Rapho Township City Zoning Code
ARTICLE VIII
Zoning Hearing Board
§ 350-801 Establishment and membership.
A.
The Township Board of Supervisors shall appoint a Zoning Hearing Board consisting of three members who shall be residents of Rapho Township. Their terms of office shall be three years and shall be so fixed that the term of office of one member shall expire each year. The Township Zoning Hearing Board shall promptly notify the Township Board of Supervisors of any vacancies that occur. Appointments to fill vacancies shall be only for the unexpired portion of the term. Members of the Township Zoning Hearing Board shall hold no other office in the Township of Rapho. Any member of the Township Zoning Hearing Board may be removed for malfeasance, misfeasance, or nonfeasance in office or for other just cause by a majority vote of the Township Board of Supervisors taken after 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.
B.
The Township Board of Supervisors may appoint by resolution at least one, but no more than three residents of Rapho Township to serve as alternate members of the Township Zoning Hearing Board. The term of office of an alternate member shall be three years. When seated pursuant to the provisions of Article VIII of this chapter relating to organization of Zoning Hearing Board (§ 350-802), an alternate shall be entitled to participate in all proceedings and discussions of the Township Zoning Hearing Board to the same and full extent as provided by law for Township 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 chapter and as otherwise provided by law. Alternates shall hold no other office in the Township of Rapho, including membership on the Township Planning Commission and Township Zoning Officer. Any alternate may participate in any proceeding or discussion of the Township Zoning Hearing Board, but shall not be entitled to vote as a member of the Township Zoning Hearing Board nor be compensated pursuant to Article VIII of this chapter relating to expenditures for services (§ 350-803), unless designated as a voting alternate member pursuant to Article VIII of this chapter relating to organization of Zoning Hearing Board (§ 350-802).
§ 350-802 Organization of Zoning Hearing Board.
The Township Zoning Hearing Board shall elect from its own membership its officers, who shall serve annual terms as such and may succeed themselves. For the conduct of any hearing and the taking of any action, a quorum shall be not less than a majority of all members of the Township Zoning Hearing Board, but the Township Zoning Hearing 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 Township Zoning Hearing Board, as provided in Article VIII of this chapter relating to hearings (§ 350-804). If, by reason of absence or disqualification of a member, a quorum is not reached, the Chairman of the Township Zoning Hearing Board shall designate as many alternate members of the Township Zoning Hearing Board to sit on the Township Zoning Hearing Board as may be needed to provide a quorum. Any alternate member of the Township Zoning Hearing Board shall continue to serve on the Township Zoning Hearing Board in all proceedings involving the matter or case for which the alternate was initially appointed until the Township 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. The Township Zoning Hearing Board may make, alter, and rescind rules and forms for its procedure, consistent with ordinances of the Township of Rapho and laws of the Commonwealth. The Township Zoning Hearing Board shall keep full public records of its business, which records shall be the property of the Township of Rapho, and shall submit a report of its activities to the Township Board of Supervisors upon request.
§ 350-803 Expenditures for services.
Within the limits of funds appropriated by the Township Board of Supervisors, the Township Zoning Hearing Board may employ or contract for secretaries, clerks, legal counsel, consultants and other technical and clerical services. Members of the Township Zoning Hearing Board may receive compensation for the performance of their duties, as may be fixed by the Township Board of Supervisors. Alternate members of the Township Zoning Hearing Board may receive compensation, as may be fixed by the Township Board of Supervisors, for the performance of their duties when designated as alternate members pursuant to Article VIII of this chapter relating to organization of Zoning Hearing Board (§ 350-802), but in no case shall such compensation exceed the rate of compensation authorized to be paid to the members by the Township Board of Supervisors.
§ 350-804 Hearings.
A.
The Township Zoning Hearing Board shall conduct hearings and make decisions in accordance with the following requirements:
(1)
Public notice shall be provided. In addition, the Township Zoning Hearing Board shall notify the applicant, Township Zoning Officer, Township Secretary, each member of the Township Board of Supervisors, Secretary of the Township Planning Commission, and every other person or organization who shall have registered with the Township Zoning Hearing Board for the purposes of receiving such notices. Written notices shall be given at such time and in such manner as shall be prescribed by this chapter or, in the absence of Zoning Ordinance provision, by rules of the Township Zoning Hearing Board. In addition to the written notice provided herein, public notice shall also include the posting of a sign at conspicuous locations along the perimeter of the subject property deemed sufficient by the Township to notify potentially interested citizens. This sign(s) shall be posted at least one week prior to the hearing and will exhibit the nature, date, time, and location of the hearing.
