[Ord. 3/29/1990A, § 2000]
A Zoning Hearing Board is established in order that the objectives
of this chapter may be fully and equitable achieved and that a means
for competent interpretation of this chapter be provided.
[Ord. 3/29/1990A, § 2001]
The Zoning Hearing Board shall consist of five members, appointed
by the Board of Supervisors for overlapping five-year terms. Members
of the Board shall hold no other Township office. Alternates may be
appointed as provided for under the Pennsylvania Municipalities Planning
Code, 53 P.S. § 10101 et seq.
[Ord. 3/29/1990A, § 2002]
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.
[Ord. 3/29/1990A, § 2003; as amended by Ord. 93-2,
2/8/1993, § 78]
1.
Officers. The Board shall elect a Chairman from its membership, shall
appoint a secretary, and shall prescribe rules in accordance with
the provisions of the Municipalities Planning Code, 53 P.S. § 10101
et seq., and this chapter for the conduct of its affairs. The Chairman,
or in his absence the acting Chairman, may administer oaths and compel
the attendance of witnesses.
2.
Meetings. Meetings shall be open to the public and shall be at the
call of the Chairman and at such other times as the Board shall specify
in its rules of procedure. For the conduct of any hearing and the
taking of any action, a quorum shall be not less than a majority of
all members of the Board; but where a majority of members are disqualified
to act in a particular matter, the remaining officer may act for the
Board. 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.
3.
Records and Decisions. The Board shall keep minutes of its proceedings,
showing the vote of each member upon each question; or if absent or
failing to vote, indicating such fact; and shall keep records of its
examinations and other official actions, all of which shall be filed
immediately in the office of the Board and shall be a public record.
4.
Compensation. The Board of Supervisors shall fix per meeting compensation
for the members of the Board, according to a schedule adopted by resolution
of the Supervisors upon the enactment of this chapter or as such schedule
may be amended from time to time.
5.
Transcripts. The Board or the hearing officer, as the case may be,
shall keep a stenographic record and transcript of the proceedings,
and copies of graphic or written material received in evidence shall
be made available to any party at cost.
6.
Annual Report. The Board shall submit a report of its activities
to the Board of Supervisors as requested by the Supervisors.
[Ord. 3/29/1990A, § 2004]
1.
Upon appeal from a decision by the Zoning Officer, the Zoning Hearing
Board shall decide any questions:
A.
Involving the interpretation of any provisions of this chapter, including
determination of the exact location of any district boundary, if there
is uncertainty with respect thereto.
B.
Where it is alleged there is error in any order, requirement, decision
or determination including any order requiring an alleged violation
to stop, cease and desist made by the Zoning Officer in the enforcement
of this chapter.
2.
An appeal of the decision of the Zoning Officer will not act as a
stay of a cease and desist order.
[Ord. 3/29/1990A, § 2005]
1.
Applicability. Upon appeal from a decision by the Zoning Officer,
the Zoning Hearing Board shall have the power to vary or adapt the
strict application of any of the requirements of this chapter, where,
by reason of exceptional narrowness, shallowness or shape of a specific
piece of property at the time of the enactment of this chapter or
by reason of exceptional topographic conditions or other extraordinary
and exceptional situation or condition on such piece of property,
the strict application of any regulation enacted under this chapter
would result in peculiar and exceptional and undue hardship upon the
owner of such property, but in no other case.
2.
Condition. In general, the power to authorize a variance from the
terms of this chapter shall be sparingly exercised and only under
peculiar and exceptional circumstances.
3.
Requirements and Standards. No variance in the strict application
of the provisions of this chapter shall be granted by the Board unless
the Board finds that the requirements and standards are satisfied.
The applicant must prove that the variance will not be contrary to
the public interest and that practical difficulty and unnecessary
hardship will result if it is not granted. In particular, the applicant
shall establish and substantiate that the request for the variance
is in conformance with all the requirements and standards listed below:
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 necessary 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.
4.
Conditions. In granting any variance, the Board may attach reasonable
conditions and safeguards as it may be necessary to implement the
purposes of this chapter and the Pennsylvania Municipalities Planning
Code, 53 P.S. § 10101 et seq., as amended.
