There is hereby created a Zoning Hearing Board, herein referred
to as the "Board," consisting of three residents of the Township,
appointed by resolution of the Board of Supervisors, pursuant to the
Pennsylvania Municipalities Planning Code, as amended.[1] Said Board shall perform all the duties, and exercise
all powers prescribed by said Code and as herein further provided.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
The terms of office of the Board shall be three years 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 office in the Township, nor be a member of the Planning Commission. The Board of Supervisors shall also appoint one alternate member to the Board. The appointment, rights and duties of the alternate shall be in accordance with Article IX of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10901 et seq.
Any Board member may be removed for 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.
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
where two members are 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 Section 908 of the Planning Code.[1] 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 as requested by the Board of Supervisors.
[1]
Editor's Note: See 53 P.S.§ 10908.
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. Members of
the Board may receive compensation for the performance of their duties,
as may be fixed from time to time by the Board of Supervisors, but
in no case shall it exceed the rate of compensation authorized to
be paid to the members of the Board of Supervisors.
Where legal counsel is desired, an attorney, other than the
Township Solicitor, shall be used.
The Board shall conduct hearings and make decisions in accordance
with the following requirements.
A.
Notice shall be given to the public by notice published once each
week for two successive weeks in a newspaper of general circulation
in the Township. Such notice shall state the time and place of the
hearing and the particular nature of the matter to be considered at
the hearing. The first publication shall be not more than 30 days
or less than seven days from the date of 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 hearing shall be held within 60 days from the date of the applicant's
request, unless the applicant has agreed, in writing, to an extension
of time.
D.
The hearings shall be conducted by the Board or the Board may appoint
any member 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, make 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 therefor.
Conclusions based on any provisions of this chapter or the Planning
Code,[1] 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.
Where the Board fails to render the decision within the period required
by this chapter or the Planning Code, or fails to hold the required
hearing within 60 days from the date of the applicant's request for
a hearing, 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 hereinabove provided, the Board shall give
public notice of said decision within 10 days in the same manner as
provided in Subsection 908(9) of the Pennsylvania Municipalities Planning
Code, 53 P.S. § 10908(9). Nothing in this subsection shall
prejudice the right of any party to appeal the decision to a court
of competent jurisdiction. All variances granted by the zoning hearing
board and conditional uses granted by the Board of Supervisors shall
expire 18 months from the date of the Board's action unless construction
has been initiated or a land development plan has been submitted for
approval.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art I.)
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
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 not later than the day following its date. 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, a brief notice of the decision or findings and a statement
of the place at which the full decision or findings may be examined.
The Board shall have exclusive jurisdiction for the following:
B.
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 therefor, the issuance of any cease-and-desist
order or the registration or refusal to register any nonconforming
use, structure or lot.
C.
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.
F.
Appeals from the determination of the Zoning Officer or Municipal 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.
G.
Variances:
(1)
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; and
(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 purpose of
this chapter. All variances granted by the Zoning Hearing Board shall
expire 18 months from the date of the Board's action approving the
variance, unless a land development plan has been submitted or a construction
permit obtained. All variances shall expire 18 months from the date
of the Board's action to approve unless construction has been initiated
or a land development plan has been submitted for approval. The preceding
time limitation in this section shall also apply to existing approval,
and the eighteen-month period shall begin upon the enactment date
of this chapter.
Appeals under § 425-96 and proceedings to challenge this chapter under § 425-96 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 § 425-96 may be filed with the Board by any landowner or any tenant with the permission of such landowner.
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 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. See also Section 914.1 of the Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10914.1.
Upon filing of any proceeding referred to in § 425-96 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 thereunder 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 Section 915.1 of the Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10915.1.
