[Ord. 2009-01, 4/2/2009, § 801]
There is hereby created a Zoning Hearing Board, herein referred
to as the Board and consisting of three residents[1] of the Township appointed by the Board of Supervisors
pursuant to the Pennsylvania Municipalities Planning Code, as amended.
Said Board shall perform all the duties, and exercise all powers prescribed
by said Code and as herein further provided.
[1]
Can also be five.
[Ord. 2009-01, 4/2/2009, § 802]
The terms of office of the Board shall be three years[1] and shall be so fixed that the term of office of one member
shall expire each year. The Board shall promptly notify the Board
of Supervisors of any vacancies which occur. Appointments to fill
vacancies shall be only for the unexpired portion of the term. Members
of the Board shall hold no other elected or appointed office in the
Township, nor be a member of the Planning Commission. The Board of
Supervisors shall also appoint up to three alternate member(s) of
the Board. The alternate member(s) shall serve upon the absence or
disqualification of a regular Board member in accordance with §§ 903
and 906 of the Pennsylvania Municipalities Planning Code. The terms
of alternate members shall be for three years.
[1]
Five years with five-year board.
[Ord. 2009-01, 4/2/2009, § 803]
Any Board member 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 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 shall request
it in writing.
[Ord. 2009-01, 4/2/2009, § 804]
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 or the taking of any action, a quorum shall
be not less than the majority of all the members of the Board, but
when any member is disqualified to act in a particular matter, the
alternate member shall be seated. 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 § 908 of the Planning Code. The Board may make, alter
and rescind rules and forms for its procedure, consistent with Township
ordinances and laws of the Commonwealth. The Board shall keep full
public records of its business and shall submit a report of its activities
to the Board of Supervisors annually.
[Ord. 2009-01, 4/2/2009, § 805]
Within the limits of funds appropriated by the Board of Supervisors,
the Board may employ or contract for secretaries, clerks, legal counsel,
consultants and other technical and clerical services.
[Ord. 2009-01, 4/2/2009, § 806]
Where legal counsel is desired, an attorney, other than the
Township Solicitor, shall be used.
[Ord. 2009-01, 4/2/2009, § 807]
1.
The Board shall conduct hearings and make decisions in accordance
with Article IX of the Planning Code and the following requirements.
A.
Notice of hearings shall be given to the public-by-public notice
as set forth in the Planning Code in a newspaper of general circulation
in the County. Such notice shall state the time and place of the hearing
and the particular nature of the matter to be considered at the hearing.
Written notice shall be given to the applicant, the Zoning Officer,
and to any person who has made timely request for the same. Written
notices shall be prescribed by rules of the Board. In addition to
the notice provided herein, written notice of said hearing shall be
conspicuously posted on the affected tract of land at least one week
prior to the hearing.
B.
The Board of Supervisors may prescribe reasonable fees with respect
to hearings before the Zoning Hearing Board. Fees for said hearings
may include compensation for the Secretary and members of the Zoning
Hearing Board, notice and advertising costs and necessary administrative
overhead connected with the hearing. The costs, however, shall not
include legal expenses of the Zoning Hearing Board, expenses for engineering,
architectural or other technical consultants or expert witness costs.
C.
The first hearing shall be held within 60 days from the date of receipt
of the applicant's application, unless the applicant has agreed
in writing to an extension of time. Each subsequent hearing shall
be held within 45 days of the prior hearing unless otherwise agreed
to by the applicant in writing or on the record. An applicant shall
complete the presentation of his case-in-chief within 100 days of
the first hearing. Upon the request of the applicant, the Board or
Hearing Officer shall assure that the applicant receives at least
seven hours of hearings within the 100 days, including the first hearing.
Persons opposed to the application shall complete the presentation
of their opposition to the application within 100 days of the first
hearing held after the completion of the applicant's case-in-chief.
An applicant may, upon request, be granted additional hearings to
complete his case-in-chief provided the persons opposed to the application
are granted an equal number of additional hearings. Persons opposed
to the application may, upon the written consent or consent of the
record by the applicant and Township, be granted additional hearings
to complete their opposition to the application provided the applicant
is granted an equal number of additional hearings for rebuttal.
D.
The hearings shall be conducted by the Board or the Board may appoint
any member or an independent attorney as a Hearing Officer. The decision,
or, where no decision is called for, the findings shall be made by
the Board, but the parties may waive decision or findings by the Board
and accept the decision or findings of the Hearing Officer as final.
E.
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 by 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.
F.
The Chairman or Acting Chairman of the Board or the Hearing Officer
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.
G.
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.
H.
Formal rules of evidence shall not apply, but irrelevant, immaterial,
or unduly repetitious evidence may be excluded.
I.
The 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 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.
J.
The Board or the Hearing Officer 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, except that advice from the Board's Solicitor
is exempt from this restriction; 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 representative unless all parties are
given an opportunity to be present.
K.
The Board or the Hearing Officer, as the case may be, shall render
a written decision or, when no decision is called for, makes written
findings on the application within 45 days after the last hearing
before the Board or Hearing Officer. Where application is contested
or denied, each decision shall be accompanied by findings of fact
and conclusions based thereon together with the reasons therefore.
Conclusions based on any provisions of this chapter or the Planning
Code, or any 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. If the hearing is conducted by a
Hearing Officer, and there has been no stipulation that his decision
or findings are final, the Board shall make his report and recommendations
available to the parties within 45 days, and the parties shall be
entitled to make written representations thereon to the Board prior
to final decision or entry of findings, and the Board's decision
shall be entered no later than 30 days after the report of the Hearing
Officer. Except for challenges filed under § 916.1 of the
Planning Code, where the Board fails to render the decision within
the period required by this chapter or the Planning Code, or fails
to commence, conduct or complete the required hearing as required
by Article IX of the Planning Code, 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. When
a decision has been rendered in favor of the applicant because of
the failure of the Board to meet or render a decision as herein above
provided, the Board shall give public notice of said decision within
10 days in the same manner as provided in § 607(1) of the
Pennsylvania Municipalities Planning Code. Nothing in this subsection
shall prejudice the right of any party to appeal the decision to a
court of competent jurisdiction.
