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.
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.
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.
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.
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:
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.
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:
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.
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.
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.