East Goshen Township
City Zoning Code
City Zoning Code
ARTICLE IX
General Provisions
§ 240-55 Zoning Hearing Board.
A.
Appointment.
(1)
The Zoning Hearing Board shall consist of three residents of the Township appointed by resolution by the Board of Supervisors. The Zoning Hearing Board members shall serve terms of three years, so fixed that the term of office of one regular member shall expire each year and so that the terms of a maximum of alternate members expires each year. Members of the Zoning Hearing Board shall hold no other office in the Township.
(2)
Alternate members. Alternate members may be appointed at the option of the Board of Supervisors and may serve within the provisions of the Pennsylvania Municipalities Planning Code, as amended.
B.
Vacancies. The Zoning Hearing Board shall properly notify the Board of Supervisors of any vacancies which occur. Appointments to fill vacancies shall be only for the unexpired portion of a term.
C.
Removal. Any Zoning Hearing Board member may be removed for just cause by a majority vote of the Board of Supervisors, if the member has received 15 days' notice of the intent to take such vote. A hearing shall be held in connection with the vote if the member shall request it in writing.
D.
Organization.
(1)
The Zoning Hearing Board shall elect officers from its own membership. Officers shall serve annual terms and may succeed themselves.
(2)
For the conduct of any hearing and taking of any action, a quorum shall be not less than a majority of all members of the Zoning Hearing Board. But where two members are disqualified to act in a particular matter, the remaining members may act for the Zoning Hearing Board.
(3)
The Zoning Hearing Board may make, alter and rescind rules and forms for its procedure, consistent with all applicable municipal ordinances and laws of the commonwealth.
(4)
The applicant shall pay all fees, as established by the Board of Supervisors, for all proceedings, hearings and actions by the Zoning Hearing Board.
E.
Board jurisdiction.
(1)
The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudications in the following matters:
(a)
Substantive challenges to the validity of this chapter, except those brought before the Board of Supervisors pursuant to 53 P.S. § 10609.1 and 53 P.S. § 10916.1 of the Pennsylvania Municipalities Planning Code.
(c)
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, lot or structure.
(d)
Appeals from a determination by the Township Engineer or Zoning Officer with reference to the administration of floodplain regulations of the Township.
(e)
Applications for variances from the terms of this chapter and/or floodplain regulations of the Township, pursuant to 53 P.S. § 10910.2 of the Pennsylvania Municipalities Planning Code.
(f)
Applications for special exceptions under this chapter, pursuant to 53 P.S. § 10912.1 of the Pennsylvania Municipalities Planning Code.
(g)
Appeals from the determination of any officer or agency charged with the administration of any transfers of development rights or performance density provisions of this chapter.
(h)
Appeals from the Zoning Officer's determinations under 53 P.S. § 10916.2 of the Pennsylvania Municipalities Planning Code.
(i)
Appeals from the determination of the Zoning Officer or Township Engineer in the administration of any zoning ordinance or other land use ordinance with reference to sedimentation and erosion control and stormwater management, insofar as the same relate to development not involving Articles V or VII applications of the Pennsylvania Municipalities Planning Code.
(2)
Records and reports. The Zoning Hearing Board shall keep full records of its proceedings, which records shall be the property of the Township, and shall file such records with the Township Secretary immediately following their decisions. These records shall form a public record.
§ 240-56 Appeals from the Zoning Officer.
A.
Parties appellant. All appeals from the Zoning Officer may be filed with the Zoning Hearing Board, in writing, by the landowner affected, any officer or agency of the Township or any person aggrieved.
B.
Appeals. All appeals from a decision of the Zoning Officer and applications to the Zoning Hearing Board shall be in writing on forms prescribed by the Zoning Hearing Board. Every appeal or application shall include the following:
(1)
The name and address of the applicant or appellant.
(2)
The name and address of the owner of the property to be affected by such proposed change or appeal.
(3)
A brief description and location of the property to be affected by such proposed change or appeal.
(4)
A statement of the present zoning classification of the property in question, the improvements thereon and the present use thereof.
(5)
A statement of the section of this chapter under which the appeal is made and reasons why it should be granted, or a statement of the section of this chapter governing the situation in which the alleged erroneous ruling is being appealed and the reasons for this appeal.
(6)
A reasonably accurate description of the additions or changes intended to be made under this application, indicating the size, material and general construction of such proposed improvements. A plot plan of the property to be affected, indicating the location and size of the lot and the size of existing and intended improvements, shall be attached to the description.
