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, but 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 §
340-120. If, by reason of absence or disqualification of a member, a quorum is not reached, the Chairman of the Board shall designate as many alternate members of the Board to sit on the Board as may be needed to provide a quorum. 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 pursuant to this section shall be made on a case-by-case basis in rotation according to declining seniority among all alternates. 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, which records shall be the property of the Township, and shall submit a report of its activities to the Board of Supervisors upon request.
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. Alternate members of the Board may receive compensation, as may be fixed by the Board of Supervisors, for the performance of their duties when designated as alternate members pursuant to §
340-118, but in no case shall such compensation exceed the rate of compensation authorized to be paid to the members by the Board of Supervisors.
[Amended 2-19-1997 by Ord. No. 175]
The Zoning Hearing Board shall have the exclusive
jurisdiction to hear and render decisions in the following matters:
A. Substantive challenges to the validity of this chapter, except those brought before the Board of Supervisors pursuant to §
340-130E of this chapter.
(1)
If a challenge heard by a Zoning Hearing Board
is found to have merit, the decision of the Zoning Hearing Board shall
include recommended amendments to the challenged ordinance which will
cure the defects found. In reaching its decision, the Zoning Hearing
Board shall consider the amendments, plans and explanatory material
submitted by the landowner and shall also consider:
(a)
The impact of the proposal upon roads, sewer
facilities, water supplies, schools and other public service facilities.
(b)
If the proposal is for a residential use, the
impact of the proposal upon regional housing needs and the effectiveness
of the proposal in providing housing units of a type actually available
to and affordable by classes of persons otherwise unlawfully excluded
by the challenged provisions of this chapter or Zoning Map.
(c)
The suitability of the site for the intensity
of use proposed by the site's soils, slopes, woodland, wetlands, floodplains,
aquifers, natural resources and other natural features.
(d)
The impact of the proposed use on the site's
soils, slopes, woodlands, wetlands, floodplains, natural resources
and natural features, the degree to which these are protected or destroyed,
the tolerance of the resources to development and any adverse environmental
impacts.
(e)
The impact of the proposal on the preservation
of agriculture and other land uses which are essential to public health
and welfare.
(2)
Public notice of the hearing shall be provided as specified in §
340-130B(2)(b) of this chapter.
(3)
The Zoning Hearing Board shall commence its
hearings within 60 days after the request is filed unless the landowner
requests or consents to an extension of time.
(4)
The Zoning Hearing Board shall render its decision
within 45 days after the conclusion of the last hearing. If the Board
fails to act on the landowner's request within this time limit, a
denial of the request is deemed to have occurred on the 46th day after
the close of the last hearing.
B. Challenges to the validity of this chapter, 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 the ordinance.
C. Special exceptions, as provided for in this chapter
and subject to all applicable requirements including, but not limited
to:
(1)
Filing requirements. In addition to the required zoning permit information (see §
340-128) each special exception application shall include the following:
(a)
Ground floor plans and elevations of proposed
structures.
(b)
Names and address of adjoining property owners
including properties directly across a public right-of-way.
(c)
A scaled drawing (site plan) of the site with
sufficient detail and accuracy to demonstrate compliance with all
applicable provisions of this chapter.
(d)
A written description of the proposed use in
sufficient detail to demonstrate compliance with all applicable provisions
of this chapter.
(e)
Identify all applications which the applicant
has filed with the Zoning Hearing Board within the past 18 months.
(f)
Identify all applications relating to the property
which is the subject of this application which have been filed with
the Zoning Hearing Board with the past 18 months.
(2)
General criteria. Each applicant must demonstrate
compliance with the following:
(a)
The proposed use shall be consistent with the
purpose and intent of this chapter.
(b)
The proposed use shall not detract from the
use and enjoyment of adjoining or nearby properties.
(c)
The proposed use will not substantially change
the character of the subject property's neighborhood.
(d)
Adequate public facilities are available to
serve the proposed use (e.g., schools, fire, police and ambulance
protection, sewer, water and other utilities, vehicular access, etc.).
