There shall be a Zoning Hearing Board, appointed by the Board of Supervisors, in accordance with the Pennsylvania Municipalities Planning Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A. 
The membership of the Zoning Hearing Board shall consist of three residents of Sadsbury Township appointed by the Board of Supervisors. The terms of office of the members of the Board shall be three years and shall be so fixed that the term of office of one member shall expire each year. Appointments to fill vacancies shall be only for the unexpired portion of the term. Members of the Zoning Hearing Board shall hold no other offices in the Township.
B. 
The Board of Supervisors may appoint, by resolution, at least one, but not more than three, residents of the Township to serve as alternate members of the Zoning Hearing Board. The term of office of an alternate member shall be three years. When seated pursuant to the provisions contained herein, an alternate shall be entitled to participate in all proceedings and discussions of the Zoning Hearing Board, including, specifically, the right to cast a vote as a voting member during the proceedings, and shall have all of the powers and duties set forth in this chapter and as otherwise provided by law. Alternates shall hold no other offices in the Township, including membership on the Planning Commission or as the Zoning Officer. An alternate may participate in any proceedings or discussion of the Zoning Hearing Board but shall not be entitled to vote as a member of the Zoning Hearing Board nor be compensated unless designated as a voting alternate member.
C. 
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 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.
A. 
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 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.
B. 
If, by reason of absence or disqualification of a member, a quorum is not reached, the Chairman of the Zoning Hearing 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 alternative was initially appointed, until the Board has made a final determination of the matter or case. Designation of an alternate, pursuant to this section, shall be made on a case-by-case basis, in rotation, according to declining seniority among all alternates.
C. 
The Zoning Hearing Board may make, alter and rescind rules and forms for its procedure consistent with the ordinances of Sadsbury Township and the laws of the Commonwealth of Pennsylvania. The Zoning Hearing Board shall keep full public records of its business, which records shall be the property of Sadsbury Township, and shall submit a report of its activities to the Board of Supervisors as may be requested by the Supervisors from time to time.
A. 
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 shall 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 members of the Board of Supervisors. Alternate members of the Board may receive compensation as may be fixed by the Board of Supervisors for the performance of their duties when designated as alternate members, pursuant to the provisions contained herein, but in no case shall such compensation exceed the rate of compensation authorized to be paid to the members of the Board of Supervisors.
B. 
The applicant before the Zoning Hearing Board shall deposit with the Township, such a sum of money as set forth in the fee schedule, adopted by resolution of the Board of Supervisors, to pay the cost of the hearing. In the event the application fee is, at any time, insufficient to cover the costs incurred or reasonably anticipated to be incurred, the Township Secretary or Zoning Hearing Board Secretary shall notify the applicant and provide a written copy of each item of cost incurred and shall required the applicant to pay, within 10 days of such notification, any balance then due.
The following procedures shall guide the hearings conducted before the Zoning Hearing Board.
A. 
Public notice of a hearing before the Zoning Hearing Board shall be given and written notice shall be given to the applicant, the Zoning Officer, and to any person who has made timely request for the same. Written notices shall be given at such time and in such manner as shall be prescribed herein. In addition to the written notice provided herein, written notice of said hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing.
B. 
Reasonable fees may be prescribed for 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.
C. 
The hearing shall be held within 60 days from the date of the applicant's request, unless the applicant has agreed, in writing, to an extension of time.
D. 
The hearings shall be conducted by the Zoning Hearing Board. The Zoning Hearing Board may appoint any member as a hearing officer. The decision, or where no decision is called for, the findings, shall be made by the Zoning Hearing 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.
E. 
The Chairman or Acting Chairman of the Zoning Hearing Board, or the hearing officer presiding, shall have the power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and the documents requested by the parties.
F. 
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.
G. 
Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded.
H. 
The Zoning Hearing 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 Zoning Hearing Board. The cost of the original transcript shall be paid by the Zoning Hearing Board if the transcript is ordered by the Zoning Hearing Board or hearing officer, or shall be paid by the person appealing from the decision if such appeal is made. 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.
I. 
