The Borough Council shall appoint a Zoning Hearing Board consisting
of three members. The Borough Council shall designate one such member
to serve until the first day of January following the original effective
date of this chapter, one until the first day of the second January
thereafter, and one until the first day of the third January thereafter.
The Borough Council shall reappoint or appoint three successors on
the expiration of their respective terms, to serve three years, and
shall fill any vacancy for the unexpired term of any member whose
term becomes vacant.
A. The members of the Zoning Hearing Board shall be removable for cause
by the Borough Council upon written charges and after a public hearing.
B. Zoning Hearing Board members may hold no other office in the Borough.
C. The word "Board," when used in this article, shall mean the Zoning
Hearing Board.
The Borough Council may appoint by resolution no more than three
residents of the Borough to serve as alternate members of the Board.
The term of office of an alternate shall be three years.
A. 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. An alternate so designated 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 powers and duties set forth in
this article and as otherwise provided by law.
B. 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.
C. Alternate members may hold no other office in the Borough.
The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudications in accordance with the requirements of Article
IX of the Municipalities Planning Code, as amended.
Challenges and appeals 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 variance or special exception may
be filed by any landowner or any tenant with permission of the landowner.
An appeal or application regarding a matter within the jurisdiction
of the Zoning Hearing Board may be filed with the Zoning Officer on
forms provided by the Zoning Hearing Board and shall state:
A. The name and address of the applicant, and of the applicant's representative(s)
or agent(s) where applicable.
B. The name and address of the record owner of the property that is
the subject of the application or appeal; where the applicant is not
the record owner of the subject property, a signed and notarized statement
from the record owner, authorizing the applicant to pursue the specific
appeal or application.
C. A copy of the deed to the subject property.
D. A brief description and location of the subject property, along with
a survey and/or sketch of the property boundaries.
E. A statement of the present zoning classification of the subject property,
with the improvements thereon and the present use thereof.
F. A statement of the section of this chapter under which consideration
by the Board is requested, along with a summary of reasons or arguments
in support of the request.
G. A reasonably accurate description of the improvements or changes
intended to be made under the application. In addition, there shall
be attached a plot plan of the property to be affected, indicating
the location and size of the lot and the size and location of the
existing and proposed improvements or changes.
H. A list of all landowners within 400 feet of the applicant's land,
to be supplied by applicant, who shall obtain the list at his or her
own cost and expense from the Montgomery County Board of Assessment
Appeals or from the Tax Collector of Pennsburg Borough and other municipalities
when the adjacent land is outside the Borough, along with prestamped
and preaddressed envelopes for all landowners shown on the aforesaid
list.
I. A payment to the Borough in accordance with a fee schedule adopted and amended from time to time by the Borough Council, in accordance with the requirements of Article
IX of the Municipalities Planning Code, as amended.
The Board shall schedule a public hearing and shall give public
notice, as well as written notice as follows:
A. Written notice shall be given to:
(1)
The record owner, applicant, and applicant's representative.
(2)
Adjacent landowners, utilizing the envelopes provided by the applicant pursuant to §
110-1804H of this chapter.
(3)
The Borough Council, Borough Solicitor, Mayor, and Zoning Officer.
(4)
All parties in interest who have entered their appearance and
any other person registered for that purpose.
B. Written notice shall be conspicuously posted on the affected tract
of land at least one week prior to the hearing.
In the consideration of an application, the Board shall:
A. Consider the suitability of the property for the use desired; assure
itself that the proposed change is consistent with the spirit, purpose,
and intent of the Zoning Ordinance and Comprehensive Plan.
B. Determine that the proposed change will not substantially injure
or detract from the use of neighboring property or from the character
of the neighborhood and that the use of the adjacent property is adequately
safeguarded.
C. Determine that the proposed change will serve the best interests
of the Borough, the convenience of the community (where applicable),
and the public welfare.
D. Consider the effect of the proposed change upon the logical, efficient,
and economical extension of public services and facilities, such as
public water, sewers, police and fire protection, and public schools.
E. Consider the suitability of the proposed location of use with respect
to probable effects upon highway traffic and assure adequate access
arrangements in order to protect major roads from undue congestion
and hazard.
F. Be guided in its study, review, and recommendation by sound standards
of subdivision and land development practice, where applicable.
G. Impose such conditions and safeguards, in addition to those required,
as are necessary to assure that the intent of this chapter and the
Comprehensive Plan are complied with, which conditions may include
(but are not limited to) harmonious design of buildings, planting
and its maintenance as a sight or sound screen, the minimizing of
noxious, offensive or hazardous elements, and adequate standards of
parking, loading and sanitation.
H. The Zoning Hearing Board shall be limited to consideration of applications
as they relate to ordinance provisions in effect at the time of the
application. The Borough Council shall retain the exclusive right
to enact and amend ordinances.
Unless otherwise specified by the Board, a special exception
or variance shall expire if the applicant fails to obtain any and
all permits within six months of the date of authorization thereof.
Any persons aggrieved by the decision of the Board may, within
30 days thereafter, appeal to the Court of Common Pleas of Montgomery
County in accordance with the provisions of Article X-A of the Municipalities
Planning Code, as amended.