The purpose of this article is to provide standards for the
functions and procedures of the Zoning Hearing Board, based on the
MPC Section 909.1.[1] The Zoning Hearing Board shall have exclusive jurisdiction
to hear and render final decisions in the following matters:
C.
Appeals from Zoning Officer decisions. Appeals from 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 registration or refusal
to register any nonconforming use, structure, or lot.
F.
Validity or procedural challenges. Challenges to the validity of
this chapter or the Zoning Map 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 items in question.
[1]
Editor's Note: See 53 P.S. § 10909.1.
A.
Membership.
(1)
Members. Membership of the Zoning Hearing Board shall consist of five Township residents, appointed by resolution of the Board of Supervisors and in accordance with the MPC Article IX.[1] Each term of office shall be five years and shall be so
fixed that the term of office of one member shall expire each year.
[1]
Editor's Note: See 53 P.S. § 10901 et seq.
(2)
Vacancies. The Zoning Hearing Board shall promptly notify the
Board of Supervisors of any vacancy that occurs. Appointments to fill
vacancies shall be for the duration of the unexpired portion of the
term.
(3)
Alternate members. The Board of Supervisors may appoint, by
resolution, up to three Township residents to serve as alternate members
of the Zoning Hearing Board. The term of an alternate member shall
be three years. An alternate member 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
as a member as provided in this section, unless seated as a member
in accordance with this section.
(4)
Limitation of responsibilities. Members and alternate members
of the Zoning Hearing Board shall hold no other elected or appointed
office in the Township, including service as a member of the Planning
Commission, nor shall any member be an employee of the Township.
(5)
Removal of members. Any Zoning Hearing Board member may be removed
for malfeasance, misfeasance, or nonfeasance in office or for other
just cause by a majority vote by the Board of Supervisors. No vote
shall occur until the member has received a fifteen-day 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.
B.
Organization.
(1)
Conduct and officers. The Zoning Hearing 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 and the
taking of any action, a quorum shall be not less than a majority of
all the members of the Zoning Hearing Board. The Zoning Hearing 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 Zoning Hearing Board as provided in the MPC Section 908.[2]
[2]
Editor's Note: See 53 P.S. § 10908.
(2)
Procedure. The Zoning Hearing Board may make, alter, and rescind
rules and forms for its procedure, consistent with the MPC, this chapter,
other applicable Township ordinances, and the laws of the commonwealth.
The Zoning Hearing Board shall maintain full public records of its
business, which records shall be the property of the Township, and
shall submit a report of its activities to the Board of Supervisors
annually or as requested by the Board of Supervisors.
(3)
Designation of alternate members. The Chair of the Zoning Hearing
Board may designate alternate members of the Zoning Hearing Board
to replace any absent or disqualified members and if, by reason of
absence or disqualification of a member, a quorum is not reached,
the Chair shall designate as many alternate members of the Zoning
Hearing Board to sit on the Zoning Hearing Board as may be needed
to reach a quorum. Alternate member(s) shall continue to serve on
the Zoning Hearing Board in all proceedings involving the matter or
case for which the alternate member(s) was initially appointed until
the Zoning Hearing Board has made a final decision on the matter or
case. Designation of an alternate member pursuant to this Subsection
shall be made on a case-by-case basis in rotation according to declining
seniority among all alternates.
C.
Expenditures and fees.
(1)
Expenditures. Within the limits of funds appropriated by the
Board of Supervisors, the Zoning Hearing Board may employ or contract
for legal counsel (which shall be an attorney other than the Township
Solicitor), consultants, and other technical and clerical services.
Members of the Zoning Hearing Board, including alternate member(s)
when designated in accordance with this section, may receive compensation
for the performance of their duties, as may be established by resolution
of the Board of Supervisors, but in no case shall it exceed the rate
of compensation authorized to be paid to the Board of Supervisors.
(2)
Fees. An applicant before the Zoning Hearing Board shall deposit
with the Township the appropriate filing fee. Fees shall be established
by resolution of the Board of Supervisors from time to time.
(3)
Hearing fees. 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 Township 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.
The Zoning Hearing Board shall conduct hearings in accordance
with the following provisions, based on the MPC Section 908.[1]
A.
Applications. Requests for hearings before the Zoning Hearing Board
shall be as follows:
(1)
Appeals under § 155-2000 may be filed with the Zoning Hearing Board, in writing, by the landowner affected, any officer or agency of the Township, or any person aggrieved.
(2)
Requests for a variance or special exception may be filed with
the Zoning Hearing Board by any landowner or any tenant with evidence
of consent from the landowner.
(3)
Applications shall be made in writing on forms furnished by
the Township and shall include information necessary to enable the
Zoning Officer to ascertain compliance with this chapter and other
applicable ordinances. Applications shall be accompanied by such plans,
documents, and information as required on the applicable forms furnished
by the Township and by the applicable fee per the Township fee schedule
as adopted by the Board of Supervisors from time to time. In the event
that any required information is not furnished, the application shall
be considered incomplete, and notice of application refusal such be
given to the applicant.
