There is hereby created a zoning hearing board which shall, for the purpose of this chapter, be referred to as the "board." The membership of the board shall consist of three residents of the Township, appointed by the Township board of supervisors. Members of the board shall hold no other office in the Township, except that no more than one member of the board may also be a member of the Township planning commission. Of the initial appointees to the board, one shall be designated to serve until January 1 following the 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. Their successors in office shall be appointed on the expiration of their respective terms to serve three years.

(Code 1993, ch. 27, § 1101; Ord. No. 2001-1, § 1201, 2-27-2001)

The board shall adopt such rules and regulations to govern its procedures as it may deem necessary. The board shall elect from its own membership its officers, who shall serve annual terms as such and may succeed themselves. Meetings of the board shall be at the call of the chairperson and at such other times as the board may determine. The chairperson, or in his absence, the acting chairperson may administer oaths and compel the attendance of witnesses. 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 where two members are disqualified to act in a particular matter, the remaining member may act for the board. 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. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent, or failing to vote, indicating such fact. The board shall keep full public records of its business and shall submit a report of its activities to the Township board of supervisors once a year.

(Code 1993, ch. 27, § 1102; Ord. No. 2001-1, § 1202, 2-27-2001)

The board shall conduct hearings and make decisions in accordance with the following requirements:

(1)

Public notice shall be given and written notice shall be given to the applicant, the zoning officer, such other persons as the Township board of supervisors shall designate by ordinance and to any person who has made timely request for the same. Written notices shall be given at such time and in such manner as shall be prescribed by ordinance or by rules of the board. In addition to the written notice provided herein, written notice of said hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing.

(2)

The Township board of supervisors may prescribe reasonable fees with respect to hearings before the board. Fees for said hearings may include compensation for the secretary and members of the board, notice and advertising costs and necessary administrative overhead connected with the hearing. The costs, however, shall not include legal expenses of the board, expenses for engineering, architectural or other technical consultants or expert witness costs.

(3)

The hearing shall be held within 60 days from the date of the applicant's request, unless the applicant has agreed in writing to an extension of time.

(4)

The hearing shall be conducted by the board or the board may appoint any member as a hearing officer. The decision, or where no decision is called for, the findings shall be made by the board; however, the appellant or the applicant, as the case may be, in addition to the Township, may, prior to the decision of the hearing, waive the decision or findings by the board and accept the decision or findings of the hearing officer as final.

(5)

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.

(6)

The chairperson or acting chairperson 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.

(7)

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.

(8)

Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded.

(9)

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.

(10)

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.

(11)

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 law or of any ordinance, rule or regulation shall contain a reference to the provisions relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found. If the hearing is conducted by a hearing officer, and there has been no stipulation that his decision or findings are final, the board shall make his 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. Where the board fails to render the decision within the period required by this subsection, or fails to hold the required hearing within 60 days from the date of the applicant's request for a hearing, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the board to meet or render a decision as hereinabove provided, the board shall give public notice of said decision within ten days from the last day it could have met to render a decision in the same manner as provided in subsection (1) of this section. If the board shall fail to provide such notice, the applicant may do so. Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.

(12)

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.

(Code 1993, ch. 27, § 1103; Ord. No. 2001-1, § 1203, 2-27-2001)

(a)

Zoning hearing board. The board shall have exclusive jurisdiction to hear and render final adjudications in the following matters:

(1)

Substantive challenges to the validity of any land use ordinance, except those brought before the Township board of supervisors pursuant to sections 52-411 and 52-358(a).

(2)

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 within 30 days after the effective date of said ordinance.

(3)

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.

(4)

Appeals from a determination by the Township engineer or the zoning officer with reference to the administration of any floodplain or flood hazard provisions within this chapter.

(5)

Applications for variances from the terms of this chapter and any floodplain or flood hazard provisions within this chapter, pursuant to section 52-352.

(6)

Applications for special exceptions under this chapter or floodplain or flood hazard provisions within this chapter, pursuant to section 52-353.

(7)

Appeals from the zoning officer's determination under section 52-359.

(b)

Township board of supervisors. The Township board of supervisors shall have the exclusive jurisdiction to hear and render final adjudications in the following matters:

(1)

All applications for conditional use under the express provisions of this chapter pursuant to section 52-354.

(2)

Applications for curative amendment to this chapter pursuant to sections 52-411 and 52-358.

(Code 1993, ch. 27, § 1104; Ord. No. 2001-1, § 1204, 2-27-2001; Ord. No. 2017-5, § 11, 12-7-2017)

Nothing contained in this article shall be construed to deny the appellant the right to proceed directly to court where appropriate, pursuant to the Pennsylvania Rules of Civil Procedure No. 1091 (relating to action in mandamus).

