The purpose of this Article is to list and describe the powers,
procedures, composition and standards for the Zoning Hearing Board
as required by the Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A.
Creation of the Zoning Hearing Board. A Zoning Hearing Board for the Township of Tinicum shall be appointed by the Township Commissioners and shall be authorized to administer all procedures charged to such Boards in accordance with the provisions of Article IX of the Pennsylvania Municipalities Planning Code, as amended. Hereinafter, as used in this Article, the term "Board" shall refer to the Zoning Hearing Board, and the term "Planning Code" shall refer to the Pennsylvania Municipalities Planning Code, Act 247, as amended.
B.
Membership of the Board. The Board shall consist of five residents
of the Township. Their terms of office shall be five years and shall
be so fixed that the term of office of one member shall expire each
year. The Board shall promptly notify the Township of any vacancies.
Appointment 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.
C.
Removal of members. Any member may be removed for malfeasance, misfeasance
or nonfeasance in office or for other just cause by a majority rule
of the Commissioners 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 requests it in writing.
D.
Organization of the Board.
(1)
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 and the taking of any action a quorum shall
be not less than the majority of all members of the Board but where
a majority of members are disqualified to act in a particular matter,
the remaining members may act for the Board. As provided for in the
Planning Code, 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.
(2)
The Board shall adopt rules and forms for its procedure in accordance
with the provisions of this chapter. Meetings of the Board shall be
held at the call of the Chairman and at such other times as the Board
may determine. Such Chairman, or in his absence the Acting Chairman,
may administer oaths and compel the attendance of witnesses. All meetings
of the Board shall be open to the public.
(3)
The Board shall keep minutes of its proceedings, showing the
vote of each member upon each question, or if absent or failing to
vote, indicate such fact and shall keep records of its examination
and other official actions, all of which shall be immediately filed
in the Office of the Township Manager and shall be a public record.
(4)
The Board shall submit a report of its activities to the Commissioners
as requested.
E.
Expenditures for services. Within the limits of funds appropriated
by the Commissioners, 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 by the Commissioners, but in no case
shall it exceed the rate of compensation authorized to be paid to
members of Commissioners.
A.
Appeals from the Zoning Officer. The Board shall hear and decide
appeals where it is alleged that the Code Enforcement Officer (CEO)
has failed to follow prescribed procedures or has misinterpreted or
misapplied any provision of this chapter or the Zoning Map or any
valid rule or regulation governing the action of the CEO.
B.
Applications. Applications for variances or special exceptions shall
include as a minimum the following information:
(1)
A sketch plan, at scale, showing the layout of the property,
the proposed improvements and alterations thereto and the relationship
of the tract to adjacent properties.
(2)
A reference to the section(s) of this chapter under which the
variance or special exception is requested.
(a)
Applications for use variances may be required to submit any
of the following impact studies per the discretions of the Board,
or any other information the Board determines necessary for them to
render a decision on such application.
(3)
Transportation impact study. This written study will allow the
Township to assess the impact of a proposed amendment on the traffic
system. Its purpose is to ensure that the proposed amendment does
not adversely affect the traffic network and to identify any traffic
problems associated with access from the site onto the existing roads.
The study's purpose is also to delineate solutions to potential
problems and to present necessary improvements.
(4)
Fiscal impact study. This written study will provide an identification
of the economic and fiscal characteristics related to the proposed
amendment. The characteristics which shall be presented in narrative
form shall include a profile of the Township, county, and school district
revenues that the proposal may generate and the Township, county and
school district costs it may create.
(5)
Environmental impact assessment (EIA) report. This study will
provide a written assessment which objectively describes, analyzes
and documents both the beneficial and adverse effects of a proposed
amendment on the environmental, historic and cultural resources and
the measures to be undertaken to mitigate adverse effects in accordance
with the provisions set forth in the Ordinance and all other Township
ordinances. Specific emphasis shall be directed toward the proposed
amendment's effects on and relationship to the applicable site,
neighborhood (including areas in adjacent municipalities where applicable)
and Township-wide resources, conditions or characteristics. The EIA
report shall include text, tables, maps and analyses for the purpose
of describing the project site, proposed uses(s), environmental characteristics
and the environmental effects of the proposal, to the satisfaction
of the Township.
C.
Variances. The Board shall hear requests for variances where it is
alleged that the provisions of this chapter inflict unnecessary hardship
on the applicant. In granting a variance, the Board may attach such
reasonable conditions and safeguards as it may deem necessary to implement
the purposes of the Planning Code and this chapter.
D.
Special exceptions. The Board shall hear and decide requests for special exceptions authorized by this chapter in accordance with the standards and criteria set forth in Article XXI and § 395-183B below. The Board may attach such reasonable conditions and safeguards, as it may deem necessary to implement the purposes of the Planning Code and this chapter.
E.
Challenges to the validity of ordinance or map. The Board shall conduct
hearings and make decisions and findings in connection with challenges
to the validity of any provision of this chapter as authorized by
Section 909.1 of the Planning Code.
The Board shall conduct hearings and make decisions in accordance
with the provisions of Section 908 of the Planning Code.
A.
