Within the limits of funds appropriated by the Board of 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 may receive compensation for the performance of their duties, as may be fixed by the Board of Supervisors, but in no case shall it exceed the rate of compensation authorized to be paid to the members of the Board of Supervisors. Alternate members of the Board may receive compensation, as may be fixed by the Board of Supervisors, for the performance of their duties when designated as alternate members pursuant to §
270-227 of this chapter, but in no case shall such compensation exceed the rate of compensation authorized to be paid to the members of the Board of Supervisors.
The Zoning Hearing Board shall conduct hearings and make decisions
in accordance with the following requirements:
A. Public and written notices. Public notice shall be given and written
notice shall be given to the applicant, the Township Zoning Officer,
such other persons as the Board of Supervisors shall designate by
ordinance and to any person who has made timely request for same.
Written notices shall be given at such time and in such manner as
shall be prescribed 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. Fees. The Board of Supervisors may prescribe reasonable fees with
respect to hearings before the Zoning Hearing Board. Fees for said
hearings may include compensation for the secretary and members of
the Zoning Hearing Board, notice and advertising costs and necessary
administrative overhead connected with the hearing. The costs, however,
shall not include legal expenses of the Zoning Hearing Board, expenses
for engineering, architectural or other technical consultants or expert
witness costs.
C. Conduct of hearing. The hearings shall be conducted by the Zoning
Hearing 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 Zoning Hearing 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
Zoning Hearing Board and accept the decision or findings of the hearing
officer as final.
D. Parties. The parties to the hearing shall be West Manheim 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.
E. Powers. 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.
F. Parties' right of representation. 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.
G. Rules. Formal rules of evidence shall not apply, but irrelevant,
immaterial, or unduly repetitious evidence may be excluded.
H. Record. 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 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.
I. Communication. 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 a 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.
J. Decisions. 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 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 within 45 days, 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 Subsection
A of this section. If the Board shall fail to provide such notice, the applicant may do so. Nothing in this section shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.
K. Notification of decision. 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. To all other persons who have
filed their name and address with the Zoning Hearing Board no 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.
The Zoning Hearing Board shall have exclusive jurisdiction to
hear and render final adjudications in the following matters:
A. Substantive validity challenge. Substantive challenges to the validity of this chapter, except those brought before the Board of Supervisors pursuant to §
270-241A, Procedure for landowner curative amendments, and §
270-231A(2).
B. Appeals from the determination of the Zoning Officer. Appeals 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.
C. Appeals from the determination of flood hazard or floodplain provisions.
Appeals from a determination by the Township Engineer or the Zoning
Officer with reference to the administration of any floodplain or
flood hazard provisions within this chapter.
D. Variances. Applications for variances from the terms of this chapter and the flood hazard provisions within this chapter, herein Part
6, Article
XI, Floodplain Protection Overlay District.
E. Special exceptions. Applications for special exceptions under this chapter or floodplain or flood hazard provisions within this chapter, herein Part
6, Article
X, Natural Features Overlay District.
F. Appeals from the preliminary opinion of the Zoning Officer. Appeals
from the Zoning Officer's determination of preliminary opinion pursuant
to Section 916.2 (and any subsequent amendments) of the MPC.
G. Appeals from the determination of erosion and sedimentation and stormwater management. Appeals from the determination of the Zoning Officer or Township Engineer in the administration of any provision of this chapter with reference to sedimentation and erosion control and stormwater management insofar as the same relate to development not involving Chapter
235, Subdivision and Land Development, or planned residential development applications.
The Zoning Hearing Board shall hear and decide requests for appeals of the Zoning Officer and/or the Township Engineer pursuant to §
270-230B,
C,
F and
G of this chapter.
Parties appellant before the Zoning Hearing Board may be anyone
as identified in Section 913.3 of the MPC, as amended. Parties to the hearing shall be the municipality and those
persons identified in Section 908(3) of the MPC, as amended.
Any person, taxpayer, or the Township aggrieved by any decision of the Zoning Hearing Board may within 30 days after such decision of the Zoning Hearing Board, seek review by the Court of Common Pleas of such decision in the manner described in §
270-242 of this chapter, by the laws of the Commonwealth of Pennsylvania and Article X-a (and any subsequent amendments) of the MPC.