The Zoning Hearing 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; take notice of any communication, reports, staff memoranda or other materials, except advice from their solicitor, unless the parties are afforded an opportunity to contest the material so noticed; nor 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.
J. 
The Zoning Hearing 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 close of the final hearing before the Zoning Hearing 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 provision of this chapter, or of any ordinance, rule or regulation, shall contain a reference to the provision relied on and the reason why the conclusion is deemed appropriate in 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 Zoning Hearing Board shall make his report and recommendation available to the parties within 45 days and the parties shall be entitled to make written representations prior to final decision or entry of findings, and the Zoning Hearing Board's decision shall be entered no later than 30 days after the report of the hearing officer. When a decision has been rendered in favor of the applicant because of the failure of the Zoning Hearing Board to meet or render a decision as by law provided, the Zoning Hearing 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 for herein. If the Zoning Hearing Board shall fail to provide such notice, the applicant may do so. Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.
K. 
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, a brief notice of the decision or findings and a statement of the place at which the full decision or findings may be examined.
The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudication 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 Sections 609 and 916 of the Pennsylvania Municipalities Planning Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. §§ 10609 and 10916, respectively.
B. 
Challenges to the validity of this chapter raising procedural questions or alleged defects in the process of enactment or adoption. Challenges shall be raised by an appeal taken within 30 days after the effective date of this chapter.
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. 
Applications for variances from the terms of this chapter, pursuant to the requirements of Section 910.2 of the Pennsylvania Municipalities Planning Code, as amended.[2]
[2]
Editor's Note: See 53 P.S. § 10910.2.
E. 
Applications for special exceptions under this chapter pursuant to Section 912.1 of the Pennsylvania Municipalities Planning Code, as amended.[3]
[3]
Editor's Note: See 53 P.S. § 10912.1.
F. 
Appeals from the determination of any officer or agency regarding performance density provisions of this chapter.
G. 
Appeals from the determination of the Zoning Officer or Township Engineer in the administration of this chapter with reference to sedimentation and erosion control and stormwater management provisions.
H. 
In all such challenges the Zoning Hearing board shall decide all contested questions and shall make findings on all relevant issues of fact and of interpretation, and submit findings as part of the record on appeal to the court.
A. 
The Zoning Hearing Board shall hear requests for variances where it is alleged the provisions of this chapter inflict unnecessary hardship upon the applicant. The Board may, by rule, prescribe the form of the application and may require preliminary application to the Zoning Officer.
(1) 
The Board may grant a variance, provided all of the following findings are made, where relevant, in a given case:
(a) 
There are unique physical circumstances or conditions, including irregularity, narrowness or shallowness of lot size or shape, exceptional topographical or other physical conditions peculiar to the particular property, and 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) 
Because of such physical circumstances or conditions, there is no possibility the property can be developed in strict conformity with the provisions of this chapter and the authorization of a variance is, therefore, necessary to enable the reasonable use of the property.
(c) 
Such unnecessary hardship has not been created by the appellant.
(d) 
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.
(e) 
In a case where the property is located in part or totally within the regulatory floodway, the granting of a variance will not increase the base flood elevation.
(f) 
The variance, if authorized, will represent the minimum variance affording relief and will represent the least modification possible of the regulation in issue.
B. 
In granting any variance, the Zoning Hearing Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter.
The Zoning Hearing Board shall hear and decide requests for special exceptions in accordance with the standards and criteria of this section. In granting a special exception, the Zoning Hearing Board 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. The Zoning Hearing Board shall:
A. 
Give full consideration to the size, scope, extent and character of the exception desired and assure itself that such request is consistent with the plan for future land use in the Township and with the spirit, purpose and intent of this chapter.
B. 
Take into consideration, the character and type of development in the area surrounding the location for which the request is made and determine that the proposed change or modification, if permitted, will constitute an appropriate use in the area and will not substantially injure or detract from the use of surrounding property or from the character of the neighborhood.
C. 
Consider the public interest in, or the need for, the proposed use or change, to determine that the proposal will serve the best interest of the Township and protect the public health, safety and general welfare.
