Franklin Township Chester County
City Zoning Code
City Zoning Code
PART 22
ZONING HEARING BOARD
§ 27-2201 Organization.
[Ord. 95-07, 12/14/1995, § 2100; as amended by Ord. 2008-04, 11/19/2008, § 1]
1.
Membership.
A.
The membership of the Zoning Hearing Board shall consist of three residents of the Township appointed by resolution by the Board of Supervisors in accordance with Article IX of the Pennsylvania Municipalities Planning Code, as amended, 53 P.S. § 10901 et seq. Each term of office shall be three years and shall be so fixed that the term of office of one member shall expire each year.
B.
Members of the Zoning Hearing Board shall hold no other office in the Township.
C.
The Zoning Hearing Board shall promptly notify the Board of Supervisors of any vacancies which occur. Appointments to fill vacancies shall be only for the duration of the unexpired portion of the term.
D.
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 by the Board of Supervisors. Such vote shall not take place until the member has received 15 days' 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.
2.
Alternates.
A.
The Board of Supervisors may appoint by resolution at least one but no more than three residents of the Township to serve as alternate members of the Zoning Hearing Board. The term of office of an alternate member shall be three years.
B.
Alternates shall hold no other office in the Township including membership on the Planning Commission and Zoning Officer.
C.
When seated pursuant to Subsection 4B below, an alternate shall be entitled to participate in all proceedings and discussions of the Zoning Hearing Board to the same and full extent as provided by law for Zoning Hearing 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 forth in this Part and as otherwise provided by law.
3.
Officers.
A.
The Zoning Hearing Board shall elect from its own membership its officers who shall serve annual terms as such and may succeed themselves.
4.
Quorum.
A.
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 Zoning Hearing Board.
B.
If by reason of absence or disqualification of a member a quorum is not reached, the Chairman of the Zoning Hearing Board shall designate as many alternate members of the Zoning Hearing Board to sit on the Zoning Hearing Board as may be needed to provide a quorum. Any alternate member of the Zoning Hearing 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 Zoning Hearing 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.
5.
Rules. The Zoning Hearing Board may make, alter and rescind rules and forms for its procedure, consistent with ordinances of Franklin Township and the laws of the commonwealth.
6.
Records.
A.
The Zoning Hearing Board shall keep full public records of its business, which records shall be the property of the Township, and shall submit a report of its activities to the Board of Supervisors as requested by the Board.
B.
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.
7.
Compensation.
A.
Members of the Zoning Hearing Board may receive compensation for the performance of their duties, as may be established by the Board of Supervisors, but in no case shall such compensation exceed the rate of compensation authorized to be paid to the members of the Board of Supervisors.
B.
Alternate members of the Zoning Hearing Board may receive compensation, as may be fixed by the Board of Supervisors, for the performance of their duties when designated as alternate members pursuant to Subsection 4B above, but in no case shall such compensation exceed the rate of compensation authorized to be paid to the members of the Board of Supervisors.
§ 27-2202 Jurisdiction.
[Ord. 95-07, 12/14/1995, § 2101; as amended by Ord. 2013-04, 12/18/2013, § 15]
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 any land use ordinance, except those brought before the Board of Supervisors pursuant to §§ 609.1 and 916.1(a)(2) of the Municipalities Planning Code, 53 P.S. §§ 10609.1 and 10916.1(a)(2).
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, structure or lot.
D.
Appeals from a determination by the Township Engineer or the Zoning Officer with reference to the administration of Part 13, FH Flood Hazard District.
§ 27-2203 Public Hearings.
[Ord. 95-07, 12/14/1995, § 2102]
1.
The Zoning Hearing Board shall conduct hearings and make decisions in accordance with the following requirements:
A.
Notice of Hearing. The Zoning Hearing Board shall fix a reasonable time and place for public hearings and shall give thereof as follows:
(1)
By publishing a notice in accordance with the provisions of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., in a newspaper of general circulation in the Township.
(2)
By certified mail, a notice thereof to the applicant and other parties of interest. Any person who has made a timely request for the same shall receive notice, provided such request includes the appropriate mailing fee.
