1. Burden of proof.
The burden of proof shall always be on the applicant before the Zoning Hearing Board to sustain his appeal before the Zoning Hearing Board, and in any application for a special exception, the burden shall be upon the applicant to prove that approval of the application will not be detrimental to the health, safety and general welfare of the community.
2. Meetings, hearings and notices.
A. Upon the filing with the Board of an appeal or of an application for any matter within its jurisdiction, the Board shall fix a reasonable time and place for a public hearing thereon, and shall:
(1) Provide public notice, written notice to the applicant and post the building or lot in question, as provided by the Pennsylvania Municipalities Planning Code, as amended.
(2) Mail notice thereof to every resident or association of residents of the Township who shall have registered, in writing, their names and addresses for this purpose with the Zoning Hearing Board or the Township Manager on or after January 1 of the calendar year when said public hearing is held but prior to the conclusion of any such public hearing. Any such registration of name(s) effected prior to January 1 of any calendar year in which a public hearing is held by the Zoning Hearing Board will not be recognized as a registration for the purpose of this section.
(3) Mail notice thereof to the owner or owners, if their residence is known, or to the occupier or occupiers of every lot within 500 feet of said lot or building, provided that failure to give a notice required by this subsection shall not invalidate any action taken by the Board.
B. Notices herein required shall state the location of the building or lot and the general nature of the question involved.
3. Evidence.
The Zoning Hearing Board shall consider in making its official findings or decisions only evidence properly submitted at hearings, with the exception of legal briefs, provided that all parties are given an equal opportunity to submit legal briefs and any responses thereto, but the allowance of the submission of such legal briefs and responses thereto shall be entirely within the discretion of the Zoning Hearing Board. Information from federal, state or county agencies when submitted on official stationery shall be admitted as evidence only at public hearings, and the Zoning Hearing Board, in its sole discretion, shall determine the weight to be given to such evidence. Information from the Whitemarsh Township Planning Commission or from any other Township agency, board, commission or committee shall be submitted to the Zoning Hearing Board only at public hearings as authorized by the Board of Supervisors or the Township Manager, but this shall not prevent any member of an official agency, board, commission or committee of Whitemarsh Township from appearing and being heard as a private citizen.
4. Expiration of granted appeals.
A. Unless otherwise specified by the Board, all approvals granted by the Zoning Hearing Board shall automatically expire 365 days after the date of the decision unless:
(1) The applicant has acted upon the approval by obtaining the required permit(s) and paying the prescribed fees for same; or
(2) The Zoning Hearing Board decision is on appeal to the courts, at which point the approval, if upheld on appeal, shall expire 365 days after final determination on appeal.
B. The Zoning Hearing Board may extend the expiration date of approvals for a period of 180 days upon request by the applicant, provided that the applicant is, in the opinion of the Zoning Hearing Board, diligently pursuing governmental and/or regulatory approvals as required. Requests for extensions shall be in writing and submitted to the Zoning Hearing Board at least 30 days before any applicable expiration date. Only one extension may be provided for any application.
5. Fees.
The fees for applications to the Zoning Hearing Board, for cost of stenographic record of the same, and for subpoenas, shall be in accordance with a schedule adopted by resolution of the Board of Supervisors.
See
Fee Schedule for more information.
6. Variances and special exceptions.
A. The Zoning Hearing Board may refer any application and accompanying documentation pertaining to any requests for special exceptions, variances or appeals of decisions of the Zoning Officer, to any engineer or other qualified person or agency for technical assistance in evaluating the proposed project in relation to flood heights and velocities, and the adequacy of the plans for protection and other related matters.
B. The Zoning Officer shall notify the applicant in writing that:
(1) The issuance of a variance or special exception to construct a structure below the base flood level will result in increased premium rates for flood insurance; and
(2) Such construction below the base flood level increases risks to life and property.
