[Ord. 984, 12/14/2015]
The membership of the Zoning Hearing Board shall consist of
five residents of the Borough appointed by Borough Council. Their
terms of office shall be five years and shall be so fixed that the
term of office of one member shall expire each year. The Zoning Hearing
Board shall promptly notify Borough Council when vacancies occur.
Appointments to fill vacancies shall be only for the unexpired portion
of the term. Members of the Zoning Hearing Board shall hold no other
elected or appointed office in the Borough, nor shall any member be
an employee of the Borough.
[Ord. 984, 12/14/2015]
Any Zoning Hearing Board member may be removed for malfeasance,
misfeasance or nonfeasance in the office or for other just cause by
a majority vote of Borough Council taken after the member has received
15 days' advance notice of the intent to take such vote. A hearing
shall be held in connection with the vote if the member shall request
it in writing.
[Ord. 984, 12/14/2015]
Requests for variances and for uses by special exception may
be filed with the Zoning Hearing Board by any landowner or any tenant
with the permission of such landowner. All other appeals within the
jurisdiction specified in § 1404 of this chapter may be
filed with the Zoning Hearing Board in writing by the landowner affected,
any office or agency of the Borough or any person aggrieved.
[Ord. 984, 12/14/2015]
The Zoning Hearing Board shall have the power to hear and decide on applications for uses by special exception as authorized by this chapter, in harmony with its general purpose and intent, and in accordance with the standards set forth in Part
9. The Zoning Hearing Board shall approve a use by special exception only if it meets all applicable requirements of this chapter and the express standards and criteria set forth in Part
9. In granting a use by special exception, the Zoning Hearing Board may attach such reasonable safeguards, in addition to those expressed in this chapter, as it may deem necessary to properly implement this chapter and protect the public health, safety and welfare.
[Ord. 984, 12/14/2015]
Borough Council shall establish a schedule of fees by resolution.
The schedule of fees shall be prominently displayed in the Municipal
Building and made available to all persons requesting it.
1412.1.
Fees. Borough Council may prescribe reasonable fees with respect
to hearings before the Zoning Hearing Board. Fees for said hearings
may include compensation for the Secretary and members of the Zoning
Hearing Board, notice and advertising costs and necessary administrative
overhead connected with the hearing. The costs, however, shall not
include legal expenses of the Zoning Hearing Board, expenses for engineering,
architectural or other technical consultants or expert witness costs.
All fees shall be paid into the Borough treasury.
1412.2.
Stenographer's Appearance Fee and Transcripts. The appearance
fee for a stenographer shall be shared equally by the applicant and
the Zoning Hearing Board. The cost of the original transcript shall
be paid by the Zoning Hearing Board if the transcript is ordered by
the Zoning Hearing Board or Hearing Officer or shall be paid by the
person appealing from the decision of the Zoning Hearing Board if
such appeal is made, and in either event the cost of additional copies
shall be paid by the person requesting such copy or copies. In other
cases the party requesting the original transcript shall bear the
cost thereof.