Township of Dickinson, PA Article VII Zoning Hearing Board

§ 205-147 Establishment and membership.

A. The Board of Supervisors shall appoint a Zoning Hearing Board which shall consist of three members who shall be residents of the Township. Their terms of office shall be three years and shall be so fixed that the term of office of one member shall expire each year. The Zoning Hearing Board shall promptly notify the Board of Supervisors of any vacancies that occur. Appointments to fill vacancies shall be only for the unexpired portion of the term. Members of the Zoning Hearing Board shall hold no other office in the Township. Any member of the Zoning Hearing Board may be removed for malfeasance, misfeasance, or nonfeasance in office or for other just cause by a majority vote of the Board of 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.

B. The governing body may appoint by resolution at least one but no more than three residents of the municipality to serve as alternate members of the Zoning Hearing Board. The term of office of an alternate member shall be three years. When seated pursuant to the provisions of § 205-148, an alternate shall be entitled to participate in all proceedings and discussions of the Zoning Hearing Board to the same and full extent as provided by law for Zoning Hearing Board members, including specifically the right to cast a vote as a voting member during the proceedings, and shall have all the powers and duties set forth in this chapter and as otherwise provided by law. Alternates shall hold no other office in the municipality, including membership on the planning commission and zoning officer. Any alternate may participate in any proceeding or discussion of the Zoning Hearing Board but shall not be entitled to vote as a member of the Zoning Hearing Board nor be compensated pursuant to § 205-149 unless designated as a voting alternate member pursuant to § 205-148 of this chapter.

§ 205-148 Organization of Zoning Hearing Board.

A. The Zoning Hearing Board shall elect from its own membership its officers, who shall serve annual terms as such and may succeed themselves. For the conduct of any hearing and the taking of any action, a quorum shall be not less than a majority of all members of the Zoning Hearing Board, but the Zoning Hearing Board may appoint a hearing officer from its own membership to conduct any hearing on its behalf and the parties may waive further action by the Zoning Hearing Board as provided in § 205-150.

B. If, by reason of absence or disqualification of a member, a quorum is not reached, the chairman of the Zoning Hearing Board shall designate as many alternate members of the Zoning Hearing Board to sit on the Zoning Hearing Board as may be needed to provide a quorum. Any alternate member of the Zoning Hearing Board shall continue to serve on the Zoning Hearing Board in all proceedings involving the matter or case for which the alternate was initially appointed until the Zoning Hearing Board has made a final determination of the matter or case. Designation of an alternate pursuant to this section shall be made on a case-by-case basis in rotation according to declining seniority among all alternates.

C. The Zoning Hearing Board may make, alter, and rescind rules and forms for its procedure, consistent with ordinances of the Township and laws of the commonwealth. The Zoning Hearing Board shall keep full public records of its business, which records shall be the property of the Township and shall submit a report of its activities to the Board of Supervisors upon request.

§ 205-149 Expenditures for services.

Within the limits of funds appropriated by the Board of Supervisors, the Zoning Hearing Board may employ or contract for secretaries, clerks, legal counsel, consultants and other technical and clerical services. Members of the Zoning Hearing Board may receive compensation for the performance of their duties, as may be fixed by the Board of Supervisors. Alternate members of the Zoning Hearing Board may receive compensation, as may be fixed by the governing body, for the performance of their duties when designated as alternate members pursuant to § 205-148, but in no case shall such compensation exceed the rate of compensation authorized to be paid to the members by the governing body.

§ 205-150 Public hearings.

