[Ord. No. 762, 5/7/2020]
The Board shall hear and decide 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. These
appeals must be filed within 30 days of the date the decision is rendered
by the Zoning Officer, and all appeals shall be on forms prescribed
by the Zoning Hearing Board, accompanied by the requisite fees. All
appeals shall refer to the specific provisions of this chapter involved.
[Ord. No. 762, 5/7/2020]
The Board shall hear challenges to the validity of this chapter
or map, except as indicated in the Pennsylvania Municipalities Planning
Code, Act 247, Sections 1003 and 1004(1)(b). In all such challenges, the Board shall take evidence and make a record thereon as provided in §
27-2601. At the conclusion of the hearing, the Board shall decide all contested questions and shall make findings on all relevant issues of fact which shall become part of the record to the court.
[Ord. No. 762, 5/7/2020]
Appeals raising the substantive validity of any land use ordinance
(except those to be brought before the Board of Supervisors pursuant
to the Pennsylvania Municipalities Code) or 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; or from a determination by the Township Engineer
or the Zoning Officer with reference to the administration of any
floodplain or flood hazard ordinance or such provisions within a land
use ordinance; or 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; or 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 stormwater management insofar as the same
relate to development not involving subdivision and land development
or planned residential development may be filed with the Zoning Hearing
Board, in writing, by the landowner affected, any officer or agency
of the Township, or any person aggrieved. Requests for a variance
and for a special exception may be filed with the Board by any landowner
or any tenant with the permission of such landowner.
[Ord. No. 762, 5/7/2020]
The applicant for any hearing before the Zoning Hearing Board
shall, at the time of making application, pay to the Zoning Officer,
for the use of the Township, a fee in accordance with a fee schedule
adopted by resolution of the Township Supervisors upon enactment of
this chapter or as such schedule may be amended from time to time.
[Ord. No. 762, 5/7/2020]
Unless otherwise specified by the Board, a permit, special exception
or variance shall expire if the applicant fails to obtain a building
permit or a use and occupancy permit, as the case may be, within 18
months from the date of granting thereof. Further, within 18 months
from the date of issuance of a building permit or a use and occupancy
permit by the Zoning Officer or the granting of a permit, special
exception or variance by the Board, substantial construction of the
proposed building, addition or alteration or such other activity as
was contemplated or appropriate under the permit or order of the Board
must be completed or taken; otherwise, said permit, special exception
or variance shall expire and the land or building which was the subject
of the permit issued by the Zoning Officer by the order of the Board
shall revert to its former status.