[Ord. 21A, 9/2/1982, §§ 22.01; as amended
by Ord. 44, 6/11/1998]
1.
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 any land use ordinance,
except those brought before the Board of Supervisors pursuant to §§ 609.1
and 916.1(a)(2) of the Pennsylvania Municipalities Planning Code (hereinafter
"MPC"), 53 P.S. §§ 10609.1, 10916.1.
B.
Challenges to the validity of a land use 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. 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.
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 therefore, the issuance of any cease and desist
order or the registration or refusal to register any nonconforming
use, structure or lot.
D.
Appeals from a determination by the Township Engineer or the Zoning
Officer with reference to the administration of any floodplain or
flood hazard ordinance or such provisions within a land use ordinance.
E.
Applications for variances from the terms of this chapter and flood
hazard ordinance or such provisions within a land use ordinance, pursuant
to § 910.2 of the MPC, 53 P.S. § 10910.2.
F.
Applications for special exceptions under this chapter or floodplain
or flood hazard ordinance or such provisions within a land use ordinance,
pursuant to § 912.1 of the MPC, 53 P.S. § 10912.1.
G.
Appeals from the determination of any officer or agency charged with
the administration of any transfers of development rights or performance
density provisions of this chapter.
H.
Appeals from the Zoning Officer's determination under § 916.2
of the MPC, 53 P.S. § 10916.2.
I.
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
applications under Article V or VII of the MPC, 53 P.S. §§ 10501
et seq., 10701 et seq.
2.
The Board of Supervisors shall have exclusive jurisdiction to hear
and render final adjudications in the following matters:
A.
All applications for approvals of planned residential developments
under Article VII of the MPC pursuant to the provisions of § 702
of the MPC, 53 P.S. § 10702.
B.
All applications pursuant to § 508 of the MPC, 53 P.S.
§ 10508, for approval of subdivisions or land developments
under Article V of the MPC, 53 P.S. § 10501 et seq.
C.
Applications for conditional use under the express provisions of
this chapter and otherwise as follows:
(1)
Procedure. The Board of Township Supervisors shall hear and
decide requests for conditional uses where this chapter provides for
conditional uses pursuant to express standards and criteria:
(2)
Standards. Conditional uses shall meet the specific standards
established for each use by this chapter and all other applicable
zoning district requirements and general regulations established by
this chapter. In addition, the following standards shall be met:
(a)
The use shall be one which is specifically authorized as a conditional
use in the zoning district wherein the applicant is seeking a conditional
use.
(b)
Services and utilities shall be made available to adequately
service the proposed use.
(c)
The use will not generate traffic such that hazardous or unduly
congested conditions will result.
(d)
The use is appropriate to the site in question.
(e)
The use shall not adversely affect the character of the general
neighborhood nor the health and safety of residents or workers on
adjacent properties and in the general neighborhood.
(3)
The applicant shall demonstrate, as a condition to approval
of his application, that the standards in this section and those specified
elsewhere in this chapter for the use in question will be met.
D.
Applications for curative amendment to this chapter or pursuant to
§§ 609.1 and 916.1(a) of the MPC, 53 P.S. §§ 10609.1,
10916.1(a).
E.
All petitions for amendments to land use ordinances, pursuant to
the procedures set forth in § 609 of the MPC, 53 P.S. § 10609.
F.
Appeals from the determination of the Zoning Officer or the Township
Engineer in the administration of any land use ordinance or provisions
thereof with reference to sedimentation and erosion control and stormwater
management insofar as the same relate to applications for land development
under Articles V and VII of the MPC, 53 P.S. §§ 10501
et seq., 10701 et seq. Where such determination relates only to development
not involving an Article V or VII application, the appeal from such
determination of the Zoning Officer or the Township Engineer shall
be to the Zoning Hearing Board pursuant to this section. Where the
applicable land use ordinance vests jurisdiction for final administration
of subdivision and land development applications in the Planning Commission,
all appeals from determinations under this subsection shall be to
the Planning Commission and all appeals from the decision of the Planning
Commission shall be to court.
[Ord. 21A, 9/2/1982, § 22.02; as amended by Ord.
44, 6/11/1998]
Appeals raising the substantive validity of any land use ordinance
(except those to be brought before the Board of Supervisors pursuant
to the Pennsylvania Municipalities Code), procedural questions or
alleged defects in the process of enactment or adoption of a land
use ordinance; or 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 therefor, the issuance of any cease-and-desist
order or the registration or refusal to register any nonconforming
use, structure or lot; from a determination by the Township Engineer
or the Zoning Officer with reference to the administration of any
floodplain or flood hazard ordinance or such provisions within a land
use ordinance; from the determination of any officer or agency charged
with the administration of any transfers of development rights or
performance density provisions of this chapter; 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 subdivision and land development
or planned residential development 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 special exception may be filed with the Board by any landowner
or any tenant with the permission of such landowner.