A. The Zoning Hearing Board shall conduct hearings and make decisions in accordance with the following requirements:

B. Public notice shall be given to the applicant, the zoning officer, such other persons as the Township Board of Supervisors 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 provision, by rules of the Zoning Hearing Board. In addition to the written notice provided herein, public notice shall also include the posting of a sign at conspicuous locations along the perimeter of the subject property deemed sufficient by the Township to notify potentially interested citizens. This sign(s) shall be posted at least one week prior to the hearing and will exhibit the nature, date, time, and location of the hearing;

C. The Board of Supervisors may prescribe reasonable fees with respect to hearings before 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;

D. The first hearing before the Zoning Hearing Board or hearing officer shall commence within 60 days from the date of receipt of the applicant's application, unless the applicant has agreed in writing to an extension of time. Each subsequent hearing before the Zoning Hearing Board or hearing officer 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 may, upon the 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. The hearings shall be conducted by the Zoning Hearing Board or the Zoning Hearing 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 Zoning Hearing Board however, the appellant or the applicant, as the case may be, in addition to the municipality, may, prior to the decision of the hearing, waive decision or findings by the Zoning Hearing Board and accept the decision or findings of the hearing officer as final;

F. 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;

G. The Chairman or Acting Chairman of the Zoning Hearing 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;

H. 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;

I. Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded;

J. The Zoning Hearing 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 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 hearing officer; 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;

K. The Zoning Hearing 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;

L. The Zoning Hearing 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 Zoning Hearing 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 therefore. Conclusions based on any provisions of the Act or of this chapter, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in the 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 Zoning Hearing Board shall make his report and recommendations available to the parties within 45 days and the parties shall be entitled to make written representations thereon to the Zoning Hearing Board prior to final decision or entry of findings, and the Zoning Hearing Board's decision shall be entered no later than 30 days after the report of the hearing officer. Except for challenges filed under Section 916.1 of the Act,[1] where the Zoning Hearing Board fails to render the decision within the period required by this subsection, or fails to commence or complete the required hearing as provided in § 205-150D of this chapter, 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 hereinabove 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 this section of this chapter. 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;

[1] Editor's Note: See 53 P.S. § 10916.1.

M. 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 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; and

N. Time limitations on Zoning Hearing Board's decision.

(1) For uses that do not require subsequent subdivision and/or land development approval:

(a) If a variance or special exception is granted, or the issuance of a permit is approved, or other action by the applicant is authorized, the necessary zoning permit shall be secured and the authorized action begun within six months after the date when the variance or special exception is finally granted, or the issuance of a permit is finally approved, or the other action by the applicant is authorized, and the building or alteration, as the case may be, shall be completed within two years of said date. For good cause, the Zoning Hearing Board may upon application in writing or on the record, state the reasons therefore and extend either the six-month or two-year period;

(b) Should the applicant fail to obtain the necessary zoning permit within said six-month period, or having obtained the permit should he fail to commence work thereunder within such six-month period, it shall be conclusively presumed that the applicant has waived, withdrawn, or abandoned his appeal or his application, and all provisions, variances and permits granted to him shall be deemed automatically rescinded by the Zoning Hearing Board; and

(c) Should the applicant commence construction or alteration within said six-month period, but should he fail to complete such construction or alteration within said two-year period, the Zoning Officer will, upon 10 days' notice in writing, rescind or revoke the granted variance or special exception, or the issuance of the permit, or permits, or the other action authorized to the applicant, if the Zoning Officer finds that no good cause appears for the failure to complete within such two-year period, and if the Zoning Officer further finds that conditions have so altered or changed in the interval since the granting of the variance, permit or action, that revocation or rescission of the action is justified.

(2) For uses that require subsequent subdivision and/or land development approval:

(a) If a variance or special exception is granted, or other action by the appellant is authorized, the applicant shall be required to submit the subsequent subdivision and/or land development application within 12 months after the date when the variance or special exception is finally granted, or the other action by the appellant is authorized, and the applicant shall have secured a zoning permit for such use within five years of said date. For good cause, the Zoning Hearing Board may upon application in writing, state the reasons therefore and extend either the twelve-month or five-year period;

(b) Should the applicant fail to submit the subsequent subdivision and/or land development application within the twelve-month period, it shall be conclusively presumed that the applicant has waived, withdrawn, or abandoned his appeal or his application, and all approvals granted to him shall be deemed automatically rescinded by the Zoning Hearing Board; and

(c) Should the applicant submit the subsequent subdivision and/or land development application within said twelve-month period, but should he fail to secure a zoning permit for such use within said five-year period, the Zoning Officer will, upon 10 days' notice in writing, rescind or revoke the granted approvals, if the Zoning Officer finds that no good cause appears for the failure to secure a zoning permit within such five-year period, and if the Zoning Officer further finds that conditions have so altered or changed in the interval since the granting of the variance, permit or action, that revocation or rescission of the action is justified.

