[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The membership of the Zoning Hearing Board shall consist of
three residents of Lansford Borough appointed by the Borough Council
by resolution. The terms of office for Board members shall be three
years and shall be so fixed that the term of office of one member
shall expire each year. The Board shall promptly notify the Borough
Council of any vacancies which occur. Appointments to fill vacancies
shall be only for the unexpired portion of the term. Members of the
Board shall hold no other office in the Borough, including membership
upon the Planning Commission, nor shall any member be an employee
of the Borough.
The Borough Council may appoint by resolution one resident of Lansford Borough to serve as an alternate member of the Board. When seated pursuant to the provisions of §
465-1504 of this chapter, an 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, including specifically the right to cast a vote as a voting member during proceedings, and shall have all the powers and duties set forth in this chapter and as otherwise provided by law. An alternate shall hold no other office in the Borough, including membership on the Borough Planning Commission. An alternate may participate in any proceedings or discussions of the Board, but shall not be entitled to vote as a member of the Board unless designated as a voting alternate member pursuant to §
465-1504 of this chapter. The term of office for an alternate member of the Zoning Hearing Board shall be one year.
Any Board member or alternate may be removed for malfeasance,
misfeasance or nonfeasance in office or for any other just cause by
the Borough Council. Prior to any vote by the Borough Council, the
member shall receive notice 15 days in advance of the date at which
it intends to take such a vote. A hearing before the Borough Council
shall be held in connection with the vote, if the member requests
a hearing in writing.
Within the limits of appropriated funds, the Board may employ
or contract for secretaries, clerks, legal counsel, consultants, and
technical services which they may deem necessary to augment the Board
in the performance of their duties.
The Zoning Hearing Board shall conduct hearings and render decisions
in accordance with the following:
A. Notice of hearings before the Board shall be by public notice; a
notice published once a week for two successive weeks in a newspaper
of general circulation in the Borough. Such notice shall state the
time and place of the hearing and the particular nature of matters
to be considered at the hearing by the Board. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
B. Written notice of all hearings before the Board shall be conspicuously
posted on the affected property not less than one week prior to the
hearing.
(1)
Written notice shall be given to the Zoning Officer, to the
applicant, to the owner of record of the subject property before the
Board, if different than that of the applicant, to the owner of record
of any property which has a common side yard or rear yard boundary
or opposite frontage with the subject property before the Board and
to any party or person who has submitted a written request to receive
notification on the subject property.
(2)
Lansford Borough shall be responsible for providing the Zoning
Hearing Board with the names and addresses of the true and correct
owners of record as evidenced by tax records within Lansford Borough.
While it shall be the intent of the Lansford Borough Zoning Hearing
Board to provide written notice to property owners which have a common
side yard, rear yard or opposite frontage to the subject property
before the Board, failure to do so shall not represent a basis for
appeal or otherwise invalidate a decision and/or finding of the Zoning
Hearing Board.
C. The Borough Council may prescribe reasonable fees with respect to
hearings before the Board. Fees for said hearings may include compensation
for the secretary and, if applicable, 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 Board or expenses for engineering, architectural
or other technical consultants or expert witnesses.
D. The first hearing shall be held within 60 days from the date of the
applicant's request, unless the applicant has agreed in writing to
an extension of time. The sixty-day time period shall not commence
until the applicant has submitted a properly completed application,
with all required signatures and all required fees. Each subsequent
hearing shall be held within 45 days of the prior hearing, unless
otherwise agreed to by the applicant in writing or on the record.
Any party aggrieved by the schedule or progress of the hearings may
apply to the Court of Common Pleas for relief. The hearing shall be
completed no later than 100 days after the completion of the applicant's
case in chief unless extended for good cause upon application to the
Court of Common Pleas.
E. Hearings shall be conducted by the Board or the Board may appoint
any member or an independent attorney as a hearing officer. The decision,
or where no decision is called for, the findings shall be made by
the Board, unless the appellant or applicant, as the case may be,
in addition to the Borough, agrees to waive any decision or findings
by the Board and accept the decision or findings of the hearing officer
as final. If the decision or findings of the hearing officer are to
be accepted as final, all parties to the hearing must agree to such
stipulation at the outset of the hearing.
F. The parties to the hearing shall be the Borough, any person affected
by the application who has made a timely appearance of record before
the Board, and any other person including civic or community organizations
permitted to appear by the Board. The Board shall have power to require
that all persons who wish to be considered parties to the hearing
enter appearances in writing on forms provided by the Board for such
purpose.
G. The presiding Chairman or acting Chairman of the Board or hearing
officer shall have the power to administer oaths and issue subpoenas
to compel attendance of witnesses and the production of relevant documents
and papers, including witnesses and documents requested by parties
to the hearing.
