The Borough Council shall continue to appoint
a Zoning Hearing Board consisting of three members who are residents
of the Borough of Pleasant Hills. The Zoning Hearing Board appointed
and serving in accordance with the terms of Ordinance No. 36 of the
Borough of Pleasant Hills, the Zoning Ordinance adopted 1-5-1949,
shall continue in office without interruption. As the terms of office
of the members of said Board expire, their successors shall be appointed
to serve three years. Vacancies shall be filled for the unexpired
portion of the term of any member whose term becomes vacant within
30 days after such vacancy first occurs.
Borough Council may appoint by resolution at least one, but no more than three, residents of the Borough to serve as alternate members of the Board. The term of office of an alternate member shall be three years. When seated pursuant to the provisions of § 374-98 below, an alternate shall be entitled to participate in all proceedings and discussions of the Board to the same and full extent as provided by law for Board members, including specifically the right to cast a vote as a voting member during the proceedings, and shall have all the power and duties set forth in this chapter and as otherwise provided by law. Alternates shall hold no other office in the Borough, including membership on the Planning Commission and Zoning Officer. Any alternate may participate in any proceeding or discussion of the Board but shall not be entitled to vote as a member of the Board unless designated as a voting alternate member pursuant to § 374-98 below.
If, by reason of absence or disqualification
of a member, a quorum is not reached, the Chairman of the Board shall
designate as many alternate members of the Board to sit on the Board
as may be needed to provide a quorum. Any alternate member of the
Board shall continue to serve on the Board in all proceedings involving
the matter or case for which the alternate was initially appointed
until the Board has made a final determination of the matter or case.
Designation of an alternate pursuant to this section shall be made
on a case-by-case basis in rotation according to declining seniority
among all alternates.
The Zoning Hearing Board shall, at its first
meeting of each year, elect one member of the Zoning Hearing Board
to serve as Chairman. In addition, it shall elect a Secretary who
need not be a member of the Board.
The Zoning Hearing Board shall adopt rules and
regulations in accordance with the provisions of this chapter as are
necessary to reasonably conduct the business of the Board.
A.
Meetings of the Zoning Hearing Board shall be held
at the call of the Chairman, or at the call of any two members of
the Board, and at such other times as the Board may determine. The
Chairman, or in his absence the Acting Chairman, may administer oaths
and compel the attendance of witnesses.
B.
All meetings of the Board shall be open to the public.
The Board shall keep minutes of its proceedings, showing the vote
of each member upon each question, or if absent or failing to vote,
indicating such fact, and shall keep records of its examinations and
other official actions, all of which shall be immediately filed in
the office of the Borough Secretary and shall be a public record.
A.
Within the limits of funds appropriated by Borough
Council, the Board may employ or contract for secretaries, clerks,
legal counsel, consultants and other technical and clerical services.
B.
Borough Council may prescribe reasonable fees with
respect to hearings before the Zoning Hearing Board. Fees for said
hearings may include compensation for the secretary and members of
the Zoning Hearing Board, notice and advertising costs and necessary
administrative overhead connected with the hearing. The costs, however,
shall not include legal expenses of the Zoning Hearing Board, expenses
for engineering, architectural or other technical consultants or expert
witness costs.
The appearance fee for the stenographer shall
be shared equally by the applicant and the Board. The cost of the
original transcript shall be paid by the Board, if the transcript
is ordered by the Board or Hearing Officer, or shall be paid by the
person appealing from the decision of the Board if such appeal is
made, and in either event the cost of additional copies shall be paid
by the person requesting such copy or copies. In other cases the party
requesting the original transcript shall bear the cost thereof. Copies
of written or graphic materials received into evidence shall be made
available to any party at cost.
The Zoning Hearing Board shall have all the
powers and duties prescribed by the Act of Legislature of Pennsylvania
authorizing the zoning of Boroughs, and those prescribed by this chapter,
which powers and duties are summarized and more particularly specified
as follows, provided that none of the following provisions shall be
deemed to limit any power of the Board which is conferred by the aforesaid
Act of Legislature; however, the powers of the Board shall be strictly
construed so that the spirit of this chapter is not violated:
A.
