It shall be the duty of the Zoning Officer to enforce the provisions
of this Chapter and such power and authority as is necessary for enforcement
is hereby conferred upon the Zoning Officer. The Zoning Officer shall
examine all applications for permits, issue permits for construction
and uses which are in accordance with the requirements of this Chapter,
record and file all applications for permits with accompanying plans
and documents and make such reports as the governing body may require.
Permits for construction and uses which are a special exception or
a variance to requirements of this Chapter shall be issued only upon
written order of the Zoning Hearing Board. Permits for construction
and uses which are a conditional use shall be issued only upon written
order of the Board of Commissioners.
An appeal or application for an amendment or variance from the
terms of this Chapter shall be filed with the Zoning Officer and shall
contain the following information:
1. The name and address of the applicant.
2. The name and address of the owner of the real estate to be affected
by such proposal.
3. A brief description and location of the real estate to be affected
by such proposal.
4. A statement of the present zoning classification of the real estate
in question, the improvements thereon and the present use.
5. A statement of the section of this Chapter under which the appeal
or application is filed and reasons why it should be granted or a
statement of the section of this Chapter governing the situation in
which the alleged erroneous ruling is being appealed and reasons for
the appeal.
6. An accurate description of the present improvements and the additions
intended to be made under this application, indicating the size and
use of such proposed improvements and general construction thereof.
In addition, there shall be attached a plot plan of the real estate
to be affected, as required to accompany applications for permits,
indicating the location and size of the lot and locations of improvements
now erected and proposed to be erected thereon.
In their interpretation and application, the provisions of this
Chapter shall be held to be minimum requirements, adopted for the
promotion of the public health, safety, morals or general welfare.
Whenever the requirements of this Chapter are at variance with the
requirements of any other lawfully adopted rules, regulations or ordinances,
or whenever the requirements of this Chapter are internally at variance,
the most restrictive, or that imposing the higher standard shall govern.
The board shall conduct hearings and made decisions in accordance
with the following requirements:
1. Public notice shall be given and written notice shall be given to
the applicant, the Zoning Officer 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 rules of the 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 hearings.
2. The first hearing before the board or hearing officer shall be commenced
within 60 days from the date of the applicant's application, unless
the applicant has agreed in writing to an extension of time. Each
subsequent hearing before the board or hearing officer shall be held
within 45 days of the prior hearing, unless otherwise agreed to by
the applicant in writing or on the record. An applicant shall complete
the presentation of their case-in-chief within 100 days of the first
hearing. Upon the request of the applicant, the board or hearing officer
shall assure that the applicant receives at least seven hours of hearings
within the 100 days, including the first hearing. Persons opposed
to the application shall complete the presentation of their opposition
to the application within the 100 days of the first hearing held after
the completion of the applicant's case-in-chief. An applicant may,
upon request, be granted additional hearings to complete their case-in-chief
provided the persons opposed to the application are granted an equal
number of additional hearings. Persons opposed to the application
may, upon the written consent or consent on the record by the applicant
and municipality, be granted additional hearings to complete their
opposition to the application provided the applicant is granted an
equal number of addition hearings for rebuttal.
3. 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, however, the
appellant or the applicant, as the case may be, in addition to the
Township, may, prior to the decision of the hearing, waive decision
or findings by the board and accept the decision or findings of the
hearing officer as final.
4. The parties to the hearing shall be the Township, any person affected
by the application who has made timely appearance of record before
the board, and any other person including civic or community organizations
permitted to appear by the board. The board shall have 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.
5. 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.
6. 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.
7. Formal rules of evidence shall not apply, but irrelevant, immaterial,
or unduly repetitious evidence may be excluded.
8. The 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 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 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.
9. 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 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 or his representative
unless all parties are given an opportunity to be present.
10. 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 within 45 days after the last hearing before the 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 the reasons therefor. Conclusions based on any provisions of this Chapter or of any law, 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 the hearing officer's decision or findings are final, the board shall make the hearing officer's report and recommendations available to the parties within 45 days and the parties shall be entitled to make written representations thereon to the 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. Except for challenges filed under § 916.1 of the Pennsylvania Municipalities Planning Code as reenacted and amended, where the board fails to commence, conduct or complete 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 the failure of the board to meet or render a decision as hereinabove provided, the board shall give public notice of the said decision within 10 days from the last day it could have met to render a decision in the same manner as provided in subsection
(1) of this Section. If the 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.
11. 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.
12. The Board of Commissioners shall establish, by resolution, fees with
respect to hearings before the zoning hearing board.
Where the Board of Commissioners, in this Chapter, has stated
special exceptions to be granted or denied by the board pursuant to
express standards and criteria, the board shall hear and decide requests
for such special exceptions in accordance with such standards and
criteria below:
1. The location of the use, including with respect to the existing or
future streets giving access to it, is in harmony with the orderly
and appropriate development for the district in which the use is to
be located.
2. The nature and intensity of the operations involved are in harmony
with the orderly and appropriate development of the district in which
the use is to be located.
3. The grant of the special exception shall not materially increase
traffic congestion on roads and highways, nor cause nor encourage
commercial or industrial traffic to use residential streets.
4. The applicant must meet all specific requirements for the specified
use in accordance with Part 21, herein.
5. In granting a special exception, the Board may attach such reasonable
conditions and safeguards, in addition to those expressed in this
Chapter, as it may deem necessary to implement the purposes of this
Chapter and the Pennsylvania MPC, Act of 1968, P.L. 805, No. 247 as
reenacted and amended.
Appeals raising the substantive validity of any land use ordinance
except those to be brought before the Board of Commissioners pursuant
to the Pennsylvania MPC, Act of 1968, P.L. 805, No. 247 as reenacted
and amended, procedural questions or alleged defects in the process
of enactment or adoption of a land use ordinance; or from the determination
of the Zoning Officer, including, but not limited to, the granting
or denial of any permit, or failure to act on the application therefor
the issuance of any cease and desist order or the registration or
refusal to register any nonconforming use, structure or lot; from
a determination by the Township engineer or the Zoning Officer with
reference to the administration of any flood plain or flood hazard
ordinance or such provisions within a land use ordinance; from the
determination of any officer or agency charged with the administration
of any transfers of development rights or performance density provisions
of this Chapter; from the determination of the Zoning Officer or Township
engineer in the administration of any land use ordinance or provision
thereof with reference to sedimentation and erosion control and storm
water management insofar as the same relate to development not involving
subdivision and land development or planned residential development
may be filed with the board in writing by the landowner affected,
any officer or agency of the Township, or any person aggrieved. Requests
for a variance and for special exception may be filed with the board
by any landowner or any tenant with the permission of such landowner.
In case any building, structure, landscaping or land is, or
is proposed to be, erected, constructed, reconstructed, altered, converted,
maintained or used in violation of this Chapter, the Board of Commissioners
or, with the approval of the Board of Commissioners, an officer of
the Township, or any aggrieved owner or tenant of real property who
shows that his property or person will be substantially affected by
the alleged violation, in addition to other remedies, may institute
any appropriate action or proceeding to prevent, restrain, correct
or abate such building, structure, landscaping or land, or to prevent,
in or about such premises, any act, conduct, business or use constituting
a violation. When any such action is instituted by a landowner or
tenant, notice of that action shall be served upon the Township at
least 30 days prior to the time the action is begun by serving a copy
of the complaint on the Board of Commissioners. No such action may
be maintained until such notice has been given.