A.
A five-member Zoning Hearing Board is established
to replace the three-member Board as it existed on January 7, 1980,
in order that the objectives of this chapter may be fully and equitably
achieved and that a means of competent interpretation of this chapter
be provided.
C.
The Zoning Hearing Board shall promptly notify the
Board of Supervisors of any vacancies which occur. Appointments to
fill vacancies shall be only for the unexpired portion of the term.
D.
Members of the Zoning Hearing Board shall hold no
other Township office.
[Amended 8-23-1990 by Ord. No. 604]
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 powers and duties of the Zoning Hearing
Board shall be as set forth in the Pennsylvania Municipalities Planning
Code and its amendments.[1]
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
A.
In any instance where the Zoning Hearing Board is
required to consider a request for a special exception or variance
in accordance with the provisions of this chapter, the Board shall:
(1)
Determine whether the special exception is specifically
authorized by a provision of this chapter or the variance represents
relief from a prohibition or requirement of this chapter.
(2)
Determine that the proposed change will not
substantially injure or detract from the use of neighboring property
or from the character of the neighborhood and that the use of property
adjacent to the area of the proposed use or change is adequately safeguarded.
(3)
Determine that the proposed use or change will
not have a harmful effect on local vehicular or pedestrian traffic
due to any of the following:
(4)
Determine that the proposed use or change is
consistent with the policies contained within the Whitemarsh Township
Comprehensive Plan.
(5)
Determine that the surrounding neighborhood
will not be subjected to objectionable noise, lighting, glare, heat,
ventilation, smoke, fumes, vapors, dust, dirt, gases or radioactive
or electrical disturbances by the proposed use or change.
(6)
Determine that the proposed use or change does
not unduly burden sanitary, school, police, fire, park or other public
facilities.
B.
In the case of a variance, the Board may grant a variance
pursuant to the standards set forth in the Pennsylvania Municipalities
Planning Code, as amended.
C.
The Board may impose such conditions as are necessary
to assure that the intent of the Zoning Ordinance is complied with.
D.
The Zoning Hearing Board may request the review and
recommendation of technical agencies, such as the Montgomery County
Planning Commission, or other planning agencies to assist in determining
the impact of the proposed uses.
[Added 8-23-1990 by Ord. No. 604]
The burden of proof shall always be on the applicant
before the Zoning Hearing Board to sustain his appeal before the Zoning
Hearing Board, and in any application for a special exception, the
burden shall be upon the applicant to prove that approval of the application
will not be detrimental to the health, safety and general welfare
of the community.
In exercising the above-mentioned powers, the
Zoning Hearing Board may reverse or affirm, wholly or in part, or
may modify the order, requirement, decision or determination appealed
from and may make such additional order, requirement, decision or
determination as ought to be made, and to that end, shall have all
the powers of the officer from whom the appeal is taken.
The Zoning Hearing Board shall adopt rules of
procedure and forms in accordance with the Zoning Ordinance and the
Pennsylvania Municipalities Planning Code and its amendments.
[Amended 8-23-1990 by Ord. No. 604]
A.
Upon the filing with the Board of an appeal or of
an application for any matter within its jurisdiction, the Board shall
fix a reasonable time and place for a public hearing thereon, and
shall:
(2)
Mail notice thereof to every resident or association
of residents of the Township who shall have registered, in writing,
their names and addresses for this purpose with the Zoning Hearing
Board or the Township Manager on or after January 1 of the calendar
year when said public hearing is held but prior to the conclusion
of any such public hearing. Any such registration of name(s) effected
prior to January 1 of any calendar year in which a public hearing
is held by the Zoning Hearing Board will not be recognized as a registration
for the purpose of this section.
(3)
Mail notice thereof to the owner or owners,
if their residence is known, or to the occupier or occupiers of every
lot within 500 feet of said lot or building, provided that failure
to give a notice required by this subsection shall not invalidate
any action taken by the Board.
B.
Notices herein required shall state the location of
the building or lot and the general nature of the question involved.
The Zoning Hearing Board shall consider in making
its official findings or decisions only evidence properly submitted
at hearings, with the exception of legal briefs, provided that all
parties are given an equal opportunity to submit legal briefs and
any responses thereto, but the allowance of the submission of such
legal briefs and responses thereto shall be entirely within the discretion
of the Zoning Hearing Board. Information from federal, state or county
agencies when submitted on official stationery shall be admitted as
evidence only at public hearings, and the Zoning Hearing Board, in
its sole discretion, shall determine the weight to be given to such
evidence. Information from the Whitemarsh Township Planning Commission
or from any other Township agency, board, commission or committee
shall be submitted to the Zoning Hearing Board only at public hearings
as authorized by the Board of Supervisors or the Township Manager,
but this shall not prevent any member of an official agency, board,
commission or committee of Whitemarsh Township from appearing and
being heard as a private citizen.
