Warwick Township Bucks County
City Zoning Code
City Zoning Code
ARTICLE XXIII
Zoning Hearing Board
§ 195-98 Establishment and membership.
A.
A Zoning Hearing Board, consisting of three members appointed by the Board of Supervisors by resolution for overlapping terms of three years each, is established for the purpose of carrying out the functions of a Zoning Hearing Board as provided by law. Members of the Board shall be residents of the Township, except that no elected official or members of the Planning Commission may serve on the Zoning Hearing Board.
B.
The Board of Supervisors may appoint by resolution at least one resident of the municipality to serve as an alternate member of the Board. When seated, the alternate member shall have the right to participate in the proceedings and cast a vote during the proceedings. The alternate shall hold no other appointed or elective position in the Township. The Chairperson of the Zoning Hearing Board may seat the alternate member when, by reason of absence or disqualification of one or two members of the Zoning Hearing Board, no quorum of permanent members is reached
§ 195-99 Organization.
The Zoning Hearing Board shall elect a Chairman, Vice Chairman and Secretary for its membership annually. For the conduct of any hearing and the taking of any action, the quorum shall not be less than a majority of all members of the Board, but where two members are disqualified to act in a particular matter, the remaining member may act for the Board. Within the limits of funds appropriated by the Township Board of Supervisors, the Zoning Hearing 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 and shall submit a report of its activities to the Township Board of Supervisors once a year or as requested by the Board of Supervisors. Alternate members may be appointed to the Zoning Hearing Board by the Board of Supervisors.
§ 195-100 Compensation.
The Zoning Hearing Board members shall be compensated for each individual hearing at a fixed rate established by the Board of Supervisors. If a hearing is continued for any reason for a length of time, it will be considered as one hearing for compensation purposes. Alternate members may receive compensation as fixed by the Board of Supervisors when designated by the Zoning Hearing Board Chairman to sit on the Board as provided by law.
§ 195-101 Hearings.
The Board shall meet monthly to hear and consider all matters which shall properly come before it. All such meetings shall be open to the public. Hearings shall be conducted in accordance with the requirements of the Pennsylvania Municipalities Planning Code (MPC).[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 195-102 Persons entitled to initiate action before Board.
Appeals to the Zoning Hearing Board may be taken by any person or municipal official aggrieved or affected by any provision of this chapter or by any decision, including a notice of violation beginning a civil enforcement proceeding in accordance with the Pennsylvania Municipalities Planning Code[1] issued by the Zoning Officer in enforcing the provisions of this chapter or by any interpretation of the provisions of this chapter by the Zoning Officer or other municipal official. Requests for a variance or special exception must be filed by the landowner or tenant with the permission of such landowner.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 195-103 Manner of initiating action before Board.
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 application form 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 and until all fees required under this chapter shall have been paid.
§ 195-104 Time limits.
Appeals from the Zoning Officer and all requests for variances shall be filed within 30 days following the refusal of the Zoning Officer to grant a zoning permit or building permit. All hearings shall be held within 60 days from the date of the applicant's request, unless the applicant agrees to an extension in writing. Time limits for subsequent hearings shall be in accordance with MPC Section 908.
§ 195-105 Notice of hearing.
A.
Notice of the time and place of all hearings and where materials may be examined shall be given by mail to the applicant, Zoning Officer and to all persons who shall own real estate within 300 feet on the same street and within 150 feet not on the same street as the property which shall be the subject of the application. Notice of the hearing of any particular application shall also be given to any person who timely requests the same in writing, such request to be accompanied by a fee in the sum of $2.
B.
The property which is subject to a hearing shall be posted with notice of the hearing at least one week prior to the hearing date.
§ 195-106 Parties to hearing.
The parties to the hearings shall be the municipality, 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 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.
§ 195-107 Witnesses.
The Chairman or Acting Chairman of the Board 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 the parties.
§ 195-108 Representation.
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 on all relevant issues.
§ 195-109 Rules of evidence.
Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded.
§ 195-110 Record of proceedings.
The Board shall keep a stenographic record of the proceedings, and a transcript of the proceedings and copies of graphic or written material received in evidence shall be made available to any party at cost.
§ 195-111 Communications.
The Board shall not communicate, directly or indirectly, with any party or his representative in connection with any issue involved except upon notice and opportunity for all parties to participate. In addition, the Board shall not take notice of any communication, reports, staff memoranda or other materials, excluding the advice from the Board's Solicitor, 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 representative unless all parties are given an opportunity to be present. "Board," as used herein, shall include not only the members but also any hearing officer, secretary, clerk, legal counsel, or consultant to the Board.
§ 195-112 Decisions.
A.
The Board shall render a written decision or, when no decision is called for, make written findings on the application within 45 days of the last hearing. Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons therefor. Conclusions based on any provisions of this chapter 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 light of the facts found.
B.
In the event that a hearing officer is used to hear a case, the Zoning Hearing Board shall render a written decision on the hearing officer's report within 30 days of the last hearing, although an applicant may agree to an extension of time from these specified time limits either on the record or in writing. The municipality, appellant or applicant may accept the decision of a hearing officer as final.
C.
Where the Board has the power to render a decision and the Board or the hearing officer, as the case may be, fails to render the same within the period required by this section, 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.
§ 195-113 Copies of decisions.
