[Ord. 2-1976, 2/3/1976; as amended by Ord. 6-2005, 10/5/2005, § 2301]
1. 
There shall be a Zoning Hearing Board consisting of three residents of the Township, appointed by the Board of Supervisors in accordance with Article IX of the Pennsylvania Municipalities Planning Code, 53 P.S. 10901 et seq., as amended. 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 Board of Supervisors of any vacancy that occurs. 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.
2. 
The Board of Supervisors may appoint a resident of the Township to serve as an alternate member of the Board. The term of the alternate member shall be three years. The alternate member shall hold no other office in the Township. An alternate may participate in any proceeding or discussion of the Board, but shall not be entitled to vote as a member of the Board, or be compensated as a member as provided herein unless seated as a member in accordance with the provisions as set forth herein.
3. 
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 Supervisors, 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.
[Ord. 2-1976, 2/3/1976; as amended by Ord. 6-2005, 10/5/2005, § 2302; and by Ord. 4-2010, 6/16/2010, § I]
1. 
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 not be 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 herein.
2. 
The Chairman of the Board may designate the alternate member of the Board to replace any absent or disqualified member. If, by reason of absence or disqualification of a member, a quorum is not reached, the Chairman of the Board shall designate the alternate member of the Board to sit on the Board to reach a quorum. The alternate member so designated shall continue to serve on the Board in all proceeding involving the matter or case for which the alternate was initially appointed, until the Board has made a final decision on the matter or case. The alternate member appointed by the Chairman under this section shall be the person appointed as an alternate member by the Board of Supervisors under § 27-2301, Subsection 2, above.
3. 
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.
[Ord. 2-1976, 2/3/1976; as amended by Ord. 6-2005, 10/5/2005, § 2303]
1. 
The Board shall function in strict accordance with and pursuant to § 909.1 of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10909.1, and shall have all powers set forth therein including, but not limited to, the following:
A. 
To hear and decide appeals where it is alleged that the Township Zoning Officer has failed to follow prescribed procedures or has misinterpreted or misapplied any provision of a valid rule or regulation governing the action of the Zoning Officer.
B. 
To hear and decide requests for special exceptions authorized by this chapter in accordance with the standards for criteria set forth below. The Zoning Hearing Board may attach such reasonable conditions and safeguards, as it may deem necessary to implement the purpose of the Code of Ordinances and this chapter.
C. 
To hear requests for variances where it is alleged that the provisions of this chapter inflict unnecessary hardship upon the applicant. A variance may be granted only after the Zoning Hearing Board has made the findings as required in this chapter. In granting a variance, the Zoning Hearing Board may attach such reasonable conditions and safeguards, as it may deem necessary as prescribed in § 27-2309 to implement the purposes of the Code of Ordinances and this chapter.
D. 
To conduct hearings and make such decisions and findings in connection with challenges to the validity of any provisions of this chapter as authorized by § 909 of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10909.
E. 
To exercise jurisdiction over all other proceedings over which the Zoning Hearing Board is given jurisdiction pursuant to the Municipalities Planning Code.
[Ord. 2-1976, 2/3/1976; as amended by Ord. 2-1990, 3/5/1990, § 1; and by Ord. 6-2005, 10/5/2005, § 2304]
1. 
The Board may adopt rules of procedure in accordance with the several provisions of this chapter as to the manner of filing appeals, applications for special exceptions or variances, and as to the conduct of the business of the Board. In all cases the rules of procedure shall be consistent with the Municipalities Planning Code.
2. 
The Board of Supervisors may employ or contract for secretaries, clerics, consultants, and other technical and clerical services. Members of the Board, including the alternate member when designated in accordance with this article, may receive compensation for the performance of their duties, as may be fixed by the Board of Supervisors.
3. 
The Board of Supervisors may, by resolution, 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 experts witness costs.
[Ord. 2-1976, 2/3/1976; as amended by Ord. 10-1997, 11/5/1997; and by Ord. 6-2005, 10/5/2005, § 2305]
Hearings of the Board shall be held at the call of the Chairman, and at such other times as the Board may determine. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings showing the vote of each member upon each question, or if a member is absent or fails to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed with the Township Secretary and shall be a public record.
