A.
Creation and membership. There is hereby established
a Zoning Hearing Board. The membership of the Board shall consist
of five residents of the township appointed by the Board of Supervisors.
The members of the Board shall be appointed for a five-year term,
however, the terms of the first Board members appointed shall be for
a term of one, two, three, four and five years so that each year a
Board member's term expires. The Board shall promptly notify the Board
of Supervisors of any vacancies which occur. Appointments to fill
vacancies shall be only for the unexpired portion of the term. The
Board of Supervisors may appoint one, two or three residents of the
township to serve as alternate members of the Zoning Hearing Board.
If, by reason of absence or disqualification of a member, 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 section shall be made on a case by case
basis and rotation according to the declining seniority among all
alternates. Members of the Board and alternates shall hold no other
office in the township.
B.
Removal of members. Any Board member may be removed
for malfeasance, misfeasance or nonfeasance in the 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.
C.
Organization. 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. 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 and shall submit a report of its activities to the
Board of Supervisors once a year.
D.
Expenses. Within the limits of funds appropriated
by the township, 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 township.
A.
General statement of powers. The Zoning Hearing Board
shall function in strict accordance with and pursuant to the Pennsylvania
Municipalities Planning Code,[1] as amended, and shall have exclusive jurisdiction to hear
and render final adjudications in the following matters:
(2)
Challenges to the validity of a land use ordinance
raising procedural questions or alleged defects in the process of
enactment of adoption, which challenges shall be raised by an appeal
taken within 30 days after the effective date of said ordinance.
(3)
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 or the issuance of any
cease and desist order;
(5)
Applications for variances from the terms of this
zoning chapter and the Floodplain Ordinance.
(6)
Applications for special exceptions under this zoning
chapter or the Floodplain Ordinance.
(8)
Appeals from the determination of the Zoning Officer or Municipal 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 Article V or VII applications of the Pennsylvania Municipalities Planning Code, as amended.
(9)
To hear and decide requests for uses as authorized by §§ 240-32A(10), 240-38A(3), 240-62A(62), 240-67A(14), 240-74B(28), 240-80A(32) and 240-87A(20). The applicant shall first appear at a hearing held in accordance with § 240-101 before the Zoning Hearing Board to establish that the proposed use is compatible with the inherent purposes and uses described in the applicable use district. If the Zoning Hearing Board determines that the proposed use is permitted within the applicable use district, and subject to any conditions imposed upon the applicant by the Zoning Hearing Board, the applicant shall, except for §§ 240-32A(10) and 240-38A(3) uses, submit to the Planning Commission a site plan containing the information required in § 240-19 and the district in which the property is located. The Planning Commission shall thereafter act upon the site plan in accordance with § 240-19 and its rules and procedures and shall, in addition, require that the site plan shows an intent to comply with the conditions, if any, imposed by the Zoning Hearing Board.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
B.
The standards for review of proposed variance, special exception or §§ 240-32A(10), 240-38A(3), 240-62A(62), 240-67A(14), 240-74B(28), 240-80A(32) and 240-87A(20) uses.
(1)
In any instance where the Zoning Hearing Board is required to consider a request for variance, special exception or use grant as authorized in §§ 240-32A(10), 240-38A(3), 240-62A(62), 240-67A(14), 240-74B(28), 240-80A(32) and 240-87A(20), the Zoning Hearing Board should determine that the following guidelines are met before granting the request:
(a)
The size, scope, extent and character of the
special exception, variance or use requested is consistent with the
Comprehensive Plan of the township and promotes the harmonious and
orderly development of the zoning district involved.
(b)
The proposed change or modification constitutes
an appropriate use consistent with the character and type of development
in the area surrounding the location for which the request is made
and will not substantially impair, alter or detract from the use of
surrounding property or the character of the neighborhood in light
of the zoning classification of the area affected; the effect on other
properties in the area; the number, extent and scope of nonconforming
uses in the area; and the presence or the absence in the neighborhood
of conditions or uses which are the same or similar in character to
the condition of use for which applicant seeks approval.
(c)
The proposed use is suitable with respect to
traffic and highways in the area and provides for adequate access
and off-street parking arrangements in order to protect major streets
and highways from undue congestion and hazard.
(d)
Major street and highway frontage will be developed
so as to limit the total number of access points and encourage the
frontage of buildings on parallel marginal roads or on roads perpendicular
to the major street or highway.
(e)
The proposed change is reasonable in terms of
the logical, efficient and economical extension of public services
and facilities, such as public water, sewers, police, fire protection
and public schools, and assure adequate arrangements for sanitation
in specific instances.
(f)
All commercial or industrial parking, loading, access or service areas will be adequately illuminated at night while in use and arranged so as to comply the requirements of Article XVIII dealing with special regulations and relating to access and highway frontage.
(g)
Conditions are being imposed on the grant of
the request necessary to ensure that the general purpose and intent
of this zoning chapter is complied with and that the use of the property
adjacent to the area included in the proposed change or modification
is adequately safeguarded with respect to harmonious design of buildings,
aesthetics, planting and its maintenance as a sight or sound screen,
landscaping, hours of operation, lighting, numbers of persons involved,
allied activities, ventilation, noise, sanitation, safety, smoke and
fume control and the minimizing of noxious, offensive or hazardous
elements.
(h)
The proposed change protects and promotes the
safety, health, morals and general welfare of the township.
(2)
In addition, to approve a proposed variance the Board
must also find, where relevant to given causes:
(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 zoning 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 zoning 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 represent
the minimum variance that will afford relief and will represent the
last modification possible of the regulation in issue.
