Pursuant to Article
IX of the Pennsylvania Municipalities Planning Code, as amended, the East Manchester Township Board of Supervisors do hereby create a Zoning Hearing Board consisting of either three or five members as shall be established by resolution of the Supervisors from time to time, pursuant to Article
IX of the Municipalities Planning Code (MPC), who shall be residents of the Township. Members of the Zoning Hearing Board shall hold no other office in the Township.
Within the limits of funds appropriated by the Township Supervisors, the Zoning Hearing Board may employ or contract for secretaries, clerks, legal counsel, consultants and other technical and clerical services. Members of the Zoning Hearing Board and alternates seated pursuant to §
255-83D(2). herein may receive compensation for the performance of their duties, as may be fixed by the Township Supervisors, but in no case shall it exceed the rate of compensation authorized to be paid to the members of the Township Supervisors.
The Zoning Hearing Board shall conduct hearings
and make decisions in accordance with the following requirements:
A. Notice. Public notice shall be given and written notice
shall be given to the applicant, the Township Zoning Officer, all
landowners of property adjoining the subject property (including properties
which would adjoin but for an intervening street or road), and to
any person who has made a timely request for such notice. Written
notices shall be in the form of a letter setting forth the time and
date of the hearing, identifying the property which is the subject
of the application and the nature of the relief sought, and advising
the recipients of the notice of their right to appear at the hearing
and present testimony or witnesses. Such notices shall be mailed at
least 10 days prior to the scheduled date of the hearing by first-class
mail, postage prepaid. The Township Supervisors may establish reasonable
fees, based on cost, to be paid by the applicant and by persons requesting
a notice not required by this chapter. In addition to the notice provided
herein, notice of said hearings shall be conspicuously posted on the
affected tract of land, at least seven days prior to the date of the
hearing.
B. Conduct of hearing.
(1) 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.
(2) The hearings shall be conducted by the Zoning Hearing
Board or the Zoning Hearing 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 Zoning Hearing Board; but the parties may waive
decision or findings by the Zoning Hearing Board and accept the decision
or findings of the hearing officer as final.
(a)
The parties to the hearing shall be the applicant,
East Manchester Township, any person affected by the application who
has made timely appearance of record before the Zoning Hearing Board,
and any other person, including civic or community organizations permitted
to appear before the Board. The Zoning Hearing 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.
(b)
The Chairman or Acting Chairman of the Zoning
Hearing 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.
(c)
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.
(d)
Formal rules of evidence shall not apply, but
irrelevant, immaterial, or unduly repetitious evidence may be excluded.
(e)
The Zoning Hearing Board or the hearing officer,
as the case may be, shall keep a stenographic record of the proceedings.
The appearance fee for a stenographer shall be shared equally by the
applicant and the Zoning Hearing Board. The cost of the original transcript
shall be paid by the Zoning Hearing Board if the transcript is ordered
by the Zoning Hearing Board or hearing officer or shall be paid by
the person appealing from the decision of the Zoning Hearing Board
if such appeal is made, and in either event, the cost of additional
copies shall be paid by the person requesting such copy or copies.
In other cases, the party requesting the original transcript shall
bear the cost thereof.
(f)
The Zoning Hearing Board or 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 of his representative unless all parties are given an opportunity
to be present.
C. Decision.
(1) The Zoning Hearing 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 Zoning Hearing 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 reasons therefor. Conclusions based on any provisions of this chapter or any Township ordinance, rule or regulation, or the MPC, 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 Zoning Hearing Board shall make his report and recommendations available to the parties and the parties shall be entitled to make written representations thereon to the Zoning Hearing 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 Zoning Hearing 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 failure of the Zoning Hearing Board to meet or render a decision as hereinabove provided, the Zoning Hearing Board shall give public notice of said decision within 10 days from the last day it could have met to render a decision in the same manner as provided in §
255-86C(1) of this chapter. If the Zoning Hearing 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.
(2) A
copy of the final decision or, where no decision is called for, of
the finding shall be delivered to the applicant personally or mailed
to him/her not later than the day following its date. To all other
persons who have filed their name and address with the Zoning Hearing
Board not later than the last day of the hearing, the Zoning Hearing
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.
[Amended 12-9-2014 by Ord. No. 2014-6]
If, within six months after approval of an application by the Board under this article, the applicant fails to either apply for the necessary permits from the Township, or, if required by this chapter or Chapter
208, Subdivision and Land Development, fails to file a subdivision and/or land development plan for the tract pursuant to the decision of the Board, then the action of the Board granting the request of the applicant shall be and become null and void. The Zoning Officer may extend the aforementioned deadline by one six-month extension upon request by the applicant.