[Ord. 11/25/2003, § 1900]
1. Zoning Hearing Board Jurisdiction. Except as provided for in Subsection
2, the Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudications in the following matters:
A. Challenges to the validity of this chapter.
B. Appeals from the determination of the Zoning Officer.
C. Applications for special exceptions or variances.
2. Board of Supervisors Jurisdiction. The Board of Supervisors shall
have exclusive jurisdiction to hear and render final adjudications
in the following matters:
A. Applications for conditional uses, in accordance with Part 18.
B. Applications for curative amendments pursuant to the Pennsylvania
Municipalities Planning Code.
C. Petitions for amendments to this chapter pursuant to Part
20.
[Ord. 11/25/2003, § 1901]
1. 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."
2. 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.
3. 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.
4. Powers and Duties. The Board shall have the following powers:
A. 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.
B. 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.
C. 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.
D. Other matters as provided for in the Pennsylvania Municipalities
Planning Code.
E. 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.
5. Burden of Proof - Special Exceptions. An applicant for a special
exception shall have the burden of establishing:
A. That his application falls within the provisions of the Part that
accords to an applicant the right to seek a special exception.
B. That allowance of the special exception will not be contrary to the
public interest.
6. Burden of Proof - Variances. An applicant for a variance shall have
the burden of establishing:
A. That a literal enforcement of provisions of this chapter will result
in unnecessary hardship, as that term is defined by law, including
court decisions.
B. That allowance of the variance will not be contrary to the public
interest.
7. 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:
A. Be detrimental to appropriate use of adjacent properties.
B. Cause undue congestion of pedestrian or vehicular traffic.
C. Endanger the safety of persons or property by improper location or
design of facilities for ingress or egress.
D. Increase the danger of fire or otherwise endanger the public safety.
E. Overcrowd the land or create an undue concentration of population.
F. Impair an adequate supply of light and air to adjacent property.
G. Adversely affect transportation or unduly burden water, sewer, school,
park, or other public facilities.
H. Adversely affect the public health, morals, safety, or general welfare.
I. Run counter to the spirit and purpose of this chapter.
8. 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:
A. 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.
B. 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.
C. Determine that the proposed change will serve the best interests
of the Township and the public welfare.
D. 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.
E. 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.
F. Be guided in its study, review, and recommendation by sound standards
of subdivision practice, where applicable.
G. 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.
H. 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.
9. 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.
[Ord. 11/25/2003, § 1902; as amended Ord. 2013-150,
6/26/2013, § 7]
1. General. The administration, notice of, and conduct of any hearing
held by the Zoning Hearing Board or the Township, as applicable, shall
be in accordance with the procedures provided for in Article IX of
the Pennsylvania Municipalities Planning Code, as amended from time
to time (see 53 P.S. § 10901 et seq.), the requirements
of which are made a part hereof and incorporated herein by reference.
In addition the Board of Supervisors may, from time to time, establish
additional notice requirements by resolution.
2. Notice. Notice of any hearing shall be provided in accordance with
Article IX of the Pennsylvania Municipalities Planning Code, as amended
from time to time (see 53 P.S. § 10901 et seq.), the requirements
of which are made a part hereof and incorporated herein by reference.
In addition to the applicant and Zoning Officer, the Township Planning
Commission, Zoning Hearing Board, and Board of Supervisors shall receive
written notice of the hearing. Written notice shall be provided at
least two weeks prior to the hearing.
3. Notice Content. The written notice shall state the general nature
of the request or proposal and shall state the location of the building(s)
or lot(s) that is the subject of the request or proposal and set forth
the general nature of the issue involved.
4. Appeals. Any person aggrieved by any decision of the Board of Supervisors
or Zoning Hearing Board may appeal to the Court of Common Pleas of
Adams County in accordance with the procedures provided for in Article
X-A of the Pennsylvania Municipalities Planning Code, as amended from
time to time (see 53 P.S. § 11001-A et seq.).