The Zoning Hearing Board is hereby created in accordance with the provisions of Article
IX of the Pennsylvania Municipalities Planning Code (MPC), Act 247, as amended.
The membership of the Zoning Hearing Board shall consist of three residents of the Township who shall be appointed and serve as provided by law, and at least one but not more than three residents of the Township to serve as alternate members of the Zoning Hearing Board. An alternate member shall be entitled to participate in all proceedings and discussions of the Board as provided by law in §
208-144. Members and alternate members of the Zoning Hearing Board shall hold no other office in the Township. Removal of Zoning Hearing Board members shall be governed by the provisions of the laws of the commonwealth.
The Zoning Hearing Board shall have the functions and powers prescribed by law. In accordance with the provisions of Article
IX of the MPC, the Zoning Hearing Board:
A. Shall hear and decide appeals where it is alleged
by the appellant that the Zoning Officer has failed to follow prescribed
procedures or has misinterpreted or misapplied any provision of this
chapter or the Zoning Map or any valid rule or regulation governing
the action of the Zoning Officer.
B. Shall hear requests for variances where it is alleged that the provisions of this chapter inflict unnecessary hardship upon the applicant, subject to the standards prescribed by law and contained in §
208-150B.
C. Shall hear and decide requests for special exceptions
where this chapter states that a special exception may be granted
or denied by the Zoning Hearing Board in accordance with express standards
and criteria contained in this chapter.
D. May hear all challenges to the validity of this chapter
or to the Zoning Map involving issues of fact and of interpretation
which properly come before the Zoning Hearing Board in accordance
with law and shall take evidence and make a record thereof as prescribed
by the MPC.
E. Shall comply with the provisions and standards of §
208-150 in granting any variance or special exception.
The Zoning Hearing Board shall conduct hearings and make decisions in accordance with the requirements of the MPC and any pertinent provisions of this chapter or the rules of the Zoning Hearing Board. Upon the filing with the Zoning Hearing Board of an appeal or a request for a special exception or variance from the terms of this chapter, the Zoning Hearing Board shall fix a time and place for a public hearing thereon and shall give notice thereof in accordance with the provisions of §
208-147. The Chairman or Acting Chairman of the Zoning Hearing Board or the Hearing Officer presiding shall have the power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers. 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 subject to the additional requirements of the MPC. Where the Zoning Hearing Board has the power to render a decision and the Zoning Hearing Board or the Hearing Officer, as the case may be, fails to render the same within 45 days, the decision shall be deemed to have been rendered in favor of the applicant. The parties to the hearing shall be any person who is entitled to notice in §
208-147 without special request therefor who has made timely appearance of record before the Zoning Hearing Board and any other person permitted to appear by the Zoning Hearing Board. Records of the proceedings shall be kept and copies and notices of Zoning Hearing Board decisions shall be provided as required by the MPC.
In any case where the Zoning Hearing Board shall
hold a public hearing, it shall give notice as follows, which notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing:
A. By publishing a notice thereof, not more than 30 days
and not less than seven days in advance of such hearing, once each
week for two successive weeks, in a newspaper of general circulation
in the Township.
B. By mailing due notice thereof to the applicant and
other parties in interest.
C. By mailing notice thereof to the Township Manager
and to the Township Supervisor representing the Election District
in which the lot or building is located, the Zoning Officer and the
Township and County Planning Commission.
D. By mailing a notice thereof to every resident or association
of residents of the Township who shall have registered their names
and addresses for this purpose with the Zoning Hearing Board for the
current year.
E. When the Zoning Hearing Board shall so order, by mailing
notice thereof to the owner if his residence is known or to the occupier
of every lot on the same street within 500 feet of the lot or building
in question and of every lot not on the same street within 150 feet
of said lot or building. Failure to give the notice required by this
subsection shall not invalidate any action taken by the Board.
Unless otherwise specified by the Zoning Hearing
Board, a special exception or variance shall expire if the applicant
fails to obtain a building or occupancy permit within 12 months from
the date of the decision of the Zoning Hearing Board.
Zoning appeals from decisions of the Zoning Hearing Board and appeals upon reports of the Zoning Hearing Board in proceedings to challenge the validity of the Zoning Chapter and Map may be taken by any party before the Zoning Hearing Board or any officer or agency of the Township to the Court of Common Pleas of Chester County in accordance with the provisions of Article
IX of the MPC. All such zoning appeals shall be filed not later than 30 days after issuance of the notice of decision or report of the Zoning Hearing Board.