A. 
Appointment.
(1) 
The Zoning Hearing Board shall be continued and shall consist of three residents of the Borough appointed by Borough Council.
(2) 
Board members shall serve terms of three years, so fixed that the term of office of no more than one member shall expire each year.
(3) 
Board members may hold no elected Borough offices.
(4) 
Borough Council may appoint at least one but no more than three Borough residents to serve as alternate members of the Board. An alternate member shall serve a term of three years. An alternate serving in place of a regular Board member shall be entitled to participate in all proceedings and discussions of the Board to the same extent as Board members, shall have all the powers and duties set forth in this act and as otherwise provided by law, and shall have the right to cast a vote. An alternate, not serving in place of a regular Board member, may participate in proceedings or discussions of the Board, but shall not be entitled to vote. Alternates shall hold no elected Borough or be the Zoning Officer or a member of the Planning Commission.
B. 
Removal of members. Board members may be removed for malfeasance, misfeasance, nonfeasance, or just cause by vote of Borough Council, taken after giving the member 15 days' advance notice of the intent to take a vote. A hearing shall be held prior to the vote if the member requests it in writing in advance of the meeting.
C. 
Vacancies.
(1) 
The Board shall promptly notify Borough Council of any vacancies which occur.
(2) 
Appointments to fill vacancies shall be for the unexpired portion of the term.
D. 
Organization.
(1) 
Officers. The Board shall elect officers from its own membership. Officers shall serve annual terms and may succeed themselves.
(2) 
Quorum. To conduct hearings and take action, a quorum shall be not less than a majority of all members of the Board, except for the following:
(a) 
Hearing officer. The Board may appoint a hearing officer from its members to conduct hearings on its behalf and the parties may waive further action by the Board, pursuant to the Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(3) 
Rules. The Board may make, alter, and rescind rules and forms for its procedure, consistent with all applicable Borough ordinances and state law.
E. 
Records. The Board shall keep full public records of its business, which records shall be the property of the Borough, and shall submit reports of its activities to Borough Council as requested by Borough Council.
F. 
Jurisdiction. The Board 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 Borough Council as a curative amendment.
(2) 
Challenges to the validity of a land use ordinance raising procedural questions or alleging defects in the enactment or adoption of the ordinance; challenges shall be raised by an appeal taken within 30 days after adoption of the ordinance.
(3) 
Appeals from the determination of the Zoning Officer, including, but not limited to, the granting or denial of any permit, failure to act upon an application, the issuance of a cease and desist order, and registration or refusal to register a nonconforming use, building, structure, or lot.
(4) 
Appeals from determinations by the Borough Engineer or Zoning Officer with reference to the administration of Chapter 203, Floodplain Management, Chapter 366, Stormwater Management, Part 1, or the provisions within a land use ordinance.
(5) 
Applications for variances from the terms of this chapter, Chapter 203, Floodplain Management, or the provisions within a land use ordinance.
(6) 
Applications for special exceptions under this chapter, Chapter 203, Floodplain Management, or the provisions within a land use ordinance.
(7) 
Appeals from determinations of officers or agencies charged with the administration of transfer of development rights or performance density provisions under this chapter.
(8) 
Appeals from the Zoning Officer's determinations.
Upon appeal from a decision or determination by the Zoning Officer, the Board shall decide any questions:
A. 
Involving the interpretation of any provisions of this chapter, including determination of the exact location of any disputed district boundary; and
B. 
Involving a review of the actions of the Zoning Officer, where it is alleged there is error in any order, cease and desist order, stop order, requirement, decision, or determination made by the Zoning Officer in the application or enforcement of this chapter.
A. 
