Springfield Township
City Zoning Code
City Zoning Code
ARTICLE XX
Zoning Hearing Board
§ 143-138 Establishment, membership.
A.
There shall be a Zoning Hearing Board consisting of five residents of the Township, who shall be appointed by resolution by the Board of Commissioners. The existing Zoning Hearing Board, as of this date (June 13, 1989), shall be continued, and its membership is hereby ratified. The members of the existing Board shall continue in office until their terms of office would expire under prior law. The members whose terms expire may be reappointed or their successors appointed to a term of office of five years and shall be so fixed that the term of office of one member shall expire each year. The Board of Commissioners shall appoint members to the Zoning Hearing Board with terms scheduled to expire in accordance with the provisions of the current law. The Board of Commissioners shall, by resolution, appoint successors and shall fill any vacancy for the unexpired portion of such vacant term. The Board may reappoint members at the expiration of their term. Members of the Board shall hold no other office in the Township.
B.
The Board of Commissioners may appoint by resolution at least one but no more than three residents of the Township to serve as alternate members of the Board. The term of office of an alternate member shall be three years. When seated pursuant to the provisions of this section, an alternate 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 act and as otherwise provided by law. Alternates shall hold no other office in the Township, including membership on the Planning Commission and Code Enforcement Office. Any alternate may participate in any proceedings or discussion of the Board but shall not be entitled to vote as a member of the Board nor be compensated pursuant to the Municipalities Planning Code unless designated as a voting alternate member pursuant to this section.
C.
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 Commissioners, 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 so request in writing.
§ 143-138.1 Alternate members.
The Board of Commissioners may appoint by resolution at least one but not more than three residents of the Township to serve as alternative members of the Zoning Hearing Board, who shall be governed as provided in § 143-139, entitled "Organization and procedures."
§ 143-139 Organization and procedures.
A.
The Board shall elect from its own membership 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 required consisting of not less than a majority of all the members of the Board.
B.
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 according to declining seniority among all alternates.
C.
The Board may make, alter and rescind rules and forms for its procedures consistent with this ordinance 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 Commissioners.
D.
Within the limits of funds appropriated by the Board of Commissioners, the Board may employ or contract for secretaries, clerks, attorneys, consultants and other technical and clerical services. However, the Solicitor for the Zoning Hearing Board shall be a different individual and from a different firm than the Solicitor for the Board of Commissioners.
§ 143-140 Functions.
The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudications in the following matters:
A.
Challenge to the validity of the Zoning Ordinance or Zoning Map.[1] The Zoning Hearing Board shall hear challenges to the validity of a Zoning Ordinance Map as follows:
(1)
A landowner who, on substantive grounds, desires to challenge the validity of an ordinance or map or any provision thereof which prohibits or restricts the use of development of land in which he has an interest shall submit the challenge to either the Zoning Hearing Board or the Board of Commissioners.
(2)
Persons aggrieved by a use or development permitted on the land of another by an ordinance or map or any provision thereof, who desire to challenge its validity shall submit their challenge pursuant to Sections 909.1 and 609.1 of Act 247, as amended by Act 170.[2]
[2]
Editor's Note: See 53 P.S. §§ 10909.1 and 10609.1, respectively.
(3)
In addition to the procedures set forth in Section 916.1 of the Municipalities Planning Code,[3] in all such challenges, the Zoning Hearing Board shall decide all contested questions and shall make findings on all relevant issues of fact and of interpretation and submit such findings as part of the record on appeal to the court.
[3]
Editor's Note: See 53 P.S. § 10916.1.
[1]
Editor's Note: The Zoning Map is included at the end of this chapter.
B.
Variances. The Board shall hear requests for variances where it is alleged that the provisions of the Zoning Ordinance inflict unnecessary hardship upon the applicant. The Board may grant a variance, provided that 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 or 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 the Zoning Ordinance 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 the Zoning Ordinance and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.
(3)
That such unnecessary hardship has not been created by the applicant.
(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 nor 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 regulation or ordinance in issue, and, in granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of the Zoning Ordinance.
C.
Special exceptions.
(1)
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 ordinance, as it may deem necessary to implement the purposes of this ordinance.
(2)
Whenever the Board hears a special exception for uses specified in this ordinance, the following general standards shall be considered, in addition to those set forth in Article XIX, § 143-137.
