The purpose of this article is to list and describe the powers,
procedures, composition, and standards for the Zoning Hearing Board,
as required by the Pennsylvania Municipalities Planning Code, Act
247, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A.
A Zoning Hearing Board for the Borough of Folcroft shall be appointed by Borough Council and shall be authorized to administer all procedures charged to such Board in accordance with the provisions of Article IX of the Pennsylvania Municipalities Planning Code, as amended.[1] Hereinafter, as used in this article, the term "Board"
shall refer to the Zoning Hearing Board, and the term "MPC" shall
refer to the Pennsylvania Municipalities Planning Code, Act 247, as
amended.[2]
B.
The Board shall consist of five residents of the Borough. Their terms
of office shall be five years and shall be so fixed that the term
of office of one member shall expire each year. The Board shall promptly
notify the Borough of any vacancies. Appointment to fill vacancies
shall be only for the unexpired portion of the term. Members of the
Board shall hold no other office in the Borough and shall not be employees
of the Borough. Included in this statement are consultants, part-time
officials, or appointed members on another Board within the Borough.
C.
Any member may be removed for malfeasance, misfeasance, or nonfeasance
in office or for other just cause by a majority rule of Borough Council
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 requests it in writing.
D.
Organization of the Board.
(1)
The Board shall elect from its own membership its officers,
who shall serve annual terms as such and may succeed themselves. For
the conduct of any hearing and the taking of any action, a quorum
shall be not less than the majority of all members of the Board, but
where a majority of members are disqualified to act in a particular
matter, the remaining members may act for the Board. As provided for
in the MPC, the Board may appoint a hearing officer from its own membership
to conduct any hearing on its behalf, and the parties may waive further
action by the Board, as provided in Section 908 of the MPC.[3]
[3]
Editor's Note: See 53 P.S. § 10908.
(2)
The Board shall adopt rules and forms for its procedure in accordance
with the provisions of this chapter. Meetings of the Board shall be
held at the call of the Chairman and at such other times as the Board
may determine. Such Chairman or, in his absence, the Acting Chairman,
may administer oaths and compel the attendance of witnesses. All meetings
of the Board shall be open to the public.
(3)
The Board shall keep minutes of its proceedings, showing the
vote of each member upon each question, or if absent or failing to
vote, indicate such fact, and shall keep records of its examination
and other official actions, all of which shall be immediately filed
in the Office of the Borough Manager and shall be a public record.
(4)
The Board shall submit a report of its activities to Borough
Council as requested.
E.
Within the limits of funds appropriated by Borough Council, the Board
may employ or contract for secretaries, clerks, legal counsel, consultants,
and other technical and clerical services. Members of the Board may
receive compensation for the performance of their duties, as may be
fixed by Borough Council, but in no case shall it exceed the rate
of compensation authorized to be paid to members of Borough Council.
A.
The Board shall hear and decide appeals where it is alleged that
the Zoning Officer has failed to follow prescribed procedures or has
misinterpreted or misapplied any provision of this chapter or the
Zoning Map or any valid rule or regulation governing the action of
the Zoning Officer.
B.
Applications for variances or special exceptions shall include, at
a minimum, the following information:
C.
The Board shall hear requests for variances where it is alleged that
the provisions of this chapter inflict unnecessary hardship on the
applicant. In granting a variance, the Board may attach such reasonable
conditions and safeguards as it may deem necessary to implement the
purposes of the MPC and this chapter.
D.
The Board shall hear and decide requests for special exceptions authorized by this chapter, in accordance with the standards and criteria set forth in § 600-181 below. The Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of the MPC and this chapter. Regulations for specific special exceptions shall also be met and are located in Article XVII of this chapter.
The Board shall conduct hearings and make decisions in accordance
with the provisions of Section 908 of the MPC.[1]
[1]
Editor's Note: See 53 P.S. § 10908.
In any case where the Board shall hold a public hearing, the
Board shall, at a minimum, give notice of such hearing as follows,
which notice shall state the time and place of the hearing and the
particular nature of the matter to be considered at the hearing:
A.
By publishing a notice thereof once each week for two successive
weeks in a newspaper of general circulation in the Borough, provided
that the first publication shall be not more than 30 days and the
second publication shall be not less than seven days from the date
of the hearing.
B.
By mailing or delivering due notice thereof to the applicant and
other parties in interest, who shall be at least those persons whose
properties adjoin the property in question or are within a two-hundred-foot
radius of the property in question.
