A.
There is hereby created for the Township a Zoning Hearing Board in accordance with the provisions of Article IX of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10901 et seq.
B.
The membership of the Board shall consist of three
residents of the Township appointed by resolution by the Board of
Commissioners. The terms of office shall be for three years and shall
be so fixed that the term of office of one member shall expire each
year. The Board shall promptly notify the Board of Commissioners of
any vacancies which occur. Appointments to fill vacancies shall be
only for the unexpired portion of the term. Members of the Board shall
hold no other office in the Township.
C.
Any 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 Commissioners which appointed the member, 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.
D.
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 the 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 this chapter.
E.
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 Commissioners
as requested by the Board of Commissioners.
F.
Within the limits of funds appropriated by the Board
of Commissioners, 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 Commissioners, but
in no case shall it exceed the rate of compensation authorized to
be paid to the members of the Board of Commissioners.
The Zoning Hearing Board shall conduct hearings
and make decisions in accordance with the following requirements:
A.
Public notice shall be given and written notice shall
be given to the applicant, the Zoning Officer 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 rules of
the 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.
The hearing shall be held within 60 days from the
date of the applicant's request, unless the applicant has agreed in
writing to an extension of time.
C.
The hearings shall be conducted by the Board or the
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
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 Board and accept the decision or
findings of the hearing officer as final.
D.
The parties to the hearing shall be the Township,
any person affected by the application who has made timely appearance
of record before the Board, and any other person including civic or
community organizations permitted to appear by the Board. The Board
shall have power to require that all persons who wish to be considered
parties enter appearances in writing on forms provided by the Board
for that purpose.
E.
The Chairman or Acting Chairman of the 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.
F.
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.
G.
Formal rules of evidence shall not apply, but irrelevant,
immaterial, or unduly repetitious evidence may be excluded.
H.
The Board or the hearing officer, as the case may
be, shall keep a stenographic record of the proceedings.
I.
The 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 their
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.
J.
The 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 Board or hearing officer. 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 of any law, ordinance, rule or regulation 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 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 Board prior to final decision or entry of findings, and the Board's decision shall be entered no later than 30 days after the report of the hearing officer. Where the Board fails to render the decision within the period required by this subsection, 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 Board to meet or render a decision as hereinabove provided, the Board shall give public notice of the said decision within 10 days from the last day it could have met to render a decision in the same manner as provided in Subsection A of this section. If the 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 a court of competent jurisdiction.
K.
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
Board not later than the last day of the hearing, the 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.
L.
The Board of Commissioners shall establish, by resolution,
fees with respect to hearings before the Zoning Hearing Board.
A.
The Zoning Hearing Board shall have exclusive jurisdiction
to hear and render final adjudications in the following matters:
(1)
Substantive challenges to the validity of any
land use ordinance, except those brought before the Board of Commissioners
pursuant to §§ 609.1 and 916.1(a)(2) of the Pennsylvania
Municipalities Planning Code (hereinafter "MPC"), 53 P.S. §§ 10609.1
and 10916.1.
(2)
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. Where
the ordinance appealed from is the initial zoning ordinance of the
Township and a Zoning Hearing Board has not been previously established,
the appeal raising procedural questions shall be taken directly to
court.
(3)
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.
(4)
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.
(5)
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 MPC, 53
P.S. § 10910.2.
(6)
Applications for special exceptions under this
chapter or floodplain or flood hazard ordinance or such provisions
within a land use ordinance, pursuant to § 912.1 of the
MPC, 53 P.S. § 10912.1.
(7)
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.
(8)
Appeals from the Zoning Officer's determination
under § 916.2 of the MPC, 53 P.S. § 10916.2.
(9)
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 stormwater management insofar as the same relate to development not involving applications under Article V or VII of the MPC, 53 P.S. §§ 10501 et seq. and 10701 et seq.
B.
The Board of Commissioners shall have exclusive jurisdiction
to hear and render final adjudications in the following matters:
(1)
All applications for approvals of planned residential developments under Article VII of the MPC pursuant to the provisions of § 702 of the MPC, 53 P.S. § 10702.
(2)
All applications pursuant to § 508 of the MPC, 53 P.S. § 10508, for approval of subdivisions or land developments under Article V of the MPC, 53 P.S. § 10501 et seq.
(3)
Applications for conditional use under the express
provisions of this chapter.
(4)
Applications for curative amendment to this
chapter or pursuant to §§ 609.1 and 916.1(a) of the
MPC, 53 P.S. §§ 10609.1 and 10916.1(a).
(5)
All petitions for amendments to land use ordinances,
pursuant to the procedures set forth in § 609 of the MPC,
53 P.S. § 10609.
(6)
Appeals from the determination of the Zoning Officer or the 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 applications for land development under Articles V and VII of the MPC, 53 P.S. §§ 10501 et seq. and 10701 et seq. Where such determination relates only to development not involving an Article V or VII application, the appeal from such determination of the Zoning Officer or the Township Engineer shall be to the Zoning Hearing Board pursuant to this section. Where the applicable land use ordinance vests jurisdiction for final administration of subdivision and land development applications in the Planning Commission, all appeals from determinations under this subsection shall be to the Planning Commission and all appeals from the decision of the Planning Commission shall be to court.
