A. 
The Zoning Hearing Board shall consist of three residents of the Borough appointed by resolution of the Borough Council. The terms of office shall be three years and shall be so fixed that the term of office of one member shall expire each year. At the adoption of this chapter, Zoning Hearing Board members continue in office pursuant to their current terms. Board members shall hold no other Borough office. Any member of the Board may be removed for cause by Borough Council upon written notice and charges after a public hearing. Vacancies shall be filled for unexpired terms in the same manner as those for original appointments.
B. 
The Borough Council may appoint, by resolution, from one to three residents of the Borough to serve as alternate members of the Board for three-year terms. Alternates shall hold no other Borough office. Alternates may participate in any proceeding or discussion of the Board but shall not be entitled to vote or be compensated unless designated by the Chairperson to sit on the Board in order to provide a quorum. Designation of alternates to sit on the Board shall be made case by case in rotation according to declining seniority among all alternates.
A. 
Officers. The Board shall elect from its own membership a Chairperson and Vice Chairperson, who shall serve annual terms as such and may succeed themselves. The Board may make, alter and rescind rules and forms for its procedures consistent with the provisions of the Pennsylvania Municipalities Planning Code, as amended, and this chapter.
B. 
Within the limit 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, but in no case shall it exceed the rate of compensation authorized to be paid to the members of the Borough Council.
C. 
Public notice. The Board shall keep full public records of its business, which records shall be the property of the municipality, and shall submit a report of its activities to the governing body as requested by the governing body.
D. 
Removal of Board members. 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 which appointed the member, taken after the member has received 15 days' 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.
A. 
All hearings by the Zoning Hearing Board shall be conducted in accordance with the procedure contained in the Pennsylvania Municipalities Planning Code, Act of 1968, as reenacted and amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B. 
In addition to a fee charged with respect to an application for relief to the Zoning Hearing Board, the applicant shall also be solely responsible for all costs and expenses incurred for advertising, posting of the subject property, and for establishing, on a case-by case-basis, a reasonable estimate of anticipated advertising and posting expenses, which shall be collected by the Borough at the time of application to the Zoning Hearing Board. At the conclusions of the hearing, the Borough shall submit to the applicant an invoice itemizing the actual costs incurred for advertising and posting, and the applicant shall either be reimbursed for any overpayment made or pay to the Borough any deficiency for said advertising and posting costs and expenses.
A. 
The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudications in the following matters:
(1) 
All applications for approvals of planned residential developments under Article VII of the MPC pursuant to the provisions of Section 702 of the MPC.[1]
[1]
Editor's Note: See 53 P.S. § 10702.
(2) 
Substantive challenges to the validity of any land use ordinance, except those brought before the Borough Council pursuant to Sections 609.1 and 916.1(a)(2) of the Pennsylvania Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. §§ 10609.1 and 10916.1(a)(2).
(3) 
Challenges to the validity of a land use ordinance 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 said ordinance. Where the ordinance appealed from is the initial zoning ordinance of the Borough and a Zoning Hearing Board has not been previously established, the appeal raising procedural questions shall be taken directly to court.
(4) 
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, the issuance of any cease and desist order or the registration or refusal to register any nonconforming use, structure or lot.
(5) 
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 a land use ordinance.
(6) 
Applications for variances from the terms of this chapter and flood hazard ordinance or such provisions within a land use ordinance pursuant to Section 910.2 of the MPC.[3]
[3]
Editor's Note: See 53 P.S. § 10910.2.
(7) 
Applications for special exceptions under this chapter or floodplain or flood hazard ordinance or such provisions within a land use ordinance pursuant to Section 912.1 of the MPC.[4]
[4]
Editor's Note: See 53 P.S. § 10912.1.
(8) 
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.
(9) 
Appeals from the Zoning Officer's determination under Section 916.2 of the MPC.[5]
[5]
Editor's Note: See 53 P.S. § 10916.2.
(10) 
Appeals from the determination of the Zoning Officer or Borough Engineer in the administration of any land use ordinance or provision thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relate to development not involving applications under Article V or VII of the MPC.
B. 
The Borough Council shall have exclusive jurisdiction to hear and render final adjudications in the following matters:
(1) 
All applications for approvals of planned residential developments under Article VII of the MPC pursuant to the provisions of Section 702 of the MPC.[6]
[6]
Editor's Note: See 53 P.S. § 10702.
(2) 
All applications pursuant to Section 508 of the MPC[7] for approval of subdivisions or land developments under Article V of the MPC.
[7]
Editor's Note: See 53 P.S. § 10508.
(3) 
Applications for conditional use under the express provisions of this chapter.
(4) 
Applications for curative amendment to this chapter or pursuant to Section 609.1 and 916.1(a) of the MPC.[8]
[8]
Editor's Note: See 53 P.S. §§ 10609.1 and 10916.1(a).
(5) 
All petitions for amendments to land use ordinances pursuant to the procedures set forth in Section 609 of the MPC.[9]
[9]
Editor's Note: See 53 P.S. § 10609.
(6) 
Appeals from the determination of the Zoning Officer or the Borough Engineer in the administration of any land use ordinance or provisions thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relate to applications for land development under Articles V and VII of the MPC. Where such determination relates only to development not involving Article V or VII, the appeal from such determination of the Zoning Officer or the Borough Engineer shall be to the Zoning Hearing Board pursuant to this section. Where the applicable land use ordinance vests jurisdiction for final administration of subdivision and land development applications in the Planning Commission, all appeals from determinations under this subsection shall be to the Planning Commission, and all appeals from the decision of the Planning Commission shall be to court.
Appeals raising the substantive validity of any land use ordinance (except those to be brought before the Borough Council pursuant to the Pennsylvania Municipalities Planning Code); procedural questions or alleged defects in the process of enactment or adoption of a land use ordinance; or 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, the issuance of any cease and desist order or the registration or refusal to register any nonconforming use, structure or lot; 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 a land use ordinance; 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; from the determination of the Zoning Officer or Borough Engineer in the administration of any land use ordinance or provision thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relate to development not involving subdivision and land development or planned residential development may be filed with the Zoning Hearing Board in writing by the landowner affected, any officer or agency of the Borough, or any person aggrieved. Requests for a variance and for special exception may be filed with the Board by any landowner or any tenant with the permission of such landowner.
The Zoning Hearing 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 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 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 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 chapter and that the authorization of a variance is therefor necessary to enable the reasonable use of the property.
C. 
That such unnecessary hardship has not been created by the applicant.
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 which will afford relief and represent the least modification possible of the regulation in issue.
F. 
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 and the MPC.
Where the Borough Council in this chapter has stated special exceptions to be granted or denied by the Zoning Hearing Board pursuant to express standards and criteria contained in Article XVIII of this chapter, the Board shall hear and decide requests for such special exceptions in accordance with such standards and criteria. In granting a special exception, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter and the Pennsylvania Municipalities Planning Code.
A. 
A party aggrieved by a decision of the Board may appeal to the Court of Common Pleas within 30 days after the Board's decision.
B. 
Nothing contained in this chapter shall be construed to deny to the appellant the right to proceed directly to court, where allowed by other laws.
C. 
The Board shall require the Zoning Officer to issue an appropriate permit after reaching a decision on any appeal, challenge, variance request or request for special exception, where such permit was necessarily withheld until the Board's hearing on the case and the decision of the Board would allow the land activity to commence or continue.