[HISTORY: Adopted by the Zoning Hearing Board
of the Township of Lower Merion 2-10-1976; [1] amended in its entirety 9-16-2010. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 155.
[1]
Editor's Note: These rules are promulgated in accordance with the provisions of Section 906 of the Pennsylvania Municipalities Planning code (53 P.S. § 10906). Additional provisions pertaining to the establishment of the Zoning Hearing Board and its powers, duties and procedures may be found in Ch. 155, Zoning, Art. XXIII.
The Board adopts "Zoning Hearing Board of Lower Merion Township"
as its title.
The offices of the Board shall be in the Township Building,
75 East Lancaster Avenue, Ardmore, Pennsylvania.
The Board shall appoint a Secretary who will maintain the office
of the Board in the Township Building, 75 East Lancaster Avenue, Ardmore,
Pennsylvania. The Secretary shall have custody of the records and
papers of the Board. The Secretary of the Board shall not permit any
original records or papers to be taken from his custody except at
the direction of the Board or its Solicitor.
The Board shall use such agents, including a Solicitor, as are
authorized by the Township Commissioners.
A.
The meetings of the Board shall be held at the call of the Chairman
and at other times as the Board may determine. Normally the Board
will meet in the Township Building, 75 East Lancaster Avenue, Ardmore,
Pennsylvania.
B.
The ultimate authority to schedule cases rests with the full Board.
Subject to that authority:
(1)
Unless otherwise directed by the Chairman or the Board, the Secretary
shall schedule initial hearings in all cases.
(2)
The Secretary may grant a request from an applicant or appellant
who is the landowner of the property involved to postpone an initial
hearing if the request is received no later than two days before the
hearing and the applicant or appellant waives any right to insist
that the hearings commence within the times specified by the Municipalities
Planning Code. The Secretary may refer any such request to the Chairman.
(3)
The Chairman shall have the power to postpone or continue any hearing
at the request of an applicant or appellant or where, in his judgment,
weather or other conditions warrant that action.
Appeals to the Board shall be taken within 30 days after the
action which is the subject of the appeal. Such an appeal shall be
taken by filing with the Board a notice of appeal specifying the grounds
thereof.
A.
All appeals, applications for special exceptions and variances, or
challenges filed with the Board shall be submitted to the Secretary
of the Board, and each appeal, application or challenge shall state:
(1)
The name, address, contact phone number(s) and e-mail address of
the applicant.
(2)
The name, address, contact phone number(s) and e-mail address of
the owner of the real estate to be affected by the appeal or the proposed
special exception or the variance.
(3)
A brief description and location of the real estate affected by the
application or appeal.
(4)
A statement of the present zoning classification of the real estate
in question, the improvements thereon and the present use thereof.
(5)
A statement of the grounds for an appeal, application or challenge
and the section of the Lower Merion Code from or under which a variance,
or special exception is requested, and reasons why relief should be
granted. The Board may decline to consider any ground or reason for
relief which is not stated in the notice of appeal or application.
(6)
A reasonably accurate description of the present improvements and
the additions intended to be made under the appeal or application,
indicating the size and nature of any proposed improvements.
(7)
The number of witnesses who will give testimony and an indication
of the time necessary to present the applicant's case.
B.
In addition, there shall be attached five copies of a plot plan of
the property, prepared (except where otherwise authorized by the Zoning
Officer) by a registered engineer or land surveyor, indicating the
location and size of the lot and the size of improvements now erected
and proposed to be erected thereon. If the applicant's plans are larger
than 11 inches by 17 inches, the applicant must submit one set of
plans reduced to no larger than 11 inches by 17 inches. The applicant
should arrange to have additional plans available prior to or at the
meeting for potential protestants.
Before an application can be filed, the applicant must establish
to the satisfaction of the Zoning Officer that the applicant has such
an interest in the property as would enable the applicant, except
for the provisions of the Zoning Ordinance, to make the use of the
property requested by the applicant. The Zoning Officer may require
the production of the appropriate leases, deeds and other legal documents
in order to make this initial determination. Any person filing an
appeal from the issuance of a permit or permission shall include with
the appeal a statement showing that the appellant is aggrieved by
the action from which the appeal is taken.
A.
In all cases involving a challenge to the validity of any provision
of any ordinance, the person asserting the challenge shall file with
the Secretary of the Board and the Township Manager at least five
days prior to the hearing a memorandum listing:
B.
In other cases, briefs shall be furnished to the Board where their
filing has been requested by the Chairman of the Board.
C.
Where memoranda or briefs are required or permitted, five copies
shall be filed with the Board and a copy shall be served upon opposing
parties or their representative, if their identity is known to the
person filing the memorandum or brief.
