A.
The word "Board" when used in this article shall mean the Zoning
Hearing Board.
B.
The membership of the Board shall, upon the determination of the
governing body, consist of either three or five residents of the municipality
appointed by the governing body. The terms of office of a three-member
Board shall be three years and shall be so fixed that the term of
office of one member shall expire each year. The terms of office of
a five-member Board shall expire each year. If a three-member Board
is changed to a five-member Board, the members of the existing three-member
Board shall continue in office until their term of office would expire
under prior law. The governing body shall appoint two additional members
to the Board with terms scheduled to expire in accordance with the
provisions of this section. The Board shall promptly notify the governing
body 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 municipality.
C.
Any Board member may be removed for malfeasance, misfeasance or nonfeasance
in office or for other just cause by a majority vote of the governing
body which appointed the member, taken after the member has received
15 days' advanced 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 Township Board of Supervisors may appoint no more than three
residents of the Township to serve as alternate members of the Board.
The term of office of an alternate shall be three years.
A.
If by reason of absence or disqualification of a member a quorum
is not reached, the Chairperson of the Board shall designate as many
alternate members of the Board to sit on the Board as may be needed
to provide a quorum. An alternate so designated shall be entitled
to participate in all proceedings and discussions of the Board to
the same and full extent as provided by law for Board members, including
specifically the right to cast a vote as a voting member during the
proceedings, and shall have all the powers and duties set forth in
this article and as otherwise provided by law.
B.
Any alternate member of the Board shall continue to serve on the
Board in all proceedings involving the matter or case for which the
alternate was initially appointed until the Board has made a final
determination of the matter or case.
C.
Alternate members may hold no other office in the Township.
A.
The Board shall annually elect officers from its membership.
B.
For the conduct of any hearing and the taking of any action, a quorum
shall be no less than two voting members, but the Board may appoint,
from its own membership, a hearing officer to conduct any hearing
on its behalf, and the parties may waive further action by the Board.
C.
The Board may make, alter and rescind rules and forms for its procedures,
consistent with ordinances of the Township and the laws of the commonwealth.
D.
The Board shall keep public records of its business, which records
shall be the property of the Township, and shall submit reports of
its activities to the Township as requested by the Township Board
of Supervisors.
The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudications in accordance with the requirements of Article IX of the Municipalities Planning Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10901 et seq.
Challenges and appeals 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 variance or special exception
may be filed by any landowner or any tenant with permission of the
landowner. An appeal or application regarding a matter within the
jurisdiction of the Zoning Hearing Board may be filed with the Zoning
Officer on forms provided by the Zoning Hearing Board, and shall state:
A.
The name and address of the applicant and of the applicant's representative(s)
or agent(s), where applicable.
B.
The name and address of the record owner of the property that is
the subject of the application or appeal. Where the applicant is not
the record owner of the subject property, a signed and notarized statement
from the record owner, authorizing the applicant to pursue the specific
appeal or application.
C.
A copy of the deed to the subject property.
D.
A brief description and location of the subject property, along with
a survey and/or sketch of the property boundaries.
E.
A statement of the present zoning classification of the subject property
with the improvements thereon and the present use thereof.
F.
A statement of the section of this chapter under which consideration
by the Board is requested, along with a summary of reasons or arguments
in support of the request.
G.
A reasonably accurate description of the improvements or changes
intended to be made under the application. In addition, there shall
be attached a plot plan of the property to be affected, indicating
the location and size of the lot, and the size and location of the
existing and proposed improvements or changes.
A.
Immediately upon receipt of an application, the Zoning Officer shall
promptly forward the application to the Zoning Hearing Board Solicitor.
B.
The Zoning Hearing Board Solicitor, in consultation with the Chairperson,
shall fix a reasonable time and place for a public hearing on the
application. Said hearing shall occur no more than 60 days after the
application is made to the Township, unless the applicant has agreed,
in writing, to an extension of time.
C.
A true and correct copy of the application and all related information
shall be forwarded to each member of the Zoning Hearing Board and
to the Chairperson of the Township Board of Supervisors, the Township
Manager and the Township Solicitor.
The Board shall schedule a public hearing and shall give public
notice, as well as written notice as follows:
A.
Written notice shall be given to:
(1)
The record owner, applicant and applicant's representative.
(2)
Adjacent landowners whose property is situated in Perkiomen Township.
(3)
The Township Board of Supervisors, Solicitor, Manager and Zoning
Officer.
