[Ord. 3/13/1995; as amended by Ord. 2011-01, 1/3/2011]
1. Parties
Appellant Before Zoning Hearing Board. Appeals from a decision of
the Zoning Officer and proceedings to challenge the validity of this
Chapter may be filed with the Zoning Hearing Board in writing by the
landowner affected, any officer or agency of the Township, or by any
person aggrieved. Requests for a variance must be filed with the Zoning
Hearing Board by any landowner or an authorized agent of such landowner.
2. Time
Limitations. No person shall be allowed to file any proceeding with
the Zoning Hearing Board later than 30 days after an application for
development, whether preliminary or final, has been approved by an
appropriate Township officer, agency, or body if such proceeding is
designed to secure reversal or to limit the approval in any manner,
unless such person alleges and proves that he had no notice, knowledge,
or reason to believe that such approval had been given.
3. Applications
Required. All requests and appeals made to the Zoning Hearing Board
shall be in writing and in such form as may be prescribed by the Zoning
Officer. Every appeal or request shall refer to a specific provision
of this Chapter and shall exactly set forth the interpretation that
is claimed or shall include the plans or the details of the variance
that is applied for, in addition to the following information:
A. The
name and address of the applicant or appellant.
B. The
name and address of the owner of the parcel to be affected by such
proposed change or appeal.
C. A brief
description and location of the parcel to be affected by such proposed
change or appeal.
D. A statement
of the present zoning classification of the parcel in question, the
improvements thereon and the present use thereof.
E. A reasonably
accurate description of the present improvements and the additions
or changes intended to be made under this application, indicating
the size of such proposed improvements, material and general construction
thereof. In addition, there shall be attached a plot plan of the property
to be affected, indicating the location and size of the lot and size
of improvements thereon and proposed to be erected thereon.
4. Procedure
for Zoning Officer.
A. The
notice of appeal in any case where a permit has been granted or denied
by the Zoning Officer shall be prescribed by the Zoning Hearing Board
under general rule after notice of such action granting or denying
the permit has been mailed to the applicant. The Zoning Officer shall
then immediately transmit to the Zoning Hearing Board all papers constituting
the record from which the appealed action was taken or in lieu thereof,
certified copies of said papers.
B. It shall
be acceptable for the Zoning Officer to recommend to the Zoning Hearing
Board a modification or reversal of his action in cases where he believes
substantial justice requires the same but where he does not have sufficient
authority to grant the relief sought.
5. Hearings
Required and Notice of Hearings. The Zoning Hearing Board, before
rendering a decision, shall hold hearings on any appeal, interpretation,
variance, challenge or other matter requiring the Zoning Hearing Board’s
decision or other official action. Upon the filing of an appeal or
application request with the Zoning Hearing Board, the Board shall,
within 60 days of receipt of the application, fix a reasonable time
and place for and hold a public hearing thereon, giving notice as
follows:
A. Publish public notice in accordance with the definition of “public notice” in Part
16 of this Chapter.
B. Post
in a conspicuous place on the property involved a written notice of
the pending hearing and action; such notice shall take place at least
seven days prior to the public hearing.
C. Give
written notice to the applicant, the Zoning Officer, the Township
Secretary, Secretary of the Township Planning Commission, and to any
person who has made a timely request for the same, at least seven
days prior to the hearing. (Where the Zoning Hearing Board is requesting
comments on an application from the Township Planning Commission,
the Planning Commission shall be given notice at least 30 days prior
to the hearing.)
D. In the
case of an appeal or a request for a variance, all adjacent property
owners within 300 feet of the nearest line of the property for which
the variance is sought shall be given written notice at least seven
days prior to the hearing.
6. Rules
of Conduct. The Zoning Hearing Board shall adopt rules in accordance
with the provisions of this Chapter and Title IX of the Pennsylvania
Municipalities Planning Code, as amended, 53 P.S. §10901 et seq.
