Solebury Township City Zoning Code
PART 30
ZONING HEARING BOARD
§ 27-3001 Administration.
[Ord. 94, 6/8/1988, § 2200]
A Zoning Hearing Board shall be appointed by the Board of Supervisors in the manner prescribed in the Municipalities Planning Code, 53 P.S. § 10101 et seq., as amended, and as provided below.
§ 27-3002 Establishment and Membership.
[Ord. 94, 6/8/1988, § 2201; as amended by Ord. 113, 1/16/1990, § 93; and by Ord. 153, 5/3/1994, § 1]
1.
There shall be a Zoning Hearing Board consisting of five residents of the Township who shall be appointed by the Board of Supervisors. The term of office shall be five years and shall be so fixed so that the term of office of one member shall expire each year. The Board of Supervisors may reappoint members at the expiration of their term. The Board shall promptly notify the Board of Supervisors of any vacancies which occur. Appointment to fill vacancies shall be only for the unexpired portion of the term. Members of the Board shall hold no other office in the Township.
2.
The Board of Supervisors may appoint by resolution at least one but not more than three residents of the Township to serve as alternate members of the Board. The terms of office of an alternate member shall be three years. An alternate, when seated pursuant to § 27-3003, shall be entitled to participate in all proceedings and discussion of the 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 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 Board but shall not be entitled to vote as a member of the Board unless designated as a voting alternate member pursuant to § 27-3003 of this chapter.
3.
Any member of the Board may be removed for malfeasance, misfeasance or nonfeasance in office, or for other just cause, by a majority vote of the Board of Supervisors, taken after the Board member has received 15 days advance written notice of the intent to take such a vote, and a hearing shall be held in connection with such vote if the member shall request in writing.
§ 27-3003 Organization and Procedure.
[Ord. 94, 6/8/1988, § 2202; as amended by Ord. 113, 1/16/1990, § 94]
1.
The Board shall elect from its own members, its officers, who shall serve annual terms 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 the members of the Board, but the 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 Board as provided by § 27-3004 of this chapter.
2.
If, by reason of absence or disqualification of a member, a quorum is not reached, the Chairman of the Board shall designate as many alternate members of the Board to sit on the Board as may be needed to provide a quorum. Any alternate member of the 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 section shall be made on a case-by-case basis in rotation to declining seniority among all alternates.
3.
The Board may make, alter and rescind rules and forms for its procedure, consistent with this chapter, and the laws of the Commonwealth of Pennsylvania. The 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 of Supervisors.
§ 27-3004 Hearings and Decisions.
[Ord. 94, 6/8/1988, § 2203; as amended by Ord. 113, 1/16/1990, § 95; and by Ord. 153, 5/3/1994, § 1]
1.
The Board shall conduct hearings and make decisions in the following manner:
A.
All hearings shall be public. The Board shall hold a hearing within 60 days of the filing of the application, unless the applicant agrees in writing to an extension.
C.
Hearings shall be conducted by the Board (or Hearing Officer) and the Chairperson, or in his absence, the acting Chairperson, shall administer oaths, and may issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by the parties.
D.
The parties to the hearing shall be the Township, any person affected by the application who has made a timely appearance of record before the Board, and any other person, including civic or community organizations, permitted to appear by the Board. All persons who wish to be considered parties must enter appearances in writing.
E.
The parties shall have the right to be represented by legal counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses.
F.
The Board (or Hearing Officer) shall keep a stenographic record of the proceedings, and a transcript of the proceedings and copy of graphic or written material received in evidence shall be made available to any party at cost.
G.
The Board (or 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 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 respective counsel unless all parties are given an opportunity to be present.
H.
The Board (or Hearing Officer) shall render a written decision, or when no decision is called for, make written findings on the application within the time limit established by the Municipalities Planning Code, 53 P.S. § 10101 et seq., unless waived by the applicant according to law. Each decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons therefor.
I.
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 in accordance with the law; and, to all other persons who have filed their names and addresses 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 where the full decisions or findings may be examined.
§ 27-3005 Functions of Board.
[Ord. 94, 6/8/1988, § 2204; as amended by Ord. 153, 5/3/1994, § 1]
1.
The Board shall have and perform the following functions:
A.
Appeals from the Zoning Officer. The Board shall hear and decide appeals where it is alleged by the applicant that the Zoning Officer has failed to follow prescribed procedures or has misinterpreted or misapplied any provision of any ordinance or map, or any rule or regulation governing the action of the Zoning Officer.
B.
Variances. The Board shall hear requests for variances where it is alleged that the provisions of this chapter inflict unnecessary hardship upon the applicant. The Board may grant a variance provided the following findings are made where relevant in a given case:
(1)
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)
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 the reasonable use of the property.
(3)
Such unnecessary hardship has not been created by the applicant.
(4)
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, nor be detrimental to the public welfare.
(5)
The variance, if authorized, will represent the minimum variance that will afford relief, and will represent the least modification possible of the regulation or ordinance in issue.
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 and the Municipalities Planning Code, 53 P.S. § 10101 et seq.
C.
Special Exceptions. The Board shall hear and decide special exceptions in accordance with the standards set forth below; and, in granting special exceptions, the 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.
D.
Challenge to the Validity of Any Ordinance or Map. The Board shall hear challenges to the validity of this chapter or map, except those related to questions of an alleged defect in the process of enactment or adoption or those related to a request for a curative amendment. In those challenges which apply herein, the Board shall take evidence and make a record thereon, as provided in § 27-3004. At the conclusion of the hearing, the Board shall decide all contested questions and make findings on all relevant issues of fact which shall become part of the record on appeal to the Court.
E.
Unified Appeals. The Board shall also hear all appeals which an applicant may elect to bring before it with respect to any Township ordinance or requirement pertaining to the same development plan or development. In any such case, the Board shall have no power to pass upon the non-zoning issues, but shall take evidence and make a record thereon as provided in § 27-3004. At the conclusion of the hearing, the Board shall make findings on all relevant issues of fact which shall become part of the record on appeal to the Court.
§ 27-3006 Time Limit After Granting a Variance or Special Exception.
[Ord. 94, 6/8/1988, § 2205]
Any variance or special exception granted in accordance with this chapter shall be void if: the applicant fails to obtain the necessary Township approvals and permits within 12 months from the date of the grant of a variance or special exception; or, having obtained the necessary approvals or permits, fails to commence work thereunder within six additional months.
§ 27-3007 Rules and Procedures for Application to the Zoning Hearing Board.
[Ord. 94, 6/8/1988, § 2206]
1.
All appeals and applications made to the Board shall be in writing, on forms prescribed by the Board and approved by the Board of Supervisors.
2.
Every appeal or application shall refer to the specific provision of this chapter involved and shall exactly set forth the interpretation that is claimed, the grounds for any challenges to the validity of this chapter, the use for which a special exception is sought, or the details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted, as the case may be.
3.
Applications, together with the required filing fee as established by resolution of the Board of Supervisors, shall be submitted to the Zoning Officer. (The fees to accompany an application, and the form of application, both prescribed by resolution, are appended to this chapter.)
4.
No application to the Zoning Hearing Board will be accepted until a complete application form is filed, including all required plans and studies, together with the required fee.