A.
There shall be a Zoning Hearing Board consisting of five residents
of the Township, who shall be appointed by resolution by the Board
of Commissioners. The existing Zoning Hearing Board, as of this date
(June 13, 1989), shall be continued, and its membership is hereby
ratified. The members of the existing Board shall continue in office
until their terms of office would expire under prior law. The members
whose terms expire may be reappointed or their successors appointed
to a term of office of five years and shall be so fixed that the term
of office of one member shall expire each year. The Board of Commissioners
shall appoint members to the Zoning Hearing Board with terms scheduled
to expire in accordance with the provisions of the current law. The
Board of Commissioners shall, by resolution, appoint successors and
shall fill any vacancy for the unexpired portion of such vacant term.
The Board may reappoint members at the expiration of their term. Members
of the Board shall hold no other office in the Township.
B.
The Board of Commissioners may appoint by resolution at least one
but no more than three residents of the Township 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 this section,
an alternate shall be entitled to participate in all proceedings and
discussion 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 act and as otherwise provided
by law. Alternates shall hold no other office in the Township, including
membership on the Planning Commission and Code Enforcement Office.
Any alternate may participate in any proceedings or discussion of
the Board but shall not be entitled to vote as a member of the Board
nor be compensated pursuant to the Municipalities Planning Code unless
designated as a voting alternate member pursuant to this section.
C.
Any member of the Board may be removed for malfeasance, misfeasance
or nonfeasance in office or for other just cause by a majority vote
of the Board of Commissioners, taken after the Board member has received
15 days' advance written notice of the intent to take such a vote,
and a hearing shall be held in connection with such vote if the member
shall so request in writing.
The Board of Commissioners may appoint by resolution at least one but not more than three residents of the Township to serve as alternative members of the Zoning Hearing Board, who shall be governed as provided in § 143-139, entitled "Organization and procedures."
A.
The Board shall elect from its own membership its officers, who shall
serve annual terms and may succeed themselves. For the conduct of
any hearing and the taking of any action, a quorum shall be required
consisting of not less than a majority of all the members of the Board.
B.
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.
C.
The Board may make, alter and rescind rules and forms for its procedures
consistent with this ordinance and the laws of the Commonwealth of
Pennsylvania. 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.
D.
Within the limits of funds appropriated by the Board of Commissioners,
the Board may employ or contract for secretaries, clerks, attorneys,
consultants and other technical and clerical services. However, the
Solicitor for the Zoning Hearing Board shall be a different individual
and from a different firm than the Solicitor for the Board of Commissioners.
The Zoning Hearing Board shall have exclusive jurisdiction to
hear and render final adjudications in the following matters:
A.
Challenge to the validity of the Zoning Ordinance or Zoning Map.[1] The Zoning Hearing Board shall hear challenges to the
validity of a Zoning Ordinance Map as follows:
(1)
A landowner who, on substantive grounds, desires to challenge
the validity of an ordinance or map or any provision thereof which
prohibits or restricts the use of development of land in which he
has an interest shall submit the challenge to either the Zoning Hearing
Board or the Board of Commissioners.
(2)
Persons aggrieved by a use or development permitted on the land
of another by an ordinance or map or any provision thereof, who desire
to challenge its validity shall submit their challenge pursuant to
Sections 909.1 and 609.1 of Act 247, as amended by Act 170.[2]
[2]
Editor's Note: See 53 P.S. §§ 10909.1 and 10609.1,
respectively.
(3)
In addition to the procedures set forth in Section 916.1 of
the Municipalities Planning Code,[3] in all such challenges, the Zoning Hearing Board shall
decide all contested questions and shall make findings on all relevant
issues of fact and of interpretation and submit such findings as part
of the record on appeal to the court.
[3]
Editor's Note: See 53 P.S. § 10916.1.
[1]
Editor's Note: The Zoning Map is included at the end of this
chapter.
B.
Variances. The Board shall hear requests for variances where it is
alleged that the provisions of the Zoning Ordinance inflict unnecessary
hardship upon the applicant. The Board may grant a variance, 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 or 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 the Zoning Ordinance 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 the Zoning Ordinance 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 or ordinance in issue, and, in granting
any variance, the Board may attach such reasonable conditions and
safeguards as it may deem necessary to implement the purposes of the
Zoning Ordinance.
C.
Special exceptions.
(1)
The Board shall hear and decide special exceptions in accordance
with the standards set forth below, and, in granting special exceptions,
the Board may attach such reasonable conditions and safeguards, in
addition to those expressed in this ordinance, as it may deem necessary
to implement the purposes of this ordinance.
(2)
Whenever the Board hears a special exception for uses specified in this ordinance, the following general standards shall be considered, in addition to those set forth in Article XIX, § 143-137.
(a)
If the use(s) is in accordance with the Township Comprehensive
Plan and consistent with the spirit, purposes and intent of this ordinance.
(b)
If the use(s) is in the best interest of the Township, the convenience
of the community, the public welfare and is an improvement to property
in the immediate vicinity.
