[Ord. 5/26/1987, § 2100]
A Zoning Hearing Board is established in order that the objectives
of this chapter may be fully and equitably achieved and that a means
for competent interpretation of this chapter be provided.
[Ord. 5/26/1987, § 2101; as amended by Ord. 124,
7/18/1989, Art. 3]
a. The Zoning Hearing Board shall, upon the determination of the Board
of Supervisors, consist of either three or five residents of the Township
appointed in accordance with § 903 of the Municipalities
Planning Code, as amended. Members of the Board shall hold no other
office in the Township.
b. The Board of Supervisors may appoint, by resolution, at least one
but not more than three residents of the Township to serve as alternate
members of the Board in accordance with § 903 of the Municipalities
Planning Code, as amended.
[Ord. 5/26/1987, § 2102]
Any Board member may be removed for malfeasance, misfeasance
or nonfeasance in office or for other just cause by a majority vote
of the Board of Supervisors which appointed the member taken after
the member has received 15 days' advance notice of the intent to take
such a vote. A hearing shall be held in connection with the vote if
the member shall request it in writing.
[Ord. 5/26/1987, § 2104]
Upon appeal from a decision by the Zoning Officer, the Zoning
Hearing Board shall decide any questions:
a. Involving the interpretation of any provisions of this chapter, including
determination of the exact location of any district boundary if there
is uncertainty with respect thereto.
b. Where it is alleged there is error in any order, requirement, decision
or determination including any order requiring an alleged violation
to stop, cease and desist made by the Zoning Officer in the enforcement
of this chapter.
c. An appeal of the decision of the Zoning Officer will not act as a
stay of a cease and desist order.
[Ord. 5/26/1987, § 2105; as amended by Ord. 124,
7/18/1985, Art. 4]
a. Applicability. Upon appeal from a decision by the Zoning officer,
the Zoning Hearing Board shall have the power to vary or adapt the
strict application of any of the requirements of this chapter where,
by reason of exceptional narrowness, shallowness or shape of a specific
piece of property at the time of the enactment of this chapter or
by reason of exceptional topographic conditions or other extraordinary
and exceptional situation or condition on such piece or property,
the strict application of any regulation enacted under this chapter
would result in peculiar and exceptional and undue hardship upon the
owner of such property, but in no other case.
b. Condition. In general, the power to authorize a variance from the
terms of this chapter shall be sparingly exercised and only under
peculiar and exceptional circumstances.
c. Requirement and Standards. No variance in the strict application
of the provisions of this chapter shall be granted by the Board unless
the Board finds that the requirements and standards are satisfied.
The applicant must prove that the variance will not be contrary
to the public interest and that practical difficulty and unnecessary
hardship will result if it is not granted. In particular, the applicant
shall establish and substantiate that the request for the variance
is in conformance with all the requirements and standards listed below:
(1)
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.
(2)
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.
(3)
Such unnecessary hardship has not been created by the applicant,
or that the applicant, at the time that he purchased the property
was not aware or could not reasonably have been expected to be aware
of the zoning classification and restrictions placed on the property
or the circumstances giving rise to the hardship.
(4)
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.
(5)
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.
d. Life of Decision. A variance granted by the Zoning Hearing Board
in accordance with this section shall expire at the end of one year
from the date of decision, unless the applicant or owner has commenced
construction or otherwise executed upon the grant of approval within
that time.
In granting any variance, the Board may attach reasonable conditions
and safeguards as it may be necessary to implement the purposes of
this act in this chapter.
[Ord. 5/26/1987, § 2106; as amended by Ord. 124,
7/18/1989, Art. 4]
a. Applicability. The Zoning Hearing Board shall have the power to approve
special exceptions when this chapter specifically requires the obtaining
of such approval and for no other use or purpose.
b. Conditions and Standards. In granting a specific exception, the Zoning
Hearing Board shall make findings of fact consistent with the provisions
of this chapter. The Board shall not approve a special exception except
in conformance with the conditions and standards outlined in this
chapter.
c. The General Requirements and Standards Applicable to All Special
Exceptions. The Board shall grant a special exception only if it finds
adequate evidence presented by the applicant that proposed special
exception is duly authorized under provisions of this chapter; that
the application falls within the terms of the specific provisions
allowing for special exceptions; and that the proposed use complies
with all other requirements of this chapter. The Zoning hearing Board
shall refuse an application for special exception where opponents
to the application establish by a preponderance of evidence that the
application is contrary to the health, safety and morals of general
welfare of the community at large. The Zoning Hearing Board, in granting
a special exception, may attach such reasonable conditions and safeguards
as it may deem necessary to implement the purpose of this chapter.
The Board shall, among other things, require that any proposed use
and location be:
(1)
In accordance with the Township Comprehensive Plan and consistent
with the spirit, purposes and the intent of this chapter.
(2)
In the best interests of the Township, the convenience of the
community, the public welfare.
