A.
Appointment of Board members. The Township Zoning Hearing Board is
hereby established in accordance with the following procedures:
(1)
The Board shall consist of three residents of the Township appointed
by resolution of the Board of Supervisors.
(2)
The terms of office shall be three years and shall be so fixed that
the term of office of one member shall expire each year.
(3)
The Board shall promptly notify the Board of Supervisors of any vacancies.
The Board of Supervisors shall appoint a resident of the Township
to fill the unexpired portion of the term left vacant.
(4)
Members of the Board shall hold no other offices in the Township.
B.
Appointment of alternate board members.
(1)
In addition to the permanent members of the Board, the Board of Supervisors
may appoint by resolution two residents of the Township to serve as
alternate members of the Board.
(2)
The term of office for alternate members shall be three years.
(3)
Alternates shall hold no other office in the municipality, including
membership on the Planning Commission or as Zoning Officer.
C.
Removal of members. The majority of the Board of Supervisors given
the following procedures may remove any Board member for malfeasance,
misfeasance, or nonfeasance in office or for other just cause:
A.
The Board shall elect a Chairperson, Vice Chairperson and Secretary
from its membership, who shall serve annual terms and may succeed
themselves.
B.
The Board may make, alter and rescind rules and forms for its procedure in keeping with the provisions of this chapter and other ordinances of the Township and the procedures set forth in Article IX of the Pennsylvania Municipalities Planning Code (Act of 1968, P.L. 805, No. 247, as reenacted and amended).[1]
[1]
Editor's Note: See 53 P.S. § 10901 et seq.
A.
The Board may contract for and fix the compensation of legal counsel;
however, under no circumstances shall the amount of compensation exceed
the amount appropriated by the Board of Supervisors.
B.
The Zoning Hearing Board Solicitor shall be an attorney other than
the Township Solicitor, and shall not be employed within the same
law firm.
The powers, duties and procedures of the Zoning Hearing Board are set forth below in accordance with Article IX of the Pennsylvania Municipalities Planning Code. The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudications for the following matters:
A.
Appeals and challenges.
(1)
Appeals from the determination of the Zoning Officer, including but
not limited to one of the following:
(a)
Granting or denial of any permit or failure to act on a permit
application.
(b)
Issuance of any cease-and-desist order.
(c)
Registration or refusal to register any nonconforming use, structure
or lot.
(d)
Determination of performance density provisions of this chapter.
(e)
Determination of the preliminary opinion under § 195-62B(7) of this chapter.
(3)
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, except such provisions that appear in the SALDO and which
must be appealed to the Board of Supervisors, in accordance with the
SALDO and Article X-A of the Municipalities Planning Code.
(4)
Substantive challenges to the validity of any ordinance regulating
land use, including but not limited to this chapter, the Township
SALDO, the Township Flood Prevention Ordinance and the Township Stormwater
Ordinance.[2] but excluding landowner curative amendments which shall be heard by the Board of Supervisors, § 195-68.
(5)
Such other duties as are authorized under the Pennsylvania Municipalities
Planning Code.
B.
Procedures for appeals and challenges.
(1)
Appeals and challenges by the affected landowner, officer or agency
of the Township, or any aggrieved person, may be filed with the Board
by submitting the request in writing to the Zoning Officer.
(2)
The appeal shall be submitted within 30 days of the determination.
(3)
Upon filing any proceeding referred to in Subsection A above and during its pendency before the Board, all land development pursuant to any challenged ordinance, order or approval of the Zoning Officer or other Township agency, and all official action, shall be stayed in accordance with Section 915.1, Stay of proceedings, of the Municipalities Planning Code.
C.
Applications for variances from the terms of this chapter and the Floodplain Management Ordinance. (As of the enactment date of this chapter, such provisions were in Chapter 102 of the Township's Code of Ordinances.)
(1)
The Board shall hear request for variances where it is alleged that
the provisions of this chapter or the Floodplain Management Ordinance
inflict unnecessary hardships upon the applicant.
(2)
A variance application form and preliminary application shall be
submitted to the Zoning Officer by the landowner or their authorized
agent.
(3)
The Board may grant a variance, provided that all of the following
findings are made where relevant in a given case:
(a)
There are unique physical circumstances or conditions, including:
[1]
Irregularity, narrowness, or shallowness of lot size or shape;
or
[2]
Exceptional topographical or other physical conditions peculiar
to the particular property; and that
[3]
Unnecessary hardship is due to the above conditions and not
the circumstance or conditions generally created by the provisions
of the zoning ordinance in the neighborhood or district in which the
property is located.
(b)
The physical circumstances or conditions described in Subsection C(3)(a) above yield no possibility that the property can be developed in strict conformity with the provisions of this chapter and the authorization of a variance is therefore necessary to enable the reasonable use of the property.
