Loading...
1. The 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 taking of any action, a quorum shall be not less than a majority of all the members of the Board.
2. Meetings and hearings of the Board shall be held at the call of the chairperson of the
Board and at such other times as determined by the Board by majority vote.
3. The Board shall, upon appeal of a decision by an administrative official, decide any question involving the interpretation of any provision of this Chapter, including determination of the exact location of any district boundary if there is uncertainty with respect thereto.
(Ord. 3/9/1993B, § 1004)
The Board shall conduct hearings and make decisions in accordance with the following requirements.
A. Public notice of all hearings shall be given and written notice shall be given to the applicant, the Zoning Officer, such other persons as the Board of Township Supervisors 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 written notice of said hearing shall be conspicuously posted on the affected tract of land at least 1 week prior to the hearing.
B. The Board of Township Supervisors may prescribe reasonable fees with respect to hearings before the Board. Fees for said hearing may include compensation for the secretary, notice and advertising costs and necessary administrative services connected with the hearing. The costs shall not include legal expenses of the Board, expenses for engineering, architectural or other technical consultants or expert witness costs.
C. The first 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. 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.
D. The decision, or in the case that no decision is called for, the findings shall be made by the Board. However, the applicant may, prior to the decision of the Zoning Hearing Board, waive decision or findings by the Board and accept the decision or findings of the hearing officer as final.
E. The parties to the hearing shall be the Township, 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.
F. The chairperson of the Board or the hearing officer 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.
G. 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.
Formal rules of evidence shall not apply, but irrelevant immaterial, or unduly repetitious evidence may be excluded.
I. 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 therefore. Conclusions based on any provisions of the Pennsylvania Municipalities Planning Code, as amended, or 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 Section, 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 in the same manner as provided in subsection (A) of this Section. Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of omnipotent jurisdiction.
J. 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 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 of findings and a statement of the place at which the full decision or findings may be examined.
(Ord. 3/9/1993B, § 1005)
1. Parties to proceedings authorized in this Part and by the Pennsylvania Municipalities Planning Code may utilize mediation as an aid in completing such proceedings. In no case shall the Board initiate mediation or participate as a mediating party. Mediation shall supplement, not replace, those procedures in this Part.
2. 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. The Township shall assure, that, in each case, the mediating parties, assisted by the mediator, as appropriate, develop terms and conditions for:
A. Funding mediation.
B. Selecting mediators who at a minimum, shall have a working knowledge or municipal zoning and subdivision procedures and demonstrated skills for mediation.
C. Completing mediation, including time limits for such completion.
D. Suspending time limits otherwise authorized in this Chapter and in the Pennsylvania Municipalities Planning Code, provided there is written consent by the mediating parties, and by the applicant or municipal decision-making body if either is not a party to the mediation.
E. Identifying all parties and affording them the opportunity to participate.
F. Subject to legal restraints, determining whether some or all of the mediation sessions shall be open or closed to the public.
G. Assuring that mediated solutions are in writing and signed by the parties, and become subject to review and approval by the appropriate decision-making body pursuant to the authorized procedures set forth in the Pennsylvania Municipalities Planning Code.
3. 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.
(Ord. 3/9/1993B, § 1006)
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:
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 unnecessary hardship has not been created by the appellant.
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 or 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.
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.
(Ord. 319/1993B, § 1008)
1. The Board may grant special exceptions only for such uses as are provided for in Part 3, the district regulations, and pursuant to the express standards and criteria outlined in Part 3. In making such determinations, the Board may attach reasonable conditions and safeguards, in addition to those already expressed in this Chapter. The Board's decision to grant a permit for a special exception shall be made only after public notice and hearing.
2. Such permit shall apply specifically to the application and plans submitted and presented at said public hearing. Any subsequent changes or additions shall be subject to further review and public hearing by the Zoning Hearing Board as a separate special exception use.
3. In reviewing requests for special exceptions, the Board shall take into account the following requirements applicable in this Chapter and in the Subdivision and Land Development Ordinance [Chapter 22].
A. That the use is so designed, located and proposed to be operated that the public health, safety, welfare and convenience will be protected.
B. That the use will not cause substantial injury to the value of other property in the neighborhood where it is to be located.
C. That the use will be compatible with adjoining development and the proposed character of the zoning district where it is to be located.
D. That adequate landscaping and screening is provided.
E. That adequate off-street parking and loading is provided and ingress and egress is adequately designed.
F. That the use conforms with all applicable regulations governing the district where located, except as may otherwise be determined for planned residential developments.
G. The provisions for protecting stream corridors are provided, as specified in § 22-413 of the Township Subdivision and Land Ordinance [Chapter 22].
H. That areas with existing or potential sinkholes receive the required consideration as specified in §§ 22-413 and 22-414 of the Township Subdivision and Land Ordinance [Chapter 22].
4. Filing Requirements. In addition to the required building permit information each special exception application shall include the following:
A. Ground floor plans and elevations of proposed structures.
B. Names and address of adjoining property owners including properties directly across a public right-of-way.
C. A scaled drawing (site plan) of the site with sufficient detail and accuracy to demonstrate compliance with all applicable provisions of this Chapter.
D. A written description of the proposed use in sufficient detail to demonstrate compliance with all applicable provisions of this Chapter.
5. General Requirements. In reviewing requests for special exceptions, the Board shall take into account the following requirements along with those found in Part 3 and in other applicable Sections of this Chapter:
A. The proposed use shall be consistent with the purpose and intent of this Chapter.
B. The proposed use shall not detract from the use and enjoyment of adjoining or nearby properties.
C. The proposed use will not substantially change the character of the subject property's neighborhood.
D. Adequate public facilities are available to serve the proposed use (e.g., schools, fire, police and ambulance protection, sewer, water and other utilities, vehicular access and etc.).
E. For development within the floodplain zone, that the application complies with those requirements identified in the Township's Floodplain Ordinance [Chapter 8].
F. The proposed use shall comply with those criteria specifically listed in Part 4 of this Chapter. In addition, the proposed use must comply with all other applicable regulations contained in Chapter.
G. The proposed use will substantially support the integrity of the Township's Comprehensive Plan.
(Ord. 3/911993B, § 1009)
Loading...