Chartiers Township Washington County
City Zoning Code

Membership and terms. The Supervisors shall appoint by resolution a Zoning Hearing Board consisting of three or five members who are residents of the Township and who shall hold no other Township office. The terms of office shall be three years for a three-member Board and five years for a five-member Board. The terms shall be fixed so that the term of office of one member shall expire each year. The Board shall promptly notify the Supervisors of any vacancies. Appointments to fill vacancies shall be only for the unexpired portion of the term.

Alternates. The Supervisors may appoint by resolution at least one but no more than three Township residents to serve as alternate members of the Board. The term of office shall be three years. Alternates shall hold no other office in the Township. When seated and designated as a voting member as provided in § 350-61B, the alternate shall be entitled to participate in all proceedings and discussions of the Board to the same and full extent as provided by law for Board members, including specifically the right to cast a vote as a voting member during the proceedings, and shall have all the powers and duties set for the MPC[1] and otherwise provided by law.

Officers. The Board shall, at its first meeting each year, elect a Chairman from its membership to serve until a successor has been elected.

Meetings. Meetings shall be open to the public and shall be called by the Chairman and at such other times as the Board shall specify in its rules of procedure. For the conduct of any hearing and the taking of any action, a quorum shall be not less than a majority of all the members of the Board, but the Board may appoint a hearing officer from its own membership to conduct any hearing on its behalf and the parties may waive further action by the Board as provided in MPC Section 908.[1] If, by reason of absence or disqualification of a member, a quorum is not reached, the Chairman of the Board shall designate as many alternate members of the Board to sit on the Board as may be needed to provide a quorum. Any alternate member of the Board shall continue to serve on the Board in all proceedings involving the matter or case for which the alternate was initially appointed until the Board has made a final determination of the matter or case. Designation of an alternate pursuant to this section shall be made on a case-by-case basis in rotation according to declining seniority among all alternates.

Rules and forms of procedure. The Board may make, alter and rescind rules and forms for its procedure, consistent with ordinances of the Township and laws of the commonwealth.

Records. The Board shall keep full public records of its business, including minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all or which shall be immediately filed in the office of the Board and which shall be the property of the Township. The Board shall submit a report of its activities to the Supervisors as requested by the Supervisors.

Expenditures for services. Within the limits of funds appropriated by the Supervisors, the Board may employ or contract for secretaries, clerks, legal counsel, consultants and other technical and clerical services. Members of the Board may receive compensation for the performance of their duties, as may be fixed by the Supervisors, but in no case shall it exceed the rate of compensation authorized to be paid to the Supervisors. Alternate members of the Board may receive compensation, as may be fixed by the Supervisors, for the performance of their duties when designated as alternate members pursuant to § 350-61B, but in no case shall such compensation exceed the rate of compensation authorized to be paid to the Supervisors.

Substantive challenges to the validity of any land use ordinance, except those brought before the Supervisors by a landowner together with a request for a curative amendment.

Challenges to the validity of a land use ordinance raising procedural questions 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.

Appeals from the determination of the Zoning Officer, including, but not limited to, the granting or denial of any permit, or failure to act on the application therefor, the issuance of any cease and desist order or the registration or refusal to register any nonconforming use, structure or lot.

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 a land use ordinance.

Applications for variances from the terms of this chapter and flood hazard ordinance or such provisions within a land use ordinance, pursuant to Section 910.2 of the MPC.[2]

Applications for special exceptions under the zoning ordinance or floodplain or flood hazard ordinance or such provisions within a land use ordinance, pursuant to Section 912.1 of the MPC.[3]

Appeals from the determination of any officer or agency charged with the administration of any transfers of development rights or any performance density provisions of this chapter.

Appeals from the Zoning Officer's determination under Section 916.2 of the MPC, entitled "Procedure to obtain preliminary opinion."[4]

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 applications under Article V, Subdivision and Land Development, or Article VII, Planned Residential Development, of the MPC.

Notice. Public notice shall be given and written notice shall be given to the applicant, the Zoning Officer, such other persons as the Supervisors shall designate by ordinance and to any person who has made timely request for public notice. 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 shall be conspicuously posted on the affected tract of land at least one week prior to the hearing. Written notices shall also be sent to adjacent property owners and property owners within 300 feet of the property involved in the application for a variance or special exception. Notices shall be sent by regular mail no more than 30 days nor less later than seven days prior to the date of the hearing.

Parties. 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. The Board shall have power to require that all persons who wish to be considered parties enter appearances in writing on forms provided by the Board for that purpose.

The Chairman or Acting Chairman of the Board or the hearing officer presiding 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.

