(A) Creation, appointment and organization. The membership of the Zoning Hearing Board shall consist of three residents of the municipality appointed by the governing body. Members of the Board may receive compensation for the performance of their duties, as may be fixed by the governing body, but in no case shall the rates of compensation exceed that paid to the governing body. Their terms of office shall be three years and shall be so fixed that the terms of office of one member shall expire each year. The Zoning Hearing Board shall promptly notify the governing body of any vacancies that occur. Appointments to fill vacancies shall be only for the unexpired portion of the term. Members of the Zoning Hearing Board shall hold no other office in the municipality.
(B) Alternate members. The governing body may appoint one to three residents of the municipality to serve as alternate members of the Zoning Hearing Board. Their terms shall be three years. Any alternate may participate in any proceeding or discussion of the Board but shall not be entitled to vote as a member of the Board, nor be compensated, unless designated by the Chairperson of the Board as a voting alternate member pursuant to § 906 of the Pennsylvania Municipalities Planning Code (Act 247, 1968, as amended by Act 170, 1988, 53 P.S. § 10906). Alternate members may hold no other office in the municipality.
(C) Powers and duties.
(1) The Zoning Hearing Board shall hear and decide appeals from any order, requirements, decision or determination made by the Zoning Officer in the administration of this chapter.
(2) The Zoning Hearing Board shall hear and decide all matters referred to or upon which it is required to pass under this chapter and other applicable laws of the commonwealth.
(3) The Zoning Hearing Board shall hear and decide appeals where it is alleged by the appellant that the Zoning Officer has failed to follow prescribed procedures or has misinterpreted or misapplied any provision of a valid ordinance or map or any valid rule or regulation governing the action of the Zoning Officer.
(4) The Zoning Hearing Board shall hear challenges to the validity of a zoning ordinance or map. In all such challenges, 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.
(5) The Zoning Hearing 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 the following findings are made where relevant in a given case:
(a) There are unique physical circumstances or conditions, peculiar to the particular property, and that the unnecessary hardship is due to such conditions;
(b) 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) Such unnecessary hardship has not been created by the appellant;
(d) 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; and
(e) The variance will represent the minimum variance that will afford relief.
(6) The Zoning Hearing Board may authorize special exceptions where the governing body in this chapter has made provision for such procedures pursuant to express standards and criteria. The Board may attach such additional conditions and safeguards as it may deem necessary.
(D) Procedure. The procedure of the Zoning Hearing Board shall be governed by the provisions of applicable laws of the commonwealth, and such rules, not inconsistent therewith, as the Board may adopt. In general, the procedure for appeal from action of the Zoning Officer shall be as follows.
(1) Any appeal from the requirements of this chapter shall be taken by filing with the officer, from whom the appeal is taken, and with the Zoning Hearing Board, a notice of appeal, specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all of the documentary material constituting the record upon which the action appealed was taken.
(2) The appellant shall, at the time of filing his or her appeal, pay to the township a fee as determined by the governing body to defray, or help defray, the required advertising costs.
(3) Each case as provided for under this chapter shall be heard and/or tried on its merits at a public hearing. All hearings shall be conducted in accordance with the requirements of the Pennsylvania Municipalities Planning Code (see 53 P.S. §§ 10101 et seq.), as amended, with respect to such proceedings. Notice of such hearing shall be given by publishing in a newspaper of general circulation in the township in accordance with applicable law. Written notice shall be given to the applicant, the Zoning Officer and such other persons as the Township Supervisors shall designate by ordinance. The Board shall give the notices required by law to all parties in interest, and it may adjourn any hearing for the purpose of giving such further notice.
(4) In addition, written notice of said hearings shall be conspicuously posted on the affected tract of land at least one week prior to the hearing. Also, the Board shall give written notice of all variance hearings to all property owners within 250 feet of the subject property at least one week prior to the hearing.
(5) Hearings shall be held within 60 days from the date of the applicant’s request, unless an extension of time has been agreed to in writing by the applicant.
(6) The Planning Commission shall furnish all pertinent narrative material, maps, charts and other data relative to the problem for reference by all concerned. The Board may adjourn any hearing for the purpose of reviewing such data as may be pertinent to the problem and request interpretations of said data by a representative of the Planning Commission.
(7) The Board shall decide each case within 45 days after the last hearing or as otherwise specified by appropriate statute. A copy of the final decision or finding shall be delivered to the applicant personally or mailed to him or her not later than the day following its date. Notice thereof shall be given to all parties in interest. The Board’s decision shall be immediately filed in its office and be a public record. In the exercise of its functions upon such appeals or upon exceptions, the Board may in conformity with law, reverse or affirm wholly or partly, or modify the order requirement, decision or determination appealed from, or make such order requirement, decision or determination as it determines.
(8) A copy of the final decision or, where no decision is called for, the findings, shall be delivered to the applicant personally or mailed to him or her not later than the day following its date. To all other persons who have filed their name and address 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.
(2003 Code, § 170-77) (Ord. 2-93, passed 5-4-1993)