(3)
Suitable for the property in question and designed, constructed,
operated and maintained so as to be in harmony with and appropriate
in appearance to the existing or intended character of the general
vicinity.
(4)
In conformance with all applicable requirements of this chapter.
(5)
Suitable in terms of effects on highway traffic and safety with
adequate access arrangement to protect streets from undue congestion
and hazard.
(6)
In accordance with sound standards of subdivision and land development
where applicable.
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The Zoning Hearing Board may impose whatever conditions regarding
layout, circulation and performance it deems necessary to ensure that
any proposed development will secure substantially the objectives
of this chapter.
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d. In addition to the requirements specified in this chapter, the applicant
shall provide the additional information required below and any information
necessary for the Zoning Hearing Board to make its evaluation:
(1)
Use A9 Farm Support Facility.
(a)
Evaluate the adequacy of the buffer requirements of §
27-1905.
(b)
Evaluate the location of driveways and loading and unloading
areas in relation to adjacent uses, as well as their adequacy.
(2)
Uses B3 Performance Standard Development and B4 Mobile Home
Park.
(a)
Evaluate the adequacy of the buffer requirements of §
27-1905.
(b)
Provide transportation, water and sewage facilities impact studies.
(3)
Use B8 Rooming or Boarding House.
(a)
Evaluate its compatibility with adjacent uses.
(b)
Provide means to ensure that the number of occupants will not
exceed the maximum permitted by § 27-304(B8)(d).
(4)
Use B10e Accessory Family Day Care.
(a)
Ensure that outdoor play areas will not negatively impact adjacent
properties.
(b)
Provide the means to ensure that the number of children does
not exceed the maximum permitted under § 27-304(B10b)(5).
(c)
Certify that appropriate fencing will be provided when required
in accordance with § 27-304(B10e)(5)(e).
(5)
Use B10g Repair Services and Other Home Occupations.
(a)
Provide general information concerning the proposed activity.
(b)
Show the location of the office and storage area and the square
footage devoted to each.
(c)
Indicate how the proposed activity will comply with the requirements
of § 27-304(B10a(8), dealing with nuisance standards.
(6)
Use C4 Hospital.
(a)
Identify all accessory uses.
(b)
Method of stormwater management.
(c)
Method to abate impacts on surrounding residential properties.
(d)
Provide transportation, sewage facilities and water impact studies.
(7)
Use C6 Cemetery.
(a)
Indicate type of cemetery.
(b)
Identify all accessory uses.
(c)
Submit a site plan showing the
following minimum information:
(1) The placement of all structures and parking spaces.
(2) The location of any natural resources (listed in §
27-1900 of this chapter) on the site.
(3) The areas designated for burial plots showing any
proposed groupings of burial plots.
(4) A macadam walkway system at least 42 inches in
width to access the burial plots.
(5) The location of the ultimate right-of-way.
(6) The location of the setback lines.
(7) The location and description of buffer plantings.
(8)
Use F1 Commercial School.
(b)
Identify all accessory uses.
(c)
Method to abate impacts on adjacent residential properties.
(9)
Uses F9 Eating Place, F11 Tavern and F23 Inn.
(a)
Show that proposed use will have adequate access and parking.
(b)
Indicate how parking areas will be screened from view of adjacent
residential properties.
(c)
Method of stormwater management.
(d)
Uses F9 and F11 shall specify hours of operation and methods
to abate impacts on surrounding residential properties, particularly
after 9:00 p.m.
(e)
Use F23 shall provide certification of sewage facilities.
(10)
Use F13 Indoor Entertainment.
(a)
Specify uses and activities.
(b)
Specify hours of operation.
(c)
Show that proposed use will have adequate access and parking.
(d)
Method to abate impacts on adjacent residential properties.
(11)
Uses F19 Cottage Development or Private Camp and F20 Recreational
Camping Park.
(a)
Identify specific uses and activities.
(b)
Specify location of outdoor activities; and Zoning Hearing Board should determine if buffer requirements of §
27-1905 need to be supplemented.
(c)
Method to abate impacts on surrounding residential properties.
(d)
Provide a means to ensure that the lengths of occupants' stays
do not exceed the requirements of § 27-304(F19)(a) and (F20)(a)(3).
(e)
Provide water impact study and sewage facilities impact statement.
(f)
Show access for emergency vehicles.
(12)
Use F22 Motel-Hotel.
(a)
Identify all accessory uses.
(b)
Method of stormwater management.
(c)
Provide transportation, water and sewage facilities impact studies.
(13)
Uses F25 Service Station or Car Washing Facility, F27 Automobile
Repair, F28 Automotive Accessories and F29 Truck and Farm Equipment
Sales.
(a)
Determine if the buffer requirements of §
27-1905 need to be supplemented.
(b)
Show where junk vehicles, parts and refuse are to be stored.
