The existing Township Zoning Hearing Board is hereby authorized and continued to carry out responsibilities provided in this Ordinance and in the State Municipalities Planning Code.

(Ord. passed 10-2-2007, § 1000)

   The Zoning Hearing Board shall consist of three members appointed by resolution by the Board of Supervisors for 3-years terms, which one term expiring each year. All terms shall begin on the 1st day of January. Members of the Board shall be residents of the Township and shall hold no other office in the Township. Any member of the Board may be removed for cause by the Board of Supervisors upon written notice and charges after a public hearing.

(Ord. passed 10-2-2007, § 1001)

   The Board of Supervisors may appoint by resolution at least one but no more than three residents of the Township to serve as alternate member of the Board. An alternate shall, when seated on the Board when a regular member is not able to service, participate in all proceedings and discussions 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 and this Ordinance. At any time, an alternate may participate in any proceeding or discussion of the Board but shall not be entitled to vote as a member of the Board nor be compensated unless seated as an alternate member. Alternates shall hold no other office in the Township. The term of office of an alternate member shall be 3 years.

(Ord. passed 10-2-2007, § 1002)

   1.   The Board shall elect a Chairperson from its membership annually. A quorum shall be necessary 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 Board, but the Board may appoint a hearing officer from its membership to conduct any hearing on its behalf, in accordance with the State Municipalities Planning Code, as amended.

   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 are available and as may be needed to result in a full Board. 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.

   3.   The Board may make, alter and rescind rules and forms for its procedure, consistent with ordinances of the Township and the State. Within the limits of funds provided by the Township Supervisors, the Board may employ or contract for secretaries, clerks, legal counsel, consultants, and other technical and clerical services. 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.

   4.   Members of the Board may receive compensation for the performance of their duties, as may be fixed by the Board of Supervisors, but in no case shall it exceed the rate of compensation authorized to be paid to the members of the Board of Supervisors. Alternate members of the board may receive compensation, as may be fixed by the Board of Supervisors, for the performance of their duties when designated as alternate members, but in no case shall such compensation exceed the rate of compensation authorized to be paid to members of the Board of Supervisors.

   5.   Meetings shall be open to the public and shall be at the call of the Chairperson and at other such times as the Board may specify in its rules of procedure.

(Ord. passed 10-2-2007, § 1003)

   Appeals under this Section shall be filed with the Township staff in writing by the landowner affected, any officer or agency of the Township, or any person aggrieved. Requests for a variance and for a special exception may be filed with the Board by any landowner or any tenant with the permission of such landowner. The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudication in the following matters:

      A.   Substantive challenges to the validity of any land use ordinance, except those brought before the Board of Supervisors pursuant to this Ordinance.

      B.   Challenges to the validity of a land use 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.

      C.   Appeals from the determination of the Zoning Officer, including, but not limited to, the granting or denial of any permit, or failure to act on the application thereof, the issuance of any enforcement order or the registration or refusal to register any nonconforming use, structure or lot.

      D.   Appeals from a determination by the Township Engineer or the Zoning Officer with reference to the administration of any floodplain ordinance or such provisions this Ordinance.

      E.   Applications for variances from the terms of this Ordinance.

      F.   Applications for special exceptions under this Ordinance.

      G.   Appeals from the determination of any officer or agency charged with the administration of any performance standard provisions of this Ordinance.

      H.   Appeals from the Zoning Officer’s determination under § 916.2 of the Pennsylvania Municipalities Planning Code, as amended.

      I.   Appeals from the determination of the Zoning Officer or Township Engineer in the administration of any land use ordinance or provision thereof with reference to sedimentation and erosion control and stormwater management that is not part of the Subdivision and Land Development Ordinance.

(Ord. passed 10-2-2007, § 1004)

   All action before the Board shall be initiated by a written application for hearing which shall be filed with the Zoning Officer. All applications shall be made on forms specified by the Board, and no applications shall be accepted unless the same shall be fully and legibly completed and unless all exhibits and supplemental material required by the application shall be attached.

(Ord. passed 10-2-2007, § 1005)

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

(Ord. passed 10-2-2007, § 1006)

   1.   Parties to proceedings authorized in the Article may utilize mediation as an aid in completing such proceedings. In proceedings before the Zoning Hearing Board, in no case shall the Zoning Hearing Board initiate mediation or participate as a mediating party. Mediation shall supplement, not replace, those procedures in this Article once they have been formally initiated. Nothing in this Section shall be interpreted as expanding or limiting Township police powers or as modifying any principles of substantive law. Applications for special exceptions and variances are not appropriate for the mediation option, and therefore, may not utilize this Section.

   2.   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 terms and conditions of mediation are hereby set forth as follows:

      A.   The cost of mediation shall be borne by the applicant.

      B.   The parties shall agree on a mediator who shall have a working knowledge of municipal zoning and subdivision procedures and demonstrated skills in mediation.

      C.   Parties to proceedings under this application may select the mediation option by sending written notice to the Zoning Hearing Board of their intention to do so. Mediation shall be completed within 90 days of the date of notification to the Board.

