[Ord. 6/20/1979]
There shall be a Zoning Hearing Board consisting of three residents
of the Township who shall be appointed by the Board of Supervisors;
and the Board of Supervisors shall appoint one such member to serve
until the first day of January following the effective date of this
chapter, one until the first day of the second January thereafter,
and one until the first day of the third January thereafter, and the
Board of Supervisors shall appoint their successors on the expiration
of their respective terms to serve for three years, and shall fill
any vacancy for the unexpired portion of such vacant term. The Board
of Supervisors may reappoint members at the expiration of their term.
Members of the Board shall hold no other office in the Township. Any
member of the Board 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 Board member has received
15 days advance written notice of the intent to take such a vote,
and a hearing shall be held in connection with such vote if the member
shall so request in writing.
[Ord. 6/20/1979]
The Board shall elect from its own membership, its officers,
who shall serve annual terms and may succeed themselves. For the conduct
of any hearing and the taking of any action a quorum shall be required,
consisting of not less than a majority of all the members of the Board;
but, where any two members are disqualified to act in a particular
matter, the remaining member may act for the Board. The Board may
make, alter and rescind rules and forms for its procedure, consistent
with this chapter, and the laws of the Commonwealth of Pennsylvania.
The Board shall keep full public records of its business and shall
submit a report of its activities to the Board of Supervisors once
each year. Within the limits of funds appropriated by the Board of
Supervisors, the Board may employ or contract for secretaries, clerks,
attorneys, consultants and other technical and clerical services.
However, the Solicitor for the Zoning Hearing Board shall be a different
individual than the Solicitor for the Board of Supervisors. Members
of the 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. 6/20/1979]
1.
The Board shall conduct hearings and make decisions in the following
manner:
A.
All hearings shall be public, except that the Board after a hearing
shall be concluded, may conduct its deliberation in executive session.
B.
Notice of hearings shall be given to the public, and to the persons
hereinafter designated in the following manner:
(2)
To the applicant, the Zoning Officer, the Township Secretary,
each member of the Planning Commission, each member of the Board of
Supervisors, to owners of properties adjacent to the affected tract
of land, and all parties in interest, or their counsel, if such counsel
shall have filed appearance with the Board, by mailing notice of the
time, place and purpose of the hearing at least seven days in advance
of the date fixed for hearing;
(3)
Notice of hearings, both published and written, shall state,
in addition to the time, place and purpose of the hearing, the location
of the lot, tract or structure involved, and the nature and extent
of the relief sought, and the general nature of the question involved.
Notice of said hearing shall be conspicuously posted on the affected
tract of land. Written notice of the hearing shall likewise be conspicuously
posted on the affected tract of land at least one week prior to the
hearing.
(4)
In the event more than one hearing is required to consider any application, or a hearing is continued while in progress to another date, announcement at the hearing to be continued shall be deemed adequate notice of said continued or subsequent hearing. In the event the date or time of the second hearing is changed, then public notice must again be provided as set forth in Subsection 1B(1) and (2), herein. If for any reason the continued hearing is not held within 45 days of the first hearing, then notice must be provided in accordance with Subsection 1B(1) and (2), herein.
(5)
A hearing shall be held within 60 days of the date of the applicant's
request, unless the applicant has agreed in writing to an extension
of time.
C.
Hearings shall be conducted by the Board and the Chairman, or in
his absence, the acting Chairman, shall administer oaths, and may
issue subpoenas to compel the attendance of witnesses and the production
of relevant documents and papers, including witnesses and documents
requested by the parties.
D.
The parties to the hearings shall be the Township, any person affected
by the application who has made a timely appearance of record before
the Board, and any other person, including civic or community organizations,
permitted to appear by the Board. All persons who wish to be considered
parties must enter appearances in writing.
E.
The parties shall have the right to be represented by counsel and
shall be afforded the opportunity to respond and present evidence,
and cross-examine adverse witnesses; formal rules of evidence shall
not apply, but irrelevant, immaterial or unduly repetitious evidence
may be excluded; and, the Board shall keep a stenographic record of
the proceedings, and a transcript of the proceedings and copy of graphic
or written material received in evidence shall be made available to
any party at cost.
