A Zoning Hearing Board is established in order that the objectives of this chapter may be fully and equitably achieved and that a means for interpretation of this chapter be provided.
A. 
The Zoning Hearing Board shall consist of five members appointed by resolution by the Board of Supervisors for overlapping five-year terms. Members of the Board shall hold no other elected or appointed office in the Township and shall not be an employee of the Township, except to receive their Zoning Hearing Board compensation. The Board of Supervisors may appoint at least one but not more than three residents of the Township to serve as alternate members of the Board. An alternate shall be entitled to participate in all proceedings and discussions of the Board to the same and full extent as provided by law for Board members, including specifically the right to cast a vote as a voting member during the proceedings, and shall have all the powers and duties set forth in this chapter and as otherwise provided by law. Alternates shall hold no other office in the Township, including membership on the Planning Commission and Zoning Officer. Any alternate may participate in any proceeding or discussion of the Board but shall not be entitled to vote as a member of the Board nor be compensated unless designated as a voting alternate member.
B. 
If, by reason of absence or disqualification of a member, a quorum is not reached, the Chairperson of the Board shall designate as many alternate members of the Board to sit on the Board as are needed to result in a full Board. 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 shall be made on a case-by-case basis in rotation according to declining seniority among all alternates.
Any Board member 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 public hearing shall be held in connection with the vote if the member shall request it in writing.
A. 
Officers. The Board shall elect a Chairperson from its membership, shall appoint a secretary, and shall prescribe rules in accordance with the provisions of the Municipalities Planning Code[1] and this chapter for the conduct of its affairs. 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.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B. 
Meetings. Meetings shall be open to the public and shall be at the call of the Chairperson and at such other times as the Board shall specify. For the conduct of any hearing and the taking of any action, the quorum shall be not less than a majority of all members of the Board, but where two members are disqualified, the remaining members may act for the Board. 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.
C. 
Records and decisions. The Board shall keep minutes of its proceedings, showing the vote of each member on 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 immediately filed with the Township Secretary and shall be a public record.
D. 
Compensation. The Board of Supervisors may fix per-meeting compensation for the members of the Board, according to a schedule adopted by resolution of the Supervisors upon the enactment of this chapter or as such schedule may be amended from time to time.
Any person aggrieved by a decision of the Zoning Officer shall have the right to appeal to the Zoning Hearing Board within 30 days of such decision by filing with the Zoning Officer, specifying the grounds thereof. Such appeal may involve the interpretation of any provisions of this chapter, and shall include the following information.
A. 
The name and address of the applicant or appellant.
B. 
The name and address of the owner of the lot to be affected by such proposed change or appeal.
C. 
A brief description and location of the lot to be affected by such proposed change or appeal.
D. 
A statement of the present zoning classification of the lot in question, the improvements thereon and the present use thereof.
E. 
A statement of the section of this chapter under which the appeal is made and reasons why it should be granted or a statement of the section of this chapter governing the situation in which the alleged erroneous ruling is being appealed and the reasons for this appeal.
F. 
A reasonably accurate description of the present improvements and the addition or changes intended to be made under this application, indicating the size, material and general construction thereof. In addition, there shall be attached a plot plan of the real property to be affected, indicating the location and size of the lot and size of improvements existing thereon and proposed to be erected thereon.
A. 
The Board shall hear requests for variances where it is alleged that the provisions of this chapter inflict unnecessary hardship on the applicant. An application shall be made to the Zoning Officer, which shall include completion of all information listed on such application. The Zoning Hearing Board shall have the power to grant specific variances to requirements of this chapter, 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 of 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 the authorization of a variance is therefore necessary to enable the reasonable use of the property;
(3) 
That such unnecessary hardship had 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 of development of adjacent property nor be detrimental to the public welfare; and
(5) 
That the variance, if authorized, will represent the minimum variance which will afford relief and 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.
A. 
