A. 
A Zoning Hearing Board is hereby created. The membership of said Board shall consist of five residents of the Township appointed by the Board of Supervisors. Their terms of office shall be five years after expiration of the initial term; said initial term shall be so fixed that the term of office of one member shall expire each year. The Zoning Hearing Board shall promptly notify the Board of Supervisors of any vacancies which occur. Appointment to fill vacancies shall be only for the unexpired portion of the term. Members of the Zoning Hearing Board shall hold no other office or be appointed to any other board or commission in the Township.
B. 
The Board of Supervisors may appoint by resolution at least one but no more than three residents of the Township to serve as alternate members of the Zoning Hearing Board. Alternates shall serve three-year terms and shall be entitled to participate in all proceedings and discussions and to cast a vote if designated as a voting alternate member. Alternates shall hold no other office or be appointed to any other board or commission in the Township.
Any Zoning Hearing Board member or alternate 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 vote. A hearing shall be held in connection with the vote if the member shall request it in writing.
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 a majority of all members of the Zoning Hearing Board and alternates, if appointed, but the Zoning Hearing 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 Zoning Hearing Board as provided in Article IX, Section 908, of the Pennsylvania Municipalities Planning Code, Act 247, as amended.[1] The Zoning Hearing Board may make, alter and rescind rules and forms for its procedure, consistent with ordinances of the Township and laws of the Commonwealth of Pennsylvania. The Zoning Hearing Board shall keep full public records of its business and shall submit a report of its activities to the Board of Supervisors once a year.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A. 
The Zoning Hearing Board shall hear and decide appeals from any order, requirement, decision or determination made by the Zoning Officer in the administration of this chapter.
B. 
The Zoning Hearing Board shall hear and decide all matters referred to it or upon which it is required to pass under this chapter.
C. 
The Zoning Hearing Board shall hear and decide requests for special exceptions in those cases where this chapter indicates a special exception may be granted subject to compliance with the standards and criteria prescribed. 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 purposes of this chapter.
D. 
The Zoning Hearing Board may conduct a hearing and take evidence on a substantive challenge and amendment to this chapter filed by a landowner. The Board may further make findings of fact relative to the challenge and cause to be made a record or transcript, which may serve as the basis for further action. The Zoning Hearing Board shall not make recommendations or render an opinion in such matters and has no authority to alter, change or otherwise grant relief in such cases.
E. 
The Zoning Hearing Board shall hear challenges of validity raising procedural questions or alleged defects in the enactment process if filed within 30 days after the effective date of said ordinance or amendment.
F. 
Appeals from the determination of the Municipal Engineer or Zoning Officer with reference to the administration of Chapter 100, Floodplain Management, shall be heard by the Zoning Hearing Board.
G. 
Appeals from the determination of any officer or agency charged with the administration of transfers of development rights or density provisions shall be heard by the Zoning Hearing Board.
H. 
Appeals from the determination of the Zoning Officer or Municipal Engineer involving stormwater management or erosion and sedimentation control measures shall be heard by the Zoning Hearing Board relative to development other than subdivision or planned residential development applications.
A. 
The Board shall conduct public hearings following publication of notice of said hearings once each week for two consecutive weeks in a newspaper of general circulation in the municipality. Publication shall be made as defined in this article. In addition, written notice shall be provided to the applicant before the Board and other persons so designated by the Board. Written notice shall also be posted conspicuously on the subject property not later than seven days prior to the date of the public hearing.
B. 
Fees for said hearings may include compensation for the Secretary and Board members, notice and advertising costs and administrative overhead costs connected with the hearing. Costs for legal expenses, engineering and technical consultants or expert witnesses shall not be included.
C. 
Within the funding limits established by the Board of Supervisors of the Township of Brighton, the Board may employ or contract for secretaries, clerks, legal counsel, consultants and other technical and clerical services. Members of the Board and designated alternates may receive compensation for the performance of their duties, but in no case shall it exceed the rate of compensation of the Board of Supervisors.
D. 
The Board or Hearing Officer, if so designated, shall keep a stenographic record of the proceedings. The appearance fee for the stenographer shall be shared equally by the applicant and the Board. The cost of the original transcript shall be paid by the Board if 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. In other cases the party requesting the original transcript shall bear the cost.
E. 
The Board or Hearing Officer, if so designated, shall render a written decision or make written findings within 45 days after the last hearing before the Board or Hearing Officer. When 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 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 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. Where the Board fails to render the decision within the period required by this subsection or fails to hold the required hearing within 60 days from the date of the applicant's request for a hearing, 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. 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.
F. 
A copy of the final decision or of the findings shall be delivered to the applicant personally or mailed to him not later than the day following the date of the decision.
G. 
Parties before the Board may utilize mediation as an aid in completing such proceedings. Mediation shall supplement, not replace, those procedures outlined in this article and shall not be interpreted as expanding or limiting municipal police powers. Participation shall be voluntary and be determined by the willingness of parties to negotiate. Terms and conditions of mediation are as follows:
(1) 
Parties must establish a method of funding of the mediation.