(2)
The Township Board of Supervisors may prescribe reasonable fees with respect to hearings before the Township Zoning Hearing Board. Fees for said hearings may include compensation for the secretary and members of the Township 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 Township Zoning Hearing Board, expenses for engineering, architectural or other technical consultants or expert witness costs.
(3)
The first hearing before the Township Zoning Hearing Board or Hearing Officer shall commence 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 Township Zoning Hearing Board or Hearing Officer 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 his case-in-chief, within 100 days of the first hearing. Upon the request of the applicant, the Township Zoning Hearing Board or Hearing Officer shall ensure that the applicant receives at least seven hours of hearings within the 100 days, including the first hearing. Persons opposed to the application may, upon the written consent or consent on the record by the applicant and the Township of Rapho, be granted additional hearings to complete their opposition to the application, provided the applicant is granted an equal number of additional hearings for rebuttal.
B.
The hearings shall be conducted by the Township Zoning Hearing Board, or the Township Zoning Hearing Board may appoint any member, or an independent attorney, as a Hearing Officer. The decision, or, where no decision is called for, the findings shall be made by the Township Zoning Hearing Board; however, the appellant or the applicant, as the case may be, in addition to the Township of Rapho, may, prior to the decision of the hearing, waive decision or findings by the Township Zoning Hearing Board and accept the decision or findings of the Hearing Officer as final.
C.
The parties to the hearing shall be the Township of Rapho, any person affected by the application who has made timely appearance of record before the Township Zoning Hearing Board, and any other person, including civic or community organizations permitted to appear by the Township Zoning Hearing Board. The Township 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 Township Zoning Hearing Board for that purpose.
D.
The Chairman or Acting Chairman of the Township 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.
E.
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.
F.
Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded.
G.
The Township 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 Township Zoning Hearing Board. The cost of the original transcript shall be paid by the Township Zoning Hearing Board if the transcript is ordered by the Township Zoning Hearing Board or Hearing Officer; or shall be paid by the person appealing the decision of the Township 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.
H.
The Township Zoning Hearing 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.
I.
The Township Zoning Hearing 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 Township Zoning Hearing 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 the MPC or of this chapter, 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 Township 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 thereon to the Township Zoning Hearing Board prior to final decision or entry of findings, and the Township Zoning Hearing Board's decision shall be entered no later than 30 days after the report of the Hearing Officer. Except for challenges filed under Section 916.1 of the MPC,[1] where the Township Zoning Hearing Board fails to render the decision within the period required in the this subsection, or fails to commence or complete the required hearing, as provided in the subsection above relating commencing and completing the hearings [§ 350-804A(3)], 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 Zoning Hearing Board to meet or render a decision as above provided, the Township 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 the subsection above relating to The hearings shall be conducted by the Township Zoning Hearing Board (§ 350-804B). If the Township Zoning Hearing Board shall fail 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.
[1]
Editor's Note: See 53 P.S. § 10916.1.
J.
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 Township Zoning Hearing Board not later than the last day of the hearing, the Township Zoning Hearing 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.
K.
Time limitations on Zoning Hearing Board's decision:
(1)
For uses that do not require subsequent subdivision and/or land development approval under the SLDO:
(a)
If the variance or special exception is granted or the issuance of a zoning permit is approved, or other action by the appellant is authorized, the necessary zoning permit shall be secured and the authorized action begun within two years after the date when the variance or special exception is finally granted, or the issuance of a zoning permit is finally approved, or the other action by the appellant is authorized, and the construction or alteration, as the case may be, shall be completed within three years of said date. For good cause, the Township Zoning Hearing Board, upon application in writing, may extend either of the two-year or three-year time period limitation, as applicable, stating the reason for extending such time period.
