In accordance with law, the Township Supervisors shall appoint and organize a Zoning Hearing Board, which Board may adopt rules to govern its procedure. The Board shall hold meetings, keep minutes and, pursuant to public notice, shall conduct hearings, compel the attendance of witnesses, take testimony under oath, and render decisions in writing within 45 days after hearing or continued hearing, in accordance with the requirements of Article
IX of the Pennsylvania Municipalities Planning Code. A fee shall be charged in accordance with a schedule affixed by resolution for any appeal or proceeding filed with the Board.
The Zoning Hearing Board shall have exclusive
jurisdiction to hear and render final adjudication in the following
matters:
A. Substantive challenges to the validity of any land
use ordinance, except curative amendments brought before the Township
Supervisors.
B. Challenges to the validity of a land use ordinance
raising procedural questions or alleged defects in the process of
enactment or adoption, which challenges shall be raised by an appeal
taken with 30 days after the effective date of the ordinance.
C. Appeals 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.
D. Appeals 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.
E. Applications for variances from the terms of this chapter and flood hazard ordinance or such provisions within a land use ordinance pursuant to §
175-175.
F. Applications for uses by special exception under this chapter or floodplain or flood hazard ordinance or such provisions within a land use ordinance, pursuant to Article
XI and §
175-176.
G. Appeals from the Zoning Officer's determination under
Section 916.2 of the Pennsylvania Municipalities Planning Code (Act 247, as amended).
H. Appeals 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.
The Board shall have the power to hear and decide on applications for uses by special exception subject to the application requirements of §
175-93 and the express standards and criteria for the use set forth in Article
XI. The Board shall approve a use by special exception only if it meets all applicable requirements of this chapter and the express standards and criteria set forth in Article
XI. In granting a use by special exception, the Board may attach such reasonable safeguards, in addition to those expressed in this chapter, as it may deem necessary to properly implement this chapter and protect the public health, safety and welfare.
The Board shall conduct hearings and make decisions
in accordance with the following requirements:
A. Scheduling of hearing. The hearing shall be held within
60 days from the date of filing of a complete and properly filed application,
unless the applicant has agreed in writing to an extension of time.
B. Notice.
(1)
Public notice shall be given, as defined herein,
and, in addition, notice shall be given to the applicant, the Zoning
Officer, the Township Supervisors and to any person who has made timely
request for the same.
(2)
Written notices shall be given by regular mail
at least two weeks prior to the public hearing to all property owners
of record within 300 feet of the exterior boundaries of the property
for which the appeal is filed, including those located across a street
right-of-way.
[Amended 7-29-2015 by Ord. No. 128]
(3)
Written notice of said hearing shall be posted
on the affected tract of land at least one week prior to the hearing.
C. Parties to hearing. 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 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.
D. Conduct of hearing.
(1)
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 parties may waive decision or findings by
the Board and accept the decision or findings of the hearing officer
as final.
(2)
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.
(3)
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.
(4)
Formal rules of evidence shall not apply, but
irrelevant, immaterial, or unduly repetitious evidence may be excluded.
E. Stenographic record. The Board or the hearing officer, as the case may be, shall keep a stenographic record of the proceedings. Fees for the stenographer and the transcript shall be in accordance with the provisions of §
175-180B.
F. Communications. 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.
G. Decision.
(1)
The Board or 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.
(2)
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 any other ordinance, rule or
regulation shall contain a reference to the provisions relied on and
the reasons why the conclusion is deemed appropriate in the light
of the facts found.
(3)
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.
H. Notice of decision. A copy of the final decision or,
where no decision is called for, or 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 names
and addresses 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.
I. Rehearing. If any application for a variance, use
by special exception or appeal from the Zoning Officer is denied,
another identical application shall not be filed within a period of
one year from the date of denial, except upon acceptance of the Board
after the applicant demonstrates a change of circumstances which would
warrant a hearing.