Meetings of the Zoning Hearing Board shall be held at the call of
the chairman and at such other times as the Zoning Hearing Board may
determine. Such chairman or in his absence, the acting chairman, may
administer oaths and compel the attendance of witnesses. Irrelevant,
immaterial or unduly repetitious evidence may be ruled out of order
and excluded from the hearing record. All hearings and meetings of
the Zoning Hearing Board shall be open to the public. The Zoning Hearing
Board shall keep a stenographic record of the hearing proceedings.
Minutes shall be kept of all other meetings and shall show the vote
of each member upon each question or if absent or failing to vote,
indicate such fact. Such records shall be public and shall be kept
on file with the Township Secretary. A report of the Zoning Hearing
Board’s activities shall be submitted to the Township Supervisors
once each year. A quorum of two Board members shall be required for
the Zoning Hearing Board to take action.
7. Decisions.
The Zoning Hearing Board shall render a written decision or, when
no decision is called for, make written findings on any application
brought before them within 45 days after the date of the last hearing
on said application. Every decision of the Zoning Hearing Board shall
be based on stated findings of fact and every finding of fact shall
be supported in the record of the hearing. The enumerated conditions
required to exist for the authorization of a variance shall be construed
as limitations of the power of the Zoning Hearing Board to act. A
mere finding or recitation of the enumerated conditions, unaccompanied
by findings of specific fact, shall not be deemed findings of fact
and shall not be deemed compliance with this Chapter. In exercising
the above-mentioned powers, the Zoning Hearing Board may, in conformity
with the provisions of this Part, reverse or affirm, wholly or partly,
or may modify the order, requirement, decision or determination appealed
from and may make such order, requirement, decision or determination
as it feels appropriate. A copy of the final decision or findings
must be delivered to the applicant personally or must be mailed to
him not later than the day following its date. All other persons interested
in the result, who filed their name and address with the Board not
later than the last day of the hearing, shall be provided with a brief
notice of the decision or findings and a statement indicating where
the full decision may be examined.
8. Expiration
of Appeal Decision. Unless otherwise specified by the Zoning Hearing
Board, a decision on any appeal or request shall expire if the applicant
fails to obtain any necessary zoning permit or comply with the conditions
of said authorized permit within six months from the date of authorization
thereof.
9. Required
Interval for Hearings on Applications and Appeals after Denial. Whenever
the Zoning Hearing Board, after hearing all the evidence presented
upon an application or appeal under the provisions of this Chapter,
denies the same, the Zoning Hearing Board shall refuse to hold further
hearings on the same or substantially similar application or appeal
by the same applicant, his successor or assign for a period of one
year, except and unless the Zoning Hearing Board shall find and determine
from the information supplied by the request for a rehearing, that
changed conditions have occurred relating to the promotion of the
public health, safety, convenience, comfort, prosperity and general
welfare and that a reconsideration is justified. Such rehearing would
be allowable only upon a motion initiated by a member of the Zoning
Hearing Board and adopted by the unanimous vote of the members present,
but not less than a majority of all members.
10. Failure
to Hold Required Hearing or Render Decision. If the Zoning Hearing
Board fails to hold the required hearing or fails to render a decision
within the prescribed time period, a decision shall be automatically
rendered in favor of the applicant. However, the applicant may agree
in writing or on the record to an extension of time. When a decision
is rendered in favor of the applicant due to a violation of the established
time requirements, the Zoning Hearing Board must give public notice
of this decision within 10 days from the last day it could have met
to render a timely decision. If the Board shall fail to provide such
notice, the applicant may do so.
11. Stay
of Proceedings. An appeal to the Zoning Hearing Board shall automatically
stop all affected land development. However, if the Zoning Officer
or other appropriate agency certifies to the Zoning Hearing Board
that such a halt could cause an imminent danger to life or property,
then development may only be stopped by a restraining order granted
by the Zoning Hearing Board or by the court having jurisdiction, on
petition, after notice to the Zoning Officer and any other appropriate
agency.
12. Appeals.
Any person aggrieved by any decision of the Zoning Hearing Board may
appeal therefrom within 30 days to the Court of Common Pleas of Lycoming
County pursuant to the procedures established in Article X-A of the
Pennsylvania Municipalities Planning Code, 53 P.S. §§11001-A
through 11006-A, or as may hereafter be amended.