      D.   The written notice to the Zoning Hearing Board indicating the parties intent to mediate shall include a written consent signed by all parties agreeing to the suspension of time limits otherwise required by this Ordinance and the Municipalities Planning Code, and by an applicant or Township decisions-making body if either is not a party to the mediation.

      E.   All parties to the proceedings shall be identified in the notice to the Board and shall be served notice of the parties intent to mediate. All parties shall be afforded the opportunity to participate in any mediation proceeding.

      F.   Any mediation to which a Township entity is party shall be open to the public.

      G.   All mediated solutions must be 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 this Ordinance and the Municipalities Planning Code.

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

(Ord. passed 10-2-2007, § 1007)

   The Board shall meet to hear and consider such matters which shall properly come before it. All such meetings shall be open to the public.

      A.   Notice. Public notice in accordance with the requirements of the Pennsylvania Municipalities Planning Code shall be given and written notice shall be delivered, given or mailed to the applicant and the Zoning Officer, and should be given, delivered or mailed to the last known primary owner of record of property within 500 feet of any lot which is the subject of an application before the Board. Failure to provide notice to owners of other property shall not be a reason for an appeal of a Zoning Hearing Board decision or a delay of a hearing. In addition to the notice provided herein, notice of said hearing shall be conspicuously posted on the affected tract of land at least 1 week prior to the hearing.

      B.   Fees and Expenses. The Board of Supervisors shall prescribe reasonable fees with respect to hearings before the Zoning Hearing Board. Fees for said hearings may include compensation for the Secretary, legal counsel and members of the Zoning Hearing Board, notice and advertising costs and administrative overhead, and such other expenses as are authorized under State law. The costs to the applicant, however, shall not include expenses for expert witness costs engaged by the Township.

      C.   Time Limit. The hearing shall be held within 60 days after the date of the applicant’s submittal of a complete application to the Township, unless the applicant has agreed in writing to an extension of time, or unless a different time period is provided in State law.

      D.   The hearings shall be conducted by the Board or the Board may appoint any member as a hearing officer. The decision, or, where no decision is called for, the findings shall be made by the board, however, the appellant or the applicant, as the case may be, in addition to the municipality, may, prior to the decision of the hearing, waive decisions or findings by the Board and accept the decision or findings of the hearing officer as final. The Board or hearing officer shall render a written decision, or written findings where no decision is called for, on the application within the time limit established under State law.

      E.   The parties to the hearing shall be the Township, any person affected by the application who has made timely appearance of record before the Board, and any other person including civic or community organizations permitted to appear by the Board. The Zoning Hearing Board shall have the power to require that all persons who wish to be considered parties enter appearances in writing on forms provided by the Board for that purpose.

      F.   The chairperson or acting chairperson shall have the 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 parties.

      G.   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.

      H.   Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded by the Board.

      I.   The Board or the hearing officer shall not communicate, directly or indirectly, with any party or his/her representatives in connection with any issue currently before the Board 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 such material is part of the public file for the application and is available for review and contest by all parties, 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.

      J.   Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon together with the reasons therefore. Conclusions based specific provisions of this Ordinance shall reference at least one provision that is relied upon.

      K.   A copy of the final decisions, or where no decision is called for, the findings shall be delivered to the applicant personally or mailed to him/her within the time period established by State law.

      L.   Appeals to the Court. Any person aggrieved by any decisions of the Board may, within 30 days after such decisions of the Board, file an appeal to the Court of Common Pleas of Bucks County. Such appeals shall be made in accordance with the Pennsylvania Municipalities Planning Code, as amended.

(Ord. passed 10-2-2007, § 1008)

   1.   Variances. The Board shall hear requests for variances where it is alleged that the provisions of this Ordinance inflict unnecessary hardship on the applicant. An ability to increase a financial return or reduce a financial liability shall not be a reason for a variance. The Board may by rule prescribe the form of application and may 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:

      A.   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 Ordinance in the neighborhood or district in which the property is located.

      B.   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 Ordinance and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.

      C.   Such unnecessary hardship has not been created by the appellant.

      D.   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.

      E.   The variance if authorized will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.

      F.   In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purpose of this Ordinance. The Zoning Hearing Board shall also have the authority to establish conditions that are necessary to minimize disturbance of and to conserve steep slopes, mature woodland, wetlands, floodplains, springs, waterways and other important natural features.

      G.   A grant of a variance shall not be allowed simply for economic reasons if the applicant has not met the required standards for a variance that are provided in State law, which are restated in paragraphs .A through .E above. The reasons for granting a variance must be serious, substantial and compelling, unless the applicant is able to prove that a de minimis variance is being requested.

      H.   A use variance shall not be allowed unless the applicant proves that the property is virtually unusable under the currently allowed uses, unless the applicant proves that a particular use is not addressed anywhere in the Township or unless the applicant proves that the proposed use is closely similar to a use allowed in that district.

   2.   Special Exceptions. Where this Ordinance has provided for certain applications to be granted or denied by the Board as special exceptions, the Board shall hear and decide such requests. In granting a special exception, 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.

