The requirements and provisions of this Article
XIX shall apply to the Zoning Hearing Board and related functions of this chapter.
The Board shall elect from its own membership its officers, who shall serve annual terms as such and may succeed themselves. For the conduct of any hearing and the taking of any action, a quorum shall be not less than a majority of all members of the Board, but the Board may appoint a hearing officer from its own membership to conduct any hearing on its behalf, and the parties may waive further action by the Board as provided in §
280-1904 of this chapter. If, by reason of absence or disqualification of a member, a quorum is not reached, the Chairman of the Board shall designate as many alternate members of the Board to sit on the Board in all proceedings involving the matter or case for which the alternate was initially appointed until the Board has made a final determination of the matter or case. Designation of an alternate pursuant to this section shall be made on a case-by-case basis in rotation according to declining seniority among all alternates. The Board may make, alter, and rescind rules and forms for its procedure, consistent with ordinances of the Township and laws of the commonwealth. The Board shall keep full public records of its business, which records shall be the property of the Township, and shall submit a report of its activities to the Board of Supervisors upon request.
The Zoning Hearing Board shall conduct hearings and make decisions
in accordance with the requirements of the MPC, as well as the following requirements.
A. Public notice shall be given and written notice shall be given to
the applicant, the Zoning Officer, such other persons as the Board
of Supervisors shall designate by ordinance and to any person who
has made timely request for the same. Written 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 Zoning
Hearing Board. In addition to the written notice provided herein,
written notice of said hearing shall be conspicuously posted on the
affected tract of land at least one week prior to the hearing.
B. All persons who wish to be considered parties to a hearing shall
enter their appearance on forms provided by the Zoning Hearing Board.
C. Every person who requests a hearing before the Zoning Hearing Board
shall submit a fully completed application to the Zoning Officer or
the Zoning Hearing Board on the form prescribed by the Zoning Hearing
Board. The Zoning Officer shall reject all incomplete applications.
The date of an applicant's request shall be the date when a fully
completed application accompanied by the appropriate fee is submitted
to and received by the Zoning Officer.
D. All requests for a continuance of a scheduled hearing shall be submitted
in writing with the reasons therefor and shall contain a statement
that the applicant agrees to an extension of time period, within which
the Zoning Hearing Board is required to hold a hearing or to render
a written decision. No more than two continuances shall be permitted,
unless the party requesting the continuance pays the fee prescribed
by the Board of Supervisors pursuant to resolution.
E. The Zoning Hearing Board or the hearing officer shall keep a stenographic
record of the proceedings. The appearance fee for a stenographer shall
be shared equally by the applicant and the Board. The cost of the
original transcript shall be paid by the Board if the transcript is
ordered by the 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 costs.
F. Effect of Zoning Hearing Board's decision. The following time requirements
and conditions shall apply to approvals granted by the Zoning Hearing
Board:
(1)
Permit period.
(a)
The applicant or appellant shall secure all necessary zoning
and building permits within 12 months after the approval date of the
variance, special exception, or other action of approval by the Zoning
Hearing Board.
(b)
The Zoning Hearing Board may grant an extension of the twelve-month
permit period, provided that the applicant or appellant has demonstrated
good cause in a written application to the Zoning Hearing Board.
(c)
Should the applicant or appellant fail to obtain all necessary
zoning permits within the time limitations of this section, it shall
be conclusively presumed that the appellant or applicant has waived,
withdrawn, or abandoned the appeal or application; and all provisions,
variances, special exceptions and zoning permits granted shall be
deemed automatically rescinded by the Zoning Hearing Board.
(2)
Construction period.
(a)
The applicant or appellant shall complete the building, alteration,
or use within two years after a zoning permit has been issued.
(b)
The Zoning Hearing Board may grant an extension of the two-year
construction period, provided that the applicant or appellant has
demonstrated good cause in a written application to the Zoning Hearing
Board.
(c)
Should the applicant or appellant fail to complete such construction,
alteration, or use within the time limitations of this section, the
Zoning Hearing Board may rescind or revoke the granted variance, special
exception, or zoning permit. The Zoning Officer shall provide the
applicant or appellant with a written notice at least 10 days prior
to such decision of the Zoning Hearing Board. The decision to rescind
or revoke such approvals shall be based on one or more of the following
findings of the Zoning Hearing Board:
[1] That there is no good cause for the failure to
complete such construction, alteration, or use within the required
time.
[2] That conditions have so changed since the approval
of the zoning permit that revocation of the action is justified.
No person shall be allowed to file any proceeding with the Zoning
Hearing Board later than 30 days after any application for development,
preliminary or final, has been approved by the Board of Supervisors,
if such proceeding is designed to secure reversal or to limit the
approval in any manner, unless such person alleges and proves that
he had no notice or knowledge or reason to believe that such approval
had been given. If such person has succeeded to his interest after
such approval, he shall be bound by the knowledge of his predecessor
in interest.
Upon the filing of any proceeding referred to in this Article
XIX and during its pendency before the Zoning Hearing 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 Hearing Board determines there are 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 Zoning Hearing 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 or final, has been duly approved and proceedings designed to reverse or limit the approval are filed with the Zoning Hearing 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 Zoning Hearing Board. The question of whether or not such petition should be granted and the amount of the bond shall be within the sound discretion of the court.