[Ord. 588, 4/12/1995, § 1700]
A Zoning Hearing Board shall be appointed by Borough Council in the manner prescribed in the Municipalities Planning Code, as amended, 53 P.S. § 10101 et seq. and as provided below.
[Ord. 588, 4/12/1995, § 1701]
1. 
There shall be a Zoning Hearing Board consisting of three residents of the Borough who shall be appointed by Borough Council; and Borough Council shall appoint one such member to serve until the first day of January following the effective date of this chapter, one until the first day of the second January thereafter, and one until the first day of the third January thereafter, and Borough Council shall appoint their successors on the expiration of their respective terms to serve three years, and shall fill any vacancy for the unexpired portion of such vacant term. Borough Council may reappoint members at the expiration of their term. Members of the Board shall hold no other office in the Borough except that one member of the Board may also be a member of the Planning Commission. Any member of the Board may be removed for malfeasance, misfeasance, or nonfeasance in office, or for other just cause by a majority vote of Borough Council, taken after the Board member has received 15 days advance written notice of the intent to take such a vote, and a hearing shall be held in connection with such vote if the member shall so request in writing.
2. 
The Borough Council may appoint by resolution one resident of the Borough of Morton to serve as alternate member of the Board whose term shall be three years. If by reason of absence or disqualification of any member of the Board, the Chairman shall designate the alternate to act as voting alternate to serve for the duration of the proceedings for which the alternate was appointed to serve as voting alternate. When seated as voting alternate the 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. An alternate shall hold no other office in the Borough of Morton including, but not limited to, a member of the Planning Commission or Zoning Officer. The 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 of the Board.
[Ord. 588, 4/12/1995, § 1702]
The Board shall elect from its own membership its officers, who shall serve annual terms and may succeed themselves. For the conduct of any hearing and the taking of any action, a quorum shall be required, consisting of not less than a majority of all the members of the Board; but where any member is absent or disqualified to act in a particular matter, the alternate shall serve as voting alternate of the Board. The Board may make, alter and rescind rules and forms for its procedure, consistent with this chapter, and the law of the Commonwealth of Pennsylvania. The Board shall keep full public records of its business and shall submit a report of its activities to Borough Council once each year. The Board may employ on contract for secretaries, clerks, attorneys, consultants and other technical and clerical services. However, the Solicitor for the Zoning Hearing Board shall be a different individual than the Solicitor for Borough Council. Members of the Board may receive compensation for the performance of their duties, as may be fixed by 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. 588, 4/12/1995, § 1703]
1. 
The Board shall conduct hearings and make decisions in the following manner:
A. 
All hearings shall be published and shall be held within 60 days of the filing of the application and payment of the application fee unless waived in writing by the applicant.
B. 
Notice of hearing shall be given to the public and to the persons hereafter designated in the following manner.
(1) 
To the public by publishing notice of the time, place, and purpose of the hearing once a week for two successive weeks the first public publication shall not be more than 30 days prior to the hearing date and the second publication not less than seven days prior to the hearing date in a newspaper of general circulation in the Borough.
(2) 
To the applicant, the Zoning Officer, the Borough Secretary, each member of the Planning Commission, each member of Borough Council to all parties in interest or their counsel, if such counsel shall have filed an appearance with the Board, and to any person who has made timely request by providing a stamped self-addressed envelop to the Secretary, by mailing notice of the time, place, and purpose of the hearing at least 10 days in advance of the date fixed for the hearing.
(3) 
By conspicuously posting written notice of the time, place, and purpose of the hearing on the effective tract of land at least one week prior to the hearing.
(4) 
Notice of hearings, both published and written, shall state, in addition to the time, place, and purpose of the hearing, the location of the lot, tract or structure involved, and the nature and extent of the relief sought, and the general nature of the question involved. Notice of said hearing shall be conspicuously posted on the affected tract of land.
