A. 
There is hereby created for the Borough a Zoning Hearing Board (ZHB) in accordance with the provisions of Article IX of the PA MPC, Act 247,[1] as amended.
[1]
Editor's Note: See 53 P.S. §§ 10901 through 10918.
B. 
The membership of the ZHB shall consist of three residents of the Borough appointed by resolution by the Borough Council. The 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 ZHB 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 ZHB shall hold no other office in the Borough. Members of the ZHB shall hold no other elected or appointed office in the Borough, nor shall any member be an employee of the Borough.
C. 
The Borough Council may appoint by resolution at least one but no more than three residents of the Borough to serve as alternate members of the ZHB. The term of office of an alternate member shall be three years. When seated pursuant to the provisions of § 906 of the MPC, Act 247,[2] as amended, an alternate shall be entitled to participate in all proceedings and discussions of the ZHB to the same and full extent as provided by law for ZHB members, including specifically the right to cast a vote as a voting member during the proceedings, and shall have all the powers and duties set forth in the MPC and as otherwise provided by law. Alternates shall hold no other office in the Borough, including membership on the Planning Commission and Zoning Officer. Any alternate may participate in any proceeding or discussion of the ZHB but shall not be entitled to vote as a member of the ZHB nor be compensated pursuant to § 907 of the MPC[3] unless designated as a voting alternate member pursuant to § 906 of the MPC.
[2]
Editor's Note: See 53 P.S. § 10906.
[3]
Editor's Note: See 53 P.S. § 10907.
D. 
Any ZHB 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 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.
E. 
The ZHB shall elect from its own membership its officers, 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 a majority of all the members of the ZHB, but the ZHB may appoint a hearing officer from its own membership to conduct any hearing on its behalf and the parties may waive further action by the ZHB as provided in this chapter.
F. 
The ZHB may make, alter, and rescind rules and forms for its procedure, consistent with ordinances of the Borough and laws of the Commonwealth of Pennsylvania. The ZHB 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.
G. 
Within the limits of funds appropriated by the Borough Council, the ZHB may employ or contract for secretaries, clerks, legal counsel, consultants, and other technical and clerical services. Members of the ZHB 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. 
Expenditures. Within the limits of funds appropriated by the Council, the ZHB may employ or contract for secretaries, clerks, legal counsel, consultants, and other technical and clerical services.
B. 
Fees. An applicant before the ZHB shall deposit with the Zoning Officer the appropriate filing fee. Fees shall be established by resolution of Borough Council.
A. 
The ZHB shall conduct hearings and make decisions in accordance with the following requirements.
B. 
Filing appeals and requests to the ZHB. Requests for hearings before the ZHB shall be made as follows:
(1) 
An appeal to the ZHB may be filed by the landowner affected, any officer or agency of the Borough, or any person aggrieved. Such appeal shall be taken within the time as stipulated by the MPC[1] and the rules of the ZHB, by filing with the Zoning Officer a notice of appeal specifying the grounds thereof. The appropriate fee, established by resolution of the Borough, shall be paid in advance for each appeal or application. Requests for a variance and special exception may be filed with the ZHB by any landowner or any tenant with the permission of such landowner.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(2) 
Notice. Public notice shall be given pursuant to this chapter and written notice shall be given to the applicant, Zoning Officer, 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 rules of the ZHB. 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.
(3) 
Timing. A hearing shall be held within 60 days from the official application date requesting a hearing unless the applicant has agreed to an extension of time. The hearings shall be conducted by the ZHB or the ZHB may appoint any member or an independent attorney as a hearing officer. The decision, or, when no decision is called for, the findings shall be made by the ZHB; however, the appellant or the applicant, as the case may be, in addition to the Borough, may prior to the decision of the hearing, waive decision or findings by the ZHB and accept the decision or findings of the hearing officer as final.
(4) 
Parties to the hearing. The parties to the hearing shall be the Borough, any person affected by the application who has made timely appearance of record before the ZHB, and any other person including civic or community organizations permitted to appear by the ZHB. The ZHB shall have power to require that all persons who wish to be considered parties enter appearances in writing on forms provided by the ZHB for that purpose.
(5) 
Powers of the chairman. The Chairman, Acting Chairman, or Hearing Officer presiding shall have the 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.
(6) 
Rights of the parties. The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond, to present evidence, and to argue and cross-examine adverse witnesses on all relevant issues.
(7) 
Exclusion of evidence. Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded by the ZHB.
(8) 
Record of the proceedings. A stenographic record of the proceedings shall be made by a court reporter. The appearance fee for the court reporter shall be shared equally by the applicant and the ZHB. Any party requesting the original transcript, or a copy of the transcript shall bear the cost of the same. Copies of graphic or written material received in evidence shall be made available to any party at cost.
(9) 
Communications. Once a formal application has been duly filed, the ZHB shall not communicate, directly or indirectly, with any party or his representative in connection with any issue involved except upon notice and opportunity for all parties to participate. Further, the ZHB shall not take notice of any communication unless the parties are afforded an opportunity to contest the material and shall not inspect the site or its surroundings with any party or his representative unless all parties are given an opportunity to be present.