Where this chapter has provided for stated special exceptions to be granted or denied by the Board pursuant to express standards and criteria, the Board shall hear and decide requests for such special exceptions in accordance with such standards and criteria.
(1) 
Requirements of the State Municipalities Planning Code[1] shall be met for public notice. See § 200-85A. A permit for special exception use shall apply specifically to the application and plans submitted and presented at said public hearing. Any subsequent substantive changes to the application on matters addressed by the Zoning Hearing Board shall require a new special exception approval.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B. 
The Zoning Hearing Board shall only approve a special exception use if it finds that the applicant has presented adequate evidence that the following standards have been met:
(1) 
Compliance with this chapter. The applicant shall establish by credible evidence that the application complies with all the applicable requirements of this chapter. The applicant shall provide the Board with sufficient plans, studies or other data to demonstrate this compliance.
(2) 
Compliance with other laws. The approval may be conditioned upon proof of compliance with other specific applicable Township, state and federal laws, regulations and permits. Required permits or other proof of compliance may be required to be presented to the Township prior to the issuance of any zoning permit, building permit, certification of occupancy and/or recording of an approved plan.
(3) 
Traffic. The applicant shall establish that the traffic from the proposed use will be accommodated in a safe and efficient manner that will minimize hazards and congestion, after considering any improvements proposed to be made by the applicant as a condition on approval.
(4) 
Site planning. The application shall include proper site layout, internal circulation, parking, buffering, and all other elements of proper design as specified in this chapter.
(5) 
Neighborhood. The proposed use shall not substantially harm any surrounding residential neighborhood, after considering any proposed conditions upon approval.
(6) 
Safety. The proposed use shall not create a significant hazard to the public health and safety, such as fire, toxic or explosive hazards.
(7) 
Natural features. The proposed use shall be suitable for the site, considering the impacts upon steep slopes, mature woodland, wetlands, floodplains, springs and other important natural features. Within the FP District, the proposed use shall be designed to minimize conflicts with agricultural activities on adjacent tracts.
C. 
Conditions. In granting a special exception, the Board may require such reasonable conditions and safeguards (in addition to those expressed in this chapter) as it determines are necessary to implement the purposes of this chapter. Conditions imposed by the Board shall automatically become conditions of permits issued pursuant thereto, and any failure to comply with said conditions shall be a violation of this chapter.
D. 
Submittal. A site plan shall be submitted, which shall contain an accurate plan of proposed building, parking, buffer, loading and other improvements. Detailed site engineering (such as stormwater calculations and profiles) are not required at the special exception use stage.
E. 
Persons with disabilities. After the Zoning Officer receives a complete written 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.
(1) 
Such reasonable accommodations shall be requested in accordance with the United States Fair Housing Act Amendments[2] and/or the Americans with Disabilities Act, as amended.[3]
[2]
Editor's Note: See 42 U.S.C. § 3601 et seq.
[3]
Editor's Note: See 42 U.S.C. § 12101 et seq.
(2) 
If the applicant is requesting a reasonable accommodation under the United States Fair Housing Amendments Act 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 no longer will be present on the property.
(3) 
Any modification approved under this section may be limited to the time period during which the persons with disabilities occupy or utilize the premises.
F. 
Uses not specifically regulated. If a use clearly is not permitted by right, as a conditional use, or as a special exception use by this chapter within any Zoning District, the use is prohibited, except that the Board of Supervisors may permit such use as a conditional use if the applicant specifically proves to the clear satisfaction of the Board of Supervisors that all of the following conditions would be met:
(1) 
The proposed use would be no more intensive with respect to external impacts and nuisances than uses that are permitted in the District;
(2) 
The proposed use would be closely similar in impacts and character to uses permitted in that district, considering the standards in § 200-66.1, Change in use; different nonconforming use.
