[Ord. 593, 4/8/1986; as amended by Ord. 642, 12/19/1989]
1. There is hereby created a Zoning Hearing Board. The following provisions
shall apply to the Board:
A. Members of the Board shall be appointed by the Borough Council. The
Board shall consist of five members. The terms of office shall be
five years and shall be so fixed that the term of office of no more
than one member shall expire each year.
B. Appointments to fill vacancies shall be only for the unexpired portion
of the term.
C. Members shall be residents of the Borough and shall hold no other
office with the Borough.
D. Members shall be removable for cause by the Borough Council upon
the bringing of written charges and after public hearing in accordance
with Act 247, Pennsylvania Municipalities Planning Code, 53 P.S. § 10101
et seq., as amended, 53 P.S. § 10101 et seq.
[Ord. 593, 4/8/1986]
The Board shall elect from its own membership its Chairman and Vice Chairman, who shall serve the 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. Where two members are disqualified to act in a particular matter, the remaining members may act for the Board. 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 §
27-1904, Subsection
1D. The Board may make, alter, and rescind rules and forms for its procedure, consistent with the ordinances of the Borough and laws of the Commonwealth of Pennsylvania. Meetings shall be held at the call of the Chairman and at such other times as the Board may determine. All meetings of the Board shall be open to the public. The Board shall keep full public records of its business and shall submit a report of its activities to the Borough Council annually.
[Ord. 593, 4/8/1986; as amended by Ord. 622, 12/29/1987]
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.
[Ord. 593, 4/8/1986; as amended by Ord. 642, 12/19/1989]
1. The Board shall conduct hearings and make decisions in accordance
with the following requirements:
A. Notice of hearings shall be given in the following manner:
[Amended by Ord. No. 946-2021, 11/15/2021]
(1) To the public, by providing public notice as defined by this chapter.
(2) To the applicant, the Zoning Officer, the Borough Secretary, and
the Secretary of the Planning Commission; to any property owner within
500 feet of any lot line of the subject property; and to any person
who has made timely request for the same, or their legal counsel,
if such counsel shall have filed an appearance with the Board, by
mailing notice of the time, place, and purpose of the hearing at least
14 days in advance of the date fixed for the hearing, provided that
failure to give notice as required by this subsection shall not invalidate
any action taken by the Board.
B. The notice of the hearing shall be conspicuously posted on the affected
property.
C. The Borough Council may establish reasonable fees, based on cost,
to be paid by the applicant and by persons requesting any notice not
required by ordinance. Fees shall be established by resolutions of
Borough Council.
D. The hearings shall be conducted by the Board or the Board may appoint
any member as a hearing officer. The decision, or, where no decision
is called for, the findings, shall be made by the Board, but the parties
may waive decision or findings by the Board and accept the decision
or findings of the hearing officer as final.
E. 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.
F. The Chairman or Acting Chairman of the Board, or the hearing officer
presiding, shall have 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.
G. The parties shall have the right to be represented by counsel and
shall be afforded the opportunity to respond and present evidence
and argument and cross-examine adverse witnesses on all relevant issues.
H. Formal rules of evidence shall not apply, but irrelevant, immaterial
or unduly repetitious evidence may be excluded by the Chairman of
the Board.
I. The Board or the hearing officer, as the case may be, shall keep
a stenographic record of the proceeding, and a transcript of the proceedings
and copies of graphic or written material received in evidence shall
be made available to any party at cost.
J. The Board or the hearing officer shall not communicate directly or
indirectly with any party or his representatives in connection with
any issue involved except upon notice and opportunity for all parties
to participate. The Board shall not take notice of any communication,
reports, staff memoranda, or other materials unless the parties are
afforded an opportunity to contest the material so noticed. The Board
shall not inspect the site or its surroundings after the commencement
of hearings with any party or his representative unless all parties
are given an opportunity to be present.
K. The Board or the hearing officer, as the case may be, shall render
a written decision or, when no decision is called for, make written
findings on the application within 45 days after the last hearing
before the Board or hearing officer. Each decision shall be accompanied
by findings of fact and conclusions based thereon, together with the
reasons therefor. Conclusions based on any provisions of Act 247,
the Pennsylvania Municipalities Planning Code, as amended, 53 P.S.
§ 10101 et seq., or of any ordinance, rule, or regulation
shall contain a reference to the provision relied on and the reasons
why the conclusion is deemed appropriate in the light of the facts
found. If the hearing is conducted by a hearing officer and there
has been no stipulation that his decision or findings are final, the
Board shall make his report and recommendations available to the parties
and the parties shall be entitled to make written representations
thereon to the Board prior to the final decision or entry of findings,
and the Board's decision shall be entered no later than 30 days after
the report of the hearing officer. Where the Board has power to render
a decision and the Board or hearing officer, as the case may be, fails
to render the same within 45 days of the period, the decision shall
be deemed to have been rendered in favor of the applicant, unless
the applicant has agreed in writing to an extension of time.
L. A copy of the final decision or, where no decision is called for,
of the findings shall be delivered to the applicant personally or
mailed to him not later than the day following its date. To all other
persons who have filed their name and address with the Board not later
than the last day of the hearing, the Board shall provide within seven
days, by mail or otherwise, brief notice of the decision or findings.