The Board shall conduct hearings and make decisions
in accordance with the following requirements:
A. Public notice shall be given and written notice shall
be given to the applicant, the Zoning Officer, such other persons
as the Township 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 Board.
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.
(1) The Township 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.
(2) 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.
B. The 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; 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 Board
and accept the decision or findings of the hearing officer as final.
[Amended 6-17-2003 by Ord. No. 204-2003]
C. The parties to the hearing shall be the municipality,
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.
D. 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.
E. 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.
F. Formal rules of evidence shall not apply, but irrelevant,
immaterial or unduly repetitious evidence may be excluded.
G. 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.
H. 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.
I. Presentation of case; decision or findings.
[Amended 6-17-2003 by Ord. No. 204-2003]
(1) The first hearing before the Board or hearing officer
shall be commenced 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 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 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 additional hearings.
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.
(2) 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 chapter or of any ordinance,
rule or regulation shall contain a reference to the provision relied
on and the reasons why the conclusions are 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 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 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. Except
for challenges filed under Section 916.1 of the Pennsylvania Municipalities
Planning Code, where the Board fails to render the decision within the period required by this subsection or fails to commence, conduct or complete the required hearing as provided in Subsection
I(1), 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 Board to meet or render a decision as hereinabove 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 in Subsection
A of this section. If the 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.
J. 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 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 findings
and a statement of the place at which the full decision or findings
may be examined.
Nothing contained in this chapter shall be construed
to deny the appellant the right to proceed directly to court where
appropriate, pursuant to the Pennsylvania Rules of Civil Procedure
No. 1091 (relating to action in mandamus).
[Amended 6-17-2003 by Ord. No. 204-2003]
A. Where the Board, in this chapter, has stated conditional
uses to be granted or denied by the Board pursuant to express standards
and criteria, the Board shall hold hearings on and decide requests
for such conditional uses in accordance with such standards and criteria.
The hearing 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 may be made by the
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 Board and accept the decision
or findings of the hearing officer as final. In granting a conditional
use, the Board may attach such reasonable conditions and safeguards,
in addition to those expressed in this chapter, as it may deem necessary
to implement the purposes of this act in this chapter.
B. Decision; appeals.
(1) The Board shall render a written decision or, when
no decision is called for, make written findings on the conditional
use application within 45 days after the last hearing before the Board.
Where the application is contested or denied, each decision shall
be accompanied by findings of fact or conclusions based thereon, together
with any 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 the light of the facts found.
(2) Where the Board fails to render the decision within the period required by this subsection or fails to commence, conduct or complete the required hearing as provided in §
184-189I(1), 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 Board to meet or render a decision as hereinabove provided, the Board shall give public notice of the decision within 10 days from the last day it could have met to render a decision in the same manner as required by the public notice requirement of this section. If the Board shall fail to provide such notice, the applicant may do so.
(3) Nothing in this subsection shall prejudice the right
of any party opposing the application to appeal the decision to a
court of competent jurisdiction. 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 no later than the day
following its date.
Unless otherwise specified by the Board, a special
exception or variance shall expire if the applicant fails to obtain
a zoning permit, where required, within 18 months from the date of
authorization of the special exception or variance.
The Secretary of the Zoning Hearing Board shall
forward a copy of any application for a special exception or variance
to the Township Planning Commission and Township Supervisors for the
opportunity to review and comment at least 30 days prior to the hearing
held by the Board on such application.
When an application for either a special exception,
variance or a conditional use has been filed with either the Zoning
Hearing Board or Township Supervisors and the subject matter of such
application would ultimately constitute either a land development
or a subdivision, as defined, no change or amendment of the zoning,
subdivision or other governing ordinance or plans shall affect the
decision on such application adversely to the applicant, and the applicant
shall be entitled to a decision in accordance with the provisions
of the governing ordinances or plans as they stood at the time the
application was duly filed. Provided, further, that should such an
application be approved by either the Zoning Hearing Board or Township
Supervisors, as relevant, the applicant shall be entitled to proceed
with the submission of either land development or subdivision plans
within a period of six months or longer or as may be approved by either
the Zoning Hearing Board or the Township Supervisors following the
date of such approval in accordance with the provisions of the governing
ordinances or plans as they stood at the time the application was
duly filed before either the Zoning Hearing Board or Township Supervisors,
as relevant. If either a land development or subdivision plan is so
filed within said period, such plan shall be subject to the provisions
of the Township land regulations.