(5) 
In the event more than one hearing is required to consider the application, or a hearing is continued while in progress to another date public notice of the continued hearing must be provided as set forth in subparagraphs (1) and (2) herein.
C. 
Hearings shall be conducted by the Board and the Chairman, or in his absence, the acting Chairman, who shall administer oaths, and my issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by the parties.
D. 
The parties to the hearing shall be the Borough, any person affected by the application who has made a timely appearance or record before the Board and any other person, including civic or community organizations, permitted to appear by the Board.
E. 
The parties have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and cross-examine adverse witnesses; and the Board shall keep a stenographic record of the proceedings and copy of graphic or written material received in evidence shall be made available to any party at cost.
F. 
The Board shall not communicate, directly or indirectly, with any party or his representative in connection with any issue involved, except upon notice, and the opportunity for all parties to participate; shall not take notice of any communication reports, staff memoranda or other materials unless the parties are afforded the opportunity to contest the material so noticed; and shall not inspect the site or its surroundings after the commencement of hearings with any part or his respective counsel unless all parties are given an opportunity to be present.
G. 
The Board 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 unless waived by the application according to law. Each decision shall be accompanied by findings of fact and conclusions based thereon, together with reasons therefor. Conclusions based on any provision of the Municipalities Planning Code, 53 P.S. § 10101 et seq., or any Borough 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 facts found. Where the Board fails to render a decision within the period required or hold a hearing within 60 days of the filing of the application, the decision shall be deemed to have rendered in favor of the applicant, unless the applicant has agreed in writing or on the record to an extension of time.
H. 
When a decision has been rendered in favor of the applicant because of the failure of the Board to meet or render a decision the Board shall give public notice of said decision within 10 days from the last day it could have met to render a decision. If the Board shall fail to provide notice, the applicant may do so. Any party opposing the application may appeal the deemed decision to the Court of Common Pleas of Delaware County.
I. 
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 names and addresses with the Board not later than the last day of the hearing, the Board shall provide, by mail or otherwise, the brief notice of the decision or findings, and a statement of the place where the full decisions or findings may be examined.
J. 
Notice of all hearings by the Zoning Hearing board shall be given to the Borough Planning Commission and Borough Council.
[Ord. 588, 4/12/1995, § 1704]
1. 
The Board shall have and perform the following functions:
A. 
Appeals from the Zoning Officer. The Board shall hear and decide appeals where it is alleged by the applicant that the Zoning Officer has failed to follow prescribed procedures or has misinterpreted or misapplied any provisions of any ordinance or map, or any rule or regulation governing the action of the Zoning Officer.
B. 
Variances. The Board shall hear requests for variances where it is alleged that the provisions of this chapter inflict unnecessary hardship upon the applicant. The Board may grant a variance provided the following findings are made where relevant in a given case:
(1) 
There are unique physical circumstances or conditions, including irregularity, narrowness 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 that the authorization of a variance is, therefore, necessary to enable the reasonable use of the property.
(3) 
Such unnecessary hardship has not been created by the applicant.
(4) 
The variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, not substantially or permanently impair the appropriate use of development of adjacent property, nor be detrimental to the public welfare.
(5) 
The variance, if authorized, will represent the minimum variance that will afford relief; and will represent the least modification possible of the regulation or ordinance in issue; and 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.
C. 
Special Exceptions. The Board shall hear and decide special exceptions in accordance with the standards set forth below; and in granting special exceptions, the Board may attach such reasonable conditions and safeguards in addition to those expressed in this ordinance, as it may deem necessary to implement of the purposes of this chapter.
(1) 
Whenever the Board hears a special exception for uses specified in this chapter, the following general standards shall be considered in addition to those set forth in § 27-1605:
(a) 
If the use(s) is in accordance with the Borough Comprehensive Plan and consistent with the spirit, purposes and intent of this chapter.
(b) 
If the use is in the best interest of the Borough, the convenience of the community, the public welfare and is an improvement to the property in the immediate vicinity.
