There shall be a Zoning Hearing Board (the "Board" for purposes of this article) consisting of three residents of the Township, appointed by the Board of Supervisors in accordance with Article IX of the Pennsylvania Municipalities Planning Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10901 et seq.
The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudications in the following matters:
A. 
Substantive challenges to the validity of any land use ordinance except those brought before the Board of Supervisors pursuant to Section 609.1 and 916.1(a)(2) of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. §§ 10609.1 and 10916.1(a)(2), respectively.
B. 
(Reserved)
C. 
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.
D. 
Appeal from a determination by the Township Engineer or the Zoning Officer with reference to the administration of any floodplain provisions within this chapter.
E. 
Applications for variances from the terms of this chapter or provisions within any land use ordinance pursuant to Section 910.2 of the Pennsylvania Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 10910.2.
F. 
Applications for special exceptions under this chapter or such provisions within a land use ordinance, pursuant to Section 912.1 of the Pennsylvania Municipalities Planning Code.[3] Any change, expansion or enlargement or a use previously approved or permitted by special exception shall require a new special exception application and approval.
[3]
Editor's Note: See 53 P.S. § 10912.1.
G. 
Appeals from the determination of any officer or agency charged with the administration of any transfers of development rights or performance density provisions of this chapter.
H. 
Appeals from the Zoning Officer's determination under Section 916.2 of the Pennsylvania Municipalities Planning Code.[4]
[4]
Editor's Note: See 53 P.S. § 10916.2.
I. 
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 related to development not involving applications under Articles V or VII of the Pennsylvania Municipalities Planning Code.[5]
[5]
Editor's Note: See 53 P.S. §§ 10501 et seq. and 10701 et seq., respectively.
The Zoning Hearing Board may make, alter, and rescind rules and forms for its procedure including, but not limited to, the manner of filing appeals and applications of special exceptions and variances.
The Board shall conduct hearings and make decisions in accordance with the following requirements:
A. 
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 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.
B. 
The hearings shall be conducted by the Board or the Board may appoint any member, or an independent attorney as a hearing officer. The decision, or, when no decision is called for, the findings shall be made by the 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 Board and accept the decision or findings of the hearing officer as final.
C. 
The parties to the hearing shall be the Township, any person affected by the application who has made timely appearance of record before the Board, and any other person including civic or community organizations permitted to appear by the Board. The Board shall have power to require that all persons who wish to be considered parties enter appearances in writing on forms provided by the Board for that purpose.
D. 
The Chairman or acting Chairman of the Board or the hearing officer presiding shall have 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.
E. 
The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on all relevant issues.
F. 
Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded.
G. 
The 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 Board. The cost of the original transcript shall be paid by the 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 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.
H. 
The Board or the hearing officer shall not communicate, directly or indirectly, with any party or his 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 the Board's Solicitor, unless the parties are afforded an opportunity to contest the material so noticed and shall not inspect the site or its surroundings after the commencement of hearings with any party or his representative unless all parties are given an opportunity to be present.
I. 
The first hearing before the Board or hearing officer shall be commenced within 60 days from the date of receipt of the applicant's application, unless the applicant has agreed in writing to an extension of time. Each subsequent hearing before the 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 case-in-chief within 100 days of the first hearing. Upon the request of the applicant, the Board or hearing officer shall assure that the applicant receives at least seven hours of hearings within the 100 days, including the first hearing. 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. An applicant may, upon request, be granted additional hearings to complete his 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.
Appeals under § 162-2402, Subsections A through D and G through I above, [MPC 909.1(a)(1), (2), (3), (4), (7), (8) and (9)[1]] may be filed with the Board in writing by the landowner affected, any officer or agency of the Township or any person aggrieved. Requests for a variance under § 162-2409 below (MPC 910.2),[2] and for special exception under § 162-2408 below (MPC 912.1),[3] may be filed with the Board by any landowner or any tenant equitable owner or option holder with the permission of such landowner.
[1]
Editor's Note: See 53 P.S. § 10909.1.
[2]
Editor's Note: See 53 P.S. § 10910.2.
[3]
Editor's Note: See 53 P.S. § 10912.1.
The Township shall give notice of public hearings as follows:
A. 
By giving public notice thereof as defined in this chapter.
B. 
By mailing written notice thereof to the applicant, the Zoning Officer, Township Secretary and any person who has made timely request for the same.
C. 
By mailing written notice thereof to every resident or association of residents of the Township who shall have registered their names and addresses for this purpose with the Zoning Hearing Board.
D. 
By mailing written notice thereof to the owner, if his address is known, or to the occupant of every lot on the same street within 500 feet of the lot in question and of every lot not on the same street within 150 feet of said lot; provided that failure to mail the notice required by this subsection shall not invalidate any action taken by the Zoning Hearing Board. All hearings shall be conducted in accordance with Section 908 of the Pennsylvania Municipalities Planning Code (53 P.S. § 10908), as amended.
E. 
By posting written notice thereof conspicuously on the affected tract of land at least one week prior to the hearing.
A. 
The 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 Board or hearing officer. 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 the Pennsylvania Municipalities Planning Code 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. If the hearing is conducted by a hearing officer, and there has been no stipulation that his decision or findings are final, the Board shall make his report and recommendations available to the parties within 45 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. Except for challenges filed under Section 916.1 of the Pennsylvania Municipalities Planning Code[1] where the 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 § 162-2404I above [MPC 908(1.2)],[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 Board to meet or render a decision as herein above provided, the 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 § 162-2406 above [MPC 908(1)].[3] If the Board shall fail to provide such notice, the applicant may do so. Nothing in this section shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction. The deemed approval provisions of this § 162-2407A shall apply to applicants only under § 162-2402, Subsections E and F; and not appellants under § 162-2402, Subsections A through D and G through I.
