The terms of the existing three members of the
Board shall continue. The appointment, removal of members, organization
of the Zoning Hearing Board and hearings conducted by the Zoning Hearing
Board shall be as provided by the Pennsylvania Municipalities Planning
Code (Act 247 of 1968, as amended[1]).
In any case where the Zoning Hearing Board shall
hold a public hearing, the Board shall give notice as follows, which
notice shall state the time and place of the hearing and the particular
nature of the matter to be considered at the hearing:
A.
By publishing a notice thereof once each week for
two consecutive weeks in a newspaper of general circulation in the
Borough of Glenolden. The first notice shall be published not more
than 30 days nor less than 14 days prior to the hearing.
B.
Mailing of notice.
(1)
By mailing notice thereof to the following:
(a)
The applicant or his attorney.
(b)
All property owners within 500 feet of the subject
property.
(c)
All persons or organizations who have filed
their names with the Borough Zoning Officer within the last year indicating
their desire to receive such notices.
(d)
The Borough Secretary.
(e)
The Borough Engineer.
(f)
The Borough Solicitor.
(g)
The Borough Zoning Hearing Board Solicitor.
(h)
Each member of the Zoning Hearing Board.
(i)
Secretary of the Borough Planning Commission.
(j)
The County Planning Commission.
(k)
The Borough Zoning Officer.
(2)
The failure to send notice to any of the above-named
or -designated persons shall not invalidate any action taken by the
Board.
The powers, duties and functions of the Zoning
Hearing Board shall be as provided in the Pennsylvania Municipalities
Planning Code.[1]
The Board shall conduct hearings, make decisions
and give notice of said decisions as required by Section 908 of the
Pennsylvania Municipalities Planning Code, as amended,[1] and in accordance with such rules of procedure as may
be adopted by the Zoning Hearing Board.
[1]
Editor's Note: See 53 P.S. § 10908.
Unless otherwise specified by the Zoning Hearing
Board, a special exception or variance shall expire if the applicant
fails to obtain a building permit within six months from the date
of authorization thereof.
A.
Upon submission of any application to the Zoning Hearing
Board, the applicant shall deposit with the Borough such sum as is
designated by resolution by Borough Council.
B.
Charges against deposit. The following costs, fees
and expenses shall be charged against the applicant's deposit:
C.
Additional deposits. If at any time the charges then
made against the applicant's deposit shall render the balance insufficient
to ensure the payment of all costs, expenses, charges and fees that
may accrue in the disposition of the pending application, the Zoning
Hearing Board may require additional deposits to be made from time
to time to assure adequate funds to pay such charges, costs, expenses
and fees as they may accrue. The failure of the Zoning Hearing Board
to demand additional deposits from time to time shall not relieve
the applicant of liability for costs, charges, fees and expenses in
excess of deposits, hereinafter called "deficiencies."
D.
Upon failure of the applicant to pay the deposits,
additional deposits or deficiencies within 30 days or prior to the
next scheduled hearing (whichever shall be the earlier date), the
Board may:
(1)
Continue the matter generally until such deposits,
additional deposits or deficiencies are paid, in which case the record
shall remain open and the time within which a decision must be rendered
shall not commence to run;
(2)
Dismiss applicant's appeal; or
(3)
Determine the appeal upon the record as it then stands.
In all cases where the Zoning Hearing Board
shall consider an application for a special exception, the Zoning
Hearing Board shall, to the full extent permitted by law:
A.
Consider the size, scope, extent and character of
the exception desired and assure itself that such request is consistent
with the plan for future land use in Glenolden Borough and with the
spirit, purpose and intent of this chapter.
B.
Consider the suitability of the property for the use
desired and the extent to which the new or expanded use is susceptible
of regulation or restriction by appropriate conditions and safeguards.
C.
Consider the public interest in or the need for the
proposed use or change, and determine that the proposal will serve
the best interests of the Borough, the convenience of the community
(where applicable) and the public health, safety, morals and general
welfare.
D.
Consider, where pertinent, the effects of the proposed
change with respect to congestion on the roads or highways, the most
appropriate use of land, conserving the value of buildings, safety
from fire, panic and other dangers, adequacy of light and air, the
prevention of overcrowding the land, congestion of population and
the adequacy of public and community services.
E.
Make certain that the proposed change is reasonable
in terms of the logical, efficient and economical extension of public
services and facilities, such as public water, sewers, police and
fire protection, transportation and public schools.
F.
Take into consideration the character and type of
development in the area surrounding the location for which the request
is made and determine that the proposed change or modification, as
permitted, will constitute an appropriate use in the area and will
not substantially injure or detract from the use of surrounding property
or from the character of the neighborhood.
G.
Guide the development of highway frontage insofar
as possible so as to limit the total number of access points, reduce
the need for on-street parking and encourage the frontage of buildings
on parallel marginal roads or on roads perpendicular to the highway.
H.
Consider the probable effects of proposed development
on highway congestion and ensure that adequate access arrangements
are provided in order to protect major highways from undue congestion
and hazard.
