Township of East Whiteland, PA Appeals and Adjudications

Appointment. The Board of Supervisors shall appoint a Zoning Hearing Board consisting of three members who shall be residents of the Township. The members of the Zoning Hearing Board shall be removable as specified in the Pennsylvania Municipalities Planning Code[1] for cause as stated therein by a majority vote of the Board of Supervisors upon written charges and after a public hearing. The word "Board" when used in this section shall mean "Zoning Hearing Board."

[Amended 3-9-2011 by Ord. No. 229-2011]

[1]

Editor's Note: See 53 P.S. § 10101 et seq.

Terms of office. The terms of office of the Board shall be three years and shall be so fixed that the term of office of one member of the Board shall expire each year. Appointments to fill vacancies shall be only for the unexpired portion of the term. Members of the Board shall hold no other office in the municipality.

[Amended 3-9-2011 by Ord. No. 229-2011]

Alternate members. Alternate members may be appointed by the Board of Supervisors as provided for under the Pennsylvania Municipalities Planning Code. When seated pursuant to the Pennsylvania Municipalities Planning Code, an alternate shall be entitled to participate in all proceedings and discussions of the Board.

Powers and duties. The Board shall have the following powers:

(1)

Appeals and interpretations: to hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this chapter; to interpret upon the words, terms, rules, regulations, provisions, and restrictions of this chapter where there is doubt as to the meaning thereof, including determination in specific instances whether questionable uses are permitted by virtue of being "similar to" or "customarily incidental to" permitted uses as provided by this chapter.

(2)

Conditions for special exceptions. The Zoning Hearing Board shall consider all of the general standards as well as any specific standards that may be listed for the proposed use. The Zoning Hearing Board may impose reasonable conditions on a special exception use as it determines are necessary to ensure compliance with Township ordinances and state and federal regulations; to protect the public health and safety; and to ensure compatibility and avoid nuisances among nearby uses.

(3)

Variances.

(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 or 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 appellant.

[4]

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.

[5]

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.

(b)

In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of the Pennsylvania Municipalities Planning Code and this chapter.

(4)

Other matters as provided for in the Pennsylvania Municipalities Planning Code.

(5)

To herein decide special exceptions and/or variances required in conjunction with applications for land development and/or subdivision only after a sketch plan prepared for said land development and/or subdivision application has been reviewed by the East Whiteland Township Planning Commission. The sketch plan may be an approximate drawing but should generally be drawn to a scale of either 50 or 100 feet to the inch and shall contain at least the following information:

(a)

The location, size, and topography of the site and the nature of the applicant's interest in the land proposed to be developed.

(b)

The intensity of land use to be allocated to various parts of the site as well as the number of dwelling units and square footage contemplated.

(c)

The use and approximate location, height, and bulk of buildings and other structures.

(d)

A written statement of a qualified professional concerning the feasibility of proposals for sewerage, water supply, and stormwater management, but not to include drawings.

(e)

The substance of protective covenants, grants, or easements or other restrictions intended to be imposed upon the land, or the use of the land, buildings, and other structures including proposed easements or grants for public utilities.

(f)

The provisions to be made for parking of vehicles, and the location, width, and general alignment of streets, public ways, and internal driveways.

(g)

The required modifications in the Township regulations that would otherwise be applicable to the subject property.

(h)

The approximate tract boundary, North point, names of adjoining property owners, name and location of all abutting streets and utilities, and the location of any significant topographical and physical features and any historic resources.

Public interest criteria. In determining whether the allowance of a special exception or a variance is contrary to the public interest, the Zoning Hearing Board shall consider whether the application, if granted, will:

(1)

Be detrimental to appropriate use of adjacent properties.

(2)

Cause undue congestion of pedestrian or vehicular traffic.

(3)

Endanger the safety of persons or property by improper location or design of facilities for ingress or egress.

(4)

Increase the danger of fire or otherwise endanger the public safety.

(5)

Overcrowd the land or create an undue concentration of population.

(6)

Impair an adequate supply of light and air to adjacent property.

(7)

Adversely affect transportation or unduly burden water, sewer, school, park, or other public facilities.

(8)

Adversely affect the public health, morals, safety, or general welfare.

(9)

Run counter to the spirit and purpose of this chapter.

General standards. In any instance where the Zoning Hearing Board shall consider a special exception or variance in accordance with the provisions of this chapter, the Board shall, among other things:

(1)

Consider the suitability of the property for the use desired and assure itself that the proposed change is consistent with the spirit, purpose, and intent of this chapter.

(2)

Determine that the proposed change will not substantially injure or detract from the use of neighboring property nor from the character of the neighborhood and that the use of the property adjacent to the area including the proposed change or plan is adequately safeguarded.

(3)

Determine that the proposed change will serve the best interests of the Township and the public welfare.

