The Supervisors shall appoint a Zoning Hearing Board in accordance with Article IX of the Pennsylvania Municipalities Planning Code.[1] The Zoning Hearing Board may adopt its procedures, including
the requirements for giving notice as required by the Planning Code.
The Zoning Hearing Board shall hold meetings, keep minutes, conduct
hearings pursuant to notice, compel the attendance of witnesses, take
testimony under oath and render decisions as required by law.
[1]
Editor's Note: See 53 P.S. § 10901 et seq.
The membership of the Zoning Hearing Board shall consist of
three residents of the Township appointed by a resolution of the Township
Supervisors. Their terms of office shall be three years and shall
be so fixed that the term of office of one member shall expire each
year. The Zoning Hearing Board shall promptly notify the Township
Supervisors when vacancies occur. Appointments to fill vacancies shall
be only for the unexpired portion of the term. Members of the Zoning
Hearing Board shall hold no other office in the Township, including
membership on the Planning Commission and Zoning Officer.
A.
Appointment of alternate members. The Township Supervisors may appoint by resolution at least one, but no more than three, residents of the Township to serve as alternate members of the Zoning Hearing Board. The term of office of an alternate member shall be three years. When seated pursuant to the provisions of § 460-1501B, an alternate shall be entitled to participate in all proceedings and discussions of the Zoning Hearing 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 chapter, the Municipalities Planning Code, and as otherwise provided by law. Alternates shall hold no other office in the Township, including membership on the Planning Commission and Zoning Officer. Any alternate may participate in any proceeding or discussion of the Zoning Hearing Board but shall not be entitled to vote as a member of the Zoning Hearing Board, nor be compensated, unless designated as a voting alternate member pursuant to § 460-1501B of this chapter.
B.
Participation by alternate members. If, by reason of absence or disqualification
of a member, a quorum is not reached, the Chairman of the Zoning Hearing
Board shall designate as many alternate members of the Zoning Hearing
Board to sit on the Zoning Hearing Board as may be needed to provide
a quorum. Any alternate member of the Zoning Hearing 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. Designation of an
alternate pursuant to this subsection shall be made on a case-by-case
basis in rotation according to declining seniority among all alternates.
The Zoning Hearing Board shall have all the powers and duties conferred upon it by Article IX of the Municipalities Planning Code.[1]
A.
Jurisdiction. The Zoning Hearing Board shall have exclusive jurisdiction
to hear and render final adjudication in the following matters:
(1)
Substantive challenges to the validity of any land use ordinance,
except curative amendments brought before the Township Supervisors.
(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 with 30 days after
the enactment of the challenged ordinance.
(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 therefor, 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 Chapter 205, Floodplain Management.
(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
subdivision and land development applications or planned residential
development applications.
C.
Challenges to the validity of an ordinance or map. Any landowner
who, on substantive grounds, desires to challenge the validity of
this chapter or the Zoning Map or any amendment thereto under Section
909.1 of the Pennsylvania Municipalities Planning Code[3] shall submit a written request to the Zoning Hearing Board
containing all of the information required by Section 916.1 of the
Pennsylvania Municipalities Planning Code.[4]
Any person aggrieved by a use or development permitted on land
of another person which is authorized by this chapter or the Zoning
Map or any amendment who desires to challenge its validity on substantive
grounds thereto shall first submit their challenge, in writing, to
the Zoning Hearing Board in accordance with Section 916.1 of the Municipalities
Planning Code stating the substantive grounds for the challenge.
D.
Variances. In accordance with Section 910.2 of the Pennsylvania Municipalities
Planning Code,[5] the Zoning Hearing Board may grant a variance, provided
that all of the following findings are made when relevant in a given
case. The Zoning Hearing Board shall hear requests for variances where
it is alleged that the provisions of this chapter inflict unnecessary
hardship upon the applicant.
(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 peculiar
to the particular property, and that the unnecessary hardship is not
financial and is due to such unique physical 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.
(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 such unnecessary hardship has not been created by the appellant.
(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 in issue.
(6)
In granting a variance, the Zoning Hearing Board may attach such
reasonable conditions and safeguards as it may deem necessary to implement
the purposes of this chapter and the Pennsylvania Municipalities Planning
Code.
