[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]
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]
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]
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.
H. Applications for determination of potential conflict(s) between this chapter and federal statutes or regulations governing aircraft safety pursuant to the definition of "airport" contained in §
27-107 of this chapter.
[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]
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]
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).