(e)
For development within the Floodplain Zone, that the application complies with those requirements listed in §
340-22 of this chapter.
(f)
The proposed use shall comply with those criteria specifically listed in Article
IV of this chapter. In addition, the proposed use must comply with all other applicable regulations contained in this chapter.
(g)
The proposed use will not substantially impair
the integrity of the Township's Comprehensive Plan.
(3)
Conditions. The Zoning Hearing Board, in approving special exception applications, may attach conditions considered necessary to protect the public welfare and the purposes listed above, including conditions which are more restrictive than those established for other uses in the same zone. These conditions shall be enforceable by the Zoning Officer and failure to comply with such conditions shall constitute a violation of this chapter and be subject to the penalties described in Article
VII.
(4)
Site plan approval. Any site plan presented in support of the special exception pursuant to §
340-121C(1)(a) shall become an official part of the record for said special exception. Approval of any special exception will also bind the use in accordance with the submitted site plan; therefore, should a change in the site plan be required as part of the approval of the use, the applicant shall revise the site plan prior to the issuance of a zoning permit. Any subsequent change to the use on the subject property not reflected on the originally approved site plan shall require the obtainment of another special exception approval.
D. Variances. 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 to the Zoning Officer. The Board may grant a variance,
provided that all of 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 zone 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 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 zone or neighborhood 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.
(5)
That the variance, if authorized, will represent
the minimum variance that will afford relief and will represent the
least modification possible of the regulations in issue.
(6)
That variances within the Floodplain Zone shall comply with §
340-22 of this chapter.
(7)
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. These conditions shall be enforceable by the Zoning Officer and failure to comply with such conditions shall constitute a violation of this chapter and subject to the penalties described in Article
VII.
(8)
Filing requirements. In addition to the required zoning permit information (see §
340-128), each variance application shall include the following:
(a)
Ground floor plans and elevations of existing
and/or proposed structures.
(b)
Names and addresses of adjoining property owners,
including properties directly across a public right-of-way.
(c)
A scaled drawing (site plan) of the site with
sufficient detail and accuracy to demonstrate compliance with all
applicable provisions of this chapter.
(d)
A written description of the proposed use in
sufficient detail to demonstrate compliance with all applicable provisions
of this chapter.
(e)
Identify all applications which the applicant
has filed with the Zoning Hearing Board within the past 18 months.
(f)
Identify all applications relating to the property
which is the subject of this application which have been filed with
the Zoning Hearing Board within the past 18 months.
(9)
Conditions. The Zoning Hearing Board, in approving variance applications, may attach conditions considered necessary to protect the public welfare and the purposes listed above, including conditions which are more restrictive than those established for other uses in the same zone. These conditions shall be enforceable by the Zoning Officer and failure to comply with such conditions shall constitute a violation of this chapter and be subject to the penalties described in Article
VII.
(10)
Site plan approval. Any site plan presented
in support of a variance shall become an official part of the record
for said variance. Approval of any variance will also bind the use
in accordance with the submitted site plan.
E. Appeals from the determination of the Zoning Officer
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.
F. Appeals from a determination by a Township Engineer
or the Zoning Officer with reference to the administration of any
provisions contained within the Floodplain Zone.
G. Appeals from the determination of any officer or agency
charged with the administration of any transfers of development rights
or performance density provisions of this chapter.
H. Appeals from the Zoning Officer's determination under
§ 916.2 (and any subsequent amendments) of the Act.
I. Appeals from the determination of the Zoning Officer or Township Engineer in the administration of any land use ordinance with reference to sedimentation and erosion control, and/or stormwater management for applications not involving a subdivision/land development, nor a planned residential development as regulated in Articles
V and
VII of the Act, respectively.
Appeals under §
340-121D(5),
(6),
(7),
(8) and
(9) and proceedings to challenge this chapter under §
340-121A and
B may be filed with the Board in writing by the landowner affected, any officer or agency of the Township, or any person aggrieved. Requests for a variance under §
340-121D and for special exception under §
340-121C may be filed with the Board by any landowner or any tenant with the permission of such landowner. Any appeal shall state:
A. The name and address of the appellant and applicant.
B. The name and address of the landowner of the real
estate to be affected.