C.
Where the subject matter of an application would ultimately constitute either a land development or a subdivision as both are defined in Section 107 of the Municipalities Planning Code, 53 P.S. § 10107, the Zoning Hearing Board's approval shall be valid for a period of time consistent with the provisions of Section 917 of the Municipalities Planning Code, 53 P.S. § 10917. If such approval does not involve or require land development and/or subdivision approval, such approval shall expire if the applicant fails to apply for a building permit or a use and occupancy permit, as the case may be, within 18 months from the date of the Zoning Hearing Board's approval. The Zoning Hearing Board may authorize an extension of time to obtain such permits, or to submit land development/subdivision plans, at the time of the hearing, or upon a future written request by the applicant which may be acted upon by the Zoning Hearing Board at a subsequent meeting of the Zoning Hearing Board.
[Amended 12-18-2018 by Ord. No. 129-D-2018]
D.
Appeal from the Zoning Hearing Board. In the case of an appeal from the Zoning Hearing Board to the Court of Common Pleas, the Zoning Hearing Board shall make the return required by law, and shall promptly notify the Township Solicitor of such appeal and furnish him with a copy of the return, including the transcript of testimony. Any decision of the Zoning Hearing Board not appealed within 30 days after notice thereof shall be final.
§ 240-57 Special exception plans, procedures and conditions.
This section sets forth conditions and procedures which must be met before a special exception use can be approved by the Zoning Hearing Board and be granted a zoning permit.
A.
Plan requirements. All applicants for a special exception use must submit six sets of site plans to the Zoning Officer when making application for a zoning permit. If the application is considered a land development or subdivision it must also meet the requirements outlined in Chapter 205, Subdivision and Land Development, which is in addition to the following site plan requirements:
(1)
A statement as to the proposed use of the building or land.
(2)
A site layout drawn to a scale of not less than one inch equals 50 feet showing the location, dimensions and height of proposed buildings, structures or uses and any existing buildings in relation to property and street lines. If the application relates to property which is scheduled to be developed in successive stages, such plans shall show the relationship of the portion scheduled for initial development to the proposed layout of the entire property.
(3)
The location, dimensions and arrangements of all open spaces and yards and buffer yards, including methods and materials to be employed for screening.
(4)
The location, size, arrangement and capacity of all areas to be used for motor vehicle access, off-street parking, off-street loading and unloading and provisions to be made for lighting such areas.
(5)
The dimensions, location and methods of illumination for signs, if applicable.
(6)
The location and dimensions of sidewalks and all other areas to be devoted to pedestrian use.
(7)
Provisions to be made for treatment and disposal of sewage and industrial wastes, water supply and storm drainage.
(8)
The capacity and arrangement of all buildings used or intended to be used for dwelling purposes, including the proposed density in terms of number of dwelling units per acre of land.
(9)
A description of any proposed industrial or commercial operations in sufficient detail to indicate effects of those operations in producing noise, glare, air pollution, water pollution, fire hazards, traffic congestion or other safety hazards.
(10)
Description of methods to be employed in controlling any excess noise, air pollution, smoke, fumes, water pollution, fire hazards or other safety hazards.
B.
Standards for special exceptions. The Zoning Hearing Board shall approve a proposed special exception if the applicant demonstrates compliance with the following:
(1)
All of the standards of § 240-31C(2).
(2)
The applicable standards in § 240-31C(3).
(3)
Chapter 205, Subdivision and Land Development, as amended, except that the Zoning Hearing Board shall defer to the Board of Supervisors for determination of technical compliance with such chapter.
(4)
All applicable federal, state and Township laws and regulations.
C.
Conditions for special exceptions. The Zoning Hearing Board shall consider all of the general standards as well as any specific standards that may be listed for the proposed use. The Zoning Hearing Board may impose reasonable conditions on a special exception use as it determines are necessary to ensure compliance with Township ordinances and state and federal regulations; to protect the public health and safety; and to ensure compatibility and avoid nuisances among nearby uses.
§ 240-58 Variances.
A.
Applicant. Requests for a variance may be filed with the Zoning Hearing Board, in writing, on forms prescribed by the Zoning Hearing Board, by any landowner or any tenant with written permission of the landowner.
B.
Standards for a variance. The Zoning Hearing Board may grant a variance, provided that all of the following findings, where relevant, are made 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 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 nor 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.
C.