D.
Memoranda and briefs shall be available for inspection by interested
parties at the office of the Secretary of the Board. The Board may
refuse to accept any evidence offered without compliance with this
rule.
All exhibits shall be in a form that can be folded to dimensions
of eight inches by 10 1/2 inches. Nothing in this rule shall
prevent a party from mounting a copy of an exhibit to facilitate its
use at the hearing. Where a model or similar exhibit is used at the
hearing, a photograph shall be used as the exhibit for record purposes.
Hearings in cases involving expert evidence are impeded if opposing
parties first receive expert reports during the hearing at which the
evidence is offered. Any party wishing to present expert evidence
at a hearing shall file a copy of any report prepared by the expert
with the Secretary of the Board at least 48 hours prior to the hearing.
In addition, if the identity of counsel of any other party is known,
a copy of the report shall be sent to such counsel so that it is received
at least 24 hours prior to the hearing. All such reports shall be
available for inspection at the offices of the Board. The Board may
exclude any evidence offered without compliance with this rule.
The parties to a preceding before the Board shall be limited
to:
A.
The applicant or appellant;
B.
The Township; and
C.
Any person, including civic or community organizations, affected
by the application, appeal or challenge shall both attend the hearing
personally or through counsel and enter an appearance on a form provided
by the Board. Persons who attend the hearing but do not file the appearance
form shall not be deemed to be parties to the proceeding.
A.
The notice requirements for an initial zoning hearing are specified
in the applicable statutes and the Lower Merion Code. In the case
of hearings other than the initial hearing, notice should be given
as follows:
(1)
The Board generally will announce the time and place of a second
or later hearing at which evidence or oral argument is presented (a
"continued hearing") at a hearing in the same matter.
(2)
Where notice of a continued hearing is not given under Subsection (1), written notice of any continued hearing should be given to counsel of record and to persons shown by the file to have entered their appearances in the matter, or who have requested in writing that they receive notices of the hearing involved. Notice of continued hearings should be posted at the office of the Board and any notice required by 65 P.S. § 279(c) should be given to persons who have provided stamped, addressed envelopes for that purpose.
(3)
Notice of executive sessions will be announced at an open hearing or will be given as provided in Subsection A(4).
(4)
Continued hearings and executive sessions generally will be
the subject of a single newspaper advertisement where time permits.
B.
The Board may waive any requirement under this rule if the notice
actually given meets any applicable and mandatory requirements of
law and is sufficient to give reasonable notice of the hearing or
meeting.
The Board, may, upon request, authorize or direct the Zoning
Officer to issue or deny a permit if in its opinion the issuance or
denial of such permit is authorized or required by the ordinance.
In such cases no public hearing will be held unless an appeal from
the issuance or denial of a permit is taken as provided in these rules.
All decisions of the Board shall be filed with the Secretary
of the Board and be matters of public record. Notice of such decisions
will be given to parties who, either personally or through counsel,
make a written request that such notice be given them.
The Board may, on its own motion or upon timely request of any
party in interest, amend any of its decisions in whole or in part.
Any member of the Board or the Board's Solicitor will disqualify
himself from participating in the hearing or disposition of any application
or appeal if such member or the Solicitor considers that he is personally
interested in the outcome of the application or appeal.
Any power granted to the Chairman by law or under these rules
may be exercised by the Vice Chairman or Senior Board member if the
Chairman is unavailable or disqualified from participating in the
particular matter.
[Amended 2-26-2020 by Ord. No. 4184]
A.
Video, image and sound recording devices may be operated at meetings of the Board held pursuant to Lower Merion Code § 155-11.1, subject to the following conditions:
(1)
All such devices must be operated behind the last row of the
meeting room in which attendees are seated or in the open area to
the west side of the Board's seating area;
(2)
All such devices must not hinder the public's viewing of the
meeting or movement around the meeting room, must not disrupt the
meeting or interfere with the public's hearing of the meeting and
must not compromise the safety of persons in attendance;
(3)
No lighting or flash equipment may be used; and
(4)
Operators of such devices may not move around the meeting room
while recording, and devices may not be plugged into any electrical
outlet in the meeting room or elsewhere in the building.
B.
Video, image and sound recording devices may not be operated during the course of hearings conducted by the Board pursuant to Sections 908 and 909.1 of the Municipalities Planning Code (53 P.S. §§ 10908 and 10909.1) and Lower Merion Code § 155-11.2I; provided, however, that the Board's stenographer taking the notes of testimony may use a sound recording device.
These rules shall be broadly construed in order to give the
Board the maximum discretion which it is authorized to exercise.
These rules may be amended or rescinded at any time by a majority
of the Board.
