A.
The Board of Supervisors hereby appoints a Zoning Hearing Board.
B.
The membership shall consist of three residents of the Township appointed
by the Board of Supervisors.
(1)
The terms of office for a three-member Board shall be three
years and shall be so fixed that the term of office of one member
shall expire each year.
(2)
If a three-member Board is changed to a five-member Board, the
members of the existing three-member board shall continue in office
until their term of office would expire under prior law and ordinances.
(3)
The Board of Supervisors may appoint, by resolution, up to three
residents to serve as alternate members of the Zoning Hearing Board.
The membership of alternate members shall be governed by Section 903(b)
of the MPC.
C.
The Zoning Hearing Board shall promptly notify the Board of Supervisors
of any vacancies which occur. Appointments to fill vacancies on the
Zoning Hearing Board shall be only for the unexpired portion of the
term.
D.
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 Board of Supervisors taken after the member has received 15
days' advance notice of the intent to take such vote. A hearing shall
be held in connection with the vote if the member shall request it
in writing.
A.
The Zoning Hearing Board shall elect from its own membership its
officers, who shall serve annual terms as such and may succeed themselves.
B.
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 Zoning Hearing
Board.
C.
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 Section
908 of the MPC and this chapter.
D.
The Zoning Hearing Board may make, alter, and rescind rules and forms
for its procedure, consistent with ordinances of the Township and
laws of the Commonwealth of Pennsylvania.
E.
The Zoning Hearing Board shall keep full public records of its business
and shall submit a report of its activities to the Board of Supervisors
once a year.
A.
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.
B.
Members of the Zoning Hearing Board may receive compensation for
the performance of their duties, as may be fixed by the Board of Supervisors,
but in no case shall it exceed the rate of compensation authorized
to be paid to the members of the Board of Supervisors.
The public hearing shall commence within 60 days of the filing
of an administratively complete application. Public notice, as defined
herein, of the public hearing shall be advertised and posted as required
by the MPC, and, in addition thereto, the Zoning Hearing Board shall
post at least one copy of the notice on the affected property. Public
hearings shall be conducted and held in accordance with the applicable
provisions of the MPC. The Zoning Hearing Board shall comply with
all requirements of Article IX of the MPC regarding conduct of hearings.
A.
The Zoning Hearing Board or the hearing officer, as the case may
be, shall render a decision or, when no decision is called for, make
written findings on the application in accordance with the requirements
of the MPC and within 45 days after the last hearing before the Zoning
Hearing Board. 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 this chapter, or any other land use ordinance,
rule or regulation or any provision of the MPC shall contain a reference
to the provisions 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/her decision or findings are final, the Zoning Hearing Board
shall make his/her 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 final
decision or entry of findings, and the Zoning Hearing Board's decision
shall be entered no later than 30 days after the report of the hearing
officer.
B.
A copy of the final decision or, when no decision is called for,
of the findings shall be delivered to the applicant personally or
mailed to him no later than the day following its date.
The Zoning Hearing Board shall have exclusive jurisdiction to
hear and render final adjudications in the following matters:
A.
Substantive challenges to the validity of any land use ordinance,
except those brought before the Board of Supervisors pursuant to Sections
609.1 and 916.1(a)(2) of the MPC.
B.
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.
C.
Appeals from a determination by the Township Engineer or the Zoning
Officer with reference to the administration of any floodplain or
flood hazard ordinance or such provisions within a land use ordinance.
D.
Applications for variances from the terms of this chapter, a flood
hazard ordinance or such provisions within a land use ordinance, pursuant
to Section 910.2 of the MPC.
E.
Applications for special exceptions under this chapter or a floodplain
or flood hazard ordinance or such provisions within a land use ordinance,
pursuant to Section 912.1 of the MPC.
F.
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 from the Zoning Officer's determination under Section 916.2
of the MPC.
H.
Appeals from the determination of the Zoning Officer or Township
Engineer in the administration of any land use ordinance or provisions
thereof with reference to sedimentation and erosion control and stormwater
management insofar as the same relate to development not involving
applications under Article V or VII of the MPC.
An application for relief from the Zoning Hearing Board shall
be filed with the Zoning Officer on a form prescribed by the Township.
The Zoning Officer shall forward the application to the Zoning Hearing
Board, which shall determine a time and place of the hearing. The
application shall not be considered to be administratively complete
until all items required by this chapter and the application form,
including the application fee and/or deposit, have been received by
the Township.
A.
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.
B.
The Zoning Hearing Board may grant a variance, provided the following
findings are made where relevant in a given case:
(1)
That the unnecessary hardship is due to the 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.
(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 the 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 neighborhood or district in which the property is
located, nor substantially or permanently impair the appropriate use
or development of adjacent property, not be detrimental to the public
welfare, nor will violate the spirit and intent of this chapter and
its community development goals and objectives.
(5)
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.
C.
In granting a variance, the Zoning Hearing Board may attach such
reasonable conditions and safeguards as it may deem necessary to implement
the purposes of this chapter and the MPC.
A.
Where the Township has permitted special exception uses in this chapter,
to be granted or denied by the Zoning Hearing Board pursuant to express
standards and criteria, the Board shall hear and decide requests for
such special exceptions in accordance with the following standards
and criteria enumerated herein:
(1)
The use will not endanger the public health, safety or welfare
if located where proposed, and will not deteriorate the environment
or generate nuisance conditions.
(2)
The use can be accommodated on the site with no variances required.
(3)
The use is compatible with or will support the uses in the neighborhood
of the site.
(4)
The use does not require extensive earthmoving or revision of
drainage patterns or create substantial increase in stormwater flow.
(5)
The use will not create excessive traffic congestion, and adequate
off-street parking is provided on the same property as the use.
(6)
Areas of the property not to be covered by buildings or paved
are to be landscaped and maintained.
(7)
Primary access points to the property not to be covered by buildings
or paved are to be landscaped and maintained.
B.
The Zoning Hearing Board may attach such reasonable conditions and
safeguards in addition to those expressed herein to implement the
purposes of this chapter.
C.
The landowner's application shall include all maps, plans and text
which may be necessary to explain the development proposed and its
conformance with the standards and criteria of this chapter.
D.
The grant of a special exception shall expire two years after the
date of the Zoning Hearing Board written decision, unless the applicant
has applied for and obtained a building permit and commenced construction;
or in a case where the use by special exception does not require the
issuance of a building permit, the applicant has applied for and obtained
a zoning use permit or a zoning occupancy permit, whichever is required
first, and has commenced the use which is the subject of the special
exception approval. Expiration of the special exception approval under
this section shall require the applicant to reapply for special exception
approval.
Appeals under § 27-2106 may be filed with the Zoning Hearing Board in writing by the landowner affected, by any officer or agency of the Township or any person aggrieved. Request for a variance under § 27-2108 may be filed with the Zoning Hearing Board only by a landowner or any tenant with the permission of such landowner.
A.
No person shall be allowed to file any proceeding with the Zoning
Hearing Board later than 30 days after an application for development,
preliminary or final, 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 by the Zoning Officer on a challenge to the validity of this chapter or Zoning Map pursuant to Section 916.2 of the MPC shall preclude an appeal from a final approval, except in the case where the final submission substantially deviates from the approved tentative or preliminary approval.
C.
All appeals from determinations adverse to the landowner shall be
filed by the landowner within 30 days after notice of the determination
is issued, except appeals of the Zoning Officer's issuance of an enforcement
notice, which shall be filed within 10 days after the receipt of the
enforcement notice.
Upon filing of any proceeding referred to in § 27-2106 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 Officer 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 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.
