The membership of the Zoning Hearing Board shall
consist of three residents of Dallas Township appointed by the Dallas
Township Board of Supervisors by resolution. The terms of office for
Board members shall be three years and shall be so fixed that the
term of office of one member shall expire each year. The Board shall
promptly notify the Township Board of Supervisors of any vacancies
which occur. Appointments to fill vacancies shall be only for the
unexpired portion of the term. Members of the Board shall hold no
other office in the Township, including membership upon the Planning
Commission.
The Township Board of Supervisors may appoint by resolution one resident of Dallas Township to serve as an alternate member of the Board. When seated pursuant to the provisions of §
95-147 of this chapter, an alternate shall be entitled to participate in all proceedings and discussions of the Board to the same and full extent as provided by law for Board Members, including specifically the right to cast a vote as a voting member during proceedings, and shall have all the powers and duties set forth in this chapter and as otherwise provided by law. An alternate shall hold no other office in the Township, including membership on the Planning Commission. An alternate may participate in any proceedings or discussions of the Board, but shall not be entitled to vote as a member of the Board unless designated as a voting alternate member pursuant to §
95-147 of this chapter. The term of office for an alternate member of the Zoning Hearing Board shall be one year.
Any Board member or alternate may be removed
for malfeasance, misfeasance or nonfeasance in office or for any other
just cause by the Township Board of Supervisors. Prior to any vote
by the Township Board of Supervisors, the member shall receive notice
15 days in advance of the date at which it intends to take such a
vote. A hearing before the Township Board of Supervisors shall be
held in connection with the vote, if the member requests a hearing
in writing.
Within the limits of appropriated funds, the
Board may employ or contract for secretaries, clerks, legal counsel,
consultants, and technical services which they may deem necessary
to augment the Board in the performance of their duties.
The Zoning Hearing Board shall conduct hearings
and render decisions in accordance with the following:
A. Notice of hearings before the Board shall be by public
notice; a notice published once a week for two successive weeks in
a newspaper of general circulation in the Township. Such notice shall
state the time and place of the hearing and the particular nature
of matters to be considered at the hearing by the Board. The first
publication shall not be more than 30 days and the second publication
shall not be less than seven days from the date of the hearing.
B. Written notice.
(1) Written notice of all hearings before the Board shall
be conspicuously posted on the affected property not less than one
week prior to the hearing.
(2) Written notice of all hearings before the Board shall
be conspicuously posted on the affected property by the owner at least
one week prior to the hearing. The owner shall provide the Hearing
Board with a notarized affidavit of posting.
(3) Written notice shall be given to the following parties:
(c)
The owner of record of the subject property
before the Board, if different than that of the applicant.
(d)
The owner of record of any property which has
an adjoining or contiguous property boundary with the subject property
before the Board. An adjoining or contiguous property boundary shall
be deemed to also include such properties which have any amount of
opposite front, rear or side yard areas including those properties
that are separated from the subject property before the Board by a
public or private street, road, alley and/or similar right-of-way.
In cases of a corner property subject to a hearing before the Board,
in addition to the owners of record with an adjoining or contiguous
property boundary, notice shall also be given to any owner of record
of any property which has frontage along the intersection of the public
or private streets or roads in question.
(e)
Any party or person who has submitted a written
request to receive notification on the subject property. The applicant
shall be responsible for providing the Zoning Hearing Board with the
names and addresses of the true and correct owners of record based
upon the records contained in the Luzerne County Tax Assessor's Office.
While it shall be the intent of the Dallas Township Zoning Hearing
Board to provide written notice to property owners which have a common
side yard, rear yard or opposite frontage to the subject property
before the Board, failure to do so shall not represent a basis for
appeal or otherwise invalidate a decision and/or finding of the Zoning
Hearing Board.
C. The Township Board of Supervisors may prescribe reasonable
fees with respect to hearings before the Board. Fees for said hearings
may include compensation for the secretary, and if applicable, 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 Board or expenses for engineering,
architectural or other technical consultants or expert witnesses.
D. The first hearing shall be held within 60 days from
the applicant's request, unless the applicant has agreed in writing
to an extension of time. The sixty-day time period shall not commence
until the applicant has submitted a properly completed application,
with all required signatures, supporting information, the names and
mailing addresses of parties to receive notice of the hearing, and
all required fees. Each subsequent hearing shall be held within 45
days of the prior hearing, unless otherwise agreed to by the applicant
in writing or on the record. An applicant shall complete the presentation
of his case-in-chief within 100 days of the first hearing. Upon the
request of the applicant, the Zoning Hearing Board or Hearing Officer
shall assure that the applicant receives at least seven hours of hearings
within the 100 days, including the first hearing. Persons opposed
to the application shall complete the presentation of their opposition
to the application within 100 days of the first hearing held after
the completion of the applicant's case-in-chief. An applicant may,
upon request, be granted additional hearings to complete his case-in-chief,
provided the persons opposed to the application are granted an equal
number of hearings. Persons opposed to the application may, upon written
consent or consent on the record by the applicant and municipality,
be granted additional hearings to complete their opposition to the
application provided the applicant is granted an equal number of additional
hearings for rebuttal.
