In order that the objectives of this chapter may be more fully
and equitably achieved and a means for competent interpretation of
the chapter provided, the Borough Council shall maintain a Zoning
Hearing Board.
The Zoning Hearing Board shall elect from its own membership
its officers, who shall serve annual terms as such and may succeed
themselves. For the conduct of any hearing and the taking of any action,
a quorum shall be not less than a majority of all the members of the
Zoning Hearing Board, but the Board may appoint a hearing officer
from its own membership to conduct a hearing on its behalf, in accordance
with the Pennsylvania Municipalities Planning Code (the Act), as amended.
The Zoning Hearing Board may make, alter and rescind rules and forms
for its procedure, consistent with ordinances of the Borough and laws
of the commonwealth.
All meetings other than executive sessions shall be open to
the public and shall be at the call of the Chairman and at such other
times as the Board shall specify in its rules of procedure.
Within the limits of funds appropriated by the Borough, the
Zoning Hearing Board may employ or contract for secretaries, clerks,
legal counsel, consultants and other technical and clerical services.
Members of the Board may receive compensation for the performance
of their duties, as may be fixed by Borough Council, but in no case
shall it exceed the rate of compensation authorized to be paid to
the members of Borough Council. Alternate members of the Board may
receive compensation, as may be fixed by Borough Council, for the
performance of their duties when designated as alternate members,
but in no case shall such compensation exceed the rate of compensation
authorized to be paid to the members of Borough Council.
The Zoning Hearing Board shall have exclusive jurisdiction to
hear and render final adjudications in the following matters:
A. Substantive challenges to the validity of any land use ordinance, except those brought before the Borough Council pursuant to §§
186-111 and 186-1141D of this chapter.
B. 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 within 30 days
after the effective date of said ordinance.
C. 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 therefore, or the issuance of any cease and
desist order.
D. Applications for variances pursuant to §
186-101 of this chapter.
E. Applications for special exceptions pursuant to §
186-102 of this chapter.
F. 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 developments not involving
applications for subdivisions or land developments, as defined by
the Act, as amended.
G. Appeals from a determination by the Borough Engineer or Zoning Officer
with reference to the administration of any floodplain or flood hazard
ordinance.
H. Appeals from a determination by the Zoning Officer involving the
interpretation of any provision of this chapter, including the determination
of the exact location of any district boundary if there is uncertainty
with respect thereto; or where it is alleged there is error in any
order, requirement or determinations made by the Zoning Officer in
the enforcement of this chapter.
I. Appeals from the Zoning Officer's determination under Section 916.2
of the Act, as amended.
The Board shall hear requests for variances where it is alleged
that the provisions of the zoning chapter inflict unnecessary hardship
upon the applicant. The Board may by rule prescribe the form of application
and may require preliminary application to the Zoning Officer. The
Board may grant a variance, provided that all of the following findings
are made where relevant in a given case:
A. That there are unique physical circumstances or conditions, including
irregularity, narrowness, or shallowness of lot size or shape, or
exceptional topographical or other physical conditions peculiar to
the particular property and that the unnecessary hardship is due to
such conditions and not the circumstances or conditions generally
created by the provisions of the zoning chapter in the neighborhood
or district in which the property is located.
B. That because of such physical circumstances or conditions, there
is no possibility that the property can be developed in strict conformity
with the provisions of the zoning chapter and that the authorization
of a variance is therefore necessary to enable the reasonable use
of the property.
C. That such unnecessary hardship has not been created by the appellant.
D. That the variance, if authorized, will not alter the essential character
of the neighborhood or district in which the property is located,
nor substantially or permanently impair the appropriate use or development
of adjacent property, nor be detrimental to the public welfare.
E. That the variance, if authorized, will represent the minimum variance
that will afford relief and will represent the least modification
possible of the regulation in issue.
F. In granting any variance, the Board may attach such reasonable conditions
and safeguards as it may deem necessary to implement the purposes
of this chapter.
Where this chapter has provided for stated special exceptions
to be granted or denied by the Board pursuant to express standards
and criteria, the Board shall hear and decide requests for such special
exceptions in accordance with such standards and criteria. In granting
a special exception, the Board may attach such reasonable conditions
and safeguards, in addition to those expressed in this chapter, as
it may deem necessary to implement the purposes of this chapter.
Hearings pursuant to this chapter shall be held by the Zoning
Hearing Board, the Borough Council, or hearing officer, as the case
may be, in accordance with the following requirements.
A. Public notices shall be given and written notice shall be given to
the applicant, the Zoning Officer, such other persons as the Borough
Council shall designate by ordinance and to any person who has made
timely request for the same. Written notices shall be given at least
14 days in advance of said hearing. In addition to the written notice
provided herein, written notice of said hearing shall be conspicuously
posted on the affected tract of land at least one week prior to the
hearing.
B. The Borough Council may prescribe reasonable fees by resolution with
respect to hearings. Fees for said hearings may include compensation
for the secretary and members of the Board, notice and advertising
costs and necessary administrative overhead connected with the hearing.
The costs, however, shall not include legal expenses of the Board,
expenses for engineering, architectural or other technical consultants
or expert witness costs.
