[Ord. 658, 4/9/2015]
The Zoning Hearing Board is established in accordance with and
pursuant to Article IX of the MPC. All proceedings before the Zoning
Hearing Board and all actions taken by the Zoning Hearing Board shall
comply with this chapter, the MPC, and all other applicable laws,
ordinances, and regulations.
[Ord. 658, 4/9/2015]
1.
The membership of the Zoning Hearing Board shall consist of five
residents of the Township appointed by the Board of Supervisors. Their
terms of office shall be five years and shall be so fixed that the
term of office of one member shall expire each year. The Chairman
of the Zoning Hearing Board, or in his absence or incapacity the Vice
Chairman, shall promptly notify the Board of Supervisors when any
vacancies occur. Appointments to fill vacancies shall be only for
the unexpired portion of the term. Members of the Zoning Hearing Board
shall hold no other elected or appointed office in the Township, nor
shall any member be an employee of the Township.
2.
The Board of Supervisors may appoint by resolution up to three residents of the Township as alternate members of the Zoning Hearing Board. The term of office of an alternate member shall be three years. When seated pursuant to the provisions of § 27-1304 of this chapter, an alternate member shall be entitled to participate in all proceedings and discussions of the Zoning Hearing Board to the same and full extent as provided by law for Zoning Hearing Board members, including specifically the right to cast a vote as a voting member during the proceedings, and shall have all the power and duties set forth in this chapter, the MPC, and as otherwise provided by law. Alternate members shall hold no other elected or appointed office in the Township, nor shall any alternate member be an employee of the Township.
[Ord. 658, 4/9/2015]
Any Zoning Hearing Board member may be removed for malfeasance,
misfeasance or nonfeasance in office or for other just cause by 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 public
hearing shall be held in connection with the vote if the member shall
request it in writing.
[Ord. 658, 4/9/2015]
1.
The Zoning Hearing 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 three members, but the Zoning Hearing Board
may appoint a hearing officer from its own membership to conduct any
hearings on its behalf. In such a case, the parties may, prior to
the decision, waive a decision by the Zoning Hearing Board and accept
the decision of the hearing officer as provided in the MPC. The Zoning
Hearing Board may make, alter and rescind rules and forms for its
procedure, consistent with the ordinances of the Township and the
laws of the commonwealth. The Zoning Hearing 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.
2.
The Chairman of the Zoning Hearing Board may designate alternate
members of the Zoning Hearing Board to replace any absent or disqualified
member, and if, by reason of absence or disqualification of a member,
a quorum is not reached, the Chairman of the Zoning Hearing Board
shall designate as many alternate members of the Zoning Hearing Board
to sit on the Zoning Hearing Board as may be needed to reach a quorum.
Any alternate member of the Zoning Hearing Board shall continue to
serve on the Zoning Hearing Board in all proceedings involving the
matter or case for which the alternate member was initially appointed
until the Zoning Hearing Board has made a final determination of the
matter or case. Designation of an alternate member pursuant to this
section shall be made on a case-by-case basis in rotation according
to declining seniority among all alternate members.
[Ord. 658, 4/9/2015]
Within the limits of funds appropriated by the Board of Supervisors,
the Zoning Hearing Board may employ or contract for secretaries, clerks,
legal counsel, consultants and other technical and clerical services.
Members of the Zoning Hearing 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.
[Ord. 658, 4/9/2015]
A public hearing before the Zoning Hearing Board shall commence
within 60 days of the filing of an administratively complete application.
Public notice, as defined herein, of the public hearing, shall be
advertised and posted as required by the MPC. Public hearings shall
be conducted and held in accordance with the applicable provisions
of the MPC. The Zoning Hearing Board shall comply with all requirements
of Article IX of the MPC regarding conduct of hearings.
[Ord. 658, 4/9/2015]
1.
The Zoning Hearing Board or the hearing officer, as the case may
be, shall render a decision or, when no decision is called for, make
written findings on the application in accordance with the requirements
of the MPC and within 45 days after the last hearing before the Zoning
Hearing 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 therefor. Conclusions based
on any provisions of this chapter, or any other ordinance, rule or
regulation or any provision of the MPC shall contain a reference to
the provisions relied on and the reasons why the conclusion is deemed
appropriate in the light of the facts found. If the hearing is conducted
by a hearing officer and there has been no stipulation that his/her
decision or findings are final, the Zoning Hearing Board shall make
his/her report and recommendations available to the parties within
45 days, and the parties shall be entitled to make written representations
thereon to the Zoning Hearing Board prior to final decision or entry
of findings, and the Zoning Hearing Board's decision shall be entered
no later than 30 days after the report of the hearing officer.