[Ord. 3/29/1990A, § 2006; as amended by Ord. 93-2,
2/8/1993, §§ 79, 80; by Ord. 95-8, 9/25/1995, § 3G,
40; by Ord. 95-8B, 11/27/1995, § 30; by Ord. 99-2, 6/28/1999,
§§ 49 — 55; by Ord. 01-6, 10/22/2001, § 27;
and by Ord. 09-03, 6/22/2009, § 23]
1.
Applicability. The Zoning Hearing Board shall have the power to approve
special exceptions when this chapter specifically requires the obtaining
of such approval and for no other use or purpose.
2.
Conditions and Standards. In granting a special exception, the Zoning
Hearing Board shall make findings of fact consistent with the provisions
of this chapter. The Board shall not approve a special exception except
in conformance with the conditions and standards outlined in this
chapter.
3.
The general requirements and standards applicable to all special
exceptions. The Board shall grant a special exception only if it finds
adequate evidence presented by the applicant that proposed special
exception is duly authorized under provisions of this chapter, that
the application falls within the terms of the specific provisions
following for special exceptions; and that the proposed use complies
with all other requirements of this chapter. The Zoning Hearing Board,
in granting a special exception, may attach such reasonable conditions
and safeguards as it may deem necessary to implement the purpose of
this chapter. The Board shall, among other things, require that any
proposed use and location be:
A.
In accordance with the Township Comprehensive Plan and consistent
with the spirit, purposes and the intent of this chapter.
B.
In the best interests of the Township, the convenience of the community
and the public welfare.
C.
Suitable for the property in question, and designed, constructed,
operated and maintained so as to be in harmony with and appropriate
in appearance to the existing or intended character of the general
vicinity.
D.
In conformance with all applicable requirements of this chapter.
E.
Suitable in terms of effects of highway traffic and safety with adequate
access arrangements to protect streets from undue congestion and hazard.
F.
In accordance with sound standards of subdivision and land development
practice where applicable. The Zoning Hearing Board may impose reasonable
conditions regarding layout, circulation and performance it deems
necessary to ensure that any proposed development will secure substantially
the objectives of this chapter.
4.
The requirements and standards applicable to specific uses as special
exceptions. In addition to the requirements specified in this chapter,
the applicant shall provide the additional information required below
and any additional information necessary for the Zoning Hearing Board
to make its evaluation:
A.
B.
C.
D.
E.
I.
J.
Use B9f Accessory Trades Business.
K.
Use B9g Accessory Repair Services and Other Home Occupations.
(1)
Specify the type of service or home occupation to be conducted
on the premises.
(2)
Designate the location of all buildings and their uses and all
areas for the storage of materials, equipment and items for service.
M.
Use C2 School, Use C4 Hospital and Use C5 Nursing Home.
(1)
Describe and locate the principal use, all accessory uses, structures
and activities to be conducted on the premises.
(2)
Provide traffic, water and sewage facilities impact studies.
(3)
For nursery schools, kindergartens and elementary schools, sufficient
drop-off/pick-up area for children or additional off-street parking
spaces shall be provided.
N.
Use C6 Cemetery.
(1)
Specify the type of cemetery; all accessory uses and structures
to be located on the premises.
O.
Use D1 Recreational Facility, D2 Private Recreational Facility, D3
Private Club, and D4 Community Center.
P.
Use E1 Medical Office, Use E2 Veterinary Office and Use E3 Office.
(1)
Specify the type of practice, office, structures and accessory
uses that will be located on the premises.
(2)
If located in a residential zoning district, such uses must
take access from and have frontage on a major collector or minor collector
road.
(4)
Evaluate the hours of operation to determine if they are appropriate
for the neighborhood.
(5)
If Use E2 Veterinary Office, specify if animals will be boarded
on the premises.
Q.
Use F2 Day-care center.
(1)
Specify the types of uses, activities, structures and accessory
uses that will be located on the premises.
(2)
Access shall be evaluated for proper sight distance.