C.
By mailing or delivering notice thereof to Borough Council and the
Zoning Officer.
D.
By conspicuously posting notice of said hearing on the affected tract
of land at least one week prior to the hearing.
Decision of the Board shall include the following elements:
A.
Findings of fact, including a brief summary of relevant testimony
and information entered during the proceedings of the Board.
B.
Citation by quotation or by reference to the specific sections of
the local ordinances and/or the MPC that are relevant to the case
in question.
C.
Conclusions of the Board, enumerating the reasons why such conclusions
are deemed appropriate in light of the facts found.
D.
Ruling of the Board, indicating in writing any stipulations or conditions
attached to the ruling.
In any instance where the Zoning Hearing Board is required to
consider a variance or special exception, the Board shall, among other
things, consider the following standards:
A.
MPC criteria for variances.
(1)
The Board shall hear requests for variances where it is alleged
that the provisions of this chapter inflict unnecessary hardship on
the applicant.
(2)
A variance from the terms of this chapter shall not be granted
by the Board unless and until a written application for a variance
is submitted by the applicant who shall have the burden of establishing
the presence of all of the following conditions 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 to the circumstances or conditions generally
created by the provisions of the Zoning Ordinance 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 that the authorization
of the 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.
(3)
In granting any variance, the Board may attach such reasonable
conditions and safeguards as it may deem necessary to implement the
purposes of the MPC and this chapter.
B.
Standards for review of special exceptions.
(1)
In any instance where the Board is required to consider a request
for a special exception, the Board shall consider the following factors,
where appropriate:
(a)
That the proposed use is appropriate for the site in question
in terms of size, topography, natural features, drainage, sewage disposal,
water supply, accessibility, and availability of public services and
that adequate provisions will be made to protect sensitive environmental
features such as streams, lakes, wetlands, slopes, and mature trees.
(b)
That the proposed use is compatible with the character of the
surrounding neighborhood and will not interfere with or detract from
legitimate uses and adjacent properties and that adequate measures
will be provided through building design, site layout, landscaping,
planting, and operational controls to minimize any adverse impacts
caused by noise, lights, glare, odors, smoke, fumes, traffic, parking,
loading, and signage.
(c)
That the proposed special exception will serve the best interest
of the Borough, convenience of the community, and the public health,
safety, and welfare.
(d)
That the proposed use is consistent with the most recently adopted
community development objectives for Folcroft Borough.
(e)
That the proposed use promotes orderly development, proper population
density, and the provision of adequate community facilities and services,
including police and fire protection.
(f)
That the proposed use is suitable in terms of its effect on
highway safety and traffic circulation and that access, on-site circulation,
and parking are adequate in view of anticipated traffic.
(2)
In cases where uses permitted by special exception are not accompanied by specific standards for such uses, the regulations in § 600-147 shall apply.
(3)
Financial hardship shall not be construed as a basis for granting
special exceptions.
(4)
In granting any special exception, the Board may attach reasonable conditions and safeguards in addition to those expressed in this chapter as it may deem necessary to implement the purposes of the MPC and this chapter, which conditions and safeguards may relate to, but not be limited to, screening, lighting, noise, safety, aesthetics, and the minimization of noxious, offensive, or hazardous elements. Such special exceptions shall be clearly authorized by a provision in this chapter and shall, where applicable, comply with the more specific standards relating to such special exceptions contained in appropriate sections of Article XVII.
A.
An applicant for a variance shall have the burden of establishing
both:
B.
An applicant for a special exception shall have the burden of establishing
both:
C.
In determining whether the allowance of a variance or special exception
is contrary to the public interest, the Board shall consider whether
the application, if granted, will:
(1)
Adversely affect the public health, safety, and welfare due
to changes in traffic conditions, drainage, air quality, noise levels,
neighborhood property values, natural features, and neighborhood aesthetic
characteristics.
(2)
Be in accordance with the most recently adopted community development
objectives for Folcroft Borough.
(4)
Adversely affect the logical, efficient, and economical extension
or provision of public services and facilities such as public water,
sewers, refuse collection, police, fire protection, and public schools.
(5)
Otherwise adversely affect the public health, safety, or welfare.
Unless otherwise specified by the Board, a variance or special
exception shall expire if the applicant fails to obtain a building
permit within six months from the date of authorization thereof.