[Amended 1-21-2016 by Ord. No. 338]
(3) 
The use would meet the standards that would apply under Article IX, Conditional Uses, to a conditional use; and
[Amended 1-21-2016 by Ord. No. 338]
(4) 
The use is not specifically prohibited in that district.
A. 
Curative amendments and substantive challenges of provisions of this chapter shall be addressed as provided in the State Municipalities Planning Code.[1] Challenges that raise procedural questions or alleged defects in the process of enactment of adoption of this chapter or an amendment to this chapter shall be raised by an appeal taken within 30 days after the effective date of said chapter or amendment.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B. 
In all such challenges, the Board shall take evidence and make a record thereon. At the conclusion of the hearing, the Board shall decide all contested questions and make findings on all relevant issues of fact, which shall become part of the record on any subsequent appeal to court.
A. 
In exercising the above-mentioned powers, the Board may reverse or affirm, wholly or partly, or may modify the order, requirements, decision or determination, including any order requiring an alleged violator to stop, cease and desist, appealed from and may make such order, requirement, decision or determination, including a stop order or orders to cease and desist, as ought to be made.
B. 
Notice of such decision shall forthwith be given to all parties in interest.
The Zoning Hearing Board shall adopt rules in accordance with the provisions of this chapter. Such rules shall include, but shall not be limited to, the manner of filing appeals, the manner of filing applications for special exceptions and variances from the terms of this chapter, and the manner of giving notice of public hearing where required under the terms of this chapter.
Meetings of the Zoning Hearing Board shall be held at the call of the Chairperson and at other times as the Zoning Hearing Board may determine. The Chairperson, or, in his absence, the Vice Chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be kept open to the public.
A. 
The Board shall keep a stenographic record of the proceedings, and a transcript of the proceedings and copies of graphic or written material received in evidence shall be made available to any party at cost.
B. 
The Board 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. Each decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons therefor.
Upon the filing with the Zoning Hearing Board of an appeal or an application for which a public hearing is required, the following procedures shall be followed.
A. 
Public notice shall be given as required by the State Municipalities Planning Code.[1] Written notice of the hearing shall be mailed or delivered to the applicant, the Zoning Officer, and to any other person who has made timely request for notice. Written notice of said hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing. The Township shall also endeavor to mail or deliver advance notice to the last known owners of immediately adjoining lots. However, failure to provide such notice shall not be grounds for an appeal of a decision by the Zoning Hearing Board.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B. 
The hearing shall be held within the time limits established by the State Municipalities Planning Code,[2] unless the applicant has agreed in writing to an extension of time.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
C. 
The Board shall render a written decision or written findings on the application within the time limits established by the State Municipalities Planning Code,[3] unless the applicant has agreed in writing to an extension of time.
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
D. 
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. Conclusions based on any provisions of the Pennsylvania Municipalities Planning Code,[4] this chapter, or other rule or regulation shall contain a reference to the provisions relied on and the reasons why the conclusions are deemed appropriate in the light of the facts found. When a decision has been rendered in favor of the applicant, the Board shall give public notice of said 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 appellant may do so. Nothing in this section shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.
[4]
Editor's Note: See 53 P.S. § 10101 et seq.
E. 
A copy of the final decision, or, where no decision is called for, the findings shall be delivered to the applicant personally or mailed to him not later than the day following the date of the 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.
The Board of Supervisors shall from time to time make rules and regulations in order to facilitate the administration of matters before the Zoning Hearing Board. See also § 200-70 regarding fees.
Any person aggrieved by any decision of the Zoning Hearing Board may, within 30 days after such decision of the Board, file an appeal to the Court of Common Pleas of Northampton County. Such appeals shall be made in accordance with Article X-A of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 11001-A et seq.
Upon filing of any proceedings and during its pendency before the Board, all land development pursuant to any challenged ordinance, order or approval of the Zoning Officer or any agency or body, and all official action thereunder, shall be stayed in accordance with Section 915.1 of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10915.1.
See § 200-70.