A.
There shall be a Zoning Hearing Board which shall consist of three
members who shall be appointed by resolution by the Board of Supervisors.
Members of the Zoning Hearing Board shall meet all applicable requirements
of the MPC.[1] 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.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
The Board of 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, who shall have all the powers
and duties set forth in the MPC.
A.
The Zoning Hearing Board shall elect from its membership its officers,
who shall serve annual terms as such and may succeed themselves. The
Zoning Hearing Board may make, alter, and rescind rules and forms
for its procedure, consistent with the ordinances of the Township
and the laws of the commonwealth. The Zoning Hearing Board shall keep
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 as requested by the Board of Supervisors.
B.
The Zoning Hearing Board shall conduct hearings and take any action in accordance with the MPC. If the Board of Supervisors has appointed alternate members to the Zoning Hearing Board, the Chairman of the Zoning Hearing Board may designate alternate members to participate and vote upon designated applications in accordance with the regulations contained in Article IX of the MPC.
All expenditures for services incurred by the Zoning Hearing
Board shall be in accordance with the applicable provisions of the
MPC.
B.
Effect of Zoning Hearing Board's decision.
(1)
If the variance or special exception is granted or the issuance
of a permit is approved, or other action by the appellant is authorized,
the necessary permit shall be secured and the authorized action begun
within one year after the date when the variance or special exception
is finally granted, or the issuance of a permit is finally approved,
or the other action by the appellant is authorized, and the building
or alteration, as the case may be, shall be completed as evidenced
by issuance of a certificate of use and occupancy within two years
of said date. For good cause, the Zoning Hearing Board may at any
time, upon application in writing, extend either of these deadlines.
(2)
Should the appellant or applicant fail to obtain the necessary
permits within said one-year period or, having obtained the permit,
should s/he fail to commence work thereunder within such one-year
period, it shall be conclusively presumed that the appellant or applicant
has waived, withdrawn, or abandoned his/her appeal or his/her application,
and all provisions, variances and permits granted to him/her shall
be deemed automatically rescinded by the Zoning Hearing Board.
(3)
Should the appellant or applicant commence construction or alteration
within said one-year period, but should s/he fail to complete such
construction or alteration within said two-year period, the Zoning
Hearing Board may, upon 10 days' notice, in writing, rescind or revoke
the granted variance or special exception, or the issuance of the
permit, or permits, or the other action authorized to the appellant
or applicant, if the Zoning Hearing Board finds that no good cause
appears for the failure to complete within such two-year period, and
if the Zoning Hearing Board further finds that conditions have so
altered or changed in the interval since the granting of the variance,
permit or action, that revocation or rescission of the action is justified.
(4)
As an alternative to the preceding, an applicant can request,
as part of the original application before the Zoning Hearing Board,
the granting of a timetable associated with the request which would
supersede the deadlines imposed in § 450-604A(1) through
(3). In so doing, the applicant must demonstrate that the times requested
are logically related to normal and expected progress of the project.
In approving a timetable under this section, the Zoning Hearing Board
must establish and bind a definite time frame for:
The Zoning Hearing Board shall have the exclusive jurisdiction
to hear and render decisions in the following matters:
A.
Substantive validity challenges.
(1)
The Zoning Hearing Board shall have jurisdiction over and shall conduct hearings and render decisions on challenges to the substantive validity of the Zoning Ordinance in accordance with the requirements of Article IX of the MPC.
(2)
Challenges to the validity of the Zoning Ordinance, 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 this chapter.
B.
Special exceptions. Special exceptions, as provided for in this chapter
and subject to all applicable requirements, including, but not limited
to:
(1)
Filing requirements. All applications for special exceptions
shall be submitted to the Zoning Officer. All applications shall be
made on the form supplied by the Township and shall contain all information
requested on such form. All applications shall also contain the following
information:
(a)
Name and address of the applicant and, if different, the name
and address of the landowner. If the applicant is not the landowner
of record, information demonstrating that the applicant has the legal
right to make the application shall accompany the application.
(b)
Dimensions, shape, and area of the lot to be developed, and
the exact location and dimensions of any structure(s) existing or
to be erected.
