Township of North Codorus, PA Zoning Hearing Board

The Board shall promptly notify the Board of Supervisors of any vacancies. The Board of Supervisors shall appoint a resident of the Township to fill the unexpired portion of the term left vacant.

(4)

Members of the Board shall hold no other offices in the Township.

Appointment of alternate board members.

(1)

In addition to the permanent members of the Board, the Board of Supervisors may appoint by resolution two residents of the Township to serve as alternate members of the Board.

(2)

The term of office for alternate members shall be three years.

(3)

Alternates shall hold no other office in the municipality, including membership on the Planning Commission or as Zoning Officer.

Removal of members. The majority of the Board of Supervisors given the following procedures may remove any Board member for malfeasance, misfeasance, or nonfeasance in office or for other just cause:

(1)

The Board member shall receive 15 days' advance notice prior to the meeting of the intent to take such a vote.

(2)

A hearing shall be held in connection with the vote if the Board member shall make written request for the hearing.

§ 195-57 Organization.

The Board shall elect a Chairperson, Vice Chairperson and Secretary from its membership, who shall serve annual terms and may succeed themselves.

The Board may make, alter and rescind rules and forms for its procedure in keeping with the provisions of this chapter and other ordinances of the Township and the procedures set forth in Article IX of the Pennsylvania Municipalities Planning Code (Act of 1968, P.L. 805, No. 247, as reenacted and amended).[1]

[1]

Editor's Note: See 53 P.S. § 10901 et seq.

§ 195-58 Expenditure for solicitor.

The Board may contract for and fix the compensation of legal counsel; however, under no circumstances shall the amount of compensation exceed the amount appropriated by the Board of Supervisors.

The Zoning Hearing Board Solicitor shall be an attorney other than the Township Solicitor, and shall not be employed within the same law firm.

§ 195-59 Powers, duties and procedures.

The powers, duties and procedures of the Zoning Hearing Board are set forth below in accordance with Article IX of the Pennsylvania Municipalities Planning Code. The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudications for the following matters:

Appeals and challenges.

(1)

Appeals from the determination of the Zoning Officer, including but not limited to one of the following:

(a)

Granting or denial of any permit or failure to act on a permit application.

(b)

Issuance of any cease-and-desist order.

(c)

Registration or refusal to register any nonconforming use, structure or lot.

(d)

Determination of performance density provisions of this chapter.

(e)

Determination of the preliminary opinion under § 195-62B(7) of this chapter.

(2)

Appeals from the determination of the Zoning Officer or Municipal Engineer with reference to the administration of the Floodplain Management Ordinance.[1] or such provisions within any land use ordinance.

[1]

Editor's Note: See Ch. 102, Floodplain Management.

(3)

Appeals from the determination of the Zoning Officer or Township Engineer in the administration of any land use ordinance or provision thereof with reference to sedimentation and erosion control and stormwater management, except such provisions that appear in the SALDO and which must be appealed to the Board of Supervisors, in accordance with the SALDO and Article X-A of the Municipalities Planning Code.

(4)

Substantive challenges to the validity of any ordinance regulating land use, including but not limited to this chapter, the Township SALDO, the Township Flood Prevention Ordinance and the Township Stormwater Ordinance.[2] but excluding landowner curative amendments which shall be heard by the Board of Supervisors, § 195-68.

[2]

Editor's Note: See Ch. 165, Subdivision and Land Development; Ch. 102, Floodplain Management; and Ch. 158, Stormwater Management, respectively.

(5)

Such other duties as are authorized under the Pennsylvania Municipalities Planning Code.

Procedures for appeals and challenges.

(1)

Appeals and challenges by the affected landowner, officer or agency of the Township, or any aggrieved person, may be filed with the Board by submitting the request in writing to the Zoning Officer.

(2)

The appeal shall be submitted within 30 days of the determination.

(3)

Upon filing any proceeding referred to in Subsection A above and during its pendency before the Board, all land development pursuant to any challenged ordinance, order or approval of the Zoning Officer or other Township agency, and all official action, shall be stayed in accordance with Section 915.1, Stay of proceedings, of the Municipalities Planning Code.

(4)

In addition to the above procedures, challenges to the validity of a land use ordinance shall follow the procedures described in § 195-68 of this chapter.

Applications for variances from the terms of this chapter and the Floodplain Management Ordinance. (As of the enactment date of this chapter, such provisions were in Chapter 102 of the Township's Code of Ordinances.)

(1)

The Board shall hear request for variances where it is alleged that the provisions of this chapter or the Floodplain Management Ordinance inflict unnecessary hardships upon the applicant.

(2)

A variance application form and preliminary application shall be submitted to the Zoning Officer by the landowner or their authorized agent.

