The Board shall conduct hearings and make decisions
in accordance with the following requirements:
A. The Board shall fix a reasonable time and place for
public hearings and shall give notice thereof as follows:
(1) By giving public notice thereof, as defined by this
chapter.
(2) By providing, by certified mail a written notice thereof
to the applicant at least 14 days before the date fixed for the hearing.
(3) By mailing written notice thereof to the Zoning Officer,
the Township Secretary, each member of the Board of Supervisors, each
member of the Planning Commission, the Secretary of the Chester County
Planning Commission, and to all persons or organizations who shall
have registered their names and addresses for this purpose with the
Board and paid the appropriate mailing fee, if any. The Board of Supervisors
may fix an annual fee for provision of notices to such registered
persons or associations.
[Amended 5-9-2011 by Ord. No. 1-2011]
(4) By posting the written notice of said hearing in a
conspicuous location on the affected tract of land, at least one week
prior to the hearing.
(5) When the Board shall so order, by mailing a notice
thereof to the owner, if his residence is known, or to the occupier
of every lot on the same street or road within 1,000 feet of the lot
or building in question, or every lot not on the same street or road
but within 150 feet of the lot or building in question; provided that
failure to give the notice required by this subsection shall not invalidate
any action taken by the Board.
(6) The notice herein required shall state the location
of the lot or building in question and the general nature of the question
involved, as well as the date, time and place of the hearing.
B. The hearings shall be conducted by the Board, or the
Board may appoint any member or an independent attorney as a hearing
officer. Hearings shall be scheduled in accordance with Section 908(1.2)
of the Municipalities Planning Code. The decision or, where no decision is called for, the
findings shall be made by the Board, but the parties may waive the
decision or findings by the Board and accept the decision or findings
of the hearing officer as final.
[Amended 11-28-2005 by Ord. No. 3-2005]
C. The parties to the hearing shall be the Township,
any person affected by the application who has made timely appearance
of record before the Board, and any other person, including civic
or community organizations, which the Board permits to appear as a
party. The Board shall have power to require that all persons who
wish to be considered parties enter appearances in writing on forms
provided by the Board for that purpose.
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 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. A stenographic record of the proceedings shall be
made by a court reporter. The appearance fee for the court reporter
shall be shared equally by the applicant and the Board. Any party
requesting the original transcript or a copy of the transcript shall
bear the cost of same. Copies of graphic or written material received
in evidence shall be made available to any party at cost.
H. Once an application has been duly filed, 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 communication, reports, staff memoranda,
or other materials, except advice from the solicitor, unless the parties
are afforded an opportunity to contest the material so noticed; and
shall not inspect the site or its surroundings 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. Each decision
shall be accompanied by findings of fact and conclusions based thereon,
together with the reasons therefor. Conclusions based on any provisions
of this chapter or of any act, rule or regulation shall contain a
reference to the provisions relied on and the reasons why the conclusion
is deemed appropriate in the light of the facts found. 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 within 45 days,
and the parties shall be entitled to make written representations
thereon to the Board prior to final decision or entry of findings,
and the Board's decision shall be entered no later than 30 days after
the report of the hearing officer. Where the Board, or the hearing
officer with power to render a decision, fails to render a decision
within the period required by this subsection, the decision shall
be deemed to have been rendered in favor of the applicant unless the
applicant has agreed in writing or on the record to an extension of
time.
J. A copy of the final decision or, where no decision
is called for, the findings shall be delivered to the applicant personally
or mailed to him by certified mail not later than the day following
its date. To all other persons who have filed their name and address
with the Board no 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 the full decision or findings
may be examined. Copies of the decision or findings provided the applicant
shall also be filed with the Township Secretary, Planning Commission,
and Zoning Officer.
[Amended 5-9-2011 by Ord. No. 1-2011]
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 any provisions
of a valid ordinance or map or any valid rule or regulation governing
the action of the Zoning Officer, as stipulated under the terms of
Section 909.1(a) of the Municipalities Planning Code. In addition, the Board shall hear all other matters authorized
by Section 909.1 of the Municipalities Planning Code.