(c)
An accurate and legible elevation drawing that shows each face
of the proposed building or structure including the height.
(d)
Existing and proposed uses of all existing and proposed structures
and land uses.
(e)
Existing and proposed off-street parking and loading spaces,
street and path or sidewalk layout, width and alignment.
(f)
A legible, accurate, detailed site plan to demonstrate compliance
with all applicable provisions of this chapter.
(g)
A written description of the proposed use in sufficient detail
to demonstrate compliance with all applicable provisions of this chapter,
including citations to sections of this chapter under which the application
is filed.
(h)
A listing of all conditional uses and/or variances which the
applicant is requesting in connection with the proposed use.
(i)
Existing natural and man-made features on the tract.
(j)
The intensity of land use allocated to each part of the site,
the number of dwelling units and area of all buildings proposed.
(k)
Existing or proposed easements and the purpose for which they
are reserved.
(l)
The names of all adjacent property owners, streets (or rights-of-way),
utilities, rights-of-way.
(m)
The method of water supply and sewage disposal proposed. The
Board may require the submission of sewer and water feasibility studies.
(n)
All traffic improvements shown to be necessary if a traffic study is required by the Chapter 435, Subdivision and Land Development.
(o)
The Board may require environmental resource studies to assure
that the Board has adequate information on which to base a decision.
These studies include, but are not limited to, woodland evaluation,
steep slope report, geotechnical evaluation, and wetland delineations.
(2)
General criteria. Each applicant must demonstrate compliance
with the following:
(a)
The proposed use shall be in compliance with all applicable
provisions and consistent with the purpose and intent of the Zoning
Ordinance.
(b)
The proposed use shall not detract from the use and enjoyment
of adjoining or nearby properties.
(c)
The proposed use will not substantially change the character
of the subject property's neighborhood.
(d)
Adequate public facilities are available to serve the proposed
use (e.g., schools, fire, police and ambulance protection, sewer,
water and other utilities, etc.).
(e)
For development within the designated floodplain, that the application complies with those requirements listed within Chapter 400, Floodplain Management.
(f)
The proposed use shall comply with those criteria specifically listed in Article 3 of this chapter. In addition, the proposed use must comply with all other applicable regulations contained in this chapter.
(g)
The proposed use will not substantially impair the integrity
of the Township's Comprehensive Plan.
(h)
The proposed use shall not be detrimental to the public, health,
safety, and welfare.
(i)
The proposed use will not overcrowd the land or create an undue
concentration of population.
(j)
The proposed use will not impair an adequate supply of light
and air to adjacent property.
(k)
The proposed use will not adversely affect transportation.
(3)
Conditions. The Zoning Hearing Board, in approving special exception applications, may attach conditions considered necessary to protect the public welfare and the purposes listed above, including conditions which are more restrictive than those established for other uses in the same zone. These conditions shall be enforceable by the Zoning Officer, and failure to comply with such conditions shall constitute a violation of this chapter and be subject to the penalties described in Article 7. The Board shall, among other things:
(a)
Consider the suitability of the property for the use desired
and assure itself that the proposal is consistent with the spirit,
purpose, and intent of this chapter.
(b)
Determine that the applicant has satisfactorily proven that
the general and specific criteria requirements of this chapter have
been met.
(c)
Impose such conditions, in addition to those specifically required
in this chapter in accordance with individual district regulations,
as are necessary to assure that the intent of the chapter is complied
with, which conditions may include, but are not limited to, harmonious
design of buildings, planting or other structures and their maintenance
as a sight or sound screen, the minimizing of noxious, offensive,
or hazardous elements, and adequate standards for parking and sanitation.
(4)
Site plan approval. Any plans, reports, or testimony presented
in support of the special exception shall become an official part
of the record for said special exception. Approval of any special
exception will also bind the use in accordance with the submitted
plan(s), reports and applicant testimony; therefore, should a change
in this information occur subsequent to special exception approval,
the applicant shall revise the plan(s), report(s) and all other information
offered on behalf of the applicant, prior to application for a zoning
or building permit. Substantial changes, as determined by the Zoning
Officer, shall be required to obtain another special exception. Further,
any subsequent change to the use on the subject property not reflected
in the original special exception, shall require the obtainment of
another special exception approval.