2.
A copy of the final decision or, when no decision is called for,
of the findings shall be delivered to the applicant in accordance
with the applicable provision(s) of the MPC.
[Ord. 658, 4/9/2015]
The Zoning Hearing Board shall have exclusive jurisdiction to
hear and render final adjudication in the following matters:
A.
Substantive challenges to the validity of any land use ordinance,
except those challenges brought before the Board of Supervisors pursuant
to §§ 609.1 and 916.1(a)(2) of the MPC, 53 P.S. §§ 10609.1
and 10916.1(a)(2).
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 (enforcement notice) 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 the Floodplain Ordinance [Chapter 8], or such provisions within a land use ordinance pursuant to § 910.2 of the MPC, 53 P.S. § 10910.2.
E.
Applications for special exceptions under this chapter, or the Floodplain Ordinance [Chapter 8], or such provisions within a land use ordinance pursuant to § 912.1 of the MPC, 53 P.S. § 10912.1.
F.
Appeals from the Zoning Officer's determination under § 916.2
of the MPC, 53 P.S. § 10916.2.
G.
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 (Subdivision and Land Development) and
Article VII (Planned Residential Development) of the MPC.
[Ord. 658, 4/9/2015]
An application for relief from the Zoning Hearing Board shall
be filed with the Planning Director on a form prescribed by the Township.
The Planning Director shall forward the application to the Zoning
Hearing Board, which shall set a time and place for the hearing. The
application shall not be considered to be administratively complete
until all items required by this chapter and the application form,
including the application fee and/or deposit, have been received by
the Township.
[Ord. 658, 4/9/2015]
1.
The Zoning Hearing Board shall hear requests for variance where it
is alleged that the provisions of this chapter inflict unnecessary
hardship upon the applicant pursuant to § 910.2 of the MPC,
53 P.S. § 10910.2.
2.
The Zoning Hearing 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 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.
3.
In granting a variance, the Zoning Hearing Board may attach such
reasonable conditions and safeguards as it may deem necessary to implement
the purposes of this chapter and the MPC.
[Ord. 658, 4/9/2015]
Where the Township has permitted special exceptions in this chapter, to be granted or denied by the Zoning Hearing Board pursuant to express standards and criteria, the Zoning Hearing Board shall hear and decide the requests for such special exceptions in accordance with Part 9 of this chapter.
[Ord. 658, 4/9/2015]
Any appeals under § 27-1308 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 §§ 27-1308, Subsection 1D, and 27-1310 of this chapter may be filed with the Zoning Hearing Board by any landowner or any tenant with the permission of such landowner.
[Ord. 658, 4/9/2015]
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 an appropriate Township
officer, agency or body, 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.
2.
The failure of anyone, other than the landowner, to appeal from an
adverse decision on a tentative plan for a planned residential development
pursuant to § 709 of the MPC, 53 P.S. § 10709,
or from an adverse decision by the Zoning Officer on a challenge to
the validity of an ordinance or map filed pursuant to § 916.2
of the MPC, 53 P.S. § 10916.2, shall preclude an appeal
from a final approval except in the case where the final submission
substantially deviates from the approved tentative approval.
3.
All appeals from determinations adverse to the landowner shall be
filed by the landowner within 30 days after notice of the determination
is issued, except appeals of the Zoning Officer's issuance of an enforcement
notice, which shall be filed within 10 days after receipt of the enforcement
notice.
[Ord. 658, 4/9/2015]
1.
Upon the filing of any proceeding referred to in § 27-1312 of this chapter and during its pendency before the Zoning Hearing 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 Zoning Hearing 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 Zoning Hearing Board or by the court having jurisdiction of zoning appeals, on petition, after notice to the Zoning Officer or other appropriate agency or body.
2.
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 Zoning Hearing 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 Zoning Hearing Board, pursuant
to the provisions of the MPC.
[Ord. 658, 4/9/2015]
All appeals from decisions rendered by the Zoning Hearing Board
shall be taken to the Allegheny County Court of Common Pleas and shall
be filed within 30 days after the entry of the decision or, in the
case of a deemed decision, within 30 days after the date upon which
notice of said deemed decision is given as required by § 908(9)
of the MPC, 53 P.S. § 10908(9).
