Members of the Zoning Hearing Board may receive
compensation for the performance of their duties, as may be fixed
by the Board of Supervisors, but in no case shall it exceed the rate
of compensation authorized to be paid to the members of the Board
of Supervisors.
The powers and duties of the Zoning Hearing
Board shall be as set forth in the Pennsylvania Municipalities Planning
Code and its amendments.
The burden of proof shall always be on the applicant
before the Zoning Hearing Board to sustain his appeal before the Zoning
Hearing Board, and in any application for a special exception, the
burden shall be upon the applicant to prove that approval of the application
will not be detrimental to the health, safety and general welfare
of the community.
In exercising the above-mentioned powers, the
Zoning Hearing Board may reverse or affirm, wholly or in part, or
may modify the order, requirement, decision or determination appealed
from and may make such additional order, requirement, decision or
determination as ought to be made, and to that end, shall have all
the powers of the officer from whom the appeal is taken.
The Zoning Hearing Board shall adopt rules of
procedure and forms in accordance with the Zoning Ordinance and the
Pennsylvania Municipalities Planning Code and its amendments.
[Amended 8-23-1990 by Ord. No. 604]
A. Upon the filing with the Board of an appeal or of
an application for any matter within its jurisdiction, the Board shall
fix a reasonable time and place for a public hearing thereon, and
shall:
(1)
Provide public notice, written notice to the
applicant and post the building or lot in question, as provided by
the Pennsylvania Municipalities Planning Code, as amended.
(2)
Mail notice thereof to every resident or association
of residents of the Township who shall have registered, in writing,
their names and addresses for this purpose with the Zoning Hearing
Board or the Township Manager on or after January 1 of the calendar
year when said public hearing is held but prior to the conclusion
of any such public hearing. Any such registration of name(s) effected
prior to January 1 of any calendar year in which a public hearing
is held by the Zoning Hearing Board will not be recognized as a registration
for the purpose of this section.
(3)
Mail notice thereof to the owner or owners,
if their residence is known, or to the occupier or occupiers of every
lot within 500 feet of said lot or building, provided that failure
to give a notice required by this subsection shall not invalidate
any action taken by the Board.
B. Notices herein required shall state the location of
the building or lot and the general nature of the question involved.
The Zoning Hearing Board shall consider in making
its official findings or decisions only evidence properly submitted
at hearings, with the exception of legal briefs, provided that all
parties are given an equal opportunity to submit legal briefs and
any responses thereto, but the allowance of the submission of such
legal briefs and responses thereto shall be entirely within the discretion
of the Zoning Hearing Board. Information from federal, state or county
agencies when submitted on official stationery shall be admitted as
evidence only at public hearings, and the Zoning Hearing Board, in
its sole discretion, shall determine the weight to be given to such
evidence. Information from the Whitemarsh Township Planning Commission
or from any other Township agency, board, commission or committee
shall be submitted to the Zoning Hearing Board only at public hearings
as authorized by the Board of Supervisors or the Township Manager,
but this shall not prevent any member of an official agency, board,
commission or committee of Whitemarsh Township from appearing and
being heard as a private citizen.
[Amended 6-16-1994 by Ord. No. 661; 9-25-2008 by Ord. No.
862]
A. Unless
otherwise specified by the Board, all approvals granted by the Zoning
Hearing Board shall automatically expire 365 days after the date of
the decision unless:
(1) The
applicant has acted upon the approval by obtaining the required permit(s)
and paying the prescribed fees for same; or
(2) The
Zoning Hearing Board decision is on appeal to the courts, at which
point the approval, if upheld on appeal, shall expire 365 days after
final determination on appeal.
B. The Zoning
Hearing Board may extend the expiration date of approvals for a period
of 180 days upon request by the applicant, provided that the applicant
is, in the opinion of the Zoning Hearing Board, diligently pursuing
governmental and/or regulatory approvals as required. Requests for
extensions shall be in writing and submitted to the Zoning Hearing
Board at least 30 days before any applicable expiration date. Only
one extension may be provided for any application.
Appeals from the decisions of the Zoning Hearing
Board shall be in accordance with the Rules of Procedure of the Zoning
Hearing Board and the Pennsylvania Municipalities Planning Code and
its amendments.
The fees for applications to the Zoning Hearing
Board, for cost of stenographic record of the same, and for subpoenas,
shall be in accordance with a schedule adopted by resolution of the
Board of Supervisors.
In addition to the requirements of § 908
of the Pennsylvania Municipalities Planning Code and its amendments,
a copy of the decision or findings of the Zoning Hearing Board shall
be mailed or delivered promptly to each of the following: the Chairman
of the Board of Supervisors, the Chairman of the Whitemarsh Township
Planning Commission, the Township Manager, the Township Secretary
and the Township Zoning Officer.