(Code 1993, ch. 27, § 1105; Ord. No. 2001-1, § 1205, 2-27-2001)

(a)

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 by rule prescribe the form of application and may require preliminary application to the zoning officer. 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 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 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.

(6)

That the use, structure or development permitted by the variance, if authorized, will not adversely affect flood levels, frequencies and velocities; that the use, structure or development is not unusually susceptible to flood damage; that emergency access is available to the use, structure or development; that it is necessary that the use, structure or development be located near the floodplain; and that the use, structure or development will not be located in the floodplain if the use, structure or development will increase the base flood elevation.

(b)

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.

(Code 1993, ch. 27, § 1106; Ord. No. 2001-1, § 1206, 2-27-2001)

(a)

Where the Township board of supervisors, in this chapter, has stated special exceptions to be granted or denied by the board pursuant to express standards and criteria, the board shall hear and decide requests for special exceptions in accordance with such standards and criteria.

(b)

The applicant shall have the burden of proving compliance with the following:

(1)

Consistency of the proposed use with the purpose and intent of this chapter.

(2)

The suitability of the property for the proposed use.

(3)

That the proposed use will not have a substantial adverse effect upon congestion of streets and highways or upon traffic levels of services or any hazards arising therefrom. The board may require the applicant to submit a traffic study prepared by a qualified traffic engineer to satisfy this requirement.

(4)

That the proposed use will not have a substantial adverse effect on the availability of parking in the immediate area.

(5)

That the proposed use will not have a substantial adverse effect on existing or proposed public water, public sewer, public transportation, police and fire protection, public recreation, school facilities, and other public organizations and systems.

(6)

That the proposed use will not have a substantial adverse effect on the health and safety of the citizens of the Township when such use may present a danger from fire, explosion, electrocution, pollution, asphyxiation or other similar dangers.

(7)

That the proposed use will not have a substantial adverse effect upon adjacent properties. Among any other effects on adjacent properties, proposed uses shall not injure or detract from the use or enjoyment or value of the adjacent properties.

(8)

The proposed use shall comply with those criteria specifically listed in article X of this chapter. In addition, the proposed use shall comply with all other applicable regulations contained in this chapter.

(9)

The compatibility of the proposed use with the appearance and general character of the immediate vicinity.

(10)

The compatibility of the proposed use with the Township comprehensive plan.

(11)

The proposed use shall be in the best interest of the Township, and for the convenience of the community and shall not adversely affect the general welfare of the community.

(Code 1993, ch. 27, § 1107; Ord. No. 2001-1, § 1207, 2-27-2001; Ord. No. 2004-2, §§ 48, 49, 10-7-2004)

(a)

Where the Township board of supervisors, in this chapter, has stated conditional uses to be granted or denied by the Township board of supervisors pursuant to express standards and criteria, the Township board of supervisors shall hold hearings on and decide requests for such conditional uses in accordance with such standards and criteria.

(b)

The Township board of supervisors shall render a written decision or, when no decision is called for, make written findings on the conditional use application within 45 days after the last hearing before the Township board of supervisors. Where the application is contested or denied, each decision shall be accompanied by findings of fact or conclusions based thereon, together with any reasons therefor. Conclusions based on any provisions of law or of any ordinance, rule or regulation shall contain a reference to the provisions relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found.

(c)

Where the Township board of supervisors fails to render the decision within the period required by this subsection or fails to hold the required hearing within 60 days from the date of the applicant's request for a hearing, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the Township board of supervisors to meet or render a decision as herein-above provided, the Township board of supervisors shall give public notice of the decision within ten days from the last day it could have met to render a decision in the same manner as required by the public notice requirements of this chapter. If the Township board of supervisors shall fail to provide such notice, the applicant may do so.

(d)

Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction. 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 no later than the day following its date.

(e)

The applicant shall have the burden of proving compliance with the following:

(1)

Consistency of the proposed use with the purpose and intent of this chapter.

(2)

The suitability of the property for the proposed use.

(3)

That the proposed use will not have a substantial adverse effect upon congestion of streets and highways or upon traffic levels of services or any hazards arising there from. The board may require the applicant to submit a traffic study prepared by a qualified traffic engineer to satisfy this requirement.

(4)

That the proposed use will not have a substantial adverse effect on the availability of parking in the immediate area.

(5)

That the proposed use will not have a substantial adverse effect on existing or proposed public water, public sewer, public transportation, police and fire protection, public recreation, school facilities and other public organizations and systems.

(6)

That the proposed use will not have a substantial adverse effect on the health and safety of the citizens of the Township when such use may present a danger from fire, explosion, electrocution, pollution, asphyxiation or other similar dangers.

