Springfield Township York County
City Zoning Code
City Zoning Code
ARTICLE XI
Zoning Hearing Board
§ 500-115 General provisions.
A.
Establishment of Board. A Zoning Hearing Board is established in order that the objectives of this chapter may be fully and equitably achieved and that a means for competent interpretation of this chapter may be provided.
B.
Membership of Board. The Zoning Hearing Board shall consist of three residents of the Township appointed by the Board of Supervisors. The terms of office of each member shall be three years, so fixed that the term of office of one member shall expire each year. Members of the Board shall hold no other office in the Township. The Board shall promptly notify the Board of Supervisors of any vacancies which occur. Appointments to fill vacancies shall be only for the unexpired portion of the term.
C.
Organization of Board. The Board shall elect a Chairman, Vice Chairman, and Secretary from its membership, who shall serve annual terms and may succeed themselves.
D.
Alternate member. The Board of Supervisors 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. The Chairman of the Board shall designate the alternate member of the Board to sit on the Board as may be needed to provide a quorum. The alternate member shall continue to serve on the Board in all proceedings involving the matter or case for which the alternate member was initially appointed until the Board has made a final determination of the matter or case. When seated, the alternate member shall be entitled to participate in all proceedings and discussions of the Board, 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. The alternate member shall hold no other office in the Township.
E.
Solicitor. The Board may contract for and fix the compensation of legal counsel as the need arises; such compensation not to exceed the amount appropriated by the Board of Supervisors. Such legal counsel shall be an attorney other than the Township Solicitor.
F.
Removal of members. Any Board member 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 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.
§ 500-116 Powers and duties.
The powers and duties of the Zoning Hearing Board are governed by Article IX of the Pennsylvania Municipalities Planning Code.[1] The provisions of Subsections A through E of this section shall serve as a supplement thereto. In cases of any conflict, the provisions of the Pennsylvania Municipalities Planning Code shall prevail.
A.
Appeals from the determination of the Zoning Officer. Any person aggrieved by a determination of the Zoning Officer shall have the right to appeal to the Zoning Hearing Board within 30 days of such decision by filing with the Zoning Officer. Such appeals may include, but not be 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. The appeal shall minimally include the following information:
(1)
The name and address of the applicant or appellant;
(2)
The name and address of the owner of the lot to be affected by such proposed change or appeal;
(3)
A brief description and location of the lot to be affected by such proposed change or appeal;
(4)
A statement of the present zoning classification of the lot in question, the improvements thereon, and the present use thereof;
(5)
A statement of the grounds for the appeal including the section of this chapter under which the appeal is being made and reasons why the appeal should be granted, or a statement of the section of this chapter governing the situation in which the alleged erroneous ruling is being appealed and the reasons for this appeal; and
(6)
A reasonably accurate description of the present improvements and the additions or changes intended to be made under this application, indicating the size, material, and general construction thereof. In addition, there shall be attached a plot plan of the real property to be affected, indicating the location and size of the lot and size of improvements existing thereon and proposed to be erected thereon.
B.
Variance appeals. Where unnecessary hardship exists resulting from the strict interpretation of this chapter, any landowner or authorized agent may appeal to the Board for a variance from such an interpretation. In considering any appeal for a variance, the Board shall pursue the following procedures. These same procedures shall apply to any application for a variance from any provision of Chapter 225, Floodplain Management, of the Code of Springfield Township.
(1)
The Board shall hear requests for variances where it is alleged that the provisions of this chapter or Chapter 225, Floodplain Management, inflict unnecessary hardship on the applicant. The Board shall prescribe the form of application and require preliminary application to the Zoning Officer.
(2)
The Board's decision to grant a permit for a variance shall be made only after public notice and hearing. Such permit shall apply specifically to the appeal and plans submitted and presented at said public hearing. Any subsequent amendments or additions shall be subject to additional review and public hearing by the Zoning Hearing Board.
(3)
The Board may thereafter grant a variance authorizing the Zoning Officer to issue a zoning permit, provided all of the following findings are made in a given case:
(a)
That there are unique physical circumstances or conditions, including irregularity, narrowness or shallowness, 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.
(b)
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 the authorization of a variance is therefore necessary to enable the reasonable use of the property.
(c)
That such unnecessary hardship has not been created by the appellant.
(d)
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.
(e)
That the variance, if authorized, will represent the minimum variance which will afford relief and the least modification possible of the regulation at issue and will not permit the establishment of a principal or accessory use not otherwise permitted by this chapter.
