A Zoning Hearing Board is established in order that the objectives
of this chapter may be fully and equitably achieved and that a means
for interpretation of this chapter be provided.
Any Board member may be removed for malfeasance, misfeasance
or nonfeasance in office or for other just cause by a majority vote
of the Board of Supervisors, taken after the member has received 15
days' advance notice of the intent to take such a vote. A public hearing
shall be held in connection with the vote if the member shall request
it in writing.
Any person aggrieved by a decision of the Zoning Officer shall
have the right to appeal to the Zoning Hearing Board within 30 days
of such decision by filing with the Zoning Officer, specifying the
grounds thereof. Such appeal may involve the interpretation of any
provisions of this chapter, and shall include the following information.
A. The name and address of the applicant or appellant.
B. The name and address of the owner of the lot to be affected by such
proposed change or appeal.
C. A brief description and location of the lot to be affected by such
proposed change or appeal.
D. A statement of the present zoning classification of the lot in question,
the improvements thereon and the present use thereof.
E. A statement of the section of this chapter under which the appeal
is made 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 the reasons for this appeal.
F. A reasonably accurate description of the present improvements and
the addition or changes intended to be made under this application,
indicating the size, material and general construction thereof. In
addition, there shall be attached a plot plan of the real property
to be affected, indicating the location and size of the lot and size
of improvements existing thereon and proposed to be erected thereon.
The Zoning Hearing Board shall adopt rules in accordance with
the provisions of this chapter. Such rules shall include, but shall
not be limited to, the manner of filing appeals, the manner of filing
applications for special exceptions and variances from the terms of
this chapter, and the manner of giving notice of public hearing where
required under the terms of this chapter.
Meetings of the Zoning Hearing Board shall be held at the call
of the Chairperson and at other times as the Zoning Hearing Board
may determine. The Chairperson, or, in his absence, the Vice Chairperson,
may administer oaths and compel the attendance of witnesses. All meetings
of the Board shall be kept open to the public.
Upon the filing with the Zoning Hearing Board of an appeal or
an application for which a public hearing is required, the following
procedures shall be followed.
A. Public notice shall be given as required by the State Municipalities
Planning Code. Written notice of the hearing shall be mailed or delivered
to the applicant, the Zoning Officer, and to any other person who
has made timely request for notice. Written notice of said hearing
shall be conspicuously posted on the affected tract of land at least
one week prior to the hearing. The Township shall also endeavor to
mail or deliver advance notice to the last known owners of immediately
adjoining lots. However, failure to provide such notice shall not
be grounds for an appeal of a decision by the Zoning Hearing Board.
B. The hearing shall be held within the time limits established by the
State Municipalities Planning Code, unless the applicant has agreed in writing to an extension
of time.
C. The Board shall render a written decision or written findings on
the application within the time limits established by the State Municipalities
Planning Code, unless the applicant has agreed in writing to an extension
of time.
D. 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
the Pennsylvania Municipalities Planning Code, this chapter, or other rule or regulation shall contain
a reference to the provisions relied on and the reasons why the conclusions
are deemed appropriate in the light of the facts found. When a decision
has been rendered in favor of the applicant, the Board shall give
public notice of said decision within 10 days from the last day it
could have met to render a decision. If the Board shall fail to provide
such notice, the appellant 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.
E. A copy of the final decision, or, where no decision is called for,
the findings shall be delivered to the applicant personally or mailed
to him not later than the day following the date of the decision.
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.
The Board of Supervisors shall from time to time make rules and regulations in order to facilitate the administration of matters before the Zoning Hearing Board. See also §
200-70 regarding fees.
Any person aggrieved by any decision of the Zoning Hearing Board
may, within 30 days after such decision of the Board, file an appeal
to the Court of Common Pleas of Northampton County. Such appeals shall
be made in accordance with Article X-A of the Pennsylvania Municipalities
Planning Code.
Upon filing of any proceedings and during its pendency before
the Board, all land development pursuant to any challenged ordinance,
order or approval of the Zoning Officer or any agency or body, and
all official action thereunder, shall be stayed in accordance with
Section 915.1 of the Pennsylvania Municipalities Planning Code.