A.
A Zoning Hearing Board is hereby established which
shall consist of three members, residing within Butler Township, to
be appointed by resolution of the Township Board of Commissioners.
One member shall be appointed for one year, one member for two years
and one member for three years, and each subsequent term shall be
for three years. Members of the Zoning Hearing Board shall hold no
other elected or appointed office in the Township, nor shall any member
be an employee of the Township. Vacancies shall be filled by resolution
of the Township Board of Commissioners for the unexpired term of the
member affected.
B.
Any Zoning Hearing Board member may be removed for
malfeasance, misfeasance or nonfeasance in office or for other just
cause by a majority vote of the Township Board of Commissioners, 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.
The Township Board of Commissioners may appoint, by resolution, at least one but no more than three residents of the Township to serve as alternate members of the Zoning Hearing Board. The term of office of an alternate member shall be three years. When seated pursuant to the provisions of § 300-35, an alternate shall be entitled to participate in all proceedings and discussions of the Zoning Hearing Board to the same and full extent as provided by law for Zoning Hearing 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 elected or appointed office in the municipality, including service as a member of the Planning Commission or as a Zoning Officer, nor shall any alternate be an employee of the Township. Any alternate may participate in any proceedings or discussion of the Zoning Hearing Board, but shall not be entitled to vote as a member of the Zoning Hearing Board unless designated as a voting alternate member pursuant to § 300-35 of this chapter.
The Chairman of the Zoning Hearing Board may
designate alternate members of the Zoning Hearing Board to replace
any absent or disqualified member and if, by reason of absence or
disqualification of a member, a quorum is not reached, the Chairman
of the Zoning Hearing Board shall designate as many alternate members
of the Zoning Hearing Board to sit on the Zoning Hearing Board as
may be needed to provide a quorum. Any alternate member of the Zoning
Hearing Board shall continue to serve on the Zoning Hearing Board
in all proceedings involving the matter or case for which the alternate
was initially appointed until the Zoning Hearing Board has made a
final determination of the matter or case. 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.
A.
The Zoning Hearing 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 the members of the Zoning Hearing Board, but the Zoning Hearing 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 Zoning Hearing Board as provided in Subsection B below. The Zoning Hearing Board shall adopt rules necessary to the conduct of its affairs and in keeping with the provisions of this chapter. Meetings shall be scheduled as needed and may also be called by the Chairman. The Zoning Hearing Board shall keep full public records of its business and shall submit a report of its activities to the Township Board of Commissioners once a year.
B.
Hearings. The Zoning Hearing Board shall conduct hearings
and make decisions in accordance with the following requirements:
(1)
Notice.
(a)
Public notice. Public notice as defined by this
chapter shall be given in accordance with the requirements defined.
(b)
Written notice. Written notice shall be given
to the applicant, the Township Planning Commission, the Zoning Officer
or his authorized representative or to any person who has made timely
request for the same. Written notices shall be sent by regular mail
to all property owners of record within 200 feet of the exterior boundaries
of the property which is the subject of the application or appeal.
(c)
Posting. In addition to the written notice provided
herein, written notice of said hearings shall be conspicuously posted
on the affected tract of land at least one week prior to the hearing.
(2)
The Township Board of Commissioners may prescribe
reasonable fees with respect to hearings before the Zoning Hearing
Board.[1] Fees for said hearings may include compensation for the
Secretary and members of the Zoning Hearing Board, notice and advertising
costs and necessary administrative overhead connected with the hearing.
The costs, however, shall not include legal expenses of the Zoning
Hearing Board, expenses for engineering, architectural or other technical
consultants or expert witness costs.
[1]
Editor's Notes: The schedule of fees is available
for public inspection in the office of the Township Manager.
(3)
The first hearing shall be commenced within 60 days
from the date of the applicant's request, unless the applicant has
agreed in writing to an extension of time.
(4)
Each subsequent hearing before the Zoning Hearing
Board or hearing officer shall be held within 45 days of the prior
hearing, unless otherwise agreed to by the applicant in writing or
on the record. An applicant shall complete the presentation of his
case-in-chief within 100 days of the first hearing. Upon the request
of the applicant, the Zoning Hearing Board or hearing officer shall
assure that the applicant receives at least seven hours of hearings
within the 100 days, including the first hearing. Persons opposed
to the application shall complete the presentation of their opposition
to the application within 100 days of the first hearing held after
the completion of the applicant's case-in-chief. And the applicant
may, upon request, be granted additional hearings to complete his
case-in-chief, provided the persons opposed to the application are
granted an equal number of additional hearings. Persons opposed to
the application may, upon the written consent or consent on the record
by the applicant and the Township, be granted additional hearings
to complete their opposition to the application, provided the applicant
is granted an equal number of additional hearings for rebuttal.
(5)
The hearing shall be conducted by the Zoning Hearing
Board, or the Zoning Hearing 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 Zoning Hearing Board; however, the appellant
or the applicant, as the case may be, in addition to the Township
may, prior to the decision of the hearing, waive decision or findings
by the Zoning Hearing Board and accept the decision or findings of
the hearing officer as final.
