[Ord. 2005-9, 12/29/2005, § 2201]
1.
Appointment.
A.
The Zoning Hearing Board shall consist of three residents of the
Township appointed by the Board of Supervisors. The Zoning Hearing
Board members shall serve terms of three years, so fixed that the
term of office of one regular member shall expire each year and so
that the term of not more than one alternate member expires each year.
Members of the Zoning Hearing Board shall hold no other office in
the Township.
B.
Alternate Members. Alternate members may be appointed at the option
of the Board of Supervisors and may serve within the provisions of
the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101
et seq., as amended. Alternate members may participate fully in all
proceedings of the Zoning Hearing Board.
2.
Vacancies. The Zoning Hearing Board shall properly notify the Board
of Supervisors of any vacancy that occurs. Appointments to fill vacancies
shall be only for the unexpired portion of a term.
3.
Removal. My Zoning Hearing Board member may be removed for just cause
by a majority vote of the Board of Supervisors, if the member has
received 15 days' notice of the intent to take such vote. A hearing
shall be held in connection with the vote if the member shall request
it in writing.
4.
Organization.
A.
The Zoning Hearing Board shall elect officers from its own membership.
Officers shall serve annual terms and may succeed themselves.
B.
For the conduct of any hearing and taking of any action, a quorum
shall be not less than a majority of all members of the Zoning Hearing
Board.
C.
The applicant shall pay all fees, as established by the Board of
Supervisors, for all proceedings, hearings, and actions by the Zoning
Hearing Board.
5.
Board Jurisdiction. The Zoning Hearing Board shall have exclusive
jurisdiction to hear and render final adjudications in the following
matters:
A.
Substantive challenges to the validity of the zoning ordinance, except
those brought before the Board of Supervisors pursuant to 53 P.S. § 10609.1
and 53 P.S. § 10916.1 of the Pennsylvania Municipalities
Planning Code.
B.
Challenges to the validity of the zoning ordinance raising procedural
questions 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 or amendment.
C.
Appeals from the determination of the Zoning Officer including, but
not limited to, the granting or denial of any permit or failure to
act on the application for a permit, the issuance of any cease and
desist order, or the registration or refusal to register any nonconforming
use, lot or structure.
D.
Appeals from a determination by the Township Engineer or Zoning Officer
with reference to the administration of floodplain regulations of
the Township.
E.
Applications for variances from the terms of this chapter.
F.
Applications for special exceptions under this chapter.
G.
Appeals from the Zoning Officer's determinations.
H.
Appeals from the determination of the Zoning Officer or Township
Engineer in the administration of any zoning ordinance or other land
use ordinance with reference to sedimentation and erosion control
and stormwater management, insofar as the same relate to development.
[Ord. 2005-9, 12/29/2005, § 2202]
1.
Appeals. All appeals from a decision of the Zoning Officer and applications for relief from the Zoning Hearing Board shall be in writing as set forth in § 27-2205. Every appeal or application shall include the following:
A.
The name and address of the applicant or appellant.
B.
The name and address of the owner of the property to be affected
by such proposed change or appeal, and a list of adjoining property
owners and tax parcel identification numbers.
C.
A brief description and location of the property to be affected by
such proposed change or appeal.
D.
A statement of the present zoning classification of the property
in question, the improvements thereon, and the present use thereof.
E.
A statement of the section of this chapter under which the appeal
is made and reasons why it should be granted, or a statement of the
section of this chapter governing the situation in which the alleged
erroneous ruling is being appealed and the reasons for this appeal.
F.
A reasonably accurate description of the additions or changes intended
to be made under this application, indicating the size, material,
and general construction of such proposed improvements. A plot plan
of the property to be affected, indicating the location and size of
the lot and the size of existing and intended improvements, shall
be attached to the description.
2.
Appeal from the Zoning Hearing Board. In the case of an appeal from
the Zoning Hearing Board to the Court of Common Pleas, the Zoning
Hearing Board shall make the return of the record required by law,
and shall promptly notify the Township Solicitor of such appeal and
furnish him with a copy of the return of the record, including the
transcript of testimony. Any decision of the Zoning Hearing Board
not appealed within 30 days after notice thereof shall be final.
[Ord. 2005-9, 12/29/2005, § 2203]
1.
