The 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 members of the Board, but the Board may appoint a hearing officer from its own membership to conduct any hearing on its behalf, and the parties may waive further action by the Board as provided in §
220-110. 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 Board may make, alter and rescind rules and forms for its procedure consistent with ordinances of the Borough and laws of the commonwealth. The Board shall keep full public records of its business, which records shall be the property of the Borough, and shall submit a report of its activities to the Borough Council upon request.
Within the limits of funds appropriated by the Borough Council, the 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 the Borough Council. Alternate members of the Board may receive compensation as may be fixed by the Borough Council for the performance of their duties when designated as alternate members pursuant to §
220-108, but in neither case shall such compensation exceed the rate of compensation authorized to be paid to the members by the Borough Council.
The Zoning Hearing Board shall have the exclusive jurisdiction
to hear and render decisions in the following matters:
A. Substantive challenges to the validity of this chapter, except those brought before the Borough Council pursuant to §
220-121F of this chapter.
(1)
If a challenge heard by the Zoning Hearing Board is found to
have merit, the decision of the Zoning Hearing Board shall include
recommended amendments to the challenged ordinance which will cure
the defects found. In reaching its decision, the Zoning Hearing Board
shall consider the amendments, plans and explanatory material submitted
by the landowner and shall also consider:
(a)
The impact of the proposal upon roads, sewer facilities, water
supplies, schools and other public service facilities.
(b)
If the proposal is for a residential use, the impact of the
proposal upon regional housing needs, and the effectiveness of the
proposal in providing housing units of a type actually available to
and affordable by classes of persons otherwise unlawfully excluded
by the challenged provisions of the Ordinance or Map.
(c)
The suitability of the site for the intensity of use proposed
by the site's soils, slopes, woodland, wetlands, floodplains, aquifers,
natural resources and other natural features.
(d)
The impact of the proposed use on the site's soils, slopes,
woodlands, wetlands, floodplains, natural resources and natural features,
the degree to which these are protected or destroyed, the tolerance
of the resources to development, and any adverse environmental impacts.
(e)
The impact of the proposal on the preservation of agriculture
and other land uses which are essential to public health and welfare.
(2)
The Zoning Hearing Board shall render its decision within 45
days after the conclusion of the last hearing. If the Board fails
to act on the landowner's request within this time limit, a denial
of the request is deemed to have occurred on the 46th day after the
close of the last hearing.
(3)
The Zoning Hearing Board shall commence its hearings within
60 days after the request is filed, unless the landowner requests
or consents to an extension of time.
(4)
Public notice of the hearing shall be provided as specified in §
220-121B(2) of this chapter.
B. Challenges to the validity of this chapter, 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 the chapter.
C. Application for special exceptions pursuant to the expressed following
requirements:
(1)
Filing requirements. In addition to the required zoning permit information (see §
220-117), each special exception application shall include the following:
(a)
Ground floor plans and elevations of proposed structures.
(b)
Names and address of adjoining property owners, including properties
directly across a public right-of-way.
(c)
A scaled drawing (site plan) of the site with sufficient detail
and accuracy to demonstrate compliance with all applicable provisions
of this chapter.
(d)
A written description of the proposed use in sufficient detail
to demonstrate compliance with all applicable provisions of this chapter.
(2)
General criteria. Each applicant must demonstrate by credible
evidence compliance with the following:
(a)
The proposed use shall be consistent with the purpose and intent
of this chapter.
(b)
The proposed use shall not detract from the use and enjoyment
of adjoining or nearby properties.
(c)
The proposed use will not substantially change the character
of the subject property's neighborhood.
(d)
Adequate public facilities are available to serve the proposed
use (e.g., schools, fire, police and ambulance protection, sewer,
water and other utilities, parks, solid waste disposal, vehicular
access, etc.).
(e)
The proposed use shall comply with those criteria specifically
attached to it. In addition, the proposed use must comply with all
other applicable regulations contained in this chapter.
(f)
The traffic generated by the proposed use shall be safely and
adequately accommodated during peak and nonpeak periods, or that improvements
made by the applicant shall be made in order to effect the same.
