Zoning Hearing Board
1254.01
1254.02 Powers and duties.
1254.03 Hearings.
1254.04 Notice of hearings.
1254.05 Notice of decisions.
1254.06 Standards for Zoning Hearing Board action.
1254.07 Standards of proof.
1254.08 Expiration of special exceptions and variances.
1254.09 Appeals.
CROSS REFERENCES:
Zoning Appeals - see Penna. Mun. Plan. Code, Sec. 615
Employment of legal counsel - see Penna. Mun. Plan. Code, Sec. 617.3(c)
Zoning Hearing Board and other administrative proceedings - see Penna. Mun. Plan. Code, Art. IX
Appeals to court - see Penna. Mun. Plan. Code, Art. X-A
General provisions and definitions - see P. & Z. Ch. 1250
Administration, enforcement and penalty - see P. & Z. Ch. 1252
1254.01 ESTABLISHMENT AND PROCEDURE.
(a) Creation of the Zoning Hearing Board. A Zoning Hearing Board for the Township of Aston shall be appointed by the Board of Commissioners and shall be authorized to administer all procedures charged to such boards in accordance with the provisions of Article IX of the Pennsylvania Municipalities Planning Code, as amended. Hereinafter, as used in this chapter, the term “Board” shall refer to the Zoning Hearing Board, and the term “Planning Code” shall refer to the Pennsylvania Municipalities Planning Code, Act 247, as amended by Act 170.
(b) Membership of the Board. The Board shall consist of five residents of the Township. Their terms of office shall be five years and shall be so fixed that the term of office of one member shall expire each year. The Board shall promptly notify the Township Commissioners of any vacancies. Appointments to fill vacancies shall be only for the unexpired portion of the term. Members of the Board shall hold no other elected or appointed office in the Township.
(c) Removal of Members. Any member may be removed for malfeasance, misfeasance, or nonfeasance in office or for other just cause by a majority vote of Township Commissioners taken after the member has received fifteen days advance notice of the intent to take such a vote. A hearing shall be held in connection with the vote if the member requests it in writing.
(d) Organization of the Board.
(1) The Board shall elect from its own membership its officers, who shall serve annual terms as such and may succeed themselves. For the conduct of any hearing and the taking of any action, a quorum shall be not less than the majority of all members of the Board, but where a majority of members are disqualified to act in a particular matter, the remaining members may act for the Board. As provided for in the Planning Code, the Board may appoint a hearing officer from its own membership to conduct any hearing on its behalf, and the parties may waive further action by the Board, as provided in Section 908 of the Planning Code.
(2) The Board shall adopt rules and forms for its procedure in accordance with the provisions of this Zoning Code. Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. Such Chairman or, in his absence, the acting Chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public.
(3) The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examination and other official actions, all of which shall be immediately filed in the Office of the Township Secretary and shall be a public record.
(4) The Board shall submit a report of its activities to the Township Commissioners as requested.
(e) Expenditures for Services. Within the limits of funds appropriated by the Township Commissioners, the Board may employ or contract for secretaries, clerks, legal counsel, consultants, and other technical and clerical services. Members of the Board may receive compensation for the performance of their duties, as may be fixed by the Township Commissioners, but in no case shall it exceed the rate of compensation authorized to be paid to members of the Board of Commissioners.
(Ord. 662. Passed 2-21-90.)
(a) Anneals from the Code Enforcement Officer. The Board shall hear and decide appeals where it is alleged that the Township Code Enforcement Officer has failed to follow prescribed procedures or has misinterpreted or misapplied any provision of this Zoning Code or the Zoning Map, or any valid rule or regulation governing the action of the Code Enforcement Officer.
(b) Applications. Applications for variances or special exceptions shall include as a minimum the following information:
(1) A sketch plan, at scale, showing the layout of the property, the proposed improvements and alterations thereto, and the relationship of the tract to adjacent properties.
(2) A reference to the section(s) of this Zoning Code under which the variance or special exception is requested.
(c) Variances. The Board shall hear requests for variances where it is alleged that the provisions of this Zoning Code inflict unnecessary hardship on the applicant. In granting a variance the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of the Planning Code and this Zoning Code.
(d) Special Exceptions. The Board shall hear and decide requests for special exceptions authorized by this Zoning Code in accordance with the standards and criteria set forth in Section 1254.06. The Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of the Planning Code and Zoning Code.
(e) Challenge to the Validity of Ordinance or Map. The Board shall conduct hearings and make decisions and findings in connection with challenges to the validity of any provision of this Zoning Code as authorized by Section 909.1 of the Planning Code. (Ord. 662. Passed 2-21-90.)
1991 Replacement