(a)

Members of the Zoning Hearing Board shall be appointed and removed and the Zoning Hearing Board shall be organized in accordance with the applicable state law, the Municipalities Planning Code.

(b)

The Zoning Hearing Board shall conduct hearings and make decisions in accordance with the applicable state law, the Municipalities Planning Code, as amended. The validity of such decisions are as follows:

(1)

Should an applicant fail to commence the construction and/or use for which a use variance has been granted within one year from the date the applicant receives the use variance, or should an applicant commence the use for which a use variance has been granted but then abandon that use, then the use variance shall be voided and nullified as if the same had never been granted.

(2)

Should an applicant fail to commence the construction and/or use for which dimensional variance has been granted within two years from the date the applicant receives the dimensional variance, or should an applicant commence the construction and/or use of a dimensional variance but then abandon construction and/or use of the dimensional variance, then the dimensional variance shall be voided and nullified as if the same had never been granted.

(3)

In all cases, where an applicant fails to commence the use for which a variance has been granted as set forth in subsections a. and b. above, the applicant may petition the Zoning Hearing Board for an extension of the grant of variance. Any such extension may be for a period of time to be determined by the board, however, no such extension may exceed one year duration. Nothing shall preclude an applicant from requesting and receiving as many extensions as may be reasonably necessary for the applicant to comply with subsections (a) and (b) above, however, the Board may, in its discretion, deny an extension request if, in their board's judgement, an applicant has failed to exercise reasonable diligence in commencing the use of the variance.

(c)

The Zoning Hearing Board shall perform all functions and have all powers contained in the applicable state law, the Municipalities Planning Code, including, but not limited to, hearing appeals from decisions of the Zoning Officer, hearing challenges to the validity of a zoning ordinance or map and hearing requests for variances and special exceptions.

(d)

Appeals to and from the Zoning Hearing Board shall be done in accordance with the applicable state law, the Municipalities Planning Code, as amended.

(e)

The Zoning Hearing Board shall hear requests for variances where it is alleged that the provisions of the zoning ordinance inflict unnecessary hardship upon the applicant. 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 the zoning ordinance 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 the zoning ordinance 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.

In granting any variance, the board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this act and the zoning ordinance.

(f)

In any instance where the Zoning Hearing Board is required to consider a request for special exception from the requirements of the provisions of this chapter authorizing the special exception and such application contains no standards for such special exception, the Zoning Hearing Board shall:

(1)

Assure itself that the proposed change is consistent with the spirit, purpose and intent of the zoning ordinance.

(2)

Determine that the proposed change will not substantially injure or detract from the use of the neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded.

(3)

Determine that the proposed change will serve the best interests of the Township, the convenience of the community (where applicable), and the public welfare.

(4)

Consider the effect of the proposed change upon the logical, efficient, and economical extensions of public services and facilities such as public water, sewers, police and fire protection, and public schools, and assure adequate arrangements for sanitation in specific instances.

(5)

Be guided in its study, review, and recommendation by sound standards of subdivision practice where applicable.

(6)

Guide the development of state highway frontage insofar as possible so as to limit the total number of access points and encourage the frontage of buildings on parallel marginal roads or on roads perpendicular to the highway.

(7)

Consider the suitability of the proposed location of an industrial or commercial use with respect to probable effects upon highway traffic, and assure adequate access arrangements in order to protect major highways from undue congestion and hazard.

(8)

Ascertain the adequacy of sanitation and public safety provisions, where applicable, and require a certificate of adequacy of sewage and water facilities from a governmental health agency in any case required herein or deemed advisable.

(9)

Require that all commercial or industrial parking, loading, access or service areas shall be adequately illuminated at night while in use, and that such lighting, shall be arranged so as to protect the highway and neighboring properties from direct glare or hazardous interference of any kind.

(10)

Impose such conditions, in addition to those required, as are necessary to assure that the general purpose and intent of the zoning ordinance is complied with, which conditions may include, but are not limited to, harmonious design of buildings, planting and its maintenance as a sign or sound screen, and the minimizing of noxious, offensive or hazardous elements.

(g)

An applicant for a dimensional variance shall within 15 days of the filing of any application provide notice by certified mail to all adjacent property owners specifying:

(1)

The name and address of the applicant.

(2)

The name and address of the owner of the property.

(3)

The specific nature of the request contained within the application.

(4)

A statement that a complete copy of the application and all plans submitted therewith are available for inspection by any interested individual at the Bensalem Township Municipal Building, Department of Building and Planning.

(5)

The date, time and location of the hearing.

(h)

An applicant for a use variance shall within 15 days of the filing of any application provide notice by certified mail to all property owners within 400 feet of all property lines specifying all information required in subsections 232-781(g)(1) through (5).

(i)

No hearing on any request for variance shall take place before the Bensalem Township Zoning Hearing Board unless the applicant provides, either prior to or at the commencement of hearing on the application, a certification of service upon all property owners as specified in subsections 232-781(g) and (h). The notice shall comply in all respects with the requirements of subsections 232-781(g)(1) through (5).

(j)

The certification shall be accompanied by a copy of the notice and a listing containing the tax parcel number, street address, and name of the property owners so notified.

(k)

The certification of notice shall verify the mailing by certified mail of the required notice, and shall be accompanied by proof of the certified mailing.

(l)

Should any hearing be continued from a date originally set, the notice requirement contained herein shall be satisfied by the announcement or on public record, of the time, date and location for the continued hearing.

(Ord. No. 96-05, Art. XVII(1700), 6-3-96; Amd. of 10-6-00)