      A.   Persons with Disabilities. After the Zoning Officer receives a complete written application, the Zoning Hearing Board shall grant a special exception allowing modifications to specific requirements of this Ordinance that the applicant proves to the satisfaction of the Zoning Hearing Board are required under applicable Federal law to provide a “reasonable accommodation” to serve persons who the applicant proves have “disabilities” as defined in and protected by such laws.

         (1)   Such reasonable accommodations shall be requested in accordance with the U.S. Fair Housing Act Amendments and/or the Americans with Disabilities Act, as amended.

         (2)   If the applicant is requesting a reasonable accommodation under the United States Fair Housing Amendments Act of 1988, or the Americans with Disabilities Act, the applicant shall identify the disability which is protected by such statutes, the extent of the modification of the provisions of this Ordinance necessary for a reasonable accommodation, and the manner by which the reasonable accommodation requested may be removed when such person(s) with a protected disability no longer will be present on the property.

         (3)   Any modification approved under this Section may be limited to the time period during which the persons with disabilities occupy or utilize the premises.

   3.   Additional Factors to Be Considered in Requests for Special Exceptions and Variances. In passing upon applications for special exceptions and variances the Board shall consider all relevant factors and procedures specified in other sections of this Ordinance, including Article 4, “Use Regulations,” as well as the following:

      A.   Consider the suitability of the property for the use desired and the extent to which the new or expanded use is regulated by appropriate conditions and safeguards.

      B.   Consider whether the use would create a hazard to the public health or safety or unreasonable nuisances to neighboring residents.

      C.   Consider the adequacy of the proposed water supply and sanitation systems. If water supply and sanitary sewage matters will be addressed under another Township ordinance or a separate Township, county or State approval, the Board may require compliance with such ordinance or approval as a condition of the Board’s approval, without requiring that the details be provided before the Zoning Hearing Board.

      D.   Consider the effects of the proposed use with respect to the most appropriate use of land; safety from fire, panic and other dangers; adequacy of light and air; and whether undue burdens will be placed upon public and community services.

      E.   Consider the compatibility of the proposed use with existing development and development anticipated in the foreseeable future.

      F.   Give full consideration to the size, scope, intent, and character of the special exception or variance requested and assure the compatibility of the proposed use with the purposes of the comprehensive plan and with all applicable requirements of this Ordinance.

      G.   Consider the safety of access to the property for motor vehicles and emergency vehicles and the probable effects of proposed development on highway congestion and safety, and insure that adequate access arrangements are provided in order to protect roadways from undue congestion and hazard.

      H.   The applicant shall provide credible evidence that noise, fumes, vibration and excessive lighting will be properly controlled.

      I.   The Board may request that the Township engage the Township Engineer or another professional to provide technical assistance to the Board in regards to an application. This includes, but is not limited to, matters involving compliance with the floodplain regulations, nuisances or hazards.

      J.   Special exceptions and/or variances shall only be issued after the Board has determined that the granting of such will not result in additional threats to the public safety, extraordinary public expense, creation of unreasonable nuisances to neighbors, or conflict with local ordinances.

      K.   The Zoning Hearing Board or Zoning Officer shall have the authority to require an applicant to present additional information if necessary to determine compliance with this Ordinance.

      L.   The applicant shall provide evidence that the proposed use will be suitable for the site, considering the disturbance of steep slopes, mature woodland, wetlands, floodplains, springs and other important natural features, and considering measures that the applicant proposes to conserve such features as a condition of approval.

(Ord. passed 10-2-2007, § 1009)

   1.   A landowner who, on substantive grounds, desires to challenge the validity of an ordinance or map or any provisions thereof which prohibits or restricts the use or development of land in which he has an interest shall submit the challenge either to the zoning hearing board in accordance with this Article or to the Board of Supervisors together with a request for a curative amendment in accordance with the provisions of this Ordinance.

   2.   Persons aggrieved by a use or development permitted on the land of another by an ordinance or map, or any provisions thereof, who desire to challenge the validity on substantive grounds shall first submit their challenge to the Zoning Hearing Board for a decision thereon.

   3.   The submissions referred to in subsections .1 and .2 above shall be governed by the criteria set forth in appropriate sections of the Pennsylvania Municipalities Planning Code, as amended.

   4.   The initial hearing shall be commenced within the time limits of State law, unless the applicant requests or consents to an extension of time.

   5.   Public notice of the hearing shall include notice that the validity of the ordinance or map is in question and shall give the place where and the times when a copy of the request, including any plans, explanatory material or proposed amendments may be examined by the public.

   6.   Stay of Proceedings. Upon filing of any proceeding and during its pendency before the Board, all land development pursuant to any challenged ordinance, order or approval of the Zoning Officer or any agency or body, and all official action there under, shall be stayed in accordance with appropriate sections of the Pennsylvania Municipalities Planning Code, as amended.

(Ord. passed 10-2-2007, § 1010)

   Unless otherwise specified by the Zoning Hearing Board, a special exception or variance shall expire if the applicant fails to obtain any and all permits within 2 years of the date of authorization. See also the provisions for time limits on permits.

(Ord. passed 10-2-2007, § 1011)