[Ord. 2000-03, 9/14/2000, Art. XIX, § 1900]
A Zoning Hearing Board (Board) is established in order that the objectives of this chapter may be fully and equitably achieved and a means for competent interpretations of this chapter be provided Jurisdiction of the Board shall be set forth hereinafter in Part
20.
[Ord. 2000-03, 9/14/2000, Art. XIX, § 1901]
The Zoning Hearing Board shall consist of five members, appointed
by the Board of Supervisors for five-year terms and shall be fixed
so that the term of office of one member of the five-member board
shall expire each year. Members of the Board shall hold no other Township
office. The 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.
[Ord. 2000-03, 9/14/2000, Art. XIX, § 1902]
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 Supervisors 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 requests it in writing. Vacancies shall be filled for the
unexpired term in the same manner as in the case of the original appointments.
[Ord. 2000-03, 9/14/2000, Art. XIX, § 1903]
1. Officers. The Board shall elect a Chairman from its membership, and
shall appoint a Secretary, and shall prescribe rules in accordance
with the provisions of the Municipalities Planning Code and this chapter
for the conduct of its affairs. The Chairman, or in his absence the
acting Chairman, may administer oaths and compel the attendance of
witnesses.
2. Meetings. 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 53 P.S. § 10908. The
Board may make, alter and rescind rules and forms for its procedure,
consistent with ordinances of the municipality and laws of the commonwealth.
The 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.
3. Records and Decisions. The Board shall keep records of its business
and other official actions, all of which shall be filed in the office
of the Board, and filed with the Board of Supervisors at least one
time a year, and shall be available to the public at reasonable times.
4. Compensation. The Board of Supervisors shall fix per meeting compensation
for the members of the Board, according to a schedule adopted by resolution
of the Supervisors upon the enactment of this chapter or as such schedule
may be amended from time to time. In no event shall the compensation
exceed the rate being paid to members of the Board of Supervisors.
[Ord. 2000-03, 9/14/2000, Art. XIX, § 1904]
Upon appeal from a decision by the Zoning Officer, the Zoning
Hearing Board shall decide any questions:
A. Involving the interpretation of any provisions of this chapter, including
determination of the exact location of any district boundary if there
is uncertainty with respect thereto.
B. Where it is alleged there is error in any order, requirements, decision,
or determination, including any order requiring an alleged violation
to stop, cease and desist, made by the Zoning Officer in the enforcement
of this chapter.
C. An appeal of the decision of the Zoning Officer will not act as a
stay of a cease and desist order.
[Ord. 2000-03, 9/14/2000, Art. XIX, § 1905]
1. The 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:
A. 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.
B. 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.
C. That such unnecessary hardship has not been created by the appellant.
D. 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.
E. 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.
2. In granting any variance, the Board may attach such reasonable conditions
and safeguards as it may deem necessary to implement the purposes
of the Pennsylvania Municipalities Planning Code and this chapter.
[Ord. 2000-03, 9/14/2000, Art. XIX, § 1906]
In exercising the above-mentioned powers, the Zoning Hearing
Board may in conformity with the law and the provisions of this chapter,
reverse or affirm wholly or partly, or may modify the order, requirement,
decision, or determination appealed from and may make such order,
requirement, decision, or determination as in its opinion ought to
be made. Notice of such decision shall forthwith be given to all parties
in interest.
[Ord. 2000-03, 9/14/2000, Art. XIX, § 1907]
1. Any appeal from the ruling of the Zoning Officer concerning the enforcement
and interpretation of the provisions of this chapter shall be filed
with the Zoning Officer within 30 days after the date of the Zoning
Officer's adverse decision is received by the landowner.
2. All appeals and applications made to the Board shall be in writing
on standard forms prescribed by the Zoning Hearing Board and accompanied
by fees prescribed by resolution of the Board of Supervisors.
3. All appeals and applications shall refer to the specific provisions
of this chapter involved.
[Ord. 2000-03, 9/14/2000, Art. XIX, § 1908]
Appeals under §
27-2000, Subsection
1A,
B,
C,
D,
E and
F, of this chapter 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 under §
27-1905 of this chapter and for special exception under §
27-1906 of this chapter may be filed with the Zoning Hearing Board by any landowner or any tenant with the permission of such landowner.
[Ord. 2000-03, 9/14/2000, Art. XIX, § 1909]
The 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, such other persons as the Board
of Supervisors shall designate by ordinance and to any person who
has made timely requests for the same. Written notice shall be given
to all real estate owners whose property adjoins the property subject
to the application. For the purpose of this notice requirement, properties
are adjoining or abutting even if separated by a street. In addition
to the written notices 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 Board of Supervisors may prescribe reasonable fees by resolution
with respect to hearings before the Zoning Hearing Board. Fees for
said hearings may include compensation for the Secretary and members
of the Board, notice and advertising costs and necessary administrative
overhead connected with the hearing. The costs, however, shall not
include legal expenses of the Board, expenses for engineering, architectural
or other technical consultants or expert witness costs.
C. 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.
D. The hearings shall be conducted by the Board. The decision or, where
no decision is called for, the findings shall be made by the Board.
E. 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 appearance
in writing on forms provided by the Board for that purpose.
F. The Chairman or Acting Chairman of the Board 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.
G. 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.
H. Formal rules of evidence shall not apply, but irrelevant, immaterial
or unduly repetitious evidence may be excluded.
I. The Board 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 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.
J. The Board shall not communicate, directly or indirectly, with any
party or his representatives in connection with any issue involved
except upon notice and where all parties have the opportunity to participate.
The Board shall not take notice of any communication, report, staff
memoranda, or other material, 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 surrounding after
the commencement of hearings with any party or his representative
unless all parties are given an opportunity to be present.
K. The Board shall render a written decision or, where no decision is
called for, make written findings on the application within 45 days
after the last hearing before the Board. Where the application is
contested or denied, each decision shall be accompanied by findings
of fact and conclusions based thereon, together with the reasons therefore.
Conclusions based on the provisions of any act of the commonwealth,
or any ordinance, rule, or regulation shall contain a reference to
the provision relied upon and the reasons why the conclusion is deemed
appropriate in light of the facts found. Where the Board fails to
render its decision within 45 days 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 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
1 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.
L. 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.
[Ord. 2000-03, 9/14/2000, Art. XIX, § 1910]
The applicant for any hearing before the Zoning Hearing Board
shall, at the time of making application, pay to the Zoning Officer,
for the use of the Township, a fee in accordance with the fee schedule
adopted by resolution of the Township Supervisors upon enactment of
this chapter, or as such schedule may be amended from time to time.