A.
Membership of Board. The existing Zoning Hearing Board shall be continued.
The Board shall consist of five residents of the Borough appointed
by Borough Council. The existing terms of office shall continue, with
terms of office being five years, and with the terms being so fixed
that the term of office of no more than one member shall expire each
year. Members of the Board shall hold no other office in the Borough.
(1)
Alternate members. Borough Council may appoint by resolution at least one but no more than three residents of the Borough to serve as alternate members of the Zoning Hearing Board. The term of office of an alternate member shall be three years. When seated, an alternate 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, and shall have all the powers and duties set forth in this act and as otherwise provided by law. Alternates shall hold no other office in the Borough, including membership on the Planning Commission and Zoning Officer. 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 nor be compensated unless designated as a voting alternate member. See also § 400-57.
B.
Vacancies. Appointments to fill vacancies shall be only for the unexpired
portion of the term.
C.
Organization.
(1)
The 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, but the Board
may appoint a hearing officer from its own membership to conduct any
hearing on its behalf and the parties may waive further action by
the Board as provided in Section 908 of the Municipalities Planning
Code.[1]
[1]
Editor's Note: See 53 P.S. § 10908.
(2)
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. 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 section shall be made on a case-by-case
basis in rotation according to declining seniority among all alternates.
(3)
The Board may make, alter and rescind rules and forms for its procedure,
consistent with ordinances of the Borough and laws of the commonwealth.
The Board shall keep full public records of its business, which records
shall be the property of the Borough.
D.
Zoning Hearing Board jurisdiction and functions. The Zoning Hearing
Board shall be responsible for the following:
(2)
Variance.
(a)
The Board shall hear requests for variances filed with the Borough
staff in writing.
(b)
Standards. The Board may grant a variance only within the limitations
of state law, which requires that all of the following findings must
be made, where relevant:
[1]
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;
[2]
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 a variance is therefore necessary
to enable the reasonable use of the property;
[3]
Such unnecessary hardship has not been created by the appellant;
[4]
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; and
[5]
The variance, if authorized, will represent the minimum variance
that will afford relief and will represent the least modification
possible of the regulation in issue.
(c)
In granting any variance, the Board may attach such reasonable
conditions and safeguards as it may deem necessary to implement the
purposes of this chapter.
(4)
Persons with disabilities. After the Zoning Officer receives a complete
written application, the Zoning Hearing Board shall grant a special
exception allowing modifications to specific requirements of this
chapter that the applicant proves to the satisfaction of the Zoning
Hearing Board are necessary to provide a reasonable accommodation
under applicable federal law to serve persons who the applicant proves
have disabilities as defined in and protected by such laws.
(a)
Such reasonable accommodations shall be requested in accordance
with the United States Fair Housing Amendments Act of 1988, 42 U.S.C.
§ 3601 et seq., or the Americans with Disabilities Act,
42 U.S.C. § 12101 et seq., and the federal regulations adopted
pursuant to such statutes, as amended.
(b)
If the applicant is requesting a reasonable accommodation under
the United States Fair Housing Act Amendments of 1988 or the Americans
with Disabilities Act, the applicant shall identify the disability
which is protected by such statutes, the extent of the modification
of the provisions of this chapter necessary for a reasonable accommodation,
and the manner by which the reasonable accommodation requested may
be removed when such person with a protected disability no longer
will be present on the property.
(5)
Planning Commission review. See § 400-54D(6).
E.
Time limits for appeals. The applicable provisions of the Municipalities
Planning Code, as amended, shall apply.
F.
Multiple pending applications. No more than one application for a
use for the same property shall be pending before the Zoning Hearing
Board at any time. All issues shall be included or consolidated in
a single application or hearing requested. An applicant may withdraw
one application, and then submit a new application that addresses
additional issues; or upon approval of the Zoning Hearing Board, the
applicant may amend an existing application.
G.
Time limits on permits and approvals.
(1)
After a variance is approved or other zoning approval is officially
authorized, then any applicable zoning and building permits shall
be secured by the applicant within 12 months after the date of such
approval or authorization. The work authorized by such permits shall
then be completed within 12 months after the issuance of the permits.
This time period shall not begin until all relevant appeals are resolved.
(2)
Extension. Borough Council may extend, in writing, the time limit
for completion of work by additional periods of six months. Any appeal
of refusal to grant an expansion shall be appealed to Borough Council.
