A.
Creation of the Zoning Hearing Board. The governing body hereby creates a Zoning Hearing Board, herein referred to as the "Board," consisting of three residents of the borough appointed by the governing body, by resolution, pursuant to Article IX of the Pennsylvania Municipalities Planning Code, as amended,[1] who shall perform all the duties and have all the powers
prescribed by said Code and as herein provided.
[1]
Editor's Note: See 53 P.S. § 10901
et seq.
B.
Appointment.
(1)
The three residents of the Borough serving as members
of the Zoning Hearing Board pursuant to this Zoning Chapter of the
borough in effect at the time of the adoption of this Zoning Chapter
shall continue to serve as members of the Board for the balance of
their respective appointed terms. Upon the expiration of each such
term, said person or his or her replacement shall be appointed for
a term of three years. Members of the Board shall hold no other elected
or appointed office in the Borough nor shall any member be an employee
of the Borough.
[Amended 7-20-2006 by Ord. No. 14-2006]
(2)
The governing body may appoint, by resolution, not more than three residents of the Borough to serve as alternate members of the Board, whose terms of office shall be for three years and who shall serve as provided for in Article IX of the Pennsylvania Municipalities Planning Code, as amended.[2] Alternates shall hold no other elected or appointed office
in the Borough, including service as a member of the Planning Commission
or as the Zoning Officer, nor may any alternate be an employee of
the Borough.
[Amended 7-20-2006 by Ord. No. 14-2006]
[2]
Editor's Note: See 53 P.S. § 10901
et seq.
C.
Removal. Any Board member may be removed for malfeasance,
misfeasance or nonfeasance in office or for other just cause by a
majority vote of the governing body, taken after the member has received
15 days' advance notice of the intent to take such a vote. A hearing
shall be held, if the Board member requests one in writing.
D.
Vacancies. Vacancies shall be filled by appointment
by the governing body for the unexpired portion of the vacated term.
E.
Compensation and expenditures for service.
(1)
The members of the Board and the alternate members
of the Board may receive such compensation as shall be fixed by the
governing body, by resolution, but in no case shall it exceed the
rate of compensation authorized to be paid to the members of the governing
body.[3]
(2)
Within the limits of funds appropriated by the governing
body, the Board may employ or contract for secretaries, clerks, legal
counsel, consultants and other technical and clerical services.
F.
Organization. The Board may promulgate such rules
and forms for its procedure, not inconsistent with this chapter and
other ordinances of the Borough and laws of the Commonwealth of Pennsylvania,
as it may deem necessary to the proper performance of its duties and
to the proper exercise of its powers. Such rules shall be continued
in force and effect until amended or repealed by the Board or by law.
The Board shall elect from its own membership its officers, who shall
serve annual terms as such and may succeed themselves.
G.
Meetings. Meetings and hearings of the Board shall
be held at the call of the Chairman and at such other times as the
Board, by majority vote, may determine.
H.
Minutes and records. The Board shall keep full public
records of its business and other official action, which records shall
be the property of the Borough. The Board shall submit reports of
its activities to the governing body, as requested by the governing
body.
A.
Public notice shall be given and written notice shall
be given to the applicant, the Zoning Officer, the Planning Commission,
adjacent property owners (including those owners of property directly
across a street or alley from the subject property), the governing
body and the Solicitor of the Borough. Written notice by first class
United States mail with postage paid shall be given by the Board,
or such person designated by the Board, not less than seven days prior
to the scheduled hearing. In addition to the written notice provided
for herein, written notice of said hearing shall be conspicuously
posted on the affected tract of land at least one week prior to the
hearing. The first hearing shall be commenced 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
shall be held within 45 days of the prior hearing, unless otherwise
agreed to by the applicant in writing or on the record. Any party
aggrieved by the schedule or progress of the hearings may apply to
the Court of Common Pleas for judicial relief. The hearing shall be
completed no later than 100 days after the completion of the applicant's
case-in-chief, unless extended for good cause upon application to
the Court of Common Pleas.
[Amended 7-20-2006 by Ord. No. 14-2006]
B.