(c) 
If the use(s) is suitable for the property in question and designed, constructed, operated and maintained so as to be in harmony with the existing or intended character of the general vicinity.
(d) 
If the use(s) is suitable in terms of the logical, efficient and economical extension of public services and facilities such as public water, public sewer, police and fire protection, public schools and the like.
(e) 
If the use(s) is suitable in terms of effects on street traffic and safety with adequate pedestrian and vehicular access arrangements to protect streets from undue congestion and hazard. The Zoning Hearing Board may impose whatever conditions regarding layout, circulation and performance it deems necessary to insure that any proposed development will substantially secure the objectives of this chapter.
D. 
Challenge to the Validity of Any Ordinance or Map. The Board shall hear challenges to the validity of a zoning ordinance or map, except those related to questions of an alleged defect in the process of enactment or adoption or those related to a request for a curative amendment. In those challenges which apply herein, the Board shall take evidence and make a record thereon, as provided in this § 27-1704 herein. At the conclusion of the hearing, the Board shall decide all contested questions and make findings on all relevant issues of fact which shall become part of the record on appeal to the Court.
E. 
Unified Appeals. The Board, having jurisdiction over zoning matters pursuant to § 27-1705 shall hear all appeals which an applicant may elect to bring before it with respect to any Borough ordinance or requirement pertaining to the same development plan or development. In any such case, the Board shall have no power to pass upon the non-zoning issues, but shall take evidence and make a record thereon as provided in this § 27-1704 herein. At the conclusion of the hearing, the Board shall make findings on all relevant issues of fact which shall become part of the record on appeal to the Court.
[Ord. 588, 4/12/1995, § 1705; as amended by Ord. No. 2018-757, 12/12/2018]
1. 
Any variance, conditional use, or special exception granted in accordance with this chapter is void if action in compliance therewith is not commenced within one year from the date of the opinion and decree granting the same unless an extension is granted by Borough Council.
2. 
Borough Council may grant extensions of up to 180 days each. Application for an extension shall be made in writing to the Borough Council which will render a decision at a regularly scheduled public meeting. The grant of an extension shall be at the sole discretion of the Borough Council. No automatic right to an extension is intended or implied. If action in compliance therewith is not commenced within the extension period, such zoning relief shall be void unless another extension is granted by Borough Council.
3. 
If an extension is not granted, the applicant may reapply for the variance, conditional use, or special exception. Such application will be made anew as if no relief had been previously granted.
4. 
If work is commenced during the valid zoning relief period, or during any extension thereto, the zoning relief will expire if the authorized work is suspended or abandoned for a period of 180 days after work stops, unless extended as set forth in Subsection B.
5. 
The Zoning Officer may revoke a zoning permit in the case of any false statement or misrepresentation in either the application or the plans on which the zoning permit is based. If a zoning permit is revoked, any other permits issued on the strength of the zoning permit shall automatically become invalid.
6. 
For the purposes of this section, "commencement of construction" is defined as the point of having an approved building permit in hand and beginning actual demolition or excavation for the project. Work then must continue on a daily or regular basis until completion.
[Ord. 588, 4/12/1995, § 1706]
1. 
All appeals and applications made to the Board shall be in writing of forms prescribed by the Board.
2. 
Every appeal or application shall refer to the specific provisions of this chapter involved and shall exactly set forth the interpretation that is claimed, the grounds for any challenges to the validity on this chapter, the use for which a special exception is sought, or the details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted, as the case may be.
3. 
Applications and appeals, together with the required filing fee, as established by the Borough elected officers, shall be submitted to the Zoning Officer for referral to the Zoning Hearing Board.
[Ord. 588, 4/12/1995, § 1707]
Parties to proceedings before the Zoning Hearing Board may utilize mediation option as an aid in completing such proceedings. Such proceedings shall be in accordance with § 908.1 of the Municipalities Planning Code, as amended, 53 P.S. § 10908.1.