A.
The Zoning Hearing Board. The Zoning Hearing Board
presently in existence shall continue and be constituted as the Zoning
Hearing Board under this chapter.
B.
Membership and organization. The membership and organization
of the Zoning Hearing Board shall be as provided in the PA MPC.
C.
Rules and regulations. The Zoning Hearing Board may
make, alter and rescind rules, regulations, and forms for its procedures
such as are consistent with the ordinances of the Township and laws
of the commonwealth. Copies of rules, regulations and forms adopted
by the Zoning Hearing Board shall be prepared and shall be made available
for inspection by any interested person in the Township offices.
A.
Appeals from the Zoning Officer. The Zoning Hearing
Board shall hear and decide appeals where it is alleged by the appellant
that the Zoning Officer has made a determination which has failed
to follow the provisions of this chapter or which has misinterpreted
or misapplied any provision of this chapter or the Zoning District
Map or any valid rules or regulations governing the action of the
Zoning Officer. These appeals must be filed within 30 days of the
date the decision is rendered by the Zoning Officer, and all appeals
shall be on forms prescribed by the Zoning Hearing Board, accompanied
by the specific provisions of this chapter or any other ordinance
and the PA MPC which are involved and relied upon.
B.
Challenge to the validity of the ordinance or map.
In the case of a challenge to the validity of this chapter or the
Zoning District Map, the proceedings of the Zoning Hearing Board shall
be in accordance with the PA MPC, and any other relevant statutes.
C.
Variances. The Zoning Hearing Board shall hear requests
for variances in accordance with the PA MPC, and any other relevant
statutes.
D.
Special exceptions. Where this chapter has provided
for stated special exceptions to be granted or denied by the Zoning
Hearing Board, the Zoning Hearing Board shall hear and decide such
request in accordance with the provisions of the PA MPC, and any other
relevant statutes, with the exception that the burden of proof shall
be on the appellant.
A.
Notice of hearing. Notice of all hearings shall be
given in accordance with the provisions of the PA MPC.
B.
Parties. The parties to the hearings shall comply
with the provisions of the PA MPC.
C.
Initiating action before the Zoning Hearing Board.
(1)
All actions before the Zoning Hearing Board shall
be initiated by a written application for hearing, which shall be
filed with the Zoning Officer.
(2)
All applications shall be made on forms specified
by the Zoning Hearing Board, and no application form shall be accepted
unless the same shall be fully completed unless all exhibits and supplemental
material required by the application are attached, and until all fees
established by the Township have been paid. Each application or appeal
shall refer to the specific provisions of this chapter or any other
ordinance and the PA MPC which are involved and relied upon as authority
for the relief sought.
D.
Time limitations for variances and special exceptions.
(1)
Purpose. In passing on applications for special exceptions
and variances, the Zoning Hearing Board is required to apply standards
of review. The application of these standards to conditions existing
at the time of the hearing may result in a conclusion that would not
be appropriate if the passage of time resulted in new or differing
conditions in the neighborhood of the particular property. Therefore,
if a special exception or variance has not been acted upon within
six months after its grant, such action shall lapse or become void
after a reasonable period, and if the property owner desires to use
such special exception or variance, he should reapply for such relief,
and the current conditions should be used as criteria.
(2)
Time limit. All special exceptions and/or variances
granted by the Zoning Hearing Board shall be valid for a period of
six months only after the date of such order; any special exceptions
or variances which have not been acted upon by the issuance of building
permits, and the commencement of substantial construction or of substantial
use, shall lapse and become void and of no effect. Matters that require
subdivision or land development approval shall carry a life of one
year.
(3)
Procedures when special exception or variance has
lapsed. The owner or holder of such special exception and/or variance
that has lapsed must reapply to the Township and the Zoning Hearing
Board in the same manner as new applicants for such relief.
A.
In any instance where the Zoning Hearing Board is
required to consider a special exception to this chapter or the Zoning
District Map in accordance with the provisions of this chapter, the
appellant shall bear the burden of proof to establish that:
(1)
The proposed development or change is consistent with
the spirit, purpose and intent of this chapter.
