Any Board member may be removed for malfeasance,
misfeasance or nonfeasance in office or for other just cause by a
majority vote of the Supervisors, taken after the member has received
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.
As prescribed by the MPC, the 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 the Supervisors by a landowner
together with a request for a curative amendment.
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 a municipal 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.
E. Applications for variances from the terms of this
chapter and flood hazard ordinance or such provisions within a land
use ordinance, pursuant to Section 910.2 of the MPC.
F. Applications for special exceptions under the zoning
ordinance or floodplain or flood hazard ordinance or such provisions
within a land use ordinance, pursuant to Section 912.1 of the MPC.
G. Appeals from the determination of any officer or agency
charged with the administration of any transfers of development rights
or any performance density provisions of this chapter.
H. Appeals from the Zoning Officer's determination under
Section 916.2 of the MPC, entitled "Procedure to obtain preliminary
opinion."
I. 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 applications under Article
V, Subdivision and Land Development, or Article
VII, Planned Residential Development, of the MPC.
The Board shall conduct hearings and make decisions
in accordance with Section 908 of the MPC and the following requirements:
A. Notice. Public notice shall be given and written notice
shall be given to the applicant, the Zoning Officer, such other persons
as the Supervisors shall designate by ordinance and to any person
who has made timely request for public notice. Written notices shall
be given at such time and in such manner as shall be prescribed by
ordinance or, in the absence of ordinance provision, by rules of the
Board. In addition, written notice shall be conspicuously posted on
the affected tract of land at least one week prior to the hearing.
Written notices shall also be sent to adjacent property owners and
property owners within 300 feet of the property involved in the application
for a variance or special exception. Notices shall be sent by regular
mail no more than 30 days nor less later than seven days prior to
the date of the hearing.
(1) The hearing shall be held within 60 days from the
date of receipt of the applicant's appeal or application, unless the
applicant has agreed in writing to an extension of time.
(2) 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.
B. Parties. 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 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.
C. 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.
D. 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.
E. Stenographic record. 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.
F. Communication. 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 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.
G. Decision and findings. 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. 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 provisions of this act
or of any 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.
H. When there has been no stipulation that the hearing
officer's decision or findings are final. If the hearing is conducted
by a hearing officer and there has been no stipulation that the hearing
officer's decision or findings are final, the Board shall make the
hearing officer's 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.
I. Failure to render a decision within the period required.
Where the Board fails to render the decision within the period required
by the MPC or fails to hold the required hearing within 60 days from
the date of the applicant's request for a hearing, the provisions
of Section 908(9) of the MPC shall apply unless the applicant has agreed in writing
or on the record to an extension of time.
J. Notice of decision and findings. 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 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.
All challenges to the validity of this chapter on substantive grounds brought under §§
350-62A and
350-74C, Procedure for landowner curative amendments, of this chapter shall be governed by Section 916.1(c) of the MPC.