(3)
If an applicant fails to obtain the necessary permits or begin construction
within the above time periods, or allows interruptions in substantial
construction of longer than 12 months, the permit or approval shall
become null and void.
A special exception use generally is an allowed use, provided
that it meets all of the requirements, standards and conditions of
this chapter.
A.
Purpose. The special exception process is designed to allow careful
review of uses that have some potential of conflicts with adjacent
uses or areas.
B.
Special exception procedure.
(4)
The Board shall hear and decide requests for all special exceptions
filed with the Borough staff in writing. The Board shall only permit
a special exception that is authorized by this chapter.
C.
Consideration of special exception applications. When special exceptions
are provided for in this chapter, the Board shall hear and decide
requests for such special exceptions in accordance with stated standards
and criteria of this chapter. The Board may grant approval of a special
exception provided that the applicant meets the following standards
for special exceptions. The burden of proof shall rest with the applicant.
(1)
Compliance with this chapter. The applicant shall establish by credible evidence compliance with all conditions on the use enumerated in the section which gives the applicant the right to seek the use approval, including the general standards for a special exception, and any specific standards required for a particular use. The applicant shall provide the Borough with sufficient plans, studies or other data to demonstrate compliance with all applicable regulations. See § 400-54 for application requirements.
(2)
Traffic. The applicant shall establish by credible evidence that
the proposed use's peak traffic will be accommodated in a safe and
efficient manner or improvements made in order to effect the same.
(3)
Site planning. The applicant shall establish by credible evidence
that the proposed use will be properly designed with regard to internal
circulation, parking, buffering, and all other elements of proper
design as specified in this chapter and any other governing law or
regulation.
(4)
Neighborhood. The proposed use shall not substantially injure or
detract from the use of neighboring property or from the desirable
character of the neighborhood and the use of property adjacent to
the area included in the special exception application shall be adequately
safeguarded.
(5)
Safety. The applicant shall establish by credible evidence that the
proposed use will not create a significant hazard to the public health,
safety and welfare, such as fire, toxic or explosive hazards.
D.
Conditions. In granting a special exception, the Board may require
such reasonable conditions and safeguards, in addition to those required
for a particular use, as it determines are necessary to implement
the purposes of this chapter. Conditions imposed by the Zoning Hearing
Board shall automatically become conditions of the zoning and use
and occupancy permits issued pursuant thereto, and any failure to
comply with said conditions shall be a violation of this chapter.
The following requirements shall apply to procedures, hearings
and decisions of the Zoning Hearing Board.
A.
Notice of hearings. Notice of all hearings of the Board shall be
given as follows:
(2)
Posting. Notice of such hearing shall be conspicuously posted on
the affected tract of land at least one week prior to the hearing.
The Borough staff shall post the property. It is the responsibility
of the applicant to make sure that such notice remains posted until
the hearing.
(3)
Persons given notice. The Borough shall provide written notice to
the applicant of the time and place of the hearing. The Borough should
also provide notice to the President of Borough Council. In addition,
the Borough shall endeavor to provide notice to the last known principal
owner of record of each property that is within 200 feet from any
boundary of the subject property, however, failure to provide such
notice shall not be grounds for an appeal. Also, such notice shall
be given to any other person or group (including civic or community
organizations) who has made a written timely request for such notice.
Any such notices should be mailed or delivered to the last known address.
First-class mail shall be sufficient for any mailed notices.
B.
Initiation of hearings. A hearing required under this chapter shall
be initiated within 60 days of the date of an applicant's request
for a hearing, unless the applicant has agreed in writing to an extension
of time.
C.
Decision/findings.
(1)
The Board shall render a written decision on each application within
45 days after the last hearing on that application before the Board,
unless the applicant has agreed in writing to an extension of time.
(2)
Where the application is contested or denied, the decision shall
be accompanied by findings of fact and conclusions based thereon,
together with the reasons for such conclusions.
(3)
References shall be provided to the most pertinent section(s) of
this chapter and/or the Municipalities Planning Code.
D.
Notice of decision. A copy of the final decision shall be personally
delivered or mailed to the applicant or his/her representative or
to the address provided in the application or appeal or other address
provided, in writing, by the applicant not later than the time limit
established by the Municipalities Planning Code, as amended. (Note:
As of the adoption date of this chapter, such provisions were within
§§ 908(9) and 908(10) of such Act, including provisions
regarding notice to other parties.)
The provisions for appeals to court that are stated in the Municipalities
Planning Code, as amended, shall apply.
