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.
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.
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.
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. Any change, expansion or enlargement or a use previously
approved or permitted by special exception shall require a new special
exception application and approval.
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.
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.
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)] 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), and for special exception under §
162-2408 below (MPC 912.1), may be filed with the Board by any landowner or any tenant
equitable owner or option holder with the permission of such landowner.
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.
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.
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.