[Ord. No. 2015-03, 6/3/2015]
[Ord. No. 2015-03, 6/3/2015]
A Zoning Hearing Board is established in order that the objectives
of this chapter may be fully and equitably achieved and a means for
competent interpretation of this chapter provided.
[Ord. No. 2015-03, 6/3/2015]
1.
The Shrewsbury Township Zoning Hearing Board shall consist of three
members and two alternates appointed by the Board of Supervisors.
The terms of office of each member shall be three years, so fixed
that the term of office of one member shall expire each year. Members
of the Board shall hold no other office in the Township.
2.
The Board shall elect a chairman, a vice-chairman and secretary from
its membership who shall serve annual terms and may succeed themselves.
The Board shall promptly notify the Board of Supervisors of any vacancies
that occur. Appointments to fill vacancies shall be only for the unexpired
portion of the term.
[Ord. No. 2015-03, 6/3/2015]
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 public hearing
shall be held in connection with the vote, if the member shall request
in writing.
[Ord. No. 2015-03, 6/3/2015]
The Pennsylvania Municipalities Planning Code[1] governs the powers and duties of the Zoning Hearing Board. The provisions of §§ 27-1905 through 27-1909 below shall serve as a supplement thereto. In cases of any conflict, the provisions of the Pennsylvania Municipalities Planning Code shall prevail.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[Ord. No. 2015-03, 6/3/2015]
Any person aggrieved by a decision of the Zoning Officer or
by an enforcement notice sent by the Township pursuant to the Municipalities
Planning Code shall have the right to appeal to the Zoning Hearing
Board within 30 days of such decision by filing with the Zoning Officer,
specifying the grounds thereof and including the following:
1.
The name and address of the applicant or appellant;
2.
The name and address of the owner of the lot to be affected by such
appeal;
3.
A brief description and location of the lot to be affected by such
appeal;
4.
A statement of the present zoning classification of the lot in question,
the improvements thereon and the present use thereof;
5.
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;
6.
A reasonably accurate description of the present improvements and
the additions or changes intended to be made under this application,
indicating the size, material and general construction thereof. In
addition, there shall be attached a plot plan of the real property
to be affected, indicating the location and size of the lot and size
of improvements existing thereon and proposed to be erected thereon;
and
7.
In the case of an appeal from an enforcement notice, the appeal must
include:
A.
A detailed statement setting forth any factual allegations in the
enforcement notice with which the applicant disagrees; and
B.
A detailed statement setting forth any legal conclusion in the enforcement
notice with which the applicant disagrees together with any affirmative
defenses that the applicant may claim, such as nonconforming use,
laches, waiver, nonapplicability of ordinance provisions, or invalidity
of relevant ordinance provisions.
8.
Any defense must be set forth with sufficient detail and specificity
to enable the Township and Zoning Hearing Board to fully understand
the claims made by appellant.
[Ord. No. 2015-03, 6/3/2015]
Where unnecessary hardship exists resulting from the strict
interpretation of this chapter, the Board may grant a variance. In
considering any appeal for a variance, the Board shall pursue the
following procedure:
1.
Upon appeal from a decision by the Zoning Officer, the Board shall
hear requests for variances where it is alleged that the provisions
of this chapter inflict unnecessary hardship on the applicant. The
Board shall prescribe the form of application and required preliminary
application to the Zoning Officer.
2.
A copy of each request for a variance shall be submitted to the Township
Planning Commission for review. The Zoning Hearing Board shall not
complete hearings on any application without receiving an advisory
report from the Township Planning Commission, which report may be
submitted to the Zoning Hearing Board in writing or verbally at a
hearing; provided, however, if the hearings are completed more than
30 days following the submission to the Planning Commission, the Zoning
Hearing Board may complete the hearing process irrespective of whether
the Planning Commission has submitted its report.
3.
The Board's decision to grant a permit for a variance shall be made
only after public notice and hearing. Such permit shall apply specifically
to the appeal and plans submitted and presented at said public hearing.
Any subsequent amendments or additions shall be subject to additional
review and public hearing by the Zoning Hearing Board.
4.
The Board may thereafter grant a variance authorizing the Zoning
Officer to issue a zoning permit, provided all of the following findings
are made in a given case.
A.
That there are unique physical circumstances or conditions including
irregularity, narrowness or shallowness, 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 the authorization of a variance
is therefore necessary to enable the reasonable use of the property;
C.
That such unnecessary hardship had 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 or permanently impair the appropriate use or development
of adjacent property nor be detrimental to the public welfare; nor
E.
That the variance, if authorized, will represent the minimum variance
that will afford relief and the least modification possible of the
regulation in issue and will not permit the establishment of a principal
or accessory use not otherwise permitted by this chapter.
5.
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.
6.