[Amended 6-16-1994 by Ord. No. 661; 9-25-2008 by Ord. No.
862]
A.
Unless
otherwise specified by the Board, all approvals granted by the Zoning
Hearing Board shall automatically expire 365 days after the date of
the decision unless:
(1)
The
applicant has acted upon the approval by obtaining the required permit(s)
and paying the prescribed fees for same; or
(2)
The
Zoning Hearing Board decision is on appeal to the courts, at which
point the approval, if upheld on appeal, shall expire 365 days after
final determination on appeal.
B.
The Zoning
Hearing Board may extend the expiration date of approvals for a period
of 180 days upon request by the applicant, provided that the applicant
is, in the opinion of the Zoning Hearing Board, diligently pursuing
governmental and/or regulatory approvals as required. Requests for
extensions shall be in writing and submitted to the Zoning Hearing
Board at least 30 days before any applicable expiration date. Only
one extension may be provided for any application.
Appeals from the decisions of the Zoning Hearing
Board shall be in accordance with the Rules of Procedure of the Zoning
Hearing Board and the Pennsylvania Municipalities Planning Code and
its amendments.
The fees for applications to the Zoning Hearing
Board, for cost of stenographic record of the same, and for subpoenas,
shall be in accordance with a schedule adopted by resolution of the
Board of Supervisors.
In addition to the requirements of § 908
of the Pennsylvania Municipalities Planning Code and its amendments,
a copy of the decision or findings of the Zoning Hearing Board shall
be mailed or delivered promptly to each of the following: the Chairman
of the Board of Supervisors, the Chairman of the Whitemarsh Township
Planning Commission, the Township Manager, the Township Secretary
and the Township Zoning Officer.
A.
In passing upon applications for special exceptions
and variances or appeals of decisions of the Zoning Officer within
the Floodplain Conservation District, the Zoning Hearing Board shall
consider all relevant factors and procedures specified in other sections
of the Zoning Ordinance in addition to the following:
(1)
The danger to life and property due to increased
flood heights or velocities caused by encroachments subject to the
following:
[Amended 5-14-1998 by Ord. No. 708]
(a)
In the floodplain fringe, no special exception
or variance shall be granted for any proposed use, development or
activity that will cause any increase in the flood elevation of the
one-hundred-year-frequency recurrent interval flood by more than one
foot at any point.
(b)
In the floodway, no special exception or variance
shall be granted for any proposed use, development or activity that
will cause any increase in flood levels during the one-hundred-year
flood.
(2)
The danger that materials may be swept onto
other lands or downstream to the injury of others.
(3)
The proposed water supply and sanitation systems
and the ability of these systems to perform properly and to prevent
disease, contamination and unsanitary conditions.
(4)
The susceptibility of the proposed facility
and its contents to flood damage and the effect of such damage on
the individual owners.
(5)
The importance of the services provided by the
proposed facility to the community.
(6)
The requirements of the facility for a waterfront
location.
(7)
The availability of alternative locations not
subject to flooding for the proposed use.
(8)
The relationship of the proposed use to the
Whitemarsh Township Comprehensive Plan and any floodplain management
programs for the area.
(9)
The safety, availability and means of access
to the property for emergency services and vehicles in time of flooding.
(10)
The expected heights, velocity, duration, rate
of rise and sediment transport of the floodwaters expected at the
site.
(11)
Such other factors which may be relevant.
B.
The Zoning Hearing Board may refer any application
and accompanying documentation pertaining to any requests for special
exceptions, variances or appeals of decisions of the Zoning Officer,
to any engineer or other qualified person or agency for technical
assistance in evaluating the proposed project in relation to flood
heights and velocities, and the adequacy of the plans for protection
and other related matters.
C.
Special exceptions or variances shall only be issued
after the Zoning Hearing Board has determined that the granting of
such will not result in:
D.
The Zoning Officer shall notify the applicant in writing
that:
E.
The Zoning Officer shall report all such variances
and special exceptions in an annual report to the Federal Insurance
Administrator.
F.
The granting of a variance for the construction, modification,
alteration, repair, reconstruction or improvements of any kind to
the following obstructions and activities shall be conditioned upon
the subsequent issuance of a special permit in accordance with the
Pennsylvania Floodplain Management Act (Act 166 of 1978)[1] and regulations adopted by the Department of Community
Affairs, as amended:
[Added 1-13-1983 by Ord. No. 458]
(1)
Hospitals, public or private.
(2)
Nursing or convalescent homes, public or private.
(3)
Jails.
(4)
Mobile home parks or mobile home subdivisions.
[1]
Editor's Note: See 32 P.S. § 679.101
et seq.