(b)
Should the appellant or applicant fail to obtain the necessary zoning permit within said two-year time period limitation, or having obtained the zoning permit, should he fail to commence work thereunder within such two-year time period limitation, it shall be conclusively presumed that the appellant or applicant has waived, withdrawn, or abandoned his appeal or his application, and all provisions, variances and zoning permits granted to him shall be deemed automatically rescinded by the Township Zoning Hearing Board.
(c)
Should the appellant or applicant commence construction or alteration within said two-year time period limitation, but should he fail to complete such construction or alteration within said three-year time period limitation, the Township Zoning Hearing Board may, upon 10 days' notice in writing, rescind or revoke the granted variance or special exception, or the issuance of the zoning permit, or the other action authorized to the appellant or applicant, if the Township Zoning Hearing Board finds that a good cause appears for the failure to complete within such three-year time period limitation.
(2)
For uses that require subsequent subdivision and/or land development approval under the SLDO:
(a)
If a variance or special exception is granted, or other action by the appellant is authorized, the applicant shall be required to submit the subsequent subdivision and/or land development application within two years after the date when the variance or special exception is finally granted, or the other action by the appellant is authorized, and the applicant shall have secured a zoning permit for such use within five years of said date. For good cause, the Township Zoning Hearing Board may upon application in writing, state the reasons therefor and extend either the two-year or five-year time period limitation.
(b)
Should the appellant or applicant fail to submit the subsequent subdivision and/or land development application within the two-year time period limitation, it shall be conclusively presumed that the appellant or applicant has waived, withdrawn, or abandoned his appeal or his application, and all approvals granted to him shall be deemed automatically rescinded by the Township Zoning Hearing Board.
(c)
Should the appellant or applicant submit the subsequent subdivision and/or land development application within said two-year time period limitation, but should he fail to secure a zoning permit for such use within said five-year time period limitation, the Township Zoning Hearing Board may, upon 10 days' notice in writing, rescind or revoke the granted approvals, if the Township Zoning Hearing Board finds that no good cause appears for the failure to secure a zoning permit within such five-year time period limitation.
(3)
As an alternative to the preceding requirements set forth in the subsections above relating to time limitations on Zoning Hearing Board's decision (§ 350-804K), an applicant can request, as part of the original application before the Township Zoning Hearing Board, the granting of a timetable associated with the request which would supersede the time period limitations imposed in this subsection above relating to time limitations on Zoning Hearing Board's decision (§ 350-804K). In so doing, the applicant must demonstrate by credible evidence that the times requested are logically related to normal and expected progress of the project. In approving a timetable under this subsection [§ 350-804K(3)], the Township Zoning Hearing Board must establish and bind a definite time frame for:
§ 350-805 Zoning Hearing Board functions.
The Township Zoning Hearing Board shall have the exclusive jurisdiction to hear and render decisions in the following matters:
A.
Substantive challenges to the validity of this chapter. Substantive challenges to the validity of this chapter except those brought before the Township Board of Supervisors pursuant to Article IX of this chapter relating to amendment initiated by a petition from an interested party in amendments (§ 350-905E).
(1)
If a challenge heard by a Township Zoning Hearing Board is found to have merit, the decision of the Township Zoning Hearing Board shall include recommended amendments to the challenged Zoning Ordinance that will cure the defects found. In reaching its decision, the Township Zoning Hearing Board shall consider the amendments, plans and explanatory material submitted by the landowner and shall also consider:
(a)
The impact of the proposal upon roads, sewer facilities, water supplies, schools and other public service facilities.
(b)
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 Zoning Ordinance or Official Zoning Map.
(c)
The suitability of the site for the intensity of use proposed by the site's soils, slopes, woodland, wetlands, floodplains, aquifers, natural resources, and other natural features.
(d)
The impact of the proposed use on the site'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.
(e)
The impact of the proposal on the preservation of agriculture and other land uses which are essential to public health and welfare.
(2)
The Township Zoning Hearing Board, shall render its decision within 45 days after the conclusion of the last hearing. If the Township Zoning Hearing Board fails to act on the landowner's request within this time limit, a denial of the request is deemed to have occurred on the 46th day after the close of the last hearing.
(3)
The Township Zoning Hearing Board shall commence its hearings within 60 days after the request is filed, unless the landowner requests or consents to an extension of time.
(4)
Public notice of the hearing shall be provided as specified in Article IX of this chapter relating to public notice in amendments [§ 350-905B(2)].
