A.
Appointment of members, election of officers. The Township Supervisors
shall continue to appoint a Zoning Hearing Board consisting of three
members who are residents of the Township, and who hold no other office
in the municipality. The terms of office of each member shall be three
years and shall be so fixed that the term of office of one member
shall expire each year. Appointments to fill vacancies shall be only
for the unexpired portion of the term. Such appointment shall be effected
within 30 days of the date upon which the vacancy first occurs. At
least one but no more than three citizens of the Township may be appointed
to serve as alternate members of the Board for terms of office of
three years. Alternates shall hold no other office in the Township.
The Board shall, at its first meeting of each year, elect one member
of the Board to serve as Chairman and one member of the Board to serve
as Vice Chairman until their successors have been appointed.
B.
Removal of members. Any Zoning Hearing Board member (including alternates)
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 to take such a vote. Grounds for removal shall include the
failure of a Zoning Hearing Board member to attend three meetings
within any twelve-month period. A hearing shall be held in connection
with the vote if the member shall request it in writing.
C.
Hearings and records. Hearings of the Board shall be held at the
call of the Chairman or at the call of any two members of the Board
and at such other times as the Board may determine. Conduct of the
hearings may be governed by rules and regulations adopted by the Board
and must be in accordance with the provisions of this chapter and
the Pennsylvania Municipalities Planning Code.[1] The Chairman or, in his absence, the Vice Chairman may
administer oaths and compel the attendance of witnesses. All hearings
of the Board shall be open to the public. The Board shall keep a record
of its proceedings, showing the vote of each member upon each question,
or if absent or failing to vote, indicating such fact, and shall keep
records of its examinations and other official actions, all of which
shall be immediately filed in the office of the Board and shall be
a public record.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
D.
Authority. The Board shall have all the powers and duties prescribed
by the Pennsylvania Municipalities Planning Code, including hearing
of variances, special exceptions, appeals, and challenges to the validity
of the Township Zoning Map, as described below. The Board shall:
(1)
Approve, approve with modifications, or deny any application for a variance from the terms of this chapter pursuant to the procedures and standards for variances set forth in Article IV, § 240-14A, of this chapter, except those modifications sought from PRD (planned residential development) regulations set forth in Article VII of this chapter and those waivers requested from the subdivision and land development control requirements set forth in Article III, IV or V of Chapter 210, Subdivision and Land Development, the responsibility for which rests with the Board of Supervisors.
(2)
Hear and decide applications for uses by special exception specifically authorized by this chapter, in accordance with procedures contained in Article IV, § 240-14B of this chapter. The Board may approve a use by special exception following a public hearing conducted in accordance with the procedures specified in the Pennsylvania Municipalities Planning Code and only if all applicable requirements of this chapter and the express standards and criteria specified for the use have been met.
(3)
Hear and decide applications for the expansion of a nonconforming structure or use in accordance with procedures contained in §§ 240-14B and C of this chapter. The Board may approve expansion of a nonconforming use following a public hearing conducted in accordance with the procedures specified in the Pennsylvania Municipalities Planning Code.
E.
Administrative powers for decisions. In exercising the above-mentioned
powers, the Board may, in conformity with the provisions of this chapter,
reverse or affirm, wholly or partly, or may modify the order, requirement,
decision or determination appealed, and may make such order, requirement,
decision or determination as in its opinion should be made. Notice
of such decision shall be provided to all interested parties.
A.
Authority. The duty of administering and enforcing the provisions
of this chapter is hereby conferred in part upon the Zoning Officer,
who shall have such powers as are conferred by this chapter or any
other Township ordinance or according to law.
B.
Duties of the Zoning Officer. The duties of the Zoning Officer are
set forth as follows:
(1)
Examine all applications for permits.
(2)
Issue permits only for construction and uses in accordance with the
regulations of this chapter and other applicable ordinances as may
be subsequently amended.
(3)
Record and file all applications for permits, along with the accompanying
plans, in the Township Building.
(4)
Issue permits for uses by special exception only after such uses
and buildings are approved by the Zoning Hearing Board in accordance
with the regulations of this chapter.
(5)
Issue necessary stop-work orders.
(6)
Inspect, record and periodically examine nonconforming uses, buildings
and signs.
(7)
Upon the request of the Board of Supervisors, Planning Commission
or the Zoning Hearing Board, present such facts, records and similar
information on specific issues to assist such body in reaching its
decision.
(8)
The Zoning Officer shall have the power to institute civil enforcement
proceedings as a means of enforcement when acting within the scope
of his/her employment.