(4)
All parties in interest who have entered their appearance and any
other person registered for that purpose.
(5)
A list of all landowners whose property is situated in Perkiomen
Township and lies within 500 feet of the applicant's land. The list
of names shall be supplied by the applicant at his or her own cost
and expense.
A.
Zoning Hearing Board hearings shall be held at the call of the Chairperson
and at such times as the Board may determine.
B.
Hearings may be conducted by the Board, which may appoint any member
as a hearing officer. The decision or findings shall be made by the
Board; however, the applicant may, prior to a decision, waive a decision
or findings by the Board and accept the decision or findings of the
hearing officer as final.
C.
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 the power to
require that all persons who wish to be considered parties enter appearances,
in writing, on forms provided for that purpose.
D.
The Chairperson or Acting Chairperson or hearing officer may administer
oaths and issue subpoenas to compel the attendance of witnesses and
production of relevant documents and papers, including witnesses and
documents requested by the parties.
E.
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.
F.
Formal rules of evidence shall not apply, but irrelevant, immaterial
or unduly repetitious evidence may be excluded.
G.
The Board or the hearing officer 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.
H.
The Board or hearing officer shall not, except upon notice and opportunity
for all parties to be present, participate and inspect and contest
materials, engage in any of the following activities:
(1)
Communicate, directly or indirectly, with any party or his or her
representative in connection with any issue involved.
(2)
Take notice of any communication, reports, staff memoranda or other
materials, except advice from the Solicitor.
(3)
Inspect the subject site or its surroundings after commencement of
hearings with any party or his or her representative.
A.
The Zoning Hearing Board or hearing officer shall render a written
decision or, when no decision is called for, make written findings
on the application within 45 days of the last hearing. When the application
is contested or denied, the decision shall be accompanied by findings
of fact and conclusions based upon findings. Conclusions based on
any provision of a Township ordinance shall contain a reference to
the provision.
B.
If the hearing is conducted by a hearing officer and there has been
no stipulation that his or her decision or findings are final, the
Board shall make his or her report and recommendations available to
the parties within 45 days, and the parties shall be entitled to make
written representations to the Board prior to final decision or entry
of findings. The Board's decision shall be entered no later than 30
days after the report of the hearing officer.
C.
Where the Board fails to render the decision within the required
period or fails to hold the required hearing within 60 days of application,
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.
D.
When a decision has been deemed to have been rendered in favor of
the applicant because of the failure of the Board to hold a hearing
or render a decision as provided, the Board shall give public notice
of said deemed decision within 10 days from the last day it could
have met to render a decision. If the Board shall fail to provide
such notice, the applicant may do so. Nothing in this subsection shall
prejudice the right of any party opposing the application to appeal
the decision to a court of competent jurisdiction.
E.
A copy of the final decision or findings shall be delivered to the
applicant personally or mailed to him or her not later than the day
following its date. To all other persons who have filed their names
and addresses with the Board not later than the last day of the hearing,
the Board shall provide, by mail or otherwise, brief notice of the
decision or findings and a statement of the place at which the full
decision or findings may be examined.
In the consideration of an application, the Board shall:
A.
Consider the suitability of the property for the use desired. Assure
itself that the proposed change is consistent with the spirit, purpose
and intent of the Zoning Ordinance and Comprehensive Plan.
B.
Determine that the proposed change will not substantially injure
or detract from the use of neighboring property or from the character
of the neighborhood and that the use of the adjacent property is adequately
safeguarded.
C.
Determine that the proposed change will serve the best interests
of the Township, the convenience of the community (where applicable),
and the public welfare.
D.
Consider the effect of the proposed change upon the logical, efficient
and economical extension of public services and facilities such as
public water, sewers, police and fire protection, and public schools.
E.
Consider the suitability of the proposed location of use with respect
to probable effects upon highway traffic, and assure adequate access
arrangements in order to protect major roads from undue congestion
and hazard.
F.
Be guided in its study, review and recommendation by sound standards
of subdivision and land development practice, where applicable.
G.
Impose such conditions and safeguards in addition to those required
as are necessary to assure that the intent of this chapter and the
Comprehensive Plan are complied with, which conditions may include
(but are not limited to) harmonious design of buildings, planting
and its maintenance as a sight or sound screen, the minimizing of
noxious, offensive or hazardous elements, and adequate standards of
parking, loading and sanitation.
H.
The Zoning Hearing Board shall be limited to consideration of applications
as they relate to ordinance provisions in effect at the time of the
application. The Township Board of Supervisors shall retain the exclusive
right to enact and amend ordinances.