[1]
Editor's Note: See 53 P.S. § 10916.1.
[2]
Editor's Note: See 53 P.S. § 10908(1.2).
[3]
Editor's Note: See 53 P.S. § 10908(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 mailed to him not later than the day following its date. To all other persons who have filed their name and address with the Board not later than the last day of the hearing, the Board shall provide by mail or otherwise, brief notice of the decision or findings and a statement of the place at which the full decision or the findings may be examined.
In any instance where the Zoning Hearing Board is required to consider a request for special exception, the Zoning Hearing Board shall evaluate the degree of compliance with the following conditions:
A. 
The proposed use is consistent with the purpose of the zoning district in which it is permitted, the overall purpose for zoning as described in Article I of this chapter, and the policies of the Pennsbury Township Comprehensive Plan.
B. 
The proposed use is capable of satisfying the applicable provisions and requirements of Chapter 138, Subdivision and Land Development, and other applicable ordinances, codes, and/or regulations.
C. 
The proposed use is limited to those authorized as special exception within the zoning district in which the lot or tract is located.
D. 
The proposed use and construction is located in an area for which site conditions are suited.
E. 
The proposed use is compatible with land uses on adjacent properties, including historic resources, and will be designed, constructed, and maintained in a manner which complements the appearance and character of the neighborhood.
F. 
If containing more than one building, the use consists of a harmonious grouping of buildings or other structures.
G. 
The proposed use serves the health, safety, and general welfare of the Township.
H. 
The proposed use is consistent with, and will have no adverse effect upon, the logical extension of public services and utilities, such as public water, public sewer, police, fire protection, recreational opportunities, open space, and public schools.
I. 
The proposed use reflects an environmentally sensitive approach to land planning and design, will be sited in a manner sensitive to existing site conditions including streams, vegetation, and other natural resources, and is consistent with Article XV.
J. 
The proposed use provides safe and adequate access to roads, of the lowest functional classification where possible, existing or proposed, and will not result in excessive traffic volumes, and will make improvements needed to create compatibility with adjacent streets and public services.
K. 
The interior traffic circulation for the proposed use provides safe and convenient circulation for all users including vehicular and pedestrian modes of traffic and the plan addresses emergency design considerations.
L. 
Evidence of adequate water supply and sewage disposal capability for the proposed use is provided. The tract of land shall be served by a water supply system and a sewage system deemed acceptable by the Board, upon recommendation of the Township Engineer. Such facilities shall be designed and constructed in compliance with Chapter 138, Subdivision and Land Development, and the Pennsbury Township Sewage Facilities Plan.
M. 
The proposed use will be developed using best stormwater management practices and soil erosion and sedimentation control techniques consistent with the requirements of Chapter 138, Subdivision and Land Development, Township stormwater management regulations, and other applicable codes and ordinances.
N. 
The development of a tract carried out in either a single phase or in stages shall be executed in accordance with a development agreement. The owner, developer, and Township shall enter into said agreement embodying all details regarding compliance with this chapter to assure the binding nature thereof on the overall tract and its development, which agreement shall be recorded with the final development plan.
O. 
Review of proposed special exceptions shall take into consideration the applicable requirements of Article XIX and Article XX in determining the consistency of the proposed plan with the intent of this chapter.
P. 
The language, terms and conditions of any proposed covenants or restrictions shall be subject to review and recommendation by the Township Solicitor.
Q. 
If the request for special exception involves a property located within the Flood Hazard District, then the criteria in § 162-1608 are also to be considered.
R. 
In granting a special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards, in addition to those expressed above, as it may deem necessary to implement the purposes of this chapter. The applicant shall be responsible for demonstrating compliance with the additional standards and criteria required for special exception approval.
A. 
The Board shall hear requests for variances where it is alleged that the provisions of this chapter inflict unnecessary hardship upon the applicant. The Board may by rule prescribe the form of application and may require preliminary application to the Zoning Officer. The 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 of 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 applicant;
(4) 
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; and
(5) 
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.
B. 
If there is a finding of hardship, and the criteria in Subsection A, above, are affirmatively established, the Board may consider as additional criteria the standards established in § 162-2408 for special exceptions in the grant of the variance.
C. 
If the request for variance involves a property located within the Flood Hazard District, then the criteria in § 162-1607 are also to be considered.
[Amended 3-19-2014 by Ord. No. 2014-3-19-1]
D. 
No variances may be granted from any objective criteria or standard applicable to a use authorized by conditional use or special exception. Any application that does not comply with any objective criteria or standard shall be a use variance application.
Unless otherwise specified by the Zoning Hearing Board, a special exception or variance which has been authorized by the Zoning Hearing Board shall expire if the applicant:
A. 
Fails to obtain a zoning permit within six months from the date of authorization thereof; or
B. 
Fails to demonstrate, as determined by the Township, the intent to perform and complete the work associated with the grant of the special exception or variance within six months from the date of issuance of the permit for such work.
Appeals from decisions of the Zoning Hearing Board may be taken by any party aggrieved to a court of competent jurisdiction in accordance with Article X-A of the Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 11001-a et seq.