B.
Special exceptions. The Township Zoning Hearing Board shall hear and act upon applications for special exceptions, specifically authorized by this chapter. The granting of a special exception shall be subject to the following standards and criteria. The applicant for a special exception shall demonstrate, by credible evidence, compliance with these criteria and those criteria specified elsewhere in this chapter for the use in question:
(1)
Filing requirements for special exception. The special exception application shall include the following:
(a)
Ground floor plans and schematic architectural drawing of the principal building's facade and elevations of proposed structures.
(b)
Names and address of adjoining property owners, including properties directly across a public right-of-way.
(c)
Plot/site plan. Unless otherwise required in Article VI of this chapter, a legibly drawn to scale plot/site plan of the lot including the following shall be submitted:
[1]
Project name or identifying title.
[2]
Name and address of the tract owner and applicant.
[3]
Name of the individual and/or the firm that prepared the plan.
[4]
Location map, drawn to scale, relating the tract to existing streets and municipal boundaries within 1,000 feet of the property.
[5]
The entire tract boundary with bearing and distances.
[6]
Names of all immediately adjacent landowners, and recorded plan name and record book numbers.
[7]
North point, graphic scale, written scale, and date.
[8]
Site data. Site data shall include the following:
[10]
All existing land uses and lot lines within 200 feet of the proposed tract, including the location of all:
[11]
Existing topographic information.
[a]
See Table 8-5.1 in this subsection below for the existing contour and slope interval requirements:
Table 8-5.1 Existing Topographic Information | |
|---|---|
Contour Interval | Slope Range |
1 foot | 0% to 3.0% |
2 foot | 3.01% to 20.0% |
5 foot | 20.1% and greater |
[b]
Lancaster County GIS topography can be utilized to show existing contours.
[12]
Proposed lot configurations.
[13]
Proposed location and design of circulation, parking, and loading systems.
[14]
Proposed location, type, number, and density/intensity of proposed residential and nonresidential uses and buildings.
[15]
Proposed utilities, including water and sewer systems.
[16]
Proposed landscaping and screening plan.
[17]
Conceptual stormwater management design.
[18]
Phasing plan, if applicable.
(d)
A written description of the proposed use in sufficient detail to demonstrate compliance with all applicable provisions of this chapter.
(2)
General criteria. Each applicant must demonstrate, by credible evidence, the proposed use complies with the following:
(a)
The proposed use shall be consistent with the purpose and intent of this chapter and such use is specifically authorized as a use by special exception within the zone wherein the applicant seeks approval.
(b)
The proposed use shall not detract from the use and enjoyment of adjoining or nearby properties.
(c)
The proposed use will not substantially cause a change in the character of the subject property's neighborhood, nor adversely affect the character of the general neighborhood, the conservation of property values, the health and safety of residents or workers on adjacent properties and in the neighborhood, nor the reasonable use of neighboring properties. The use of adjacent properties shall be adequately safeguarded.
(d)
Adequate public facilities are available to serve the proposed use and the proposed use shall not have an adverse effect upon the logical and economic extension of such public services and facilities (e.g., schools; fire, police and ambulance protection; sewer, water and other utilities; parks and recreation; solid waste disposal; vehicular access; etc.).
(e)
The proposed use will not have deleterious impact on adjoining properties or the neighborhood due to impacts and/or by-products of the proposed use, such as noise, dust, odor, smoke, litter, glare, heat, radiation, electromagnetic interference, etc.
(f)
The proposed use will not substantially impair the integrity of the most recent version of the Comprehensive Plan adopted by the Township of Rapho.
(3)
Specific criteria.
(a)
(b)
In addition, the proposed use must comply with all other applicable general and specific requirements and regulations of in this chapter.
(4)
Conditions. The Township Zoning Hearing Board in approving special exception applications, may attach conditions considered necessary to protect the public welfare and the purposes listed above, including conditions which are more restrictive than those established for other uses in the same zone. These conditions shall be enforceable by the Township Zoning Officer, and failure to comply with such conditions shall constitute a violation of this chapter and be subject to the penalties described in Article IX of this chapter.