(3) As an alternative to the preceding requirements of § 205-150N(1) and N(2), an applicant can request, as part of the original application or by a subsequent request on the record before the Zoning Hearing Board, the granting of a timetable associated with the request which would supersede the deadlines imposed in § 205-150N(1) to (2). In so doing, the applicant must demonstrate that the times requested are logically related to normal and expected progress of the project. In approving a timetable under this section, the Zoning Hearing Board must establish and bind a definite timeframe for 1) application of for subdivision and/or land development approval if applicable, 2) issuance of a zoning permit, and 3) completion of construction of the project.

§ 205-151 Zoning Hearing Board's jurisdiction.

The Zoning Hearing Board shall have the exclusive jurisdiction to hear and render decisions in the following matters:

A. Substantive challenges to the validity of any land use ordinance, except those brought before the governing body pursuant to § 205-161E of this chapter.

(1) If a challenge heard by a Zoning Hearing Board is found to have merit, the decision of the Zoning Hearing Board shall include recommended amendments to the challenged ordinance that will cure the defects found. In reaching its decision, the Zoning Hearing Board shall consider the amendments, plans and explanatory material submitted by the landowner and shall also consider:

(a) The impact of the proposal upon roads, sewer facilities, water supplies, schools and other public service facilities;

(b) If the proposal is for a residential use, the impact of the proposal upon regional housing needs and the effectiveness of the proposal in providing housing units of a type actually available to and affordable by classes of persons otherwise unlawfully excluded by the challenged provisions of the ordinance or map;

(c) The suitability of the site for the intensity of use proposed by the site's soils, slopes, woodland, wetlands, floodplains, aquifers, natural resources and other natural features;

(d) The impact of the proposed use on the site's soils, slopes, woodlands, wetlands, floodplains, natural resources and natural features, the degree to which these are protected or destroyed, the tolerance of the resources to development and any adverse environmental impacts;

(e) The impact of the proposal on the preservation of agriculture and other land uses which are essential to public health and welfare; and

(f) For challenges alleging the exclusion of one or more land uses within the Township, the Zoning Hearing Board shall consider the availability of opportunity for such uses throughout the Township.

(2) The Zoning Hearing Board, shall render its decision within 45 days after the conclusion of the last hearing. If the Zoning Hearing Board fails to act on the landowner's request within this time limit a denial of the request is deemed to have occurred on the 46th day after the close of the last hearing;

(3) The Zoning Hearing Board shall commence its hearings within 60 days after the request is filed unless the landowner requests or consents to an extension of time; and

(4) Public notice of the hearing shall be provided as specified in § 205-161B(2) of this chapter;

B. (Reserved)

C. Special exceptions. The Zoning Hearing Board shall hear and act upon applications for special exceptions as specifically authorized by this chapter. The granting of a special exception shall be subject to the following standards and criteria. The applicant for a special exception shall demonstrate, by credible evidence, compliance with these criteria and those criteria specified elsewhere in this chapter for the use in question.