(c)
If the use(s) is suitable for the property in question and designed,
constructed, operated and maintained so as to be in harmony with and
appropriate in appearance with the existing or intended character
of the general vicinity.
(d)
If the use(s) is sufficiently screened or buffered from adjoining
use in terms of trees, shrubs and other suitable plantings.
(e)
If the use(s) is suitable in terms of the logical, efficient
and economical extension of public services and facilities, such as
public water, public sewer, police and fire protection, public schools
and the like.
(f)
If the use is suitable in terms of effects on street traffic
and safety with adequate pedestrian and vehicular access arrangements
to protect streets from undue congestion and hazard. The Zoning Hearing
Board may impose whatever conditions regarding layout, circulation
and performance it deems necessary to ensure that any proposed development
will substantially secure the objectives of this ordinance.
(3)
Standards for communications towers as special exceptions.
(a)
The applicant shall demonstrate that it is licensed by the Federal
Communications Commission to operate a communications tower, if applicable,
and communications antennas.
(b)
The applicant shall demonstrate that the proposed communications
tower and communications antennas proposed to be mounted thereon comply
with all applicable standards established by the Federal Communications
Commission governing human exposure to electromagnetic radiation.
(c)
Communications towers shall comply with all applicable Federal
Aviation Administration, Commonwealth Bureau of Aviation and applicable
airport zoning regulations,
(d)
Any applicant proposing construction of a new communications
tower shall demonstrate that a good faith effort has been made to
obtain permission to mount the communications antennas on an existing
building, structure or communications tower. A good faith effort shall
require that all owners of potentially suitable structures within
a one-quarter-mile radius of the proposed communications tower site
be contacted and that one or more of the following reasons for not
selecting such structure apply:
[1]
The proposed antennas and related equipment would exceed the
structural capacity of the existing structure, and its reinforcement
cannot be accomplished at a reasonable cost.
[2]
The proposed antennas and related equipment would cause radio
frequency interference with other existing equipment for that existing
structure, and the interference cannot be prevented at a reasonable
cost.
[3]
Such existing structures do not have adequate location, space,
access or height to accommodate the proposed equipment or to allow
it to perform its intended function.
[4]
Addition of the proposed antennas and related equipment would
result in electromagnetic radiation from such structure exceeding
applicable standards established by the Federal Communications Commission
governing human exposure to electromagnetic radiation.
[5]
A commercially reasonable agreement could not be reached with
the owners of such structures.
(e)
Access shall be provided to the communications tower and communications
equipment building by means of a public street or easement to a public
street. The easement shall be a minimum of 20 feet in width and shall
be improved to a width of at least 10 feet with a dust-free, all-weather
surface for its entire length.
(f)
A communications tower may be located on a lot occupied by other
principal structures and may occupy a leased parcel within a lot meeting
the minimum lot size requirements for the zoning district.
(g)
Recording of a plat of subdivision or land development shall
not be required for a lease parcel on which a communications tower
is proposed to be constructed, provided that the communications equipment
building is unmanned.
(h)
The applicant shall demonstrate that the proposed height of
the communications tower is the minimum height necessary to perform
its function.
(i)
In all zoning districts, the maximum height of any communications
tower shall be 150 feet; provided, however, that such height may be
increased to no more than 200 feet, provided that the required setbacks
from adjoining property lines (not lease lines) are increased by one
foot for each one foot of height in excess of 150 feet.
(j)
The foundation and base of any communications tower shall be
set back from a property line (not lease line) located in any residential
district at least 100 feet and shall be set back from any other property
line (not lease line) at least 50 feet.
(k)
The base of a communications tower shall be landscaped so as
to screen the foundation and base and communications equipment building
from abutting properties.
(l)
The communications equipment building shall comply with the
required yards and height requirements of the applicable zoning district
for an accessory structure.
(m)
The applicant shall submit certification from a Pennsylvania-registered
professional engineer that a proposed communications tower will be
designed and constructed in accordance with the current Structural
Standards for Steel Antenna Towers and Antenna Supporting Structures,
published by the Electrical Industrial Association/Telecommunications
Industry Association and applicable requirements of Springfield Township's
Building Code.[4]
(n)
The applicant shall submit a copy of its current Federal Communications
Commission license; the name, address and emergency telephone number
for the operator of the communications tower; and a certificate of
insurance evidencing general liability coverage in the minimum amount
of $1,000,000 per occurrence and property damage coverage in the minimum
amount of $1,000,000 per occurrence covering the communications tower
and communications antennas.
(o)
All guy wires associated with guyed communications towers shall
be clearly marked so as to be visible at all times and shall be located
within a fenced enclosure.
(p)
The site of a communications tower shall be secured by a fence
with a maximum height of eight feet to limit accessibility by the
general public.
(q)
No signs or lights shall be mounted on a communications tower,
except as may be required by the Federal Communications Commission,
Federal Aviation Administration or other governmental agency which
has jurisdiction.
