East Caln Township City Zoning Code

The 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 needed and shall not be less than a majority of all the members of the Board.

The Board may appoint a hearing officer from its membership to conduct any hearing on its behalf and the parties may waive further action by the Board as provided in § 225-40. The Board may make, alter and rescind rules, forms and procedures consistent with ordinances of the Township and laws of the Commonwealth. The Board shall keep full public records of its business, which records shall be the property of the Township, an shall submit a report of its activities to the Board of Supervisors whenever requested by the Board of Supervisors.

Within the limits of funds appropriated by the Board of Supervisors, the Board may employ or contract for secretaries, clerks, legal counsel, consultants and other technical and clerical services. Members of the Board and alternates may receive compensation for the performance of their duties, as may be fixed by the Board of Supervisors, but in no case shall such compensation exceed the rate of compensation authorized to be paid to the members of the Board of Supervisors.

The applicant and appellants ("applicants") before the Board shall deposit with the Treasurer of the Township such a sum of money as shall be prescribed by the Board of Supervisors to pay the costs ("costs") of Board expenses attendant to hearings. These costs shall include, but need not be limited to, notice and advertising cost, one-half of the stenographers' appearance fees, administrative overhead expenses occasioned by the proceedings including the compensation paid to the Secretary and Board members. Any funds deposited in excess of the actual cost of the requested hearing shall be returned to the applicants upon completion of the proceedings. In the event that the costs exceed the funds deposited, applicants shall pay to the Treasurer of the Township funds equal to such excess costs within 10 business days from the mailing by the Township Treasurer of a statement itemizing the costs.

The Board shall fix a reasonable time and place for public hearings and shall give notice thereof as follows:

The hearing shall commence no later than 60 days from the time the application is received, unless the applicant agrees to an extension in writing.

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 applicant, appellant and Township may waive decision or findings by the Board and accept the decision or findings of the Hearing Officer as final.

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 person, including civic or community organizations permitted to appear by the Board. All, except the Township, who wish to be considered parties must enter appearances in writing on forms provided by the Board.

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 production of relevant documents requested by the parties of the Board.

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.

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

The Board or the Hearing Officer, as the case may be, shall keep a stenographic record of the proceedings. 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 is 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.

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 the 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 representatives unless all parties are given an opportunity to be present.

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 least 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 the Act, this or other ordinance or any rule or regulation shall contain a reference to the provisions 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 Board shall make his report and recommendations available to the parties within the above 45 days and the parties shall be entitled to make written representations thereon to the Board prior to the final decision or entry of findings, and the Board's decision shall be entered no later then 30 days after the report of the Hearing Officer. Where the Board fails to render the decision within the period required by this subsection or fails to commence the required hearing within 60 days from the date a properly completed application is received, 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 failure of the Board to meet or render a decision as hereinabove provided, the Board shall give public notice of said decision, in the same manner as provided in Subsection A of this section, within 10 days from the last day it could have met to render a decision.

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 by certified or registered mail not later than the next business 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 certified or registered 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.

Substantive challenges to the validity of this or any other land use ordinance, except challenges/requests brought to the Board of Supervisors for a curative amendment.

Challenges to the validity of this or any other land use ordinance raising procedural questions or alleged defects in the process of enactment or adoption. Such challenges shall be raised by an appeal taken within 30 days after the effective date of the challenged ordinance.

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.

Appeals from the determination by the Township Engineer or Zoning Officer with reference to the administration or provisions of the floodplain or flood hazard regulations of this or any other chapter.

Application for variances from the terms of this chapter.

Applications for special exception under the terms of this chapter.

Appeals from the determination of any officer or agency charged with the administration of performance density provisions of this chapter.

Appeals from the Zoning Officer's determination under § 916.2 of the Act.

Grant temporary use permits pursuant to § 225-31D, herein.

Appeals from the Zoning Officer's determination for reasonable accommodations or modifications requested by or on behalf of individuals with disabilities.

Challenge to the validity of Zoning Ordinance or Map. As provided for in § 225-41A and B the Board shall hear substantive challenges to the validity of this chapter, other land use ordinances or the Zoning Map including questions of an alleged defect in the process of enactment or adoption. In all such challenges, the Board shall take evidence, make a record and render a decision thereon as provided in § 225-40.

Appeals from the Zoning Officer. As provided for in § 225-41C, D, G and H the Board shall hear and decide appeals where it is alleged by the appellant that the Zoning Officer or Township Engineer has failed to follow prescribed procedures or has misinterpreted or misapplied any provision of a valid ordinance or map or any valid rule or regulation governing the action of the Zoning Officer or Township Engineer.

Variances.

Special exceptions.

No person shall be allowed to file any proceeding with the Board later than 30 days after an application for development, preliminary or final, has been approved by the appropriate Township officer, agency or body 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, 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. The failure of anyone other than the landowner to appeal from an adverse decision on a tentative plan pursuant to § 709 of the Act or from an adverse decision by the Zoning Officer on a challenge to the validity of an ordinance or map pursuant to § 916.2 of the Act shall preclude an appeal from final approval except in the case where the final submission substantially deviates from the approved tentative approval.

All appeals from determinations adverse to the landowner shall be filed by the landowner within 30 days after notice of determination is issued.