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.[2]

Stenographic record. The Board or the hearing officer, as the case may be, shall keep a stenographic record of the proceedings. The appearance fee for a stenographer shall be shared equally by the applicant and the Board. The cost of the original transcript shall be paid by the Board if the transcript is ordered by the Board or hearing officer or shall be paid by the person appealing from the decision of the Board if such appeal is made, and in either event the cost of additional copies shall be paid by the person requesting such copy or copies. In other cases, the party requesting the original transcript shall bear the cost thereof.

Communication. The Board or the hearing officer 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, except advice from their solicitor, 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 representative unless all parties are given an opportunity to be present.

Decision and findings. 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 therefor. Conclusions based on any provisions of this act or of any ordinance, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in light of the facts found.

When there has been no stipulation that the hearing officer's decision or findings are final. If the hearing is conducted by a hearing officer and there has been no stipulation that the hearing officer's decision or findings are final, the Board shall make the hearing officer's 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.

Failure to render a decision within the period required. Where the Board fails to render the decision within the period required by the MPC or fails to hold the required hearing within 60 days from the date of the applicant's request for a hearing, the provisions of Section 908(9) of the MPC[3] shall apply unless the applicant has agreed in writing or on the record to an extension of time.

Notice of decision and findings. 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. 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.

Time limitations.

Who may appeal. Appeals may be made to the Board by any landowner affected, any officer or agency of the Township, or any person aggrieved.

All appeals and applications to the Board shall be submitted to the Zoning Officer in accordance with the rules of procedure established by the Board.

All appeals and applications shall contain the following:

Board functions. The Board shall hear and decide requests for variances where it is alleged that the provisions of this Chapter 350, Zoning, inflict unnecessary hardship upon the applicant.

Who may apply. The landowner or tenant with the permission of such landowner may apply for relief where it is alleged that the provisions of this chapter inflict unnecessary hardship upon the applicant or upon appeal from a decision of the Zoning Officer.

Findings required. No variance shall be granted until the applicant has established and the Board has made all of the following findings where relevant in a given case:

Conditions. In granting any variance, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter.

Expiration. A variance granted by the Board shall expire automatically without written notice to the applicant if no application for a zoning permit, building permit or grading permit to undertake the work described in the decision granting the variance has been submitted within 12 months of said decision, unless the Board, in its sole discretion, extends the variance upon written request of the applicant received prior to its expiration or unless the Board specifically grants a longer period of time in its decision. The maximum extension permitted shall be one twelve-month extension. A variance granted by the Board prior to the adoption of this section shall be subject to the provisions of this section; however, the twelve-month period shall begin with the date of adoption of this section.

Additional requirements in floodplain districts. See §§ 350-78C(5), Special exceptions and variances: additional factors to be considered, and 350-79E, Variances.

Board's function. Where this chapter, in accordance with the use regulations for the zoning district in which a property is located, allows uses by special exception granted or denied by the Board pursuant to express standards and criteria, the Board shall hear and decide requests for such special exceptions in accordance with such standards and criteria and general criteria set forth in this chapter.

Who may apply. The landowner or any tenant with the permission of such landowner may apply for a special exception.

Conditions. In granting any special exception, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter.

Expiration. A special exception granted by the Board shall expire automatically without written notice to the applicant if no application for a zoning permit, building permit, or grading permit to undertake the work described in the decision granting the special exception has been submitted within 12 months of said decision, unless the Board, in its sole discretion, extends the special exception upon written request of the applicant received prior to its expiration or unless the Board specifically grants a longer period of time in its decision. The maximum extension permitted shall be one twelve-month extension. A special exception granted by the Board prior to the adoption of this section shall be subject to the provisions of this section; however, the twelve-month period shall begin with the date of adoption of this section.

Additional requirements in floodplain districts. See § 350-78C(5), Special exceptions and variances: additional factors to be considered.

Upon filing of any proceeding for an appeal under § 350-62A, B, C, D, G, H, and I of this chapter and during its pendency before the Board, all land development pursuant to any challenged ordinance, order or approval of the Zoning Officer or of any agency or body, and all official action thereunder, shall be stayed unless the Zoning Officer or any other appropriate agency or body certifies to the Board facts indicating that such stay would cause imminent peril to life or property, in which case the development or official action shall not be stayed otherwise than by a restraining order, which may be granted by the Board or by the court having jurisdiction of zoning appeals, on petition, after notice to the Zoning Officer or other appropriate agency or body.

When an application for development, preliminary or final, has been duly approved and proceedings designed to reverse or limit the approval are filed with the Board by persons other than the applicant, the applicant, in accordance with the provisions of Section 915.1 of the MPC,[1] may petition the court having jurisdiction of zoning appeals to order such persons to post bond as a condition to continuing the proceedings before the Board.