[Ord. 187, 4/18/2008; as amended by Ord. 241, 6/8/2021]
1. There
is hereby created for the Township a Zoning Hearing Board in accordance
with the provisions of Article IX of the Pennsylvania Municipalities
Planning Code, 53 P.S. § 10901 et seq.
2.
A. The Zoning Hearing Board shall consist of three residents of the municipality appointed by resolution by the governing body. The terms of office of the existing appointees shall continue until their terms of office would expire under prior law, with the terms of office of the new appointees hereunder being three years, so fixed that the term of office of one member shall expire each year. Members of the Board shall hold no other elected or appointed office in the municipality, nor shall any member be an employee of the municipality, The governing body may appoint by resolution at least one but no more than three residents of the municipality to serve as alternate members of the Board. The term of office of an alternate member shall be three years. When seated pursuant to the provisions of Subsection
2B hereunder, an alternate shall be entitled to participate in all proceedings and discussions of the Board to the same and full extent as provided by law for Board members, including specifically the right to cast a vote as a voting member during the proceedings, and shall have all the powers and duties set forth in the Municipalities Planning Code and as otherwise provided by law. Alternates shall hold no other elected or appointed office in the municipality, including membership on the Planning Commission or as a Zoning Officer, nor shall any alternate be an employee of the municipality. Unless seated pursuant to the provisions of Subsection
2B hereunder, any alternate may participate in any proceeding or discussion of the Board but shall not be entitled to vote as a member of the Board.
B. If a
Board member is absent or disqualified, or a quorum is not reached,
the chairman of the Board shall designate as many alternate members
of the Board to sit on the Board as may be needed to provide a quorum.
Any alternate member of the Board shall continue to serve on the Board
in all proceedings involving the matter or case for which the alternate
was initially appointed until the Board has made a final determination
of the matter or case. Designation of an alternate pursuant to this
subsection shall be made on a case-by-case basis in rotation according
to declining seniority among all alternates.
3. Any Board
member may be removed for malfeasance, misfeasance 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 a vote.
A hearing shall be held in connection with the vote if the member
shall request it in writing.
4. 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 a majority of all the members of the Board, but 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 this Chapter.
5. The Board
may make, alter and rescind rules and forms for its procedure consistent
with ordinances of the Township and laws of the Commonwealth. The
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.
6. Within
the limits of funds appropriated by the Board of Supervisors, 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 Board of Supervisors, but in no case shall
it exceed the rate of compensation authorized to be paid to the members
of the Board of Supervisors.
[Ord. 187, 4/18/2008]
Where the Board of Supervisors, in this Chapter, has stated
conditional uses to be granted or denied by the Board of Supervisors
pursuant to express standards and criteria, the Board of Supervisors
shall hold hearings on and decide requests for such conditional uses
in accordance with such standards and criteria, In granting a conditional
use, the Board of Supervisors may attach such reasonable conditions
and safeguards, in addition to those expressed in this Chapter, as
it may deem necessary to implement the purposes of this Chapter and
the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101
et seq.
[Ord. 187, 4/18/2008]
Appeals raising the substantive validity of any land use ordinance
(except those to be brought before the Board of Supervisors pursuant
to the Pennsylvania Municipalities Planning Code), procedural questions
or alleged defects in the process of enactment or adoption of a land
use ordinance or 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 therefore, the issuance of any cease or
desist order or the registration or refusal to register any nonconforming
use, structure or lot, from a determination by the Township Engineer
or the Zoning Officer with reference to the administration of any
floodplain or flood hazard ordinance or such provisions within a land
use ordinance; 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; 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
relate to development not involving subdivision and land development
or planned residential development 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 Board by any landowner
or any tenant with the permission of such landowner.