Jurisdiction of the Board. The Zoning Hearing Board
shall have exclusive jurisdiction to hear and render final adjudication
in the following matters:
(1)
Substantive challenges to the validity of any
land use ordinance, except curative amendments brought before Borough
Council.
(2)
Challenges to the validity of a land use ordinance
raising procedural questions or alleged defects in the process of
enactment or adoption which challenges shall be raised by an appeal
taken with 30 days after the effective date of the ordinance.
(3)
Appeals from the determination of the Zoning
Officer, including, but not limited to, the granting or denial of
any permit, or failure to act on the application therefor, the issuance
of any cease and desist order or the registration or refusal to register
any nonconforming use, structure or lot.
(4)
Appeals from a determination by the Borough
Engineer or the Zoning Officer with reference to the administration
of any floodplain or flood hazard ordinance or such provisions within
a land use ordinance.
(5)
Applications for variances from the terms of
this chapter and flood hazard ordinance or such provisions within
a land use ordinance.
(6)
Applications for special exceptions under this
chapter or floodplain or flood hazard ordinance or such provisions
within a land use ordinance.
(7)
Appeals from the Zoning Officer’s determination
under Section 916.2 of the Pennsylvania Municipalities Planning Code
(Act 247, as amended), 53 P.S. § 10916.2.
(8)
Appeals from the determination of the Zoning
Officer or Borough 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 subdivision and land development.
B.
Variances. Upon appeal from a decision of the Zoning
Officer in accordance with the provisions of this chapter and the
rules of procedure of the Board, the Board shall have the power to
vary or adjust the strict application of the requirements of this
chapter in the case of an exceptionally irregular, narrow, shallow
or steep lot or other exceptional physical condition not provided
for in the district regulations or as a special exception, where strict
application would result in practical difficulty or unnecessary hardship
that would deprive the owner of the reasonable use of the land or
structures involved, but in no other case. No variance in the strict
application of any provisions of this chapter shall be granted by
the Board unless it finds:
(1)
That there are special circumstances or conditions,
fully described in the findings of the Board, applying to the land
or structure for which the variance is sought, which circumstances
or conditions:
(a)
Are peculiar to such land or structure and do
not apply generally to land or structures in the neighborhood, and
have not resulted from any act of the appellant or his predecessors
in title subsequent to the adoption of this chapter, whether in violation
of the provisions hereof, or not.
(b)
Are such that strict application of the provisions
of this chapter would deprive the appellant of the reasonable use
of such land or structure.
The Board shall have the power to hear and decide
all applications for special exceptions to the terms of this chapter
in such cases as are herein expressly provided for in other sections
of this chapter in harmony with the general purpose and intent of
this chapter, with the power to impose appropriate conditions and
safeguards as the Board may deem necessary for the protection of adjacent
properties and the public interest. In considering such applications,
the Board shall give due regard to the nature and condition of all
adjacent uses and structures and in interpreting and applying the
provisions of this chapter they shall be held to be the minimum requirements
for the promotion of the health, safety, morals and general welfare
of the Borough. In addition, the Board shall consider whether said
exception shall result in an unreasonable density of population in
relation to municipal water and sewers available, whether the existing
highways are adequate to serve such exception without causing traffic
congestion or unusual noise or any noise which shall annoy, disturb,
injure or endanger the comfort, health, peace or safety of others
in the operation of such activity.
In exercising the above mentioned powers, such
Board may, in conformity with the provisions of this article, reverse
or affirm, wholly or partly, or may modify the order, requirement,
decision or determination appealed from, and may make such order,
requirement, decision or determination as in its opinion should be
made. Notice of such decision shall forthwith be given to all parties
in interest.
Appeals to the Zoning Hearing Board may be taken
by any person aggrieved, or by any officer of the Borough affected
by any decision of the Zoning Officer. Such appeal shall be taken
within a reasonable time as provided by the rules of the Board, by
filing with the Zoning Officer and with the Zoning Hearing Board a
notice of appeal specifying the grounds thereof. The Zoning Officer
shall forthwith transmit to the Board all the papers constituting
the record upon which the action appealed from was taken. The Board
shall refuse to entertain any zoning appeal hereunder unless the applicant’s
notice of appeal indicates that all other Borough requirements for
a building permit have been complied with. In lieu of meeting all
such Borough requirements for a building permit before seeking a zoning
permit from the Zoning Hearing Board, the applicant will comply with
all other requirements of the Borough.