H. The parties to the hearing shall have the right to be represented
by legal counsel and shall be afforded the opportunity to respond
and present evidence and arguments and to cross-examine adverse witnesses
on all relevant issues.
I. Formal rules of evidence shall not apply, but irrelevant, immaterial
or unduly repetitious evidence may be excluded.
J. The Board or the hearing officer, as the case may be, shall keep
a stenographic record of the proceedings. The appearance fee for a
stenographer shall be shared equally by the applicant and the Board.
The cost of the original transcript shall be paid by the Board if
the transcript is ordered by the Board or hearing officer, or shall
be paid by the person appealing from the decision of the Board, if
such appeal is made and in the event the cost of additional copies
shall be paid by the person requesting such copies. In other cases
the party requesting the original transcript shall bear the cost thereof.
K. The Board, collectively or individually, or the hearing officer,
as the case may be, shall not communicate directly or indirectly with
any party or his representatives in connection with any issue before
the Board involved except upon notice and opportunity for all parties
to participate, shall not take notice of any communication, reports,
staff memoranda, or other materials, except advice from its solicitor,
unless all 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.
L. The Board or the hearing officer, as the case may be, shall render a written decision or, if no decision is called for, make written findings on the application within 45 days after the last hearing before the Board or hearing officer. If 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 any provisions of this chapter or any other ordinance, rule or regulation, shall contain a reference to the provisions relied upon and the reasons why the conclusion is deemed appropriate in light of the facts found. If the hearing is conducted by a hearing officer, and there has been no stipulation that his decision or findings are final, the Board shall make his report and recommendations available to the parties of record within 45 days. The parties shall be entitled to make written representations thereon to the Board prior to final decision or entry of findings, with the Board's decision entered no later than 30 days after the report of the hearing officer. If the Board fails to commence, conduct or complete the required hearing as provided for under §
465-1506D, 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. If a decision has been rendered in favor of the applicant because of their failure of the Board to meet or render a decision as herein above provided, the 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 under §
465-1506A and written notice of the decision shall be mailed to those parties identified under §
465-1506B. If the Board fails to provide such notice, the applicant may do so. Nothing contained within this section shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.
M. In any appeal of an enforcement notice under §
465-1304A of this chapter, the Zoning Hearing Board shall require that the Zoning Officer and/or Borough provide its evidence first to the Board regarding the basis, nature and supporting information regarding the subject enforcement notice. Upon the conclusion of the same, the appealing party shall provide the Board with his/her evidence in contesting the subject enforcement notice. Any filing fees paid by a party to appeal an enforcement notice to the Zoning Hearing Board shall be returned to said party if the Zoning Hearing Board or any subsequent court rules in favor of the appealing party.
N. The final decision or, where no decision is called for, the findings
shall be rendered by the Zoning Hearing Board at a public hearing.
A copy of the written decision or findings shall be delivered to the
applicant personally or mailed to him not later than the day following
the date of the Board's decision or findings. The Zoning Hearing Board
shall provide by mail or otherwise to all persons who have filed their
name and address with the Board, not later than the last day of the
hearing, a statement of brief notice of the decision or findings and
a statement of the place at which a copy of the full decision or findings
may be examined.
The Zoning Hearing Board, in accordance with the Pennsylvania
Municipalities Planning Code, Act 247, as amended, shall have exclusive jurisdiction to hear and render final
adjudication in the following matters:
A. Substantive challenges to the validity of any land use ordinance, except for those brought before the Borough Council under §
465-1403A of this chapter.
B. Appeals from the determination of the Zoning Officer, including but
not limited to the application and/or interpretation of regulations,
granting or denial of any permit, or failure to act on the application
therefor, the issuance of any cease and desist order, the revocation
of a zoning permit/or building permit or the registration of or refusal
to register any nonconforming use, structure or lot.
C. Appeals from a determination by the municipal engineer or the Zoning
Officer with reference to the administration of any floodplain or
flood hazard ordinance provision or regulation within any land use
ordinance.
D. Applications for variances, pursuant to §
465-1509 of this chapter.
E. Applications for special exceptions pursuant to §
465-1510 of this chapter.
F. 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 not related to development which is classified as a subdivision,
land development, or a planned residential development.
Appeal and/or applications for hearings before the Zoning Hearing Board pursuant to those matters contained within §
465-1509 of this chapter may be filed with the Board in writing by the affected landowner or by any aggrieved person or party. The Board shall not accept appeals or applications for hearings from any tenant or equitable owner of a property without the express written consent of the landowner. In such cases, the landowner's signature shall be required upon all applicable forms, applications or documents which are to be submitted to the Board.