[Amended 8-24-1989 by Ord. No. 89-09]
A.
The membership of the Board shall, upon the determination of the
Township Supervisors, consist of either three or five residents of
the Township appointed by resolution by the Township Supervisors.
The Board currently consists of three members. The terms of office
of 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. The
terms of office of a five-member Board shall expire each year, and
of the initial appointments of the two additional members, one shall
be appointed for a two-year term. 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 terms of office would expire
under prior law. The Township Supervisors shall appoint two additional
members to the Board with terms scheduled to expire in accordance
with the provisions of this subsection. The Board shall promptly notify
the Township Supervisors 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.
[Amended 11-14-1991 by Ord. No. 91-09]
B.
A five-member Board shall not be changed to a three-member Board
except upon an affirmative vote on the question by a majority of the
electors of the Township voting thereon at a referendum held at the
municipal or general election prior to a year in which the terms of
two of the members of the Board expire.
C.
The governing body may appoint by resolution at least one but no more than three residents of the municipality to serve as alternate members of the Board. The term of office of an alternate member shall be three years. When seated pursuant to the provisions of § 150-297, an alternate shall be entitled to participate in all proceedings and discussions of the Board to the same and full extent as provided by law for Board members, including specifically the right to cast a vote as a voting member during the proceedings, and shall have all the powers and duties set forth in this article and as otherwise provided by law. Alternates shall hold no other office in the municipality, including membership on the Planning Commission and Zoning Officer. Any alternate may participate in any proceeding or discussion of the Board but shall not be entitled to vote as a member of the Board nor be compensated unless designated as a voting alternate member pursuant to § 150-297 of this article.
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 § 150-300. If, by reason of absence or disqualification of a member, a quorum is not reached, the Chairman of the Board shall designate as many alternate members of the Board to sit on the Board as may be needed to provide a quorum. Any alternate member of the Board shall continue to serve on the Board in all proceedings involving the matter or case for which the alternate was initially appointed until the Board has made a final determination of the matter or case. Designation of an alternate pursuant to this section shall be made on a case-by-case basis in rotation according to declining seniority among all alternates. 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 Township Supervisors upon request.
The Zoning Hearing Board shall have the exclusive jurisdiction
to hear and render decisions in the following matters:
A.
Substantive challenges to the validity of the Zoning Ordinance, except those brought before the governing body pursuant to § 150-377 of this chapter.
(1)
If a challenge heard by a Zoning Hearing Board is found to have
merit, the decision of the Zoning Hearing Board shall include recommended
amendments to the challenged ordinance which will cure the defects
found. In reaching its decision, the Zoning Hearing Board shall consider
the amendments, plans and explanatory material submitted by the landowner
and shall also consider:
(a)
The impact of the proposal upon roads, sewer facilities, water
supplies, schools and other public service facilities.
(b)
If the proposal is for a residential use, the impact of the
proposal upon regional housing needs and the effectiveness of the
proposal in providing housing units of a type actually available to
and affordable by classes of persons otherwise unlawfully excluded
by the challenged provisions of the ordinance or map.
(c)
The suitability of the site for the intensity of use proposed
by the site's soils, slopes, woodland, wetlands, floodplains, aquifers,
natural resources and other natural features.
(d)
The impact of the proposed use on the site's soils, slopes,
woodlands, wetlands, floodplains, natural resources and natural features,
the degree to which these are protected or destroyed, the tolerance
of the resources to development and any adverse environmental impacts.
(e)
The impact of the proposal on the preservation of agriculture
and other land uses which are essential to public health and welfare.
(2)
The Zoning Hearing Board shall render its decision within 45
days after the conclusion of the last hearing. If the Zoning Board
fails to act on the landowner's request within this time limit, a
denial of the request is deemed to have occurred on the 46th day after
the close of the last hearing.
(3)
The Zoning Hearing Board shall commence its hearings within
60 days after the request is filed unless the landowner requests or
consents to an extension of time.
B.
