Parties Appellant Before Board.
Appeals from a decision of the Zoning Officer and proceedings to challenge the validity of the ordinance may be filed with the Board in writing, by any officer or agency of the Township or any person aggrieved. Requests for a variance or special exception, however, must be filed with the Board by an affected landowner or any authorized agent of such landowner.
Hearings Required and Notice of Hearings.
The Board shall conduct hearings on any appeal, variance, special exception, challenge or other matter requiring the Board's decision or other official action. Upon the filing with the Zoning Hearing Board of an appeal or application, the Board shall fix a reasonable time and place for a public hearing thereon and give notice as follows:
1. Publish public notice in accordance with §
27-107 of the Municipalities Planning Code.
2. Post, in a conspicuous place on the property involved, a notice of pending action; such posting is to take place at least 15 days prior to the public hearing.
3. Give written notice of all applicable Zoning Hearing Board and Planning Commission meetings to parties whose properties adjoin or are across public streets from the property in question.
The Board shall prescribe rules for the conduct of its meetings, such rules to be in conformance with the Pennsylvania Municipalities Planning Code and this chapter. Meetings shall be held at the call of the chairman and at such other times as the Board may specify in its rules of procedure. Meetings shall be open to the public, and a quorum of two members shall be required for the Board to take action.
Records and Decisions.
1. The Board shall keep a stenographic record of the proceedings and a transcript of the proceedings and copies of graphic or written material received in evidence shall be made available to any party at cost.
2. The Board shall keep full public records of its business and shall submit a report of its activities to the Board of Supervisors once a year.
3. The Board shall render a written decision or, when no decision is called for, make written findings on the application within 45 days after its last hearing. Each decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons therefor.
Appeal to Court.
Any person aggrieved by any decision of the Zoning Hearing Board may within 30 days after such decision of the Board appeal to the Court of Common Pleas of York County, Pennsylvania, by petition duly verified, setting forth that such decision is arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law and specify the grounds on which he relies. Such appeals shall be made in accordance with Part 10 of the Pennsylvania Municipalities Planning Code (Act 247).