A.
Variance. The Board shall hear requests for variances where it is
alleged that the provisions of the Zoning Ordinance inflict unnecessary
hardship upon the applicant. The Board may grant a variance, provided
that all of the following findings are made:
(1)
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 and not the circumstances
or conditions generally created by the provisions of the Zoning Ordinance
in the neighborhood or district in which the property is located.
(2)
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.
(3)
That the unnecessary hardship has not been created by the applicant.
(4)
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.
(5)
That the variance, if authorized, will represent the minimum variance
that will afford relief and will represent the least modification
possible of the regulation at issue.
B.
Special exception. The Zoning Hearing Board shall hear and decide requests for special exceptions. The Zoning Hearing Board shall hear and decide requests for special exceptions in accordance with such standards and criteria set forth within § 310-18 of the article and any relevant conditions in this chapter. In granting a special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards, in addition to those expressed in this article, as it may deem necessary to implement the purposes of this chapter.
C.
Burden of proof. For variances, the burden of proof shall be on the applicant to show by substantial evidence that all of the requirements of Subsection A of this section are met. For special exceptions, the applicant shall be entitled to the special exception upon a showing of substantial evidence that the application complies with the express standards and criteria authorizing the special exception. Anyone with standing to oppose an application shall have the burden of proof to demonstrate by substantial evidence that, if approved, the application would be injurious to the public health, safety, morals or welfare or pose a threat to the community.
A.
Time limitations on appeals.
(1)
All appeals from determinations adverse to the landowners shall be
filed by the landowner within 30 days after notice of the determination
is issued.
(2)
Appeals designed to secure reversal or limit the approval of any
application for development, preliminary or final, shall be filed
with the Board no later than 30 days after the application is approved
by an appropriate Township officer or agency, unless the person filing
alleges and proves that he or she had no notice, knowledge or reason
to believe that such approval had been given. If such person succeeded
to his or her interest after such approval, he or she shall be bound
by the knowledge of his or her predecessor in interest.
B.
Effect of filing. When an appeal is filed, further development or
official action pursuant to the appealed determination or approval
shall be stayed until issuance of a final decision or findings by
the Board. If the Zoning Officer or other Township agency presents
facts to the Board, indicating that such a stay would cause imminent
peril to life or property, development or official action can only
be stayed by restraining order granted by the Board or by a court
of competent jurisdiction.
C.
Substantive validity challenge. A landowner who desires to challenge,
on substantive grounds, the validity of a map or ordinance provision
which prohibits or restricts the use or development of land in which
he or she has an interest may submit the challenge either to the Zoning
Hearing Board or, with a request for curative amendment, to the Township
Board of Supervisors.
(1)
The written application to the Zoning Hearing Board shall contain
the reasons for the challenge.
(2)
Public notice of the hearing shall include notice that the validity
of the ordinance or map is in question and shall specify the place
and time where a copy of the request and its accompanying materials
may be examined by the public.
(3)
Based upon the testimony at the hearing(s), the Board shall determine
whether the challenged chapter or map is defective, as alleged. If
the challenge is found to have merit, the decision of the Board shall
include recommended amendments to the challenged chapter which will
cure the defects found.
(4)
In reaching its decision, the Board shall consider the plans and
explanatory material submitted by the landowner and shall also consider:
(a)
The impact of the proposal upon roads, sewer facilities, water
supplies, schools and other public service facilities.
(b)
If the proposal is for residential use, the impact of the proposal
upon regional housing needs and the effectiveness of the proposal
in providing housing units of a type actually available to and affordable
by classes of persons otherwise unlawfully excluded by the challenged
provisions of the chapter or map.
(c)
The suitability of the site for the intensity of use proposed
by the site's soils, slopes, woodland, wetlands, floodplains, aquifers,
natural resources and other natural features.
(d)
The impact of the proposed use on the site's soils, slopes,
woodland, wetlands, floodplains, aquifers, natural resources and other
natural features; the degree to which these are protected or destroyed;
the tolerance of the resources to development, and any adverse environmental
impacts.
(e)
The impact of the proposal on the preservation of agriculture
and other land uses which are essential to public health and welfare.
(5)
If the Board fails to act on the request within 45 days of the last
hearing, a denial of the request is deemed to have occurred.
Unless otherwise specified by the Board, a special exception
or variance shall expire if the applicant fails to obtain any and
all permits within six months of the date of authorization thereof.