(5)
Plot/site plan approval. Any plot/site plan presented in support of the special exception pursuant to the subsection above relating to filing requirements for special exception in special exceptions in Zoning Hearing Board's functions [§ 350-805B(1)] shall become an official part of the record for said special exception. Approval of any special exception will also bind the use in accordance with the submitted plot/site plan; therefore, should a change in the plot/site plan be required as part of the approval of the use, the applicant shall revise the plot/site plan prior to the issuance of a zoning permit. Any subsequent change to the use on the subject property not reflected on the originally approved plot/site plan shall require the approval of another special exception.
C.
Variances. The Township Zoning Hearing Board shall hear requests for variances where it is alleged that the provisions of this chapter inflict unnecessary hardship upon the applicant. The Township Zoning Hearing Board may, by rule, prescribe the form of application to the Township Zoning Officer. The Township Zoning Hearing Board may grant a variance, provided that the applicant submits sufficient evidence for the Township Zoning Hearing Board to make the following findings 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 zone 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 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 zone or neighborhood in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, not 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 regulations in issue.
(7)
Conditions.
(a)
In granting any variance, the Township Zoning Hearing Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter. These conditions shall be enforceable by the Township Zoning Officer, and failure to comply with such conditions shall constitute a violation of this chapter and subject to the penalties described in Article IX of this chapter.
(b)
If a zoning permit has been requested, the approved variance with any conditions imposed by the Township Zoning Hearing Board shall be attached to the application. Where the variance is approved prior to the application, then the approved variance with any conditions imposed by the Township Zoning Hearing Board shall be forwarded to the Township Zoning Officer.
D.
Appeals from the determination of the Township Zoning Officer. Appeals from the determination of the Township Zoning Officer, including, but not limited to, the granting or denial of any permit, or failure to act on the application therefore, the issuance of any cease-and-desist order, enforcement notices, or the registration or refusal to register any nonconforming use, structure or lot.
E.
Appeals from a determination by the Township Engineer or the Township Zoning Officer with reference to the administration contained within the Floodplain Overlay (FPO) Zone. Appeals from a determination by the Township Engineer or the Township Zoning Officer with reference to the administration of any provisions contained within the (FPO) Zone as set forth in Article IV of this chapter relating to Floodplain Overlay (FPO) Zone (§ 350-402).
F.
Appeals from the determination of any officer or agency charged with the administration of any transfers of development rights or performance density. 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 determination of the Township Zoning Officer or Township Engineer in the administration of any land use ordinance with reference to sedimentation and erosion control and/or stormwater management for applications not involving a subdivision and/or land development, nor a planned residential development. Appeals from the determination of the Township Zoning Officer or Township Engineer in the administration of any land use ordinance with reference to sedimentation and erosion control and/or stormwater management for applications not involving a subdivision/land development, nor a planned residential development as regulated in Articles V and VII of the MPC, respectively.
§ 350-806 Parties appellant before Zoning Hearing Board.
A.
Appeals under Article VIII of this chapter relating to the Zoning Hearing Board's functions (§ 350-805) in:
(1)
Appeals from the determination of the Township Zoning Officer;
(2)
Appeals from a determination by the Township Engineer or the Township Zoning Officer with reference to the administration contained within the Floodplain Overlay (FPO) Zone;
(3)
Appeals from the determination of any officer or agency charged with the administration of any transfers of development rights or performance density;
(4)
Appeals from the Township Zoning Officer's determination under Section 916.2 of the MPC;[1] and appeals from the determination of the Township Zoning Officer or Township Engineer in the administration of any land use ordinance with reference to sedimentation and erosion control and/or stormwater management for applications not involving a subdivision and/or land development, nor a planned residential development, respectively; and
[1]
Editor's Note: See 53 P.S. § 10916.2.
(6)
May be filed with the Township Zoning Hearing Board in writing by the landowner affected, any officer or agency of the Township of Rapho, or any person aggrieved. Requests for a variance under Article VIII of this chapter relating to variances in Zoning Hearing Board's functions (§ 350-805C) and for special exceptions in special exceptions in Zoning Hearing Board's functions (§ 350-805B) may be filed with the Township Zoning Hearing Board by any landowner or any tenant with the permission of such landowner. Any appeal/application shall state:
(a)
The name and address of the appellant and applicant.
(b)
The name and address of the landowner of the real estate to be affected.