C.
Powers relative to items not included in zoning chapter.
The Zoning Hearing Board shall have the power to make a ruling on
all land use items not specifically detailed in this chapter.
D.
Exercise of powers. In exercising the above powers,
the Board may reverse or affirm. wholly or partly, or may modify the
order, requirement, decision or determination appealed from and such
order, requirement, decision or determination as ought to be made
and, to that end, shall have all powers of the officer from whom the
appeal is taken. Every change granted or denied by the Board shall
be accompanied by a written finding of fact based on sworn testimony
and evidence, specifying the reason for granting or denying the variation.
The decision of the Board shall be made a part of any building permit
in which variation is allowed.
E.
Required action. The concurring vote of a majority
of the members of the Board shall be necessary to reverse any order,
requirement, decision or determination of the Zoning Administrator
or to decide in favor of the applicant on any matter upon which it
is required to pass under this chapter or to allow any variation of
this chapter.
F.
Appeal from action of the Board. Any party before
the Board or any office or officer of the township or the Supervisors
may appeal to the Court of Common Pleas. All zoning appeals shall
be filed with the prothonotary not later than 30 days after issuance
of the notice of the decision or report of the Board. Appellant's
procedure shall follow the requirements of the Pennsylvania Municipalities
Planning Code, Act 247.[5]
[5]
Editor's Note: See 53 P.S. § 10101
et seq.
G.
Fees.
(1)
Any person other than the Township Supervisors or
Planning Commission requesting a hearing before the Zoning Hearing
Board shall pay the following fees which shall defray the costs of
the Zoning Hearing Board proceedings. including compensation of the
Secretary and members of the Board, costs of notice and advertising
and necessary administrative overhead expenses. The appearance fee
for the stenographer shall be paid equally by the applicant and the
Board. Transcription costs are to be paid by the party requesting
a transcript, whether original or a copy; however, in a case of an
appeal, the cost of the transcript shall be paid by the party appealing
the decision.
(a)
Basic fee. Applicants for variances, special
exceptions and all other appeals shall pay a fee as set by resolution
by the Township Supervisors, except as challenges filed pursuant to
Section 909.1(a)(1) of the Pennsylvania Municipalities Planning Code,
as amended,[6] in which event the fee shall also be as set by resolution
by the Township Supervisors.
[6]
Editor's Note: See 53 P.S. § 10101
et seq.
(b)
Additional fee. If actual costs exceed the fee
charged, the applicant shall promptly pay the difference upon billing
by the township. No permit/approval shall be given until payment of
any outstanding fee is received by the township.
A.
Rules. The Zoning Hearing Board may make, alter and
rescind rules and forms for its procedure, including, but not limited
to, exceptions and variances.
B.
Appeals and requests to the Zoning Hearing Board.
(1)
Appeals to the Zoning Hearing Board may be filed by
the landowner affected, any officer or agency of the township or any
person aggrieved. Such appeal shall be taken within the time required
by the Pennsylvania Municipalities Planning Code or as provided by
the rules of the Zoning Hearing Board by filing with the Zoning Officer
and with the Zoning Hearing Board a notice of appeal specifying the
grounds thereof.
(2)
The Zoning Officer shall forthwith transmit to the
Zoning Hearing Board all the papers constituting the record upon which
the action appealed from was taken. Requests for a variance or special
exception may be filed by any landowner or any tenant with permission
of the landowner. The appropriate fee, established by the township,
shall be paid in advance for each appeal or application for a special
exception or variance to cover advertising costs, mailing notices
and charges of the stenographer for taking the notes of testimony;
provided that, if more than ten pages of testimony are taken in any
case, the appellant or applicant shall reimburse the township for
the cost of such additional testimony.
C.
Hearings and notices. Upon the filing with the Zoning
Hearing Board of an appeal or an application for a special exception
or variance from the terms of this chapter, the Zoning Hearing Board
shall fix a reasonable time and place for a public hearing thereon
and shall give public notice thereof, as well as due notice to the
parties in interest, and shall decide the same in writing within 45
days after the hearing. Each written decision shall be accompanied
by findings of fact and conclusions based thereon, together with the
reasons thereupon in accordance with Section 908(9) of the Municipalities
Planning Code.[1] If the Zoning Hearing Board does not make a written decision
within 45 days after the hearing or continued hearing. it shall be
deemed that the Zoning Hearing Board has decided in favor of the applicant.
Any party may appear at a public hearing in person or by agent or
attorney. The notice of public hearing shall state the location of
the building or lot and the general nature of the question involved
and shall be given as follows:
(1)
By publishing a notice thereof once a week for two
successive weeks in a newspaper of general circulation in the township
and not more than 30 days nor less than seven days prior to the hearing.
(2)
By mailing a notice thereof to the applicant, the
Zoning Officer, Township Manager and any person who has made timely
request for same.
(3)
By mailing a notice thereof to every resident or association
of residents in the township who shall have registered their names
and addresses for this purpose with the Zoning Hearing Board.
(4)
By mailing notice thereof to the owner, 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 section 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.
(5)
Notice of the hearing shall be conspicuously posted
on the affected tract of land.
(6)
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 where the full decision or findings may
be examined.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
Unless otherwise specified by the Zoning Hearing Board, a special exception, variance or use approved pursuant to § 240-100A which has been authorized by the Zoning Hearing Board shall expire automatically, without further notice by the township to the applicant, if the applicant fails to obtain the zoning approval or use certificate issued by the Zoning Officer and/or the building permit issued by the Codes Enforcement Officer within six months from the date of authorization thereof.