For the conduct of any hearing and the taking of any
action, a quorum shall be not less than a majority of all members
of the Board. The Board shall conduct hearings and make decisions
in accordance with the following requirements:
(1)
The hearing shall be conducted by the Board or the
Board may appoint any member or an independent attorney as a hearing
officer. The decision or, when no decision is called for, the finding
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 decision or findings by the Board and accept
the decision or findings of the hearing officer as final.
[Amended 7-20-2006 by Ord. No. 14-2006]
(2)
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.
(3)
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.
(4)
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 all adverse witnesses on all
relevant issues.
(5)
Formal rule of evidence shall not apply, but irrelevant,
immaterial or unduly repetitious evidence may be excluded.
(6)
The Board or the hearing officer, as the case may
be, shall keep a stenographic record of the proceedings, and copies
of graphic or written material received in evidence shall be made
available to any party at cost.
(7)
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 opportunity for all
parties to participate, 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 or his representative
unless all parties are given an opportunity to be present.
(8)
The Board or the hearing officer, as the case may
be, shall render a written decision or, when no decision is called
for, make written findings on the application within 45 days after
the last hearing before the Board or hearing officer. When the application
is contested or denied, each decision shall be accompanied by the
findings of fact and conclusions based thereon together with the reasons
therefor. Conclusions based on any provisions of the Pennsylvania
Municipalities Planning Code,[1] as amended, or of this Zoning Chapter or of any other ordinance, rule or regulation of the Borough shall contain a reference to the provisions relied on and the reasons why the conclusion is deemed appropriate in the 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 Section 916.1 of the Pennsylvania Municipalities Planning Code, as amended, 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 for in § 225-50A, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing to or on 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 hereinabove 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.
[Amended 7-20-2006 by Ord. No. 14-2006]
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
(9)
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 names and addresses 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.
The Zoning Hearing Board shall have exclusive
jurisdiction to hear and render final adjudications in the following
matters:
A.
Appeals and challenges.
(1)
Substantive challenges to the validity of this Zoning
Chapter and any other land use ordinances, except those brought before
the governing body pursuant to Sections 609.1 and 916.1(a)(2) of the
Pennsylvania Municipalities Planning Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. §§ 10609.1
and 10916.1(a)(2).
(2)
Challenges to the validity of this Zoning Chapter
and any other land use ordinance, 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 effective
date of said 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 or issuance of any cease
and desist order.
(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 this
Zoning Chapter or any other land use ordinance.
(6)
Appeals from the determination of the Zoning Officer
or Borough Engineer in the administration of this Zoning Chapter or
any other land use ordinance or provision thereof with reference to
sedimentation and erosion control and stormwater management insofar
as the same relates to development not involving subdivision and land
development.
B.
Variances.
(1)
The Board shall hear requests for variances where
it is alleged that the provisions of this 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, of 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 circumstances or conditions
generally created by the provisions of this 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 this 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 regulations in issue.
(3)
No nonconforming use of neighboring lands, structures
or buildings in the same district, and no permitted or nonconforming
use of land, structures or buildings in other districts, shall be
considered grounds for the granting of a variance.
(4)
The jurisdiction of the governing body shall not be
infringed upon by action of the Board in any matter which should appropriately
be the subject for an amendment to this Zoning Chapter or Zoning Map.
No variance shall be granted under this section to allow a structure
or use in a district restricted against such structure or use.
C.
Special exceptions.
(1)
The Board shall grant or deny such special exceptions
to the terms of this Zoning Chapter which the Board by the provisions
of this Zoning Chapter is specifically authorized to issue. The granting
of a special exception when specifically authorized by the terms of
this Zoning Chapter shall be subject to the following conditions:
(a)
Such use shall be one which is specifically
authorized as a special exception use in the district.
(b)
Such special exception shall only be granted
subject to any applicable conditions and safeguards as required by
this Zoning Chapter.
(c)
Such special exception may be granted subject
to additional reasonable conditions and safeguards as may be deemed
by the Board to be advisable and appropriate.
(d)
Such use shall be found by the Board to be in
harmony with the general purposes and intent of this Zoning Chapter.