C. The first hearing shall be held within 60 days from the date of the
applicant's request, unless the applicant has agreed in writing to
an extension of time. Each subsequent hearing before the Board or
hearing officer shall be held within 45 days of the prior hearing,
unless otherwise agreed to by the applicant in writing or on the record.
An applicant shall complete the presentation of his case-in-chief
within 100 days of the first hearing. Upon the request of the applicant,
the Board or hearing officer shall assure that the applicant receives
at least seven hours of hearings within the 100 days, including the
first hearing. Persons opposed to the application shall complete the
presentation of their opposition to the application within 100 days
of the first hearing held after the completion of the applicant's
case-in-chief. An applicant may, upon request, be granted additional
hearings to complete his case-in-chief provided the persons opposed
to the application are granted an equal number of additional hearings.
Persons opposed to the application may, upon the written consent or
consent on the record by the applicant and Borough, be granted additional
hearings to complete their opposition to the application provided
the applicant is granted an equal number of additional hearings for
rebuttal.
D. The hearings shall be conducted by the Board, or the Board may appoint
any member or an independent attorney as a hearing officer. The decision
or, where no decision is called for, the findings shall be made by
the Board; however, the appellant or the applicant, as the case may
be, in addition to the Borough, may, prior to the decision of the
hearing, waive decisions or findings by the Board accept the decision
or findings of the hearing officer as final.
E. The parties to the hearing shall be the Borough, any person affected
by the application who has made timely appearance of record before
the Board, and any other person, including civic or community organizations,
permitted to appear by the Board. The Board shall have power to require
that all persons who wish to be considered parties enter appearances
in writing on forms provided by the Board for that purpose.
F. The Chairman or Acting Chairman of the Board or the hearing officer
presiding shall have power to administer oaths and issue subpoenas
to compel the attendance of witnesses and the production of relevant
documents and papers, including witnesses and documents requested
by the parties.
G. The parties shall have the right to be represented by counsel and
shall be afforded the opportunity to respond and present evidence
and argument and cross-examine adverse witnesses on all relevant issues.
H. Formal rules of evidence shall not apply, but irrelevant, immaterial
or unduly repetitious evidence may be excluded.
I. The Board or the hearing officer, as the case may be, shall keep
a stenographic record of the proceedings. The appearance fee for a
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.
J. The Board or the hearing officer shall not communicate, directly
or indirectly, with any party or his representatives in connection
with any issue involved, except upon notice and where all parties
have opportunity to participate. The Board or hearing officer shall
not take notice of any communication, reports, staff memoranda or
other materials, except advice from its solicitor, unless the parties
are afforded an opportunity to contest the material so noticed, and
shall not inspect the site or its surroundings after the commencement
of hearings with any party of his representative unless all parties
are given an opportunity to be present.
K. The Board or the hearing officer, as the case may be, shall render a written decision or, where no decision is called for, make written findings on the application within 45 days after the last hearing before the Board or hearing officer. Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons therefor. Conclusions based on the provisions of any act of the commonwealth or any ordinance, rule or regulation shall contain a reference to the provision relied upon and the reasons why the conclusion is deemed appropriate in light of the facts found. If the hearing is conducted by a hearing officer and there has been no stipulation that his decision or findings are final, the Board shall make his report and recommendations available to the parties within 45 days and the parties shall be entitled to make written representations thereon to the Board prior to final decision or entry of findings, and the Board's decision shall be entered no later than 30 days after the report of the hearing officer. Except for challenges filed under §
186-100A where the Board fails to render the decision within the period required by this subsection or fails to commence, conduct or complete the required hearing as provided in §
186-104C, 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. When a decision has been rendered in favor of the applicant because of the failure of the Board to meet or render a decision as herein above provided, the Board shall give public notice of said decision within 10 days from the last day it could have met to render a decision in the same manner as provided in Subsection
A of this section. 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.
L. A copy of the final decision or, where no decision is called for,
of the findings shall be delivered to the applicant personally or
mailed to him not later than the day following its date. To all other
persons who have filed their name and address with the Board not later
than the last day of the hearing, the Board shall provide, by mail
or otherwise, brief notice of the decision or findings and a statement
of the place at which the full decision or findings may be examined.
Appeals under §
186-100 of this chapter may be filed with the Zoning Hearing Board in writing by the landowner affected, any officer or agency of the municipality or any person aggrieved. Requests for a variance under §
186-101 and for special exception under §
186-102 of this chapter may be filed with the Zoning Hearing Board by any landowner or any tenant with the permission of such landowner.
Upon filing of any proceeding referred to in §
186-106 and during its pendency before the Zoning Hearing Board, all land development pursuant to any challenged chapter, order or approval of the Zoning Officer or of any agency or body, and all official action thereunder shall be stayed in accordance with the provisions of Section 915.1 of the Pennsylvania Municipalities Planning Code, as amended.
All appeals from all land use decisions rendered pursuant to this chapter shall be taken to the Court of Common Pleas of the judicial district wherein the land is located and shall be filed within 30 days after entry of the decision, or in the case of a deemed decision, within 30 days after the notice of said deemed decision is given as set forth in §
186-105K of this chapter. Such appeals shall be made in accordance with the Act, as amended.