(3)

The Board may grant a variance, provided that all of the following findings are made where relevant in a given case:

(a)

There are unique physical circumstances or conditions, including:

[1]

Irregularity, narrowness, or shallowness of lot size or shape; or

[2]

Exceptional topographical or other physical conditions peculiar to the particular property; and that

[3]

Unnecessary hardship is due to the above conditions and not the circumstance or conditions generally created by the provisions of the zoning ordinance in the neighborhood or district in which the property is located.

(b)

The physical circumstances or conditions described in Subsection C(3)(a) above yield no possibility that 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)

The unnecessary hardship has not been created by the appellant.

(d)

The variance, if authorized, will not cause any of the following to occur:

[1]

Alter the essential character of the neighborhood or district in which the property is located;

[2]

Impair substantially or permanently the appropriate use or development of adjacent property;

[3]

Be detrimental to the public welfare.

(e)

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.

(4)

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.

(5)

The Board's decision to grant approval for a variance shall be made only after public notice and hearing. Such approval shall apply specifically to the appeal and plans submitted and presented at said public hearing. Any subsequent proposed changes to the terms of the variance shall be subject to additional review, a hearing and a revised approval by the Zoning Hearing Board.

Applications for special exceptions under this chapter.

(1)

Any landowner or authorized agent may apply to the Board for a special exception as provided in this chapter.

(2)

The special exception shall be granted or denied pursuant to expressed standards and criteria set forth in Article IV and the following general provisions:

(a)

The proposed use is compatible with the surrounding area, including in regards to environmental impacts, noise, health and safety hazards, control of late night hours of operation, illumination and glare. This matter shall take into any proposed conditions or improvements proposed by the applicant to minimize negative impacts, such as the extent of buffering between a proposed business use and nearby dwellings.

(b)

The proposed use is suitable for the site with respect to existing or future streets and will not create traffic safety hazards or traffic congestion or cause excessive amounts of truck traffic to travel on residential streets.

(c)

The proposed use will be provided with adequate water supply, sewage disposal, trash and garbage collection and disposal.

(d)

The proposed use shall be in conformance with all applicable requirements of this chapter and with the Township SALDO.[3]

[3]

Editor's Note: See Ch. 165, Subdivision and Land Development.

(e)

The Zoning Hearing Board may attach whatever reasonable conditions and safeguards, in addition to those expressed in this chapter, it deems necessary to insure that any proposed development will secure substantially the purposes of this chapter.

(3)

The following procedures shall be followed by the Board:

(a)

The Township Planning Commission may have up to 30 days from the date of the Township's receipt of the complete application to review the special exception and submit any written advisory comments to the Zoning Hearing Board. The Planning Commission is under no obligation to provide comments, and no action of the Zoning Hearing Board shall be required to be delayed to await Planning Commission comments. The Planning Commission may have representation at the public hearing held by the Zoning Hearing Board.

(b)

The Board's decision to grant approval for a special exception shall be made only after public notice and hearing. Such approval shall apply specifically to the application and plans submitted and presented at said public hearing. Any subsequent changes to the plans that directly affect the matters addressed in the special exception approval shall be subject to additional review, a public hearing and a revised approval by the Zoning Hearing Board.

(4)

Accommodations for persons with disabilities.

(a)

Upon application, the Zoning Hearing Board shall grant a special exception allowing modifications to specific requirements of this chapter that the applicant proves, to the satisfaction of the Zoning Hearing Board, are required under applicable federal law to provide a reasonable accommodation to serve persons who the applicant proves have disabilities as defined in and protected by such laws.

(b)

Such reasonable accommodations shall be requested in accordance with the United States Fair Housing Act (See 42 U.S.C. § 3601 et seq.) amendments and/or the Americans with Disabilities Act (See 42 U.S.C. § 12101 et seq.), as amended.

(c)

If the applicant is requesting a reasonable accommodation under the United States Fair Housing Act amendments of 1988 or the Americans with Disabilities Act, the applicant shall identify the disability which is protected by such statutes, the extent of the modification of the provisions of this chapter necessary for a reasonable accommodation, and the manner by which the reasonable accommodation requested may be removed when such person(s) with a protected disability will no longer be present on the property.

(d)

Any modification approved under this subsection may be limited to the time period during which the persons with disabilities occupy or utilize the premises.

Records.

(1)

The Board shall keep full public records of its business and such records shall be the property of the Township.

(2)

The Board shall submit an annual report of its activities to the Board of Supervisors or as requested by the Board of Supervisors. The Board shall submit to the Board of Supervisors a copy of each of its decisions upon rendering the decision.

§ 195-60 Hearings.

The Zoning Hearing Board shall conduct hearings and make decisions to accomplish the powers and duties stated in § 195-59 above.

The Board shall adhere to the following procedures as set forth in Article IX of the Pennsylvania Municipalities Planning Code:

(1)

Hearing notices.

(a)

At the time of filling an appeal or application with the Zoning Hearing Board, the Township shall schedule the public hearing.

(b)

Public notice shall be published in accordance with the definition of "public notice" set forth in the Municipalities Planning Code.