(c)
The unnecessary hardship has not been created by the appellant.
(d)
The variance, if authorized, will not cause any of the following
to occur:
(e)
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.
(4)
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.
(5)
The Board's decision to grant approval for a variance shall be made
only after public notice and hearing. Such approval shall apply specifically
to the appeal and plans submitted and presented at said public hearing.
Any subsequent proposed changes to the terms of the variance shall
be subject to additional review, a hearing and a revised approval
by the Zoning Hearing Board.
D.
Applications for special exceptions under this chapter.
(1)
Any landowner or authorized agent may apply to the Board for a special
exception as provided in this chapter.
(2)
The special exception shall be granted or denied pursuant to expressed standards and criteria set forth in Article IV and the following general provisions:
(a)
The proposed use is compatible with the surrounding area, including
in regards to environmental impacts, noise, health and safety hazards,
control of late night hours of operation, illumination and glare.
This matter shall take into any proposed conditions or improvements
proposed by the applicant to minimize negative impacts, such as the
extent of buffering between a proposed business use and nearby dwellings.
(b)
The proposed use is suitable for the site with respect to existing
or future streets and will not create traffic safety hazards or traffic
congestion or cause excessive amounts of truck traffic to travel on
residential streets.
(c)
The proposed use will be provided with adequate water supply,
sewage disposal, trash and garbage collection and disposal.
(e)
The Zoning Hearing Board may attach whatever reasonable conditions
and safeguards, in addition to those expressed in this chapter, it
deems necessary to insure that any proposed development will secure
substantially the purposes of this chapter.
(3)
The following procedures shall be followed by the Board:
(a)
The Township Planning Commission may have up to 30 days from
the date of the Township's receipt of the complete application to
review the special exception and submit any written advisory comments
to the Zoning Hearing Board. The Planning Commission is under no obligation
to provide comments, and no action of the Zoning Hearing Board shall
be required to be delayed to await Planning Commission comments. The
Planning Commission may have representation at the public hearing
held by the Zoning Hearing Board.
(b)
The Board's decision to grant approval for a special exception
shall be made only after public notice and hearing. Such approval
shall apply specifically to the application and plans submitted and
presented at said public hearing. Any subsequent changes to the plans
that directly affect the matters addressed in the special exception
approval shall be subject to additional review, a public hearing and
a revised approval by the Zoning Hearing Board.
(4)
Accommodations for persons with disabilities.
(a)
Upon application, the Zoning Hearing Board shall grant a special
exception allowing modifications to specific requirements of this
chapter that the applicant proves, to the satisfaction of the Zoning
Hearing Board, are required under applicable federal law to provide
a reasonable accommodation to serve persons who the applicant proves
have disabilities as defined in and protected by such laws.
(b)
Such reasonable accommodations shall be requested in accordance
with the United States Fair Housing Act (See 42 U.S.C. § 3601
et seq.) amendments and/or the Americans with Disabilities Act (See
42 U.S.C. § 12101 et seq.), as amended.
(c)
If the applicant is requesting a reasonable accommodation under
the United States Fair Housing Act amendments of 1988 or the Americans
with Disabilities Act, the applicant shall identify the disability
which is protected by such statutes, the extent of the modification
of the provisions of this chapter necessary for a reasonable accommodation,
and the manner by which the reasonable accommodation requested may
be removed when such person(s) with a protected disability will no
longer be present on the property.
(d)
Any modification approved under this subsection may be limited
to the time period during which the persons with disabilities occupy
or utilize the premises.
E.
Records.
(1)
The Board shall keep full public records of its business and such
records shall be the property of the Township.
(2)
The Board shall submit an annual report of its activities to the
Board of Supervisors or as requested by the Board of Supervisors.
The Board shall submit to the Board of Supervisors a copy of each
of its decisions upon rendering the decision.
A.
The Zoning Hearing Board shall conduct hearings and make decisions to accomplish the powers and duties stated in § 195-59 above.
B.
The Board shall adhere to the following procedures as set forth in Article IX of the Pennsylvania Municipalities Planning Code:
(1)
Hearing notices.
(a)
At the time of filling an appeal or application with the Zoning
Hearing Board, the Township shall schedule the public hearing.
(b)
Public notice shall be published in accordance with the definition
of "public notice" set forth in the Municipalities Planning Code.
(c)
Written notice shall be provided to the applicant, the Zoning
Officer, to last known addresses of owners of adjoining properties
and properties within 500 feet of the affected property, and to any
person who has made timely written request to the Zoning Officer for
said notice.
(d)
In addition, where a public meeting or hearing involves a proposed zoning amendment that includes a Zoning Map change, additional notice may be required under the Pennsylvania Municipalities Planning Code.
