[Ord. 8-14-1995, § 3100]
A Zoning Hearing Board shall be established in order that the
objectives of this chapter may be fully and equitably achieved and
that a means for competent interpretation of this chapter be provided.
The Zoning Hearing Board shall operate in accordance with the provisions
of Article IX of the Pennsylvania Municipalities Planning Code, as
amended.
[Ord. 8-14-1995, § 3101]
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 governing body pursuant to §§ 609.1
and 916.1(a)(2) of the Pennsylvania Planning Code.
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 said ordinance.
c.
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 therefore, 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 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 and flood
hazard ordinance or such provisions within a land use ordinance, pursuant
to § 910.2 of the Pennsylvania Municipalities Planning Code.
f.
Applications for special exceptions under the zoning ordinance or
floodplain or flood hazard ordinance or such provisions within a land
use ordinance, pursuant to § 912.1 of the Pennsylvania Municipalities
Planning Code.
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
of the Pennsylvania Municipalities Planning Code.
i.
Appeals from the determination of the Zoning Officer or Township
Engineer in the administration of any land use ordinance or provision
thereof with reference to sedimentation and erosion control and storm
water management insofar as the same relate to development not involving
Article V or VII of the Pennsylvania Municipalities Planning Code.
[Ord. 8-14-1995, § 3102]
Parties to proceedings before the Zoning Hearing Board may utilize
the mediation option pursuant to Article IX of the Pennsylvania Municipalities
Planning Code, as amended.
[Ord. 8-14-1995, § 3103]
In granting a special exception, the Zoning Hearing Board shall
make findings of fact consistent with the provisions of this chapter.
The Board shall not approve a special exception except in conformance
with the conditions and shall take evidence and make a record thereon.
At the conclusion of the hearing, the board shall decide all contested
questions and shall make findings on all relevant issues of fact which
shall become part of the record on appeal to the court.
a.
General Requirements and Standards Applicable to All Special Exceptions.
The Board shall grant a special exception only if it finds adequate
evidence that any proposed development submitted will meet all of
the following general requirements as well as any specific requirements
and standards listed herein for the proposed use. The Board shall
among other things, require that any proposed use and location be:
1.
In accordance with the New Britain Township Comprehensive Plan and
consistent with the spirit, purposes and the intent of this chapter.
2.
In the best interests of the Township, the convenience of the community,
the public welfare and be a substantial improvement to the property
in the immediate vicinity.
3.
Suitable for the property in question and designed, constructed,
operated and maintained so as to be in harmony with and appropriate
in appearance to the existing or intended character of the general
vicinity.
4.
In conformance with all applicable requirements of this chapter.
5.
Suitable in terms of effects on highway traffic and safety with adequate
access arrangements to protect streets from undue congestion and hazard.
6.
In accordance with sound standards of subdivision practice where
applicable.
b.
The Zoning Hearing Board may impose whatever conditions regarding
layout, circulation and performance it deems necessary to ensure that
any proposed development will secure substantially the objectives
of this chapter.
[Ord. 8-14-1995, § 3104]
In general, the power to authorize a variance from the terms
of this chapter shall be sparingly exercised and only under peculiar
and exceptional circumstances. Upon appeal from a decision by the
Zoning Officer, the Board shall have the power to vary or adapt the
strict application of any of the requirements of this chapter. Where,
by reason of exceptional narrowness, shallowness or shape of a specific
piece of property at the time of the enactment of the Ordinance or
by reason of exceptional topographic conditions or other extraordinary
and exceptional situation or condition on such piece of property,
the strict application of any regulation enacted under this chapter
would result in peculiar and exceptional and undue hardship upon the
owner of such property, but in no other case.
a.
Requirements and Standards. No variance in the strict application
of the provisions of this chapter shall be granted by the Board unless
the Board finds that the requirements and standards are satisfied.
The applicant must prove that the variance will not be contrary to
the public interest and that practical difficulty and unnecessary
hardship will result if it is not granted. In particular, the applicant
shall establish and substantiate that the appeal for the variance
is in conformance with the requirements and standards listed below:
1.
That the granting of the variance shall be in harmony with the general
purpose and intent of this chapter and shall not be injurious to the
neighborhood or otherwise detrimental to the public welfare.
2.
That the granting of the variance will not permit the establishment
within a district of any use which is not permitted in that district.
3.
There must be proof of unique circumstances. That there are special
circumstances or conditions, fully described in the findings, applying
to the land or buildings for which the variance is sought, which circumstances
or conditions are peculiar to such land or buildings and do not apply
generally to land or buildings in the neighborhood and that said circumstances
or conditions are such that the strict application of the provisions
of this chapter would deprive the applicant of the reasonable use
of such land or building.
4.
There must be proof of unnecessary hardship.
5.
That the granting of the variance is necessary for the reasonable
use of the land or building and that the variance as granted by the
Board is the minimum variance that will accomplish this purpose.
b.
The Board may prescribe any safeguard that it deems to be necessary
to secure substantially the objectives of the regulation or provision
to which the variance applies.
