[Ord. 670, 12/12/2007]
The Board shall meet within 60 days of receipt of an application
to hear and consider such matters which shall properly come before
it. All such meetings shall be open to the public.
[Ord. 670, 12/12/2007]
Appeals from the Zoning Officer pursuant to § 27-1716 hereof and proceedings to challenge an ordinance under § 27-1717 hereof may be filed by an officer or agency of the Township or by any person aggrieved. Requests for variance under § 27-1718 and for special exception under § 27-1719 hereof may be filed by any landowner or tenant with the permission of such landowner.
[Ord. 670, 12/12/2007]
All actions before the Board shall be initiated by a written
application for hearing, which shall be filed with the Zoning Officer
at which the particular matter is to be heard. All applications shall
be made on forms specified by the Board, and no application form shall
be accepted unless the same shall be fully and legibly completed and
unless all exhibits and supplemental material required by the application
shall be attached.
[Ord. 670, 12/12/2007]
[Ord. 670, 12/12/2007]
Notice of the time and place of all hearings shall be given
by mail to the applicants and to all persons who shall own real estate
within 500 feet of any property that shall be the subject of the application.
Notice of the hearing of any particular application shall also be
given to any person who shall timely request the same in writing.
Notice of the time and the place of all hearings shall be given by
publishing the same in a newspaper of general circulation within the
Township. All notices required by this section shall be given at least
five days prior to the date of the hearing for which notice is given.
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 hearing.
[Ord. 670, 12/12/2007]
Parties to any hearing shall be any person entitled to notice under § 27-1706 without special request therefor who has given timely appearance of record before the Board and any other person permitted by the Board to appear.
[Ord. 670, 12/12/2007]
The Chairman or Acting Chairman of the Board shall have the
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.
[Ord. 670, 12/12/2007]
The parties shall have the right to be represented by counsel
and shall be afforded the opportunity to respond and present evidence
and cross-examine adverse witnesses on all relevant issues.
[Ord. 670, 12/12/2007]
Formal rules of evidence shall not apply, but irrelevant, immaterial
or unduly repetitious evidence may be excluded.
[Ord. 670, 12/12/2007]
The Board shall keep a record of the proceedings, stenographical,
and a transcript of the proceedings and copies of graphic or written
material received in evidence shall be made available to any party
at cost.
[Ord. 670, 12/12/2007]
The Board shall not communicate, directly or indirectly, with
any party or his representative 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 its solicitor, unless the parties
are afforded an opportunity to contest the material so noticed and
shall not inspect the site or its surrounding after commencement of
hearings, with any party or his representative unless all parties
are given an opportunity to be present. "Board" as used herein shall
include not only the members, but also the secretary, clerk, legal
counsel or consultant of the Board.
[Ord. 670, 12/12/2007]
The Board 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. Each decision shall
be accompanied by findings of fact and conclusion based thereon together
with the reasons therefor. Conclusions based on any provisions of
any statute, ordinance, rule or regulation shall contain a reference
to the provision relied on and the reasons why the conclusion is deemed
appropriate in light of the facts found. Where the Board has power
to render a decision and fails to do so within the forty-five-day
period above prescribed, the decision shall be deemed to have been
rendered in favor of the applicant.
[Ord. 670, 12/12/2007]
A copy of the final decision or, when 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 its date. To all
other persons who have filed their names and addresses 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 finding and
a statement of the place at which the full decision or findings may
be examined.
[Ord. 670, 12/12/2007]
Zoning appeals may be taken to the court by any party before
the Board or any officer or agency of the Township, as provided by
law.
[Added by Ord. 711, 12/4/2013]
1.
Appeals to the Zoning Hearing Board may be taken by any person aggrieved
or by any officer, department, board or bureau of the Township affected
by any decision of the Building Inspector. Each appeal shall be taken
within a reasonable time as provided by the rules of the Board by
filing with the officer from whom the appeal is taken, and with the
Zoning Hearing Board, a notice of appeal specifying the grounds thereof.
The officer from whom the appeal is taken shall forthwith transmit
to the Board all the papers constituting the record upon which the
action appealed from was taken. An appellant or an applicant for a
special exception or for a variance shall, at the time of filing of
the appeal or application, pay a filing fee to the Township Secretary
in accordance with the following schedule:
2.
If the expenses are less, that amount will be refunded. If expenses
are more, that amount will be assessed to the applicant prior to determination
of the issue.