B.
Notice. Upon receiving the filing of a request for a hearing, the
Zoning Hearing Board shall fix a reasonable time and place for a public
hearing and shall give public notice thereof as follows:
(1)
By publishing a notice thereof once a week for two successive
weeks, the first not more than 30 days and the second not less than
seven days from the date of the hearing in a newspaper of general
circulation.
(2)
By mailing a notice thereof to the applicant, the Zoning Officer,
the Township Manager and to every person or organization that has
made timely request for same.
(3)
By posting notice of said hearing in a conspicuous location
on the affected tract of land at least one week prior to the hearing.
(4)
By the Zoning Solicitor mailing or delivering a notice thereof
to the owner of every lot within 500 feet from any lot line of the
lot in question not less than 10 days prior to the date of the hearing.
The name and address of the persons to whom the notice shall be given
shall be those listed on the tax records.
(5)
The notice herein shall be a copy of the advertisement submitted for publication. Posting and mailing or delivering of the notice shall be the responsibility of the Zoning Solicitor. Failure to give notice as required by § 155-2002B(4) shall not invalidate any action taken by the Board.
C.
Timing.
(1)
The first hearing before the Zoning Hearing Board or hearing
officer shall be commenced within 60 days from the date of receipt
of the applicant's complete application, unless the applicant
has agreed in writing to an extension of time. Each subsequent hearing
before the Zoning Hearing Board or hearing officer 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/her case-in-chief within 100 days of the first hearing. Upon
the request of the applicant, the Zoning Hearing Board or hearing
officer shall assure that the applicant receives at least seven hours
of hearings within the 100 days, including the first hearing.
(2)
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,
and the applicant may, upon request, be granted additional hearings
to complete his/her 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 on 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.
(3)
The Zoning Hearing Board shall conduct the hearings or 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 Zoning Hearing Board; 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 Zoning
Hearing Board and accept the decision or findings of the hearing officer
as final.
D.
Parties to the hearing. Parties to the hearing shall be the Township,
any person affected by the application who has made timely appearance
of record before the Zoning Hearing Board, and any other person entitled
to notice under this Subsection including civic or community organizations
permitted to appear by the Zoning Hearing Board. The Zoning Hearing
Board shall have power to require that all persons who wish to be
considered parties enter appearances in writing on forms provided
by the Zoning Hearing Board for that purpose.
E.
Powers of the chair. The Chair or Acting Chair of the Zoning Hearing
Board or the hearing officer presiding shall have the 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.
F.
Rights of the parties. The parties shall have the right to be represented
by counsel and shall be afforded the opportunity to respond, to present
evidence, and to argue and cross-examine adverse witnesses on all
relevant issues.
G.
Exclusion of evidence. Formal rules of evidence shall not apply,
but irrelevant, immaterial, or unduly repetitious evidence may be
excluded.
H.
Record of the proceedings. The Zoning Hearing 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 Zoning Hearing Board. The cost of
the original transcript shall be paid by the Zoning Hearing 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 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.
I.
Communications. The Zoning Hearing Board or hearing officer shall
not communicate, directly or indirectly, with any party or his/her
representatives in connection with any issue involved except upon
notice and opportunity for all parties to participate, shall not take
notice of any communication, reports, staff, memoranda, or other materials,
except advice from their solicitor, unless the parties are afforded
an opportunity to contest the material, and shall not inspect the
site or its surroundings after the commencement of the hearings with
any party or his representative unless all parties are given an opportunity
to be present.
[1]
Editor's Note: See 53 P.S. § 10908.
The Zoning Hearing Board shall make decisions in accordance
with the following provisions, based on the MPC Section 908.[1]
A.
The Zoning Hearing 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 Zoning Hearing Board or hearing officer,
unless the applicant has agreed in writing to an extension of time.
(1)
Where the 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, the MPC, 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)
If the hearing is conducted by a hearing officer and there has
been no stipulation that his/her decision or findings are final, the
Zoning Hearing Board shall make his/her report and recommendations
available to the parties within 45 days, and the parties shall be
entitled to make written representations thereon to the Zoning Hearing
Board prior to final decision or entry of findings, and the Zoning
Hearing Board's decision shall be entered no later than 30 days
after the report of the hearing officer.
(3)
Except for challenges filed under the MPC Section 916.1[2] where the Zoning Hearing Board fails to render the decision within the period required by this section or fails to commence, conduct, or complete the required hearing as provided in §§ 155-2002C(1) and (2), 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 Zoning Hearing Board to meet or render a decision as hereinabove provided, the Zoning Hearing Board shall give public notice of said decision within 10 days from the last day it could have met to render a decision in the same manner as provided in § 115-2002B. If the Zoning Hearing 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.
[2]
Editor's Note: See 53 P.S. § 10916.1.
B.
