The membership of the Zoning Hearing Board shall consist of
three members appointed by the Borough Council by resolution. Their
terms of office shall be three years and shall be so fixed that the
term of office of one member shall expire each year. The Board Chairman
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.
Any Zoning Hearing Board member may be removed for malfeasance,
misfeasance or nonfeasance in office or for other just cause by majority
vote of the Borough Council, taken after the member has received 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.
The Zoning Hearing Board shall elect its officers from its own
membership, who shall serve 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 two members, but the Zoning Hearing Board may
appoint a hearing officer from its own membership to conduct any hearings
on its behalf. In such a case, the parties may, prior to the decision,
waive a decision by the Zoning Hearing Board and accept the decision
of the hearing officer as provided in the MPC, as amended. The Zoning
Hearing Board may make, alter and rescind rules and forms for its
procedure, consistent with the ordinances of the Borough and the laws
of the commonwealth. The Zoning Hearing Board shall keep full public
records of its business, which records shall be the property of the
Borough, and shall submit a report of its activities to the Borough
Council as requested by the Borough Council.
Within the limits of funds appropriated by the Borough Council,
the Zoning Hearing Board may employ or contract for secretaries, clerks,
legal counsel, consultants and other technical and clerical services.
Members of the Zoning Hearing Board and alternates to the Zoning Hearing
Board, when designated pursuant to § 112-1302.1, 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.
A hearing shall commence within 60 days of the filing of an
administratively complete application. Public notice, as defined herein,
of the hearing, shall be advertised and posted as required by the
MPC, and in addition thereto the Zoning Hearing Board shall post at
least one copy of the notice on the affected property. Hearings shall
be conducted in accordance with the applicable provisions of the MPC.
The Zoning Hearing Board shall have exclusive jurisdiction to
hear and render final adjudications on the following matters:
1. Substantive challenges to the validity of this chapter, except those
challenges brought before the Borough Council pursuant to § 609.1
and § 916.1(a)(2) of the MPC.
2. Appeals from the determination of the Zoning Officer, including,
but not limited to, the granting or denial of any permit, or failure
to act on the application therefor, the issuance of any cease-and-desist
order or the registration or refusal to register any nonconforming
use, structure or lot.
3. Appeals from a determination by a municipal engineer or the Zoning
Officer with reference to the administration of any floodplain or
flood hazard ordinance or such provisions within a land use ordinance.
4. Applications for variances from the terms of this chapter and flood
hazard ordinance or such provisions within a land use ordinance, pursuant
to Section 910.2. of the MPC.
5. Appeals from the Zoning Officer's determination under Section 916.2.
of the MPC.
6. Appeals from the determination of the Zoning Officer or municipal
engineer in the administration of any land use ordinance or provision
thereof with reference to sedimentation and erosion control and stormwater
management insofar as the same relate to development not involving
subdivision and land development applications.
Appeals under §
112-1309 may be filed with the Board in writing by the landowner affected, by any officer or agent of the Borough or any person aggrieved. Requests for a variance under §
112-1309 may be filed with the Zoning Hearing Board only by a landowner or any tenant with the permission of such landowner.