The Board shall hear applications for variances where it is alleged that the provisions of this chapter inflict unnecessary hardship upon the applicant. The power to grant a variance shall be sparingly exercised and only under peculiar and exceptional circumstances. The Board may prescribe the form of application and may require preliminary application to the Zoning Officer. The Board may grant a variance after all of the following relevant findings are made in a given case:
(1) 
That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, exceptional topography or other physical conditions peculiar to the property, and the unnecessary hardship is due to these conditions and not circumstances or conditions generally created by the provisions of this chapter in the district or neighborhood in which the property is located.
(2) 
That because of these 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 grant of a variance is therefore necessary to enable the reasonable use of the property.
(3) 
That the grant of a variance will not permit the establishment within a district of any use which is not established in that district.
(4) 
That the unnecessary hardship has not been created by the applicant nor is based upon financial considerations.
(5) 
That the grant of a variance would not alter the essential character of the neighborhood or district in which the property is located, substantially or permanently impair the appropriate use or development of adjacent properties, nor be detrimental to the public welfare.
(6) 
That the grant of a variance would represent the minimum variance that would afford relief and would represent the least modification possible of the regulation in issue.
B. 
In granting a variance, the Board may attach conditions and safeguards it deems necessary to implement the purposes of this chapter and protect the community.
A. 
Applicability. Where Borough Council has set forth standards and conditions to be considered, the Board shall hear and decide requests for special exceptions in accordance with those standards and conditions.
B. 
Conditions and standards. After hearing an application for a special exception, the Board shall render a decision and issue findings of fact. In granting a special exception, the Board may attach conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter.
C. 
General requirements and standards applicable to all special exceptions. The Board shall grant a special exception only if it finds substantive evidence that the application meets all of the following general requirements as well as any specific requirements and standards listed for the proposed use. The Board shall require that the proposed use and location is:
(1) 
Consistent with the spirit, purposes, and the intent of this chapter and all other applicable Borough ordinances and planning documents adopted or accepted by Borough Council;
(2) 
In the best interests of the Borough, the public welfare, convenience of the community, and a substantial improvement to properties in the general vicinity;
(3) 
Suitable for the property in question, and designed, constructed, operated, and maintained to be in harmony with and appropriate in appearance to the existing or intended character of the general vicinity;
(4) 
In conformance with all applicable requirements of this chapter and all other applicable Borough ordinances;
(5) 
Suitable in terms of effects on highway traffic and safety with adequate access arrangements to protect streets from undue congestion and hazard; and
(6) 
In accordance with sound standards of subdivision practice where applicable.
D. 
The Board may impose conditions regarding circulation, layout, buffering, environmental protection and performance it deems necessary to insure that the application shall substantially meet the objectives of Borough ordinances.
The Board shall hear challenges to the validity of this chapter or map, except as indicated in Sections 1003 and 1004(1)(b) of the Pennsylvania Municipalities Planning Code.[1] In all such challenges, the Board shall take evidence and make a record as provided in § 450-1202D. At the conclusion of the hearing, the Board shall decide all contested questions and shall make findings of fact on all relevant issues which shall become part of the record.
[1]
Editor's Note: Sections 1003 and 1004(1)(b) of the Pennsylvania Municipalities Planning Code were repealed by Act No. 170 of 1988; see now Article X-A of the Pennsylvania Municipalities Planning Code, 53 P.S. § 11000-A et seq.
Where the Board has jurisdiction over a zoning matter pursuant to §§ 450-1101 to 450-1104, the Board shall also hear all appeals which an applicant may elect to bring before it with respect to any municipal ordinance or requirement pertaining to the same development plan or application. The Board shall have no power to pass upon the nonzoning issues, but shall take evidence and make a record as provided in § 450-1202D. At the conclusion of the hearing, the Board shall make findings of fact on all relevant issues which shall become a part of the record.
In exercising the above-mentioned powers, the Board may in conformity with law and the provisions of this chapter, reverse or affirm, wholly or partly, may modify any order, requirement, decision, or determination appealed from, and may make such order, requirement, decision, or determination as in its opinion ought to be made. Notice of decisions shall be given to all parties in interest.
A. 