(c)
Determined if any improvements are necessary for noise abatement.
(d)
If a car-washing facility is proposed as part of Use F25, a
water impact study shall be provided.
(14)
Use H10 Fuel Storage.
(a)
Show method for containing fuel spills.
(b)
Evaluate adequacy of access.
(c)
Specify what and where equipment is to be stored on the site.
(d)
Determine if the buffer requirements of §
27-1905 need to be supplemented.
(e)
Show how proposed activity will comply with requirements of
Part 16.
(15)
Uses H11 Junkyard, H12 Extractive Operation, H14 Resource Recovery
Facility and H15 Solid Waste Landfill.
(a)
Show that the proposed activity can meet the requirements of §
27-304.
(b)
Uses H12, H14 and H15 shall provide a transportation impact
study.
(c)
Uses H12, H14 and H15 shall provide a water impact study.
(16)
Use 15 Oil and Gas Drilling.
(a)
Provide a water impact study.
(b)
Show method for containing spills.
(c)
Method for abating impacts on neighboring properties.
(d)
Specify what and where equipment is to be stored on the site.
(e)
Determine the need for buffering or screening.
e. Life of Decision. A special exception granted by the Zoning Hearing
Board in accordance with this section shall expire at the end of one
year from the date of decision, unless the applicant or owner has
commenced construction or otherwise executed upon the grant of approval
within that time.
[Ord. 5/26/1987, § 2107]
The Board shall hear challenges to the validity of this chapter or map, except as indicated in Act 247, §§ 1003 and 1004(1)(b). In all such challenges, the Board shall take evidence and make a record thereon as provided in §
27-2402(d) of this chapter. At the conclusion of the hearing, the Board shall decide all contested questions and shall make findings on all relevant issues of fact which shall become part of the record on appeal to the court.
[Ord. 5/26/1987, § 2108]
Where the Board has jurisdiction over a zoning matter pursuant to §§
27-2304,
27-2305 and
27-2307, the Board shall also hear all appeals which an applicant may elect to bring before it with respect to any Township ordinance or requirement pertaining to the same development plan or development. In any such case, the Board shall have no power to pass upon the nonzoning issues, but shall take evidence and make a record thereon as provided in §
27-2402(d). At the conclusion of the hearing, the Board shall make findings on all relevant issues of fact which shall become a part of the record on appeal to the court.
[Ord. 5/26/1987, § 2109]
In exercising the above-mentioned powers, the Zoning Hearing
Board may in conformity with law and the provisions of this chapter,
reverse or affirm, wholly or partly, or may modify the order, requirement,
decision or determination appealed from and may make such order, requirement,
decision or determination as in its opinion ought to be made. Notice
of such decision shall forthwith be given to all parties in interest.
[Ord. 5/26/1987, § 2111]
Appeals to the Zoning Hearing Board may be taken by any person
or Township official aggrieved or affected by any provision of this
chapter or by any decision, including any order to stop, cease and
desist issued by the Zoning Officer in enforcing the provisions of
this chapter.
[Ord. 5/26/1987, § 2112; as amended by Ord. 124,
7/18/1989, Art. 6]
Hearings shall be opened to the public and shall be at the call
of the chairman and at such other times as the Board shall specify
in its rules of procedure, subject to the following provisions:
a. Public notice for all hearings shall be published once each week
for two successive weeks in a newspaper of general circulation in
the Township. Such notice shall state the time and place of the hearing
and the particular nature of the matter to be considered at the hearing.
The first publication shall not be more than 30 days and the second
publication shall not be less than seven days from the date of the
hearing.
b. Written notice shall be given to the applicant, the Zoning Officer
and such other persons as the Board of Supervisors 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.
c. Written notice of hearing shall be conspicuously posted on the affected
tract of land at least one week prior to the hearing.
d. The hearing shall be held within 60 days from the date of the applicant's
request, unless the applicant has agreed in writing to an extension
of time.
[Ord. 5/26/1987, § 2113]
Any persons aggrieved by any decision of the Zoning Hearing
Board or the Board of Supervisors may, within 30 days after such decision
of the Board, appeal to the Court of Common Pleas of Bucks County,
by petition duly verified, setting forth that such decision is arbitrary,
capricious, an abuse of discretion or otherwise not in accordance
with law and specify the grounds upon which he relies. Such appeals
shall be made in accordance with Part 10 of the Pennsylvania Municipalities
Planning Code.
[Ord. 5/26/1987, § 2115]
The applicant for any hearing before the Zoning Hearing Board
shall at the time of making application, pay to the Zoning Officer,
for the use of the Township, a fee in accordance with a fee schedule
adopted by resolution of the Board of Supervisors upon enactment of
this chapter or as such schedule may be amended from time to time.
In addition, as escrow deposit may be required. The escrow deposit
requirements shall be set from time to time by resolution of the Board
of Supervisors.