(3)
Evaluate the hours of operation to determine if they are appropriate
for the neighborhood.
(4)
Sufficient drop-off/pick-up area for children or additional
off-street parking spaces shall be provided.
R.
S.
F2 Retail Store, F5 Village Shop or Business, F6 Service Business,
F7 Financial Establishment, F9 Eating Place or F12 Repair Shop.
(1)
Specify the types of uses, activities, structures and accessory
uses that will be located on the premises.
(2)
Evaluate the hours of operation to determine if they are appropriate
for the neighborhood.
(5)
Evaluate the proposed storage area of materials and refuse and
the potential impact on neighboring properties. All outside storage
shall be located behind a building, shall be located within an enclosed
structure, and the enclosed structure shall be screened from adjoining
properties by buffer material or fencing.
T.
Use F10 Drive-In/Other Eating Places and Use F11 Tavern.
U.
Use F16 Amusement Hall/Arcade.
V.
F17 Outdoor Entertainment.
(1)
Specify the types of uses, activities, structures and accessory
uses that will be located on the premises.
(2)
Specify the hours of operation and methods to abate impacts
on surrounding residential properties, particularly after 9:00 p.m.
(3)
Indicate how parking areas will be screened from view of adjacent
residential properties.
X.
Y.
F21 Golf Course.
(1)
Specify the types of uses, activities and accessory uses that
will be located on the premises.
(2)
Evaluate the adequacy of parking and access.
(3)
Indicate how parking areas will be screened from view of adjacent
residential properties.
(4)
Evaluate the hours of operation and lighting improvements to
determine if they are appropriate for the neighborhood.
(5)
Provide traffic, water, sewer and environmental impact studies.
BB.
EE.
Use H10 Fuel Storage and Distribution.
(1)
Specify the types of uses, activities, operations, structures
and accessory uses that will be located and conducted on the premises.
(2)
Designate the location of all buildings and their uses and all
areas for the storage of fuels, materials and equipment.
(3)
Access shall be evaluated for proper sight distance.
(4)
Provide information on proposed methods for containing fuel
spills and other emergencies.
FF.
Use H11 Junkyards.
(1)
Specify the types of uses, activities, operations, structures
and accessory uses that will be located and conducted on the premises.
(2)
Designate the location of all buildings and their uses and all
areas for the storage of materials, junk and equipment.
(3)
Provide traffic impact and natural resource impact studies.
(4)
Proposed information on proposed methods for containing petroleum
products, battery acid and other harmful fluids and materials from
contaminating the groundwater.
II.
Use H14 Resource Recovery Facility and H15 Solid Waste Landfill.
(1)
Specify the types of uses, activities, operations, structures
and accessory uses that will be located and conducted on the premises.
(2)
Designate the proposed location of all buildings and their uses
and all areas for the storage of materials, refuse and equipment.
(3)
Provide traffic, water, sewage and natural resource impact studies.
NN.
PP.
Use G5 Cellular Communications/Telecommunications Facility.
(1)
The applicant shall demonstrate that the antenna is the minimum
height required to function satisfactorily. No antenna that is taller
than the minimum needed to function properly shall be approved.
(2)
The applicant shall demonstrate, using technological evidence,
that the antenna must be located where it is proposed in order to
satisfy its function in the company's grid system.
(3)
The applicant for a new antenna tower shall demonstrate that he has contacted the owners of existing or approved tall structures within 1/4-mile radius of the site proposed for a new tower, asked permission to install the antenna on those structures, and was denied for reasons other than economic matters. Such structures would include smoke stacks, water towers, tall buildings, antenna support structures of other communications companies, other communications towers (fire, police, etc.), and other structures which are permitted to exceed the maximum height requirement pursuant to § 27-1910 of this chapter. The application to construct a new tower may be denied if the applicant has not demonstrated a good faith effort to mount the antenna on another structure.
(4)
The applicant shall demonstrate that the proposed antenna and
support structure are safe and the surrounding areas will not be negatively
affected by support structure failure, falling ice or other debris,
electromagnetic fields or radio interference. All support structures
shall be fitted with anti-climbing devices, as approved by the manufacturers.