(a)
If the use(s) is in accordance with the Township Comprehensive Plan and consistent with the spirit, purposes and intent of this ordinance.
(b)
If the use(s) is in the best interest of the Township, the convenience of the community, the public welfare and is an improvement to property in the immediate vicinity.
(c)
If the use(s) is suitable for the property in question and designed, constructed, operated and maintained so as to be in harmony with and appropriate in appearance with the existing or intended character of the general vicinity.
(d)
If the use(s) is sufficiently screened or buffered from adjoining use in terms of trees, shrubs and other suitable plantings.
(e)
If the use(s) is suitable in terms of the logical, efficient and economical extension of public services and facilities, such as public water, public sewer, police and fire protection, public schools and the like.
(f)
If the use is suitable in terms of effects on street traffic and safety with adequate pedestrian and vehicular access arrangements to protect streets from undue congestion and hazard. The Zoning Hearing Board may impose whatever conditions regarding layout, circulation and performance it deems necessary to ensure that any proposed development will substantially secure the objectives of this ordinance.
(3)
Standards for communications towers as special exceptions.
(a)
The applicant shall demonstrate that it is licensed by the Federal Communications Commission to operate a communications tower, if applicable, and communications antennas.
(b)
The applicant shall demonstrate that the proposed communications tower and communications antennas proposed to be mounted thereon comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
(c)
Communications towers shall comply with all applicable Federal Aviation Administration, Commonwealth Bureau of Aviation and applicable airport zoning regulations,
(d)
Any applicant proposing construction of a new communications tower shall demonstrate that a good faith effort has been made to obtain permission to mount the communications antennas on an existing building, structure or communications tower. A good faith effort shall require that all owners of potentially suitable structures within a one-quarter-mile radius of the proposed communications tower site be contacted and that one or more of the following reasons for not selecting such structure apply:
[1]
The proposed antennas and related equipment would exceed the structural capacity of the existing structure, and its reinforcement cannot be accomplished at a reasonable cost.
[2]
The proposed antennas and related equipment would cause radio frequency interference with other existing equipment for that existing structure, and the interference cannot be prevented at a reasonable cost.
[3]
Such existing structures do not have adequate location, space, access or height to accommodate the proposed equipment or to allow it to perform its intended function.
[4]
Addition of the proposed antennas and related equipment would result in electromagnetic radiation from such structure exceeding applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
[5]
A commercially reasonable agreement could not be reached with the owners of such structures.
(e)
Access shall be provided to the communications tower and communications equipment building by means of a public street or easement to a public street. The easement shall be a minimum of 20 feet in width and shall be improved to a width of at least 10 feet with a dust-free, all-weather surface for its entire length.
(f)
A communications tower may be located on a lot occupied by other principal structures and may occupy a leased parcel within a lot meeting the minimum lot size requirements for the zoning district.
(g)
Recording of a plat of subdivision or land development shall not be required for a lease parcel on which a communications tower is proposed to be constructed, provided that the communications equipment building is unmanned.
(h)
The applicant shall demonstrate that the proposed height of the communications tower is the minimum height necessary to perform its function.
(i)
In all zoning districts, the maximum height of any communications tower shall be 150 feet; provided, however, that such height may be increased to no more than 200 feet, provided that the required setbacks from adjoining property lines (not lease lines) are increased by one foot for each one foot of height in excess of 150 feet.
(j)
The foundation and base of any communications tower shall be set back from a property line (not lease line) located in any residential district at least 100 feet and shall be set back from any other property line (not lease line) at least 50 feet.
(k)
The base of a communications tower shall be landscaped so as to screen the foundation and base and communications equipment building from abutting properties.
(l)
The communications equipment building shall comply with the required yards and height requirements of the applicable zoning district for an accessory structure.
(m)
The applicant shall submit certification from a Pennsylvania-registered professional engineer that a proposed communications tower will be designed and constructed in accordance with the current Structural Standards for Steel Antenna Towers and Antenna Supporting Structures, published by the Electrical Industrial Association/Telecommunications Industry Association and applicable requirements of Springfield Township's Building Code.[4]
(n)
The applicant shall submit a copy of its current Federal Communications Commission license; the name, address and emergency telephone number for the operator of the communications tower; and a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the communications tower and communications antennas.
