A.
Creation of Board. The Township Supervisors hereby
create a Zoning Hearing Board, herein referred to as the "Board,"
consisting of residents of the Township appointed by the Township
Supervisors pursuant to the Pennsylvania Municipalities Planning Code,
as amended,[1] who shall be appointed and serve and shall perform all
the duties and have all the powers as prescribed by said code and
this chapter.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
B.
Organization. The Board may promulgate such rules
and forms for its procedures, not inconsistent with this chapter and
other ordinances of the Township and laws of the Commonwealth of Pennsylvania,
as it may deem necessary to the proper performance of its duties and
to the proper exercise of its powers. Such rules shall be continued
in force and effect until amended or repealed by the Board or by law.
The Board shall elect from its own membership its officers who shall
serve annual terms as such and may succeed themselves. The Board shall
have its own counsel, who shall, whenever possible, attend all hearings
of the Board and review all decisions of the Board so they conform
to the law.
C.
Meetings. Meetings and hearings of the Board shall
be held at the call of the Chairman and at such other times as the
Board, by majority vote, may determine.
D.
Minutes and records. The Board shall keep full public
records of its proceedings showing the vote of each member upon each
question or, if absent or failing to vote, indicating such fact. The
Board shall also keep full public records of its business and other
official action, copies of which shall be filed with the Township
Supervisors and the Township Planning Commission.
The Board shall conduct hearings and make decisions
in accordance with the following requirements:
A.
Public notice shall be given and written notice shall
be given to the applicant, the Zoning Officer, such other persons
as the Township shall designate by ordinance and to any person who
has made timely request for the same. Written notices shall be given
at such time and in such manner as shall be prescribed by ordinance
or, in the absence of ordinance provision, by rules of the Board.
In addition to the written notice provided herein, written notice
of said hearing shall be conspicuously posted on the affected tract
of land at least one week prior to the hearing.
(1)
The Township may 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 expert witness costs.
(2)
The hearing shall be held within 60 days from the
date of the applicant's request, unless the applicant has agreed,
in writing, to an extension of time.
B.
The hearings shall be conducted by the Board or the
Board may appoint any member or an independent attorney 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 municipality 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.
[Amended 6-17-2003 by Ord. No. 204-2003]
C.
The parties to the hearing shall be the municipality,
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.
D.
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.
E.
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.
F.
Formal rules of evidence shall not apply, but irrelevant,
immaterial or unduly repetitious evidence may be excluded.
G.
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 copy or copies.
In other cases the party requesting the original transcript shall
bear the cost thereof.
H.
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.
I.
Presentation of case; decision or findings.
[Amended 6-17-2003 by Ord. No. 204-2003]
(1)
The first hearing before the Board or hearing officer
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. Each subsequent hearing before the Board
or hearing officer shall be held within 45 days of the prior hearing,
unless otherwise agreed to by the applicant in writing or on the record.
An applicant shall complete the presentation of his case-in-chief
within 100 days of the first hearing. Upon the request of the applicant,
the Board or hearing officer shall assure that the applicant receives
at least seven hours of hearings within the 100 days, including the
first hearing. Persons opposed to the application shall complete the
presentation of their opposition to the application within 100 days
of the first hearing held after the completion of the applicant's
case-in-chief. An applicant may, upon request, be granted additional
hearings to complete his case-in-chief, provided the persons opposed
to the application are granted an equal number of additional hearings.
Persons opposed to the application may, upon the written consent or
consent on the record by the applicant and municipality, be granted
additional hearings to complete their opposition to the application,
provided the applicant is granted an equal number of additional hearings
for rebuttal.
(2)
The 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 Board or hearing officer. 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 of any ordinance,
rule or regulation shall contain a reference to the provision relied
on and the reasons why the conclusions are 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 decision or findings
are final, the Board shall make his report and recommendations available
to the parties within 45 days and the parties shall be entitled to
make written representations thereon to the Board prior to final decision
or entry of findings and the Board's decision shall be entered no
later than 30 days after the report of the hearing officer. Except
for challenges filed under Section 916.1 of the Pennsylvania Municipalities
Planning Code,[1] where the Board fails to render the decision within the period required by this subsection or fails to commence, conduct or complete the required hearing as provided in Subsection I(1), the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the Board to meet or render a decision as hereinabove provided, the Board shall give public notice of said decision within 10 days from the last day it could have met to render a decision in the same manner as provided in Subsection A of this section. If the Board shall fail to provide such notice, the applicant may do so. Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.
[1]
Editor's Note: See 53 P.S. § 10916.1.
J.
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 names and addresses with
the Board not later than the last day of the hearing, the Board shall
provide, by mail or otherwise, brief notice of the decision or findings
and a statement of the place at which the full decision or findings
may be examined.
A.
