In accordance with Article
IX of the code, a Zoning Hearing Board shall be appointed and organized,
which Board may adopt rules to govern its procedure. The Board shall
hold meetings, keep minutes and, pursuant to 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, all as required by law. 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. Failure
to meet the time requirements results in a judgment in favor of the
applicant. For the filing of any appeal or proceeding with the Board,
a fee shall be charged in accordance with a schedule annually affixed
by the Township Council.
The Chairman or Acting Chairman of the Board
or the Hearing Officer shall have the power to administer oaths and
issue subpoenas to compel the attendance of witnesses and production
of documents, including those made by the parties. 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
to cross-examine adverse witnesses on all relevant issues.
[Amended 5-18-2005 by Ord. No. 1-05]
Any person or Township official aggrieved or
affected by any decision of the Zoning Hearing Officer may appeal
to the Board within 30 days of the date of the decision as provided
by the rules of the Board by filing a notice of appeal specifying
the grounds thereof.
A. Every appeal or application shall refer to the specific
provisions of this chapter involved, and shall set forth exactly the
interpretation that is claimed, the use for which the special permit
is sought, or the details of the variance that is applied for and
the grounds on which it is claimed the variance should be granted,
as the case may be.
B. The hearings shall be conducted in accordance with
§ 908 of the code.
In cases involving performance standards:
A. The Board may require a plan of the proposed construction
or development, a description of machinery proposed and specifications
for the mechanisms and techniques to be used.
B. The Board may obtain qualified expert consultants
to testify as to whether or not a proposed use will conform to the
performance requirements. The cost of such services shall be borne
by the applicant.
The Board shall have the power to authorize changes of lawful nonconforming uses according to the standards set forth in Article
VI, and such changes are permitted as special exceptions according to standards set forth in this chapter.