Additional conditions and safeguards. In granting any variance, the Zoning Hearing Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter and the Pennsylvania Municipalities Planning Code, as amended.
D.
Where the subject matter of a variance application would ultimately constitute either a land development or a subdivision as both are defined in Section 107 of the Municipalities Planning Code, 53 P.S. § 10107, the Zoning Hearing Board's approval shall be valid for a period of time consistent with the provisions of Section 917 of the Municipalities Planning Code, 53 P.S. § 10917. A variance approval that does not involve or require land development and/or subdivision approval shall expire if the applicant fails to apply for a building permit or a use and occupancy permit, as the case may be, within 18 months from the date of the Zoning Hearing Board's approval. The Zoning Hearing Board may authorize an extension of time to obtain such permits, or to submit land development/subdivision plans, at the time of the hearing, or upon a future written request by the applicant which may be acted upon by the Zoning Hearing Board at a subsequent meeting of the Zoning Hearing Board.
[Amended 7-1-2008 by Ord. No. 129-D-08; 12-18-2018 by Ord. No. 129-D-2018]
E.
Persons with disabilities. After having received a complete written application, the Zoning Hearing Board may grant a variance to specific section(s) of this chapter if the applicant proves to the clear satisfaction of the Zoning Hearing Board that such modifications are necessary to provide a reasonable accommodation under the Americans With Disabilities Act, 42 U.S.C. § 12101 et seq., and/or the Federal Fair Housing Act and/or applicable state and federal law, as amended, to serve persons who the applicant proves have disabilities as defined in and protected by such laws.
[Amended 7-1-2008 by Ord. No. 129-D-08]
§ 240-59 Hearings and procedures.
A.
Parties appellant before Board. Appeals under 53 P.S. § 10909.1(a)(1), (2), (3), (4), (7), (8) and (9) of the Pennsylvania Municipalities Planning Code, as amended, may be filed with the Zoning Hearing 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 Zoning Hearing Board by any landowner or any tenant with the permission of such landowner.
B.
Time limitations.
(1)
No person shall be allowed to file any proceeding with the Zoning Hearing Board later than 30 days after any 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.
(2)
The failure of anyone other than the landowner to appeal from an adverse decision on a tentative or preliminary plan pursuant to 53 P.S. § 10909 of the Pennsylvania Municipalities Planning Code (regarding a PRD)[1] or from an adverse decision by a Zoning Officer or a challenge to the validity of this chapter or Zoning Map pursuant to 53 P.S. § 10916.2 of the Pennsylvania Municipalities Planning Code (regarding validity of ordinance) shall preclude an appeal from a final approval except in the case where the final submission substantially deviates from the approved tentative or preliminary approval.
[1]
Editor's Note: Former 53 P.S. § 10909 of the Pennsylvania Municipalities Planning Code was repealed 1988, Dec. 21, P.L. 1329, No. 170. See now 53 P.S. § 10909.1.
(3)
All appeals from determinations adverse to the landowners shall be filed by the landowner within 30 days after notice of the determination is issued.
C.
Stay of proceedings. Fifty-three P.S. § 10915 of the Pennsylvania Municipalities Planning Code, as amended,[2] shall apply, and is hereby included by reference within this chapter.
[2]
Editor's Note: Former 53 P.S. § 10915 of the Pennsylvania Municipalities Planning Code was repealed 1988, Dec. 21, P.L. 1329, No. 170. See now 53 P.S. § 10914.1.
D.
Hearings. The Zoning Hearing Board shall conduct hearings and make decisions in accordance with the following:
(1)
Notice of hearings. Notice of all hearings of the Zoning Hearing Board shall be given as follows:
(a)
Public notice shall be published at least twice in a newspaper of general circulation in the Township. The first publication shall not be more than 30 days nor less than seven days from the date of the hearing. The notice shall state the time and place of the hearing and the particular nature of the matter to be considered. Notice of such hearing shall also be on the affected tract of land at least one week prior to the hearing.
(b)
Notice of the Planning Commission meeting(s) at which the application will be discussed and of the hearing shall be given to the applicant, the Zoning Officer, the Planning Commission, the Board of Supervisors, property owners within 1,000 feet of the subject property and any other persons or group, including civic or community organizations who have made a timely request for such notice by personally delivering or mailing a copy of the published notice. The notice shall be mailed by the Township at least 30 days prior to the date of the hearing by first class mail to the addresses to which the real estate tax bills are sent for all real property, as evidenced by tax records within the possession of the Township. A good faith effort and substantial compliance shall satisfy the requirements of this subsection. If the subject property is within 1,000 feet of the Township boundary, the adjoining municipality shall be notified.
