The Zoning Hearing Board shall function in strict accordance
with and pursuant to the MPC 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 this chapter. 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 MPC.
The Zoning Hearing Board shall conduct hearings and make decisions
in accordance with the following requirements. Filing appeals and
requests to the Zoning Hearing Board. Requests for hearings before
the Zoning Hearing Board shall be made as follows:
A. 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 MPC
and the rules of the Board, by filing with the Zoning Officer a notice
of appeal specifying the grounds thereof. The appropriate fee, established
by the Borough, shall be paid in advance for each appeal or application.
Requests for a variance and special exception may be filed with the
Board by any landowner or any tenant with the permission of such landowner.
B. Notice. Public notice shall be given pursuant to this chapter and
written notice shall be given to the applicant, 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.
C. Timing. A hearing shall be held within 60 days from the official
application date requesting a hearing unless the applicant has agreed
to an extension of time. The hearings shall be conducted by the Board
or the Board may appoint any member or an independent attorney as
a hearing officer. The decision, or, when no decision is called for,
the findings shall be made by the Board; however, the appellant or
the applicant, as the case may be, in addition to the municipality,
may, prior to the decision of the hearing, waive decision or findings
by the Board and accept the decision or findings of the hearing officer
as final.
D. Parties to the hearing. The parties to the hearing shall be the municipality,
any person affected by the application who has made timely appearance
of record before the Board, and any other person including civic or
community organizations permitted to appear by the Board. The Board
shall have power to require that all persons who wish to be considered
parties enter appearances in writing on forms provided by the Board
for that purpose.
E. Powers of the Chairman. The Chairman, Acting Chairman, or hearing
officer, 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.
F. 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.
G. Exclusion of evidence. Formal rules of evidence shall not apply,
but irrelevant, immaterial or unduly repetitious evidence may be excluded
by the Board.
H. 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.
I. 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
MPC, as amended, shall apply.