(o)
All guy wires associated with guyed communications towers shall be clearly marked so as to be visible at all times and shall be located within a fenced enclosure.
(p)
The site of a communications tower shall be secured by a fence with a maximum height of eight feet to limit accessibility by the general public.
(q)
No signs or lights shall be mounted on a communications tower, except as may be required by the Federal Communications Commission, Federal Aviation Administration or other governmental agency which has jurisdiction.
(s)
If a communications tower remains unused for a period of 12 consecutive months, the owner or operator shall dismantle and remove the communications tower within six months of the expiration of such twelve-month period.
(t)
One off-street parking space shall be provided within the fenced area.
E.
Challenges to the validity of this ordinance raising procedural questions or alleged defects in the process of enactment or adoption, which challenges shall be raised by an appeal taken within 30 days after the effective date of said ordinance.
F.
Appeals from the determination of the Code Enforcement 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.
G.
Appeals from a determination by the Township Engineer or the Code Enforcement Officer with reference to the administration of the Flood Hazard District provisions of this ordinance.
I.
Appeals from the determination of the Code Enforcement Officer or Township Engineer in the administration of this ordinance or provisions thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relate to development.
J.
Applications for variance from the terms of the Flood Hazard District of this ordinance.
K.
Applications for special exceptions under the Flood Hazard District of this ordinance.
L.
All requests for reasonable accommodation for handicapped persons under the Fair Housing Amendment Act of 1988,[8] the Americans with Disabilities Act[9] or any other statutes shall be reviewed by the Township Planning Commission, with a recommendation made to the Township Zoning Hearing Board, who at a public meeting will determine the appropriateness of the requested accommodation. After review of the evidence presented at the public hearing, the Zoning Hearing Board shall render a decision on the aforesaid request. Each request shall be reviewed on its own merits in accordance with the appropriate federal statutes and the case law interpreting those statutes.
§ 143-141 Time limit of variance or special exception.
Any variance or special exception granted in accordance with this ordinance is 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.
§ 143-142 Hearings and decisions.
The Board shall conduct hearings and make decisions in the following manner:
A.
All hearings shall be public.
B.
Notice of hearings shall be given to the public and to the persons hereinafter designated in the following manner:
(1)
To the public, pursuant to public notice as defined by this ordinance.
(2)
To the applicant, the Code Enforcement Officer, the Township Manager, each member of the Planning Commission, each member of the Board of Commissioners, to abutting owners and owners of properties within 250 feet of the affected tract of land and to all parties in interest or their counsel, if such counsel shall have filed appearance with the Board, by mailing notice of the time, place and purpose of the hearing at least 10 days in advance of the date fixed for hearing.
(3)
Notice of hearings, both published and written, shall state, in addition to the time, place and purpose of the hearing, the location of the lot, tract or structure involved and the nature and extent of the relief sought and the general nature of the question involved. Notice of said hearing shall be conspicuously posted on the affected tract of land. The 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.
(4)
In the event that more than one hearing is required to consider any application or a hearing is continued while in progress to another date, announcement at the hearing to be continued shall be deemed adequate notice of said continued or subsequent hearing. In the event the date or time of the hearing is changed, then public notice must again be provided as set forth in Subsection B(1) and (2) above. If for any reason the continued hearing is not held within 45 days of the first hearing, then notice must be provided in accordance with Subsection B(1) and (2) above.
C.
Hearings shall be conducted by the Board and the Chairman or, in his absence, the acting Chairman, who 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 counsel and shall be afforded the opportunity to respond and present evidence and cross-examine adverse witnesses and the Board 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.
F.
The Board 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.
G.
The Board 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 Board 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. Conclusions based on any Township ordinance, 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. Where the Board fails to render a decision within the period required, the decision shall be deemed to have been rendered in favor of the applicant, unless the applicant has agreed in writing to an extension of time.
H.
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.
§ 143-143 Appeals and applications to Board.
A.
All appeals and applications made to the Board shall be in writing on forms prescribed by the Board.
B.
Every appeal or application shall refer to the specific provision of this ordinance involved and shall exactly set forth the interpretation that is claimed, the grounds for any challenges to the validity of this ordinance, 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.
C.
Applications and appeals, together with the required filing fee, as established by resolution of the Board of Commissioners, shall be submitted to the Code Enforcement Officer for referral to the Zoning Hearing Board.