MapLink™ | Procedures | Appeals to the Zoning Board

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Appeals to the Zoning Board
Parties appellant before the Board.
(1) Appeals to the Zoning Hearing Board under § 84-72A(1)§ 84-72A(3)§ 84-72A(4)§ 84-72A(7)§ 84-72A(8) and § 84-72A(9) may be filed with the Board, in writing, by the landowner affected, any officer or agency of the Township or any person aggrieved. Requests for variances under § 84-72B and for special exception under § 84-72C(1) may be filed with the Board by any landowner or any tenant with the permission of such landowner.
(2) Upon filing an appeal under this section and during its pendency before the 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 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 then by a restraining order, which may be granted by the Board or by a 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 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 Board.
Appeals, applications or challenges shall be initiated before this Board by filing with the Zoning Officer a petition which shall state:
(1) The name and address of the applicant.
(2) The name and address of the owner of the real estate to be affected by the proposed relief.
(3) A brief description and location of the real estate to be affected by such proposed relief.
(4) A statement of the present zoning classification of the real estate in question, the date of acquisition thereof and the present use thereof.
(5) A statement of the section of this chapter under which an exception is requested or variance sought or to which challenge as to the validity is made and a statement of the specific relief sought and the provisions applicable thereto.
(6) A reasonably accurate description of the present improvements and the additions intended to be made shall accompany the application, indicating the size of such proposed improvements, materials and general construction thereof and sufficient information to display compliance with the area, bulk and setback requirements and design standards of this chapter, together with six copies of the plot plan of the real estate to be affected, prepared by a registered engineer or registered land surveyor, indicating the location and size of the lot and size of the improvements now erected and proposed to be erected showing all dimensions, computations, areas, percentages and measurements necessary to demonstrate compliance with all the applicable zoning regulations and six copies of the application for building permit, showing the Zoning Officer's action with respect thereto.

Time limitation.
(1) 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 an 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 by the Zoning Officer on a challenge to the validity of this chapter or the Zoning Map pursuant to MPC Section 916.2 shall preclude an appeal from a final approval except in the case where the final submission substantially deviates from the approved preliminary approval.
(2) All appeals from determinations adverse to the landowner shall be filed by the landowner within 30 days after notice of the determination is issued.

Application deposits and charges against deposits.
(1) Upon submission of any application to the Zoning Hearing Board, the applicant shall deposit as part of the application with the Township Zoning Officer or other administrative officer receiving the application the filing fee designated by resolution of the Board of Supervisors then in effect.
(2) Additional deposits. If at any time the charges then made against the applicant's deposit shall render the balance insufficient to insure the payment of all costs, expenses, charges and fees that may accrue in the disposition of the pending application, the Zoning Hearing Board may require additional deposits to be made from time to time to assure adequate funds to pay such charges, costs, expenses and fees as they may accrue. The failure of the Zoning Hearing Board to demand additional deposits from time to time shall not relieve the applicant of liability for costs, charges, fees and expenses in excess of deposits, hereinafter called deficiencies.
(3) Upon failure of the applicant to pay the deposits, additional deposits or deficiencies within 30 days or prior to the next scheduled hearing (whichever be the earlier date), the Board may:
(a) Continue the matter generally until such deposits, additional deposits or deficiencies are paid, in which case the record shall remain open and the time within which a decision must be rendered shall not commence to run;
(b) Dismiss applicant's appeal in which case no new appeal may be filed if the time for filing an appeal as set forth in § 84-72F above has expired;
(c) Determine the appeal upon the record as it then stands; or
(d) Take such other action as it deems proper under the circumstances.

Representation before the Board. Any applicant may appear in propria persona or may be represented by an attorney at law, duly admitted to practice in the Courts of the Commonwealth of Pennsylvania. No persons not admitted to practice before the Courts of the Commonwealth of Pennsylvania as an attorney at law shall represent any other person, firm or corporation before the Board; provided, however, that representation of a corporate applicant by its responsible officers shall be deemed for the purpose of this provision representation in propria persona. The Board shall have power in its discretion to waive this rule.

Notice of public hearing, see § 84-72I
Notices of decisions of the Zoning Hearing Board shall be sent to all persons designated in Subsection § 84-72I(2)(a)[2]§ 84-72I(2)(a)[3]§ 84-72I(2)(a)[4]§ 84-72I(2)(a)[5]§ 84-72I(2)(a)[8]§ 84-72I(2)(a)[10] and § 84-72I(2)(a)[11]. The notices shall state the matter under consideration, the nature of the decision rendered and the place within the Township where a true and correct copy of the decision may be examined by any person interested.
True and correct copies of the decision of the Zoning Hearing Board shall be sent to those persons designated in Subsection§ 84-72I(2)(a)[1]§ 84-72I(2)(a)[6]§ 84-72I(2)(a)[7]§ 84-72I(2)(a)[9] and § 84-72I(2)(a)[12]. True and correct copies of the decision shall also be sent to any person who has formally appeared as a party to such proceedings and to the attorney of any such person who has appeared as a party to such proceedings. The decision shall be rendered and served upon the persons herein described and as required in accordance with the provisions of MPC Section 908(9) and (10).