Pursuant to the provisions of the Pennsylvania Municipality Planning Code, Article
IX, a Zoning Hearing Board is hereby established.
Within the limits of funds appropriated by the
governing body, the Board may employ or contract for secretaries,
clerks, legal counsel, consultants and other technical and clerical
services.
The Board shall conduct hearings and make decisions
in accordance with the following requirements:
A. Notice shall be given to the public, the applicant,
the county planning agency, the Zoning Officer, such other persons
as the governing body shall designate by ordinance and to any person
who has made a timely request for the same. Notices shall be given
at such time and in such manner as shall be prescribed by ordinance
or, in the absence of an ordinance provision, by rules of the Board.
The governing body may establish reasonable fees, based on cost, to
be paid by the applicant and by persons requesting any notice not
required by ordinance. In addition to the notice provided herein,
notice of said hearing shall be conspicuously posted on the affected
tract of land.
B. 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, but the parties may waive decision or findings by the Board
and accept the decision or findings of the Hearing Officer as final.
C. The parties to the hearing shall be any person who is entitled to notice under §
181-54A, without special request therefor who has made timely appearance of record before the Board and any other person permitted to appear by the Board. 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.
D. The parties shall have the right to be represented
by counsel and shall be afforded the opportunity to respond and present
evidence and cross-examine adverse witnesses on all relevant issues.
Formal rules of evidence shall not apply, but irrelevant, immaterial
or unduly repetitious evidence may be excluded.
E. The Board of the hearing officer, as the case may
be, shall keep a stenographic record of the proceedings, and copies
of graphic or written material received in evidence shall be made
available to any party at cost.
F. 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 memorandums or other materials for all parties to participate;
shall not take notice of any communication, reports, staff memorandums
or other materials unless the parties are afforded an opportunity
to contest the material so noticed and shall not inspect the site
or its surroundings with any party or his representative unless all
parties are given an opportunity to be present.
G. 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 with 45 days. Each decision
shall be accompanied by findings of fact and conclusions based thereon,
together with the reasons therefor. Conclusions based on any provisions
of the Pennsylvania Municipality Planning Code or of any 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, and the parties shall be entitled to make written
representations thereon to the Board prior to final decision or entry
of findings. Where the Board has power to render a decision and the
Board or the Hearing Officer, as the case may be, fails to render
the same within the period required by this clause, the decision shall
be deemed to have been rendered in favor of the applicant. Notice
of said hearing shall be conspicuously posted on the affected tract
of land.
H. 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. Notice of said hearing shall be conspicuously posted
on the affected tract of land.
Appeals under §
181-55A and proceedings to challenge an ordinance under §
181-55B may be filed with the Board in writing by any officer or agency of the municipality, or any person aggrieved. Requests for a variance under §
181-55D may be filed with the Board by any landowner or any tenant with the permission of such landowner.
The time limitations for raising certain issues
and filing certain proceedings that the Board shall be the following:
A. No issue of alleged defect in the process of enactment
of any ordinance or map or any amendment thereto shall be raised in
any proceeding filed with the Board later than 30 days from the time
such ordinance, map or amendment takes effect, unless the person raising
such issue alleges and proves that he failed to receive adequate notice
of the enactment or amendment. If such person has succeeded to his
interest after the enactment of the ordinances, adequate notice to
his predecessor in interest shall be deemed adequate notice to him.
B. No person shall be allowed to file any proceeding
with the Board later than 30 days after any application for development,
preliminary or final, has been approved by an appropriate municipal
officer, agency or body if such proceeding is designed to secure reversal
or to limit the approval in any manner unless such person alleges
and proves that he failed to receive adequate notice of such approval.
If such person has succeeded to his interest after such approval,
adequate notice to his predecessor in interest shall be deemed adequate
notice to him.
Upon filing of any proceeding referred to in §
181-56 and during its pendency before the Board, all land development pursuant to any challenged ordinance, order or approval of the Zoning Officer or of any agency or body, and all official action thereunder, shall be stayed unless the Zoning Officer or any other appropriate agency or body certified to the Board facts indicating that such stay would cause imminent peril to life or property, in which case the development or official action shall not be stayed otherwise than by a restraining order, which may be granted by the Board or by the court having jurisdiction of zoning appeals on petition after notice to the Zoning Officer or other appropriate agency or body. When an application for development, preliminary of final, has been duly approved and proceedings designed to reverse or limit the approval are filed with the Board by persons other than the applicant, the applicant may petition the court having jurisdiction of zoning appeals to order such persons to post bond as a condition to continuing the proceedings before the Board. The question whether or not such petition should be granted and the amount of the bond shall be within the sound discretion of the court.
The Zoning Hearing Board shall perform all the
duties and have all the powers prescribed by the Pennsylvania Municipalities
Planning Code and as herein more particularly provided.