Parties to proceedings authorized in this chapter
may utilize mediation as an aid in completing such proceedings. In
proceedings before the Zoning Hearing Board, in no case shall the
Zoning Hearing Board initiate mediation or participate as a mediating
party. Mediation shall supplement, not replace, those procedures in
this chapter once they have been formally initiated. Nothing in this
section shall be interpreted as expanding or limiting municipal police
powers or as modifying any principles or substantive law.
B.
Participation in mediation shall be wholly voluntary.
The appropriateness of mediation shall be determined by the particulars
of each case and the willingness of the parties to negotiate. Any
municipality offering the mediation option shall assure that, in each
case, the mediating parties, assisted by the mediator as appropriate,
develop terms and conditions for:
(1)
Funding mediation.
(2)
Selecting a mediator who, at a minimum, shall have
a working knowledge of municipal zoning and subdivision procedures
and demonstrated skills in mediation.
(3)
Completing mediation, including time limits for such
completion.
(4)
Suspending time limits otherwise authorized in this
chapter, provided that there is written consent by the mediating parties
and by an applicant or municipal decisionmaking body if either is
not a party to the mediation.
(5)
Identifying all parties and affording them the opportunity
to participate.
(6)
Subject to legal restraints, determine whether some
or all of the mediation sessions shall be open or closed to the public.
(7)
Assuring that mediated solutions are in writing and
signed by the parties and become subject to review and approval by
the appropriate decisionmaking body pursuant to the authorized procedures
set forth in the Pennsylvania Municipalities Planning Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
C.
No offers or statements made in the mediation sessions,
excluding the final written mediated agreement, shall be admissible
as evidence in any subsequent judicial or administrative proceedings.
A.
The Zoning Hearing Board shall have exclusive jurisdiction
to hear and render final adjudications in the following matters:
(2)
Challenges to the validity of this chapter raising
procedural questions or alleged defects in the process of enactment
or adoption, which challenges shall be raised by an appeal taken within
30 days after the effective date of this chapter. Where the ordinance
appealed from is the initial zoning ordinance of the municipality
and a Zoning Hearing Board has not been previously established, the
appeal raising procedural questions shall be taken directly to court.
(3)
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 or the registration or refusal to register
any nonconforming use, structure or lot.
(4)
Appeals from a determination by a Municipal 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.
(5)
Applications for variances from the terms of this chapter and any flood hazard ordinance or such provisions within a land use ordinance, pursuant to § 184-193.
(6)
Applications for special exceptions under this chapter or any floodplain or flood hazard ordinance or such provisions within a land use ordinance, pursuant to § 184-193.
(7)
Appeals from the determination of the Zoning Officer
or Municipal 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 subdivision and land development and zoning applications.
B.
The Township Supervisors or, except as to Subsection A(3), (4) and (5), the Township Planning Commission, if designated, shall have exclusive jurisdiction to hear and render final adjudications in the following matters:
(1)
All applications pursuant to approval of subdivisions
or land developments.
(2)
Applications for conditional use under the express provisions of this chapter pursuant to § 184-194.
(4)
All petitions for amendments to this chapter, pursuant to the procedures set forth in § 184-203. Any action on such petitions shall be deemed legislative acts, provided that nothing contained in this clause shall be deemed to enlarge or diminish existing law with reference to appeals to court.
(5)
Appeals from the determination of the Zoning Officer
or the Municipal Engineer in the administration of this chapter or
provisions thereof with reference to sedimentation and erosion control
and stormwater management insofar as the same relate to application
for subdivision and land development. Where such determination relates
only to development not involving a subdivision or land development
application, the appeal from such determination of the Zoning Officer
or the Municipal Engineer shall be to the Zoning Hearing Board pursuant
to this chapter.
Nothing contained in this chapter shall be construed
to deny the appellant the right to proceed directly to court where
appropriate, pursuant to the Pennsylvania Rules of Civil Procedure
No. 1091 (relating to action in mandamus).
A.
The Board shall hear requests for variances where
it is alleged that the provisions of this chapter inflict unnecessary
hardship upon the applicant. The Board may by rule prescribe the form
of application and may require preliminary application to the Zoning
Officer. The Board may grant a variance, provided that all of 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 in the neighborhood or 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 the 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.
B.
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.
C.
Special exceptions. To issue, upon application, only
such special exceptions which the Board by the provisions of this
chapter is specifically authorized to issue. The granting of a special
exception when specifically authorized by the terms of this chapter
shall be subject to the following standards and criteria. The applicant
for a special exception shall demonstrate, as a condition to approval
of his application, compliance with these criteria and those criteria
specified elsewhere in this chapter for the use in question.
(1)
Such use shall be one which is specifically authorized
as a special exception use in the zoning district wherein the applicant
seeks a special exception.
(2)
Such special exception shall only be granted subject
to any applicable condition and safeguards as required by this chapter.
