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]
[3]
Editor's Note: See Ch. 43, Salaries and Compensation.
(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.
(5) 
Appeals from the Zoning Officer's determination under § 225-47 of this Zoning Chapter.
(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.
(7) 
Applications for variances from the terms of this Zoning Chapter and any flood hazard ordinance or such provisions within a land use ordinance, pursuant to § 225-51B of this chapter.
(8) 
Applications for special exceptions under this Zoning Chapter or any floodplain or flood hazard ordinances or such provisions within this Zoning Chapter or any other land use ordinance, pursuant to § 225-51C of this chapter.
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.
(2) 
In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of the Pennsylvania Municipalities Planning Code, as amended,[2] and this Zoning Chapter.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
(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.
B. 
Court hearings and determinations for posting of bonds shall be in accordance with Section 915.1(b), (c) and (d) of the Pennsylvania Municipalities Planning Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10915.1(b), (c) and (d).