(c)
A brief description and location of the real estate to be affected by such proposed change, together with a legibly drawn to scale plot/site plan of the lot on a minimum eight-and-one-half-inch-by-eleven-inch sheet size with sufficient clarity to show the nature and character of the request.
(d)
A statement of the present zoning classification of the real estate in question, the improvements thereon, and the present use thereof.
(e)
A statement of the section of this chapter under which the request may be allowed, and reasons why it should, or should not be granted.
B.
All appeals and any amendments thereto addressed to the Township Zoning Hearing Board shall be filed with the Township of Rapho on forms prescribed by the Township of Rapho and executed by the applicant(s).
C.
Every appeal form shall be completed in its entirety and shall include a reference to the specific section and, where applicable, the subsection at issue and a statement in numbered paragraphs setting forth the grounds for each form of relief sought together with each fact supporting the claim for relief.
D.
No appeal form or any amendment thereto shall be deemed filed unless and until the applicable fee is paid, the form is properly completed and all necessary signatures are applied. Any failure to comply with the requirements of this subsection may lead to the rejection of the appeal or amendment as determined by the Township Zoning Officer.
E.
By executing the appeal form and any amendment thereto, every applicant verifies that to the best of his or her knowledge, information and belief each fact alleged is true and correct, and that there exists a good faith basis for the requested relief.
§ 350-807 Time limitations.
A.
No person shall be allowed to file any proceeding with the Township Zoning Hearing Board later than 30 days after an application for development, preliminary or final, has been approved by the Township Zoning Officer or the agency responsible for granting such approval 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 or 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.
The failure of anyone other than the landowner to appeal from an adverse decision by the Township Zoning Officer on a challenge to the validity of this chapter or the Official Zoning Map pursuant to Section 916.2 of the MPC[1] shall preclude an appeal from a final approval, except in the case where the final submission substantially deviates from the approved tentative preliminary approval.
[1]
Editor's Note: See 53 P.S. § 10916.2.
§ 350-808 Stay of proceeding.
A.
Upon filing of any proceeding referred to in Article VIII of this chapter relating to parties appellant before the Zoning Hearing Board (§ 350-806) and during its pendency before the Township Zoning Hearing Board, all land development pursuant to any challenged ordinance, order or approval of the Township Zoning Officer or of any agency or body, and all official action thereunder, shall be stayed, unless the Township Zoning Officer or any other appropriate agency or body certifies to the Township 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 Township Zoning Hearing Board or by the court having jurisdiction of zoning appeals on petition after notice to the Township 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 Township Zoning Hearing 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 Township Zoning Hearing Board.
§ 350-809 Appeal.
Any person, taxpayer or the Township of Rapho aggrieved by any decision of the Township Zoning Hearing Board may within 30 days after such decision of the Township Zoning Hearing Board seek review by the Court of Common Pleas of such decision in the manner provided by the laws of the Commonwealth of Pennsylvania and Article X-A of the MPC.[1]
[1]
Editor's Note: See 53 P.S. § 11001-a et seq.
§ 350-810 Mediation option.
A.
Parties to proceedings before the Township Zoning Hearing Board may utilize mediation as an aid in completing such proceedings. In no case shall the Township Zoning Hearing Board, initiate, mediate or participate as a mediating party. Mediation shall supplement, not replace, those procedures in Article IX of this chapter once they have been formally initiated.
B.
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. The Township of Rapho shall assure that, in each case, the mediating parties, assisted by the mediator as appropriate, develop terms and conditions for:
(1)
Funding mediation.
(2)
Selecting a mediator who, at a minimum, shall have a working knowledge of municipal zoning and subdivision procedures and demonstrated skills in mediation.
(3)
Completing mediation, including time limits for such completion.
(4)
Suspending time limits otherwise authorized by the MPC, provided there is written consensus by the mediating parties, and by an applicant or municipal decision making body if either is not a party to the mediation.
(5)
Identifying all parties and affording them the opportunity to participate.
(6)
Subject to legal restraints, determining whether some or all of the mediation sessions shall be open or closed to the public.
(7)
Assuring that mediated solutions are in writing and signed by the parties, and become subject to review and approval by the appropriate decision making body pursuant to the authorized procedures set forth in the MPC.
C.
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.