[Amended 5-23-2005 by Ord. No. 7-05]
There shall be a Zoning Hearing Board which
shall consist of three members who shall be appointed by the Board
of Supervisors. The membership of the Board shall consist of residents
of the Township. Their terms of office shall be three years and shall
be so fixed that the term of office of one member shall expire each
year. 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. Members of the Board shall
hold no other office in the Township. Any member of the Board 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.
[Amended 5-23-2005 by Ord. No. 7-05]
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 members of the Board. The Board of Supervisors shall annually appoint a maximum of two alternate members to the Zoning Hearing Board, in accordance with the provisions of Sections 903(b) and 906(b) of the Municipalities Planning Code. Said members shall be residents of Londonderry Township. 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 § 170-161. 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.
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 may receive compensation for the performance
of their duties, as may be fixed by the Board of Supervisors.
B.
The applicant before the Board shall deposit with
the Treasurer of the Township such a sum of money as shall be deemed
sufficient by the Board to pay the cost of Zoning Hearing Board expenses
for the hearing. These costs may include, but are not limited to,
cost of providing notice, cost of the record for the Board and the
applicant, and cost of such compensation as the Zoning Hearing Board
may receive. Funds deposited in excess of the actual cost of the requested
hearing shall be returned to the applicant upon completion of the
proceedings. In the event that the costs of the hearing exceed the
funds deposited, the applicant shall pay to the Treasurer of the Township
funds equal to such excess cost.
[Amended 5-23-2005 by Ord. No. 7-05]
The Board shall conduct hearings and make decisions
in accordance with the following requirements:
A.
The Board shall fix a reasonable time and place for
public hearings and shall give notice thereof as follows:
(1)
By publishing notice once each week for two successive
weeks in a newspaper of general circulation in the Township. Said
notice shall state the time and place of the hearing and the particular
nature of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
[Amended 5-23-2005 by Ord. No. 7-05]
(2)
By mailing a notice thereof to the parties in interest.
(3)
By mailing a notice thereof to the Zoning Officer,
the Secretary, each member of the Board of Supervisors, each member
of the Planning Commission, the Secretary of the County Planning Commission,
and to every person or organization who shall have registered with
the Board for the purpose of receiving such notices.
(4)
The notice herein required shall state the location
of the lot or building and the general nature of the question involved.
(5)
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.
[Added 5-23-2005 by Ord. No. 7-05]
B.
The hearings shall be conducted by the Board or the
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
Board, but the parties may 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 municipality,
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 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 the 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. Copies of graphic or written material received
in evidence shall be made available to any party at cost.
[Amended 5-23-2005 by Ord. No. 7-05]
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 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 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 last hearing before the Board or hearing officer. Each decision
shall be accompanied by findings of fact and conclusions based thereon
together with the reasons thereafter. Conclusions based on any provisions
of this chapter or of any act, rule, or regulation shall contain a
reference to the provision relied on and the reasons why the conclusion
is deemed appropriate in the 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 Board shall make his
report and recommendations available to the parties within 45 days
and the parties shall be entitled to make written representations
thereon to the Board prior to final decision or entry of findings,
and the Board's decision shall be entered no later than 30 days after
the decision of the hearing officer. Where the Board has power to
render a decision and the Board or the hearing officer, as the case
may be, fails to render the same within the period required by this
subsection, the decision shall be deemed to have been rendered in
favor of the applicant, unless the applicant has agreed in writing
to an extension of time. Nothing in this subsection shall prejudice
the right of any party opposing the application to urge that such
decision is erroneous.
[Amended 5-23-2005 by Ord. No. 7-05]
J.
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 by certified mail not later than the day
following its date. To all other persons who have filed their name
and address with the Board no 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 at which the full decision
or findings may be examined.
[Amended 5-23-2005 by Ord. No. 7-05]
The Board shall hear and decide appeals where
it is alleged by the appellant that the Zoning Officer has failed
to follow prescribed procedures or has misinterpreted or misapplied
any provision of a valid ordinance or any valid rule or regulation
governing the action of the Zoning Officer.
[Amended 5-23-2005 by Ord. No. 7-05]
The Board shall hear challenges to the validity
of this chapter or the Zoning Map, except as indicated in Article
X-A of the Act,[1] as amended. In all such challenges, the Board shall take evidence and make a record thereon as provided in § 170-161. At the conclusion of the hearing, the Board shall decide all contested questions and shall make findings on all relevant issues of fact which shall become part of the record on appeal to the court. Challenges to the validity of a land use ordinance raising procedural questions or alleged defects in the process of enactment or adoption shall be filed within 30 days after the effective date of said ordinance.
[1]
Editor's Note: See 53 P.S. § 11001-A
et seq.