A copy of the final decision or, when 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.
§ 195-114 Appeals to court.
Appeals may be taken to the Court of Common Pleas by any party aggrieved, filed not later than 30 days after notice of the report or decision of the Board is issued.
§ 195-115 Appeals from Zoning Officer's determination.
The Board shall hear and decide appeals where it is alleged by the appellant that the Zoning Officer has failed to follow prescribed procedures or has misinterpreted or misapplied any provisions of this chapter or the Zoning Map. These appeals must be filed within 30 days of the date the written decision is rendered by the Zoning Officer, and all appeals shall be on forms prescribed by the Zoning Hearing Board, accompanied by the requisite fees. All appeals shall refer to the specific provisions of this chapter involved.
§ 195-116 Substantive and procedural challenge to chapter or Zoning Map.
A.
When a landowner questions the validity of this chapter or the Zoning Map on substantive grounds, he may present the challenge to the Zoning Hearing Board or as a curative amendment to the governing body following the procedures outlined in § 195-122. Any aggrieved person who challenges the validity of this chapter or the Zoning Map must submit the challenge to the Zoning Hearing Board.
B.
Procedural challenges to the validity of this chapter, including challenges raising questions of defective enactment, shall be reviewed by the Zoning Hearing Board.
C.
Except as provided in § 195-117, relating to variances, § 195-118, relating to special exceptions, and as otherwise provided by law, the Board shall hear challenges to the validity of this chapter or the Zoning Map and in all such challenges to the Board shall take evidence and make the record thereon. At the conclusion of the hearing, the Board shall decide all contested questions and shall make findings on all relevant issues of fact, which shall become part of the record on appeal to the Court.
D.
The Zoning Hearing Board must render a decision within 45 days of the conclusion of the last hearing.
E.
In order that a landowner may be assured in an expeditious manner that the ordinance or map under which he proposes to build is free from challenge, he may advance the date from which time any challenge may be made to this chapter or the Zoning Map by the following procedure:
(1)
The landowner may submit plans and other materials describing his proposed land use or development to the Zoning Officer for a preliminary opinion as to their compliance with the applicable zoning ordinance or map. These plans need not meet the required standards for preliminary, tentative or final approval as long as they provide a sufficient basis for a preliminary opinion as to their compliance.
(2)
If the Zoning Officer's preliminary opinion is that the proposed use or development complies with this chapter or the Zoning Map, notice thereof shall be published once each week for two successive weeks in a newspaper of general circulation in the Township. The favorable preliminary opinion of the Zoning Officer shall be deemed as preliminary approval, and that time specified for initiating action before the Board shall commence upon the publishing of the second public notice.
F.
When a substantive challenge is upheld by the Zoning Hearing Board or a curative amendment is approved by the governing body, the applicant has two years from the date of approval to file for subdivision approval or one year to file for a building permit.
§ 195-117 Variances.
A.
The Board shall hear requests for variances where it is alleged that the provisions of this chapter inflict unnecessary hardship upon the appellant. 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 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)
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 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 appellant.
(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 in issue.
B.
In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purpose of this chapter.
C.
Life of decision. A variance granted by the Zoning Hearing Board in accordance with this section shall expire one year from the date of the decision, unless the applicant or owner or successor in interest has commenced construction within that time. Construction will be deemed commenced upon the issuance of a building and/or zoning permit for the approved use.
§ 195-118 Special exceptions.
A.
The Zoning Hearing Board shall have the power to approve special exceptions when this chapter specifically requires the obtaining of such approval and for no other use or purpose.
B.
The Zoning Hearing Board shall grant a special exception only if it finds adequate evidence presented by the applicant that the proposed special exception is duly authorized under provisions of this chapter; that the application falls within the terms of the specific provisions allowing for special exceptions; and that the proposed use complies with all other requirements of this chapter. The Zoning Hearing Board, in granting a special exception, may attach such reasonable conditions and safeguards as it may deem necessary to implement the purpose of this chapter. The Board shall, among other things, require that any proposed use and location be:
(1)
In accordance with the Township Comprehensive Plan and consistent with the spirit, purpose and intent of this chapter.
(2)
In the best interests of the Township and the public welfare.
(3)
Suitable for the property in question and designed, constructed, operated and maintained so as to be in harmony with and appropriate in appearance to the existing or intended character of the general vicinity.
(4)
In conformance with all other applicable requirements of this chapter and other Township ordinances.
(5)
Suitable in terms of effects on highway traffic and safety with adequate access arrangements to protect streets from undue congestion and hazard.
(6)
In accordance with sound standards of subdivision and land development practice where applicable.
(7)
Suitable in terms of impact on surrounding residential properties and compatible with adjacent uses.
C.
Life of decision. A special exception granted by the Zoning Hearing Board in accordance with this section shall expire one year from the date of the decision, unless the applicant or owner or successor in interest has commenced construction within that time. Construction will be deemed commenced upon the issuance of a building and/or zoning permit for the approved use.
§ 195-119 Additional jurisdiction of Board.
The Zoning Hearing Board shall hear the following matters:
B.
Appeals from the Zoning Officer's preliminary opinions under Section 916.2 of the Municipalities Planning Code, as amended.
C.
Appeals from determinations by the Township Engineer or Zoning Officer for erosion or stormwater management not involving a subdivision or planned residential development.