D. 
Make certain that the proposed change is reasonable in terms of the logical, efficient, and economical extension of public services and facilities, including, but not limited to, public water, sewers, police and fire protection, transportation and public schools.
E. 
Be guided in its study, review and recommendations by sound standards or subdivision practice where applicable.
F. 
Review the recommendations of the Planning Commission on the proposed development plan, where such plan is required. The Zoning Hearing Board shall not be bound by such recommendations nor shall the Zoning Hearing Board be bound by the action of the Board of Supervisors in relation to the development plan.
G. 
Guide the development of highway frontage, insofar as possible, to limit the total number of access points, reduce the need for on-street parking, and encourage the frontage of dwellings on parallel marginal roads or on roads perpendicular to the highway.
H. 
Consider the effects of the proposal with respect to congestion on the roads or highways, the most appropriate use of land, conserving the value of buildings, safety from fire, panic and other dangers, adequacy of light and air, the prevention of overcrowding, of land congestion, of population, and the adequacy of public and community services, and determine that approval of the application will not have a substantially adverse effect thereon.
I. 
Be assured that the natural features and processes characterizing the proposed site and its surroundings shall not suffer unmitigated degradation, that the management of stormwater, the provision of water or sewer service, and any other alterations to the site's pre-development condition shall be consistent with the Township goals, practices and plans in these regards, and that demand for water and energy by the proposed use shall be minimized to the optimal extent.
J. 
Impose such conditions, in addition to those required as are necessary to assure compliance with the intent of this chapter and which are reasonably necessary to safeguard the health, safety and general welfare of the residents of the Township at large and the residents and owners of the property adjacent to the area in which the proposed use is to be conducted. Conditions may include, but are not limited to, harmonious design of buildings, aesthetics, hours of operation, lighting, numbers of persons involved, noise, sanitation, safety, smoke and fume control and the minimizing of noxious, offensive or hazardous elements.
In all hearings for special exceptions and variances, the burden of proof shall, as to all aspects and standards, be and remain upon the applicant. Further, the initial burden of presenting the evidence shall be upon the applicant to demonstrate compliance, in writing, with each and every applicable term, condition and provision of this article. With regard to proof of general requirements that the application, if granted, would not be contrary to the public health, safety and general welfare, the initial burden as to specific objections shall be upon the protestant or Township, but the burden of persuasion, with respect to specific objections raised, shall be and remain upon the applicant.
A. 
A special exception or variance shall expire within six months from the special exception/variance authorization date, as defined in § 129-1810D, unless the applicant:
(1) 
Obtains all permits as may be required for the construction and/or use permitted by the special exception or variance and commences and diligently pursues substantial construction and/or use permitted by, and in accordance with, the special exception or variance; or
(2) 
Obtains an extension for the special exception or variance pursuant to § 129-1810B, below.
B. 
The Zoning Hearing Board, upon application, for good cause shown and after notice and hearing, may extend the six-month period of time set forth in § 129-1810A for such time as the Zoning Hearing Board may deem appropriate.
(1) 
In no event shall such extension, or the total of such extensions, if there is more than one, exceed 18 months.
(2) 
The Zoning Hearing Board may grant an extension at any time prior to the expiration of the special exception or variance, as provided in this section but not thereafter.
(3) 
An application for an extension may be considered and granted by the Zoning Hearing Board as part of the proceedings a decision in which it considers and grants the special exception or variance, or in subsequent separate proceedings and decision.
C. 
Upon the expiration of a special exception or variance, the special exception or variance shall become null and void and of no effect without any action of the Township or the Zoning Hearing Board first being required. In such event, the applicant or other person having standing shall be required to reapply to the Zoning Hearing Board in the same manner as a new applicant for such special exception or variance.
D. 
For the purposes of § 129-1810A, the "special exception/variance authorization date" shall have the following meanings:
(1) 
Where the special exception or variance is granted by affirmative decision of the Zoning Hearing Board with or without conditions attached, the "special exception/variance authorization date" subject to the provisions contained in this Subsection D shall be the date on which the written decision of the Zoning Hearing Board is either personally delivered or mailed to the applicant.
