Montour Township Columbia County
City Zoning Code
City Zoning Code
PART 11
ZONING HEARING BOARD
§ 27-1100 General Provisions.
[Ord. 5/9/1972, § 1100; as amended by Ord. 5/13/1982, § 5; by Ord. 12/15/1987; and by Ord. 12/12/1991B, § 26]
1.
Establishment of Board. A Zoning Hearing Board is established in order that the objectives of this chapter may be fully and equitably achieved and a means for competent interpretation of this chapter provided.
2.
Membership of Board and Election of Officers.
A.
The Montour Township Zoning Hearing Board shall consist of five members, appointed by the Township Supervisors. The terms of office for the members shall be five years, so fixed that the term of office of one member shall expire each year. Members of the Board shall hold no other office in the Township.
B.
The Board shall elect a Chairman, Vice Chairman and Secretary from its membership who shall serve annual terms and may succeed themselves. The Board shall promptly notify the Township Supervisors of any vacancies which occur and of the repeated absence, possible malfeasance, misfeasance, or nonfeasance of any Zoning Hearing Board member. Appointments to fill vacancies shall be only for the unexpired portion of the term.
3.
Removal of Members.
A.
Any Board member may be removed for malfeasance, misfeasance or nonfeasance in office or for other just cause by a majority vote of the Township Supervisors, taken after the member has received 15 days' advance notice of the intent to take such a vote. A public hearing shall be held in connection with the vote if the member shall request it in writing.
B.
Failure to attend three Zoning Hearing Board meetings in one year by any Zoning Hearing Board member will constitute nonfeasance.
4.
Meetings. The Zoning Hearing Board will hold a re-organizational meeting on the first Wednesday following the re-organizational meeting of the Board of Supervisors.
§ 27-1101 Powers and Duties.
[Ord. 5/9/1972, § 1110; as amended by Ord. 7/6/1979A; by Ord. 12/12/1991B, § 26; by Ord. 7/10/1997, § 11; and by Ord. 9/9/2004, § 25]
1.
The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudications in the following matters:
A.
Interpretation and Enforcement Notice Appeals. Any person aggrieved by any determination of the Zoning Officer in the administration of this chapter with respect to the granting or denial of a permit, failure to act on an application, issuance of a cease-and-desist order, enforcement notice or other order under this chapter, refusal to register or the registration of any nonconforming use, lot or structure shall have the right of appeal to the Zoning Hearing Board. Any person aggrieved by any determination of the Zoning Officer or any determination of the Township Engineer with reference to the administration of any provision regarding the floodplain or flood hazards, sedimentation or erosion control or stormwater management insofar as the same relate to development not under application to the Township Planning Commission within this chapter, Chapter 22 or any other land use ordinance, shall have the right of appeal to the Zoning Hearing Board. Interpretation appeals shall be made within 30 days of the receipt of such determination by filing such appeal with the Zoning Officer, specifying the grounds thereof and including the following:
(1)
The name and address of the applicant or appellant;
(2)
The name and address of the owner of the lot or parcel to be affected by such proposed change or appeal;
(3)
A brief description and location of the lot or parcel to be affected by such proposed change or appeal;
(4)
A statement of the present zoning classification of the lot or parcel 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; and
(6)
A reasonably accurate description of the present improvements and the additions or changes intended to be made under this application, indicating the size, material and general construction thereof. In addition, there shall be attached a plot plan of the real property to be affected, indicating the location and size of the lot and size of improvements existing thereon and proposed to be erected thereon.
(7)
The Township shall have the responsibility of presenting its evidence first.
(8)
Any filing fee paid by a party to appeal an enforcement notice to the Zoning Hearing Board shall be returned to the appealing party by the Township if the Zoning Hearing Board or any court in a subsequent appeal rules in the appealing party's favor.
B.
Variance Appeals. Upon appeal from a decision by the Zoning Officer, the Board shall hear requests for variances where it is alleged that the provisions of this chapter, or any floodplain and flood hazard regulations inflict unnecessary hardship upon the applicant. The Board shall prescribe the form of application and require preliminary application to the Zoning Officer. The Board may grant a variance, provided 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 the authorization of a variance is therefore necessary to enable the reasonable use of the property.
(3)
That such unnecessary hardship had 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 and not be detrimental to the public welfare.
(5)
That the variance, if authorized, will represent the minimum variance which will afford relief and the least modification possible of the regulation in issue.
(6)
That the variance for any construction, development, use or activity within any floodway area would not, if granted, cause any increase in the one-hundred-year flood elevation.
