The Zoning Hearing Board shall conduct hearings
and make decisions in accordance with the following requirements:
A. Public notice shall be given and written notice shall
be given to the applicant, the Zoning Officer and to any person who
has made timely request for the same. Written notices shall be given
at such time and in such manner as shall be prescribed by rules of
the Board. In addition to the written notice provided herein, written
notice of said hearing shall be conspicuously posted on the affected
tract of land at least one week prior to the hearing.
B. The hearing shall be held within 60 days from the
date of the applicant's request, unless the applicant has agreed in
writing to an extension of time.
C. The hearings shall be conducted by the Board or the
Board may appoint any member as a hearing officer. The decision, or,
where no decision is called for, the findings shall be made by the
Board, however, the appellant or the applicant, as the case may be,
in addition to the Township, may, prior to the decision of the hearing,
waive decision or findings by the Board and accept the decision or
findings of the hearing officer as final.
D. The parties to the hearing shall be the Township,
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 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.
E. 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.
F. 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.
G. Formal rules of evidence shall not apply, but irrelevant,
immaterial, or unduly repetitious evidence may be excluded.
H. The Board or the hearing officer, as the case may
be, shall keep a stenographic record of the proceedings.
I. 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, except advice from their
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.
J. The Board or the hearing officer, as the case may be, shall render a written decision or, when no decision is called for, make written findings on the application within 45 days after the last hearing before the Board or hearing officer. 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 law, ordinance, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found. If the hearing is conducted by a hearing officer, and there has been no stipulation that his decision or findings are final, the Board shall make his report and recommendations available to the parties within 45 days and the parties shall be entitled to make written representations thereon to the Board prior to final decision or entry of findings, and the Board's decision shall be entered no later than 30 days after the report of the hearing officer. Where the Board fails to render the decision within the period required by this subsection, or fails to hold the required hearing within 60 days from the date of the applicant's request for a hearing, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record 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 hereinabove provided, the Board shall give public notice of the said decision within 10 days from the last day it could have met to render a decision in the same manner as provided in Subsection
A of this section. If the Board shall fail to provide such notice, the applicant may do so. Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.
K. A copy of the final decision or, where 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.
L. The Board of Commissioners shall establish, by resolution,
fees with respect to hearings before the Zoning Hearing Board.
Meetings of the Board shall be held at the call
of the Chairman and at such other times as the Board may determine.
The 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. The Board shall keep minutes of
its proceedings showing the vote of each member upon each question,
or if a member is absent or fails to vote, indicating such fact and
shall keep records of its examinations and other official actions
all of which shall be immediately filed with the Township Secretary
and shall be public record.
Appeals raising the substantive validity of
any land use ordinance (except those to be brought before the Board
of Commissioners pursuant to the Pennsylvania Municipalities Code),
procedural questions or alleged defects in the process of enactment
or adoption of a land use ordinance; or from the determination of
the Zoning Officer, including, but not limited to, the granting or
denial of any permit, or failure to act on the application therefor,
the issuance of any cease and desist order or the registration or
refusal to register any nonconforming use, structure or lot; from
a determination by the Township Engineer or the Zoning Officer with
reference to the administration of any floodplain or flood hazard
ordinance or such provisions within a land use ordinance; from the
determination of any officer or agency charged with the administration
of any transfers of development rights or performance density provisions
of this chapter; from the determination of the Zoning Officer or Township
Engineer in the administration of any land use ordinance or provision
thereof with reference to sedimentation and erosion control and stormwater
management insofar as the same relate to development not involving
subdivision and land development or planned residential development
may be filed with the Zoning Hearing Board in writing by the landowner
affected, any officer or agency of the Township, or any person aggrieved.
Requests for a variance and for special exception may be filed with
the Board by any landowner or any tenant with the permission of such
landowner.
The Board may grant approval of a special exception;
provided, that the following standards and criteria are complied with
by the applicant for the special exception. The burden of proof rests
with the applicant.
A. The applicant shall establish, by credible evidence,
that the special exception or other subject of consideration for approval
complies with the intent of this chapter.
B. The applicant shall establish, by credible evidence,
compliance with all conditions of the special exception enumerated
in that section which gives the applicant the right to seek a special
exception.
C. The applicant shall establish, by credible evidence,
that the proposed special exception or other subject of consideration
for approval shall not adversely affect neighboring land uses in any
way and shall not impose upon its neighbors in any way, but rather
shall blend in with them in a harmonious manner.
D. The applicant shall establish, by credible evidence,
that the proposed special exception or other subject of consideration
for approval will be properly serviced by all existing public service
systems. The peak traffic generated by the subject of the approval
must be accommodated for in a safe and efficient manner, or improvements
must be made in order to effect the same. Similar responsibility must
be assumed with respect to other public service systems, including,
but not limited to, police protection, fire protection, utilities,
parks and recreation.
E. The applicant shall establish, by credible evidence,
that the proposed special exception or other subject of consideration
for approval will be in and of itself properly designed with regard
to internal circulation, parking, buffering and all other elements
of proper design.
F. The applicant shall provide the Board with sufficient
plans, studies or other data to demonstrate that compliance with the
permitted uses or other regulations, as may be the subject of consideration
for a special exception approval, is unreasonable or inappropriate
for the instance at hand.
G. The Board shall impose such conditions as are necessary
to ensure compliance with the purpose and intent of this chapter,
which conditions may include plantings and buffers, harmonious design
of buildings and the elimination of noxious, offensive or hazardous
elements.
The Zoning Hearing Board, in considering any
matter within its jurisdiction, may consult with the Hatfield Township
Planning Commission, the Montgomery County Planning Commission, or
any other specialist or groups of specialists having expert knowledge
of the matter under consideration, but need not be bound thereby.
Unless otherwise specified by the Zoning Hearing
Board, a special exception or variance shall expire if the applicant
fails to obtain a permit in connection therewith within one year of
the date of the order of the Board or court granting such special
exception or variance.