[Amended 10-12-1981 by Ord. No. 10-12-81C; 5-8-1989 by Ord. No.
5-8-89F]
69.65.1.
The Zoning Hearing Board shall consist of five members appointed
by the Municipal Council. The terms of office shall be five years
and shall be so fixed that the term of office of one member of a five-member
Board shall expire each year. Appointments to fill vacancies shall
be only for the unexpired portion of the term. Board members may be
removed as prescribed by the MPC.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
69.65.2.
The Board shall elect its own Chairman and Vice Chairman, who
shall serve for one year. The Board shall adopt rules necessary to
carry into effect the provisions of this ordinance.
69.65.3.
Meetings of the Board shall be held at regular times and at
the call of the Chairman and at such other times as the Board may
determine. Such Chairman or, in his absence, the acting Chairman may
administer oaths and compel the attendance of witnesses. All meetings
of the Board shall be open to the public. The Board shall keep minutes
of its proceedings, showing the vote of each member upon each question
or, if absent or failing to vote, indicating the fact, and shall keep
records of its examinations and other official actions, all of which
shall be immediately filed in the office of the Board and shall be
a public record. All testimony, objections thereto and rulings thereon
shall be transcribed by a reporter employed by the Board for the purpose
upon request.
69.65.5.
The Municipal Council may appoint, by resolution at least one,
but no more than three, residents of the Municipality to serve as
alternate members of the Board. The term of office of an alternate
member shall be three years. Any alternate may participate in any
proceeding or discussion of the Board but shall not be entitled to
vote as a member of the Board unless designated as a voting alternate
member pursuant to Subsection 69.65.6 of this ordinance. If an alternate
is designated to sit on the Board by reason of absence or disqualification
of a member of the Board as set forth in Subsection 69.65.6, the alternate
as a voting member 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 as designated in
Subsection 69.65.6, and shall have all the power and duties set forth
in this ordinance and as otherwise provided by law. Alternates shall
not be a current employee of the Municipality nor shall they currently
hold an elected or appointed position in the Municipality. Alternate
members may be removed in the same manner as prescribed in the Municipalities
Planning Code[3] for removal of Board members.
[Added 5-11-1998 by Ord. No. 5-11-98A]
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
69.65.6.
The Chairman of the Board shall designate as many alternate
members of the Board to sit on the Board as may be needed by reason
of absence or disqualification of a member. If a full complement of
voting members is not available because of absence or disqualification
of a member, the Chairman of the Board shall designate alternate members
of the Board, if available, as voting members to obtain a full complement
of voting members. There shall not be more than five members voting
on any specific matter or case. 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.
Designation of an alternate pursuant to this subsection shall be made
on a case-by-case basis in rotation according to declining seniority
among all alternates.
[Added 5-11-1998 by Ord. No. 5-11-98A]
69.65.8.
The term of office for alternate members shall be so fixed so
that one alternate member of the possible three alternate members
shall expire each year.
[Added 5-11-1998 by Ord. No. 5-11-98A]
69.66.1.
Jurisdiction. The Zoning Hearing Board shall have exclusive
jurisdiction to hear and render final adjudications in all matters
prescribed by the MPC. Nothing contained herein shall be construed
to deny the appellant the right to proceed directly to court where
appropriate, pursuant to the Pennsylvania Rules of Civil Procedure
No. 1091.
69.66.2.
Functions relating to variances. The Zoning Hearing Board shall
hear requests for variances as prescribed by the MPC.
69.66.3.
Parties appellant before the Board. Appeals to the Board may
be filed only by the parties prescribed by the MPC.
69.66.4.
Appeals in Floodplain District.
[Added 6-8-1981 by Ord. No. 6-8-81A]
1.
In passing upon applications for variances in the Floodplain District,
the Zoning Hearing Board shall consider all relevant factors and procedures
specified in other sections of the Zoning Ordinance and the following:
a.
The danger to life and property due to increased flood heights or
velocities caused by encroachments. No special exception or variance
shall be granted for any proposed use, development or activity that
will cause any increase in flood levels in the Floodway District.
b.