(s)
If a communications tower remains unused for a period of 12
consecutive months, the owner or operator shall dismantle and remove
the communications tower within six months of the expiration of such
twelve-month period.
(t)
One off-street parking space shall be provided within the fenced
area.
E.
Challenges to the validity of this 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.
F.
Appeals from the determination of the Code Enforcement 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.
G.
Appeals from a determination by the Township Engineer or the Code
Enforcement Officer with reference to the administration of the Flood
Hazard District provisions of this ordinance.
I.
Appeals from the determination of the Code Enforcement Officer or
Township Engineer in the administration of this ordinance or provisions
thereof with reference to sedimentation and erosion control and stormwater
management insofar as the same relate to development.
J.
Applications for variance from the terms of the Flood Hazard District
of this ordinance.
K.
Applications for special exceptions under the Flood Hazard District
of this ordinance.
L.
All requests for reasonable accommodation for handicapped persons
under the Fair Housing Amendment Act of 1988,[8] the Americans with Disabilities Act[9] or any other statutes shall be reviewed by the Township
Planning Commission, with a recommendation made to the Township Zoning
Hearing Board, who at a public meeting will determine the appropriateness
of the requested accommodation. After review of the evidence presented
at the public hearing, the Zoning Hearing Board shall render a decision
on the aforesaid request. Each request shall be reviewed on its own
merits in accordance with the appropriate federal statutes and the
case law interpreting those statutes.
Any variance or special exception granted in accordance with
this ordinance is void if the applicant fails to obtain the necessary
Township approvals and permits within 12 months from the date of the
grant of a variance or special exception or, having obtained the necessary
approvals or permits, fails to commence work thereunder within six
additional months.
The Board shall conduct hearings and make decisions in the following
manner:
A.
All hearings shall be public.
B.
Notice of hearings shall be given to the public and to the persons
hereinafter designated in the following manner:
(1)
To the public, pursuant to public notice as defined by this
ordinance.
(2)
To the applicant, the Code Enforcement Officer, the Township
Manager, each member of the Planning Commission, each member of the
Board of Commissioners, to abutting owners and owners of properties
within 250 feet of the affected tract of land and to all parties in
interest or their counsel, if such counsel shall have filed appearance
with the Board, by mailing notice of the time, place and purpose of
the hearing at least 10 days in advance of the date fixed for hearing.
(3)
Notice of hearings, both published and written, shall state,
in addition to the time, place and purpose of the hearing, the location
of the lot, tract or structure involved and the nature and extent
of the relief sought and the general nature of the question involved.
Notice of said hearing shall be conspicuously posted on the affected
tract of land. 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.
(4)
In the event that more than one hearing is required to consider any application or a hearing is continued while in progress to another date, announcement at the hearing to be continued shall be deemed adequate notice of said continued or subsequent hearing. In the event the date or time of the hearing is changed, then public notice must again be provided as set forth in Subsection B(1) and (2) above. If for any reason the continued hearing is not held within 45 days of the first hearing, then notice must be provided in accordance with Subsection B(1) and (2) above.
C.
Hearings shall be conducted by the Board and the Chairman or, in
his absence, the acting Chairman, who shall administer oaths and may
issue subpoenas to compel the attendance of witnesses and the production
of relevant documents and papers, including witnesses and documents
requested by the parties.
D.
The parties to the hearing shall be the Township, any person affected
by the application who has made a timely appearance of record before
the Board and any other person, including civic or community organizations,
permitted to appear by the Board. All persons who wish to be considered
parties must enter appearances in writing.
E.
The parties shall have the right to be represented by counsel and
shall be afforded the opportunity to respond and present evidence
and cross-examine adverse witnesses and the Board shall keep a stenographic
record of the proceedings, and a transcript of the proceedings and
copy of graphic or written material received in evidence shall be
made available to any party at cost.
F.
The Board 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 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 respective counsel unless all parties are given an opportunity
to be present.
G.
The Board 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 unless waived by the applicant
according to law. Each decision shall be accompanied by findings of
fact and conclusions based thereon, together with the reasons therefor.
Conclusions based on any Township 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.
Where the Board fails to render a decision within the period required,
the decision shall be deemed to have been rendered in favor of the
applicant, unless the applicant has agreed in writing to an extension
of time.
H.
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 in accordance with the law, and, to all other persons
who have filed their names and addresses 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 where the full decisions or findings may be examined.
A.
All appeals and applications made to the Board shall be in writing
on forms prescribed by the Board.
B.
Every appeal or application shall refer to the specific provision
of this ordinance involved and shall exactly set forth the interpretation
that is claimed, the grounds for any challenges to the validity of
this ordinance, the use for which a special exception is sought or
the details of the variance that is applied for and the grounds on
which it is claimed that the variance should be granted, as the case
may be.
C.
Applications and appeals, together with the required filing fee,
as established by resolution of the Board of Commissioners, shall
be submitted to the Code Enforcement Officer for referral to the Zoning
Hearing Board.