L.
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/her not later than the day following its date. To all
other persons who have filed their name and address with the Board
no later than the last day of the hearing, the Board shall provide
by mail or otherwise, a brief notice of the decision or findings and
a statement of the place at which the full decision or findings may
be examined.
[Ord. 2009-01, 4/2/2009, § 808]
1.
Substantive challenges to the validity of any land use ordinance,
except those brought before the Board of Township Supervisors pursuant
to §§ 609.1 and 916.1(a)(2) of the Planning Code.
2.
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.
3.
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.
4.
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.
6.
Applications for special exceptions under this chapter or the Floodplain
Ordinance.
7.
Appeals from the Zoning Officer's determination under § 916.2
of the Planning Code.
8.
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 of the Planning Code.
9.
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 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.
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In granting any variance, the Board may attach such reasonable
conditions and safeguards as it may deem necessary to implement the
purpose of this chapter.
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10.
Special Exceptions. The Board shall hear and decide requests for
such special exceptions in accordance with the standards and criteria
of this chapter. 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 the Planning Code and this chapter.
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When this chapter requires certificates, licenses, permits or
similar documents, and when, in the Board's opinion, such documents
will be issued in a matter of time, the Board may issue a conditional
approval based upon the final issuance of such documents.
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[Ord. 2009-01, 4/2/2009, § 809]
Appeals under § 909.1 of the Planning Code and proceedings
to challenge the ordinance under § 27-608 may be filed with
the Board, in writing, by the landowner affected, any officer or agency
of the Township, or any person aggrieved. Requests for a variance
under § 910.2 of the Planning Code may be filed with the
Board by any landowner or any tenant with the permission of such landowner.
[Ord. 2009-01, 4/2/2009, § 810]
No person shall be allowed to file any proceeding with the Board
later than 30 days after an 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/she 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/she shall be bound by the knowledge of his predecessor
in interest. See also § 914.1 of the Planning Code.
[Ord. 2009-01, 4/2/2009, § 811]
Upon filing of any proceeding referred to in § 913.3
of the Pennsylvania Municipalities Planning Code and during its pendency
before the Board, all land development pursuant to any challenged
ordinance, order or approval of the Zoning Officer or of any agency
or body, and all official action there under shall be stayed unless
the Zoning Officer or any other appropriate agency or body certifies
to the Board facts indicating that such stay would cause imminent
peril to life or property, in which case the development or official
action shall not be stayed otherwise than by a restraining order,
which may be granted by the Board or by the court having jurisdiction
of zoning appeals on petition after notice to the Zoning Officer or
other appropriate agency or body. See also § 915.1 of the
Planning Code.
[Ord. 2009-01, 4/2/2009, § 812]
1.
Certain uses, as specified by this chapter, are conditional uses
to be granted or denied by the Board of Township Supervisors. The
Planning Commission is to advise the Board of Township Supervisors
relative to conditional uses. In general, the Board of Township Supervisors
is to be governed by the specific criteria set forth by this chapter,
the general intent of the ordinance, the welfare of the community
and the recommendations of the Planning Commission in rendering its
decision. The Board of Township Supervisors may attach reasonable
conditions to its decision. Specific procedures for action follow:
A.
Where the Board of Township Supervisors, in the zoning ordinances,
has stated conditional uses to be granted or denied by the Board of
Township Supervisors pursuant to express standards and criteria, the
Board of Township Supervisors shall hold hearings on and decide requests
for such conditional uses in accordance with such standards and criteria.
The hearing shall be conducted by the Board of Township Supervisors,
or the Board of Township Supervisors may appoint any member or an
independent attorney as a hearing officer. The decision, or, where
no decision is called for, the findings shall be made by the Board
of Township Supervisors. However, the appellant or the applicant,
as the case may be, in addition to the Township, may, prior to the
decision of the hearing, waive decision or findings by the Board of
Township Supervisors and accept the decision or findings of the Hearing
Officer as final. In granting a conditional use, the Board of Township
Supervisors may attach such reasonable conditions and safeguards,
in addition to those expressed in the ordinance, as it may deem necessary
to implement the purposes of this chapter.
B.
(1)
The Board of Township Supervisors shall render a written decision
or, when no decision is called for, makes written findings on the
conditional use application within 45 days after the last hearing
before the Board of Township Supervisors. Where the application is
contested or denied, each decision shall be accompanied by findings
of fact or conclusions based thereon, together with any reasons thereof.
Conclusions based on any provisions of the Planning Code or of any
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.
(2)
Where the Board of Township Supervisors fails to render the
decision within the period required by this subsection or fails to
commence, conduct or complete the required hearing, as provided in
§ 908(1.2) of the Pennsylvania Municipalities Planning Code,
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. When a decision has been rendered in favor
of the applicant because of the failure of the Board of Township Supervisors
to meet or render a decision as herein above provided, the Board of
Township Supervisors shall give public notice of the decision within
10 days from the last day it could have met to render a decision in
the same manner as required by the public notice requirements of this
act. If the Board of Township Supervisors shall fail to provide such
notice, the applicant may do so.
(3)
Nothing in this subsection shall prejudice the right of any
party opposing the application to appeal the decision to a court of
competent jurisdiction. 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/her no later than the day following
its date.