[Ord. 21A, 9/2/1982; as added by Ord. 44, 6/11/1998]
1.
No person shall be allowed to file any proceeding with the Zoning
Hearing Board later than 30 days after an application for development,
preliminary or final, has been approved by the Township 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. The failure of anyone
other than the landowner to appeal from an adverse decision on a tentative
plan or from an adverse decision by the Zoning Officer on a challenge
to the validity of this chapter or an amendment hereto or map or an
amendment thereto shall preclude an appeal from a final approval except
in the case where the final submission substantially deviates from
the approved tentative approval.
2.
All appeals from determinations adverse to the landowner shall be
filed by the landowner within 30 days after notice of the determination
is issued.
[Ord. 21A, 9/2/1982, § 22.03; as amended by Ord.
44, 6/11/1998]
1.
Where the Board of Supervisors, in this chapter, has stated special
exceptions to be granted or denied by the Zoning Hearing Board pursuant
to express standards and criteria, the Board shall hear and decide
requests for such special exceptions in accordance with such standards
and criteria. In granting a special exception, the Board may attach
such reasonable conditions and safeguards, in addition to those expressed
in this chapter, as it may deem necessary to implement the purposes
of this chapter and the Pennsylvania Municipalities Planning Code,
53 P.S. § 10101 et seq.
2.
Such use shall be specifically authorized as a special exception
in this chapter.
3.
The special exception use shall satisfy all requirements and conditions
specified within this chapter.
4.
Reasonable conditions and safeguards, in addition to those expressed
in this chapter, may be required by the Board in granting the special
exception where it is deemed necessary to implement the purposes and
intent of this chapter.
5.
The special exception shall be compatible with adjacent and nearby
properties and shall not adversely affect the public health, safety
or interest.
6.
The special exception use shall be designed to provide satisfactory
arrangement for:
A.
Ingress and egress to property and proposed structures thereon, with
particular reference to automotive and pedestrian safety and conveniences,
traffic flow and control, and access in case of fire or catastrophe.
B.
Off-street parking and loading areas where required, with particular attention to the items in Subsection 6A above, the requirements in Part 16 of this chapter, and the economic, noise, glare or odor effects of the special exception on adjoining properties in the district.
C.
Refuse and service areas to be located and maintained in a safe and
sanitary manner, well screened on three sides. Trash and rubbish shall
be stored in covered verminproof containers.
D.
Utilities to be located underground where possible and to be compatible
with the surrounding area. Availability, ease of access and safety
precautions shall be considered.
E.
Screening and buffering with reference to type, dimensions and character, in accordance with Part 15 of this chapter.
F.
Required yards and other open spaces as specified elsewhere in this
chapter.
[Ord. 21A, 9/2/1982, § 22.04; as amended by Ord.
44, 6/11/1998]
1.
The Zoning Hearing 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 applicant.
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 this chapter and the Pennsylvania Municipalities Planning Code,
53 P.S. § 10101 et seq.
[Ord. 21A, 9/2/1982, § 22.06]
1.
The granting or approval of a special exception or variance shall
be valid only for the petitioner and the property specified in the
petition. Alterations or changes to the use or building authorized
by the Zoning Hearing Board shall require reapplication to the Board.
If the special exception or variance has not been implemented within
two years of the date of the Zoning Hearing Board decision, said approval
shall expire and become null and void. If the property affected by
the variance or special exception is transferred in ownership prior
to the implementation of the special exception or variance, said approval
shall immediately become invalid upon such transfer or ownership.
2.
The Zoning Hearing Board may revoke approval of a variance or special
exception where:
A.
The petitioner repeatedly violates conditions or safeguards specified
in the Board's decision.
B.
The petitioner initiates use or construction contrary to the Board's
decision.
C.
The petitioner is found to have misrepresented or falsified information
pertinent to the Board's decision.
D.
The Board's original decision was in error and the revocation is
instituted within 30 days of the original decision or prior to substantial
reliance thereon by the petitioner.
3.
Violation of the conditions or safeguards or use or construction contrary to that specified by the Zoning Hearing Board decision shall be deemed a violation of this chapter, punishable under Part 29 of this chapter. Revocation of the Zoning Hearing Board approval shall not preclude the Township from proceeding in courts of law or equity to prevent or remedy violations of this chapter.