Plan Requirements. All applicants for a special exception use must submit an application as set forth in § 27-2205 and any supporting documentation as required by the Zoning Officer when making application for a permit. If the application is considered a land development or subdivision, it must also meet the following site plan requirements:
A.
A statement as to the proposed use of the building or land.
B.
A site layout drawn to a scale of not less than one inch equals 50
feet showing the location, dimensions, and height of proposed buildings,
structures, or uses and any existing buildings in relation to property
and street lines. If the application relates to property scheduled
to be developed in successive stages, such plans shall show the relationship
of the portion scheduled for initial development to the proposed layout
of the entire property.
C.
The location, dimensions, and arrangements of all open spaces and
yards and buffer yards, including methods and materials to be employed
for screening.
D.
The location, size, arrangement, and capacity of all areas to be
used for motor vehicle access, off-street parking, off-street loading
and unloading, and provisions to be made for lighting such areas.
E.
The dimensions, location, and methods of illumination for signs,
if applicable.
F.
The location and dimensions of sidewalks and all other areas to be
devoted to pedestrian use.
G.
Provisions to be made for treatment and disposal of sewage and industrial
wastes, water supply, and storm drainage.
H.
The capacity and arrangement of all buildings used or intended to
be used for dwelling purposes, including the proposed density in terms
of number of dwelling units per acre of land.
I.
A description of any proposed industrial or commercial operations
in sufficient detail to indicate effects of those operations in producing
noise, glare, air pollution, water pollution, fire hazards, traffic
congestion, or other safety hazards.
J.
Description of methods to be employed in controlling any excess noise,
air pollution, smoke, fumes, water pollution, fire hazards, or other
safety hazards.
2.
Standards for Special Exceptions. The Zoning Hearing Board shall
approve a proposed special exception if the applicant demonstrates
compliance with the following:
3.
Conditions for Special Exceptions. The Zoning Hearing Board shall
consider all of the general standards as well as any specific standards
that may be listed for the proposed use. The Zoning Hearing Board
may impose reasonable conditions on a special exception use as it
determines are necessary to ensure compliance with Township ordinances
and state and federal regulations; to protect the public health and
safety; and to ensure compatibility and avoid nuisances among nearby
uses.
[Ord. 2005-9, 12/29/2005, § 2204]
1.
Applicant. Requests for a variance may be filed with the Zoning Hearing Board, in writing in accordance with § 27-2205.
2.
Standards for a Variance. The Zoning Hearing Board may grant a variance,
provided that all of the following findings, where relevant, are made
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 the zoning ordinance and 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 nor 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.
3.
Additional Conditions and Safeguards. In granting any variance, the
Zoning Hearing Board may attach such reasonable conditions and safeguards
as it may deem necessary to implement the purposes of this chapter
and the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101
et seq., as amended.
[Ord. 2005-9, 12/29/2005, § 2205]
1.
Parties Appellant Before Board. Appeals under 53 P.S. § 10909.1(a)(1),
(2), (3), (4), (7), (8) and (9) of the Pennsylvania Municipalities
Planning Code, as amended, may be filed with the Zoning Hearing Board,
in writing, by the landowner affected, any officer or agency of the
Township, or any person aggrieved. Requests for a variance and for
a special exception may be filed with the Zoning Hearing Board by
any landowner or any tenant with the written permission of such landowner.
2.
Time Limitations.
A.
No person shall be allowed to file any proceeding with the Zoning
Hearing Board later than 30 days after any application for development,
preliminary or final, has been approved by an appropriate Township
officer, agency, or body if such proceeding is designed to secure
reversal or to limit the approval in any manner unless such person
alleges and proves that he had no notice, knowledge, or reason to
believe that such approval had been given. If such person has succeeded
to his interest after such approval, he shall be bound by the knowledge
of his predecessor in interest.
B.
All appeals from determinations adverse to a landowner shall be filed
by the landowner within 30 days after notice of the determination
is issued.
3.
Application for a Hearing. Parties appellant before the Board shall
make application in writing including a list of property owners and
their addresses under Subsection 4C. Applications shall not be accepted
without all required elements for the action requested, and payment
of the appropriate fee. The Zoning Officer shall transmit to the Board,
and to the Township Planning Commission or other parties where necessary
or appropriate, the submitted material comprising the application,
including any drawings, sketches, plans, or supporting documentation
relevant to the application.
