A. The Board of Supervisors by majority vote shall appoint a Zoning Hearing Board consisting of either three or five residents of the municipality.
B. The terms of office of a three member board shall be three years and shall be so fixed that the term of office of one member shall expire each year.
C. If a three member board is changed to a five member board, the members of the existing three member board shall continue in office until their term of office would expire under prior law. The governing body may appoint two additional members to the board, each having three year terms. Each member's term shall be so fixed so that no more than two (2) members of a five member board shall expire each year.
D. The board shall promptly notify the governing body of any vacancies that occur. Appointments to fill vacancies shall be only for the unexpired portion of the term.
E. Members of the board shall hold no other office in the Township, except that no more than one member of the board may also be a member of the Planning Commission..
F. A five member board shall not be changed to a three member board except upon an affirmative vote on the question by a majority of the electors of the municipality at a referendum held at the municipal or general election. This must occur prior to a year in which the terms of two of -the members on the board expire.
The Zoning Hearing Board shall have the following powers:
A. Appeals from the Zoning Officer
The Zoning Hearing Board shall hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Zoning Officer in the enforcement of this Ordinance..
B. Challenge to the Validity of the Zoning Ordinance and Map.
The Board shall hear challenges to the validity of the Zoning Ordinance or Map, except in questions of an appeal for a Curative Amendment as provided within Section 1007 of this Ordinance. In all such challenges, the Zoning Hearing Board shall take evidence and make a record thereon as provided in Section 1103 of this Ordinance.
C. Variances
The Zoning Hearing Board shall hear requests for variances where it is alleged that the provisions of this Ordinance inflict undue hardship upon the applicant. The Zoning Hearing Board may grant a variance, provided 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 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 this 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 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; and
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.
In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this Ordinance.
D.Special Exceptions.
The Zoning Hearing Board shall hear and decide requests for special exceptions in accordance with standards and criteria set forth within this Ordinance and as more particularly set forth hereafter. In granting a special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards in addition to those expressed in this Ordinance as it may deem necessary and proper to implement the purpose and intent of this Ordinance. (Amended 7/13/81)
1. The size, scope, extent and character of the special exception requested is consistent with the most recent Comprehensive Plan and would promote the harmonious and orderly development of the Zoning District involved.
2. The proposed change or modification constitutes an appropriate use consistent with the character and type of development in the area surrounding the location for which the request is made and will not substantially injure or detract from the use of surrounding property or the character of the neighborhood in light of the Zoning Classification of the area affected; the effect on other properties in the area; and the presence or the absence in the neighborhood of conditions or uses which are the same or similar in character to the condition or use for which applicant seeks approval.
3. The proposed use is suitable with respect to traffic and highways in the area and provides for adequate access and offstreet parking arrangements in order to protect major streets and highways from undue congestion and hazard.
4. Major street and highway frontage will be developed so as to limit the total number of access points and encourage the frontage of building on parallel marginal roads or on roads perpendicular to the major street or highway,
5. The proposed change is reasonable in terms of the logical, efficient and economical extension of public services and facilities, such as public water, sewers, police, fire protection and public schools, and assure adequate arrangements for sanitation.
6. Conditions imposed on the grant of the request necessary to insure that the general purpose and intent of this Zoning Ordinance are complied with and that the use of the property adjacent to the area included in the proposed change or modification is adequately safeguarded with respect to harmonious design of buildings, aesthetics, planting and its maintenance as a sight or sound screen, landscaping, hours of operation, lighting, numbers of persons involved, allied activities, ventilation, noise, sanitation, safety, smoke and fume control and the minimizing of noxious, offensive or hazardous elements.
7. The proposed change protects and promotes the safety, health, morals and general welfare of the Township.
E. Conditional Use Procedures
1. shall be made to the Planning Commission through the Zoning Officer in such form and with such supporting data as the Board of Supervisors or Planning Commission may prescribe. The appropriate application, fee prescribed by Resolution of the Board of Supervisors from time to time, shall be paid in advance.
2. Upon receipt of an application for a, the Planning Commission shall schedule it for consideration at a regular or special meeting within a reasonable time.
3. The Planning Commission shall be authorized to require of the applicant such further engineering data, text reports, maps, surveys, plot plans, technical information, offers of dedication, bonds and other undertakings as may be necessary to determine and insure compliance with the standards and criteria hereinafter set forth.
