Township of Cumberland, PA APPEALS

[Ord. 11/25/2003, § 1901]

Appointment. The Board of Supervisors shall appoint a Zoning Hearing Board consisting of three members who shall be residents of the township. The members of the Zoning Hearing Board shall be removable for cause by a majority vote of the Board of Supervisors upon written charges and after a public hearing. The word "Board" when used in this section shall mean the "Zoning Hearing Board."

Terms of Office. The terms of office of the Board shall be three years and shall be so fixed that the term of office of one member of a Board shall expire each year. Appointments to fill vacancies shall be only for the unexpired portion of the term. Members of the Board shall hold no other office in the municipality.

Alternate Members. Alternate members may be appointed by the Board of Supervisors as provided for under the Pennsylvania Municipalities Planning Code. When seated pursuant to the Pennsylvania Municipalities Planning Code, an alternate shall be entitled to participate in all proceedings and discussions of the Board.

Powers and Duties. The Board shall have the following powers:

Appeals and Interpretations. To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this chapter. To interpret upon the words, terms, rules, regulations, provisions, and restrictions of this chapter where there is doubt as to the meaning thereof; including determination in specific instances whether questionable uses are permitted by virtue of being "similar to" or "customarily incidental to" permitted uses as provided by this chapter.

Special Exceptions. To hear and decide special exceptions to the terms of this chapter, in such cases as are herein expressly provided for, with power to impose appropriate conditions and safeguards.

Variances:

(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 appellant.

(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)

In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of the Pennsylvania Municipalities Planning Code and this chapter.

Other matters as provided for in the Pennsylvania Municipalities Planning Code.

To herein decide special exceptions and/or variances required for applications for land development and/or subdivision only after a sketch plan prepared for said land development and/or subdivision application has been reviewed by the Cumberland Township Planning Commission. The sketch plan may be an approximate drawing but should generally be drawn to a scale of either 50 or 100 feet to the inch and shall contain at least the following information:

(1)

The location, size, and topography of the site and the nature of the applicant's interest in the land proposed to be developed.

(2)

The intensity of land use to be allocated to various parts of the site as well as the number of dwelling units and square footage contemplated.

(3)

The use and approximate location, height, and bulk of buildings and other structures.

(4)

A written statement of a qualified professional concerning the feasibility of proposals for sewerage, water supply, and stormwater management, but not to include drawings.

(5)

The substance of protective covenants, grants, or easements or other restrictions intended to be imposed upon the land, or the use of the land, buildings, and other structures including proposed easements or grants for public utilities.

(6)

The provisions to be made for parking of vehicles, and the location, width, and general alignment of streets and public ways.

(7)

The required modifications in the Township regulations that would otherwise be applicable to the subject property.

(8)

The approximate tract boundary, north point, names of adjoining property owners, name and location of all abutting streets and utilities, and the location of any significant topographical and physical features and any historic resources.

Burden of Proof - Special Exceptions. An applicant for a special exception shall have the burden of establishing:

That his application falls within the provisions of the Part that accords to an applicant the right to seek a special exception.

That allowance of the special exception will not be contrary to the public interest.

Burden of Proof - Variances. An applicant for a variance shall have the burden of establishing:

That a literal enforcement of provisions of this chapter will result in unnecessary hardship, as that term is defined by law, including court decisions.

That allowance of the variance will not be contrary to the public interest.

Public Interest Criteria. In determining whether the allowance of a special exception or a variance is contrary to the public interest, the Zoning Hearing Board shall consider whether the application, if granted, will:

Be detrimental to appropriate use of adjacent properties.

Cause undue congestion of pedestrian or vehicular traffic.

Endanger the safety of persons or property by improper location or design of facilities for ingress or egress.

Increase the danger of fire or otherwise endanger the public safety.

Overcrowd the land or create an undue concentration of population.

Impair an adequate supply of light and air to adjacent property.

Adversely affect transportation or unduly burden water, sewer, school, park, or other public facilities.

Adversely affect the public health, morals, safety, or general welfare.

Run counter to the spirit and purpose of this chapter.

General Standards. In any instance where the Zoning Hearing Board shall consider a special exception or variance in accordance with the provisions of this chapter, the Board shall, among other things:

Consider the suitability of the property for the use desired and assure itself that the proposed change is consistent with the spirit, purpose, and intent of this chapter.

Determine that the proposed change will not substantially injure or detract from the use of neighboring property nor from the character of the neighborhood and that the use of the property adjacent to the area including the proposed change or plan is adequately safeguarded.

Determine that the proposed change will serve the best interests of the Township and the public welfare.

Consider the effect of the proposed change upon the logical, efficient, and economical extension of public services and facilities such as public water, sewers, police and fire protection, and public schools.

Consider the suitability of the proposed location of an industrial or commercial use with respect to probable effects upon highway traffic, and assure adequate access arrangements in order to protect all streets from undue congestion and hazard.

Be guided in its study, review, and recommendation by sound standards of subdivision practice, where applicable.

Impose such conditions, in addition to those specifically required in accordance with individual district regulations, as are necessary to assure that the intent of this chapter is complied with, which conditions may include, but are not limited to, harmonious design of buildings, planting and its maintenance as a sight or sound screen, the minimizing of noxious, offensive, or hazardous elements, and adequate standards of parking and sanitation.

Impose such conditions on the application for Special Exception or Variance as are necessary to assure that the Board has adequate information on which to base a decision, which conditions may include, but are not limited to, the submission of traffic, water, storm drainage, sanitary sewer, and historic and environmental resources studies.

Procedures. The Board shall adopt rules of procedure for filing appeals or applications for special exceptions or variances. All appeals and applications shall refer to the specific provision of this chapter involved, and shall exactly set forth the interpretation that is claimed; the use for which the special exception 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.

10.

Notice of Decision. The nature of any special exception or variance authorized by the Zoning Hearing Board and any conditions attached thereto shall be recorded on a notice of decision. All such decisions and conditions are enforceable in the same manner as other provisions of this chapter.

11.

Meetings. Meetings of the Board shall be held at the call of the chairman and at such 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 minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the Board and shall be a public record.

12.

Technical Assistance. The Zoning Hearing Board, in considering any matter within its jurisdiction, may consult with the Cumberland Township Planning Commission, other municipal boards and commissions, the Adams County Office of Planning and Development, or any other specialist or groups of specialists having expert knowledge of the matter under consideration.

13.

Expiration of Special Exceptions and Variances. Unless otherwise specified by the Board, a special exception or variance shall expire if the applicant fails to obtain a building permit within 12 months of the date of the granting of the special exception or variance.