(2) 
Where the special exception or variance is allowed by deemed decision of the Zoning Hearing Board because of its failure to hold a hearing or render a decisions as provided by the Pennsylvania Municipalities Planning Code and this chapter, the "special exception or variance authorization date" shall be the date on which the decision of the Zoning Hearing Board is deemed to have been rendered in favor of the applicant.
(3) 
Where a decision of the Zoning Hearing Board is appealed, the "special exception or variance authorization date" shall be the date of the final court order which finally determines and concludes the appeal litigation without remand to the Zoning Hearing Board for further hearings and decision, unless such court order, or prior court order, affirmed thereby, provides otherwise.
(a) 
An appeal from the decision of the Zoning Hearing Board denying the special exception or variance, in which the court ultimately reverses the decision of the Zoning Hearing Board and grants the special exception or variance with or without conditions attached.
(b) 
An appeal from the affirmative or deemed decision of the Board granting or allowing the special exception or variance, including an appeal challenging a condition attached by the Zoning Hearing Board to such grant, which the court ultimately affirms or does not entirely set aside the special exception or variance, regardless of whether or not the court attached conditions to or otherwise modifies the special exception or variance, and/or affirms, sets aside or modifies a condition attached thereto by the Zoning Hearing Board.
Appeals as described herein 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 under § 129-1806D may be filed with the Board by any landowner or any tenant with the permission of such landowner.
A. 
No person shall be allowed to file any proceeding with the Zoning Hearing Board later than 30 days after any permit has been issued or refused or any other decision made by the Zoning Officer, if such proceeding is designed to secure reversal or to limit the approval in any manner.
B. 
The failure of anyone other than the landowner to appeal from an adverse decision on a preliminary plan, or from an adverse decision by the Zoning Officer on a challenge to the validity of an ordinance or map, pursuant to the Pennsylvania Municipalities Planning Code, shall preclude an appeal from a final approval, except in the case where the final submission substantially deviates from the approved tentative approval.
C. 
All appeals from determinations adverse to the landowners shall be filed by the landowner within 30 days after notice of the determination is issued.
The parties to the hearing shall be the Township, any person affected by the application who has made timely appearance of record before the Zoning Hearing Board and any other person including civic or community organizations, permitted to appear by the Zoning Hearing Board. The Zoning Hearing Board shall enter appearances in writing on forms provided by the Zoning Hearing Board for that purpose. The aforementioned 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.
A. 
Upon filing of any proceeding referred to in § 129-1811 and during its pendency before the Zoning Hearing Board, all land development pursuant to any challenged ordinance, order or approval of the Zoning Officer of any agency or body, and all official action thereunder shall be stayed unless the Zoning Officer or any other appropriate agency or body certifies to the Zoning Hearing Board facts indicating that such stay would cause imminent peril to life or property. In such case, the development or official shall not be stayed otherwise than by a restraining order, which may be granted by the Zoning Hearing Board or by the court having jurisdiction of zoning appeals on petition after notice to the Zoning Officer or other appropriate agency or body. When an application for development, preliminary or final, has been duly approved and proceedings designed to reverse or limit the approval area filed with the Zoning Hearing Board by persons other than the applicant, the applicant may petition the court having jurisdiction of zoning appeals to order such persons to post bond as a condition to continuing the proceedings before the Zoning Hearing Board.
B. 
After the petition is presented, the court shall hold a hearing to determine if the filing of the appeal is frivolous. It shall be the burden of the applicant for a bond to prove the appeal is frivolous. After consideration of all evidence presented. If the court determines that the appeal is frivolous, it shall grant the petition for a bond.
C. 
The question whether or not such petition should be granted and the amount of the bond shall be within the sound discretion of the court.
D. 
If an appeal is taken by a respondent to the petition for a bond from an order of the court dismissing a zoning appeal for refusal to post a bond and the appellate court sustains the order of the lower court to post a bond, the respondent to the petition for a bond shall be liable for all reasonable costs, expenses and attorney fees incurred by the petitioner.