Application procedures and limitations.
(1) All applications, including appeals, to the Zoning Hearing Board (ZHB) shall be submitted to the Zoning Officer. All applications shall be made on the form supplied by the Township and shall contain all information requested on such form. All applications shall contain the following information:
(a) Name and address of the applicant and, if different, the name and address of the landowner. If the applicant is not the landowner of record, information demonstrating that the applicant has the legal right to make the application shall accompany the application.
(b) Dimensions and shape of the lot to be developed, and the exact location and dimensions of any structure existing or to be erected.
(c) The height of any proposed buildings or structures.
(d) Existing and proposed uses of all existing and proposed structures.
(e) Existing and proposed off-street parking and loading spaces.
(f) Names and addresses of adjoining landowners, including lots directly across a public right-of-way.
(g) A site plan with sufficient detail and accuracy to demonstrate compliance with all applicable provisions of this chapter.
(h) A written description of the proposed use in sufficient detail to demonstrate compliance with all applicable provisions of this chapter if requesting a special exception or demonstrating unnecessary hardship if requesting a variance or explaining how the Zoning Officer erred in an appeal from a determination of the Zoning Officer. In addition, all applications for a variance must be accompanied by a written description indicating the specific hardship for each of the following requirements:
[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 particular 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 zone 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 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 zone or neighborhood 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 regulations in issue.
(i) A reference to all sections of this chapter which are relevant to the application or appeal.
(j) A listing of all special exceptions and/or variances which the applicant is requesting.
(2) Applications shall include the appropriate fee established by resolution or ordinance by the Board of Supervisors. Failure to pay the required filing fee shall render the application incomplete.
(3) The Zoning Officer shall review the application to determine if it is generally in a form that complies with the terms of this chapter. Within five working days from the date of submissions, the Zoning Officer may return the application to the applicant and inform the applicant that his application is incomplete. If the Zoning Officer fails to return an application to the applicant within the five-day period, it shall not be deemed an acknowledgment by the Township that the application meets the requirements of this chapter. Notwithstanding the foregoing, the Zoning Officer shall not be authorized to return appeals from a determination of the Zoning Officer.
(4) After the Zoning Officer has reviewed for completeness the application and any supplemental information submitted before the hearing has been advertised, the application shall be considered closed. The applicant shall not be permitted at the hearing to change the application or supplement the application with plans or other information which should have been submitted with the application, and the ZHB shall consider the application as filed. The ZHB shall not reform any application and shall not be required to grant parts of an application. If an applicant desires to change an application after it is submitted, the applicant shall withdraw the application by filing a request to withdraw and shall submit another application in the form provided by the Township which will be considered filed on the date it is submitted to the Zoning Officer and a new application fee is paid. Notwithstanding the foregoing, the applicant shall be permitted to make minor revisions to the application, such as providing the street address or tax map parcel number of the property or providing additional copies of documents or plans. The ZHB, in its discretion, may permit other amendments which are not prejudicial to other parties at the time of the hearing, in the interest of administrative economy, or may continue the hearing subject to the applicant paying any fee established by the Township for continuances.
See
§ 270-9.1: Zoning Hearing Board (ZHB) for complete, detailed information on the ZHB.