A Zoning Hearing Board is hereby created. The membership of
said Board shall consist of three residents of the Township appointed
by the Board of Supervisors. Their terms of office shall be three
years after expiration of the initial term; said initial term shall
be so fixed that the term of office of one member shall expire each
year. The Zoning Hearing Board shall promptly notify the Board of
Supervisors of any vacancies which occur. Appointment 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, except
that no more than one member of the Zoning Hearing Board may also
be a member of the Planning Commission.
Any Zoning Hearing Board member may be removed for malfeasance
or nonfeasance in office or for other just cause by a majority vote
of the Board of Supervisors which appointed the member, taken after
the member has received 15 days' advance notice of the intent to take
such vote. A hearing shall be held in connection with the vote if
the member shall request it in writing.
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 members of the Zoning Hearing Board, but 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 Article IX, Section 908 of the "Pennsylvania Municipalities Planning Code," Act 247,[1] as amended. The Zoning Hearing Board may make, alter and
rescind rules and forms for its procedure, consistent with ordinances
of the Township and laws of the Commonwealth of Pennsylvania. The
Zoning Hearing Board shall keep full public records of its business,
and shall submit a report of its activities to the Board of Supervisors
once a year.
[1]
Editor's Note: See 53 P.S. § 10908.
A.
The Zoning Hearing Board shall hear and decide appeals from any order,
requirement, decision or determination made by the Zoning Officer
in the administration of this chapter.
B.
The Zoning Hearing Board shall hear and decide all matters referred
to it or upon which it is required to pass under this chapter.
C.
Requests for variances.
(1)
The Zoning Hearing Board shall hear requests for variances from the requirements of this chapter where it is alleged that the provisions of the chapter inflict unnecessary hardship upon the applicant following the procedures set forth in § 300-904. The Board may grant a variance, provided the following findings are made where relevant in a given case:
(a)
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 district
in which the property is located;
(b)
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;
(c)
That such unnecessary hardship has not been created by the appellant;
(d)
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; and
(e)
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.
(2)
In granting any variance, the Board may attach such reasonable
conditions and safeguards as it may deem necessary to implement the
purposes of this act and this chapter.
D.
The Zoning Hearing Board shall hear and decide requests for special
exceptions in those cases where this chapter indicates a special exception
may be granted subject to compliance with the standards and criteria
prescribed. In granting a special exception, the Board may attach
such reasonable conditions and safeguards, in addition to those expressed
in the chapter, as it may deem necessary to implement the purposes
of the chapter.
E.
The Zoning Hearing Board may conduct a hearing and take evidence
on a substantive challenge and amendment to this chapter filed by
a landowner. The Board may further make findings of fact relative
to the challenge, and cause to be made a record or transcript, which
may serve as the bases for further action. The Zoning Hearing Board
shall not make recommendations or render an opinion in such matters,
and has no authority to alter, change, or otherwise grant relief in
such cases.
A.
Variance.
(1)
The landowner shall file a request for a variance with the Zoning
Officer along with all maps, plans and text which may be relevant
to the request. Said request shall be accompanied by a fee specified
by the Board of Supervisors.
(2)
The Zoning Officer shall transmit the request and any information
received therewith, along with his file on said issue forthwith to
the Zoning Hearing Board.
(3)
Upon receipt of a request for variance the Board shall establish
a time and place to hear said request within 30 days.
(4)
The Board shall render a decision and inform the applicant of
said decision within 45 days of the final hearing date.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Appeal of the Zoning Officer's decision appeals arising from the
Zoning Officer's decision on a specific provision of this chapter
shall be handled in the same manner as a variance request.
C.
Special exception:
(1)
The landowner shall file a request for the granting of a special
exception along with all maps, plans and text which may be necessary
to explain the development proposed and its conformance with the standards
and criteria of this chapter with the Zoning Officer. Said request
shall be accompanied by a fee specified by the Board of Supervisors.
(2)
The Zoning Officer shall transmit the request and background
data forthwith to the Zoning Hearing Board.
(3)
The Zoning Hearing Board shall schedule a public hearing with
public notice within 60 days of said request.
(4)
The Board shall render a decision and inform the applicant of
said decision within 30 days of the final hearing date, unless upon
mutual consent of the Board and applicant it is agreed to continue
the proceedings.
Any person aggrieved by the rendering of a decision by the Board
of Supervisors, Planning Commission, Zoning Officer, or Zoning Hearing
Board shall have 30 days in which to file an appeal or request for
review with the Zoning Hearing Board from the date of said decision.