(2) 
The selected mediator shall have a working knowledge of municipal (zoning and subdivision) procedures and demonstrate skills in mediation.
(3) 
A time limit for completion or for suspending mediation must be agreed upon.
(4) 
Suspension of time limits otherwise authorized by this article, provided that there is written consent by the mediating parties and by the applicant or Board of Supervisors if either is not a party at the mediation, may be agreed upon.
(5) 
All parties must be identified and afforded an opportunity to participate.
(6) 
Subject to legal restraints, parties shall determine whether some of all mediation sessions are open or closed to the public.
(7) 
Mediated solutions shall be in writing, signed by participating parties and become subject to review and approval by the Zoning Hearing Board pursuant to procedures set forth in this article.
(8) 
No offers or statements made in other than the final written mediated agreement shall be admissible as evidence in any subsequent judicial or administrative proceedings.
H. 
Appeal from the Zoning Officer's decision. Appeals arising from the Zoning Officer's decision on a specific provision of this chapter shall be handled in the same manner as outlined in § 195-155 of this article.
A. 
The landowner shall file a request for a variance with the Zoning Officer along with all maps, plans and text which may be relevant to the request. Said request shall be accompanied by a fee specified by the Board of Supervisors pursuant to the provisions of this article.
B. 
The Zoning Officer shall transmit the request and any information received therewith, along with his file on said issue forthwith to the Zoning Hearing Board.
C. 
Upon receipt of a request for a variance, the Board shall establish a time and place to hear said request within 60 days.
D. 
The Board shall render a decision and inform the applicant of said decision as outlined in § 195-156 of this article.
E. 
The Zoning Hearing Board may grant a variance where the following findings are made:
(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.
(6) 
In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of the Pennsylvania Municipalities Planning Code[1] and this chapter.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[Added 11-13-2001 by Ord. No. 119]
A. 
General criteria.
(1) 
Special exception uses are listed for each zoning district article of this chapter unless otherwise noted. Only those uses expressly listed as special exceptions in a particular zoning district may be considered in that zoning district, except as otherwise specified.
(2) 
Special exceptions shall be accompanied by an application for land development. Compliance with land development requirements shall be required for approval of the development.
(3) 
Any application for a special exception use shall demonstrate that:
(a) 
The use will not endanger the public health, safety or welfare if located where proposed, and will not deteriorate the environment or generate nuisance conditions;
(b) 
The use can be accommodated on the site with no variances required;
(c) 
The use is compatible with or will support the uses in the neighborhood of the site;
(d) 
The use does not require extensive earth moving or revision of drainage patterns or create substantial increase in stormwater flow;
(e) 
The use will not create excessive traffic congestion, and adequate off-street parking is provided on the same property as the use;
(f) 
Areas of the property not to be covered by buildings or paved are to be landscaped and maintained;
(g) 
Primary access points to the property are located as far as possible from road or street intersections, and adequate sight distances for the posted speed limits have been met;
(h) 
The Board may attach such reasonable conditions and safeguards in addition to those expressed herein to implement the purposes of this chapter.
B. 
Procedure for review.
(1) 
A developer proposing a special exception use shall submit three copies of the following materials to the Secretary of the Zoning Hearing Board:
(a) 
A written statement supporting the general criteria outlined in this section and describing in detail the proposed use;
(b) 
An accurate scaled illustrative site plan showing the arrangement of the proposed use on the site, including property lines, uses and structures on adjacent properties, abutting streets, buildings existing and proposed on the site by use and height, points of access into the site, internal driveways, parking area layout with number of spaces noted, freestanding signs to remain or are proposed, areas of earthmoving with proposed grade of finished slopes identified, method of collecting and disposing of stormwater, proposed landscaping and other pertinent information to illustrate the proposal.
(2) 
The Zoning Hearing Board shall call and hold a public hearing pursuant to public notice on the proposal within 60 days of receipt of the required materials and a complete application, in the same manner as for any action requested of it.
(3) 
The Board shall, within 45 days of the conclusion of the public hearing, render a decision on the proposal to either:
(a) 
Approve the use as submitted;
(b) 
Approve the use with conditions determined by the Board;
(c) 
Deny the proposal.
(4) 
The applicant shall have 30 days in which to notify the Board that he accepts any attached conditions. Failure to accept shall render the approval denied for failure to accept the specified conditions.
[Amended 12-11-2017 by Ord. No. 206]
(5) 
The Board shall authorize the Zoning Officer to issue a zoning/building permit for any approved special exception use.
(6) 
Failure of the applicant to apply for a zoning/building permit within one year of receiving approval shall render the decision by the Board null and void.
Any person aggrieved by the rendering of a decision by the Zoning Officer, municipal agency or body shall have 30 days from the date of said decision in which to file an appeal or request for review if such appeal is designed to secure reversal or to limit the approval in any manner unless such person proves that he had no notice or knowledge of such decision.
Appeals from a decision or from the findings of the Zoning Hearing Board shall be filed and handled in the manner prescribed by Act 247, Article IX, as amended, known as the "Pennsylvania Municipalities Planning Code."[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.