The danger that materials may be swept onto other lands or downstream
to the injury of others.
c.
The proposed water supply and sanitation systems and the ability
of these systems to prevent disease, contamination and unsanitary
conditions.
d.
The susceptibility of the proposed facility and its contents to flood
damage and the effects of such damage on the individual owners.
e.
The availability of alternative locations not subject to flooding
for the proposed use.
f.
The safety of access to the property in times of flood of ordinary
and emergency vehicles.
g.
The expected heights, velocity, duration, rate of rise and sediment
transport of the floodwaters expected at the site.
2.
The Zoning Hearing Board may refer any application and accompanying
documentation pertaining to any request for a variance to any engineer
or other qualified person or agency for technical assistance in evaluating
the proposed project in relation to flood heights and velocities and
the adequacy of the plans for protection and other related matters.
3.
Variances may be issued only after the Zoning Hearing Board has determined
that the granting of such will not result in unacceptable or prohibited
increases in flood heights, additional threats to public safety, extraordinary
public expense, create nuisances, cause fraud or victimization of
the public or conflict with local laws or ordinances.
[Amended 6-10-1974 by Ord. No. 6-10-74A; 12-8-1980 by Ord. No.
12-8-80A; 4-12-1982 by Ord. No. 4-12-82C; 10-8-1984 by Ord. No.
10-8-84B; 5-8-1989 by Ord. No. 5-8-89F]
69.67.1.
Time limitations. No person shall be allowed to file any proceeding
with the Board later than 30 days after an application for development,
preliminary or final, has been approved by an appropriate municipal
officer, agency or body or as otherwise prescribed by the MPC.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
69.67.2.
Hearings and decisions. The Board shall conduct hearings and
make decisions in accordance with the requirements of the MPC. A variance
granted pursuant to this section shall expire 12 months from the date
of such grant unless the appropriate permits have been applied for
consistent with such grant. Upon written request of the applicant,
the Zoning Officer may grant an extension of said variance for an
additional 12 months when there have been no changes to the Zoning
Ordinance which would require additional variances for the proposed
development.
69.67.3.
Stay of proceedings. Upon filing of any proceeding to the Board
and during its pendency before the Board, all land development pursuant
to any challenged ordinance, order or approval of the Zoning Officer
or of any agent or body and all official action thereunder shall be
stayed unless such stay would cause imminent peril to life or property
as prescribed by the MPC. Petitions to the court to stay shall be
as prescribed by the MPC.
69.67.4.
Petition for reconsideration. Petitions may be made to the Board
for reconsideration of an appeal which has been decided by the Board,
provided that such petition is received within 30 days of the original
decision by the Board. The petition for reconsideration shall be verified
and contain adequate information establishing that an essential element
of the original appeal has been changed, thereby warranting reconsideration,
i.e., identity of the applicant, ordinance section relied upon, or
the discovery of new evidence. A fee equal to that of the original
appeal shall be paid with each petition upon filing for reconsideration.
The Board, in its sole discretion, shall decide whether to allow reconsideration,
but in no case shall it reconsider an appeal where the essential elements
of which have not changed since the Board's prior decision.
69.67.5.
Validity of ordinance; substantive questions. All challenges
to the validity of an ordinance or map shall be as prescribed by the
MPC.
69.67.6.
Appeals to court. All appeals to the court shall be as prescribed
by the MPC and the Judicial Code (42 Pa.C.S.A. § 101 et
seq.).
69.67.7.
Fees. A fee of $250 for single-family residential and a fee
of $400 for commercial and all others shall be paid to the Municipality
at the time the application is filed. All fees shall be credited to
the general revenue fund and are not refundable.
[Amended 8-14-1989 by Ord. No. 8-14-89B; 10-15-1991 by Ord. No.
10-15-91A; 2-12-1996 by Ord. No. 2-12-96B; 11-12-2012 by Ord. No.
11-12-12E]