(1) Filing requirements. In addition to the required permit information (see § 205-158) each special exception application shall include the following:

(a) Ground floor plans and elevations of proposed structures;

(b) Names and address of adjoining property owners including properties directly across a public right-of-way;

(c) A scaled drawing (site plan) of the site, including finished topography with sufficient detail and accuracy to demonstrate compliance with all applicable provisions of this chapter; and

(d) A written description of the proposed use in sufficient detail to demonstrate compliance with all applicable provisions of this chapter;

(2) General criteria. Each applicant must demonstrate, by credible evidence, compliance with the following:

(a) The proposed use shall be consistent with the purpose and intent of this chapter and such use is specifically authorized as a use by special exception within the zone wherein the applicant seeks approval;

(b) The proposed use shall not detract from the use and enjoyment of adjoining or nearby properties;

(c) The proposed use will not substantially change the character of the subject property's neighborhood nor adversely affect the character of the general neighborhood, the conservation of property values, the health and safety of residents or workers on adjacent properties and in the neighborhood, nor the reasonable use of neighboring properties. The use of adjacent properties shall be adequately safeguarded;

(d) Adequate public facilities are available to serve the proposed use and the proposed use shall not have an adverse effect upon the logical and economic extension of such public services and facilities, (e.g., schools, parks and recreation, fire, police and ambulance protection, sewer, water and other utilities, vehicular access, etc.);

(e) The applicant shall establish by credible evidence that the proposed special exception shall be in and of itself properly designed with regard to internal circulation, off-street parking, off-street loading, landscaping, screening, buffering, and all other elements of proper design as specified in this chapter and any other governing law or regulation;

(f) The proposed use demonstrates a substantial likelihood of compliance with the requirements of Article V of this chapter;

(g) The proposed use shall comply with those criteria specifically listed in Article IV of this chapter. In addition, the proposed use must comply with all other applicable regulations contained in this chapter; and

(h) The proposed use will not substantially impair the integrity of the Comprehensive Plan;

(3) Conditions. The Zoning Hearing Board in approving special exception applications may attach conditions considered necessary to protect the public welfare and the purposes listed above, including conditions which are more restrictive than those established for other uses in the same zone. These conditions shall be enforceable by the Zoning Officer and failure to comply with such conditions shall constitute a violation of this chapter and be subject to the penalties described in Article IX;

(4) Site plan approval. Any site plan presented in support of the special exception pursuant to § 205-151C(1)(c) shall become an official part of the record for said special exception;

(5) Time limitation. An approved special exception shall be bound by the time limitations listed in § 205-150N of this chapter.

D. Variances. The Zoning Hearing Board shall hear requests for variances where it is alleged that the provisions of this chapter inflict unnecessary hardship upon the applicant. The Zoning Hearing Board may, by rule, prescribe the form of application to the Zoning Officer. The Zoning Hearing Board may grant a variance, provided that the applicant submits sufficient evidence for the Zoning Hearing Board to make the those findings set forth in § 205-151D(2) where relevant in a given case.

(1) Filing requirements. Each variance application shall include the following:

(a) Ground floor plans and elevations of proposed structures;

(b) Names and address of adjoining property owners including properties directly across a public right-of-way;

(c) A scaled drawing (site plan) of the site, including finished topography with sufficient detail and accuracy to demonstrate compliance with all applicable provisions of this chapter, except for the provisions for which the variance is being sought; and

(d) A written description of the proposed use and variance request in sufficient detail to demonstrate compliance with all applicable provisions of this chapter, except for the provisions for which the variance is being sought, and a description of why the variance is being sought, including the information required in § 205-151D(2) below;

(2) General criteria. Each applicant must demonstrate, by credible evidence, the following:

(a) That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property and that the unnecessary hardship is due to such conditions, and not the circumstances or conditions generally created by the provisions of this chapter in the neighborhood or zone in which the property is located;

(b) That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of this chapter and that the authorization of a variance is therefore necessary to enable reasonable use of the property;

(c) That such unnecessary hardship has not been created by the appellant;

(d) That the variance, if authorized, will not alter the essential character of the zone or neighborhood in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare;

(e) That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulations in issue;

(3) Floodplains. Variances regarding floodplains shall require compliance with Chapter 92 (Floodplain Management) of the Code of Dickinson Township;

(4) Conditions. In granting any variance, the Zoning Hearing Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter. These conditions shall be enforceable by the Zoning Officer and failure to comply with such conditions shall constitute a violation of this chapter and subject to the penalties described in Article VIII; and

(5) Zoning permits. If a Zoning Permit has been requested, the approved variance with any conditions imposed by the Zoning Hearing Board shall be attached to the application. Where the variance is approved prior to the application, then the approved variance with any conditions imposed by the Zoning Hearing Board shall be forwarded to the Zoning Officer.