All appeals from a decision of the Zoning Officer and applications to the Board shall be in writing on forms provided by the Borough. The applicant is responsible to identify sections of the ordinance that apply.
B. 
Every appeal or application shall include the following and be submitted with a total of 10 copies (which may include the original):
(1) 
The name and address of the applicant or appellant;
(2) 
The name and address of the owner of the property to be affected by the proposed change or appeal (if not the same as above);
(3) 
A brief description and location of the property to be affected by the proposed change or appeal;
(4) 
A statement of the present zoning classification of the property in question, the present use of the property, and the existing improvements;
(5) 
A statement of the section of this chapter under which the application is made and reasons why it should be granted, or a statement of the section of this chapter governing the situation in which the alleged erroneous ruling is being appealed and the reasons for this appeal;
(6) 
An accurate description of the actions to be taken under the application, indicating the materials, size, and general construction of any proposed improvements. Ten copies of the plot plan of the property to be affected, indicating the location and size of the lot and the location and size of existing and intended improvements, shall be attached to the application;
(7) 
Detailed site plans for § 450-1005 applications; and
(8) 
All other information listed on the Borough application form.
Persons aggrieved. The time limitations for raising issues and filing proceedings with the Board shall be as follows:
A. 
Filing.
(1) 
All proceedings shall be filed with the Board within 30 days after a permit, decision, order, or application for development, preliminary or final, has been made by a Borough officer, agency or body.
(2) 
All applicants, owners, or parties in interest shall be bound by the knowledge, of predecessors in interest of all actions, grants, or denials affecting the property.
B. 
The failure of any person to appeal from a decision shall preclude an appeal from a final approval, except where the final submission substantially deviates from the approved tentative or preliminary approval.
Appeals to the Board may be taken by any Borough official or person aggrieved or affected by any provisions of this chapter or by any finding, decision, determination, stop order, or cease and desist order issued by the Zoning Officer in applying or enforcing the provisions of this chapter.
Upon filing of any proceeding under Articles X and XI and during its pendency before the Board, 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. If the applicant, Zoning Officer, or any other appropriate agency or body certifies to the Board facts indicating that the stay would cause imminent peril to life or property, cause unnecessary hardship, or cause irreparable harm, the development or official action shall not be stayed. The stay shall not be lifted unless a petition is filed and notice is given to the applicant, Zoning Officer, Borough Council, or other appropriate agency or body.
A. 
If a variance is granted, permit approved, or other action requested by an applicant authorized, the necessary permits shall be secured within six months after the requested action is approved or granted. All construction shall begin within six months of the issuance of the permit. If the applicant submits complete plans for a required site plan review within this period, the six-month period shall begin after the site plan review is completed. After written request setting forth good cause, the Board may extend to 12 months the six-month permit application period.
B. 
Should the applicant fail to obtain the necessary permits within the above six or twelve-month period, or having obtained the permit fail to commence substantial construction (as defined by Borough ordinances and this chapter) within the six- or twelve-month period, it shall be conclusively presumed that the applicant has waived, withdrawn, or abandoned the appeal or application, and all provisions, variances, and permits granted, by the Board shall be deemed automatically rescinded.
A. 
In an appeal from the Board to the Court of Common Pleas, the applicant shall make the return required by law and promptly notify the Zoning Hearing Board Solicitor and Borough Solicitor of the appeal.
B. 
Any decision of the Board not appealed within 30 days after sending of notice shall be final.
C. 
Appeal by the Zoning Officer. The Zoning Officer may request that the Board interpret a definition or requirement that is contradictory or unclear. The applicant shall not be responsible for fees related to the Board's review.
D. 
Appeal from the Zoning Officer. The applicant may request that the Board interpret a definition or requirement that is unclear or contradictory.
The applicant for any hearing before the Board shall, at the time of making application, pay to the Zoning Officer, for the use of the Borough, a fee in accordance with the current fee schedule adopted by resolution of Borough Council.