Unless
otherwise specified or extended by the Zoning Hearing Board, a variance
authorized by the Board expires if the applicant fails to obtain,
where required to do so, a building permit or use certificate within
six months following the date of the grant of the variance or fails
to complete the work in the six months next following the issuance
of a building permit; excepting that in cases where the grant of a
building permit or use certificate must be preceded by Township approval
of a subdivision or land development plan, the variance granted by
the Board expires if:
[Added by Ord. No. 2020-01, 8/5/2020]
A.
The
applicant fails to file with the Township a preliminary subdivision
or land development plan meeting applicable subdivision and zoning
requirements within six months next following the date of the grant
of the variance; or
B.
The
applicant fails to file with the Township a final subdivision or land
development plan meeting applicable subdivision and zoning requirements
within six months next following the date of the approval by the Township
of the preliminary plan; or
C.
The
applicant fails to obtain a building permit or use certificate within
six months next following the date of the approval by the Township
of the final plan; or
D.
The
applicant fails to complete the work within six months of the issuance
of the building permit.
[Ord. No. 2015-03, 6/3/2015]
In this chapter, special exceptions may be granted or denied
by the Board pursuant to express standards and criteria contained
elsewhere in this chapter and general provisions contained in this
section. The Board shall pursue the following procedure:
1.
The Board's decision to grant a permit for special exception use
shall be made only after public notice and hearing. Such permit shall
apply specifically to the application and plans submitted and presented
at said public hearing. Any subsequent amendments or additions shall
be subject to review and public hearing by the Zoning Hearing Board
as a special exception use.
2.
A copy of each application for a special exception shall be submitted
to the Township Planning Commission for review. The Zoning Hearing
Board shall not complete hearings on any application without receiving
an advisory report from the Township Planning Commission, which report
may be submitted to the Zoning Hearing Board in writing or verbally
at a hearing; provided, however, if the hearings are completed more
than 30 days following the submission to the Planning Commission,
the Zoning Hearing Board may complete the hearing process irrespective
of whether the Planning Commission has submitted its report.
3.
The Zoning Hearing Board may thereafter authorize the Zoning Officer
to issue a zoning permit if in its judgment the use meets all specific
standards and criteria contained in this chapter and the following
general provisions.
A.
Purpose. The intended purpose of the proposed use must be consistent
with the Township's development objectives established in the Comprehensive
Plan.
B.
Compatibility. The proposed use shall be in the best interest of
properties in the general area as well as the community at large.
The proposed use will be reviewed as to its relationship to and effect
on surrounding land uses and existing environmental conditions regarding
the pollution of air, land and water; noise; potential of hazards
and congestion; illumination and glare; restrictions to natural light
and circulation of air.
C.
Suitability. The proposed use shall be suitable for the property
in question and shall be designed, constructed, operated and maintained
suitably for the anticipated activity and population served, numbers
of participating population, frequency of use, adequacy of space and
traffic generation.
D.
Serviceability. Assurance shall be made as to the adequacy and availability
of utility services and facilities such as sanitary and storm sewers,
water, trash and garbage collection and disposal, and the ability
of the Township to supply such services.
E.
Accessibility. The proposed use shall provide adequate ingress and
egress, interior circulation of pedestrians and vehicles, off-street
parking and accessibility to the existing or proposed Township street
system.
G.
Water Supply. The applicant must establish that there is an adequate
water supply for the proposed use without adversely affecting water
supplies utilized by neighboring properties. If connection to an existing
public water supply system is proposed, the applicant must submit
an agreement committing the public water supply system to provide
such water as will be utilized by the proposed special exception use
for such period of time and under such terms and conditions as the
public water supply system provides water service elsewhere in its
service area. If the water supply system proposed involves the utilization
of water obtained from the tract proposed for the location of the
special exception use or from a nearby tract, the applicant must establish
that the groundwater recharge on the tract where the water supply
system is located, after development, computed during drought conditions
(periods when precipitation is 40% below normal) will exceed projected
water usage. The Zoning Hearing Board may require as a condition of
approval that the applicant execute an agreement with the Township
committing the proposed special exception use not to utilize more
water on a daily basis than the groundwater recharge computed during
drought conditions and to establish procedures pursuant to which usage
can be verified.
H.
Drainage. The applicant must establish that the drainage requirements
of this chapter will be complied with.
I.
Sewage. The applicant must establish that adequate provisions will
be made to dispose of the sewerage created by the proposed use consistent
with the requirements set forth in the regulations promulgated by
the Pennsylvania Department of Environmental Protection.
4.
The applicant shall have the burden of proof with respect to each
and every standard and requirement for the obtaining of a special
exception as set forth in this chapter. The applicant's burden shall
include the burden of going forward with the evidence and the burden
of persuasion with respect to all questions of fact that are to be
determined by the Zoning Hearing Board.
5.
In granting a special exception, the Zoning Hearing Board shall establish
as conditions to the grant of any special exception compliance with
the applicable requirements set forth in this chapter, and in addition,
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.
6.
