[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
The Zoning Hearing Board is to carry out the functions described
in this section and under the procedures established by the Pennsylvania
Municipalities Planning Code, as amended,[1] for the operation of such a Zoning Hearing Board, hereafter
called the "Board."
A.
Zoning Hearing Board.
(1)
There is hereby created for the Township a Zoning Hearing Board
in accordance with the provisions of Article IX of the Pennsylvania
Municipalities Planning Code, 53 P.S. § 10901 et seq.
(2)
The membership of the Board shall consist of three residents
of the Township appointed by resolution by the Board of Supervisors.
The terms of office shall be for three years and shall be so fixed
that the term of office of one member shall expire each year. 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. Members of the Board shall hold no
other office in the Township. Alternates may be appointed in accordance
with the Pennsylvania Municipalities Planning Code, 53 P.S. § 10901
et seq.
(3)
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 shall request it in writing.
(4)
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 this chapter.
(5)
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 Board of Supervisors
as requested by the Board of Supervisors.
(6)
Within the limits of funds appropriated by the Board of Supervisors,
the Board may employ or contract for secretaries, clerks, legal counsel,
consultants and other technical and clerical services. Members of
the 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.
B.
Hearings. The Zoning Hearing Board will conduct hearings and make
decisions in accordance with the Municipalities Planning Code.[2] A copy of the Municipalities Planning Code is available
for review in the Township Building. The Board of Supervisors shall
establish, by resolution, fees with respect to hearings before the
Zoning Hearing Board.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
C.
Jurisdiction.
(1)
The Zoning Hearing Board shall have exclusive jurisdiction to
hear and render final adjudications in the following matters:
(a)
Substantive challenges to the validity of any land use ordinance,
except those brought before the Board of Supervisors pursuant to Sections
609.1 and 916.1(a)(2) of the Pennsylvania Municipalities Planning
Code (hereinafter "MPC"), 53 P.S. §§ 10609.1 and 10916.1.[3]
(b)
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, the issuance of any cease-and-desist
order or the registration or refusal to register any nonconforming
use, structure or lot.
(c)
Appeals from a determination by the Township Engineer or the
Zoning Officer with reference to the administration of any floodplain
or flood hazard ordinance or such provisions within a land use ordinance.
(d)
Applications for variances from the terms of this chapter and
a flood hazard ordinance or such provisions within a land use ordinance,
pursuant to Section 910.2 of the MPC, 53 P.S. § 10910.2.
(e)
Applications for special exceptions under this chapter or a
floodplain or flood hazard ordinance or such provisions within a land
use ordinance, pursuant to Section 912.1 of the MPC, 53 P.S. § 10912.1.
(f)
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.
(g)
Appeals from the Zoning Officer's determination under Section
916.2 of the MPC, 53 P.S. § 10916.2.
(h)
Appeals from the determination of the Zoning Officer or Township
Engineer in the administration of any land use ordinance or provision
thereof with reference to sedimentation and erosion control and stormwater
management insofar as the same relate to development not involving
applications under Article V or VII of the MPC, 53 P.S. §§ 10501
et seq. and 10701 et seq.
D.
Variances.
(1)
The Zoning Hearing 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 lot 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 lot is located.
(b)
That, because of such physical circumstances or conditions,
there is no possibility that the lot 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 lot.
(c)
That such unnecessary hardship has not been created by the applicant.
(d)
That the variance, if authorized, will not alter the essential
character of the neighborhood or district in which the lot is located,
nor substantially or permanently impair the appropriate use or development
of adjacent lots, 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 this chapter and the Pennsylvania Municipalities Planning
Code, 53 P.S. § 10101 seq.
E.
Special Exceptions. Where the Board of Supervisors, in this chapter,
has stated special exceptions to be granted or denied by the Zoning
Hearing Board pursuant to express standards and criteria, the Board
shall hear and decide requests for such special exception in accordance
with such standards and criteria. 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 and the Pennsylvania Municipalities
Planning Code, 53 P.S. § 10101 et seq.
F.
Parties Appellant Before the Board. Appeals raising the substantive
validity of any land use ordinance (except those to be brought before
the Board of Supervisors pursuant to the Pennsylvania Municipalities
Code), or 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, the issuance of any cease-and-desist
order or the registration or refusal to register any nonconforming
use, structure or lot; from a determination by the Township Engineer
or the Zoning Officer with reference to the administration of any
floodplain or flood hazard ordinance or such provisions within a land
use ordinance; 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; from the determination
of the Zoning Officer or Township Engineer in the administration of
any land use ordinance or provision thereof with reference to sedimentation
and erosion control and stormwater management insofar as the same
relate to development not involving subdivision and land development
or planned residential development 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
and for special exception may be filed with the Board by any landowner
or any tenant with the permission of such landowner.
[Amended at time of adoption of Code (see Ch. AO)]
G.
Time Limitations.
(1)
No person shall be allowed to file any proceeding with the Zoning
Hearing Board later than 30 days after an application for development,
preliminary or final, has been approved by the Township 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, 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. The failure of anyone
other than the landowner to appeal an adverse decision on a tentative
plan or from an adverse decision by the Zoning Officer on a challenge
to the validity of this chapter or an amendment hereto or to the map
or an amendment thereto shall preclude an appeal from a final approval,
except in the case where the final submission substantially deviates
from the approved tentative approval.
(2)
All appeals from determinations adverse to the landowner shall
be filed by the landowner within 30 days after notice of the determination
is issued.
H.
Stay of Proceedings.
(1)
Upon filing of any appeal proceeding before the Zoning Hearing
Board 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 lot, 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.
(2)
After the petition is presented, the court shall hold a hearing
to determine if the filing of the appeal is 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.
(3)
The question of 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.
(4)
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 attorneys' fees incurred by the petitioner.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
The Board shall hear and determine appeals from decisions of the Zoning Officer with respect to requests for reasonable accommodation under the Fair Housing Amendments Act or the Americans with Disabilities Act. In hearing such an appeal, the Board shall apply the criteria set forth in § 27-1801 of this chapter. In granting a request for reasonable accommodation, the Board may attach such reasonable safeguards and/or limitations as it may deem necessary to properly implement this chapter and protect the public health, safety and welfare in a manner consistent with the requirements of the Fair Housing Amendments Act or the Americans with Disabilities Act. In handling a request for reasonable accommodation, the Board shall be governed by the criteria set forth in § 27-1801 to the fullest extent as may be consistent with the Fair Housing Amendments Act and the Americans with Disabilities Act.