[Ord. 2-1976, 2/3/1976; as amended by Ord. 6-2005, 10/5/2005, § 2306]
Appeals to the Board may be filed by an affected landowner, an officer or agency of the Township or an aggrieved person. Such appeal shall be taken within the time required by the Pennsylvania Municipalities Planning Code by filing with the Township a notice of appeal on a form provided by the Township specifying the grounds thereof. The Township shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken. Requests for a variance or special exception may be filed by any landowner, or any tenant with permission of the landowner. The appropriate fee, established by the Township by resolution from time to time, shall be paid in advance for each appeal or application for a special exception or variance.
[Ord. 2-1976, 2/3/1976; as amended by Ord. 6-2005, 10/5/2005, § 2307]
1. 
Public notice of any hearing shall be given as follows:
A. 
By publishing a notice thereof in a paper of general circulation within the Township consistent with the public notice requirements of the Pennsylvania Municipalities Planning Code.
B. 
By mailing a notice thereof to the applicant, the Zoning Officer, Township Secretary and any person who has made timely request for same or who shall have registered their names and addresses for this purpose with the Board.
C. 
By posting notice thereof conspicuously on the affected tract of land at least one week prior to the hearing.
D. 
The failure of any person or entity to receive notice given pursuant to this section shall not constitute grounds for any court to invalidate the actions of the Township for which the notice was given.
[Ord. 2-1976, 2/3/1976; as amended by Ord. 6-2005, 10/5/2005, § 2308]
1. 
The Zoning Hearing Board shall conduct hearings and make decisions in accordance with the following requirements:
A. 
The first hearing shall be commenced within 60 days from the date of receipt of the applicant's application, unless the applicant has agreed in writing to an extension of time.
B. 
Each subsequent hearing shall be held within 45 days of the prior hearing unless otherwise agreed to by the applicant, in writing or on the record.
C. 
The hearing shall be conducted by the Zoning Hearing 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 Township 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.
D. 
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.
E. 
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.
F. 
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.
G. 
Formal rules of evidence shall not apply, but irrelevant immaterial or unduly repetitious evidence may be excluded.
H. 
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 copies or copies. In other cases the party requesting the original transcript shall bear the cost thereof.
I. 
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.
[Ord. 2-1976, 2/3/1976; as amended by Ord. 6-2005, 10/5/2005, § 2309]
1. 
The Zoning Hearing Board shall hear and decide all requests for a special exception, and the Board must determine that the following standards and criteria are met before granting the request:
A. 
The size, scope, extent and character of the special exception request is consistent with the Comprehensive Plan of the Township and promotes the harmonious and orderly development of the zoning district involved.
B. 
The proposed special exception is an appropriate use consistent with the character and type of development in the area surrounding the location for which the request is made and will not substantially impair, alter or detract from the use of surrounding property or of the character of the neighborhood in light of the zoning classification of the area affected; the effect on other properties in the area; the number, extent and scope of nonconforming uses in the area; and the presence or the absence in the neighborhood of conditions or uses which are the same or similar in character to the condition or use for which applicant seeks approval.
C. 
The proposed special exception is suitable with respect to traffic and highways in the area and provides for adequate access and off-street parking arrangements in order to protect major streets and highways from undue congestion and hazard.
D. 
Major street and highway frontage will be developed so as to limit the total number of access points and encourage the frontage of building on parallel marginal roads or on roads perpendicular to the major street or highway.
E. 
The proposed special exception is reasonable in terms of the logical, efficient and economical extension of public services and facilities, such as public water, sewers, police, fire protection, and public schools, and ensures adequate arrangements for the extension of such services and facilities in specific instances.
F. 
All commercial or industrial parking, loading, access or service areas will be adequately illuminated at night while in use and arranged so as to comply with the requirements of the Code of Ordinances and the Subdivision and Land Development Ordinance [Chapter 22] relating to access and highway frontage.
G. 