(6)
The parties of the hearing shall be any person who is entitled to notice under § 300-36B(1) above, without special request therefor, who has made timely appearance of record before the Zoning Hearing Board and any other person permitted to appear by the Zoning Hearing Board. The Zoning Hearing Board shall have the power to require that all persons who wish to be considered enter appearances in writing on forms provided by the Zoning Hearing Board for that purpose.
(7)
The Chairman or Acting Chairman of the Zoning Hearing
Board or the hearing officer presiding shall have power to administer
oaths and issue subpoenas to compel the attendance of witnesses and
the production of relevant documents and papers, including witnesses
and documents requested by the parties.
(8)
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.
(9)
Formal rules of evidence shall not apply, but irrelevant,
immaterial or unduly repetitious evidence may be excluded.
(10)
The Zoning Hearing 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 Zoning Hearing Board. The cost of the original transcript
shall be paid by the Zoning Hearing Board or hearing officer or shall
be paid by the person appealing from the decision of the Zoning Hearing
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.
(11)
The Zoning Hearing 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 materials
except advice from its or his 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 his representative unless all parties are given an opportunity
to be present.
(12)
The Zoning Hearing 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 Zoning Hearing Board or hearing
officer. Each decision shall be accompanied by findings of fact and
conclusions based thereon together with the reasons therefor. Conclusions
based on any provision of this chapter 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 Zoning Hearing 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 Zoning Hearing Board prior to the final decision or entry of
findings. The Zoning Hearing Board's decision shall be entered no
later than 30 days after the report of the hearing officer. Where
the Zoning Hearing Board fails to render the decision within the forty-five-day
period or fails to hold the required hearing within 60 days from the
date of the applicant's request for a hearing, 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. When a decision has been rendered in favor of the applicant
because of the failure of the Zoning Hearing Board to meet or render
a decision, the Zoning Hearing Board shall give public notice of the
decision within 10 days from the last day it could have met to render
a decision. If the Zoning Hearing 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 the Court of Common Pleas.
(13)
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 not later than the day following its date.
To all other persons who have filed their name and address with the
Zoning Hearing Board not later than the last day of the hearing, the
Zoning Hearing 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.
A.
Parties to proceedings authorized in this article
may utilize mediation as an aid in completing such proceedings. In
proceedings before the Zoning Hearing Board, in no case shall the
Zoning Hearing Board initiate mediation or participate as a mediating
party. Mediation shall supplement, not replace, those procedures in
this article once they have been formally initiated. Nothing in this
section shall be interpreted as expanding or limiting municipal police
powers or as modifying any principles of substantive law.
B.
Participation in mediation shall be wholly voluntary.
The appropriateness of mediation shall be determined by the particulars
of each case and the willingness of the parties to negotiate. In offering
the mediation option, the Township shall assure that in each case,
the mediating parties, assisted by the mediator as appropriate, develop
terms and conditions for:
(1)
Funding mediation.
(2)
Selecting a mediator who, at a minimum, shall have
a working knowledge of municipal zoning and subdivision procedures
and demonstrate skills in mediation.
(3)
Completing mediation, including time limits for such
completion.
(4)
Suspending time limits otherwise authorized in this
chapter or in the Pennsylvania Municipalities Planning Code (Act 247,
as amended),[1] provided that there is written consent by the mediating
parties and by an applicant or Township decisionmaking body, if either
is not a party to the mediation.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
(5)
Identifying all parties and affording them the opportunity
to participate.
(6)
Subject to legal restraints, determining whether some
or all of the mediation sessions shall be open or closed to the public.
(7)
Assuring that mediated solutions are in writing and
signed by the parties and become subject to review and approval by
the appropriate decisionmaking body pursuant to the authorized procedures
set forth in this chapter.
C.
No offers or statements made in the mediation sessions,
excluding the final written mediated agreement, shall be admissible
as evidence in any subsequent judicial or administrative proceedings.
The Zoning Hearing Board shall have exclusive
jurisdiction to hear and render final adjudication in the following
matters:
A.
Substantive challenges to the validity of any land
use ordinance, except curative amendments brought before the Township
Board of Commissioners.
B.
Challenges to the validity of a land use ordinance
raising procedural questions or alleged defects in the process of
enactment or adoption, which challenges shall be raised by an appeal
taken within 30 days after the effective date of this chapter.
C.
Appeals from the determination of the Zoning Officer
or his authorized representative, including, but not limited to, the
granting or denial of any permit or failure to act on the application
therefor, the issuance of any cease and desist order or the registration
or refusal to register any nonconforming use, structure or lot.
D.
Appeals from a determination by the Township Engineer
or the Zoning Officer or his authorized representative with reference
to the administration of any floodplain or flood hazard ordinance
or such provisions within a land use ordinance.
E.
Applications for variances from the terms of this chapter or floodplain or flood hazard ordinance or such provisions within a land use ordinance, pursuant to § 300-39A.