4. No conditional use shall be recommended by the Planning commission or approved by the Board of Supervisors unless, or to the extent that the standards and criteria set forth below are met and appropriate conditions and restrictions are attached to the approval to insure continuing compliance therewith.
a. The site shall be adequate and appropriate for the proposed use in terms of size, topography, surface water drainage, sewage disposal and accessibility.
b. Upon consideration of the character and type of development in the area surrounding the proposed conditional use, such use, as permitted, shall constitute an appropriate use in the area which will not substantially injure or detract from the use of surrounding property or from the character of the neighborhood.
c. Existing public roads shall be adequate to serve additional traffic reasonably likely to be generated by the proposed use.
d. Development of the property for the proposed use shall promote, or be consistent with, the coordinated and practical community development, proper density of population, the provision of adequate public and community services, the public health, safety, morals and general welfare.
e. The proposed use shall be reasonable in terms of the logical, efficient and economical extension of public services and facilities, such as public water, sewers, police and fire protection.
f. If the proposed site would be created by subdivision of a larger tract or parcel, the balance of such tract or parcel remaining shall be adequate and appropriate for its existing and continuing use in accordance with the foregoing standards.
g. Development of the site for the proposed use shall be subject to regulations, appropriate conditions, and restrictions to:
i. Insure compatibility of any building to be erected or altered with the surrounding area in terms of size, shape, materials and placement of structures. ii. Control traffic, noise, signs, lights, parking and other anticipated activity upon the premises to avoid or minimize any adverse effect upon the peace, quiet privacy and the character of the surrounding area.
W. Provide adequate onsite parking for any reasonably anticipated volume of use, considering the standards set forth in Article VIII of this Ordinance as minimal.
W. Require such landscaping as may be appropriate for protective buffering of, and the promotion of harmony with, adjoining residential or other permitted uses.
5. After a full review of the application at such meeting or meetings as it shall deem necessary, including one public meeting, the Planning Commission shall transmit the application to the Board of Supervisors, accompanied by a written report of its findings and recommendations, including all recommended conditions, a copy of which report shaft be furnished the applicant. Notice of the public meeting shall be given to those persons and agencies who would be entitled to notice if the same premises were the subject of an application to the Zoning Hearing Board for special exception, and to all others who have registered their names with the Zoning Officer for that purpose.
6. The Board of Supervisors shall consider the application, which application shall be the same application as filed with the Planning Commission, and the report of the Planning Commission at its next regular meeting. Upon request, the applicant and others affected by the application shall be afforded reasonable opportunity to be heard.
7. The Board of Supervisors shall approve or disapprove the application by resolution. In case of approval, it shall affirm, modify and/or supplement the conditions and requirements recommended by the Planning Commission, as the Board may find proper pursuant to the standards and criteria set forth above. In no case, however, shall the Board fail to act on a conditional use application under this Article within 90 days of the submission of the application, unless such time be extended in writing by the applicant. Unless otherwise provided in the resolution of approval, any subsequent extension of the approved conditional use shall require a reapplication under Section 1102.E.
The Zoning Hearing Board shall conduct hearings and make decisions in accordance with the following requirements:
A. Notice shall be given to the public, applicant the Zoning Officer, Township Secretary and to any person who has made timely request for the same. Public notice shall be placed once a week for two (2) successive weeks in a newspaper of general circulation in the Township. A minimum of ten (10) days before the hearing date.
B. The hearings shall be conducted by the board. The decision or, where no decision is called for, the findings shall be made by the board, but the parties may waive decision or findings by the board and accept the decision or findings of the hearing officer as final.
C. The parties to the hearing shall be the municipality, any person affected by the application who has made timely appearance of record before the board and any other person permitted to appear by the board. The board shall have 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.
D. The chairman or acting chairman of the board, or the hearing officer presiding, shall have 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.
E. 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.
F. Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded.
G. The board or the hearing officer, as the case may be, 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.
H. The board or the hearing officer 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 representative unless all parties are given an opportunity to be present. (Amended 5/8/87)
Appeals to the Zoning Hearing Board may be filed by the landowner affected, any officer of the Township or any person aggrieved. The Zoning Hearing Board shall make rules as to the manner of filing appeals. The appropriate fee, established by the Township, shall be paid in advance for each appeal to cover the costs of proceedings.
The Zoning Hearing Board shall render a written decision or when no decision is called for, make written findings on the application within forty-five (45) days after the last hearing before the Board. 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 act 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. Where the Board has power to render a decision and the Board fads to render the same within the period required by this clause or fails to hold the required hearing, 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. 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 herein above provided, the Township Secretary shall give public notice of said decision within ten (10) days in the same manner as prescribed in this section for the giving of notice of hearings.
