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.
(2) 
That the variance to be granted by the Board is:
(a) 
One that will require the least modification of the prescribed regulation; and
(b) 
The minimum variance that will accomplish this purpose; and
(3) 
That the granting of the variance will:
(a) 
Be in harmony with the general purposes and intent of this chapter;
(b) 
Be in accordance with the general or specific rules herein contained; and
(c) 
Be not injurious to the neighborhood, or otherwise detrimental to the welfare of the people at large.
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.