(6) Time limitation. An approved special exception shall be bound by the time limitations listed in § 205-150N of this chapter.

E. 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 enforcement notice or the registration or refusal to register any nonconforming use, structure or lot;

F. Appeals from a determination by a Municipal Engineer or the Zoning Officer with reference to the administration of any provisions contained within Chapter 92 (Floodplain Management) of the Code of Dickinson Township;

G. Appeals 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;

H. Appeals from the Zoning Officer's determination under Section 916.2 of the Act;[1] and

[1] Editor's Note: See 53 P.S. § 10916.2.

I. Appeals from the determination of the Zoning Officer or Municipal Engineer in the administration of any land use ordinance with reference to sedimentation and erosion control, and/or stormwater management for applications not involving a subdivision/land development, nor a planned residential development as regulated in Articles V and VII of the Act, respectively.[2]

[2] Editor's Note: See 53 P.S. § 10501 et seq. and § 10701 et seq., respectively.

§ 205-152 Appeals to the Zoning Hearing Board.

A. Appeals under §§ 205-151E, 205-151F, 205-151G, 205-151H, and 205-151I. and proceedings to challenge this chapter under §§ 205-151A and 205-151B 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 § 205-151D and for special exception under § 205-151C may be filed with the Zoning Hearing Board by any landowner or any tenant with the permission of such landowner. Any appeal/application shall state:

(1) The name and address of the appellant and applicant;

(2) The name and address of the landowner of the real estate to be affected;

(3) A brief description and location of the real estate to be affected by such proposed change together with a plot plan drawn to scale with sufficient clarity to show the nature and character of the request; and

(4) A statement of the present zoning classification of the real estate in question, the improvements thereon, and the present use thereof.

B. All appeals and any amendments thereto addressed to the Zoning Hearing Board shall be filed with the Township on forms prescribed by the Township and executed by the applicant(s).

C. Every appeal form shall be completed in its entirety and shall include a reference to the specific section and, where applicable, the subsection at issue and a statement in numbered paragraphs setting forth the grounds for each form of relief sought together with each fact supporting the claim for relief.

D. No appeal form or any amendment thereto shall be deemed filed unless and until the applicable fee is paid, the form is properly completed and all necessary signatures are applied. Any failure to comply with the requirements of this subsection may lead to the rejection of the appeal or amendment as determined by the Township Zoning Officer.

E. By executing the appeal form and any amendment thereto, every applicant verifies that to the best of his or her knowledge, information and belief each fact alleged is true and correct, and that there exists a good-faith basis for the requested relief.

§ 205-153 Time limitations.

A. No person shall be allowed to file any proceeding with the Zoning Hearing Board later than 30 days after the issuance of a notice of violation or similar determination by the Township or Zoning Officer, or later than 30 days after the application for development, preliminary or final, has been approved or denied by the Zoning Officer or the agency responsible for granting such approval if such proceeding is designed to secure reversal or to limit the approval in any manner unless such person alleges and proves that he had no notice or knowledge, or reason to believe that such approval had been given. If such person has succeeded to his interest after such approval, he shall be bound by the knowledge of his predecessor in interest.

B. The failure of anyone other than the landowner to appeal from an adverse decision by the Zoning Officer on a challenge to the validity of this chapter or the Official Zoning Map pursuant to Section 916.2 of the Act,[1] shall preclude an appeal from a final approval except in the case where the final submission substantially deviates from the approved tentative preliminary approval.