(4)
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.
C.
Special exception applications. Under circumstances expressly stated in this chapter, any landowner or his authorized agent may apply to the Board for a special exception. Consideration for approval of any special exception by the Board shall be pursuant to express standards and criteria contained in Article IV and the general provisions contained in Subsection C(3) of this section. The Board shall pursue the following procedures:
(1)
The Board's decision to grant a permit for special exception use shall be made only after public notice and hearing. Such permit shall apply specifically to the application and plans submitted and presented at said public hearing. Any subsequent amendments or additions shall be subject to review and public hearing by the Zoning Hearing Board as a special exception use.
(2)
No application for a permit shall be granted by the Zoning Hearing Board for any special exception use until said Board has first received and considered an advisory report thereon from the Township Planning Commission with respect to the location of such use in relation to the Township's Comprehensive Plan and, where appropriate, with reference to the adequacy of the site area and arrangement of buildings, driveways, access drives, parking areas, off-street loading spaces, and other pertinent features of the site plan. The Planning Commission shall have 30 days from the date of its receipt of the application within which to file its report thereon. In the event that the Planning Commission shall fail to file its report within such 30 days, such application shall be deemed to have been approved by the Planning Commission. The Planning Commission may have representation at the public hearing held by the Zoning Hearing Board on such application. After receipt of the report, the Zoning Hearing Board shall hear the application in the same manner and under the same procedure as it is empowered by law and this chapter.
(3)
The Zoning Hearing Board may thereafter authorize the Zoning Officer to issue a zoning permit if, in its judgment, the use meets all specific standards and criteria contained in this chapter and the following general provisions:
(a)
Purpose. The intended purpose of the proposed use must be consistent with the development objectives established in the Township Comprehensive Plan Update.
(b)
Compatibility. The proposed use shall be in the best interest of properties in the general area as well as the community at large. The proposed use will be reviewed as to its relationship to and effect on surrounding land uses and existing environmental conditions regarding the pollution of air, land, and water; noise; potential of hazards and congestion; illumination and glare; restrictions to natural light; and circulation of air.
(c)
Suitability. The proposed use shall be suitable for the property in question and shall be designed, constructed, operated, and maintained suitably for the anticipated activity and population served, numbers of participating population, frequency of use, adequacy of space, and traffic generation.
(d)
Serviceability. Assurance shall be made as to the adequacy and availability of utility services and facilities such as sanitary and storm sewers, water, trash and garbage collection and disposal, and the ability of the Township to supply such services.
(e)
Accessibility. The proposed use shall provide adequate ingress and egress, interior circulation of both pedestrians and vehicles, off-street parking, and accessibility to the existing or proposed Township street system.
(4)
In granting a special exception, the Zoning Hearing Board may attach whatever reasonable conditions and safeguards, in addition to those expressed in this chapter, it deems necessary to ensure that any proposed development will secure substantially the purposes of this chapter.
D.
Challenge to validity of land use ordinances. Except for appeals for a curative amendment to this chapter as provided in § 500-120D of this chapter, any aggrieved person may challenge, before the Board, the validity of any Township ordinance regulating land use; including, but not limited to, this chapter, Chapter 425, Subdivision and Land Development, and Chapter 225, Floodplain Management. Such challenges may raise either substantive and/or procedural questions. In all such challenges, the Board shall take evidence and make a record thereon as provided in § 500-117 of this chapter. 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 appeals to court.
E.
Appeals from stormwater management regulations. Any landowner or any aggrieved person may appeal a determination of the Township Engineer or the Zoning Officer with reference to the administration of Chapter 375, Stormwater Management, or such provisions within any land use ordinance. Similarly, any landowner or any other person may appeal 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, except such provisions as may appear in Chapter 425, Subdivision and Land Development, and which must be appealed to the Board of Supervisors. Such appeals shall be made in accordance with procedures provided in Chapter 425, Subdivision and Land Development, and Article X-A of the Pennsylvania Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 11001-A et seq.
F.
Any application for a special exception and/or variance, zoning ordinance interpretation or an appeal from a decision of the Zoning Officer shall be filed for purposes of timeliness only upon delivery of a completed form, as approved by the Board of Supervisors, to the Township Administrative Building; and the payment of the appropriate filing fee as set by the Board of Supervisors by resolution from time to time.
[1]
Editor's Note: See 53 P.S. § 10901 et seq.
