(A) Membership of Board. The Zoning Hearing Board shall consist of five residents of the township appointed by the Board of Supervisors. The existing terms of office shall continue, with terms of office being five years, and with the terms being so fixed that the term of office of one member shall expire each year. Members of the Board shall hold no other elected or appointed office in the township nor shall any member be an employee of the municipality.
(1) Alternate members. The Board of Supervisors may appoint alternate members of the Zoning Hearing Board within the applicable provisions of the Pennsylvania Municipalities Planning Code, being 53 P.S. §§ 10101 et seq. (Note: as of the adoption date of this chapter, such provisions were in § 903(b) (53 P.S. §§ 10903(b)) of such Act.)
(2) Expenditures. Within the maximum amount of funds appropriated by the Board of Supervisors, the Zoning Hearing Board may employ or contract for secretaries, legal counsel, and other technical and clerical services. Members and alternate members may receive compensation, within limits established by the Board of Supervisors, for the performance of its duties.
(B) Vacancies. Appointments to fill vacancies shall be only for the unexpired portion of a term.
(C) Organization. The applicable provisions of the Pennsylvania Municipalities Planning Code, as amended, being 53 P.S. §§ 10101 et seq. shall apply. (As of the adoption date of this chapter, these provisions were in §§ 906(a), (b) and (c) of such Act (53 P.S. §§ 10906(a),(b) and (c).)
(D) Zoning Hearing Board jurisdiction and functions. The Zoning Hearing Board shall be responsible for the following.
(1) Appeal of a decision by the Zoning Officer.
(a) The Board shall hear and decide appeals where it is alleged by an affected person, entity or the Board of Supervisors that the Zoning Officer has improperly acted under the requirements and procedures of this chapter.
(b) See time limitations for appeals in division (E) below.
(2) Challenge to the validity of the ordinance or map. The applicable provisions of the Pennsylvania Municipalities Planning Code, as amended, being 53 P.S. §§ 10101 et seq., shall apply. (Note: as of the adoption date of this chapter, these provisions were primarily in §§ 909.1 (53 P.S. §§ 10909.1) and 916 (53 P.S. §§ 10916) of such Act.)
(3) Variance.
(a) The Board shall hear requests for variances filed with the township staff in writing.
(b) Standards: the Board may grant a variance only within the limitations of state law.
(c) Note: as of the adoption date of this chapter, the Municipalities Planning Code, being 53 P.S. §§ 10101 et seq. provided that all of the following findings must be made, where relevant:
1. 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. Because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the zoning chapter and a variance is therefore necessary to enable the reasonable use of the property;
3. Such unnecessary hardship has not been created by the appellant;
4. 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
5. 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.
(c) 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.
(4) Special exception.
(a) The Board shall hear and decide requests for all special exceptions filed with the township staff in writing. The Board shall only permit a special exception that is authorized by this chapter. See § 155.034.
(b) Conditions: in granting a special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards, in addition to those expressed in the chapter, as it may deem necessary to implement the purposes and intent of this chapter.
(5) Persons with disabilities. After the Zoning Officer receives a complete written application, the Zoning Hearing Board shall grant a special exception allowing modifications to specific requirements of this chapter that the applicant proves to the satisfaction of the Zoning Hearing Board are required under applicable federal law to provide a “reasonable accommodation” to serve persons who the applicant proves have “disabilities” as defined in and protected by such laws.
(a) Such reasonable accommodations shall be requested in accordance with the United States Fair Housing Amendments Act of 1988, being 42 U.S.C. §§ 3601 et seq. and/or the Americans with Disabilities Act, being 42 U.S.C. §§ 12101, as amended.
(b) If the applicant is requesting a reasonable accommodation under the United States Fair Housing Amendments Act of 1988, being 42 U.S.C. §§ 3601 et seq. or the Americans with Disabilities Act, being 42 U.S.C. §§ 12101, the applicant shall identify the disability which is protected by such statutes, the extent of the modification of the provisions of this chapter necessary for a reasonable accommodation and the manner by which the reasonable accommodation requested may be removed when such person(s) with a protected disability no longer will be present on the property.
(c) Any modification approved under this section may be limited to the time period during which the persons with disabilities occupy or utilize the premises.
(6) Other matters. The Zoning Hearing Board shall also hear any other matters as set forth in the Pennsylvania Municipalities Planning Code, as amended, being 53 P.S. §§ 10101 et seq. (Note: as of the adoption date of this chapter, such provisions were primarily within § 909.1 (53 P.S. §§ 10909) of such law.) The Zoning Hearing Board also may hear appeals of other matters if authorized under a separate township ordinance.
(E) Time limits for appeals. The applicable provisions of the Pennsylvania Municipalities Planning Code, as amended, being 53 P.S. §§ 10101 et seq., shall apply. (Note: as of the adoption date of this chapter, these provisions were in § 914.1 (53 P.S. §§ 10914.1) of such Act.)
(F) Stay of proceedings. The stay of proceedings provisions of the Pennsylvania Municipalities Planning Code, as amended, being 53 P.S. §§ 10101 et seq., shall apply. (Note: as of the adoption date of this chapter, such provisions were in § 915.1 (53 P.S. §§ 10915.1) of such Act.)
(G) Time limits on permits and approvals.
(1) (a) After a variance is approved or other zoning approval (such as special exception approval) is officially authorized, then any applicable zoning and building permits shall be secured by the applicant within 12 months after the date of such approval or authorization. The work authorized by zoning permits shall then be completed within 12 months after the issuance of the permits.
(b) However, if a variance is approved to address a violation of this zoning chapter, then the permit shall be acquired and the work completed within six months after the variance is approved, with no further time extension.
(2) Extension: in response to an applicant stating good cause in writing, the Zoning Officer may extend in writing the time limit for completion of work to a maximum total of 24 months after permits are issued.
(3) If an applicant fails to obtain the necessary permits or begin construction within the above time periods, or allows interruptions in substantial construction of longer than 12 months, the Zoning Officer shall conclusively presume that the applicant has waived, withdrawn or abandoned approvals, variances and permits under this chapter and all such approvals, variances and permits shall be deemed automatically rescinded by the township.
(H) Multiple applications. No more than one application for the same property shall be pending before the Zoning Hearing Board for special exception approval at any time.
(Ord. 126, passed 3-18-2010; Ord. 126A, passed 2-7-2013)