(g)
The proposed use shall be in and of itself properly designed
with regard to internal circulation, parking, buffering, screening
and all other elements of proper design as required by this chapter
and any other federal, state or local ordinance, law or regulation.
(h)
That the proposed use will not have deleterious impact on adjoining
properties or the neighborhood due to impacts and/or by-products of
the proposed use, such as noise, dust, odor, smoke, litter, glare,
heat, radiation, electromagnetic interference, etc.
(i)
The proposed use will not substantially impair the integrity
of the Borough's Comprehensive Plan.
(3)
Conditions. The Zoning Hearing Board, in approving special exception applications, may attach conditions considered necessary to protect the public welfare and the purposes listed above, including conditions which are more restrictive than those established for other uses in the same zone. These conditions shall be enforceable by the Codes Compliance Officer, and failure to comply with such conditions shall constitute a violation of this chapter and be subject to the penalties described in Article
VII.
(4)
Site plan approval. Any site plan presented in support of the special exception pursuant to §
220-111C shall become an official part of the record for said special exception. Approval of any special exception will also bind the use in accordance with the submitted site plan; therefore, should a change in the site plan be required as part of the approval of the use, the applicant shall revise the site plan prior to the issuance of a zoning permit. Any subsequent change to the use on the subject property not reflected on the originally approved site plan shall require the obtainment of another special exception approval.
D. Variances. The Board shall hear requests for variances where it is
alleged that the provisions of this chapter inflict unnecessary hardship
upon the applicant. The Board may, by rule, prescribe the form of
application to the Codes Compliance Officer, which shall at least
include the following:
(1)
Filing requirements. In addition to the required zoning permit information (§
220-117A), each variance application shall include the following:
(a)
Names and addresses of adjoining property owners, including
properties directly across a public right-of-way.
(b)
A scaled drawing (site plan) of the site with sufficient detail
and accuracy so as to present the nature of the request and the unique
site conditions that create hardship to strict compliance with this
chapter.
(c)
A written description of the requested variance, along with
a description of the hardship that is being alleged, and all reasons
why the variance should be granted.
(2)
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 this chapter in the neighborhood or zone
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 chapter and that the authorization
of a variance is therefore necessary to enable 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 zone or neighborhood 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)
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. These conditions shall be enforceable by the Codes Compliance Officer, and failure to comply with such conditions shall constitute a violation of this chapter and be subject to the penalties described in Article
VII.
E. Appeals from the determination of the Codes Compliance 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.
F. Appeals from the determination of any officer or agency charged with
the administration of any transfers of development rights or performance
density provisions of this chapter.
G. Appeals from the Codes Compliance Officer's determination under § 916.2
(and any subsequent amendments) of the Act.
H. Appeals from the determination of the Codes Compliance Officer or Borough Engineer in the administration of any land use ordinance with reference to sedimentation and erosion control and/or stormwater management for applications not involving a subdivision/land development, nor a planned residential development as regulated in Articles
V and
VII of the Act, respectively.
Appeals under §
220-111E,
F,
G and
H and proceedings to challenge this chapter under §
220-111A and
B may be filed with the Board in writing by the landowner affected, any officer or agency of the Borough or any person aggrieved. Requests for a variance under §
220-111D and for special exception under §
220-111C may be filed with the Board by any landowner or any tenant with the permission of such landowner. Any appeal shall state:
A. The name and address of the appellant and applicant.
B. The name and address of the landowner of the real estate to be affected.
C. A brief description and location of the real estate to be affected
by such proposed change, together with a plot plan drawn to scale
with sufficient clarity to show the nature and character of the request.
D. A statement of the present zoning classification of the real estate
in question, the improvements thereon, and the present use thereof.
E. A statement of the section of this chapter under which the request
may be allowed and reasons why it should or should not be granted.
Any person, taxpayer or the Borough aggrieved by any decision
of the Board may, within 30 days after such decision of the Board,
seek review by the Court of Common Pleas of such decision in the manner
provided by the laws of the Commonwealth of Pennsylvania and Article
X-A of the Act, as amended.