Township of Lower Merion, PA Article XIII Hearing Examiner

[Added 11-16-1994 by Ord. No. 3372]

§ 5-85 Appointment; term; responsibilities.

A. The Board of Commissioners shall appoint a person to serve as a Hearing Examiner to serve for a term of four years. Such person shall not hold any elective office in the Township and shall serve without compensation.

B. An appeal from a decision, action, order or requirement of the Director of Building and Planning, Chief Fire Officer, the Director of Public Works or the Sewage Enforcement Officer not otherwise required to be taken to the Zoning Hearing Board shall first be heard by the Hearing Examiner, unless the committee of the Board of Commissioners to which the appeal must be taken elects to hear the appeal itself.

[Amended 1-19-2002 by Ord. No. 3631]

C. The Township Solicitor shall be an advisor to the Hearing Examiner with respect to matters of law.

D. The Hearing Examiner shall not hear an appeal in which that person has any personal, professional or financial interest.

E. The Hearing Examiner shall file an annual report of proceedings with the Board of Commissioners.

§ 5-86 Form of application.

A. All applications for appeal shall be filed with the Secretary of the Board of Commissioners and shall state:

(1) The name and address of the appellant and the name and address of appellant's counsel, if applicable.

(2) A statement of the section of the Code under which the applicant is appealing a decision and the reasons why it should be granted. The Township may decline to consider any grounds or reason for the relief sought which is not stated in the notice of appeal or application.

B. The application for appeal shall be accompanied by copies of any written directive from which the appeal is taken and by the payment of a fee.

§ 5-87 Appeals and hearings.

A. An application for appeal shall be based on a claim that the true intent of the Township Code or the rules and regulations adopted thereunder have been incorrectly interpreted, the provisions of the Township Code do not fully apply or an equivalent method of operation or construction should be used. The burden of proof thereof shall be on the appellant.

B. Upon the filing of an appeal the Hearing Examiner shall fix a reasonable time and place for a public hearing thereon and shall give notice thereof as follows:

(1) By publishing a notice thereof once in a newspaper of general circulation published in the Township.

(2) By mailing due notice thereof to the parties in interest.

C. All hearings before the Hearing Examiner shall be open to the public. The appellant, the appellant's representative, the Township official whose decision is being challenged and any person whose interests are affected shall be given an opportunity to be heard. All testimony shall be sworn and stenographically recorded. However, the customary rules of evidence shall not apply.

§ 5-88 Prehearing memoranda; briefs.

A. Memoranda. In all cases involving a challenge to the validity of any provision of any ordinance, the person asserting the challenge shall file with Township Secretary at least five days prior to the hearing a memorandum listing:

(1) The witnesses who will be called, describing the substance of their testimony.

(2) The legal authorities which support the challenge.

B. Briefs shall be furnished to the Hearing Examiner where their filing has been requested.

C. Where memoranda or briefs are required or permitted, four copies shall be filed with the Hearing Examiner and a copy shall be served upon opposing parties or their representatives if their identity is known to the party filing the memorandum.

§ 5-89 Powers and duties.

A. Within 45 days after the conclusion of the hearing thereon, the Hearing Examiner shall render a written report to the Board of Commissioners or the committee, commission or board thereof charged with making a final determination of the appeal. The report shall contain findings of fact, conclusions of law and a discussion of the issues involved. A copy of the report shall be provided to the parties.

B. The Board of Commissioners or the committee, commission or board thereof may hear exceptions to the examiner's report and may uphold, modify or reverse the decision of the Township official, adopting all or any part of the report of the Hearing Examiner.