The Zoning Hearing Board shall conduct hearings and make decisions in
accordance with the following requirements:
A. Public notice shall be given and written notice shall
be given to the applicant, the Zoning Officer and to any person who has made
timely request for the same. Written notices shall be given at such time and
in such manner as shall be prescribed by the rules of the Board. In addition
to the written notice provided herein, written notice of said hearing shall
be conspicuously posted on the affected tract of land at least one week prior
to the hearings.
B. The hearing shall be held within 60 days from the date
of the applicant's request, unless the applicant has agreed in writing to
an extension of time.
C. The hearings shall be conducted by the Board or the Board
may appoint any member as a hearing officer. The decision, or, where no decision
is called for, the findings shall be made by the Board; however, the appellant
or the applicant, as the case may be, in addition to the Township, may, prior
to the decision of the hearing, waive decision or findings by the Board and
accept the decision or findings of the hearing officer as final.
D. 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,
permitted to appear by the Board. The Board shall have the 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.
E. 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 the production of relevant documents
and papers, including witnesses and documents requested by the parties.
F. 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.
G. Formal rules of evidence shall not apply, but irrelevant,
immaterial or unduly repetitious evidence may be excluded.
H. The Board or the hearing officer, as the case may be,
shall keep a stenographic record of the proceedings. The appearance fee for
a stenographer shall be shared equally by the applicant and the Board. The
cost of the original transcript shall be paid by the Board if the transcript
is ordered by the Board or hearing officer or shall be paid by the person
appealing from the decision of the Board if such appeal is made, and in either
event the cost of additional copies shall be paid by the person requesting
such copy or copies. In other cases the party requesting the original transcript
shall bear the cost thereof.
I. The Board or the hearing officer shall not communicate,
directly or indirectly, with any party or his or her 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 their solicitor, unless the
parties are afforded an opportunity to contest the material so noticed and
shall not inspect the site or its surroundings after the commencement of hearings
with any party or his or her representative unless all parties are given the
opportunity to be present.
J. The Board or the hearing officer, as the case may be,
shall render a written decision or, when no decision is called for, make a
written finding on the application within 45 days after the last hearing before
the Board or hearing officer. Where the application is contested or denied,
each decision shall be accompanied by findings of fact and conclusions based
thereon together with the reasons therefor. Conclusions based on any provision
of this chapter or of any law, ordinance, rule or regulation shall contain
a reference to the provision relied on and the reason why the conclusion is
deemed appropriate in light of the facts found. If the hearing is conducted
by a hearing officer and there has been no stipulation that his or her decision
or findings are final, the Board shall make his or her 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 fails to
render the decision within the period required by this subsection or fails
to hold the required hearing, 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. When a decision has been rendered in favor
of the applicant because of the failure of the Board to meet or render a decision
as hereinafter provided, the Board shall give public notice of said decision
within 10 days from the last day it could have met to render a decision in
the same manner as provided in Subsection
A of this section. If the Board
shall fail to provide such notice, the applicant may do so. Nothing in this
subsection shall prejudice the right of any party opposing the application
to appeal the decision to a court of competent jurisdiction.
K. A copy of the final decision or, where no decision is
called for, of the findings shall be delivered to the applicant personally
or mailed to him or her not later than the day following its date. To all
other persons who have filed their name and address with the Board not 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 at which
the full decision or findings may be examined.
L. The Board of Supervisors shall establish, by resolution,
fees with respect to hearings before the Zoning Hearing Board.
Where the Board of Supervisors in this chapter has stated special exceptions
to be granted or denied by the Zoning Hearing 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. Application for special exceptions
under this section will require a scaled drawing showing topographical features.
In granting a special exception, the Board may attach such reasonable conditions
and safeguards, in addition to those expressed in this chapter, as it may
deem necessary to implement the purposes of this chapter and the Pennsylvania
Municipalities Planning Code, 53 P.S. § 10101 et seq.
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 Planning Code), 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; 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; 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; 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 special exception may be filed with the Board by any landowner or
any tenant with the permission of such landowner.