East Hanover Township Lebanon County
City Zoning Code
City Zoning Code
ARTICLE XXVII
Zoning Hearing Board: Establishment and Procedure
§ 250-263 Establishment.
A Zoning Hearing Board shall be established. The membership of the Board shall upon the determination of the Township Supervisors, consist of either three or five residents of the municipality appointed by the Township Supervisors. The terms of office of a three-member board shall be three years and shall be so fixed that the term of office of one member shall expire each year. The terms of office of a five-member board shall be three years and shall be so fixed that the term of office of no more than two members of a five-member board shall expire each year and of the initial appointments of the two additional members, one shall be appointed for a one-year term and one shall be appointed for a two-year term. Members of the Zoning Hearing Board may be removed from office by the Township Supervisors for cause upon written charges and after public hearing. Vacancies shall be filled by resolution of the Township Supervisors for the unexpired term of the member affected. Members of the Zoning Hearing Board shall hold no other office in the municipality except that no more than one member of the Board may also be a member of the Planning Commission.
§ 250-264 Proceedings of the Zoning Hearing Board.
A.
The Zoning Hearing Board shall adopt rules necessary to conduct its affairs, in keeping with the provisions of this chapter and Act 247.[1] Meetings shall be held at the call of the Chairman and at such other times as the Board may determine. The Chairman, or in his absence the acting Chairman, may administer oaths and compel the attendance of witness. All meetings shall be open to the public.
[1]
Editor's Note: See 53 P.S. § 10101 et seq., the Municipalities Planning Code.
B.
The Zoning Hearing Board shall follow all procedures as established by Act 247.
§ 250-265 Hearings, appeals, and notice.
A.
Appeals to the Zoning Hearing Board concerning interpretation or administration of this chapter may be taken by any person aggrieved or by any office or bureau of the governing body of the Township affected by any decision of the Zoning Administrator. Such appeals shall be taken within a reasonable time, not to exceed 60 days or such lesser period as may be provided by the rules of the Board, by filing with the Zoning Administrator and with the Zoning Hearing Board a notice of appeal specifying the grounds thereof. The Zoning Administrator shall forthwith transmit to the Board all papers constituting the record from which the action appealed was taken.
B.
The Zoning Hearing Board shall fix a reasonable time for the hearing of an appeal, give public notice thereof as well as due notice to the parties in interest, and decide the same within 45 days after the hearing. However, where a hearing has been continued (e.g., scheduling further testimony, conducting a site inspection or accepting briefs), the decision shall be rendered within 45 days of the final hearing on the case.
C.
Conduct of the Zoning Hearing Board shall be in accordance with Article IX of Act 247.[1] The concurring vote of two members on a three member Board or three members on a five member Board shall be necessary to reverse any order, requirement, decision, or determination of the Zoning Administrator, or to decide in favor of the petitioner on any matter upon which it is required to pass under this chapter, or to effect any variation in the application of this chapter.
[1]
Editor's Note: See 53 P.S. § 10901 et seq.
§ 250-266 Stay of procedures.
An appeal stays all proceedings in furtherance of the action appealed from unless the Zoning Administrator from whom the appeal is taken certifies to the Zoning Hearing Board after notice of appeal is filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Zoning Hearing Board or by a court of record on application, or notice to the Zoning Administrator from whom the appeal is taken and due cause shown.