A.
Appointment. The membership of the Zoning Hearing Board shall consist
of five residents of the Borough appointed by motion of the Borough
Council. Their terms of office shall be five years and shall be so
fixed that the terms of office of one member shall expire each year.
The Zoning Hearing Board shall promptly notify the Borough Council
of any vacancies that occur. Appointments to fill vacancies shall
be only for the unexpired portion of the term. Members of the Zoning
Hearing Board shall hold no other office in the municipality.
B.
The Borough Council may appoint by motion 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. Alternates shall hold no other elective or appointive office
in the Borough. Any alternate may participate in proceedings or discussions
of the Board but shall not be entitled to vote as a member of the
Board nor be compensated unless designated as a voting alternate member
pursuant to the following process:
(1)
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.
(2)
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.
(3)
Designation of an alternate shall be made on a case-by-case
basis in rotation according to declining seniority among all alternates.
C.
Vacancies. Appointments to fill vacancies on the Board shall be for
the duration of the unexpired portion of the term only.
D.
Removal of members. Any member of the Board may be removed for malfeasance,
misfeasance or nonfeasance in office or for other just cause by a
majority vote of the Council. No vote shall take place until such
time as the member has received a fifteen-day advance notice of the
intent to take such a vote. A hearing shall be held in connection
with the vote if the member shall request it in writing.
E.
Compensation. Members of the Board may receive compensation for the
performance of their duties as may be fixed by the Borough Council,
but in no case shall it exceed the rate of compensation authorized
to be paid to the members of the Borough Council. Alternate members
may receive similar compensation when designated to participate in
hearing as specified above.
A.
Conduct of the Board. The Zoning Hearing 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 the members of the Board. The Board may appoint a hearing officer
from its own membership to conduct the hearing on its behalf, and
the parties may waive further action by the Board and accept the decision
or findings of the hearing officer as final, as provided in Section
908 of the Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10908.
B.
Establishment of procedure. The Zoning Hearing Board may make, alter
and rescind rules and forms for its procedure, consistent with ordinances
of the Borough and the laws of the commonwealth. The Board shall maintain
full public records of its business.
A.
Expenditures. Within the limits of funds appropriated by the Council,
the Zoning Hearing Board may employ or contract for secretaries, clerks,
legal counsel, consultants and other technical and clerical services.
B.
Fees. An applicant before the Zoning Hearing Board shall deposit
with the Zoning Officer the appropriate filing fee. Fees shall be
established by resolution of the Council.
The Zoning Hearing Board shall function in strict accordance
with and pursuant to the Municipalities Planning Code and shall have
the following powers:
A.
Appeals from the Zoning Officer. The Board shall hear and decide
appeals where it is alleged that the Zoning Officer has failed to
follow prescribed procedures or has misinterpreted or misapplied any
provision of a valid ordinance or map of the Borough or any valid
rule or regulation covering the duties of the Zoning Officer.
B.
Special exceptions. The Board shall hear and decide requests for special exceptions authorized by this chapter in accordance with the standards and criteria set forth in this section and Article IV of this chapter. The Board may attach such reasonable conditions and safeguards as it may deem necessary.
C.
Variances. The Board shall hear requests for variances where it is
alleged that the provisions of this chapter create unnecessary hardship
on an applicant when applied to a tract of land. In granting a variance,
the Board may attach such reasonable conditions and safeguards as
it may deem necessary.
D.
Validity of the Zoning Ordinance. The Board shall hear and make findings
on challenges to the validity of any provision of this chapter with
respect to substantive questions.
The Zoning Hearing Board shall conduct hearings and make decisions
in accordance with the following requirements:
A.
Filing appeals and requests to the Zoning Hearing Board. Requests
for hearings before the Zoning Hearing Board shall be made as follows:
(1)
An appeal to the Zoning Hearing Board may be filed by the landowner
affected, any officer or agency of the Borough or any person aggrieved.
Such appeal shall be taken within the time as stipulated by the Municipalities
Planning Code and the rules of the Board, by filing with the Zoning
Officer a notice of appeal specifying the grounds thereof. The Zoning
Officer shall forthwith transmit to the Board all of the papers constituting
the record upon[1] The appropriate fee, established by the Borough, shall
be paid in advance for each appeal or application.
[1]
Editor's Note: So in original.
(2)
Notice. Public notice shall be given pursuant to this chapter,
and written notice shall be given to the applicant, to the Zoning
Officer, and to any person who has made timely request for the same.
Written notices shall be given at such time and in such manner as
shall be prescribed by rules of the Board. In addition to the written
notice provided herein, written notice of said hearing shall be conspicuously
posted on the affected tract of land at least one week prior to the
hearing.
(3)
Timing. A hearing shall be held within 60 days from the official
application date requesting a hearing.
(4)
Parties to the hearing. The parties to the hearing may be any person or entity entitled to notice under Subsection A(2) above and any other person permitted to appear by the Board.
(5)
Powers of the Chairman. The Chairman or Acting Chairman of the
Board presiding shall have the 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.
(6)
Rights of the parties. The parties shall have the right to be
represented by counsel and shall be afforded the opportunity to respond,
to present evidence and to argue and cross-examine adverse witnesses
on all relevant issues.
(7)
Exclusion of evidence. Formal rules of evidence shall not apply,
but irrelevant, immaterial or unduly repetitious evidence may be excluded
by the Board.
(8)
Record of the proceedings. A stenographic record of the proceedings
shall be made by a court reporter. The appearance fee for the court
reporter shall be shared equally by the applicant and the Board. Any
party requesting the original transcript or a copy of the transcript
shall bear the cost of the same. Copies of graphic or written material
received in evidence shall be made available to any party at cost.
(9)
Communications. Once a formal application has been duly filed,
the Board shall not communicate, directly or indirectly, with any
party or his representative in connection with any issue involved
except upon notice and opportunity for all parties to participate.
Further, the Board shall not take notice of any communication unless
the parties are afforded an opportunity to contest the material and
shall not inspect the site or its surroundings with any party or his
representative unless all parties are given an opportunity to be present.
A.
The Board 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. Where the application is contested or denied,
each decision shall be accompanied by findings and conclusions, together
with the reasons for such conclusions. Conclusions based on any provisions
of this chapter or of any act, rule or regulation shall contain a
reference to the provision relied on and the reasons why the conclusion
is deemed appropriate in the light of the facts found. All decisions
shall be made at a public hearing.
B.
Notice of the final decision shall be delivered to the applicant
personally or mailed to him not later than the day following its date.
The Board shall provide, by mail or otherwise, a brief notice of the
decision or findings and a statement of the place where the full decision
may be examined to all other persons who have filed their names and
addresses with the Board no later than the last day of the hearing.
A.
Required findings. The Zoning Hearing Board may grant a variance
to the provisions of this chapter, provided that the findings prescribed
in Section 910.2 of the Municipalities Planning Code, 53 P.S. § 10910.2,
are made where relevant in a given case.
B.
Conditions. In granting any variance, the Zoning Hearing Board may
attach such reasonable conditions and safeguards as it may deem necessary
to implement the purposes of this chapter.
The Zoning Hearing Board shall hear and decide all requests for special exceptions, as identified within this section and Article IV of this chapter.
The provisions for appeals to court that are stated in the Pennsylvania
Municipalities Planning Code, as amended, shall apply.