The Board shall hear any substantive challenge to the validity of this chapter or the Zoning Map, except a challenge brought before the Board of Supervisors under the terms of Section 609.1 or Section 916.1(a)(2) of the Municipalities Planning Code. The Board also shall hear any challenge to the validity of this chapter raising procedural questions or alleged defects in the process of enactment or adoption, where such a challenge is raised by an appeal taken within 30 days after the effective date of the ordinance. In all such challenges, the Board shall take evidence and made a record thereon as provided in §
250-74. At the conclusion of the hearing, the Board shall decide all contested questions of interpretation and shall made findings on all relevant issues of fact, which shall become part of the record on the appeal to court.
[Amended 11-28-2005 by Ord. No. 3-2005]
Challenges to the validity of the planned residential development provisions of Article IV of this chapter, and appeals from any action of the Zoning Officer thereunder, shall be governed by §
250-75 of this article. When the Board of Supervisors, however, has held a hearing upon an application for planned residential development, such hearing shall be deemed in lieu of a hearing by the Board provided for under §
250-75, and appeal from any decision or determination of the Board of Supervisors (including a challenge to the validity of any provision of such chapter) shall lie directly to the court.
[Amended 11-28-2005 by Ord. No. 3-2005]
Where this chapter has stated special exceptions to be granted or denied by the Board pursuant to express standards and criteria, the Board shall hear and decide requests for such special exceptions in accordance with such standards and criteria. In granting a special exception, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in the chapter, as it may deem necessary to implement the purposes of this chapter. The procedures for acting on a special exception request shall be the same as those specified for variances under §
250-78, except that the findings contained in §
250-78A(5)(a) shall not be applicable.
A. Application shall be made in writing, indicating the
section of this chapter under which an exception is sought. The application
shall include a reasonable exact, dimensional sketch showing the placement
and use of the proposed buildings and details or parking, loading,
lighting, utility systems, sidewalks, and other pedestrian areas.
B. Further, a description of the uses proposed shall
be included in sufficient detail that potentially detrimental impacts,
if any, can be determined.
C. The Board shall hear and decide all requests for special
exceptions, as identified within this chapter, and shall review all
applications for specific compliance with the following objective
standards and criteria and with all other applicable requirements
of this chapter. In seeking approval for a special exception, the
applicant shall demonstrate that, if granted, the requested use or
activity will not result in unduly or unusually negative impacts beyond
those normally associated with such a use or activity.
(1) Suitability of the tract. Demonstration by the applicant
of the suitability of the proposed tract, including, as applicable,
environmental conditions, highway access, means of sewage disposal,
and water supply, and demonstration by the applicant of the extent
to which the proposed use is susceptible to regulatory restriction
through the imposition of appropriate conditions.
(2) Impact on existing neighborhood character. Demonstration
by the applicant of the extent to which the proposed special exception:
(a)
Will alter unduly the character of the existing
neighborhood and adjacent tracts, and the effectiveness of proposed
or potential mitigation measures;
(b)
Will, in terms of the character and type of
development in the area surrounding the location of the proposed special
exception, constitute an appropriate use in the area.
(3) Impact on circulation. Demonstration by the applicant
that the proposed special exception will have no undesirable impacts
on traffic patterns and volumes, access and parking.
(4) Economic impact evaluation by the applicant of the
character and type of development proposed in terms of generating
revenue for the Township and imposing demands on municipal services.
In addition, the Board shall give general consideration to the size,
scope, extent, and character of the proposed special exception and
to its consistency with the purposes and objectives of the Pocopson
Township Comprehensive Plan, including protection and promotion of
the public health, safety and welfare.
Any approval of a special exception or variance
request shall be deemed null and void six months from the date of
such approval if, within that period, no application is made for a
building permit, a certificate of occupancy, or subdivision or land
development approval, as appropriate, unless the Board shall grant
an extension.
Appeals and proceedings under §§
250-75,
250-76, and
250-77 may be filed with the Board in writing by any officer or agency of the Township, or by any person aggrieved. Request for a variance under the terms of §
250-78, or for a special exception under the terms of §
250-79, may be filed by any landowner or any tenant with the permission of such landowner, or by any equitable owner of land in the Township.