C.
Variances. 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. The Zoning Hearing Board may, by rule,
prescribe the form of application to the Zoning Officer. The Zoning
Hearing Board may grant a variance, provided that all of the following
findings are made where relevant in a given case:
(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 this chapter, in the neighborhood or
zone in which the property is located.
(2)
That because of such physical circumstances or conditions, there
is not 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 reasonable use of the
property.
(3)
That such unnecessary hardship has not been created by the applicant.
(4)
That the variance, if authorized, will not alter the essential
character of the zone or neighborhood 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 regulations in issue.
(6)
That variances within the designated floodplain shall comply with the standards and criteria for special exceptions and variances in the Chapter 400, Floodplain Management.
(7)
Filing requirements. All applications for variances shall be
submitted to the Zoning Officer. All applications shall be made on
the form supplied by the Township and shall contain all information
requested on such form. All applications shall also contain all of
the information required for an application for a special exception.
(8)
Conditions. The Zoning Hearing Board, in approving variance applications, may attach conditions considered necessary to protect the public welfare and the purposes listed above, including conditions which are more restrictive than those established for other uses in the same zone. These conditions shall be enforceable by the Zoning Officer, and failure to comply with such conditions shall constitute a violation of this chapter and be subject to the penalties described in Article 7. The Board shall, among other things:
(a)
Consider the suitability of the property for the use desired
and assure itself that the proposal is consistent with the spirit,
purpose, and intent of this chapter.
(b)
Impose such conditions, in addition to those specifically required
in this chapter, in accordance with individual district regulations,
as are necessary to assure that the intent of the chapter is complied
with, which conditions may include, but are not limited to, harmonious
design of buildings, planting or other structures and their maintenance
as a sight or sound screen, the minimizing of noxious, offensive,
or hazardous elements, and adequate standards for parking and sanitation.
(9)
Site plan approval. Any plans, reports, and testimony presented
in support of the variance shall become an official part of the record
for said variance. Approval of any variance will also bind the use
in accordance with the submitted plan(s), reports and applicant testimony;
therefore, should a change in this information occur subsequent to
variance approval, the applicant shall revise the plan(s), report(s)
and all other information offered on behalf of the applicant, prior
to application for a zoning or building permit. Substantial changes,
as determined by the Zoning Officer, shall be required to obtain another
variance. Further, any subsequent change to the use on the subject
property not reflected in the original variance, shall require the
obtainment of another variance approval.
D.
Appeals.
(1)
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.
(2)
Appeals from a determination by the Township Engineer or the
Zoning Officer with reference to the administration of any provisions
contained within the Floodplain Overlay District.
Appeals and proceedings to challenge this chapter 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. Requests
for a variance and for special exception may be filed with the Zoning
Hearing Board by any landowner or any tenant with the permission of
such landowner. Any appeal shall state:
A.
The name and address of the appellant and applicant;
B.
The name and address of the landowner of the real estate to be affected;
C.
A brief description and location of the real estate to be affected
by such proposed change together with a plot plan drawn to scale with
sufficient clarity to show the nature and character of the request;
D.
A statement of the present zoning classification of the real estate
in question, the improvements thereon, and the present use thereof;
and
E.
A statement of the section of this chapter under which the request
may be allowed, and reasons why it should, or should not be granted.
Appeals from the denial of an application by the Zoning Officer
or from the issuance of a notice of violation and/or cease-and-desist
order shall be made within 30 days of the denial of said permit or
issuance of said notice of violation and/or cease-and-desist order.
Appeals from any approval issued by the Zoning Officer or the Zoning
Hearing Board shall be filed to the Zoning Hearing Board within the
time limits imposed in the MPC. No appeal shall be considered complete
without the required filing fee.
The filing of an appeal or challenge to the validity of this chapter or other land use ordinance shall act as a stay of proceedings to the extent established in Article IX of the MPC.
Any person, taxpayer, or the Township aggrieved by any decision
of the Zoning Hearing Board may within 30 days after such decision
of the Zoning Hearing Board seek review by the Court of Common Pleas
of such decision in the manner provided by the laws of the Commonwealth
of Pennsylvania and the MPC, as amended.