(e)
Such use shall not adversely affect the character
of the district, nor the conservation of property values nor the health
and safety of residents or workers on adjacent properties and in the
general neighborhood.
(f)
Such use shall be of such size and so located
and laid out in relation to its access streets that vehicular and
pedestrian traffic to and from such use will not create undue congestion
or hazards prejudicial to the general neighborhood.
(g)
Such use shall not conflict with the direction
of building development in accordance with any Comprehensive Plan
or portion thereof which has been adopted by the governing body.
(h)
When application for a special exception has been filed with the Zoning Hearing Board and the subject matter of such application would ultimately constitute either a land development or subdivision as defined in § 225-5, no change or amendment of the zoning, subdivision or other governing ordinance or plans shall affect the decision on such application adversely to the applicant, and the applicant shall be entitled to a decision in accordance with the provisions of the governing ordinances or plans as they stood at the time the application was duly filed; provided, further, that should such an application be approved by the Zoning Hearing Board, the applicant shall be entitled to proceed with the submission of either land development or subdivision plans within a period of six months or longer or as may be approved by the Zoning Hearing Board following the date of such approval in accordance with the provisions of the governing ordinances or plans as they stood at the time the application was duly filed before the Zoning Hearing Board. If either a land development or subdivision plan is so filed within said period, such plan shall subject to the provisions of Section 508(1) through (4), and specifically to the time limitations of Section 508(4), of the Pennsylvania Municipalities Planning Code, , as amended, which shall commence as of the date of filing such land development or subdivision plan.
[Added 7-20-2006 by Ord. No. 14-2006]
A.
The Board shall act in strict accordance with the procedure specified by Article IX of the Pennsylvania Municipalities Planning Code, as amended,[1] and by this Zoning Chapter. All appeals and applications
made to the Board shall be in writing, on forms prescribed by the
Board. Every appeal or application shall refer to the specific provision
of this Zoning Chapter involved and shall exactly set forth the interpretation
that is claimed, the grounds for any challenges to the validity of
this Zoning Chapter, the use for which a special exception is sought
or the details of the variance that is applied for and the grounds
on which it is claimed that the variance should be granted, as the
case may be. In the event that the procedures set forth in this Zoning
Chapter shall be in conflict with or contrary to the procedures set
forth in the Pennsylvania Municipalities Planning Code, as amended,
then and in such event the procedures set forth in the latter shall
prevail.
[1]
Editor's Note: See 53 P.S. § 10901
et seq.
B.
Applications and appeals, together with the required
filing fee, as established by the governing body, shall be submitted
to the Secretary of the Zoning Hearing Board or other person designated
by the Zoning Hearing Board.
(1)
Parties appellant before the Zoning Hearing Board. Appeals under § 225-51A(1) through (8), inclusive, of this Zoning Chapter may be filed with the Board or other person designated by the Zoning Hearing Board in writing by the landowner affected, by any officer or agency of the borough or by any person aggrieved. Requests for a variance under § 225-51B of this Zoning Chapter and for a special exception under § 225-51C of this Zoning Chapter may be filed with the Board or other person designated by the Zoning Hearing Board by any landowner or any tenant with the permission of such landowner.
(2)
Time limitations; persons aggrieved.
(a)
No person shall be allowed to file any proceeding
with the Board or other person designated by the Board later than
30 days after any application for development, preliminary or final,
has been approved by an appropriate officer of the borough, 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. The failure of anyone other than the landowner to appeal
from an adverse decision on a tentative plan pursuant to Section 709
of the Pennsylvania Municipalities Planning Code, as amended,[2] or pursuant to Chapter 195, Subdivision and Land Development, or from an adverse determination by the Zoning Officer on a challenge to the validity of this Zoning Chapter or Official Zoning Map pursuant to § 225-47 of this Zoning Chapter shall preclude an appeal from a final approval except in the case where the final submission substantially deviates from the approved tentative approval.
[2]
Editor's Note: See 53 P.S. § 10709.
(b)
All appeals from determinations adverse to the
landowner shall be filed by the landowner within 30 days after notice
of the determination is issued.
A.
Upon filing of any proceeding referred to in § 225-51 of this Zoning Chapter 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.