(7)

That the proposed use will not have a substantial adverse effect upon adjacent properties. Among any other effects on adjacent properties, proposed uses shall not injure or detract from the use or enjoyment or value of the adjacent properties.

(8)

The proposed use shall comply with those criteria specifically listed in article IX of this chapter. In addition, the proposed use shall comply with all other applicable regulations contained in this chapter.

(9)

The compatibility of the proposed use with the appearance and general character of the immediate vicinity.

(10)

The compatibility of the proposed use with the Township comprehensive plan.

(11)

The proposed use shall be in the best interest of the Township, and for the convenience of the community and shall not adversely affect the general welfare of the community.

(f)

In granting a special exception the board may impose such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it deems necessary to effect the intent and purpose of this chapter and to protect the health, safety, and welfare of the citizen of the Township.

(Code 1993, ch. 27, § 1108; Ord. No. 2001-1, § 1208, 2-27-2001; Ord. No. 2004-2, §§ 50, 51, 10-7-2004)

Appeals under § 909.1(a) (1), (2), (3), (4), (7), (8) and (9) of the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended, may be filed with the board in writing by the landowner affected, any officer or agency of the Township, or any person aggrieved. Requests for a variance and for a special exception may be filed with the board by any landowner or any tenant with the permission of such landowner.

(Code 1993, ch. 27, § 1109; Ord. No. 2001-1, § 1209, 2-27-2001)

(a)

No person shall be allowed to file any proceeding with the board later than 30 days after an application for development, preliminary or final, has been approved by an appropriate Township officer, agency or body if such proceeding is designed to secure reversal or to limit the approval in any manner unless such person alleges and proves that he had no notice, knowledge or reason to believe that such approval had been given. If such person has succeeded to his interest after such approval, he shall be bound by the knowledge of his predecessor in interest. The failure of anyone other than the landowner to appeal from an adverse decision by the zoning officer on a challenge to the validity of this chapter or the zoning map of the Township pursuant to section 52-360 shall preclude an appeal from a final approval.

(b)

All appeals from determinations adverse to the landowners shall be filed by the landowner within 30 days after notice of the determination issued.

(Code 1993, ch. 27, § 1110; Ord. No. 2001-1, § 1210, 2-27-2001)

(a)

Upon filing of any proceeding referred to in section 52-355 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 a 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 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.

(b)

All appeals from determinations adverse to the landowners shall be filed by the landowner within 30 days after notice of the determination is issued.

(Code 1993, ch. 27, § 1111; Ord. No. 2001-1, § 1211, 2-27-2001)

(a)

A landowner who desires to challenge on substantive grounds the validity of this chapter or zoning map or any provision thereof, which prohibits or restricts the use or development of land in which he has an interest, or a person aggrieved by a use or development permitted on the land of another by this chapter or zoning map or any other provision thereof, who desires to challenge its validity on substantive grounds, may submit a challenge to the board with a written request that his challenge be heard and decided by the Township board of supervisors. The submission of the written request to the Township board of supervisors shall be governed by the following:

(1)

The challenging party shall make a written request to the board that it hold a hearing on its challenge. The request shall contain the reasons for the challenge.

(2)

Nothing herein contained shall preclude the landowner from first seeking a final approval before submitting his challenge.

(b)

The board shall commence its hearings within 60 days after the request is filed unless the landowner requests or consents to an extension of time.

(c)

Public notice of the hearing shall include notice that the validity of the ordinance or zoning map is in question and shall give the place where and the times when a copy of the request may be examined by the public.

(d)

It the board determines that a validity challenge has merit, the decision of the board shall include recommended amendments to the challenged ordinance which will cure the defects found. In reaching its decision, the board shall consider any amendments, plans and explanatory material submitted by the landowner and shall also consider:

(1)

The impact of the proposal upon streets, sewer facilities, water supplies, schools and other public service facilities.

(2)

If the proposal is for a residential use, the impact of the proposal upon regional housing needs and the effectiveness of the proposal in providing housing units of a type actually available to and affordable by classes of persons otherwise unlawfully excluded by the challenged provisions of the ordinance and zoning map.

(3)

The suitability of the subject tract for the intensity of use proposed by the subject tract's soils, slopes, woodlands, wetlands, floodplains, aquifers, natural resources and other natural features.

(4)

The impact of the proposed use on the subject tract's soils, slopes, woodlands, wetlands, floodplains, natural resources and natural features, the degree to which these are protected or destroyed, the tolerance of the resources to development and any adverse environmental impacts.

(5)

The impact of the proposal on the preservation of agriculture and other land uses which are essential to public health and welfare.

