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.
[2]
Editor's Note: See 53 P.S. § 10916.1.
(11)
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 not later than the day following its date. To all
other persons who have filed their name and address with the Board
not later than the last day of the hearing, the 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.
(12)
The governing body may prescribe reasonable fees with respect
to hearings before the Zoning Hearing Board. Fees for said hearings
may include compensation for the secretary and members 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.