Meetings of the Board shall be held at the call
of the Chairman and at such other times as the Board may determine.
The Chairman, or in his absence the Acting Chairman, may administer
oaths and compel the attendance of witnesses. All meetings of the
Board shall be open to the public. The Board shall keep minutes of
its proceedings showing the vote of each member upon each question,
or if a member is absent or fails to vote, indicating such fact and
shall keep records of its examinations and other official actions
all of which shall be immediately filed with the Township Secretary
and shall be public record.
Appeals raising the substantive validity of
any land use ordinance (except those to be brought before the Board
of Commissioners pursuant to the Pennsylvania Municipalities Code),
procedural questions or alleged defects in the process of enactment
or adoption of a land use ordinance; or 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; 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; 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; 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 stormwater
management insofar as the same relate to development not involving
subdivision and land development or planned residential development
may be filed with the Zoning Hearing Board in writing by the landowner
affected, any officer or agency of the Township, or any person aggrieved.
Requests for a variance and for special exception may be filed with
the Board by any 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 the Township
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. The failure of anyone other than the landowner to appeal
from an adverse decision on a tentative plan or from an adverse decision
by the Zoning Officer on a challenge to the validity of this chapter
or an amendment hereto or map or an amendment thereto shall preclude
an appeal from a final approval except in the case where the final
submission substantially deviates from the approved tentative approval.
B.
All appeals from determinations adverse to the landowner
shall be filed by the landowner within 30 days after notice of the
determination is issued.
A.
Upon filing of any appeal proceeding before the Zoning
Hearing Board and during its pendency before the 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 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 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 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 Board.
B.
After the petition is presented, the court shall hold
a hearing to determine if the filing of the appeal is frivolous. At
the hearing, evidence may be presented on the merits of the case.
It shall be the burden of the applicant for a bond to prove the appeal
is frivolous. After consideration of all evidence presented, if the
court determines that the appeal is frivolous, it shall grant the
petition for a bond. The right to petition the court to order the
appellants to post bond may be waived by the appellee, but such waiver
may be revoked by him if an appeal is taken from a final decision
of the court.
C.
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. An order denying a petition for bond shall be interlocutory.
An order directing the responding party to post a bond shall be interlocutory.
D.
If an appeal is taken by a respondent to the petition
for a bond from an order of the court dismissing a zoning appeal for
refusal to post a bond and the appellate court sustains the order
of the court below to post a bond, the respondent to the petition
for a bond, upon motion of the petitioner and after hearing in the
court having jurisdiction of zoning appeals, shall be liable for all
reasonable costs, expenses and attorney fees incurred by the petitioner.
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. The Board may by rule prescribe the form
of application and may require preliminary 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 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 applicant.
(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, 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 regulation in issue.
B.
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 and the Pennsylvania Municipalities Planning
Code, 53 P.S. § 10101 et seq.
The Board may grant approval of a special exception;
provided, that the following standards and criteria are complied with
by the applicant for the special exception. The burden of proof rests
with the applicant.
A.
The applicant shall establish, by credible evidence,
that the special exception or other subject of consideration for approval
complies with the intent of this chapter.
B.
The applicant shall establish, by credible evidence,
compliance with all conditions of the special exception enumerated
in that section which gives the applicant the right to seek a special
exception.
C.
The applicant shall establish, by credible evidence,
that the proposed special exception or other subject of consideration
for approval shall not adversely affect neighboring land uses in any
way and shall not impose upon its neighbors in any way, but rather
shall blend in with them in a harmonious manner.
D.
The applicant shall establish, by credible evidence,
that the proposed special exception or other subject of consideration
for approval will be properly serviced by all existing public service
systems. The peak traffic generated by the subject of the approval
must be accommodated for in a safe and efficient manner, or improvements
must be made in order to effect the same. Similar responsibility must
be assumed with respect to other public service systems, including,
but not limited to, police protection, fire protection, utilities,
parks and recreation.
E.
The applicant shall establish, by credible evidence,
that the proposed special exception or other subject of consideration
for approval will be in and of itself properly designed with regard
to internal circulation, parking, buffering and all other elements
of proper design.
F.
The applicant shall provide the Board with sufficient
plans, studies or other data to demonstrate that compliance with the
permitted uses or other regulations, as may be the subject of consideration
for a special exception approval, is unreasonable or inappropriate
for the instance at hand.
G.
The Board shall impose such conditions as are necessary
to ensure compliance with the purpose and intent of this chapter,
which conditions may include plantings and buffers, harmonious design
of buildings and the elimination of noxious, offensive or hazardous
elements.
The Zoning Hearing Board, in considering any
matter within its jurisdiction, may consult with the Hatfield Township
Planning Commission, the Montgomery County Planning Commission, or
any other specialist or groups of specialists having expert knowledge
of the matter under consideration, but need not be bound thereby.
Unless otherwise specified by the Zoning Hearing
Board, a special exception or variance shall expire if the applicant
fails to obtain a permit in connection therewith within one year of
the date of the order of the Board or court granting such special
exception or variance.