C. A brief description and location of the real estate
to be affected by such proposed change together with a plot plan drawn
to scale with sufficient clarity to show the nature and character
of the request.
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 request may be allowed, and reasons why it should, or should not,
be granted.
No person shall be allowed to file any proceeding
with the Board later than 30 days after an application for development,
preliminary or final, has been approved by the Zoning Officer or the
agency responsible for granting such approval if such proceeding is
designed to secure reversal or to limit the approval in any manner
unless such person alleges and proves that he/she 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/she shall be bound by the knowledge of his predecessor in interest.
The failure of anyone other than the landowner to appeal from an adverse
decision by the Zoning Officer on a challenge to the validity of this
chapter or the Official Zoning Map pursuant to § 916.2.
of the Act, as amended, shall preclude an appeal from a final approval
except in the case where the final submission substantially deviates
from the approved tentative preliminary approval.
Any person, taxpayer or the Township 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, as amended.
[Added 2-19-1997 by Ord. No. 175]
A. Legislative intent. The consideration of multiple
applications for a single property at the same time creates substantial
additional administrative work for the Township staff and the volunteer
members of the Zoning Hearing Board. The Township staff must maintain
multiple files with differing time limits within which the Zoning
Hearing Board is required to schedule hearings and render decisions.
The Township staff and the Zoning Hearing Board must also insure that
each submission, letter or other document is properly included in
the record of one or more of the multiple application files, as appropriate.
Documents which cannot be easily reproduced, such as plans or documents
which are bulky, must be cross-referenced. The Township incurs costs
to store plans and other documentation associated with an application,
which are increased by having to retain copies in each file and to
cross-reference each application. The costs to the Township which
arise from multiple applications at one time relating to a single
property are greater than the Township's costs to administer single
applications for various properties.
B. Application fee. In recognition of the increased costs
to the Township to process multiple applications for a single property,
the application fee as established by ordinance or resolution of the
Board of Supervisors shall be doubled for any second or subsequent
application to the Zoning Hearing Board under the following circumstances:
(1)
Where an applicant files an application for
a property while an application is pending before the Zoning Hearing
Board for the same property.
(2)
Where an applicant files an application for
a special exception to the Zoning Hearing Board under the same section
of this chapter within one year of the date of a final decision on
an application for a special exception under the same section of this
chapter for the same property.
C. Number of applications which may be pending. No more
than one application for the same property shall be pending before
the Zoning Hearing Board at any time. If an applicant files a second
or subsequent application with the Zoning Hearing Board while an application
for the same property is pending, the Zoning Hearing Board shall schedule
a hearing for the second or subsequent application as required by
the MPC and may deny the second or subsequent application for violation
of this section unless that applicant has, in writing, withdrawn the
application for the property which was pending on the date the second
or subsequent application was filed.
D. Reconsideration. After the Zoning Hearing Board has
rendered a decision or after a court of competent jurisdiction has
rendered a final determination upon an appeal from a decision of the
Zoning Hearing Board on an application for a special exception, the
applicant, his successors and assigns, shall not be permitted to file
an application for a special exception under the same section of this
chapter for a period of one year from the date of the decision of
the Zoning Hearing Board or order of the court, whichever is later.
Any reapplication for a special exception under the same section of
this chapter shall be considered a request for a reconsideration of
the Zoning Hearing Board's decision. The Zoning Hearing Board does
not have jurisdiction to reconsider a decision. If an applicant files
an application for such a reconsideration, whether or not the applicant
terms his application a request for reconsideration, the Zoning Hearing
Board shall schedule a hearing on the application for reconsideration
in accordance with the requirements of the MPC and may deny the application
for violation of this section and because the Zoning Hearing Board
does not have such jurisdiction under MPC § 909.1(a). Nothing
contained herein shall prevent the Zoning Hearing Board from denying
an application for a special exception, application for a variance,
challenge to the validity of this chapter or appeal from a determination
of the Zoning Officer based upon res judicata, collateral estoppel
or other concepts of issue preclusion.