[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.