Charlestown Township
City Zoning Code
City Zoning Code
PART 19
ZONING HEARING BOARD
§ 27-1901 Establishment and Membership.
[Ord. 6/20/1979]
There shall be a Zoning Hearing Board consisting of three residents of the Township who shall be appointed by the Board of Supervisors; and the Board of Supervisors shall appoint one such member to serve until the first day of January following the effective date of this chapter, one until the first day of the second January thereafter, and one until the first day of the third January thereafter, and the Board of Supervisors shall appoint their successors on the expiration of their respective terms to serve for three years, and shall fill any vacancy for the unexpired portion of such vacant term. The Board of Supervisors may reappoint members at the expiration of their term. Members of the Board shall hold no other office in the Township. Any member of the Board may be removed for malfeasance, misfeasance or nonfeasance in office, or for other just cause, by a majority vote of the Board of Supervisors, taken after the Board member has received 15 days advance written notice of the intent to take such a vote, and a hearing shall be held in connection with such vote if the member shall so request in writing.
§ 27-1902 Organization and Procedure.
[Ord. 6/20/1979]
The Board shall elect from its own membership, its officers, who shall serve annual terms and may succeed themselves. For the conduct of any hearing and the taking of any action a quorum shall be required, consisting of not less than a majority of all the members of the Board; but, where any two members are disqualified to act in a particular matter, the remaining member may act for the Board. The Board may make, alter and rescind rules and forms for its procedure, consistent with this chapter, and the laws of the Commonwealth of Pennsylvania. The Board shall keep full public records of its business and shall submit a report of its activities to the Board of Supervisors once each year. Within the limits of funds appropriated by the Board of Supervisors, the Board may employ or contract for secretaries, clerks, attorneys, consultants and other technical and clerical services. However, the Solicitor for the Zoning Hearing Board shall be a different individual than the Solicitor for the Board of Supervisors. Members of the Board may receive compensation for the performance of their duties, as may be fixed by the Board of Supervisors; but, in no case shall it exceed the rate of compensation authorized to be paid to the members of the Board of Supervisors.
§ 27-1903 Hearings.
[Ord. 6/20/1979]
1.
The Board shall conduct hearings and make decisions in the following manner:
A.
All hearings shall be public, except that the Board after a hearing shall be concluded, may conduct its deliberation in executive session.
B.
Notice of hearings shall be given to the public, and to the persons hereinafter designated in the following manner:
(2)
To the applicant, the Zoning Officer, the Township Secretary, each member of the Planning Commission, each member of the Board of Supervisors, to owners of properties adjacent to the affected tract of land, and all parties in interest, or their counsel, if such counsel shall have filed appearance with the Board, by mailing notice of the time, place and purpose of the hearing at least seven days in advance of the date fixed for hearing;
(3)
Notice of hearings, both published and written, shall state, in addition to the time, place and purpose of the hearing, the location of the lot, tract or structure involved, and the nature and extent of the relief sought, and the general nature of the question involved. Notice of said hearing shall be conspicuously posted on the affected tract of land. Written notice of the hearing shall likewise be conspicuously posted on the affected tract of land at least one week prior to the hearing.
(4)
In the event more than one hearing is required to consider any application, or a hearing is continued while in progress to another date, announcement at the hearing to be continued shall be deemed adequate notice of said continued or subsequent hearing. In the event the date or time of the second hearing is changed, then public notice must again be provided as set forth in Subsection 1B(1) and (2), herein. If for any reason the continued hearing is not held within 45 days of the first hearing, then notice must be provided in accordance with Subsection 1B(1) and (2), herein.
(5)
A hearing shall be held within 60 days of the date of the applicant's request, unless the applicant has agreed in writing to an extension of time.
C.
Hearings shall be conducted by the Board and the Chairman, or in his absence, the acting Chairman, shall administer oaths, and may issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by the parties.
D.
The parties to the hearings shall be the Township, any person affected by the application who has made a timely appearance of record before the Board, and any other person, including civic or community organizations, permitted to appear by the Board. All persons who wish to be considered parties must enter appearances in writing.
E.
The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence, and cross-examine adverse witnesses; formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded; and, the Board shall keep a stenographic record of the proceedings, and a transcript of the proceedings and copy of graphic or written material received in evidence shall be made available to any party at cost.
F.
The Board shall not communicate, directly, or indirectly, with any party or his representatives in connection with any issue involved, except upon notice, and opportunity for all parties to participate; shall not take notice of any communication, reports, staff memoranda or other materials unless the parties are afforded an opportunity to contest the material so noticed; and shall not inspect the site or its surroundings after the commencement of hearings, with any party or his respective counsel unless all parties are given an opportunity to be present.
G.
The Board shall render a written decision, or when no decision is called for, make written finding on the application within 45 days after the last hearing before the Board. Each decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons therefore. Conclusions based on any Township 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. Where the Board fails to render a decision within the period required, the decision shall be deemed to have been rendered in favor of the applicant, unless the applicant has agreed in writing to an extension of time.
H.
A copy of the final decision or, where no decision is called for, of the findings, shall be delivered to the applicant personally or mailed to him not later than the day following its date; and, to all other persons who have filed their names and addresses with the Board not later than the last day of the hearing, the Board shall provide, by mail or otherwise, the decision or findings, and a statement of the place where the full decisions or findings may be examined.
§ 27-1904 Functions of Board.
[Ord. 6/20/1979]
1.
The Board shall have and perform the following functions:
A.
Appeals from Zoning Officer. The 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 any ordinance or map, or any rule or regulation governing the action of the Zoning Officer.
B.
Variances. 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 grant a variance provided 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 condition 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 applicant.
(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 or ordinance in issue; and 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.
C.
Substantive challenges to the validity of any land use ordinance, except those brought before the governing body pursuant to §§ 609.1 and 916.1(a)(2) of the Pennsylvania Municipalities Planning Code, 53 P.S. §§ 10609.1, 10916.1(a)(2).
D.
Challenges to the validity of any land use ordinance raising procedural question or alleged defects in the process of enactment or adoption which challenges shall be raised by an appeal taken within 30 days after the effective date of said ordinance. Where the ordinance appealed from is the initial zoning ordinance of the Township and a Zoning Hearing Board has not been previously established, the appeal raising procedural questions shall be taken directly to court.
E.
Appeals from a determination by a municipal engineer or the Zoning Officer with reference to the administration of any floodplain or flood hazard ordinance or such provisions within the zoning or subdivision and land development ordinance.
F.
Applications for special exception under the zoning ordinance or floodplain or flood hazard provisions of the ordinances or such provisions within a land use ordinance, pursuant to § 912.1 of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10912.1.
G.
Appeals from the Zoning Officer's determination under § 916.2 of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10916.2.
H.
Appeals from the determination of the Zoning Officer or Township Engineer in the administration of any land use ordinance or provision thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relate to development not involving Article V or VII applications as defined by the Pennsylvania Municipalities Planning Code, 53 P.S. §§ 10501 et seq., 10701 et seq.