A Zoning Hearing Board is established in order that the objectives
of this chapter may be more fully and equitably achieved and a means
for competent interpretation of this chapter provided.
Any Zoning Hearing Board member may be removed for malfeasance,
misfeasance or nonfeasance in office or for other just cause by a
majority vote of the Borough Council, taken after 15 days' advance
notice of the intent to take such a vote. A hearing shall be held
in connection with the vote if the member shall request it in writing.
Hearings pursuant to this chapter shall be held by the Zoning
Hearing Board and/or the Borough Council in accordance with the following
requirements:
A. Public notice shall be given and written notice shall be given to
the applicant, the Zoning Officer, such other persons as the Borough
Council shall designate by ordinance and to any person who has made
timely request for the same. Written notices shall be given at such
time and in such manner as shall be prescribed by ordinance or, in
the absence of ordinance provision, by rules of the Zoning Hearing
Board. In addition to the written notice provided herein, written
notice of said hearing shall be conspicuously posted on the affected
tract of land at least one week prior to the hearing.
B. The Borough Council may prescribe reasonable fees by resolution with
respect to hearings. 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.
C. The hearing shall be held within 60 days from the date of acceptance
of the applicant's completed application, unless the applicant has
agreed, in writing, to an extension of time.
D. The hearings shall be conducted by the Zoning Hearing Board. The
decision or, where no decision is called for, the findings shall be
made by the Board.
E. The parties to the hearing shall be the Borough, any person affected
by the application who has made timely appearance of record before
the Zoning Hearing Board and any other person, including civic or
community organizations permitted to appear by the Zoning Hearing
Board. The Zoning Hearing Board shall have power to require that all
persons who wish to be considered parties enter appearances, in writing,
on forms provided by the Zoning Hearing Board for that purpose.
F. The Chairperson or Acting Chairperson of the Zoning Hearing Board
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.
I. The Zoning Hearing Board shall keep a stenographic record of the
proceedings. 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 shall
be paid by the person appealing 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.
J. The Zoning Hearing Board shall not communicate, directly or indirectly,
with any party or his representatives in connection with any issues
involved, except upon notice and where all parties have opportunity
to participate. The Zoning Hearing Board shall not take notice of
any communication, report, staff memoranda or other materials, except
advice from its Solicitor, unless the parties are afforded an opportunity
to contest the material so noticed and 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 Zoning Hearing Board shall render a written decision or, where no decision is called for, make written findings on the application within 45 days after the last hearing before the Zoning Hearing Board. Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons therefor. Conclusions based on the provisions of any Act of the commonwealth or any ordinance, rule or regulation shall contain a reference to the provision relied upon and the reasons why the conclusion is deemed appropriate in light of the facts found. Where the Zoning Hearing Board fails to render its decision within 45 days or fails to hold the required hearing with 60 days from the date of the applicant's completed and accepted request for a hearing, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed, in writing or on the record, to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the Zoning Hearing Board to meet or render a decision as hereinabove provided, the Zoning Hearing Board shall give public notice of said decision within 10 days from the last day it could have met to render a decision in the same manner as provided in Subsection
A of this section. If the Zoning Hearing Board shall fail to provide such notice, the applicant may do so. Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.
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 after its date. To all other
persons who have filed their name and address with the Zoning Hearing
Board not later than the last day of the hearing, the Zoning Hearing
Board shall provide by mail or otherwise brief notice of the decision
or findings and a statement of the place at which the full decision
or findings may be examined.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Appeals under §
440-145A(1),
(2),
(3),
(4) and
(7) of this chapter may be filed with the Zoning Hearing Board, in writing, by the landowner affected, any officer or agency of the Borough, or any person aggrieved. Requests for a variance under §
440-146 and for a special exception under §
440-147 of this chapter may be filed with the Zoning Hearing Board by any landowner or any tenant with the permission of such landowner.
All appeals from all land use decisions rendered pursuant to
this article shall be taken to the Court of Common Pleas of the judicial
district wherein the land is located and shall be filed within 30
days after entry of the decision or in the case of a deemed decision
within 30 days after the notice of said deemed decision is given.