A Zoning Hearing Board is established in order that the objectives
of this chapter may be more fully and equitably achieved and a means
for competent interpretation of this chapter provided.
Any Zoning Hearing Board member may be removed for malfeasance,
misfeasance or nonfeasance in office or for other just cause by a
majority vote of Council, taken after 15 days' advance notice of the
intent to take such a vote. A hearing shall be held in connection
with the vote if the member shall request it in writing.
The Zoning Hearing Board shall have exclusive jurisdiction to
hear and render final adjudications in the following matters:
A. Substantive challenges to the validity of any land use ordinance, except those brought before Council pursuant to §
205-198 of this chapter.
B. Challenges
to the validity of a land use ordinance raising procedural questions
or alleged defects in the process of enactment or adoption, which
challenges shall be raised by an appeal taken within 30 days after
the effective date of said ordinance.
C. Appeals
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.
D. Appeals
from a determination by the Township Engineer or the Zoning Officer
with reference to the administration of any floodplain provision.
E. Applications for variances pursuant to§
205-186 of this chapter.
F. Applications for special exceptions pursuant to §
205-187 of this chapter.
G. Appeals
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
an application for a subdivision or land development.
Any person aggrieved by any decision of the Zoning Officer shall
have the right to appeal to the Zoning Hearing Board within 30 days
of such decision by filing with the Zoning Hearing Board, specifying
the grounds thereof. Applicants for appeals shall complete the "Appeal
to the Zoning Hearing Board" application, including at minimum the
following:
A. The name
and address of the applicant or appellant.
B. The name
and address of the owner of the lot to be affected by such proposed
change or appeal.
C. Original
application to and rejection letter from the Zoning Officer.
D. Document
establishing applicant's right to act as the agent for an interested
party (if applicable).
E. A brief
description and location of the lot to be affected by such proposed
change or appeal.
F. Deed,
lease, and/or agreement of sale (if applicable) for the lot to be
affected by such proposed change or appeal.
G. Property
plot plan, floor and elevation plans (if applicable); detail plan
of sign, if applicable.
H. Any necessary
exhibits (e.g., diagrams, pictures, receipts, permits, etc.)
I. A statement
of the present zoning classification of the lot in question and the
present use thereof.
J. A statement
of the section of this chapter under which the appeal is made and
reasons why it should be granted or a statement of the section of
this chapter governing the situation in which the alleged erroneous
ruling is being appealed and the reasons for this appeal.
K. A reasonably
accurate description of the present improvements and the addition
or changes intended to be made under this application, indicating
the size, material and general construction thereof. In addition,
there shall be attached a plot plan of the real property to be affected,
indicating the location and size of the lot and size of improvements
existing thereon and proposed to be erected thereon.
Hearings pursuant to this chapter shall be held by the Zoning
Hearing Board in accordance with the following requirements:
A. The Zoning
Hearing Board shall provide public notice of scheduled hearings. Written
notice shall be provided by the applicant, using forms provided by
the Township Department of Licenses and Inspections, to the Zoning
Officer, persons whose properties adjoin the property in question,
persons whose properties are located directly across any street that
abuts the property in question, such other persons as Council shall
designate by ordinance 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 ordinance or, in the absence of ordinance
provisions, by procedures of the Zoning Hearing Board, as amended.
In addition to the written notice provided herein, written notice
of said hearing shall be conspicuously posted on the affected tract
of land by the applicant at least two weeks prior to the hearing.
Accepted proof of notice provided by the applicant to the Zoning Hearing
Board is either the signed return post card and postal receipts for
register mail, return receipt requested, or signed written notice
forms provided to affected persons. The Zoning Hearing Board can dismiss
any case/appeal for lack of proper written notice or grant a continuation,
if requested and proper written notice is provided. The applicant
must provide a waiver to the hearing time requirements of the Pennsylvania
Municipalities Planning Code to receive a continuance.