(5)
The need for additional buffer improvements shall be evaluated.
(6)
The applicant shall demonstrate that it is licensed by the Federal
Communications Commission.
(7)
The applicant shall demonstrate compliance with any requirements
of the Federal Aviation Administration and the airport area protection
standards of this chapter.
(8)
The applicant shall agree to accommodate other users, including
other communications companies, and local police, fire, and ambulance
companies, in the use of the antenna support structure. Alternatively,
the applicant shall demonstrate reasons for the exclusion of other
users. The intent is to reduce the number of antenna support structures
needed in the community in the future.
(9)
Where the communications facility is located on a property with
another principal use, access shall be shared, except where the applicant
demonstrates that combined access is not practical.
QQ.
Use F2a Older and Disabled Adult Daily Living Center.
(1)
Specify the types of uses, activities, structures and accessory
uses that will be located on the premises.
(2)
Specify the hours of operation to determine if they are appropriate
for the neighborhood.
(3)
Provide for adequate drop-off/pick-up area or provide for additional
off-street parking.
(4)
Provide for adequate access for fire and/or emergency service
vehicles that would not be impeded by parked vehicles and normal onsite
traffic patterns.
(5)
Identify a designated entity or person who would be responsible
for communications with the Township should municipal or emergency
services be required.
(6)
Determine if the joint use of the property for the proposed
center and a residential use would have impacts on the neighborhood
and adjoining properties.
RR.
Use D5 Golf Course-Residential Community; Country Club; Clubhouse
Facilities.
(1)
The applicant shall provide a site plan which clearly illustrates
and identifies all uses proposed for the development. The plan shall
identify the proposed location of residential and nonresidential uses.
The proposed floor area for specific nonresidential uses shall be
identified. Types of residential dwellings shall be identified. The
internal road system shall be illustrated. The layout of the golf
course shall be illustrated. The site plan shall be submitted to the
Board of Supervisors and the Planning Commission, for sketch plan
review, prior to submission of an application for special exception
to the Zoning Hearing Board.
(2)
The applicant shall submit a traffic impact statement as specified in § 22-822. The applicant shall provide a thorough evaluation of potential impacts on all intersections which involve an arterial or any collector road within 1/2 mile of the development site. All traffic generation calculations shall be based on public access and use of the golf course, clubhouse and country club facilities within the development.
[Amended Ord. No. 22-05, 5/5/2022]
(3)
The applicant shall submit an identification of any building
which is 100 years or older. The applicant shall identify proposed
uses of any such building. The Zoning Hearing Board shall evaluate
any proposals to remove or demolish any such buildings and the applicant
shall provide justification that no reasonable use is possible for
any such building.
(4)
The applicant shall certify that water and sewer service capacities are available to serve all proposed uses. In the event an onsite water supply well is proposed for irrigation, a water impact study, as specified in § 27-2407, shall be provided.
(6)
The Fire Marshall shall provide a recommendation on the safety
aspects related to any proposed buildings over 35 feet in height.
The applicant shall address methods necessary to ensure safety and
adequate emergency egress from any such buildings. The Zoning Hearing
Board shall also consider the impact of such tall buildings on the
surrounding area or neighborhood.
(7)
The need for buffer improvements, in addition to the requirements
of this chapter, shall be considered by the Zoning Hearing Board.
SS.
F35 Combined Convenience Commercial (CCC).
(1)
Identify the specific uses proposed.
(2)
A traffic impact study shall be provided.
(3)
Evaluate the adequacy of parking, access and internal circulation.
(4)
Specify the hours of operation and methods to abate impacts
on surrounding residential properties, particularly after 10:00 p.m.
(5)
Indicate how parking and refuse storage and lighting will be
screened from the view of adjacent properties.
5.
Expiration. Unless otherwise specified by the Board, a special exception
shall expire if the applicant fails to obtain a permit in connection
therewith within six months of the date of authorization thereof.