Challenges to the validity of the Zoning 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 the ordinance.
E.
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, or the issuance of any cease and
desist order.
[Amended 6-28-2001 by Ord. No. 01-03]
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.
I.
Appeals from the determination of the Zoning Officer or Municipal Engineer in the administration of any land use ordinance with reference to sedimentation and erosion control and/or stormwater management for applications not involving a subdivision/land development or a planned residential development as regulated in Articles V and VII of the Act,[3] respectively.
[3]
Editor's Note: See 53 P.S. § 10501 et seq. and 53
P.S. § 10701 et seq., respectively.
A.
Each application or appeal filed in the proper form with the required
data must be numbered serially and be placed upon the calendar of
the Board by the Secretary. Applications and appeals must be assigned
for hearing in the order in which they appear on the calendar; however,
all application must be submitted no more than 60 days before and
no less than 30 days prior to the required public hearing. However,
for good reason, the Board may order the advance of the application
or appeal. The Board must fix a reasonable time for hearings.
A.
The Board shall conduct hearings and make decisions in accordance
with the following requirements:
(1)
Public notice shall be given, and written notice shall be given
to the applicant, the Zoning Officer, such other persons as the Township
Board of Supervisors shall designate by ordinance and to any person
who has made a timely request for the same. Written notices shall
be given at such time and in such manner as shall be prescribed by
ordinance or, in the absence of ordinance provision, 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.
(2)
The Board of Supervisors may prescribe reasonable fees with
respect to hearings before the Zoning Hearing Board. Fees for said
hearings may include compensation for the secretary and members of
the Zoning Hearing Board, notice and advertising costs and necessary
administrative overhead connected with the hearing. The costs, however,
shall not include legal expenses of the Zoning Hearing Board, expenses
for engineering, architectural or other technical consultants or expert
witness costs.
(3)
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.
B.
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
municipality, 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.
C.
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.
D.
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.
E.
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.
F.
Formal rules of evidence shall not apply, but irrelevant, immaterial
or unduly repetitious evidence may be excluded.
G.
The Board or the 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.
H.
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.
I.
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 the Act[1] 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 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 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.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
J.
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.
K.
Whenever the Board imposes a condition or conditions with respect
to the granting of an application or appeal, this condition must be
stated in the order of the Board and in the permit issued pursuant
to the order by the Zoning Officer. This permit remains valid only
as long as the condition or conditions upon which it was granted or
the conditions imposed by this chapter are adhered to.
A.
Filing of variance.
(1)
An application may be made to the Zoning Hearing Board for a
variance where it is alleged that the provisions of this chapter inflict
unnecessary hardship upon the applicant. The application must be on
a form provided for that purpose by the Zoning Officer. It must be
filed with the Board and copies given to the Zoning Officer and Township
Planning Commission. The applicant must provide all the information
requested on the form, together with any other information and data
that may be required to advise the Board on the variance, whether
such information is called for by the official form or not. Unless
the form and information requested are complete at the time of submission,
the application will be returned to the applicant.
(2)
Unless otherwise specified or extended by the Board, a variance
authorized by it expires if the applicant fails to obtain a building
permit or use certificate within six months from the date of authorization
of the variance.
B.
Standards for variances. Where there is unnecessary hardship, the
Board may grant a variance in the application of the provisions of
this chapter, provided that 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 zone
in which the property is located;
(2)
That because of such physical circumstances or conditions, there
is not the 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 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 zone or neighborhood 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 regulations in issue; and
C.
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. These conditions shall be enforceable by the Zoning Officer and failure to comply with such conditions shall constitute a violation of this chapter and be subject to the penalties described in Article XXXI.
A.
Filing of special exception.
(1)
For any use permitted by special exception, a special exception
must be obtained from the Zoning Hearing Board. In addition to the
information required on the building permit application, the special
exception application must show:
(a)
Ground floor plans and elevations of proposed structures.
(b)
The names and addresses of adjoining property owners, including
properties directly across a public right-of-way.
