A.
Appointment and duties. The Supervisors shall appoint a Zoning Hearing
Board, which shall adopt rules to govern its procedures. The Zoning
Hearing Board shall hold meetings, keep minutes and, pursuant to required
public notice, conduct hearings, compel the attendance of witnesses,
take testimony under oath and render decisions in writing, as required
by the Pennsylvania Municipalities Planning Code. A fee shall be charged
in accordance with a schedule established by resolution of the Board
of Supervisors for any appeal or proceeding before the Zoning Hearing
Board. The Zoning Hearing Board shall have the functions, powers,
duties and obligations specifically granted by law.
B.
Appeals from the Zoning Officer. The Zoning Hearing Board shall hear
and decide appeals where it is alleged that the Zoning Officer has
failed to follow prescribed procedures or has misinterpreted or misapplied
any provision of this chapter or of the District Map or any valid
rule or regulation governing the action of the Zoning Officer. Appeals
from decisions or interpretations of the Zoning Officer may be made
by landowners, developers or persons aggrieved and may relate to such
subject matter as to whether a permit, enforcement notice, notice
of violation or stop-work order under this chapter should be issued.
All appeals to the Zoning Hearing Board from any determination of
the Zoning Officer shall be filed with the Zoning Hearing Board within
20 days of the date the determination is issued.
C.
Challenges to the validity of this chapter. The Zoning Hearing Board
shall hear challenges to the validity of this chapter or map raising
substantive questions as permitted by the Pennsylvania Municipalities
Planning Code and/or the case law of the Commonwealth of Pennsylvania
existing at the time the appeal is filed.
D.
Variances. The Zoning Hearing Board shall hear requests for variances
where it is alleged that the provisions of this chapter inflict unnecessary
hardship upon the property of the applicant. 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. The
Hearing Board may grant a variance, provided that 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 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 118, Zoning, in the 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
such 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.
(5)
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.
(6)
In considering applications for variances in the airport overlay
district, the Zoning Hearing Board shall not consider any application
unless a copy of the application has been furnished by the applicant
to the airport manager for comment on the impact of the application
on the airport overlay district. The applicant shall provide the Zoning
Hearing Board with evidence that the airport manager has received
a copy of the application at least 15 days prior to the hearing before
the Zoning Hearing Board. If the airport manager does not respond
to the application within 15 days after receipt, the Zoning Hearing
Board may act on its own to grant or deny said application.
E.
Special exceptions. The Zoning Hearing Board shall hear and decide
all requests for special exceptions made under this chapter. In granting
any special exception request, the Board may attach such reasonable
conditions and safeguards as it may deem necessary to implement the
purposes of this chapter.
F.
Stay of proceedings. The filing of proceedings before the Zoning
Hearing Board appealing a determination of the Zoning Officer, challenging
an ordinance or requesting a variance or special exception shall stay
any further action by the Township pending disposition of the matter
before the Zoning Hearing Board unless the activity on the property,
and the stay of Township action, would adversely affect the public
health, safety or welfare.
G.
Hearings. The Zoning Hearing Board shall conduct hearings and make
decisions in accordance with the following requirements:
(1)
Notice shall be given to the public, the applicant, and to any person
who has made timely request for the same. Notices shall be given at
such time and in such manner as shall be prescribed by the Pennsylvania
Municipalities Planning Code.
(2)
The hearing shall be conducted by the Hearing Board, or the Hearing
Board may appoint any member or alternate member as a hearing officer.
(3)
The parties to the hearing shall be the Township, any person affected
by the application who has made timely appearance of record before
the Zoning Hearing Board and any other person, including civic or
community organizations permitted to appear by the Zoning Hearing
Board.
(4)
The Chairman or Acting Chairman of the Hearing 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.
(5)
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.
(6)
Formal rules of evidence shall not apply, but irrelevant, immaterial
or unduly repetitious evidence may be excluded.
(7)
The Zoning Hearing Board or hearing officer, as the case may be,
shall keep a stenographic record of the proceedings, and a transcript
of the proceedings and copies of graphic or written material received
in evidence shall be made available to any party at cost. The appearance
fee for a stenographer shall be shared equally by the applicant and
the Zoning Hearing Board. The cost of the original transcript shall
be paid by the party ordering it.
(8)
The members of the Zoning Hearing Board or hearing officer shall
not communicate directly or indirectly with any party or his representative
in connection with any issue involved, except upon notice and opportunity
for all parties to participate, shall not take notice of any communication,
report, staff memoranda or other materials unless parties are afforded
an opportunity to contest the materials 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.
(9)
The Zoning Hearing Board or the 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 after the last hearing before the Hearing Board or hearing officer. Where the Hearing Board fails to render the decision within 45 days after the last hearing before the Hearing Board or hearing officer or fails to hold the required hearing on the application within 60 days from the date of the applicant's request for hearing, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed, in writing, to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the Hearing Board to meet or render a decision as hereinabove provided, the Township shall give public notice of said decision within 10 days in the same manner as provided in Subsection G(1) above.
(10)
A copy of the final decision or, where no decision is called
for, of the findings shall be delivered to the applicant and to all
other persons who have filed their names and addresses with the Hearing
Board personally or by mail not later than the day following its date.
H.
Appeals. Any person with standing who is aggrieved by the decision
of the Board may file an appeal to the Court of Common Pleas of Westmoreland
County, Pennsylvania, consistent with the provisions of the Municipalities
Planning Code and case law existing at the time the appeal is filed.
