Upper Makefield Township

The Upper Makefield Township Zoning Hearing Board (ZHB) is a volunteer Board with 5 members appointed by the Board of Supervisors.  Each municipality has a ZHB which is responsible to help assure the fair and equitable application and administration of the Zoning Ordinance.  As a quasi-judicial body, the ZHB operates independently of the elected board, conducting hearings to review applications for variances or special exceptions from the Zoning Ordinance.  It also hears appeals from the actions of the Zoning Officer.  As part of its quasi-judicial nature, the ZHB is required by law to have separate legal counsel.

About zoning hearings

Zoning hearings are similar to any judicial or court room proceeding in which witnesses are sworn in and cross examined, exhibits are introduced and a stenographic record is kept.  

The operation of the ZHB is dictated by the Municipalities Planning Code (MPC), which is the state legislation that governs zoning and planning in Pennsylvania.  The MPC includes very specific timing and notification requirements.  For example, a Zoning Hearing Board must hold a hearing within sixty days of receiving an application and must provide public notice of the hearing. In addition, any Decision of the ZHB must be issued within forty-five days of the conclusion of the hearing.  If any of the time requirements of the MPC are not met, the application may be deemed approved.

Any decision of the ZHB may be appealed to the Court of Common Pleas within 30 days.