A.
A Zoning Hearing Board is hereby created. The membership
of said Board shall consist of three residents of the Township appointed
by the Board of Supervisors. Their terms of office shall be three
years after expiration of the initial term; said initial term shall
be so fixed that the term of office of one member shall expire each
year. The Zoning Hearing Board shall promptly notify the Board of
Supervisors of any vacancies which occur. Appointment to fill vacancies
shall be only for the unexpired portion of the term. Members of the
Zoning Hearing Board shall hold no other office or be appointed to
any other board or commission in the Township.
B.
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 Zoning Hearing Board. Alternates shall
serve three-year terms and shall be entitled to participate in all
proceedings and discussions and to cast a vote if designated as a
voting alternate member. Alternates shall hold no other office or
be appointed to any other board or commission in the Township.
Any Zoning Hearing Board member or alternate
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.
The Zoning Hearing 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 Zoning Hearing Board, and alternates if appointed, but 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 Article IX, Section 908, of the Pennsylvania Municipalities Planning Code, Act 247, as amended.[1] The Zoning Hearing Board may make, alter and rescind rules
and forms for its procedure, consistent with ordinances of the Township
and law of the Commonwealth of Pennsylvania. 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.
[1]
Editor's Note: See 53 P.S. § 10908.
A.
The Zoning Hearing Board shall hear and decide appeals
from any order, requirement, decision or determination made by the
Zoning Officer in the administration of this chapter.
B.
The Zoning Hearing Board shall hear and decide all
matters referred to it or upon which it is required to pass under
this chapter.
C.
The Zoning Hearing Board shall hear requests for variances from the requirements of this chapter and Chapter 85, Floodplain Management, of the Code of the Township of Darlington where it is alleged that the provisions of the ordinance 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 the following findings are made where relevant in a given case:
(1)
That there are unique physical circumstance
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 the 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, nor be detrimental to the
public welfare; and
(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.
(6)
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.
D.
The Zoning Hearing Board shall hear and decide requests
for special exceptions in those cases where this chapter indicates
a special exception may be granted subject to compliance with the
standards and criteria prescribed. 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 this chapter.
E.
The Zoning Hearing Board may conduct a hearing and
take evidence on a substantive challenge and amendment to this chapter
filed by a landowner. The Board may further make findings of fact
relative to the challenge, and cause to be made a record or transcript,
which may serve as the basis for further action. The Zoning Hearing
Board shall not make recommendations or render an opinion in such
matters, and has no authority to alter, change, or otherwise grant
relief in such cases.
F.
The Zoning Hearing Board shall hear challenges of
validity raising procedural questions or alleged defect in the enactment
process if filed within 30 days after the effective date of said ordinance
or amendment.
G.
Appeals from the determination of the Municipal Engineer or Zoning Officer with reference to the administration of Chapter 85, Floodplain Management, shall be heard by the Zoning Hearing Board.
H.
Appeals from the determination of any officer or agency
charged with the administration of transfers of development rights
or density provisions shall be heard by the Zoning Hearing Board.
I.
Appeals from the determination of the Zoning Officer
or Municipal Engineer involving stormwater management or erosion and
sedimentation control measures shall be heard by the Zoning Hearing
Board relative to development other than subdivision or planned residential
development applications.
A.
The Board shall conduct public hearings following publication of notice of said hearings once each week for two consecutive weeks in a newspaper of general circulation in the municipality. Public notice shall be made as defined in Article III. In addition, written notice shall be provided to the applicant before the Board and other persons so designated by the Board. Written notice shall also be posted conspicuously on the subject property not less than seven days prior to the date of the public hearing.
B.
Fees for said hearings may include compensation for
the administrative overhead costs connected with the hearing. Costs
for legal expenses, engineering and technical consultants or expert
witnesses shall not be included.
C.
Within the funding limits established by the governing
body, the Board may employ or contract for secretaries, clerks, legal
counsel, consultants and other technical and clerical services. Members
of the Board and designated alternates may receive compensation for
the performance of their duties, but in no case shall it exceed the
rate of compensation of the Board of Supervisors.
D.
The Board or hearing officer, as the case may be,
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
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 cost thereof.
E.
The Board or 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 materials so noticed and shall not inspect the site or its surroundings
after commencement of hearings with any party or his representative
unless all parties are given an opportunity to be present.
F.
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 the Pennsylvania Municipalities
Planning Code, Act 247, as amended, or of any 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 said decision within 10 days from the last day
it could have met to render a decision in the same manner as provided
in Section 908, Subsection (1), of the Pennsylvania Municipalities
Planning Code, Act 247, as amended.[1] 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.
[1]
Editor's Note: See 53 P.S. § 10908.
G.
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.
Parties before the Board may utilize mediation
as an aid in completing such proceedings. Mediation shall supplement
not replace those procedures outlined in this article and shall not
be interpreted as expanding or limiting municipal police powers. Participation
shall be voluntary and be determined by the willingness of parties
to negotiate. Terms and conditions of mediation are as follows:
A.
Parties must establish a method of funding of the
mediation;
B.
The selected mediator shall have a working knowledge
of municipal zoning and subdivision procedures and demonstrate skills
in mediation;
C.
A time limit for completion or for suspending mediation
must be agreed upon;
D.
Suspension of time limits otherwise mandated by this
article may be agreed upon, provided there is written consent by the
mediating parties and by the applicant or municipal decisionmaking
body if either is not a party to the mediation;
E.
All parties must be identified and afforded an opportunity
to participate;
F.
Subject to legal restraints, parties shall determine
whether some or all mediation sessions are open or closed to the public;
G.
Mediated solutions shall be in writing, signed by
participating parties and shall become subject to review and approval
by the Zoning Hearing Board pursuant to procedures set forth in this
article;
H.
No offers or statements made in other than the final
written mediated agreement shall be admissible as evidence in any
subsequent judicial or administrative proceedings.
A.
The landowner shall file a request for a variance
with the Zoning Officer along with all maps, plans and text which
may be relevant to the request. Said request shall be accompanied
by a fee specified by the Board of Supervisors pursuant to the provisions
of this article.
B.
The Zoning Officer shall transmit the request and
any information received therewith, along with his comments on said
request to the Zoning Hearing Board.
C.
Upon receipt of a request for variance, the Board
shall establish a time and place to hear said request within 60 days.
Appeals arising from the Zoning Officer's decision on a specific provision of this chapter shall be handled in the same manner as outlined in § 172-165.
The granting or denial of a request for a use by special exception by the Zoning Hearing Board shall be in conformance with the provisions of § 172-130B.
Any person aggrieved by the rendering of a decision
by the Zoning Officer or Zoning Hearing Board shall have 30 days from
the date of said decision in which to file an appeal.
Appeals from a decision or from the findings of the Zoning Hearing Board shall be filed in the manner prescribed by Article IX of the Pennsylvania Municipalities Planning Code, Act 247, as amended.