Unless otherwise specified or extended by the Zoning Hearing Board,
a special exception authorized by the Board expires if the applicant
fails to obtain, where required to do so, a building permit or use
certificate within six months following the date of the grant of the
special exception or fails to complete the work in the six months
next following the issuance of a building permit; excepting that in
cases where the grant of a building permit or use certificate must
be preceded by Township approval of a subdivision or land development
plan, the special exception granted by the Board expires if:
[Amended by Ord. No. 2020-01, 8/5/2020]
A.
The applicant fails to file with the Township a preliminary subdivision
or land development plan meeting applicable subdivision and zoning
requirements within six months next following the date of the grant
of the special exception; or
B.
The applicant fails to file with the Township a final subdivision
or land development plan meeting applicable subdivision and zoning
requirements within six months next following the date of the approval
by the Township of the preliminary plan; or
C.
The applicant fails to obtain a building permit or use certificate
within six months next following the date of the approval by the Township
of the final plan; or
D.
The applicant fails to complete the work within six months of the
issuance of the building permit.
[Ord. No. 2015-03, 6/3/2015]
Except for procedural questions regarding the process of enactment of any ordinance or its amendment or for appeal for a curative amendment as provided in § 27-2002, the Board shall hear all challenges to the validity of this chapter. In all such challenges, the Board shall take evidence and make a record thereon as provided in § 27-1913, herein. At the conclusion of the hearing, the Board shall decide all contested questions and make findings on all relevant issues of fact, which shall become a part of the record on appeals to Court.
[Ord. No. 2015-03, 6/3/2015]
[Ord. No. 2015-03, 6/3/2015]
Appeals from a decision of the Zoning Officer and proceedings
to challenge the validity of the ordinance may be filed with the Board
in writing, by any officer or agency of the Township or any person
aggrieved. Requests for a variance or special exception, however,
must be filed with the Board by an affected landowner or any authorized
agent of such landowner.
[Ord. No. 2015-03, 6/3/2015]
The Board shall conduct hearings on any appeal, variance, special
exception, challenge or other matter requiring the Board's decision
or other official action. Upon the filing with the Zoning Hearing
Board of an appeal or application, the Board shall fix a reasonable
time and place for a public hearing thereon and give notice as follows:
2.
Post, in a conspicuous place on the property involved, a notice of
pending action; such posting is to take place at least 15 days prior
to the public hearing.
3.
Give written notice of all applicable Zoning Hearing Board and Planning
Commission meetings to parties whose properties adjoin or are across
public streets from the property in question.
[Ord. No. 2015-03, 6/3/2015]
The Board shall prescribe rules for the conduct of its meetings,
such rules to be in conformance with the Pennsylvania Municipalities
Planning Code and this chapter. Meetings shall be held at the call
of the chairman and at such other times as the Board may specify in
its rules of procedure. Meetings shall be open to the public, and
a quorum of two members shall be required for the Board to take action.
[Ord. No. 2015-03, 6/3/2015]
1.
The Board shall keep a stenographic record of the proceedings and
a transcript of the proceedings and copies of graphic or written material
received in evidence shall be made available to any party at cost.
2.
The Board shall keep full public records of its business and shall
submit a report of its activities to the Board of Supervisors once
a year.
3.
The Board shall render a written decision or, when no decision is
called for, make written findings on the application within 45 days
after its last hearing. Each decision shall be accompanied by findings
of fact and conclusions based thereon, together with the reasons therefor.
[Ord. No. 2015-03, 6/3/2015]
Any person aggrieved by any decision of the Zoning Hearing Board
may within 30 days after such decision of the Board appeal to the
Court of Common Pleas of York County, Pennsylvania, by petition duly
verified, setting forth that such decision is arbitrary, capricious,
an abuse of discretion or otherwise not in accordance with law and
specify the grounds on which he relies. Such appeals shall be made
in accordance with Part 10 of the Pennsylvania Municipalities Planning
Code (Act 247).
[Ord. No. 2015-03, 6/3/2015]
At the time of making an appeal or application to the Zoning
Hearing Board for any cause or to the Board of Supervisors for an
amendment or for a curative amendment, each appellant or applicant
shall submit a deposit to the Township in accordance with a fee schedule
adopted by resolution of the Board of Supervisors. The deposit is
established to reimburse the Township for all reasonable advertising,
stenographic, engineering or planning services incurred by the Township
in connection with the subject appellant's or applicant's hearing
before the Zoning Hearing Board or the Board of Supervisors, as the
case may be, and in addition, the cost of compensation to the members
of the Zoning Hearing Board or Board of Supervisors which hears the
action. Upon completion of the hearing, or if the hearing lasts more
than one day, periodically during the course of the hearing, the appellant
or applicant shall be billed for expenses in excess of the deposit
and shall promptly pay such excess amount. Upon completion of the
hearing, the appellant or applicant shall be reimbursed that amount
of the deposit not expended. The payment of fees and costs set forth
above shall be a prerequisite to the validity of any permit, variance,
ruling, or decision issued in favor of an applicant pursuant to any
proceeding initiated before the Zoning Hearing Board or the Board
of Supervisors.