(c)
A scaled drawing (site plan) of the site with sufficient detail
and accuracy to demonstrate compliance with all applicable provisions
of this chapter.
(d)
A written description of the proposed use in sufficient detail
to demonstrate compliance with all applicable provisions of this chapter.
(2)
Unless the form and information requested are complete at the
time of submission, the application will be returned to the applicant.
(3)
Unless otherwise specified or extended by the Zoning Hearing
Board, a special exception authorized by the Board expires if the
applicant fails to obtain, where required to do so, a building permit
or use certificate within six months of the date of the authorization
of the special exception.
C.
Conditions. The Zoning Hearing Board, in approving special exception applications, may attach conditions considered necessary to protect the public welfare and the Comprehensive Plan, including conditions which are more restrictive than those established for other uses in the same zone. These conditions shall be enforceable by the Zoning Officer, and failure to comply with such conditions shall constitute a violation of this chapter and be subject to the penalties described in Article XXXI.
D.
General standards.
(1)
A special exception may be granted when the Zoning Hearing Board
finds from a preponderance of the evidence produced at the hearing
that:
(a)
The proposed use, including its nature, intensity and location,
is in harmony with the orderly and appropriate development of the
zone.
(b)
Adequate water supply, sewage disposal, storm drainage and fire
and police protection are or can be provided for the use.
(c)
The use of adjacent land and buildings will not be discouraged
and the value of adjacent land and buildings will not be impaired
by the location, nature and height or buildings, walls and fences.
(d)
The use will have proper location with respect to existing or
future streets and will not create traffic congestion or cause nonresidential
traffic on local residential streets.
(2)
The applicant for a special exception shall have the burden
of proof, which shall include the burden of going forward with the
evidence and the burden of pursuasion on all questions of fact which
are to be determined by the Zoning Hearing Board.
F.
Site plan approval. Any site plan presented in support of the special exception pursuant to Subsection A(3) shall become an official part of the record for said special exception. Approval of any special exception will also bind the use in accordance with the submitted site plan; therefore, should a change in the site plan be required as part of the approval of the use, the applicant shall revise the site plan prior to the issuance of a building permit or certificate of use and occupancy. Any subsequent change to the use on the subject property not reflected on the originally approved site plan shall require the obtainment of another special exception approval.
Appeals under § 150-298E, F, G, H and I and proceedings to challenge this chapter under § 150-298A and B may be filed with the Board in writing by the landowner affected, any officer or agency of the Township or any person aggrieved. Requests for a variance under § 150-298D and for special exception under § 150-298C may be filed with the Board by any landowner or any tenant with the permission of such landowner. Any appeal shall state:
A.
The name and address of the appellant and applicant.
B.
The name and address of the landowner of the real estate to be affected.
C.
A brief description and location of the real estate to be affected
by such proposed change, together with a plot plan drawn to scale
with sufficient clarity to show the nature and character of the request.
D.
A statement of the present zoning classification of the real estate
in question, the improvements thereon and the present use thereof.
E.
A statement of the section of this chapter under which the request
may be allowed, and reasons why it should or should not be granted.
A.
No person shall be allowed to file any proceeding with the Board
later than 30 days after an application for development, preliminary
or final, has been approved by the Zoning Officer or the Board of
Supervisors 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 or 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 the Official Zoning Map[1] pursuant to Section 916.2 of the Act, as amended,[2] shall preclude an appeal from a final approval except
in the case where the final submission substantially deviates from
the approved tentative preliminary approval.
A.
Upon filing of any proceeding referred to in this section 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. After
the petition is presented, the court shall hold a hearing to determine
if the filing of the appeal if 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. 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.
B.
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.
Any person or taxpayer of the Township aggrieved by any decision
of the Board may, within 30 days after such decision of the Board,
seek review by the Court of Common Pleas of such decision in the manner
provided by the law of the Commonwealth of Pennsylvania and Article
X-A of the Act, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 11001-A et seq.