4.
Hearings. The Zoning Hearing Board shall conduct hearings and make
decisions in accordance with the following:
A.
Notice of Hearings. Notice of all hearings of the Zoning Hearing
Board shall be given as follows:
(1)
Public notice shall be published at least twice in a newspaper
of general circulation in the Township. 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. The notice shall state
the time and place of the hearing and the particular nature of the
matter to be considered. Notice of such hearing shall also be posted
on the affected tract of land at least one week prior to the hearing.
(2)
Notice shall be given to the applicant, the Zoning Officer,
the Board of Supervisors, and any other person or group that has made
a timely request for such notice, by personally delivering or mailing
a copy of the published notice.
(3)
Notice shall be mailed or delivered to the owner, if his residence
is known, or the occupier of every lot within 1,000 feet of the said
lot or building, provided that failure to give notice as required
by this paragraph shall not invalidate any action taken by the Board.
(4)
The Board of Supervisors may establish reasonable fees, based
on cost, to be paid by the applicant for the holding of hearings and
attendance cost.
B.
Time of Hearings. 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.
C.
Parties. The parties to the hearing shall be the Township, any person
affected by the application who has made timely appearance of record
before the Zoning Hearing Board, and any other person, including civic
or community organizations, permitted to appear by the Zoning Hearing
Board. The Zoning Hearing Board shall have power to require that all
persons who wish to be considered parties enter appearances, in writing,
on forms provided by the Zoning Hearing Board for that purpose.
D.
Oaths and Subpoenas. The Chairman or Acting Chairman of the Zoning
Hearing Board presiding shall have power to administer oaths and issue
subpoenas to compel the attendance of witnesses and the production
of relevant documents and papers, including witnesses and documents
requested by the parties.
E.
Representation by Counsel. The parties shall have the right to be
represented by counsel and shall be afforded the opportunity to respond
and present evidence and argument and cross-examine adverse witnesses
on all relevant issues.
F.
Evidence. Formal rules of evidence shall not apply, but irrelevant,
immaterial, or unduly repetitious evidence may be excluded.
G.
Record. The Zoning Hearing Board or the hearing officer, as the case
may be, shall keep a stenographic record of the proceedings. The appearance
fee for a stenographer shall be shared equally by the applicant and
the Board. The cost of the original transcript shall be paid by the
Zoning Hearing Board if the transcript is ordered by the Board or
hearing officer, or shall be paid by the person appealing from the
decision of the Board if such appeal is made, and in either event
the cost of additional copies shall be paid by the person requesting
such copy or copies. In other cases, the party requesting the original
transcript shall bear the cost thereof.
H.
Ex Parte Communications. The Zoning Hearing 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. The Zoning Hearing Board shall not take notice
of any communication, reports, staff memoranda, or other materials
except advice from its solicitor unless the parties are afforded an
opportunity to contest the material so noticed. After the commencement
of hearings, the Zoning Hearing Board shall not inspect the site or
its surroundings with any party or his representative, unless all
parties are given an opportunity to be present.
I.
Referral to Planning Commission. Any application to the Zoning Hearing
Board may, at the discretion of the Board of Supervisors, be referred
to the Planning Commission for review.
J.
Decision/Findings. The Zoning Hearing Board shall render a written
decision or, when no decision is called for, make written findings
on the application, within 45 days after the last hearing before the
Zoning Hearing Board. All conclusions based on any provisions of the
Pennsylvania Municipalities Planning Code, 53 P.S. § 10101
et seq., as amended, or of this chapter shall contain a reference
to the provisions relied on and the reasons why the conclusion is
deemed appropriate in light of the facts found.
K.
Notice of Decision. A copy of the final decision or, where no decision
is called for, a copy of the findings, shall be delivered to the applicant
personally or mailed to him not later than the day following its date.
The Zoning Hearing Board shall provide (by mail or otherwise) a brief
notice of the decision or findings, and a statement of the place where
the full decision or findings may be examined, to all other persons
who have filed their name and addresses with the Zoning Hearing Board
not later than the last day of the hearing.