A.
No person shall file any proceeding before the Zoning
Hearing Board later than 30 days after a preliminary or final application
for development has been approved by an appropriate Borough 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.
B.
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 an ordinance or map filed pursuant to Section 916.2
of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10916.2,
shall preclude an appeal from a final approval except in the case
where the final submission substantially deviates from the approved
tentative approval.
C.
All appeals from determinations adverse to the landowner
shall be filed by the landowner within 30 days after notice of the
determination is issued.
All applications and appeals to the Zoning Hearing
Board shall be accompanied by the required fee in accordance with
the fee schedule established by resolution of Borough Council. A copy
of the fee schedule shall be available in the office of the Zoning
Officer.
A.
Upon filing of any proceeding 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 than by a restraining order,
which may be granted by the Board or by the 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. The
question whether or not such petition should be granted and the amount
of the bond shall be within the sound discretion of the court.
B.
All appeals from decisions rendered by the Zoning
Hearing Board shall be taken to the Allegheny County Court of Common
Pleas and shall be filed within 30 days after the entry of the decision
or, in the case of a deemed decision, within 30 days after the date
upon which notice of said deemed decision is given.
A.
The Zoning Hearing Board shall fix a reasonable time
for the hearing of the appeal within 60 days of receipt of the application,
give public notice thereof, as well as due notice to the parties in
interest, and decide the same within 45 days after the hearing or
if said hearing is continued, within 45 days after said continued
hearing.
B.
Where the Board fails to render the decision within
the required 45 days or fails to hold the public hearing within 60
days of the date of the applicant’s request for a hearing, the
decision shall be deemed to have been rendered in favor of the applicant,
unless the applicant has agreed, in writing or on the record, to an
extension of time.
C.
When a decision has been rendered in favor of the
applicant because of the failure of the Board to meet or render a
decision within the time required, the Board shall give public notice
of said decision within 10 days of the last day it could have met
to render a decision. If the Board shall fail to provide such notice,
the applicant may do so. Nothing in this subsection shall prejudice
the right of any party opposing the application to appeal the decision
to a court of competent jurisdiction.
The Zoning Hearing Board, upon reaching any
decision on any appeal filed to it, shall forward a copy of such decision
to the Borough Secretary of the Borough of Pleasant Hills.
Parties to proceedings authorized in this article
within the jurisdiction of the Zoning Hearing Board may utilize mediation
as an aid in completing such proceedings. In proceedings before the
Zoning Hearing Board, in no case shall the Zoning Hearing Board initiate
mediation or participate as a mediating party. Mediation shall supplement,
not replace, those procedures in this section once they have been
formally initiated. Nothing in this Section shall be interpreted as
expanding or limiting municipal police powers or as modifying any
principles of substantive law.
A.
Participation in mediation shall be wholly voluntary.
The appropriateness of mediation shall be determined by the particulars
of each case and the willingness of the parties to negotiate. The
Borough, in offering the mediation option, shall assure that in each
case, the mediating parties, assisted by the mediator as appropriate,
develop terms and conditions for:
(1)
Funding mediation.
(2)
Selecting a mediator who, at a minimum, shall
have a working knowledge of municipal zoning and subdivision procedures
and demonstrated skills in mediation.
(3)
Completing mediation, including time limits
for such completion.
(4)
Suspending time limits otherwise authorized
in this chapter or in the Pennsylvania Municipalities Planning Code
(Act 247, as amended) governing proceedings before the Zoning Hearing
Board or Borough Council, as the case may be, provided that there
is written consent by the mediating parties, and by an applicant or
Borough decision-making body, if either is not a party to the mediation.
(5)
Identifying all parties and affording them the
opportunity to participate.
(6)
Subject to legal restraints, determining whether
some or all of the mediation sessions shall be open or closed to the
public.
(7)
Assuring that mediated solutions are in writing
and signed by the parties, and become subject to review and approval
by the appropriate decision-making body pursuant to the authorized
procedures set forth in this chapter.
B.
No offers or statements made in the mediation sessions,
excluding the final written mediated agreement, shall be admissible
as evidence in any subsequent judicial or administrative proceedings.
