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MapLink™ Procedures | Appeals

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Appeals
Appeal from the Zoning Officer.
 
(1) The Zoning Hearing Board shall hear and decide appeals where it is alleged by the appellant (the landowner affected, any office or agency of the Township, or any person aggrieved) that the Zoning Officer has:
(a) Failed to follow prescribed procedures.
(b) Failed to grant or deny a permit.
(c) Failed to act on an application for a permit.
(d) Improperly issued a cease-and-desist order.
(e) Misinterpreted or misapplied any valid provision of this chapter including all appendices or any valid rule or regulation governing the action of the Zoning Officer.

(2) All appeals which allege that the Zoning Officer has made an error shall be filed directly with the Secretary of the Zoning Hearing Board within 60 days of the Zoning Officer's alleged error.

(3) Such appeals shall be in writing and shall explain fully the facts and parties in the case and shall clearly state the reasons or provisions of this chapter on which the appeal is based.

(4) Nothing contained herein shall be construed to deny the appellant the right to proceed directly in court, pursuant to Pennsylvania Rules of Civil Procedure 1091-1098 (relating to mandamus).

Other appeals.
 
(1) The Zoning Hearing Board shall also hear appeals from the determination of any Township official, board, officer, or agency charged with the administration of any transfers of development rights or performance density provisions of this chapter.

(2) The Zoning Hearing Board shall also hear appeals from the determination of the Zoning Officer or Township Engineer in the administration of any land use ordinance or provision thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relate to development not involving the provisions of the Lower Macungie Township subdivision and land development Ordinance [Chapter 22A] or the planned cluster development sections of this chapter.]

(3) The Zoning Hearing Board shall also hear appeals from the Zoning Officer's determination under § 916.2 of the Municipalities Planning Code, 53 P.S. § 10916.2.

Unified appeals.
 
(1) Where the Zoning Hearing Board has jurisdiction over any zoning matter pursuant to this section, it shall also hear all appeals which an applicant may elect to bring before it with respect to any Township ordinance or requirements pertaining to the same development plan or development.

(2) In such case, the Zoning Hearing Board shall have no power to pass upon the nonzoning issue, but shall take evidence and make a record thereon as provided in § 27-2605. At the conclusion of the hearing, the Zoning Hearing Board shall make findings on all relevant issues of fact which shall become part of the record on appeal to the court.

Court appeals.
 
(1) In the case of an appeal from the Zoning Hearing Board to the Court of Common Pleas, the Zoning Hearing Board shall make the return required by law, and shall promptly notify the Township Solicitor of such appeal and furnish him with a copy of the return including the transcript of testimony.

(2) Any decision of the Zoning Hearing Board not appealed within 30 days after notice thereof shall be final.