Upper Moreland Township
City Zoning Code

The Board of Commissioners shall appoint by resolution five residents of the Township, none of whom shall hold any other office in the Township, to serve as the Zoning Hearing Board of the Township, each member serving a term of not more than five years in length, with the terms staggered so that the term of office of one member shall expire each year. A member of the Zoning Hearing Board may be reappointed to successive terms.

The Board of Commissioners may appoint by resolution at least one but no more than three residents of the Township, none of whom shall hold any other office in 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 § 350-208 hereof, an alternate shall be entitled to 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 chapter and as otherwise provided by law. In addition, 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 nor be compensated unless designated as a voting alternate member pursuant to § 350-208 hereof.

To hear and decide appeals where it is alleged that the Zoning Officer of the Township has misinterpreted or misapplied any provisions of this chapter or has failed to follow prescribed procedures.

To hear and decide appeals as to the validity of this chapter and the map, except as provided in Section 1003 and Subsection (1)(b) of Section 1004 of the Municipalities Planning Code.[1]

To authorize, upon appeal in specific cases, a variance from the term of this chapter, as provided under Section 912 of the Municipalities Planning Code.

To interpret the meaning of any restrictions, conditions or provisions imposed when granting an exception or variance to this chapter.

An applicant for a special exception shall have the burden of establishing that the application complies with the express standards and criteria of the Zoning Code authorizing a special exception, and that the application will not be contrary to the public health, safety and welfare.

An applicant for a variance shall have the burden of establishing that the provisions of the Zoning Code inflict unnecessary hardship upon the applicant as provided by the Municipalities Planning Code,[1] and that the application will not be contrary to the public health, safety and welfare.

In determining whether the allowance of a special exception or a variance is contrary to the public health, safety and welfare, the Zoning Hearing Board shall consider whether the application, if granted, will:

Hearings of the Board shall be held at the call of the Chairman and at such times as the Board may determine. 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 as voting members 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.

All hearings conducted by the Board shall be open to the public. A continuance of a hearing may be granted by the Board upon cause shown, provided that the applicant shall pay the required continuance fee. No continuance shall be granted if the result would be that the first hearing on the matter shall be held on a date more than 90 days beyond the case's original hearing date.

Public notice by publishing a notice of the hearing once a week for two successive weeks, and not less than seven days prior to the hearing date, in a newspaper of general circulation in the Township.

Written notice shall be given to the applicant at the address set forth on the appeal or application.

Written notice shall be given to the Zoning Officer and to the members of the Board of Commissioners.

Written notice shall be given to any person who has made a timely request for the same.

Written notice of said hearing shall be given by the conspicuous posting on the affected property or tract of land at least one week prior to the hearing of a copy of the notice of the hearing, such notice shall be affixed by the Zoning Officer.

An appellant or applicant for a variance or other relief before the Zoning Hearing Board, and any other party to the proceedings before the Zoning Hearing Board, including representatives of the Township, a person aggrieved, any protestant or civic group having asserted an interest in the proceedings, may utilize mediation as an aid in completing such proceedings; provided, however, that the Zoning Hearing Board shall not initiate mediation or participate as a mediating party. Mediation shall supplement, not replace, those procedures and the jurisdiction of the Zoning Hearing Board in this article and in the Pennsylvania Municipalities Planning Code.[1] Nothing in this section shall be interpreted as limiting the municipal police powers of the Township or as modifying any principles of substantive law.

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 enter into such mediation and negotiate in good faith for a resolution.

Prior to entering into mediation, the parties shall execute an agreement providing for, but not limited to, the following items:

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