(3)
By mailing a notice thereof to the Zoning Officer, the Township Secretary, each member of the Board of Supervisors, each member of the Planning Commission, the Director of the Chester County Planning Commission and to every person or organization who shall have registered with the Zoning Hearing Board for the purpose of receiving such notices.
(4)
By posting notice of said hearing in a conspicuous location on the affected tract of land at least one week prior to the hearing.
(5)
By mailing or delivering a notice thereof to the owner when the Zoning Hearing Board so orders, if his residence is known, and to the occupier of every lot on the same street within 1,000 feet of the lot or building in question and of every lot not on the same street within 1,000 feet of the said lot or building, provided that failure to give notice as required by this subsection shall not invalidate any action taken by the Zoning Hearing Board.
(6)
The notice herein required shall state the location of the lot or building and the general nature of the question involved.
B.
Time Location. A 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.
C.
Fees. The Board of Supervisors may prescribe reasonable fees with respect to hearings before the Zoning Hearing Board. Fees for said hearings may include compensation for the secretary and members of the Zoning Hearing Board, notice and advertising costs and necessary administrative overhead connected with the hearing. The costs, however, shall not include legal expenses of the Zoning Hearing Board, expenses for engineering, architectural or other technical consultants or expert witness costs.
D.
Conduct of Hearing. The hearings shall be conducted by the Zoning Hearing Board. The Zoning Hearing 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 Zoning Hearing 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 decision or findings by the Zoning Hearing Board and accept the decision or findings of the hearing officer as final.
E.
Parties to the Hearing. The parties to the hearing shall be any person who is entitled to notice under Subsection 1A above and other person permitted to appear by the Zoning Hearing Board.
F.
Powers of the Chairman. The Chairman or Acting Chairman of the Zoning Hearing 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.
G.
Rights of 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.
H.
Exclusion. Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded.
I.
Record of the Proceedings.
(1)
The Zoning Hearing Board or 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 Zoning Hearing Board.
(2)
Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons for such conclusions. Conclusions based on any provisions of this chapter or of any act, 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.
(3)
If the hearing is conducted by a hearing officer and there has been no stipulation that his decision or findings are final, the Zoning Hearing Board shall make his report and recommendations available to the parties within 45 days and the parties shall be entitled to make written representations to the Zoning Hearing Board prior to final decision or entry of findings, and the Zoning Hearing Board's decision shall be entered no later than 30 days after the report of the hearing officer.
(4)
Where the Zoning Hearing Board fails to render the decision within the period by this section, or fails to hold the required hearing within 60 days from the date the applicant requested 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 Zoning Hearing Board to meet or render a decision as herein above provided, the Zoning Hearing Board shall give public notice of said decision within 10 days from the last day it could have met to render a decision in the same manner as provided in Subsection 1A above. If the Zoning Hearing Board fails to provide such notice, the applicant may do so. Nothing in this section shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction. All decisions shall be made at a public meeting.
(5)
A copy of the final decision or, where no decision is called for, of the findings, shall be delivered to the applicant personally or by certified mail to him no later than the day following the date. The Zoning Hearing Board shall provide by mail or otherwise a brief notice of the decision or findings and a statement of the place where the full decision may be examined to all other persons who have filed their names and addresses to the Zoning Hearing Board no later than the last day of the hearing. The original transcript of the record and decisions, when available, shall become part of the public record maintained by the Township.
§ 27-2204 Variances.
[Ord. 95-07, 12/14/1995, § 2103]
1.
The Zoning Hearing Board shall hear requests for variances where it is alleged that the provisions of this chapter inflict unnecessary hardship on an applicant. The Zoning Hearing Board may grant a variance to a provision of this chapter, provided the following standards are satisfied where relevant in a given case:
A.
Unique or Irregular Conditions. Unique physical circumstances or conditions exist, including irregularity, narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property. An unnecessary hardship must be due to such conditions and not the circumstances or conditions generally created by the provisions of this chapter.
B.
Strict Conformity Cannot Occur. Because of the physical circumstances or conditions described in Subsection 1A above, there is no possibility that the property can be developed in strict conformity with the applicable provisions of this chapter and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.