(2)
The proposed change will not substantially injure,
be detrimental to, or detract from the use of the neighborhood property
or from the character of the neighborhood, and that the use of the
property adjacent to the area included in the proposed change or plan
is adequately safeguarded.
(3)
The proposed change will serve the best interests
of the Township, the convenience of the community and the public welfare
and will not be contrary to the public interest.
(4)
The effect of the proposed change upon the logical
and efficient extension of public services, and facilities such as
public water, sewers, police and fire protection and public schools
is in no way detrimental to the health, safety and welfare of the
public.
(5)
The development of state and county highway frontage
is considered 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 highway.
(6)
The proposed location of an industrial or commercial
use with respect to probable effects upon highway and pedestrian traffic
will not create congestion and hazardous conditions.
(7)
The adequacy of sanitation and public safety provisions
are appropriate.
(8)
All commercial or industrial parking, loading, access
or service areas are adequately illuminated at night while in use,
and that such lighting, including sign lighting, shall be arranged
so as to protect the highway and neighboring properties from direct
glare or hazardous interference of any kind.
B.
The Zoning Hearing Board shall:
(1)
Impose such conditions, in addition to those required,
as are necessary to assure that the general purpose and 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, and the minimizing of noxious, offensive
or hazardous elements.
(2)
Assure that the special exception, if granted, will
be in accordance with the Township Comprehensive Plan and the provisions
of the PA MPC.
The Zoning Hearing Board shall hear a request
for a variance where it is alleged that the provisions of this chapter
inflict unnecessary hardship upon the applicant. The Zoning Hearing
Board may grant a variance, provided that the appellant shall establish
by credible evidence:
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 necessary 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.
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 the variance is therefore necessary to enable the reasonable use
of the property.
C.
The applicant has not created that such unnecessary
hardship.
D.
That the variance, if authorized, will not alter the
essential character of the neighborhood or district in which the property
is located, or substantially or permanently impair the appropriate
use or development of adjacent property, and will not be detrimental
to the public welfare.
E.
That the variance, if authorized, will represent the
minimum variance that will afford relief and will represent the least
modification possible of the regulation at issue.
F.
That the variance, if authorized, would not be contrary
to the Township Comprehensive Plan.
G.
That the variance, if authorized, would not cause
undue congestion of pedestrian or vehicular traffic.
H.
That the variance, if authorized, would not endanger
the safety of persons or property by improper location or design of
facilities for ingress or egress.
I.
That the variance, if authorized, would not increase
the danger of fire or otherwise endanger the public safety.
J.
That the variance, if authorized, would not overcrowd
the land or create an undue concentration of population, impair an
adequate supply of light and air to the adjacent property, adversely
affect transportation or unduly burden water, sewer, school, park
or community.
A.
Meetings of the Zoning Hearing Board shall be held
as scheduled by the Chairperson of the Zoning Hearing Board and at
such other times as the Zoning Hearing Board may determine. The Chairperson
or, in his or her absence, the Acting Chairperson, may administer
oaths and compel the attendance of witnesses. All meetings of the
Zoning Hearing Board shall be open to the public.
B.
The Zoning Hearing Board shall keep minutes of its
proceedings, showing the vote of each member upon each question, or,
if absent or failing to vote, indicating such fact, and shall keep
records of its examinations and other official actions, all of which
shall be promptly filed in the Township administrative office and
shall be a public record.
In considering any matter within its jurisdiction,
the Zoning Hearing Board may consult with the Planning Commission,
the County Planning Commission or any other specialist or group of
specialists having expert knowledge of the matter under consideration,
but need not be bound thereby. Where the Zoning Hearing Board is considering
an application for a special exception, the Secretary of the Zoning
Hearing Board shall, at least 10 days before the date of the hearing,
transmit to the Planning Commission a copy of the notice of hearing
and other information as may have been furnished by the applicant.