[5]
Editor's Note: See 53 P.S. § 10910.2.
E.
Uses by special exception. The Zoning Hearing Board shall have the power to hear and decide applications for uses by special exception as authorized by this chapter. The Zoning Hearing Board shall approve a use by special exception only if it meets the general standards contained in § 460-1301 and the express standards and criteria for the specific use contained in § 460-1302 of this chapter. In granting a use by special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards, in addition to those expressly listed in this chapter, as it may deem necessary to properly implement the purposes of this chapter and protect the public health, safety and welfare.
[1]
Editor's Note: See 53 P.S. § 10901 et seq.
Members of the Zoning Hearing Board may receive compensation
for the performance of their duties as may be fixed by the Township
Supervisors, but in no case shall it exceed the rate of compensation
authorized to be paid to the Township Supervisors. Within the limits
of funds appropriated by the Township Supervisors, the Zoning Hearing
Board may employ or contract for secretaries, clerks, legal counsel,
consultants and other technical and clerical services. Alternate members
of the Zoning Hearing Board may receive compensation for the performance
of their duties when designated as alternate members.
A.
Fees for hearings. The Township 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. Fees shall be established from time to time by resolution
of the Township Supervisors. A copy of the current fee schedule shall
be available for public inspection from the Township Secretary.
B.
Stenographer's appearance fee and transcripts. The appearance fee
for a stenographer shall be shared equally by the applicant and the
Zoning Hearing Board. The cost of the original transcript shall be
paid by the Zoning Hearing Board if the transcript is ordered by the
Zoning Hearing Board or hearing officer or shall be paid by the person
appealing from the decision of the Zoning Hearing 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.
For all applications and appeals filed before the Zoning Hearing
Board, the following procedures shall apply.
A.
Specificity. Every appeal or application shall refer to the specific
provisions of this chapter which are involved, and shall set forth
exactly the interpretation that is claimed, the use for which approval
is sought, or the justification for the variance for which application
is made.
B.
Hearings. The first hearing shall be held within 60 days of the applicant's
request unless the applicant has agreed, in writing, to an extension
of time. Public notice, as defined herein, of the hearing shall be
given to the public and notice shall be given to the applicant, the
Zoning Officer, any person making a timely request and such other
persons as the Zoning Hearing Board may designate. Written notices
shall be given at such time and in such manner as shall be prescribed
by ordinance, or by the rules of the Board. A notice of the hearing
shall be posted conspicuously on the affected tract or land in a conspicuous
location so that it is visible from the road at least one week prior
to the hearing.
C.
Conduct of hearings. All hearings shall be conducted by the Zoning
Hearing Board in accordance with the provisions of Section 908 of
the Pennsylvania Municipalities Planning Code,[1] this chapter and the rules of the Zoning Hearing Board.
A hearing officer may be appointed consistent with the provisions
of Section 908 of the Municipalities Planning Code. When a hearing
officer is used, the applicant may accept the decision or findings
of the hearing officer as final and prior to the decision of the hearing,
may waive the decisions of findings of the Zoning Hearing Board.
[1]
Editor's Note: See 53 P.S. § 10908.
D.
Decisions. The Zoning Hearing Board shall render a written decision
within 45 days after the last hearing. Where the application is contested
or denied, each decision shall be accompanied by findings of fact,
conclusions based thereon and the reasons therefor. Any conclusions
based upon this chapter or the Pennsylvania Municipalities Planning
Code shall contain a reference to the appropriate provision, as well
as the reasons why the conclusions are deemed appropriate in view
of the facts found. All decisions will be made or findings rendered
at a public meeting of the Zoning Hearing Board. If the hearing is
conducted by a hearing officer, and there has been no stipulation
that his decision or findings are final, the hearing officer shall
submit his report within 15 days, and the Zoning Hearing Board shall
make his report and recommendations available to the parties within
15 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.
E.
Deemed decisions. Where the Zoning Hearing Board fails to render
the decision within the forty-five-day period or fails to hold the
required hearing within 60 days 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 failure of the Zoning Hearing Board to
meet or render a decision, the Zoning Hearing Board shall give public
notice of the decision within 10 days from the last day it could have
met to render a decision. Nothing in this subsection shall prejudice
the right of any party opposing the application to appeal the decision
to the Court of Common Pleas.