C.
Liability of the Applicant. Such unnecessary hardship described in Subsection 1A above, has not been created by the applicant, subsequent to the adoption of this chapter, or prior ordinances and that strict application of the provisions of this chapter would deprive the applicant of the reasonable use of land, structure or building.
D.
Impact of Variance on District. The variance, if authorized, will not alter the essential character of the neighborhood or zoning 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.
E.
Minimum Variance. 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.
F.
The variance, if authorized, shall be subject to such conditions as will assure that the adjustment to provisions of this chapter shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zoning district in which the property is situated.
G.
Additional Conditions. In granting a variance, the Zoning Hearing Board may attach such reasonable conditions and safeguards in addition to those set forth in this section as it may deem necessary to implement the purpose of the Municipalities Planning Code, 53 P.S. § 10101 et seq., and this chapter.
§ 27-2205 Special Exceptions.
[Ord. 95-07, 12/14/1995, § 2104]
1.
The Zoning Hearing Board shall hear and decide all requests for the approval of special exceptions permitted within this chapter, in accordance with the following standards. It shall be the burden of the applicant to demonstrate to the Zoning Hearing Board that these standards have been met:
A.
Public Health, Safety and Welfare. The proposed structure or use shall not jeopardize the public health, safety and welfare of Township residents.
B.
Compliance with Comprehensive Plan, Open Space and Recreation Plan. The proposed structure or use shall be consistent with the goals and objectives of the Township Comprehensive Plan and the Township Open Space and Recreation Plan.
C.
Compliance with this Chapter. The size, scope, extent and character of the proposed structure or use shall be in compliance with the spirit, purpose, intent and standards of this chapter.
D.
Suitability of the Tract. The proposed structure or use shall be suitable for the tract including environmental conditions, highway access and availability of sewer and water facilities.
E.
Impact on Existing Compatibility with Neighborhood Character. The proposed structure or use shall be compatible with the type of development in the area surrounding the tract and shall not injure or detract from the character of the neighborhood.
F.
Impact on Circulation. Consideration of the effects the proposed special exception will have with respect to traffic patterns and volumes, access, parking and increased congestion.
G.
Design Standards. The proposed structure or use shall be designed such that parking, traffic control, screening, setback and other design standards required by this chapter may be implemented to remove any potential adverse influences created by the proposed structure or use.
H.
Additional Conditions. In granting a special exception, the Zoning Hearing 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 and the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., as amended.
§ 27-2206 Appeals.
[Ord. 95-07, 12/14/1995, § 2105]
1.
Parties Appellant Before the Zoning Hearing Board. Appeals under §§ 27-2202, Subsection 1A, B, C, D, and G, 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 under § 27-2202, Subsection 1E, and for special exception under § 27-2202, Subsection 1F, may be filed with the Zoning Hearing Board by any landowner or any tenant with the permission of such landowner.
[Amended by A.O.]
2.
Time Limitations for Persons Aggrieved.
A.
No person shall be allowed to file any proceeding with the Zoning Hearing Board later than 30 days after an application for development, preliminary or final, has been approved by an appropriate municipal 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.
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.
C.
Stay of Proceedings. Upon filing of any proceeding referred to in Subsection 1 above and while it is pending before the Zoning Hearing Board, all land development to any challenged ordinance, order or approval of the Zoning Officer and all official action shall be stayed unless the Zoning Officer or any other appropriate agency or body certifies to the Zoning Hearing Board facts indicating that such stay would cause imminent peril to life or property. In such cases, the development or official action shall not be stayed other than by a restraining order, which may be granted by the Zoning Hearing Board or by the court having jurisdiction of zoning appeals, on petition, after notice to the Zoning Officer or other appropriate agency or body.
§ 27-2207 Applicability of Judicial Remedies.
[Ord. 95-07, 12/14/1995, § 2106]
Nothing contained in this Part shall be construed to deny the appellant the right to proceed directly to court where appropriate, pursuant to Pennsylvania Rule of Civil Procedure No. 1091.