Where special exceptions are provided for in
this chapter, the Board shall hear and decide requests for such special
exceptions in accordance with stated standards and criteria. In granting
a special exception, the Board may attach such reasonable conditions
and safeguards, in addition to those expressed in the chapter, as
it may deem necessary to implement the purpose of the Act and this
chapter. All requests for special exception will first be sent by
the Board to the Planning Commission for review and recommendation
in accordance with the Comprehensive Plan. In rendering its decision
the Board shall consider the following:
A.
The suitability of the property for the use desired.
Assure itself that the purposed request is consistent with the spirit,
purpose and intent of this chapter.
B.
Determine that the proposed special exception will
not substantially injure or detract from the use of neighboring property
or from the character of the neighborhood and that the use of property
adjacent to the area included in the proposed change or plan is adequately
safeguarded.
C.
Determine that the proposed special exception will
serve the best interests of the Township, the convenience of the community
and the public welfare.
D.
Consider the effect of the proposed special exception
upon the logical efficient and economical extension of public services
and facilities, such as public water, sewers, police and fire protection,
and public schools.
E.
Impose such conditions, in addition to those required,
as are necessary to assure that the intent of this 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,
adequate standards of parking, and sanitation.
F.
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 major streets and highways from undue congestion and hazard.
G.
Ascertain the adequacy of sanitation and public safety
provisions, where applicable, and require a certificate of adequacy
of sewage and water facilities from a governmental health agency in
such case required herein or deemed advisable.
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 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, not substantially or permanently impair the appropriate
use or development of adjacent property, nor be detrimental to the
public welfare; and
(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 this chapter. The Board shall require that adequate
individual or community water and sewage disposal facilities are available
for the use intended.[1]
[1]
Editor's Note: Original Section 1909, Unified
appeals, which immediately followed this subsection, was repealed
5-23-2005 by Ord. No. 7-05.
[Amended 5-23-2005 by Ord. No. 7-05]
Appeals under § 170-162 and proceedings to challenge any ordinance under § 170-163 may be filed with the Board in writing by the landowner affected, any officer or agency of the Township or any person aggrieved. Request for a variance under § 170-165 or request for a special exception under § 170-164 may be filed with the Board by any landowner or any tenant with the permission of such landowner. An appeal shall state:
A.
The name and address of the appellant.
B.
The name and address of the owner of the real estate
to be affected by such proposed exception, or variance.
C.
A brief description and location of the real estate
to be affected by such proposed change.
D.
A statement of the present zoning classification of
the real estate in question, the improvements thereon, and the present
use thereof.
E.
A statement of the section of this chapter under which
the variance, or exception requested, may be allowed, and reasons
why it should be granted.
A.
No person shall be allowed to file any proceeding
with the Board later than 30 days after any application for development,
preliminary or final, has been approved by the Board of Supervisors
if such proceeding is designed to secure reversal or to limit the
approval in any manner unless such person alleges and proves that
he had no notice or knowledge, or reason to believe that such approval
had been given. If such person has succeeded to his interest after
such approval, he shall be bound by the knowledge of his predecessor
in interest.
B.
The failure of anyone other than the landowner to
appeal from an adverse decision on a tentative or preliminary subdivision
plan or from an adverse decision by a Zoning Officer on a challenge
to the validity of an ordinance or map pursuant to Article X-A of
the Act[1] shall preclude an appeal from a final approval except
in the case where the final submission substantially deviates from
the approved tentative or preliminary approval.
[Amended 5-23-2005 by Ord. No. 7-05]
[1]
Editor's Note: See 53 P.S. § 11001-A
et seq.
C.
Any grant of approval of a special exception or variance
shall be deemed null and void 12 months from the date of such approval
if, within that period, no application is made for a zoning permit,
a certificate of use and occupancy, or subdivision or land development
approval as appropriate, unless the Zoning Hearing Board shall grant
an extension that has been requested in writing by the applicant.
A maximum of two such extensions, neither of which shall be for a
period exceeding six months, may be granted.
[Added 10-9-2007 by Ord. No. 5-2007]
Upon filing of any proceeding referred to in § 170-166 and during its pendency before the Board, all land development pursuant to any challenged ordinance, order or approval of the Zoning Officer or 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 Board facts indicating that such stay would cause imminent peril to life or property, in which case, the development or official action shall not be stayed otherwise than by a restraining order, which may be granted by the 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 are filed with the 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 Board. 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.
[Amended 5-23-2005 by Ord. No. 7-05]
Any person, taxpayer, or municipality aggrieved
by any decision of the Board may within 30 days after such decision
of the Board seek review by the Court of Common Pleas of such decision
in the manner provided by the laws of the Commonwealth of Pennsylvania
and Article X-A of the Act,[1] as amended.
[1]
Editor's Note: See 53 P.S. § 11001-A
et seq.