A. 
The ZHB shall have exclusive jurisdiction to hear and render final adjudications in the following matters:
(1) 
Substantive challenges to the validity of any land use ordinance, except those brought before the Borough Council pursuant to § 609.1 and 916.1(a)(2) of the MPC, Act 247,[1] as amended.
[1]
Editor's Note: See 53 P.S. §§ 10609.1 and 10916.1(a)(2).
(2) 
Challenges to the validity of a land use ordinance raising procedural questions or alleged defects in the process of enactment or adoption which challenges shall be raised by an appeal taken within 30 days after the effective date of said ordinance.
(3) 
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.
(4) 
Appeals from a determination by the Borough 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.
(5) 
Applications for variances from the terms of this chapter and flood hazard ordinance, or such provisions within a land use ordinance, pursuant to § 910.2 of the MPC, Act 247,[2] as amended.
[2]
Editor's Note: See 53 P.S. § 10910.2.
(6) 
Applications for special exceptions under this chapter or floodplain or flood hazard ordinance, or such provisions within a land use ordinance, pursuant to § 912.1 of the MPC, Act 247,[3] as amended.
[3]
Editor's Note: See 53 P.S. § 10912.1.
(7) 
Appeals from the determination of any officer or agency charged with the administration of any transfers of development rights or performance density provisions of this chapter.
(8) 
Appeals from the Zoning Officer's determination under § 916.2 of the MPC, Act 247,[4] as amended.
[4]
Editor's Note: See 53 P.S. § 10916.2.
(9) 
Appeals from the determination of the Zoning Officer or Borough 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 related to development not involving applications under Article V or VII or the MPC, Act 247,[5] as amended.
[5]
Editor's Note: See 53 P.S. §§ 10501 through 10515.3 or §§ 10701 through 10713.
B. 
The Borough Council shall have exclusive jurisdiction to hear and render final adjudications in the following matters:
(1) 
All applications for approvals of planed residential developments under Article VII of the MPC pursuant to the provisions of § 702 of the MPC, Act 247,[6] as amended.
[6]
Editor's Note: See 53 P.S. § 10702.
(2) 
All applications pursuant to § 508 of the MPC, Act 247,[7] as amended, for approval of subdivisions or land developments under Article V of the MPC, Act 247, as amended.
[7]
Editor's Note: See 53 P.S. § 10508.
(3) 
Applications for conditional use under the express provisions of this chapter.
(4) 
Applications for curative amendment to this chapter or pursuant to § 609.1 and 916.1(a) of the MPC, Act 247,[8] as amended.
[8]
Editor's Note: See 53 P.S. §§ 10609.1 and 10916.1(a).
(5) 
All petitions for amendments to land use ordinances, pursuant to the procedures set forth in § 609 of the MPC, Act 247,[9] as amended.
[9]
Editor's Note: See 53 P.S. § 10609.
(6) 
Appeals from the determination of the Zoning Officer or the Borough Engineer in the administration of any land use ordinance or provisions thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relate to applications for land development under Article V and VII of the MPC, Act 247,[10] as amended. Where such determination relates only to development not involving an Article V or VII application, the appeal from such determination of the Zoning Officer or the Borough Engineer shall be to the ZHB pursuant to this section. Where the applicable land use ordinance vests jurisdiction for final administration of subdivision and land development applications in the Planning Commission, all appeals from determinations under this section shall be to the Planning Commission and all appeals from the decision of the Planning Commission shall be to court.
[10]
Editor's Note: See 53 P.S. §§ 10501 through 10515.3 and 53 P.S. §§ 10701 through 10713.
A. 
The ZHB shall hear requests for variances where it is alleged that the provisions of this article inflict unnecessary hardship upon the applicant. The ZHB may, by rule, prescribe the form of application and may require preliminary application to the Zoning Officer. The ZHB may grant a variance, provided that all of the following findings are made where relevant in a given case:
(1) 
That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographic or other physical conditions peculiar 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) 
That 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 and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.
(3) 
That such unnecessary hardship has not been created by the applicant.
(4) 
That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare.
(5) 
That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.
B. 
In granting any variance, the ZHB may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter and the MPC, Act 247,[1] as amended.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
All applications to the ZHB shall be in writing on forms prescribed and provided by the Borough. Every application shall include the following:
A. 
The name and address of the applicant or the appellant;
B. 
The name and address of the owner of the lot to be affected by such proposed change or appeal;
C. 
A brief description and location of the lot to be affected by such proposed change or appeal;
D. 
A statement of the section under which the application is made, and reasons why it should be granted, or a statement of the Section governing the situation in which the alleged erroneous ruling is being appealed, and the reasons for this appeal; and
E. 
A reasonably accurate description of the present improvements and the additions or changes intended to be made under this application, indicating the size of such proposed improvements, materials, and general construction thereof. In addition, there shall be attached a plot plan of the real property to be affected, indicating the location and size of the lot and size of improvements thereon and proposed to be erected thereon.
A. 