B. Council
may prescribe reasonable fees by resolution with respect to hearings
by the Zoning Hearing Board. Fees for said hearings may include compensation
for the secretary and members of the Zoning Hearing Board, notice
and advertising costs and necessary administrative overhead connected
with the hearing. The costs, however, shall not include legal expenses
of the Zoning Hearing Board, expenses for engineering, architectural
or other technical consultants or expert witness costs.
C. 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.
D. The hearings
shall be conducted by the Zoning Hearing Board. The decision, or,
where no decision is called for, the findings shall be made by the
Board.
E. The parties
to the hearing shall be the Township, any person affected by the application
who has made timely appearance of record before the Zoning Hearing
Board, and any other person including civic or community organizations
permitted to appear by the Zoning Hearing Board. The Zoning Hearing
Board shall have power to require that all persons who wish to be
considered parties enter appearances in writing on forms provided
by the Zoning Hearing Board for that purpose.
F. The Chairman
or Vice Chairman of the Zoning Hearing Board 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.
G. 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.
H. Formal
rules of evidence shall not apply, but irrelevant, immaterial or unduly
repetitious evidence may be excluded.
I. The Zoning
Hearing Board shall keep a stenographic record of the proceedings.
The appearance fee for a stenographer shall be shared equally by the
applicant and the Zoning Hearing Board. The cost of the original transcript
shall be paid by the Zoning Hearing Board if the transcript is ordered
by the Zoning Hearing Board or shall be paid by the person appealing
from the decision of the Zoning Hearing 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.
J. The Zoning
Hearing Board shall not communicate, directly or indirectly, with
any party or his/her representatives in connection with any issue
involved except upon notice and where all parties have opportunity
to participate. The Zoning Hearing Board shall not take notice of
any communication, report, 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 representative unless all parties are given an opportunity
to be present.
K. Rendering
of decision.
(1) The
Zoning Hearing Board shall render a written decision or, where no
decision is called for, make written findings on the application within
45 days after the last hearing before the Zoning Hearing Board. 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 the provisions of any Act of
the commonwealth, or any ordinance, rule or regulation shall contain
a reference to the provisions relied upon and the reasons why the
conclusion is deemed appropriate in light of the facts found.
(2) Where the Zoning Hearing Board fails to render its decision within 45 days or fails to hold the required hearing within 60 days from the date of the applicant's request for a 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 Zoning Hearing Board to meet or render a decision as herein above provided, the Zoning Hearing 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 Zoning Hearing 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.
L. 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 not later than the day following the date of the decision or
findings. To all other persons who have filed their name and address
with the Zoning Hearing Board not later than the last day of the hearing,
the Zoning Hearing 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.
Appeals under §
205-185A,
B,
C,
D and
G 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 any person aggrieved. Requests for a variance under §
205-186 and for a special exception under §
205-187 of this chapter may be filed with the Zoning Hearing Board by any landowner or any tenant with the permission of such landowner.
All appeals from all land use decisions rendered pursuant to
this article shall be taken to the Court of Common Pleas of Bucks
County and shall be filed within 30 days after entry of the decision,
or in the case of a deemed decision, within 30 days after the notice
of said deemed decision is given as set forth in this chapter.
Upon filing of any proceeding and during its pendency before
the Board, all land development pursuant to any challenged ordinance,
order or approval of the Zoning Officer or any agency or body, and
all official action thereunder, shall be stayed in accordance with
Section 915.1 of the Pennsylvania Municipalities Planning Code, as
amended.
No person shall be allowed to file any proceeding with the Board
later than 30 days after an application for development, preliminary
or final, has been approved by an appropriate Township official, agency
or body if such proceeding is designed to secure reversal or to limit
the approval in any manner unless such person alleges and provides
that he had no motive, knowledge, or reason to believe that such approval
had been given. If such person has succeeded to his/her interest after
such approval, he/she shall be bound by the knowledge of his/her predecessor
in interest. The failure of anyone other than the landowner to appeal
from the adverse decision by the Zoning Officer or a challenge to
the validity of an ordinance or map shall preclude an appeal from
a final approval.