The requirements and provisions of this Article XIX shall apply to the Zoning Hearing Board and related functions of this chapter.
A.
There shall be a Zoning Hearing Board, which shall consist of three
members who shall be appointed by the Board of Supervisors.
B.
Membership of the Zoning Hearing Board shall consist of residents
of the Township. Their terms of office shall be three years and shall
be so fixed that the term of office of no more than one member shall
expire each year. The Zoning Hearing Board shall promptly notify the
Board of Supervisors of any vacancies that occur. Appointments to
fill vacancies shall be only for the unexpired portion of the term.
Members of the Zoning Hearing Board shall hold no other office in
the Township. Any member of the Zoning Hearing Board 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 a fifteen-day 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.
C.
The Board of Supervisors may appoint by resolution at least one but no more than three residents of the Township to serve as alternate members of the Board. The term of office of an alternate member shall be three years. When seated pursuant to the provisions of § 280-1902 of this chapter, 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 pursuant to § 280-1903 of this chapter unless designated as a voting alternate member pursuant to § 280-1902 of this chapter.
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 § 280-1904 of this chapter. 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 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.
A.
The Board of Supervisors may prescribe reasonable fees with respect
to hearings before the Zoning Hearing Board. 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.
B.
Within the limits of funds appropriated by the Board of Supervisors, the Zoning Hearing 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 § 280-1902 of this chapter. In no case shall the compensation paid to members of the Board or any alternate members exceed the rate of compensation authorized to be paid to the members by the Board of Supervisors.
The Zoning Hearing Board shall conduct hearings and make decisions
in accordance with the requirements of the MPC,[1] as well as the following requirements.
A.
Public notice shall be given and written notice shall be given to
the applicant, the Zoning Officer, such other persons as the Board
of Supervisors shall designate by ordinance and to any person who
has made timely request for the same. Written notices shall be given
at such time and in such manner as shall be prescribed by ordinance,
or in the absence of an ordinance provision, by rules of the Zoning
Hearing Board. In addition to the written notice provided herein,
written notice of said hearing shall be conspicuously posted on the
affected tract of land at least one week prior to the hearing.
B.
All persons who wish to be considered parties to a hearing shall
enter their appearance on forms provided by the Zoning Hearing Board.
C.
Every person who requests a hearing before the Zoning Hearing Board
shall submit a fully completed application to the Zoning Officer or
the Zoning Hearing Board on the form prescribed by the Zoning Hearing
Board. The Zoning Officer shall reject all incomplete applications.
The date of an applicant's request shall be the date when a fully
completed application accompanied by the appropriate fee is submitted
to and received by the Zoning Officer.
D.
All requests for a continuance of a scheduled hearing shall be submitted
in writing with the reasons therefor and shall contain a statement
that the applicant agrees to an extension of time period, within which
the Zoning Hearing Board is required to hold a hearing or to render
a written decision. No more than two continuances shall be permitted,
unless the party requesting the continuance pays the fee prescribed
by the Board of Supervisors pursuant to resolution.
E.
The Zoning Hearing Board or the hearing officer shall keep a stenographic
record of the proceedings. The appearance fee for a stenographer shall
be shared equally by the applicant and the Board. The cost of the
original transcript shall be paid by the Board if the transcript is
ordered by the 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 costs.
F.
Effect of Zoning Hearing Board's decision. The following time requirements
and conditions shall apply to approvals granted by the Zoning Hearing
Board:
(1)
Permit period.
(a)
The applicant or appellant shall secure all necessary zoning
and building permits within 12 months after the approval date of the
variance, special exception, or other action of approval by the Zoning
Hearing Board.
(b)
The Zoning Hearing Board may grant an extension of the twelve-month
permit period, provided that the applicant or appellant has demonstrated
good cause in a written application to the Zoning Hearing Board.
(c)
Should the applicant or appellant fail to obtain all necessary
zoning permits within the time limitations of this section, it shall
be conclusively presumed that the appellant or applicant has waived,
withdrawn, or abandoned the appeal or application; and all provisions,
variances, special exceptions and zoning permits granted shall be
deemed automatically rescinded by the Zoning Hearing Board.
(2)
Construction period.
(a)
The applicant or appellant shall complete the building, alteration,
or use within two years after a zoning permit has been issued.
(b)
The Zoning Hearing Board may grant an extension of the two-year
construction period, provided that the applicant or appellant has
demonstrated good cause in a written application to the Zoning Hearing
Board.
(c)
Should the applicant or appellant fail to complete such construction,
alteration, or use within the time limitations of this section, the
Zoning Hearing Board may rescind or revoke the granted variance, special
exception, or zoning permit. The Zoning Officer shall provide the
applicant or appellant with a written notice at least 10 days prior
to such decision of the Zoning Hearing Board. The decision to rescind
or revoke such approvals shall be based on one or more of the following
findings of the Zoning Hearing Board:
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A.
Appeals from the Zoning Officer. The Zoning Hearing Board shall hear
and decide the following appeals:
(1)
Appeals in which it is alleged by the appellant that the Zoning
Officer has failed to follow prescribed procedures or has misinterpreted
or misapplied any provision of a valid ordinance or map or any valid
rule or regulation governing the action of the Zoning Officer.
(2)
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.
B.
Substantive challenges to the validity of this chapter.
(1)
The Zoning Hearing Board shall hear substantive challenges to
the validity of this chapter, except those brought before the Board
of Supervisors.
(a)
If a challenge heard by the Zoning Hearing Board is found to
have merit, the decision of the Zoning Hearing Board shall include
recommended amendments to this challenged chapter 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 applicant and shall also consider:
[1]
The impact of the proposal upon roads, sewer facilities,
water supplies, schools and other public service facilities.