E. Hearings shall be conducted by the Board or the Board
may appoint any member or an independent attorney as a hearing officer.
The decision, or where no decision is called for, the findings shall
be made by the Board, unless the appellant or applicant, as the case
may be, in addition to the Township, agree to waive any decision or
findings by the Board and accept the decision or findings of the hearing
officer as final. If the decision or findings of the hearing officer
are to be accepted as final, all parties to the hearing must agree
to such stipulation at the outset of the hearing.
F. The parties to the hearing shall be the Township,
any person affected by the application who has made a 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 power to require that all persons who wish to be considered
parties to the hearing enter appearances in writing on forms provided
by the Board for such purpose.
G. The presiding chairman or acting chairman of the Board
or hearing officer shall have the power to administer oaths and issue
subpoenas to compel attendance of witnesses and the production of
relevant documents and papers, including witnesses and documents requested
by parties to the hearing.
H. The parties to the hearing shall have the right to
be represented by legal counsel and shall be afforded the opportunity
to respond and present evidence and arguments and to cross-examine
adverse witnesses on all relevant issues.
I. Formal rules of evidence shall not apply, but irrelevant,
immaterial or unduly repetitious evidence may be excluded.
J. 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 the event the cost of additional
copies shall be paid by the person requesting such copies. In other
cases, the party requesting the original transcript shall bear the
cost thereof.
K. The Board, collectively or individually, or the hearing
officer, shall not communicate directly or indirectly with any party
or his representatives in connection with any issue before the Board
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 its solicitor, unless all 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.
L. The Board or the hearing officer, as the case may be, shall render a written decision or, if no decision is called for, provide written findings on the application within 45 days after the last hearing before the Board or hearing officer. If 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 provisions of this chapter or any other 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. 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 of record within 45 days. The parties shall be entitled to make written representations thereon to the Board prior to final decision or entry of findings, with the Board's decision entered no later than 30 days after the report of the hearing officer. If the Board fails to commence, conduct or complete the required hearing as provided for under Subsection
D, 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. If a decision has been rendered in favor of the applicant because of the failure of the Board to meet or render a decision as herein above 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 under Subsection
A and written notice of the decision shall be mailed to those parties identified under Subsection
B. If the Board fails to provide such notice, the applicant may do so. Nothing contained within this section shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.
M. Any appeal of an enforcement notice under §
95-137A of this chapter to the Zoning Hearing Board shall require that the Zoning Officer and/or Township provide its evidence first to the Board regarding the basis, nature and supporting information regarding the subject enforcement notice. Upon the conclusion of the same, the appealing party shall provide the Board with his/her evidence in contesting the subject enforcement notice. Any filing fees paid by a party to appeal an enforcement notice to the Zoning Hearing Board shall be returned to said party, if Zoning Hearing Board or any subsequent Court rules in favor of the appealing party.
N. The final decision or, where no decision is called
for, the findings shall be rendered by the Zoning Hearing Board at
a public hearing and/or public meeting. A copy of the written decision
or findings shall be delivered to the applicant personally or mailed
to him not later than the day following the date of the Board's decision
or findings. The Zoning Hearing Board shall provide by mail or otherwise,
to all persons who have filed their name and address with the Board,
not later than the last day of the hearing, a statement of brief notice
of the decision or findings and a statement of the place and at which
a copy of the full decision or findings may be examined.
The Zoning Hearing Board, in accordance with
the Pennsylvania Municipalities Planning Code, Act 247, as amended, shall have exclusive jurisdiction to hear and render final
adjudication in the following matters:
A. Substantive challenges to the validity of any land use ordinance, except for those brought before the Township Board of Supervisors under §
95-141A of this chapter.
B. Challenges to the validity of any land use ordinance,
based upon procedural questions or alleged defects in the process
of enactment or adoption. Challenges based upon procedural questions
or alleged defects shall be raised by an appeal to the Board within
30 days after the effective date of the ordinance subject to the appeal.
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, the revocation of a zoning permitted/or building
permit or the registration or refusal to register any nonconforming
use, structure or lot.
D. Appeals from a determination by the Zoning Officer
with reference to the administration of any floodplain provision or
regulation within any land use ordinance.
E. Applications for variances, pursuant to §
95-152 of this chapter.
F. Applications for special exceptions pursuant to §
95-153 of this chapter.
G. Appeals from the determination of the Zoning Officer
or municipal engineer in the administration of any land use ordinance
or provision thereof with reference to sedimentation and erosion control
and stormwater management not related to development which is classified
as a subdivision, land development, or a planned residential development.
Appeal and/or applications for hearings before the Zoning Hearing Board pursuant to those matters contained within §
95-153 of this chapter may be filed with the Board in writing by the affected landowner or by any aggrieved person or party. The Board shall not accept appeals or applications for hearings from any tenant or equitable owner of a property without the express written consent of the landowner. In such cases, the landowner's signature shall be required upon all applicable forms, applications or documents which are to be submitted to the Board.