Upon filing of any appeal proceeding before the ZHB and during its pendency before the ZHB, all land development pursuant to any challenged ordinance, order or approval of the Zoning Officer or of any agency or body, and all official action thereunder, shall be stayed unless the Zoning Officer or any other appropriate agency or body certifies to the ZHB facts indicating that such stay would cause imminent peril to life or property, in which case the development or official action shall not be stayed otherwise than by a restraining order, which may be granted by the ZHB or by the court having jurisdiction of zoning appeals, on petition, after notice to the Zoning Officer or other appropriate agency or body. When an application for development, preliminary or final, has been duly approved and proceedings designed to reverse or limit the approval are filed with the ZHB by persons other than the applicant, the applicant may petition the court having jurisdiction of zoning appeals to order such persons to post bond as a condition to continuing the proceedings before the ZHB.
B. 
After the petition is presented, the court shall hold a hearing to determine if the filing of the appeal is frivolous. At the hearing evidence may be presented on the merits of the case. It shall be the burden of the applicant for a bond to prove the appeal is frivolous. After consideration of all evidence presented, if the court determines that the appeal is frivolous, it shall grant the petition for a bond. The right to petition the court to order the appellants to post bond may be waived by the appellee, but such waiver may be revoked by him if an appeal is taken from a final decision of the court.
C. 
The question whether or not such petition should be granted, and the amount of the bond shall be within the sound discretion of the court. An order denying a petition for bond shall be interlocutory. An order directing the responding party to post a bond shall be interlocutory.
D. 
If an appeal is taken by a respondent to the petition for a bond from an order of the court dismissing a zoning appeal for refusal to post a bond, the respondent to the petition for a bond, upon motion of the petitioner and after hearing in the court having jurisdiction of zoning appeals, shall be liable for all reasonable costs, expenses and attorney fees incurred by the petitioner.
Appeals raising the substantive validity of any land use ordinance (except those to be brought before the Borough Council pursuant to the MPC[1]); procedural questions or alleged defects in the process of enactment or adoption of a land use ordinance; or 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; from a determination by the Borough 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 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 or PRD may be filed with the ZHB in writing by the landowner affected, any officer or agency of the Borough, or any person aggrieved. Requests for a variance and for special exception may be filed with the ZHB by any landowner or any tenant with the permission of such landowner.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
Unless otherwise specified by the ZHB, a decision on any appeal or request for a variance or special exception shall expire if the applicant fails to apply for any necessary zoning, building, or grading permit, or land development approval, or comply with the conditions of said authorized permit or approval within 12 months from the date of authorization thereof.
Shall be in accordance with Article X of the MPC, Act 247,[1] as amended.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A. 
No person shall be allowed to file any proceeding with the ZHB later than 30 days after an application for development, preliminary or final, has been approved by the Borough if such proceeding is designed to secure reversal or to limit the approval in any manner unless such person alleges and proves that he had no notice, knowledge or reason to believe that such approval had been given. If such person has succeeded to his interest after such approval, he shall be bound by the knowledge of his predecessor in interest. The failure of anyone other than the landowner to appeal from an adverse decision on a tentative plan or from an adverse decision by the Zoning Officer on a challenge to the validity of this chapter or an amendment hereto or map or an amendment thereto shall preclude an appeal from a final approval except in the case where the final submission substantially deviates from the approved tentative approval.
B. 
All appeals from determinations adverse to the landowner shall be filed by the landowner within 30 days after notice of the determination is issued.
A. 
Appeals to Court.
(1) 
The Courts may act upon appeals from the decisions of the ZHB and findings and conclusions of the ZHB in proceedings to challenge the validity of the ordinance or other development regulations of the Borough.
(2) 
The court having jurisdiction shall be the Allegheny County Department of Court Records.
(3) 
Zoning appeals may be taken to court by any party before the ZHB or any officer or agency of the Borough.
(4) 
All zoning appeals shall be filed not later than 30 days after issuance of notice of the decision or report of the ZHB.
(5) 
A developer having received approval from the Borough for his development and faced with an appeal brought by others before the ZHB may petition the Court to order those bringing the appeal to post a bond in an amount established by the Court as a condition of the appeal's continuation before the ZHB. The Court shall hear the petition, determine whether the appeal is frivolous or is designed to delay, and if so, may require the posting of the bond.
B. 
If any application for a variance, or appeal from the Zoning Officer is denied by the ZHB, another application for the same request shall not be filed within a period of one year from the date of denial except upon order of the Court or if the application is substantially changed.
C. 
Optional validity challenges as provided for in Article I, § 108 of the MPC,[1] as amended, for procedural or substantive defects or decisions shall be filed consistent with procedures outlined in said § 108 of the MPC.
[1]
Editor's Note: See 53 P.S. § 10108.
A. 
Parties to proceedings authorized in this article may utilize mediation as an aid in completing such proceedings. In proceedings before the ZHB, in no case shall the ZHB initiate mediation or participate as a mediating party. Mediation shall supplement, not replace, those procedures in this article once they have been formally initiated. Nothing in this section shall be interpreted as expanding or limiting municipal police powers or as modifying any principles of substantive law.