(7)
That the granting of the variance will not result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on, or victimization of the public, or conflict with any other applicable local or State ordinance and regulations. 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. Whenever a variance is granted, within a floodplain area, the Township shall notify the applicant, in writing, that:
C.
Special Exception Applications.
(1)
In this chapter, or with respect to floodplain or flood hazard provisions of any Township land use ordinance, special exceptions may be 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. In granting a special exception, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in the chapter, as it may deem necessary to implement the purposes of this chapter. The Board shall pursue the following procedure.
(a)
The Board's decision to grant a permit for special exception use shall be made only after public notice and hearing. Such permit shall apply specifically to the application and plans submitted and presented at said public hearing. Any subsequent amendments or additions shall be subject to review and public hearing by the Zoning Hearing Board as a special exception use.
(b)
No application for a permit shall be granted by the Zoning Hearing Board for any special exception use until said Board has first received and considered an advisory report thereon from the Planning Commission with respect to the location of such use in relation to the needs and growth pattern of the area and, where appropriate, with reference to the adequacy of the site area and arrangement of buildings, driveways, parking areas, off-street truck loading spaces and other pertinent features of the site plan. The Planning Commission shall have 30 days from the date of its receipt of the application within which to file its report thereon. In the event that said Commission shall fail to file its report within such 30 days, such application shall be deemed to have been approved by said Planning Commission.
(2)
The Commission may have representation at the public hearing held by the Zoning Hearing Board on such application. After receipt of the report, the Zoning Hearing Board shall hear the application in the same manner and under the same procedure as it is empowered by law and ordinance to hear cases and make exceptions to the provisions of this chapter. The Zoning Hearing Board may thereafter direct the Zoning Officer to issue such permit if, in its judgment, the use meets all specific provisions and criteria contained in this chapter and the following general provisions.
(a)
In accordance with the Comprehensive Plan and consistent with the spirit, purposes and intent of this chapter;
(b)
In the best interest of the community, the public welfare and a substantial improvement to the property in the immediate vicinity;
(c)
Suitable for the property in question and designed, constructed, operated and maintained so as to be in harmony with and appropriate in appearance to the existing or intended character of the general vicinity;
(d)
In conformance with all applicable requirements of this chapter;
(e)
Suitable in terms of effects on highway traffic and safety, with adequate access arrangements to protect streets from undue congestion and hazard; and
(f)
In accordance with sound standards of subdivision practice, where applicable.
(3)
The Zoning Hearing Board may impose whatever conditions regarding layout, circulation and performance it deems necessary to ensure that any proposed development will secure substantially the objectives of this chapter.
D.
Challenge to Validity of Ordinance. As provided for herein and in accordance with the Pennsylvania Municipalities Planning Code, Section 916.1, as amended,[1] the Board shall hear substantive challenges to this chapter, or parts hereof, or to the Zoning Map. Recognizing that challenges to the validity of an ordinance or map may present issues of fact and interpretation which may lie within the special competence of the Board and to facilitate speedy disposition of such challenges by a court, the Board may hear all challenges wherein the validity of the ordinance or map presents any issue of fact or interpretation not hitherto properly determined at a hearing before another competent agency or body and shall take evidence and make a record thereon. At the conclusion of the hearing, the Board shall decide all contested questions of interpretation and make findings on all relevant issues of fact, which shall become part of the record on appeal to court. 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. The Board shall determine, within 45 days from the conclusion of the last hearing, whether the challenged ordinance, or portion thereof, is defective. If the ordinance is found to be defective, the Board shall include in its decision recommendations to the Board of Township Supervisors on such revisions as would cure the defect, or the identification of such portions as need revision. In reaching its decision, the Zoning Hearing Board shall consider the amendments, plans and explanatory materials submitted by the landowner and any other party to the issue plus the following criteria:
(1)
Impact of the proposal upon roads, sewer facilities, water supplies, schools and other public services and facilities.
(2)
Impact upon regional housing needs and the effectiveness of the proposal in providing affordable housing for classes of persons otherwise unlawfully excluded by the challenged provisions of the ordinance or map.
(3)
Suitability of the site for the intensity of use proposed in view of the site's soils, slopes, woodlands, wetlands, floodplains, aquifers, natural resources and other natural features.
(4)
Impact of the proposed use on the site's soils, slopes, woodlands, wetlands, floodplains, aquifers, natural resources and other natural features as well as the degree to which they are protected or destroyed, the tolerance of the resources to development, plus any adverse environmental impacts.