F.
Applications for special exceptions under this chapter or floodplain or flood hazard ordinance or such provisions within a land use ordinance, pursuant to § 300-39B.
H.
Appeals from the determination of the Zoning Officer
or his authorized representative or Township Engineer in the administration
of any land use ordinance or provision thereof with reference to sedimentation
and erosion control and stormwater management insofar as the same
relate to development not involving subdivision and land development
or planned residential development.
A.
Variance: conditions governing application procedures.
(1)
The Zoning Hearing Board shall hear requests for variances
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 all of the following findings are made where
relevant in a given case:
(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 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.
(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 a variance is therefore necessary to enable the
reasonable use of the property.
(c)
That such unnecessary hardship has not been
created by the appellant.
(d)
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.
(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 in issue.
(2)
The Zoning Hearing Board shall conduct a public hearing in accordance with the procedures specified in § 300-36 of this chapter.
(3)
In granting any variance the Zoning Hearing Board
may prescribe appropriate conditions and safeguards in conformity
with this chapter.
(4)
The Zoning Hearing Board shall prescribe a time limit
within which the action for which the variance is required shall be
begun or completed, or both. Failure to begin or complete, or both,
such action within the time limit set shall void the variance.
B.
Special exceptions: conditions governing application
procedure. The Zoning Hearing Board shall hear and decide requests
for special exceptions as stated in this chapter. A special exception
shall not be granted by the Zoning Hearing Board unless and until:
(1)
A written application for a special exception is submitted
stating the grounds on which it is requested.
(2)
The Zoning Hearing Board shall conduct a public hearing in accordance with the procedures specified in § 300-36 of this chapter.
(3)
Findings of fact.
(a)
The Zoning Hearing Board, before it grants a
special exception, shall make findings of fact and state its reasons
for granting the special exception, said findings of fact to include:
[1]
That the use will not endanger the public health
or safety if located where proposed and developed, and that the use
will not allow conditions which will tend to generate nuisance conditions
such as noise, dust, glare and vibration.
[2]
That the use meets all applicable express standards and criteria specified in § 300-23 of this chapter, as well as the specifications set forth in the district where it is proposed to be located.
[3]
That the location and character of the use,
if developed according to the plan as submitted and approved, will
be in harmony with the area in which it is to be located and in general
conformity with the Comprehensive Plan for Butler Township.
(b)
To ensure the establishment of the above conditions,
the Zoning Hearing Board shall have the authority to require and approve
specific plans and may attach such reasonable conditions and safeguards
as it deems necessary to protect the public health, safety and welfare.
(c)
All conditions required by the Zoning Hearing
Board shall be entered in the minutes of the meeting at which the
permit is granted and also on the certificate of special exception.
(4)
In no case shall the Zoning Hearing Board have the
authority to modify the requirements of this chapter for any special
exception unless a variance is applied for and granted.
(5)
The Zoning Hearing Board shall prescribe a time limit
within which the action for which the special exception is required
is to be initiated or completed, or both. Failure to either begin
or complete such action within the time limit set shall void the special
exception approval.
A.
No person shall file any proceeding before the Zoning
Hearing Board later than 30 days after a preliminary or final application
for development has been approved by an appropriate Township officer,
agency or body, 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, 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 an application for tentative approval
of a planned residential development or from an adverse decision by
the Zoning Officer or his authorized representative on a challenge
to the validity of an ordinance or map filed pursuant to Section 916.2
of the Pennsylvania Municipalities Planning Code[1] shall preclude an appeal from a final approval, except
in the case where the final submission substantially deviates from
the approved tentative approval. All appeals from determinations adverse
to the landowner shall be filed by the landowner within 30 days after
notice of the determination is issued.
[1]
Editor's Note: See 53 P.S. § 10916.2.
Upon filing of any proceeding and during its
pendency before the Zoning Hearing Board, all land development pursuant
to any challenged ordinance, order or approval of the Zoning Officer
or his authorized representative or of any agency or body, and all
official action thereunder, shall be stayed unless the Zoning Officer
or his authorized representative or any other appropriate agency or
body certifies to the Zoning Hearing 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 Zoning Hearing
Board or by the court having jurisdiction of zoning appeals on petition
after notice to the Zoning Officer or his authorized representative
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 Zoning Hearing
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
Zoning Hearing 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.
All appeals from decisions rendered by the Zoning Hearing Board shall be taken to the Butler County Court of Common Pleas and shall be filed within 30 days after the entry of the decision or, in the case of a deemed decision, within 30 days after the date upon which notice of said deemed decision is given as required by § 300-36B(12) of this chapter.
If an application for a variance, appeal from
the Zoning Officer or his authorized representative or special exception
is denied by the Zoning Hearing Board, another application shall not
be filed within a period of one year from the date of denial, except
upon the concurrence of the Zoning Hearing Board after the applicant
or appellant demonstrates a change of circumstances which would warrant
a rehearing.
