North Franklin Township Washington County
City Zoning Code

Appointment of alternate members. The Township 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. When seated pursuant to the provisions of § 460-1501B, 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 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 chapter, the Municipalities Planning Code, and as otherwise provided by law. Alternates shall hold no other office in the Township, including membership on the Planning Commission and Zoning Officer. Any alternate may participate in any proceeding or discussion of the Zoning Hearing Board but shall not be entitled to vote as a member of the Zoning Hearing Board, nor be compensated, unless designated as a voting alternate member pursuant to § 460-1501B of this chapter.

Participation by alternate members. 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 Board has made a final determination of the matter or case. Designation of an alternate pursuant to this subsection shall be made on a case-by-case basis in rotation according to declining seniority among all alternates.

Jurisdiction. The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudication in the following matters:

Appeals. Any person, or any officer or agency of the Township aggrieved by a decision made by the Zoning Officer, Zoning Hearing Board or other Township Official, under Subsection A(1) through (8), may file an appeal in a timely fashion as provided for by the rules of the Zoning Hearing Board.

Challenges to the validity of an ordinance or map. Any landowner who, on substantive grounds, desires to challenge the validity of this chapter or the Zoning Map or any amendment thereto under Section 909.1 of the Pennsylvania Municipalities Planning Code[3] shall submit a written request to the Zoning Hearing Board containing all of the information required by Section 916.1 of the Pennsylvania Municipalities Planning Code.[4]

Any person aggrieved by a use or development permitted on land of another person which is authorized by this chapter or the Zoning Map or any amendment who desires to challenge its validity on substantive grounds thereto shall first submit their challenge, in writing, to the Zoning Hearing Board in accordance with Section 916.1 of the Municipalities Planning Code stating the substantive grounds for the challenge.

Variances. In accordance with Section 910.2 of the Pennsylvania Municipalities Planning Code,[5] the Zoning Hearing Board may grant a variance, provided that all of the following findings are made when relevant in a given case. The Zoning Hearing Board shall hear requests for variances where it is alleged that the provisions of this chapter inflict unnecessary hardship upon the applicant.

Uses by special exception. The Zoning Hearing Board shall have the power to hear and decide applications for uses by special exception as authorized by this chapter. The Zoning Hearing Board shall approve a use by special exception only if it meets the general standards contained in § 460-1301 and the express standards and criteria for the specific use contained in § 460-1302 of this chapter. In granting a use by special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards, in addition to those expressly listed in this chapter, as it may deem necessary to properly implement the purposes of this chapter and protect the public health, safety and welfare.

Fees for hearings. The Township 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. Fees shall be established from time to time by resolution of the Township Supervisors. A copy of the current fee schedule shall be available for public inspection from the Township Secretary.

Stenographer's appearance fee and transcripts. The appearance fee for a stenographer shall be shared equally by the applicant and the Zoning Hearing Board. The cost of the original transcript shall be paid by the Zoning Hearing Board if the transcript is ordered by the Zoning Hearing Board or hearing officer or shall be paid by the person appealing from the decision of the Zoning Hearing 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.

Specificity. Every appeal or application shall refer to the specific provisions of this chapter which are involved, and shall set forth exactly the interpretation that is claimed, the use for which approval is sought, or the justification for the variance for which application is made.

Hearings. The first hearing shall be held within 60 days of the applicant's request unless the applicant has agreed, in writing, to an extension of time. Public notice, as defined herein, of the hearing shall be given to the public and notice shall be given to the applicant, the Zoning Officer, any person making a timely request and such other persons as the Zoning Hearing Board may designate. Written notices shall be given at such time and in such manner as shall be prescribed by ordinance, or by the rules of the Board. A notice of the hearing shall be posted conspicuously on the affected tract or land in a conspicuous location so that it is visible from the road at least one week prior to the hearing.

Conduct of hearings. All hearings shall be conducted by the Zoning Hearing Board in accordance with the provisions of Section 908 of the Pennsylvania Municipalities Planning Code,[1] this chapter and the rules of the Zoning Hearing Board. A hearing officer may be appointed consistent with the provisions of Section 908 of the Municipalities Planning Code. When a hearing officer is used, the applicant may accept the decision or findings of the hearing officer as final and prior to the decision of the hearing, may waive the decisions of findings of the Zoning Hearing Board.

Decisions. The Zoning Hearing Board shall render a written decision within 45 days after the last hearing. Where the application is contested or denied, each decision shall be accompanied by findings of fact, conclusions based thereon and the reasons therefor. Any conclusions based upon this chapter or the Pennsylvania Municipalities Planning Code shall contain a reference to the appropriate provision, as well as the reasons why the conclusions are deemed appropriate in view of the facts found. All decisions will be made or findings rendered at a public meeting of the Zoning Hearing Board. If the hearing is conducted by a hearing officer, and there has been no stipulation that his decision or findings are final, the hearing officer shall submit his report within 15 days, and the Zoning Hearing Board shall make his report and recommendations available to the parties within 15 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.

Deemed decisions. Where the Zoning Hearing Board fails to render the decision within the forty-five-day period or fails to hold the required hearing within 60 days 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 failure of the Zoning Hearing Board to meet or render a decision, the Zoning Hearing Board shall give public notice of the decision within 10 days from the last day it could have met to render a decision. Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to the Court of Common Pleas.

Notice of decision. A copy of the final decision, or, where no decision is called for, the findings, shall be delivered to the applicant personally or mailed to him not later than the day following the date of the signing of the decision. If the applicant is present at the meeting or hearing at which the decision is rendered, he will have been deemed to have received notice. A brief notice of the decision or findings shall be sent to all parties who have filed a timely appearance along with a statement that a full copy of the text thereof may be examined at the Township Building during regular office hours.

Participation in mediation. Participation in mediation shall be wholly voluntary. The appropriateness of mediation shall be determined by the particulars of each case and the willingness of the parties to negotiate. Any municipality offering the mediation option shall assure that, in each case, the mediating parties, assisted by the mediator as appropriate, develop terms and conditions for:

Evidence from mediation proceedings. No offers or statements made in the mediation sessions, excluding the final written mediated agreement, shall be admissible as evidence in any subsequent judicial or administrative proceedings.

No person shall file any proceeding before the Zoning Hearing Board later than 30 days after a preliminary or final application for development 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 on an application for tentative approval of a planned residential development or from an adverse decision by a Zoning Officer on a challenge to the validity of an ordinance or map filed pursuant to Section 916.2 of the Pennsylvania Municipalities Planning Code[1] shall preclude an appeal from a final approval except in the case where the final submission substantially deviates from the approved tentative approval.

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

Upon filing of any proceeding and during its pendency before the Zoning Hearing 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 Zoning Hearing 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 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. 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.

The question whether or not such petition should be granted and the amount of the bond shall be within the sound discretion of the Court. An order denying a petition for bond shall be interlocutory. An order directing the responding party to post a bond shall be interlocutory.

All appeals from decisions rendered by the Zoning Hearing Board shall be taken to the Washington County Court of Common Pleas and shall be filed within 30 days after the entry of the decision or, in the case of a deemed decision, within 30 days after the date upon which notice of said deemed decision is given as required by § 460-1504E of this chapter.