(e)

The hearing shall be conducted in accordance with section 52-349.

(1)

Based upon the testimony presented at the hearing or hearings, the board shall determine whether the ordinance or zoning map is defective, as alleged by the landowner.

(2)

The board shall render its decision within 45 days after the conclusion of the last hearing. If the board fails to act on the landowner's request within the 45 days, a denial of the request is deemed to have occurred on the 46th day after the close of the last hearing.

(3)

The challenge shall be deemed denied when:

a.

The board fails to commence the hearing within the time limits set forth in subsection (b) of this section.

b.

The board fails to act on the request 45 days after the close of the last hearing on the request, unless the time is extended by mutual consent by the landowner and the Township.

(f)

Where a validity challenge is sustained by the board or the court acts finally on appeal from denial of a validity challenge, and the challenge so approved requires a further application for subdivision or land development, the developer shall have two years from the date of such approval to file an application for the appropriate preliminary or final approval. Within the two-year period, no subsequent change or amendment in the zoning, subdivision and land development, or other governing ordinance or plan shall be applied in any manner which adversely affects the rights of the applicant as granted in the sustained validity challenge. Where the proposal appended to the validity challenge is approved but does not require further application under any subdivision or land development ordinance, the developer shall have one year within which to file for a zoning permit. Within the one-year period, no subsequent change or amendment in the zoning, subdivision and land development, or other governing ordinance or plan shall be applied in any manner which adversely affects the rights of the applicant as granted in the sustained validity challenge. During these protected periods, the court shall retain or assume jurisdiction for the purpose of awarding such supplemental relief as may be necessary.

(Code 1993, ch. 27, § 1112; Ord. No. 2001-1, § 1212, 2-27-2001)

In order not to unreasonably delay the time when a landowner may secure assurance that this chapter and the zoning map of the Township under which he proposed to build is free from challenge, and recognizing that the procedure for preliminary approval of his development may be too cumbersome or may be unavailable, the landowner may advance the date from which time for any challenge to the ordinance or zoning map will run under section 52-356 by the following procedure:

(1)

The landowner may submit plans and other materials describing his proposed use or development to the zoning officer for a preliminary opinion as to their compliance with this chapter and the zoning map of the Township. Such plans and other materials shall not be required to meet the standards prescribed for preliminary or final plan approval or for the issuance of a zoning permit so long as they provide reasonable notice of the proposed use or development and a sufficient basis for a preliminary opinion as to compliance.

(2)

If the zoning officer's preliminary opinion is that the use or development complies with this chapter and the zoning map of the Township, notice thereof shall be published once each week for two successive weeks in a newspaper of general circulation in the Township. Such notice shall include a general description of the proposed use or development and its location, by some readily identifiable directive, and the place and times where the plans and other materials may be examined by the public. The favorable preliminary approval under section 52-356 and the time therein specified for commencing a proceeding with the board shall run from the time when the second notice thereof has been published.

(Code 1993, ch. 27, § 1113; Ord. No. 2001-1, § 1213, 2-27-2001)

If a variance is granted or the issuance of a zoning permit is finally approved, or other action by the appellant is authorized, the necessary zoning permit shall be secured and the authorized action began within three months after the date when the variance is finally granted or the issuance of a zoning permit is finally approved or the other action by the appellant is authorized; and the building or alteration, as the case may be, shall be completed within 12 months of said date. For good cause, the board may, upon application in writing stating the reasons therefor, extend either the three-month or 12-month period.

(1)

Should the appellant or applicant fail to obtain the necessary zoning permits within said three-month period, or having obtained the zoning permit should he fail to commence work thereunder within such three-month period, it shall be conclusively presumed that the appellant or applicant has waivered, withdrawn, or abandoned his appeal or his application, and all provisions, variances and permits to him granted shall be deemed automatically rescinded by the board.

(2)

Should the appellant or applicant commence construction or alteration within said three-month period, but should he fail to complete such construction or alteration within said 12-month period, the board may, upon ten days' notice in writing, rescind or revoke the granted variance, or the issuance of the zoning permit, or the other action authorized to the appellant or applicant. If the board finds that no good cause appears for the failure to complete within such 12-month period, or if the board further finds that conditions have so altered, or changed in the interval since the granting of the variance, permit or action, that revocation or rescission of the action is justified.

(3)

Should the zoning hearing board grant an extension to the three-month period to secure and begin the authorized action or an extension to the 12-month period to complete the authorized action, such extension should be added to the requested time period.

(Code 1993, ch. 27, § 1114; Ord. No. 2001-1, § 1214, 2-27-2001; Ord. No. 2004-2, § 52, 10-7-2004)