East Brandywine Township
City Zoning Code
City Zoning Code
ARTICLE XIX
Zoning Hearing Board
§ 399-138 Membership.
A.
Appointment.
(1)
The members of the Zoning Hearing Board shall consist of five residents of the Township appointed by resolution of the Board of Supervisors. Each term of office shall be five years and shall be so fixed that the term of office of one member shall expire each year.
(2)
The Board of Supervisors may appoint by resolution from one to three alternate members to the Zoning Hearing Board. Said members shall be residents of the Township and shall have a term of office of three years.
B.
Vacancies. Appointments to fill vacancies on the Zoning Hearing Board shall be for the duration of the unexpired portion of the term only.
C.
Removal of members. Any member of the Zoning Hearing 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. No vote shall take place until such time as the member has received a fifteen-day advance notice of the intent to take such a vote. A hearing shall be held in connection with the vote if the member shall request it in writing.
D.
The term "Board," if and when used in this article, shall mean the Zoning Hearing Board.
§ 399-139 Organization.
A.
Conduct of the Board. The Zoning Hearing 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 the taking of any action, a quorum shall be not less than a majority of all the members of the Board. The Board may appoint a hearing officer from its own membership to conduct the hearing on its behalf, and the parties may waive further action by the Board and accept the decision or findings of the hearing officer as final, as provided in § 908 of the MPC.[1]
[1]
Editor's Note: See 53 P.S. § 10908.
B.
Establishment of procedure. The Zoning Hearing Board may make, alter and rescind rules and forms for its procedure consistent with the ordinances of the Township and the laws of the Commonwealth. Such rules and forms may require applicants and/or parties to Board proceedings to provide properly certified or authenticated surveys, plans, reports and like documents to the Board. The Board shall maintain full public records of its business.
§ 399-140 Expenditures; fees.
A.
Expenditures. Within the limits of funds appropriated by the Board of Supervisors, the Zoning Hearing 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 established by the Board of Supervisors.
B.
Fees. An applicant or appellant before the Zoning Hearing Board shall pay to the Township at the time of filing the application or appeal, the fees as established by resolution of the Board of Supervisors, for purposes as prescribed in § 908(1.1) of the MPC.[1]
[1]
Editor's Note: See 53 P.S. § 10908(1.1).
§ 399-141 Jurisdiction.
A.
The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final decisions in the matters designated by Section 909.1(a) of the MPC attached as Attachment 6 of this chapter and incorporated herein by reference and made a part hereof.
B.
For special exception applications, the Zoning Hearing Board may grant a special exception only if the application complies with all of the express standards and criteria set forth in this chapter applicable to the specific special exception use. The Zoning Hearing Board has no jurisdiction to grant a variance from any of the express standards and criteria. If an express standard and criteria cannot be complied with, the application shall be considered and decided as an application for a use variance.
§ 399-142 Standing before the Zoning Hearing Board and hearing procedure.
A.
Standing.
(1)
A substantive challenge or an appeal to the Zoning Hearing Board pursuant to Sections 909.1(a)(1), (3), (4), (7), (8) or (9) of the MPC (attached as Attachment 7 of this chapter and incorporated herein by reference and made a part hereof) may be filed by the landowner affected, any officer or agency of the Township, or any person aggrieved. Such appeal shall be taken within the time as stipulated by the MPC and the Rules of Procedure of the Zoning Hearing Board, if any, by filing with the Zoning Officer a notice of substantive challenge or notice of appeal specifying the grounds thereof. The Zoning Officer shall forthwith transmit to the Zoning Hearing Board all the papers constituting the record upon which the action appealed from was taken.
(2)
An application for a variance or special exception may be filed by any landowner.
B.
Notice. Upon filing a request for a hearing, the Zoning Hearing Board shall fix a reasonable time and place for a public hearing and shall give notice thereof as follows:
(2)
By mailing a written notice thereof to the applicant or appellant at least 14 days before the date fixed for the hearing.
(3)
By mailing a written notice thereof to the Zoning Officer, the Township Secretary, each member of the Board of Supervisors, each member of the Planning Commission, and to every person or organization who shall have registered with the Board for the purpose of receiving such notices.
(4)
By posting the written notice thereof of said hearing in a conspicuous location on the affected tract of land, at least one week prior to the hearing.
(5)
By mailing written notice thereof to the owner of every lot on the same street within 1,000 feet (measured along the street frontage) of the lot subject of the hearing in question, and of every lot not on the same street but within a 1,000 foot radius of the said lot, provided that failure to give notice as required by this Subsection B(5) shall not invalidate any action taken by the Zoning Hearing Board.
(6)
The notice herein required shall state the date, time and place of the hearing, the location of the lot or building subject of the application or appeal, and the general nature of the request involved.
C.
The hearing shall be scheduled and conducted and the application or appeal shall be decided in accordance with Section 908 of the MPC, attached as Attachment 8 of this chapter and incorporated herein by reference and made a part hereof.
§ 399-144 Standards for review of variance requests.
A.
Required findings. The Zoning Hearing Board may grant a variance to the provisions of this chapter, provided the findings prescribed in § 910.2 of the MPC[1] are made where relevant in a given case. Section 910.2 of the MPC is attached as Attachment 9 of this chapter and incorporated herein by reference and made a part hereof.
[1]
Editor's Note: See 53 P.S. 10910.2.
B.
Conditions. In granting any variance, the Zoning Hearing Board may attach and impose such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter and the MPC.
§ 399-145 Standards for review of special exception requests.
The Zoning Hearing Board shall hear and decide all requests for special exceptions, as identified within this chapter, in accordance with the following standards:
A.
Relationship to the Comprehensive Plan. Consideration of the size, scope, extent, and character of the proposed special exception and assurance that such proposal is consistent with the purposes and objectives of the East Brandywine Township Comprehensive Plan.
B.
Suitability of the tract. Consideration of the suitability of the proposed tract including, as applicable, environmental conditions, highway access, and availability of sewer and water service.
C.
Impact on existing neighborhood character; consideration of the extent to which the proposed special exception will alter unduly the character of the existing neighborhood and adjacent tracts, and the effectiveness of proposed or potential mitigation measures. Where required by this chapter, an historic resource impact study prepared by the applicant and the review and recommendations of the East Brandywine Township Historical Commission shall be presented to the Zoning Hearing Board by the applicant and made a part of the record of the hearing.
D.
Impact on circulation. Consideration of the effects the proposed special exception may have on traffic patterns and volumes, access, and parking.
E.
Economic impact. Consideration of the character and type of development proposed in terms of generating revenue for the Township and imposing demands on municipal services.