(4)

Consider the effect of the proposed change upon the logical, efficient, and economical extension of public services and facilities such as public water, sewers, police and fire protection, and public schools.

(5)

Consider the suitability of the proposed location of an industrial or commercial use with respect to probable effects upon highway traffic, and assure adequate access arrangements in order to protect all streets from undue congestion and hazard.

(6)

Be guided in its study, review, and recommendation by sound standards of subdivision practice, where applicable.

(7)

Impose such conditions, in addition to those specifically required in accordance with individual district regulations, as are necessary to assure that the intent of the chapter is complied with, which conditions may include, but are not limited to, harmonious design of buildings, planting and its maintenance as a sight or sound screen, the minimizing of noxious, offensive, or hazardous elements, and adequate standards of parking and sanitation.

(8)

Impose such conditions on the application for special exception or variance as are necessary to assure that the Board has adequate information on which to base a decision, which conditions may include, but are not limited to, the submission of traffic, water, storm drainage, sanitary sewer, and historic and environmental resources studies.

Procedures. The Board shall adopt rules of procedure for filing appeals or applications for special exceptions or variances. All appeals and applications shall refer to the specific provision of this chapter involved, shall exactly set forth the interpretation that is claimed, and shall provide the supporting information specified in Article XVII, § 200-108, of this chapter.

Hearings and notice of decision. The Zoning Hearing Board shall comply with the requirements for hearings and decisions as specified in the Pennsylvania Municipalities Planning Code.

Technical assistance. The Zoning Hearing Board, in considering any matter within its jurisdiction, may request that the East Whiteland Township Planning Commission, other municipal boards and commissions, the Chester County Planning Commission, or any other specialist or groups of specialists having expert knowledge of the matter under consideration present evidence during the hearing that would assist the Board in reaching its decision thereon.

Expiration of special exceptions and variances. Unless otherwise specified by the Board, a special exception or variance shall expire if the applicant fails to obtain a building permit within one year of the date of the granting of the special exception or variance. If the special exception or variance requires a subdivision or land development, the special exception or variance shall expire if the applicant fails to file an application for preliminary subdivision or land development within two years of the date of the granting of the special exception or variance.

[Amended 6-12-2019 by Ord. No. 313-2019]

Public hearing requirement. Upon the filing with the Zoning Hearing Board of an application for a special exception or variance or an interpretation or appeal from the terms of this chapter and the payment of a fee in accordance with the Township's fee schedule, the Zoning Hearing Board shall fix a reasonable time and place for a public hearing thereon and shall give public notice as defined therein. Upon the filing with the Board of Supervisors of an application for a conditional use or curative amendment or a petition for amendment to this chapter pursuant to Article XIX and the payment of a fee in accordance with the Township's fee schedule, the Board of Supervisors shall fix a reasonable time and place for a public hearing thereon and shall give public notice as defined herein. Public hearings shall be held within 60 days from the date the applicant's request is filed, unless the applicant has agreed in writing to an extension of time.

Notice requirement. Written notice shall be given to the applicant, Zoning Officer, Township Planning Commission, Zoning Hearing Board, Board of Supervisors, and to any person who has made timely request for the same. In addition, written notice of the public hearing shall be conspicuously posted on the affected tract by the Zoning Officer at least one week prior to the hearing. Where the affected tract has more than 300 feet of frontage on a street, written notice shall be posted at intervals of not less than 200 feet. In addition, notices by regular first-class mail or hand delivery shall be sent by the applicant to the address of record as is on file at the Chester County Assessor's office to all owners of properties contiguous to and directly across the street from the affected tract. In addition, where the Zoning Officer believes, in his sole discretion, that the relief requested may affect the use and enjoyment of additional properties in proximity to the affected property, the Zoning Officer shall designate such additional property owners to receive written notice by the applicant of the public hearing.

[Amended 3-9-2011 by Ord. No. 230-2011]

Notice content. The notice shall state the general nature of the proposed amendment and that full opportunity to be heard will be given to any citizen and all parties with legal standing interested in attending such hearing. The notice shall state the location of the building or lot and the general nature of the question involved.

Record of proceedings. The Board having jurisdiction shall keep a stenographic record of the public hearing proceedings.

Notice of decision or findings. The Board having jurisdiction shall make written findings on the application within 45 days after the last hearing before the Board in accordance with the Pennsylvania Municipalities Planning Code, unless the applicant agrees to extend such time limit. Where the application is authorized, such a decision and any conditions attached thereto shall be enforceable in the same manner as other provisions of this chapter. 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.

Appeals to court. Any persons aggrieved by any decision of the Board of Supervisors or the Zoning Hearing Board may appeal to the Court of Common Pleas of Chester County in accordance with the Pennsylvania Municipalities Planning Code.