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.
E. Jurisdiction in the matters as granted by Section 909.1 of the Municipalities
Planning Code.
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 The appropriate fee, established by the Borough, shall
be paid in advance for each appeal or application.
(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.
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.