(3)
Such use shall not adversely affect the character
of the general neighborhood, nor the conservation of property values,
nor the health and safety of residents or workers on adjacent properties
and in the general neighborhood.
(4)
Such use shall be of such size and so located and
laid out in relation to its access streets that vehicular and pedestrian
traffic to and from such use will not create undue congestion or hazards
prejudicial to the general neighborhood.
(5)
Services and utilities shall be made available to
adequately service the proposed use.
(6)
The granting of the special exception shall be consistent
with the Township Comprehensive Plan.
(7)
In granting a special exception, the Board may attach
such reasonable conditions and safeguards, in addition to those expressed
in this chapter, as it may deem necessary to implement the purpose
of this chapter and the Pennsylvania Municipalities Planning Code,
as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
D.
To exercise any other power specifically granted to
the Board under the terms of this chapter.
[Amended 6-17-2003 by Ord. No. 204-2003]
A.
Where the Board, in this chapter, has stated conditional
uses to be granted or denied by the Board pursuant to express standards
and criteria, the Board shall hold hearings on and decide requests
for such conditional uses in accordance with such standards and criteria.
The hearing shall be conducted by the Board or the Board may appoint
any member or an independent attorney as a hearing officer. The decision
or, where no decision is called for, the findings may be made by the
Board. However, the appellant or the applicant, as the case may be,
in addition to the municipality 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. In granting a conditional
use, the 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 this act in this chapter.
B.
Decision; appeals.
(1)
The Board shall render a written decision or, when
no decision is called for, make written findings on the conditional
use application within 45 days after the last hearing before the Board.
Where the application is contested or denied, each decision shall
be accompanied by findings of fact or conclusions based thereon, together
with any reasons therefor. Conclusions based on any provisions of
this act or of any ordinance, rule or regulation shall contain a reference
to the provision relied on and the reasons why the conclusion is deemed
appropriate in the light of the facts found.
(2)
Where the Board fails to render the decision within the period required by this subsection or fails to commence, conduct or complete the required hearing as provided in § 184-189I(1), the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the Board to meet or render a decision as hereinabove provided, the Board shall give public notice of the decision within 10 days from the last day it could have met to render a decision in the same manner as required by the public notice requirement of this section. If the Board shall fail to provide such notice, the applicant may do so.
(3)
Nothing in this subsection shall prejudice the right
of any party opposing the application to appeal the decision to a
court of competent jurisdiction. 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 no later than the day
following its date.
A.
The Board shall act in accordance with the procedures
specified by the Pennsylvania Municipalities Planning Code, as amended,[1] and by this chapter. All appeals and applications made
to the Board shall be in writing, on forms prescribed by the Board.
Every appeal or application shall refer to the specific provision
of this chapter involved and shall exactly set forth the interpretation
that is the grounds for any challenges to the validity of this chapter,
the use for which a special exception is sought or the details of
the variance that is applied for and the grounds on which it is claimed
that the variance should be granted, as the case may be. All appeals
and any stay of proceedings shall be in accordance with the Pennsylvania
Municipalities Planning Code, as amended.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
B.
Applications and appeals, together with the required
filing fee as established by the Township Supervisors, shall be submitted
to the Secretary of the Zoning Hearing Board. As a minimum, all material
required for a zoning permit shall be submitted with the application.
The applicant shall also submit a description of the operations proposed
in sufficient detail to indicate the effects of those operations proposed
in producing traffic congestion, noise, glare, water pollution, fire
hazards, safety hazards or other potentially harmful activities.
Unless otherwise specified by the Board, a special
exception or variance shall expire if the applicant fails to obtain
a zoning permit, where required, within 18 months from the date of
authorization of the special exception or variance.
The Secretary of the Zoning Hearing Board shall
forward a copy of any application for a special exception or variance
to the Township Planning Commission and Township Supervisors for the
opportunity to review and comment at least 30 days prior to the hearing
held by the Board on such application.
When an application for either a special exception,
variance or a conditional use has been filed with either the Zoning
Hearing Board or Township Supervisors and the subject matter of such
application would ultimately constitute either a land development
or a subdivision, as defined, no change or amendment of the zoning,
subdivision or other governing ordinance or plans shall affect the
decision on such application adversely to the applicant, and the applicant
shall be entitled to a decision in accordance with the provisions
of the governing ordinances or plans as they stood at the time the
application was duly filed. Provided, further, that should such an
application be approved by either the Zoning Hearing Board or Township
Supervisors, as relevant, the applicant shall be entitled to proceed
with the submission of either land development or subdivision plans
within a period of six months or longer or as may be approved by either
the Zoning Hearing Board or the Township Supervisors following the
date of such approval in accordance with the provisions of the governing
ordinances or plans as they stood at the time the application was
duly filed before either the Zoning Hearing Board or Township Supervisors,
as relevant. If either a land development or subdivision plan is so
filed within said period, such plan shall be subject to the provisions
of the Township land regulations.