[2]
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 map.
[3]
The suitability of the site for the intensity of
use proposed by the site's soils, slopes, woodlands, wetlands, floodplains,
aquifers, natural resources and other natural features.
[4]
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.
[5]
The impact of the proposal on the preservation
of agriculture and other land uses which are essential to public health
and welfare.
(b)
The Zoning Hearing Board shall render its decision within 45
days after the conclusion of the last hearing. If the Zoning Board
fails to act on the applicant'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.
(c)
The Zoning Hearing Board shall commence its hearings within
60 days after the request is filed, unless the applicant requests
or consents to an extension of time.
(2)
Challenges to the validity of this chapter, raising procedural
questions or alleged defects in the process of enactment or adoption,
shall be raised by an appeal taken within 30 days after the effective
date of this chapter.
C.
Variances.
(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 upon a finding that the applicable provisions of the MPC
regarding the granting of variances have been met by the applicant.
In granting any variance, the Board may attach such reasonable conditions
and safeguards as it may deem necessary to implement the purposes
of the MPC and this chapter.
D.
Special exceptions.
(1)
In those instances in which this chapter has stated special
exceptions to be granted or denied by the Zoning Hearing Board pursuant
to express standards and criteria, the Board shall herein decide all
such requests for special exceptions in accordance with the standards
and criteria of this chapter, including the following:
(a)
The proposed use shall be consistent with the purpose and intent
of this chapter and the applicable zoning district;
(b)
The proposed use shall not detract from the use and enjoyment
of adjacent 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)
The proposed use complies with this chapter, including Article
X relating to Floodplain District (FP) regulations;
(f)
The proposed use shall comply with those criteria specifically listed in the applicable zoning district, Article XV relating to performance standards, and Article XVI relating to supplemental regulations, of this chapter. In addition, the proposed use must comply with all other applicable regulations contained in this chapter; and
(g)
The proposed use will not substantially impair the integrity
of the most-recent version of the Lancaster Township Comprehensive
Plan.
(2)
In granting a special exception, the Board may attach such reasonable
conditions and safeguards, in addition to those expressed in this
chapter, as it may deem necessary to implement the purposes of the
MPC and this chapter. The Board shall hear and decide all requests
for special exceptions in accordance with the standards and criteria
of this chapter as well as in accordance with the procedure outlined
by this section.
(3)
All applicants for a special exception shall submit the following:
(a)
A statement describing the proposed use.
(b)
A location map showing the entire tract and its relation to
the surrounding area, drawn at a scale of 1,000 feet to the inch.
(c)
All applicants for a special exception, except for home occupations,
boardinghouses and conversions, shall submit seven sets of sketch
plans for the proposed use to the Zoning Hearing Board, including
the following requirements:
[1]
The location of all existing floodplains, wetlands,
watercourses, railroads, areas of subsidence, wooded areas (marking
all wooded areas to be cleared), bridges, culverts and other significant
natural features on the tract and within 200 feet of the tract.
[2]
The location of all streets, adjoining tracts,
and buildings within 200 feet of the tract.
[3]
If applicable, the location of all proposed land
uses, including residential uses by types.
[4]
The location and arrangement of all open spaces
and yards, landscaping, fences, and buffer yards, including the methods
and materials to be employed for screening.
[5]
The location, size (numbers shown), arrangement
and capacity of all areas to be used for motor vehicle access, parking,
loading, and provisions to be made for lighting such areas.
[6]
The location and dimensions of sidewalks and all
other common areas.
[7]
If applicable, a description of any proposed industrial
or commercial operations in sufficient detail to indicate effects
of those operations in producing noise, glare, air pollution, water
pollution, fire hazards, traffic congestion, or other safety hazards.
[8]
If applicable, provisions to be made for the treatment
and disposal of sewage and industrial wastes and for water supply.
[9]
The name and address of the developer (if applicable)
and landowner.
[10]
The name of the individual and/or the firm that
prepared the plan.
E.
Appeals regarding the Floodplain District (FP). The Zoning Hearing
Board shall hear and decide appeals from a determination by the Township
Engineer or the Zoning Officer with reference to the administration
of any provisions contained within the Floodplain District (FP).
F.
Appeals regarding development rights and density. The Zoning Hearing
Board shall hear and decide 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.
G.
Appeals regarding sedimentation and erosion control and stormwater management. The Zoning Hearing Board shall hear and decide 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 MPC.
A.
Appeals and proceedings to challenge any provision under this chapter
may be filed with the Zoning Hearing Board in writing by the landowner
affected, by any officer or agency of the Township, or by any person
aggrieved. Requests for a variance and for a special exception under
this chapter may be filed with the Zoning Hearing Board by any landowner.
An appeal or request shall state:
(1)
The name and address of the applicant.
(2)
The name and address of the owner of the real estate to be affected
by the proposed special exception or variance.
(3)
A brief description and location of the real estate to be affected
by such proposed change.
(4)
A statement of the present zoning classification of the real
estate in question, the improvements thereon, and the present use
thereon.
(5)
A statement of the section of this chapter under which the variance
or special exception is requested, or may be allowed, and reasons
why it should be granted.
No person shall be allowed to file any proceeding with the Zoning
Hearing Board later than 30 days after any application for development,
preliminary or final, has been approved by the Board of Supervisors,
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 or 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.
Upon the filing of any proceeding referred to in this Article XIX 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 of any agency or body, and all official action thereunder, shall be stayed, unless the Zoning Hearing Board determines there are 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 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 of whether or not such petition should be granted and the amount of the bond shall be within the sound discretion of the court.
