The Township Board of Commissioners shall and hereby does create
a Zoning Hearing Board. Unless the context clearly indicates otherwise,
the term "Board" shall refer to such Zoning Hearing Board.
Jurisdiction shall be in conformance with Pennsylvania Municipalities
Planning Code Section 909.1.[1]
[1]
Editor's Note: See 53 P.S. § 10909.1.
The membership of the Board shall consist of three residents
of the Township appointed by the Township Board of Commissioners.
Their terms of office shall be 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 Township Board of Commissioners 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 elected or appointed office in the municipality, nor shall any
member be an employee of the municipality.
The Township 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 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 elected or
appointed office in the municipality, including service as a member
of the Planning Commission or Zoning Officer, nor shall any alternate
be an employee of the municipality.
Any 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 Township Board of Commissioners 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.
Organization of the Board shall conform to the requirements
of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
Within the limits of funds appropriated by Township Board of
Commissioners, 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 Township Board of Commissioners,
but in no case shall it exceed the rate of compensation authorized
to be paid to the members of the Township Board of Commissioners.
Hearings shall be conducted in conformance with the Pennsylvania
Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
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 authorized by this article, provided
there is written consent by the mediating parties and by the applicant
or Zoning Hearing Board if either is not a party at the mediation,
may be agreed upon;
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 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.
The Board shall hear challenges to the validity of a zoning
ordinance amendment within 30 days after the effective date of such
ordinance or amendment or map, except as otherwise provided by law.
In all such challenges, the Board shall take evidence and make a record
thereon as provided by the applicable provisions of the Pennsylvania
Municipalities Planning Code, as it may be amended from time to time.
At the conclusion of the hearing, the Board shall decide all contested
questions and shall make findings on all relevant issues of fact,
which shall become part of the record on appeal to the court.
A.
The Board shall hear requests for variances where it is alleged that the provisions of this chapter or the provisions of Chapter 200, Floodplain Management, inflict unnecessary hardship upon the applicant. The Board may by rule prescribe the form of application and may require a preliminary application to the Zoning Officer. The Board may grant a variance, provided all of 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 area 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 such 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 regulations in issue.
B.
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, as it may be amended
from time to time,[1] and of this chapter.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
Appeals under 53 P.S. § 10909.1(a)(1), (3), (4), (7), (8) and (9) 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 § 400-109 hereof may be filed with the Board by any landowner or any tenant of a landowner with the permission of such landowner.
The time limitations for initiating certain proceedings with
the Board shall be in accordance with the Pennsylvania Municipalities
Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
Upon filing of any proceeding, 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 any 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 proceeding before the Board. 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.