(c)

Written notice shall be provided to the applicant, the Zoning Officer, to last known addresses of owners of adjoining properties and properties within 500 feet of the affected property, and to any person who has made timely written request to the Zoning Officer for said notice.

(d)

In addition, where a public meeting or hearing involves a proposed zoning amendment that includes a Zoning Map change, additional notice may be required under the Pennsylvania Municipalities Planning Code.

(e)

Written notice shall be conspicuously posted on the affected tract of land at least one week prior to the hearing. Such notice shall be posted by the applicant, unless the Township staff agrees in advance to post it. The Township may require that the applicant provide a signed statement or a photograph to show that the land was posted.

(2)

Time limitations.

(a)

The hearing shall be held within 60 days from the date of the applicant's request, unless the applicant has agreed in writing or on the record to an extension of time. Hearings shall be conducted pursuant to the requirements of Section 908 of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10908, which are in effect at the time of the public hearing, including the length, timing, and order of such hearings.

(b)

A written decision or written findings, when no decision is called for, shall be rendered on the application within 45 days after the last hearing unless the applicant has agreed in writing or on the record to an extension of time.

(c)

When the Board fails to render the decision within the period required by Subsection B(2)(b) above or fails to hold the hearing in the period required by Subsection B(2)(a) above, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time. The Board shall give public notice of said deemed decision within 10 days from the last day it could have met to render a decision. If the 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.

(d)

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 no later than the day following the date of the written decision. 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 at which the full decision or findings may be examined.

(e)

Unless otherwise specified by the Board, a special exception or variance shall expire if the applicant fails to obtain a zoning permit within one year from the date of authorization thereof. a special exception or variance is granted where there is no need for new construction, the applicant for the special exception or variance shall within one year commence the use of the property in accordance with the terms and conditions of the grant of the special exception or variance. Failure to do so will result in revocation of the special exception or variance.

(3)

Meeting quorum.

(a)

For the conduct of any hearing and the taking of any action, the Board shall have a quorum, representing two members of the Board.

(b)

When authorized under the Pennsylvania Municipalities Planning Code, the Chairperson of the Board may designate alternate members of the Board to sit on the Board. The alternate member(s) shall continue to serve on the Board in all proceedings involving the matter or case, including the right to cast a vote as a voting member during the proceedings, until the Board has made a final determination. 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.

(4)

Conduct of the hearing.

(a)

The parties to the hearing shall be the Township, 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 before 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.

(b)

The Chairperson of the Board or the Acting Chairperson shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and production of relevant documents and papers, including witnesses and documents requested by the parties.

(c)

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.

(d)

Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded.

(e)

The Board shall keep a stenographic record of the proceedings. The appearance fee for a stenographer shall be shared equally by the applicant and the Board. A transcript of the proceedings shall be prepared only upon request with the cost being paid by the individual or party making the request. Any person appealing the decision of the Board shall pay the cost of the original transcript.

(f)

The Board shall not communicate, directly or indirectly, with any party or 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 materials, except advice from their solicitor, unless the parties are afforded an opportunity to contest the material so noticed and shall not inspect the site or its surroundings after the commencement of hearings with any party or representative unless all parties are given an opportunity to be present.

(g)

Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions and a listing of the reasons for the contesting or denial with a reference to applicable provisions of the Code or ordinance.

(5)

Appeals to court.

(a)

Any person aggrieved by any decision of the Zoning Hearing Board may appeal to the Court of Common Pleas of York County, Pennsylvania, in accordance with law and applicable rules.

(b)

Appeals shall be made in accordance with Article X-A of the Pennsylvania Municipalities Planning Code.

§ 195-61 Fees.

The Board of Supervisors shall establish a fee schedule and a process for reimbursement for other authorized costs by ordinance or resolution regarding applications, permits and other actions under this chapter. If an application requires more than one hearing, the Township may also charge an applicant an additional fee to cover the advertising costs for each additional hearing. The initial required fee(s) shall be collected at the time of making the appeal or application, and the application shall not be considered complete until such fee is paid in full. The applicant or appellant shall then be billed for applicable additional Township expenses in excess of the initial fee.

Authorized costs may include the following, unless otherwise provided under state law:

(1)

Shared appearance fee for a stenographer.

(2)

Compensation for member of the Zoning Hearing Board and alternates, when serving on a matter or case.

(3)

Notice and advertising costs.

(4)

Reasonable administrative overhead connected with the hearing.

Costs shall not include:

(1)

Legal expenses of the Board.

(2)

Expenses for engineers, architects, and technical consultants.

(3)

Expenses for expert witnesses.

No zoning permit shall be granted until reimbursable expenses are paid in full.

In the case of an appeal to the Board involving a determination of the Zoning Officer under § 195-59A(1) of this chapter, should the Zoning Hearing Board find that the appellant was successful in his/her appeal because of an error by the Zoning Officer, then the entire sum of the fee shall be returned.