§ 500-117 Rules and procedures.
A.
Parties appellant before board. Appeals from a decision of the Zoning Officer and proceedings to challenge the validity of this chapter may be filed with the Board, in writing, by any landowner, by any officer or agency of the Township, or by any person aggrieved. Requests for variances or special exceptions, however, are limited to landowners or their authorized agent.
B.
Hearings required and notice of hearings:
(1)
The Board shall conduct hearings on any interpretation, variance, special exception, challenge, or other matter requiring the Board's decision or other official action. Upon the filing with the Zoning Hearing Board of an appeal or application, the Board shall fix a reasonable time and place for a public hearing thereon and give notice as follows:
(a)
Publish public notice. (See the definition of "public notice" set forth in § 500-7 of this chapter.)
(b)
Post, in a conspicuous place on the property involved, a notice of pending action; such posting is to take place at least seven days prior to the public hearing.
(c)
Give written notice to parties of interest who shall include the applicant, those persons whose properties adjoin or are directly across public streets from the property in question, and to any person who has made a timely request for same.
(2)
Under no circumstances shall the hearing be held later than 60 days from the date of the applicant's request, unless the applicant has agreed, in writing, to an extension of time.
C.
Conduct of meetings.
(1)
The Board shall prescribe rules for the conduct of its meetings, such rules to be in conformance with the Pennsylvania Municipalities Planning Code[1] and this chapter. Meetings shall be held at the call of the Chairman and at such other times as the Board may specify in its rules of procedure. Meetings shall be open to the public, and a quorum of two members shall be required for the Board to take action. Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(2)
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, except advice from their solicitor, unless the parties 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.
D.
Records and decisions.
(1)
The Board shall keep a stenographic record of the proceedings. A transcript of the proceedings shall be prepared only upon request. The cost of preparing the original transcript shall be paid by the individual or party so requesting and the cost of additional copies shall be paid by persons so requesting.
(2)
The Board shall keep full public records of its business and shall submit a report of its activities to the Board of Supervisors once a year.
(3)
The Board shall render a written decision or, when no decision is called for, make written findings on the application within 45 days following the last hearing before the Board. 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 Pennsylvania Municipalities Planning Code or of any 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 facts found.
(4)
Where the Board fails to render the decision within the period required by Subsection D(3) of this section, or fails to hold the required hearing within 60 days from the date of the applicant's request for a hearing, the decision shall be deemed to have been rendered in favor of the applicant, unless the applicant has agreed, in writing or on the record, to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the Board to meet or render a decision as hereinabove provided, the 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 Subsection B of this section. If the Board shall fail to provide such notice, the applicant may do so. Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.
(5)
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 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 at which the full decision or findings may be examined.
(6)
Unless otherwise specified by the Board, a special exception or variance shall expire if the applicant fails to obtain a building permit within one year from the date of authorization thereof. In the event a special exception or variance is granted where there will be no need for new construction, the applicant for the special exception or the variance shall within one year commence the use of the property in accordance with the terms and conditions of the grant of the special exception and/or variance. Failure to do so will result in revocation of the special exception and/or variance.
E.
Appeal to court. Any person aggrieved by any decision of the Zoning Hearing Board may, within 30 days after such decision of the Board, appeal to the Court of Common Pleas of York County, Pennsylvania, by petition duly verified, setting forth that such decision is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law and specify the grounds on which he relies. Such appeals shall be made in accordance with Article X-A of the Pennsylvania Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 11001-A et seq.
§ 500-118 Fees.
At the time of making an appeal or application to the Zoning Hearing Board for any cause, each appellant or applicant shall submit a fee in an amount as then currently established by resolution of the Board of Supervisors. The fee is established to reimburse the Township for costs incurred by the Township in connection with the subject appellant's or applicant's hearing before the Board. Such costs may include a shared appearance fee for a stenographer, compensation for members of the Zoning Hearing Board, notice and advertising costs, and necessary administrative overhead connected with the hearing. The costs, however, may not include legal expenses of the Zoning Hearing Board, expenses for engineering, architectural, or other technical consultants or expert witnesses. Upon completion of the hearing, the appellant or applicant shall be billed for expenses in excess of the deposit, if any. No zoning permit shall be granted until such expenses are reimbursed to the Township in full. In the case of an appeal to the Board involving a determination of the Zoning Officer under § 500-116A of this chapter, should the appellant be successful in his appeal, the entire sum of the fee shall be returned.