F.
The Board shall not communicate, directly, or indirectly, with any
party or his representatives in connection with any issue involved,
except upon notice, and opportunity for all parties to participate;
shall not take notice of any communication, reports, staff memoranda
or other materials unless the parties are afforded an opportunity
to contest the material so noticed; and shall not inspect the site
or its surroundings after the commencement of hearings, with any party
or his respective counsel unless all parties are given an opportunity
to be present.
G.
The Board shall render a written decision, or when no decision is
called for, make written finding on the application within 45 days
after the last hearing before the Board. Each decision shall be accompanied
by findings of fact and conclusions based thereon, together with the
reasons therefore. Conclusions based on any Township ordinance, rule
or regulation shall contain a reference to the provision relied on
and the reasons why the conclusion is deemed appropriate in the light
of the facts found. Where the Board fails to render a decision within
the period required, the decision shall be deemed to have been rendered
in favor of the applicant, unless the applicant has agreed in writing
to an extension of time.
H.
A copy of the final decision or, where no decision is called for,
of the findings, shall be delivered to the applicant personally or
mailed to him not later than the day following its date; and, to all
other persons who have filed their names and addresses with the Board
not later than the last day of the hearing, the Board shall provide,
by mail or otherwise, the decision or findings, and a statement of
the place where the full decisions or findings may be examined.
[Ord. 6/20/1979]
1.
The Board shall have and perform the following functions:
A.
Appeals from Zoning Officer. The Board shall hear and decide appeals
where it is alleged by the appellant that the Zoning Officer has failed
to follow prescribed procedures or has misinterpreted or misapplied
any provision of any ordinance or map, or any rule or regulation governing
the action of the Zoning Officer.
B.
Variances. 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 grant a variance provided the following
findings are made where relevant in a given case:
(1)
That there are unique physical circumstances or conditions,
including irregularity, narrowness or shallowness of lot size or shape,
or exceptional topographical or other physical condition 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)
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.
(3)
That such unnecessary hardship has not been created by the applicant.
(4)
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.
(5)
That the variance, if authorized, will represent the minimum
variance that will afford relief, and will represent the least modification
possible of the regulation or ordinance in issue; and in granting
any variance, the Board may attach such reasonable conditions and
safeguards as it may deem necessary to implement the purposes of this
chapter.
C.
Substantive challenges to the validity of any land use ordinance,
except those brought before the governing body pursuant to §§ 609.1
and 916.1(a)(2) of the Pennsylvania Municipalities Planning Code,
53 P.S. §§ 10609.1, 10916.1(a)(2).
D.
Challenges to the validity of any land use ordinance raising procedural
question or alleged defects in the process of enactment or adoption
which challenges shall be raised by an appeal taken within 30 days
after the effective date of said ordinance. Where the ordinance appealed
from is the initial zoning ordinance of the Township and a Zoning
Hearing Board has not been previously established, the appeal raising
procedural questions shall be taken directly to court.
E.
Appeals from a determination by a municipal engineer or the Zoning
Officer with reference to the administration of any floodplain or
flood hazard ordinance or such provisions within the zoning or subdivision
and land development ordinance.
F.
Applications for special exception under the zoning ordinance or
floodplain or flood hazard provisions of the ordinances or such provisions
within a land use ordinance, pursuant to § 912.1 of the
Pennsylvania Municipalities Planning Code, 53 P.S. § 10912.1.
G.
Appeals from the Zoning Officer's determination under § 916.2
of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10916.2.
H.
Appeals from the determination of the Zoning Officer or Township
Engineer in the administration of any land use ordinance or provision
thereof with reference to sedimentation and erosion control and stormwater
management insofar as the same relate to development not involving
Article V or VII applications as defined by the Pennsylvania Municipalities
Planning Code, 53 P.S. §§ 10501 et seq., 10701 et seq.