[1] Editor's Note: See 53 P.S. § 10916.2.

§ 205-154 Stay of proceeding.

A. Upon filing of any proceeding referred to in § 205-152 and during its pendency before the Zoning Hearing Board, all land development pursuant to any challenged ordinance, order or approval of the Zoning Officer or of any agency or body, and all official action thereunder, shall be stayed unless the Zoning Officer or any other appropriate agency or body certifies to the Zoning Hearing Board facts indicating that such stay would cause imminent peril to life or property, in which case, the development or official action shall not be stayed otherwise than by a restraining order, which may be granted by the Zoning Hearing Board or by the court having jurisdiction of zoning appeals on petition after notice to the Zoning Officer or other appropriate agency or body. When an application for development, preliminary or final, has been duly approved and proceedings designed to reverse or limit the approval are filed with the Zoning Hearing Board by persons other than the applicant, the applicant may petition the court having jurisdiction of zoning appeals to order such persons to post bond as a condition to continuing the proceedings before the Zoning Hearing Board. After the petition is presented, the court shall hold a hearing to determine if the filing of the appeal is frivolous. At the hearing evidence may be presented on the merits of the case. It shall be the burden of the applicant for a bond to prove the appeal is frivolous. After consideration of all evidence presented, if the court determines that the appeal is frivolous it shall grant the petition for a bond. The right to petition the court to order the appellants to post bond may be waived by the appellee but such waiver may be revoked by him if an appeal is taken from a final decision of the court. The question whether or not such petition should be granted and the amount of the bond shall be within the sound discretion of the court. An order denying a petition for bond shall be interlocutory. An order directing the responding party to post a bond shall be interlocutory.

B. If an appeal is taken by a respondent to the petition for a bond from an order of the court dismissing a zoning appeal for refusal to post a bond and the appellate court sustains the order of the court below to post a bond, the respondent to the petition for a bond, upon motion of the petitioner and after hearing in the court having jurisdiction of zoning appeals, shall be liable for all reasonable costs, expenses, and attorney fees incurred by the petitioner.

§ 205-155 Appeal.

Any person, taxpayer, or the Township aggrieved by any decision of the Zoning Hearing Board may within 30 days after such decision of the Zoning Hearing Board seek review by the Court of Common Pleas of such decision in the manner provided by the laws of the Commonwealth of Pennsylvania and Article X-A of the Act.[1]

[1] Editor's Note: See 53 P.S. § 11001-A et seq.

§ 205-156 Mediation option.

A. Parties to proceedings before the Zoning Hearing Board may utilize mediation as an aid in completing such proceedings. In no case shall the Zoning Hearing Board, initiate, mediate or participate as a mediating party. Mediation shall supplement, not replace, those procedures in this Article VII once they have been formally initiated.

B. Participation in mediation shall be wholly voluntary. The appropriateness of mediation shall be determined by the particulars of each case and the willingness of the parties to negotiate. The Township shall assure that, in each case, the mediating parties, assisted by the mediator as appropriate, develop terms and conditions for:

(1) Funding mediation;

(2) Selecting a mediator who, at a minimum, shall have a working knowledge of municipal zoning and subdivision procedures and demonstrated skills in mediation;

(3) Completing mediation, including time limits for such completion.

(4) Suspending time limits otherwise authorized by the Act, provided there is written consensus by the mediating parties, and by an applicant or municipal decision-making body if either is not a party to the mediation;

(5) Identifying all parties and affording them the opportunity to participate;

(6) Subject to legal restraints, determining whether some or all of the mediation sessions shall be open or closed to the public;

(7) Assuring that mediated solutions are in writing and signed by the parties, and become subject to review and approval by the appropriate decision-making body pursuant to the authorized procedures set forth in the Act.

C. No offers or statements made in the mediation sessions, excluding the final written mediated agreement, shall be admissible as evidence in any subsequent judicial or administrative proceedings.