F.
Notice of decision. A copy of the final decision, or, where no decision
is called for, the findings, shall be delivered to the applicant personally
or mailed to him not later than the day following the date of the
signing of the decision. If the applicant is present at the meeting
or hearing at which the decision is rendered, he will have been deemed
to have received notice. A brief notice of the decision or findings
shall be sent to all parties who have filed a timely appearance along
with a statement that a full copy of the text thereof may be examined
at the Township Building during regular office hours.
Parties to proceedings authorized in this article may utilize
mediation as an aid in completing such proceedings. In proceedings
before the Zoning Hearing Board, in no case shall the Zoning Hearing
Board initiate mediation or participate as a mediating party. Mediation
shall supplement, not replace, those procedures in this article once
they have been formally initiated. Nothing in this section shall be
interpreted as expanding or limiting municipal police powers or as
modifying any principles of substantive law.
A.
Participation in mediation. Participation in mediation shall be wholly
voluntary. The appropriateness of mediation shall be determined by
the particulars of each case and the willingness of the parties to
negotiate. Any municipality offering the mediation option shall assure
that, in each case, the mediating parties, assisted by the mediator
as appropriate, develop terms and conditions for:
(1)
Funding mediation.
(2)
Selecting a mediator who, at a minimum, shall have a working
knowledge of municipal zoning and subdivision procedures and demonstrated
skills in mediation.
(3)
Completing mediation, including time limits for such completion.
(4)
Suspending time limits otherwise authorized by this chapter
or Municipalities Planning Code, provided there is written consent
by the mediating parties, and by an applicant or Township decisionmaking
body, if either is not a party to the mediation.
(5)
Identifying all parties and affording them the opportunity to
participate.
(6)
Subject to legal restraints, determining whether some or all
of the mediation sessions shall be open or closed to the public.
(7)
Assuring that mediated solutions are in writing and signed by
the parties, and become subject to review and approval by the appropriate
Township decisionmaking body pursuant to the authorized procedures
set forth in this chapter, and the Municipalities Planning Code.
B.
Evidence from mediation proceedings. No offers or statements made
in the mediation sessions, excluding the final written mediated agreement,
shall be admissible as evidence in any subsequent judicial or administrative
proceedings.
A.
No person shall file any proceeding before the Zoning Hearing Board
later than 30 days after a preliminary or final application for development
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.
B.
The failure of anyone, other than the landowner, to appeal from an
adverse decision on an application for tentative approval of a planned
residential development or from an adverse decision by a Zoning Officer
on a challenge to the validity of an ordinance or map filed pursuant
to Section 916.2 of the Pennsylvania Municipalities Planning Code[1] shall preclude an appeal from a final approval except
in the case where the final submission substantially deviates from
the approved tentative approval.
[1]
Editor's Note: See 53 P.S. § 10916.2.
C.
All appeals from determinations adverse to the landowner shall be
filed by the landowner within 30 days after notice of the determination
is issued.
A.
Upon filing of any proceeding and during its pendency before the
Zoning Hearing 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 Zoning Hearing 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 Zoning Hearing Board or by the
Court having jurisdiction of zoning appeals on petition after notice
to the Zoning Officer or other appropriate agency or body. When an
application for development, preliminary or final, has been duly approved
and proceedings designed to reverse or limit the approval are filed
with the Board by persons other than the applicant, the applicant
may petition the Court having jurisdiction of zoning appeals to order
such persons to post bond as a condition to continuing the proceedings
before the Board.
B.
The question whether or not such petition should be granted and the
amount of the bond shall be within the sound discretion of the Court.
An order denying a petition for bond shall be interlocutory. An order
directing the responding party to post a bond shall be interlocutory.
C.
All appeals from decisions rendered by the Zoning Hearing Board shall be taken to the Washington County Court of Common Pleas and shall be filed within 30 days after the entry of the decision or, in the case of a deemed decision, within 30 days after the date upon which notice of said deemed decision is given as required by § 460-1504E of this chapter.