[Ord. 3/29/1990A, § 2007; as amended by Ord. 93-2,
2/8/1993, § 81]
The Board shall hear challenges to the validity of this chapter
or Zoning Map, except as indicated in Act 247, §§ 609.1
and 909(1)(b)(4), 53 P.S. §§ 10609.1, 10909(1)(b)(4).
In all such challenges, the Board shall take evidence and make a record
thereon as provided in § 27-2703.D(4) of this chapter. 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.
[Ord. 3/29/1990A, § 2008; as amended by Ord. 93-2,
2/8/1993, § 82]
Where the Board has jurisdiction over a zoning matter pursuant to §§ 27-2605, 27-2606 and 27-2608, the Board shall also hear all appeals which an applicant may elect to bring before it with respect to any Township ordinance or requirement pertaining to the same development. In any such case, the Board shall have no power to pass upon the nonzoning issues, but shall take evidence and make a record thereon as provided in § 27-2703.D(4). At the conclusion of the hearing, the Board shall make findings on all relevant issues of fact which shall become a part of the record on appeal to the court.
[Ord. 3/29/1990A, § 2009]
In exercising the above-mentioned powers, the Zoning Hearing
Board may in conformity with law and the provisions of this chapter,
reverse or affirm, wholly or partly, or may modify the order, requirement,
decision or determination appealed from and may make such order, requirement,
decision or determination as in its opinion ought to be made. Notice
of such decision shall forthwith be given to all parties in interest.
[Ord. 3/29/1990A, § 2010]
1.
Any appeal from the ruling of the Zoning Officer concerning the enforcement
and interpretation of the provisions of this chapter shall be filed
with the Zoning Officer within 30 days after the date of the Zoning
Officer's adverse decision.
2.
All appeals and applications made to the Board shall be in writing
on standard forms prescribed by the Zoning Hearing Board and accompanied
by fees prescribed by resolution of the Board of Supervisors.
3.
All appeals and applications shall refer to the specific provisions
of this chapter involved. The landowner or applicant shall first apply
for a zoning permit. The Zoning Officer shall review the application
and list items or matters to be addressed. A zoning permit will be
issued only after a variance or special exception has been granted.
[Ord. 3/29/1990A, § 2011]
Appeals to the Zoning Hearing Board may be taken by any person
or municipal official aggrieved or affected by any provision of this
chapter or by any decision, including any order to stop, cease and
desist, issued by the Zoning Officer in enforcing the provisions of
this chapter.
[Ord. 3/29/1990A, § 2012]
Upon the filing of an application for a special exception, variance
or interpretation of this chapter with the Zoning Hearing Board, the
Board shall fix a reasonable time and place for a public hearing thereon
and give notice as defined in the Pennsylvania Municipalities Planning
Code, 53 P.S. § 10101 et seq. The hearing shall be held
within 60 days from the date the applicant files a request for a special
exception, variance or interpretation of this chapter.
[Ord. 3/29/1990A, § 2013]
All hearings shall be conducted in accordance with the procedure
set forth in § 27-2703.D.
[Ord. 3/29/1990A, § 2014; as amended by Ord. 93-2,
2/8/1993, § 83]
Any persons aggrieved by any decision of the Zoning Hearing
Board or the Board of Supervisors may, within 30 days after entry
of such decision (as provided in 42 Pa.C.S. § 5572) appeal
to the Court of Common Pleas of Montgomery County, by petition duly
verified, setting forth that such decision is arbitrary, capricious,
an abuse of discretion or otherwise not in accordance with law, and
specify the grounds upon which he relies. Such appeals shall be made
in accordance with Article X-A of the Pennsylvania Municipalities
Planning Code, 53 P.S. § 11001-A et seq.
[Ord. 3/29/1990A, § 2015]
The applicant for any hearing before the Zoning Hearing Board
shall at the time of making application, pay to the Zoning Officer,
for the use of the Township, a fee in accordance with a fee schedule
adopted by resolution of the Board of Supervisors upon enactment of
this chapter or as such schedule may be amended from time to time.
In addition, an escrow deposit may be required. The escrow deposit
requirements shall be set from time to time by resolution of the Board
of Supervisors.
