[Ord. 146, 1/10/2008]
Any Zoning Hearing Board member may be removed for malfeasance,
misfeasance or nonfeasance in office or for other just cause by majority
vote of the Board of Supervisors, taken after the member has received
15 days advance notice of the intent to take such a vote. A public
hearing shall be held in connection with the vote if the member shall
request it in writing.
[Ord. 146, 1/10/2008]
The Zoning Hearing Board shall elect its officers from its own
membership, 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 two members, but the Zoning Hearing Board may
appoint a hearing officer from its own membership to conduct any hearings
on its behalf. In such a case, the parties may, prior to the decision,
waive a decision by the Zoning Hearing Board and accept the decision
of the hearing officer as provided in the MPC, as amended. The Zoning
Hearing 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 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
Board of Supervisors as requested by the Board of Supervisors.
[Ord. 146, 1/10/2008]
Within the limits of funds appropriated by the Board of Supervisors,
the Zoning Hearing Board may employ or contract for secretaries, clerks,
zoning officers, legal counsel, consultants and other technical and
clerical services. Members of the Zoning Hearing Board may receive
compensation for the performance of their duties, as may be fixed
by the Board of Supervisors, but in no case shall it exceed the rate
of compensation authorized to be paid to the members of the Board
of Supervisors.
[Ord. 146, 1/10/2008; as Amended by Ord. 158, 4/6/2010, § 27]
The public hearing shall commence within 60 days of the filing
of an administratively complete application. Public notice, as defined
herein, of the public hearing, shall be advertised and posted as required
by the MPC, and in addition thereto, the Zoning Hearing Board shall
post at least one copy of the notice on the affected property. Public
hearings shall be conducted and held in accordance with the applicable
provisions of the MPC. The Zoning Hearing Board shall comply with
all requirements of Article IX of the MPC regarding conduct of hearings.
[Ord. 146, 1/10/2008; as amended by Ord. 158, 4/6/2010, § 28]
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 those challenges brought before the Board of Supervisors pursuant
to §§ 609.1 and 916.1(a)(2) of the MPC.
B. 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 enforcement notice
or the registration or refusal to register any nonconforming use,
structure or lot.
C. Appeals from a determination by the Township Engineer or the Zoning Officer, with reference to the administration of the Township Stormwater Ordinance [Chapter 26, Part
1].
D. Appeals for variances of the terms of this chapter and the Township Floodplains Ordinance [Chapter
8].
E. Appeals from the Zoning Officer's preliminary opinion determination
as authorized by § 916.2 of the MPC.
F. Applications for special exceptions under this chapter or the floodplain
management ordinance.
G. Applications for the extension or expansion of legally existing nonconforming
use.
[Ord. 146, 1/10/2008; as amended by Ord. No. 184, 10/2/2018]
An application for relief from the Zoning Hearing Board shall
be filed with the Township Secretary on a form prescribed by the Township.
The Township Secretary shall forward the application to the Zoning
Hearing Board, which shall set a time and place for the hearing. The
application shall not be considered to be administratively complete
until all items required by this chapter and the application form,
including the application fee and/or deposit, have been received by
the Township.
[Ord. 146, 1/10/2008; as amended by Ord. No. 184, 10/2/2018]
1. The Zoning Hearing Board shall hear requests for variance where it
is alleged that the provision(s) of this chapter inflict unnecessary
hardship upon the applicant pursuant to § 910.2 of the MPC,
53 P.S. § 10910.2.
2. The Zoning Hearing 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.
3. In granting a variance, the Zoning Hearing Board may attach such
reasonable conditions and safeguards as it may deem necessary to implement
the purposes of this chapter and the MPC.
[Ord. 146, 1/10/2008]
Appeals under §§ 27-2007.1.B, 27-2007.1.C, 27-2007.1.D, 27-2007.1.F and 27-2007.1.G may be filed with the Board in writing by the landowner affected, by any officer or agency of the Township or any person aggrieved. Request for a variance under §
27-2008 may be filed with the Zoning Hearing Board only by a landowner or any tenant with the permission of such landowner.