The Borough Council of Schwenksville Borough shall appoint a
Zoning Hearing Board consisting of three members. The word "Board"
when used in this article shall mean the Zoning Hearing Board. Two
additional alternate members may be appointed at the pleasure of Borough
Council.
The Board shall conduct hearings and make decisions in accordance
with the following requirements:
A. Notice shall be given to the public, the applicant, the Borough Planning
Commission, the Borough Engineer, the Borough Secretary, the Borough
Zoning Officer, to any person who has made timely request for the
same, to all property owners on the same street within 500 feet and
not on the same street within 150 feet of the affected property, and
shall be conspicuously posted on the affected tract of land.
1. Written notice of the hearing shall be given by mail, as well as
conspicuously posted on the affected tract of land at least one week
prior to the hearing, and public notice shall be published once each
week for two successive weeks in a newspaper of general circulation
in the Borough. Such notice shall state the time and place of the
hearing and the particular nature of the matter to be considered at
the hearing. The first publication shall not be more than 30 days
and the second publication shall not be less than seven days from
the date of the hearing.
2. The notice herein required shall state the location of the building
or lot and the general nature of the question involved but shall be
sufficient to provide adequate notice of all questions to be considered.
Notice to the County Planning Commission, the Borough Planning Commission,
the Borough Engineer and the Borough Zoning Officer shall include
a copy of the plot plan, if any filed.
B. The hearings shall be conducted by a quorum of the Board. The decision,
or where no decision is called for, the findings shall be made by
the Board, but the parties may waive decision or findings by the Board.
C. The parties to the hearing shall be the Borough and any person affected
by the application who has made timely appearance of record before
the Board and any other person including civil or community organizations
permitted to appear by the Board.
D. 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.
E. 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.
F. Formal rules of evidence shall not apply, but irrelevant, immaterial,
or unduly repetitious evidence may be excluded.
G. The Board or the hearing officer, as the case may be, shall keep
stenographic records of the proceedings, and a transcript of the proceedings
and copies of graphic or written material received in evidence shall
be made available to any party at cost.
H. 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 communications,
reports, staff memoranda, or other materials 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.
I. 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.
1. Each decision shall be accompanied by findings of fact and conclusions
based thereon, together with the reasons therefor.
2. Conclusions based on any provisions of Act 247, the Pennsylvania
Municipalities Planning Code or of any 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.
3. If the hearing is conducted by a hearing officer, and there has been
no stipulation that his decision or findings are final, the Board
shall make his report and recommendations available to the parties
and the parties shall be entitled to make written representatives
thereon to the Board prior to final decision or entry of findings,
and the Board's decision shall be entered no later than 45 days after
the decision of the hearing officer.
4. All extensions of the 45 days must be in writing signed by the applicant.
J. 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.
1. 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.
2. It shall be the duty of the Secretary of the Zoning Hearing Board
to arrange for the mailing of the notices and decisions in each case.
The Board shall hear and decide appeals where it is alleged
by the appellant that the Zoning Officer has failed to follow prescribed
procedures or has misinterpreted or misapplied any provision of a
valid ordinance or map or any valid rule or regulation governing the
action of the Zoning Officer.
The Board shall hear challenges to the validity of a zoning ordinance or map except as indicated by Act 247. In all such challenges, the Board shall take evidence and make a record thereon as provided in §
176-2203. At the conclusion of the hearing, the Board shall decide all contested questions of interpretation and shall make findings on all relevant issues of fact which shall become part of the record on appeal to the court.
Unless otherwise specified by the Board, a special exception,
variance or reasonable accommodation shall expire and lapse six months
after the date of its grant if the applicant fails to obtain a building
permit to effect such variance, special exception or reasonable accommodation
or commence the use specified in the Board's decision on the appeal.
Any person aggrieved by any decision of the Board or any resident,
taxpayer, officer, council member or the Borough may, within 30 days
after any decision of the Board, appeal said decision to the Court
of Common Pleas of Montgomery County by zoning appeal as prescribed
or authorized by law.