Conditions are being imposed on the grant of the request necessary to ensure that the general purpose and intent of the property adjacent to the area included in the proposed special exception is adequately safeguarded with respect to harmonious design of buildings, aesthetics, planting and its maintenance as a sight or sound screen, landscaping, hours of operation, lighting, numbers of persons involved, allied activities, ventilation, noise, sanitation, safety, smoke and fume control and the minimizing of noxious, offensive or hazardous elements.
H. 
The proposed special exception protects and promotes the safety, health and general welfare of the Township.
I. 
The proposed special exception shall comply with the Thornbury Township Subdivision and Land Development Ordinance [Chapter 22] and all other applicable governmental regulations.
J. 
The proposed special exception shall comply with any additional criteria of the Code of Ordinances, to the extent deemed applicable by the Zoning Hearing Board.
[Ord. 2-1976, 2/3/1976; as added by Ord. 6-2005, 10/5/2005, § 2310]
1. 
The Board may grant a variance provided that the specifically enumerated criteria set forth in the Pennsylvania Municipalities Planning Code, as follows, are met:
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 the 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 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.
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.
[Ord. 2-1976, 2/3/1976; as added by Ord. 6-2005, 10/5/2005, § 2311]
1. 
To the maximum extent permitted by law, all burdens of proof and persuasion shall be upon the landowner in connection with any variance, special exception, or other application or appeal before the Zoning Hearing Board. In allowing a variance or special exception, the Zoning Hearing 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 the Pennsylvania Municipalities Planning Code and this chapter. At a minimum, the Board, when reviewing a special exception or variance, shall consider whether the application, if granted, will:
A. 
Substantially increase traffic congestion in the streets.
B. 
Increase the danger of fire or panic or otherwise endanger the public safety.
C. 
Overcrowd the land or create an undue concentration of population.
D. 
Impair an adequate supply of light and air to adjacent properties.
E. 
Be consistent with surrounding zoning and uses.
F. 
Adversely affect the Township Comprehensive Plan.
G. 
Unduly burden water, sewer, school, park, or other public facilities.
H. 
Otherwise adversely affect the public health, safety, or general welfare.
[Ord. 2-1976, 2/3/1976; as added by Ord. 6-2005, 10/5/2005, § 2312]
1. 
The Board or 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 or such other date as the applicant may agree in writing or on the record after the last hearing before the Board or hearing officer. Where the application is contested or denied, the Board shall issue findings of fact and conclusions of law.
2. 
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 day following the decision.
[Ord. 2-1976, 2/3/1976; as added by Ord. 6-2005, 10/5/2005, § 2313]
An appeal of the decision of the Board shall be as provided for in the Pennsylvania Municipalities Planning Code.
[Ord. 2-1976, 2/3/1976; as added by Ord. 6-2005, 10/5/2005, § 2314]
1. 
Any approval of a special exception or variance request shall be deemed null and void 12 months from the date of such approval if, within that period, no application is made for a building permit, use and occupancy permit, sedimentation and erosion control permit, subdivision or land development approval, or any other approval or permit required by the Township to proceed with construction, occupancy, or use pursuant to the special exception or variance, unless so extended by the Zoning Hearing Board.
2. 
The twelve-month expiration period may be extended by the Zoning Hearing Board; provided, that such request for an extension shall be properly filed with the Zoning Officer at least seven calendar days in advance of the expiration date. The request shall include the reason why the extension is required, a reasonable estimate of the time needed to obtain the necessary approvals, and a qualified statement that there has been no change in either the circumstances giving rise to the grant of relief or the neighborhood in which the property is located. Failure to diligently pursue necessary approvals shall not be grounds for an extension. The Board may grant up to one additional twelve-month extension provided a reasonable argument is presented. No more than one such extension shall be granted per special exception or variance approval.
[Ord. 2-1976, 2/3/1976; as added by Ord. 6-2005, 10/5/2005, § 2315]
It is the intent that all provisions of this article be in conformity with the Pennsylvania Municipalities Planning Code (MPC), as amended. Any future amendments to the MPC shall supersede any contrary provisions of this article. Any inconsistency between this article and the MPC shall be governed by the provisions of the MPC at the time.