(e)
Written notice shall be conspicuously posted on the affected
tract of land at least one week prior to the hearing. Such notice
shall be posted by the applicant, unless the Township staff agrees
in advance to post it. The Township may require that the applicant
provide a signed statement or a photograph to show that the land was
posted.
(2)
Time limitations.
(a)
The hearing shall be held within 60 days from the date of the
applicant's request, unless the applicant has agreed in writing or
on the record to an extension of time. Hearings shall be conducted
pursuant to the requirements of Section 908 of the Pennsylvania Municipalities
Planning Code, 53 P.S. § 10908, which are in effect at the
time of the public hearing, including the length, timing, and order
of such hearings.
(b)
A written decision or written findings, when no decision is
called for, shall be rendered on the application within 45 days after
the last hearing unless the applicant has agreed in writing or on
the record to an extension of time.
(c)
When the Board fails to render the decision within the period required by Subsection B(2)(b) above or fails to hold the hearing in the period required by Subsection B(2)(a) above, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time. The Board shall give public notice of said deemed decision within 10 days from the last day it could have met to render a decision. If the Board shall fail to provide such notice, the applicant may do so. Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.
(d)
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 no later than the day following the date of the written
decision. To all other persons who have filed their name and address
with the Board not later than the last day of the hearing, the Board
shall provide, by mail or otherwise, brief notice of the decision
or findings and a statement of the place at which the full decision
or findings may be examined.
(e)
Unless otherwise specified by the Board, a special exception
or variance shall expire if the applicant fails to obtain a zoning
permit within one year from the date of authorization thereof. a
special exception or variance is granted where there is no need for
new construction, the applicant for the special exception or variance
shall within one year commence the use of the property in accordance
with the terms and conditions of the grant of the special exception
or variance. Failure to do so will result in revocation of the special
exception or variance.
(3)
Meeting quorum.
(a)
For the conduct of any hearing and the taking of any action,
the Board shall have a quorum, representing two members of the Board.
(b)
When authorized under the Pennsylvania Municipalities Planning
Code, the Chairperson of the Board may designate alternate members
of the Board to sit on the Board. The alternate member(s) shall continue
to serve on the Board in all proceedings involving the matter or case,
including the right to cast a vote as a voting member during the proceedings,
until the Board has made a final determination. Designation of an
alternate pursuant to this section shall be made on a case-by-case
basis in rotation according to declining seniority among all alternates.
(4)
Conduct of the hearing.
(a)
The parties to the hearing shall be the Township, any person
affected by the application who has made timely appearance of record
before the Board, and any other person including civic or community
organizations permitted to appear before the Board. The Board shall
have power to require that all persons who wish to be considered parties
enter appearances in writing on forms provided by the Board for that
purpose.
(b)
The Chairperson of the Board or the Acting Chairperson shall
have power to administer oaths and issue subpoenas to compel the attendance
of witnesses and production of relevant documents and papers, including
witnesses and documents requested by the parties.
(c)
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.
(d)
Formal rules of evidence shall not apply, but irrelevant, immaterial,
or unduly repetitious evidence may be excluded.
(e)
The Board shall keep a stenographic record of the proceedings.
The appearance fee for a stenographer shall be shared equally by the
applicant and the Board. A transcript of the proceedings shall be
prepared only upon request with the cost being paid by the individual
or party making the request. Any person appealing the decision of
the Board shall pay the cost of the original transcript.
(f)
The Board shall not communicate, directly or indirectly, with
any party or 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, except advice from their solicitor, 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 representative unless all parties are
given an opportunity to be present.
(g)
Where the application is contested or denied, each decision
shall be accompanied by findings of fact and conclusions and a listing
of the reasons for the contesting or denial with a reference to applicable
provisions of the Code or ordinance.
(5)
Appeals to court.
A.
The Board of Supervisors shall establish a fee schedule and a process
for reimbursement for other authorized costs by ordinance or resolution
regarding applications, permits and other actions under this chapter.
If an application requires more than one hearing, the Township may
also charge an applicant an additional fee to cover the advertising
costs for each additional hearing. The initial required fee(s) shall
be collected at the time of making the appeal or application, and
the application shall not be considered complete until such fee is
paid in full. The applicant or appellant shall then be billed for
applicable additional Township expenses in excess of the initial fee.
B.
Authorized costs may include the following, unless otherwise provided
under state law:
D.
No zoning permit shall be granted until reimbursable expenses are
paid in full.
E.
In the case of an appeal to the Board involving a determination of the Zoning Officer under § 195-59A(1) of this chapter, should the Zoning Hearing Board find that the appellant was successful in his/her appeal because of an error by the Zoning Officer, then the entire sum of the fee shall be returned.