(5)
Impact of the proposal on the preservation of agriculture and any other land uses which are essential to public health and welfare.
[1]
Editor's Note: See now 53 P.S. § 10916.1.
E.
Challenge to Validity of any Land Use Ordinance. Substantive challenges to the validity of any land use ordinance, except those to be brought before the Board of Supervisors pursuant to Sections 609.1 and 916.1(a)(2) of the Pennsylvania Municipalities Planning Code,[2] shall be heard by the Zoning Hearing Board. Procedural challenges to the validity of any land use ordinance or alleged defects in the process of enactment or adoption shall be raised by an appeal to the Zoning Hearing Board within 30 days after the effective date of said ordinance.
[2]
Editor's Note: See now 53 P.S. §§ 10609.1 and 10916.1.
§ 27-1102 Rules and Procedures.
[Ord. 5/9/1972, § 1120; as amended by Ord. 5/13/1982, § 6; by Ord. 12/12/1991B, § 26; by Ord. 7/10/1997, § 12; and by Ord. 9/9/2004, § 26]
1.
Parties Appellant Before Board. Appeals from a decision of the Zoning Officer and proceedings to challenge the validity of the ordinance may be filed with the Board, in writing, by any officer or agency of the municipality or any person aggrieved. Requests for a variance or special exception, however, must be filed with the Board by any landowner or any tenant with the permission of such landowner.
2.
Hearings Required and Notice of Hearings. The Board shall conduct hearings on any interpretation, variance, special exception, challenge or other matter requiring the Board's decision or other official action. 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. Each subsequent hearing shall be held within 45 days of the prior hearing, unless otherwise agreed to by the applicant, in writing or on the record. Fees, as established by the Township Supervisors, may include all costs included in said Fee Resolution of the Supervisors and shall be payable by the applicant. Upon the filing with the Zoning Hearing Board of an appeal or application, the Board shall fix a reasonable time and place for a public hearing thereon and give notice as follows:
B.
Give written notice to parties in interest who shall be at least those persons whose property adjoin or are across public roads from the property in question, as well as any person who has made timely request for such notice.
C.
Written notice shall be conspicuously posted on the affected tract of land at least one week prior to the hearing.
3.
Conduct of Meetings. The Board shall prescribe rules for the conduct of its meeting, such rules to be in conformance with the Pennsylvania Municipalities Planning Code and this chapter. Meetings shall be held at the call of the Chairman and at such other times as the Board may specify in its rules of procedure. Meetings shall be open to the public, and a quorum of three members shall be required for the Board to take action. The Zoning Hearing Board Chairman or Acting Chairman shall have the power to administer oaths and issue subpoenas to compel attendance of witnesses and the production of relevant documents and papers as directed by the Board and as requested by the parties in interest. 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. In any appeal of an enforcement notice to the Zoning Hearing Board, the Township shall have the responsibility of presenting its evidence first.
4.
Records and Decisions.
A.
The Board shall keep a record of the proceedings stenographically; and a transcript of the proceedings and copies of graphic or written material received in evidence shall be made available to any party at cost. The original transcript cost shall be paid by the party appealing a decision of the Board or otherwise first requesting a transcript, except that where the Board directs that a transcript be prepared the Township shall pay for it. The appearance fee for a stenographer shall be shared equally by the applicant and the Township.
B.
The Board shall keep full public records of its business and shall submit a report of its activities to the Township Supervisors once a year, and as otherwise requested by the Supervisors.
C.
The Board shall render a written decision or, when no decision is called for, make written findings on the application within 45 days. Each decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons therefor. A copy of the decision or findings shall be delivered to the applicant personally or mailed by certified mail, return receipt requested, not later than the day following the date of the decision or findings. 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.
5.
Mediation Option. Where disputes arise in regard to this chapter, the Township may offer to participate in a professionally conducted mediation process pursuant to the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.
6.
Appeals to Court. Any person aggrieved by any decision of the Zoning Hearing Board may, within 30 days after such decision of the Board, appeal to the Court of Common Pleas of Columbia County, Pennsylvania, by petition duly verified, setting forth that such decision is arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law and specify the grounds upon which he relies. Such appeals shall be made in accordance with Article X of the Pennsylvania Municipalities Planning Code (Act 247).[1]
[1]
Editor's Note: Former Article X, Appeals, was repealed in part December 21, 1988, by P.L. 1329, No. 170. See now 53 P.S. § 11001-A et seq.