Notice of hearing. In any case where the Board shall hold a public
hearing, the Board shall, at the minimum, give notice of such hearing
which notice shall state the time and the place of the hearing and
the particular nature of the matter to be considered at the hearing:
(1)
By publishing a notice thereof once each week for two successive
weeks in a newspaper of general circulation in the Township, provided
that the first publication shall be not more than 30 days and the
second publication shall be not less than seven days from the date
of the hearing.
(2)
By mailing or delivering due notice thereof to the applicant
and other parties in interest, who shall be at least those persons
whose properties adjoin the property in question or are within a 200-foot
radius of the property in question.
(3)
By mailing or delivering notice thereof to the Commissioners
and the CEO.
(4)
By conspicuously posting notice of said hearing on the affected
tract of land at least one week prior to the hearing.
Decision of the Board shall include the following elements:
A.
Findings of fact, including a brief summary of relevant testimony
and information entered during the proceedings of the Board.
B.
Citation by quotation or by reference to the specific sections of
the local ordinances and/or the Planning Code which are relevant to
the case in question.
C.
Conclusions of the Board enumerating the reasons why such conclusions
are deemed appropriate in light of the facts found.
D.
Ruling of the Board, indicating in writing any stipulations or conditions
attached to the ruling.
In any instance where the Board is required to consider a variance
or special exception, the Board shall, among other things, consider
the following conditions:
A.
Planning Code criteria for variances.
(1)
The Board shall hear requests for variances where it is alleged
that the provisions of this chapter inflict unnecessary hardship on
the applicant.
(2)
A variance from the terms of this chapter shall not be granted
by the Board unless and until a written application for a variance
is submitted by the applicant who shall have the burden of establishing
the presence of all the following conditions where relevant in a given
case:
(a)
That there are unique physical circumstances; or
(b)
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 to the circumstances or
conditions generally created by the provisions of the Zoning Ordinance
in the neighborhood or district in which the property is located.
(c)
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 the variance is therefore necessary to enable the reasonable use
of the property.
(d)
That such unnecessary hardship has not been created by the applicant.
(e)
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.
(f)
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.
(3)
In granting any variance, the Board may attach such reasonable
conditions and safeguards as it may deem necessary to implement the
purposes of the Planning Code and this chapter.
B.
Standards for review of special exceptions.
(1)
In any instance where the Board is required to consider a request
for a special exception, the Board shall consider the following factors
where appropriate:
(a)
That the proposed use is appropriate for the site in question
in terms of size, topography, natural features, drainage, sewage disposal,
water supply, accessibility and availability of public services and
that adequate provisions will be made to protect sensitive environmental
features such as streams, lakes, wetlands, slopes and mature trees.
(b)
That the proposed use is compatible with the character of the
surrounding neighborhood and will not interfere with or detract from
legitimate uses and adjacent properties, and that adequate measures
will be provided through building design, site layout, landscaping,
planting and operational controls to minimize any adverse impacts
caused by noise, lights, glare, odors, smoke, fumes, traffic, parking
loading and signage.
(c)
That the proposed special exception will serve the best interest
of the Township, convenience of the community and the public health,
safety and welfare.
(d)
That the proposed use is consistent with the latest, adopted
Community Development Objectives for Tinicum Township.
(e)
That the proposed use promotes orderly development, proper population
density and the provision of adequate community facilities and services,
including police and fire protection.
(f)
That the proposed use is suitable in terms of its effect on
highway safety and traffic circulation, and that access, on-site circulation
and parking are adequate in view of anticipated traffic.
(2)
In cases where uses permitted by special exception are not accompanied by specific standards for such uses, the regulations in § 395-153 shall apply.
(3)
Financial hardship shall not be construed as a basis for granting
special exceptions.
(4)
In granting any special exception, the Board may attach reasonable conditions and safeguards in addition to those expressed in this chapter as it may deem necessary to implement the purposes of the Planning Code and the Ordinance, which conditions and safeguards may relate to, but not be limited to, screening, lighting, noise, safety, aesthetics and the minimization of noxious, offensive or hazardous elements. Such special exception shall be clearly authorized by a provision in this chapter and shall, where applicable, comply with the more specific standards relating to such special exception contained in appropriate sections of Article XXI.
A.
For variances. An applicant for a variance shall have the burden
of establishing both:
B.
For special exceptions. An applicant for a special exception shall
have the burden of establishing both:
C.
Evaluation of the impact of an application on the public interest.
In determining whether the allowance of a special exception or variance
is contrary to the public interest, the Board shall consider whether
the application, if granted, will:
(1)
Adversely affect the public health, safety and welfare due to
changes in traffic conditions, drainage, air quality, noise levels,
neighborhood property values, natural features and neighborhood aesthetic
characteristics.
(2)
Be in accordance with the most recently adopted Tinicum Township
Community Development Objectives.
(4)
Adversely affect the logical, efficient, and economical extension
or provision of public services and facilities such as public water,
sewers, refuse collection, police, fire protection and public schools.
(5)
Otherwise adversely affect the public health, safety, or welfare.
Unless otherwise specified by the Board, a special exception
or variance shall expire if the applicant fails to obtain a building
permit within six months from the date of authorization thereof or
fails to commence a substantial amount of work within six months of
issuance of the permit for such work.
See Sections 914.1 and 915.1 of the Planning Code.
See Article X-A of the Planning Code.