[Amended 9-19-2006 by Ord. No. 129-E-06]
(c)
Excepting that, if the date for the Zoning Hearing Board hearing has not been determined as of the date the notice is mailed, the notice shall be deemed to comply with § 240-59D(1)(b), provided that it contains the following:
[Amended 9-19-2006 by Ord. No. 129-E-06]
(d)
The Board of Supervisors may establish reasonable fees, based on cost, to be paid by the applicant for any notice required by this chapter and by persons requesting any notice not required by this chapter.
(2)
Time of hearing. The Zoning Hearing Board shall schedule and hold a public hearing on the application within 60 days from the date of receipt of the applicant's application, unless the applicant has agreed in writing to an extension of time. Each subsequent hearing before the Board shall be held within 45 days of the prior hearing, unless otherwise agreed to by the applicant in writing or on the record. An applicant shall complete the presentation of his case-in-chief (the part of the hearing in which the applicant presents evidence to support his or her claim or defense) within 100 days of the first hearing. Upon the request of the applicant, the Board shall assure that the applicant receives at least seven hours of hearings within the 100 days, including the first hearing. Persons opposed to the application shall complete the presentation of their opposition to the application within 100 days of the first hearing held after the completion of the applicant's case-in-chief. An applicant may, upon request, be granted additional hearings to complete his case-in-chief, provided the persons opposed to the application are granted an equal number of additional hearings. Persons opposed to the application may, upon the written consent or consent on the record by the applicant and the Township, be granted additional hearings to complete their opposition to the application, provided the applicant is granted an equal number of hearings for rebuttal.
[Amended 10-29-2002 by Ord. No. 129-Q-02; 10-21-2003 by Ord. No. 129-L-03]
(3)
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 Zoning Hearing Board and any other person, including civic or community organizations permitted to appear by the Zoning Hearing Board. The Zoning Hearing Board shall have power to require that all persons who wish to be considered parties enter appearances, in writing, on forms provided by the Zoning Hearing Board for that purpose.
(4)
Oaths and subpoenas. The Chairman or Acting Chairman of the Zoning Hearing Board 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.
(5)
Representation by counsel. 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.
(6)
Evidence. Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded.
(7)
Record. The Zoning Hearing 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 Zoning Hearing 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.
(8)
Ex parte communications. The Zoning Hearing 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. The Zoning Hearing Board 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. After the commencement of hearings, the Zoning Hearing Board shall not inspect the site or its surroundings with any party or his representative, unless all parties are given an opportunity to be present.
(9)
Referral to Planning Commission. All applications to the Zoning Hearing Board shall be referred to the Planning Commission for review. The Planning Commission shall provide any comments to the Board of Supervisors within 45 days of such referral. The Board of Supervisors shall then have the authority to determine any official position of the Township with respect to the application. However, the Zoning Hearing Board shall act upon an application within having received comments of the Planning Commission or Board of Supervisors when such action is required to meet time limitations under state law.
(10)
Decision/findings. The Zoning Hearing Board 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 Zoning Hearing Board. Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereof together with the reasons thereof. Conclusions based on any provisions of the MPC 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 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 section, or fails to commence or complete the required hearing as provided in this section, 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.
[Amended 10-29-2002 by Ord. No. 129-Q-02]
(11)
Notice of decision.
[Amended 7-21-2009 by Ord. No. 129-H-09]
(a)
A copy of the final decision or, where no decision is called for, a copy of the findings shall be delivered to the applicant personally or mailed to him not later than the day following the date of the decision. To all persons who have filed their names and addresses by the last day of the hearing with the Zoning Hearing Board, the Board shall provide (in person, by mail or otherwise), not later than the day following the date of the decision, a brief notice of the decision or findings and a statement of the place where the full decision or findings may be examined.
(b)
When a decision has been rendered in favor of the applicant because of the failure of the Zoning Hearing Board to meet or render a decision as hereinabove provided, the Township shall give public notice of said decision within 10 days in the same manner as provided in § 240-59D(1).
§ 240-60 Validity of this chapter.
53 P.S. § 10916.1 et seq. and 53 P.S. § 10609.1 et seq. of the Pennsylvania Municipalities Planning Code, as amended, shall apply and such sections are hereby included into this chapter by reference.