A copy of the final decision or, where no decision is called for,
of the findings shall be delivered to the applicant personally or
sent by mail not later than the day following its date.
C.
The Zoning Hearing Board shall provide by mail or otherwise a brief
notice of the decision or findings and a statement of the place where
the full decision may be examined to all other persons who have filed
their names and addresses with the Zoning Hearing Board not later
than the last day of the hearing.
[1]
Editor's Note: See 53 P.S. § 10908.
The Zoning Hearing Board shall hear and decide on requests for
variances in accord with this article, where it is alleged that a
provision(s) of this chapter inflict unnecessary hardship on the applicant.
B.
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.
C.
Financial gain shall not be a basis for granting a variance and the
proposed use shall comply with all other applicable requirements of
this chapter.
D.
The Zoning Hearing Board may grant a variance to a provision(s) of
this chapter, provided that all of the following standards are satisfied
where relevant in a given case based on the MPC Section 910.2[1]:
(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 due
to such 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 the zoning ordinance 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.
[1]
Editor's Note: See 53 P.S. § 10910.2.
E.
If the Zoning Hearing Board grants the variance request, such approval
shall accompany any application for subdivision of land or land development
or permit(s) sought.
This section provides for consideration of certain uses and
modifications to be permitted within the Township as special exceptions.
Such have the potential for greater impact and may not be appropriate
at every location within a zoning district, and accordingly as permitted
by the MPC, this section establishes criteria by which to evaluate
applications for special exceptions.
A.
An applicant shall file an application for a special exception per § 155-2002A. The Zoning Hearing Board shall hear and decide all such requests for special exceptions uses identified in this chapter, in accordance with this article and all of the following standards.
(1)
Consideration of the size, scope, extent, and character of the
proposed special exception and assurance that such is consistent with
community goals and objectives of the Comprehensive Plan.
(2)
Consideration of the proposed special exception with respect
to promoting harmonious development within the spirit, purpose, requirements,
and intent of this chapter, and that the proposed special exception
will not adversely affect the public health, safety, and welfare of
Township residents.
(3)
Consideration of the suitability of the property for the use
desired and the extent to which the new or expanded use is susceptible
of regulation by appropriate conditions and safeguards.
(4)
Consideration of the public interest in or the need for the
proposed use or change and determine that the proposal will serve
the best interests of the Township, the convenience of the community
(where applicable) and the public health, safety, morals and general
welfare.
(5)
Consideration of, where pertinent, the effects of the proposed
change with respect to: the most appropriate use of land; safety from
fire, panic and other dangers; adequacy of light and air; the overcrowding
of land; congestion of population; and the adequacy of public and
community services.
(6)
Consideration of the character and type of development in the
area surrounding the location for which the request is made and determine
that the proposed change or modification, as permitted, will constitute
an appropriate use in the area and will not substantially injure or
detract from the use of surrounding property or from the character
of the neighborhood.
(7)
Consideration of the development of highway frontage insofar
as possible so as to limit the total number of access points, reduce
the need for on-street parking and encourage the frontage of buildings
on parallel marginal roads perpendicular to the highway.
(8)
Consideration of the probable effects of proposed development
on highway congestion and ensure that adequate access arrangements
are provided in order to protect major highways from undue congestion
and hazard.
B.
It shall be the responsibility of the applicant requesting approval
of the special exception to present such evidence as is necessary
to demonstrate that the proposed use or modification complies with
standards set forth in this section.
C.
If the Zoning Hearing Board grants the special exception request,
such approval shall accompany any application for subdivision of land
or land development or permit(s) sought.
A.
No person shall be allowed to file any proceeding with the Zoning
Hearing 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 limit 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 gained his/her
interest after such approval, he/she shall be bound by the knowledge
of his/her predecessor in interest.
B.
The failure of anyone other than the landowner to appeal from an
adverse decision on a tentative plan pursuant to the MPC or from an
adverse decision by the Zoning Officer on a challenge to the validity
of an ordinance or map shall preclude an appeal from a final approval,
except in the case where the final submission substantially deviates
from the approved tentative approval.
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 special exception or variance approval shall expire six months
from the date of approval if the applicant does not begin work, or
apply for the appropriate permit(s), or submit a preliminary or final
subdivision or land development plan application, if applicable. In
addition, the special exception or variance approval shall expire
six months from the date of approval if the application for the appropriate
permit or preliminary or final subdivision or land development plan
is withdrawn. The applicant may request an extension of time to the
Zoning Hearing Board, in writing, for a period not to exceed one additional
consecutive year. Such applications for extension must occur prior
to the expiration of the initial approval. Owners of properties wherein
a special exception or variance has been granted must reapply for
additional relief when changes are requested beyond the original authorization.
Upon filing of any proceeding referred to in § 155-2000C through G 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 such 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. Procedures shall be in accordance with the MPC Section 915.1.[1]
[1]
Editor's Note: See 53 P.S. § 10915.1.
