The Council shall appoint a Zoning Hearing Board consisting of three members as prescribed by the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A. 
Officers. The Board shall elect a Chairman from its membership, shall appoint a Secretary and shall prescribe rules in accordance with the provisions of the Municipalities Planning Code and this chapter for the conduct of its affairs. The Chairman, or in his absence, the Acting Chairman, may administer oaths and compel the attendance of witnesses.
B. 
Meetings. Meetings shall be open to the public and shall be at the call of the Chairman and at such other times as the Board shall specify in its rules of procedure. For the conduct of any hearing and the taking of any action, a quorum shall be no less than a majority of all members of the Board.
C. 
Records and decisions. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record.
A. 
Jurisdiction:
(1) 
The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudications in the following matters:
(a) 
Substantive challenges to the validity of any land use ordinance, except those brought before Borough Council pursuant to Sections 609.1 and 916.1(a)(2) of the Pennsylvania Municipalities Planning Code, Act 247, as amended.[1]
[1]
Editor's Note: See 53 P.S. §§ 10609.1 and 10916.1(a)(2), respectively.
(b) 
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. Where the ordinance appealed from is the initial Zoning Ordinance of the Borough and a Zoning Hearing Board has not been previously established, the appeal raising procedural questions shall be taken directly to court.
(c) 
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.
(d) 
Appeals from a determination by a 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.
(e) 
Applications for variances from the terms of the Zoning Ordinance and flood hazard ordinance or such provisions within a land use ordinance, pursuant to section 910.2 of the Pennsylvania Municipalities Planning Code, Act 247, as amended.[2]
[2]
Editor's Note: See 53 P.S. § 10910.2.
(f) 
Applications for special exceptions under the Zoning Ordinance or floodplain or flood hazard ordinance or such provisions within a land use ordinance, pursuant to Section 912.1 of the Pennsylvania Municipalities Planning Code, Act 247, as amended.[3]
[3]
Editor's Note: See 53 P.S. § 10912.1.
(g) 
Appeals from the determination of any officer or agency charged with the administration of any transfers of development rights or performance density provisions of the Zoning Ordinance.
(h) 
Appeals from the Zoning Officer's determination under section 916.2 of the Pennsylvania Municipalities Planning Code, Act 247, as amended.[4]
[4]
Editor's Note: See 53 P.S. § 10916.2.
(i) 
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 relate to development not involving Article V or VII of the Pennsylvania Municipalities Planning Code, Act 247, as amended,[5] applications.[6]
[5]
Editor's Note: See 53 P.S. §§ 10501 et seq. and 10701 et seq., respectively.
[6]
Editor's Note: So in original; apparently missing wording.
(2) 
Borough Council shall have exclusive jurisdiction to hear and render final adjudications in the following matters:
(a) 
All applications for approvals of planned residential developments under Article VII pursuant to the provisions of Section 702 of the Pennsylvania Municipalities Planning Code, Act 247, as amended.[7]
[7]
Editor's Note: See 53 P.S. § 10702.
(b) 
All applications pursuant to Section 508 for approval of subdivisions or land developments under Article V of the Pennsylvania Municipalities Planning Code, Act 247, as amended.[8]
[8]
Editor's Note: See 53 P.S. § 10508.
(c) 
Applications for conditional use under the express provisions of the Zoning Ordinance pursuant to Section 603(c)(2) of the Pennsylvania Municipalities Planning Code, Act 247, as amended.[9]
[9]
Editor's Note: See 53 P.S. § 10603(c)(2).
(d) 
Applications for curative amendment to a Zoning Ordinance pursuant to Sections 609.1 and 916.1(a)(2) of the Pennsylvania Municipalities Planning Code, Act 247, as amended.[10]
[10]
Editor's Note: See §§ 10609.1 and 10916.1(a)(2), respectively.
(e) 
All petitions for amendments to land use ordinances, pursuant to the procedures set forth in Section 609 of the Pennsylvania Municipalities Planning Code, Act 247, as amended.[11] Any action on such petitions shall be deemed legislative acts, provided that nothing contained in this clause shall be deemed to enlarge or diminish existing law with reference to appeals to court.
[11]
Editor's Note: See 53 P.S. § 10909.
(f) 
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 application for land development under Articles V and VII of the Pennsylvania Municipalities Planning Code, Act 247, 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 Zoning Hearing Board.
B. 
Interpretation. Upon appeal from a decision by the Zoning Officer, the Zoning Hearing Board shall decide any questions:
(1) 
Involving the interpretation of any provisions of this chapter, including determination of the exact location of any district boundary if there is uncertainty with respect thereto.
(2) 
Where it is alleged there is error in any order, requirements, decision or determination, including any order requiring an alleged violation of this chapter to be mitigated through a cease and desist or stop work order.
C. 
Variances:
(1) 
Applicability. Upon appeal from a decision by the Zoning Officer, the Zoning Hearing Board shall have the power to vary or adapt the strict application of any of the requirements of this chapter where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property at the time of the enactment of this chapter or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition on such piece of property, the strict application of any regulation enacted under this chapter would result in peculiar and exceptional and undue hardship upon the owner of such property, but in no other case.
(2) 
Conditions:
(a) 
In general, the power to authorize a variance from the terms of this chapter shall be sparingly exercised and only under peculiar and exceptional circumstances.
(b) 
The granting of a variance for use is considered to be in conflict with the purposes for enactment of this chapter, § 130-2.
(3) 
Requirements and standards. No variance in the strict application of the provisions of this chapter shall be granted by the Board unless the Board finds that the requirements and standards of this subsection are satisfied.
(a) 
The applicant must prove that the variance will not be contrary to the public interest and that practical difficulty and unnecessary hardship will result if it is not granted. In particular, the applicant shall establish and substantiate that the appeal for the variance is in conformance with the requirements and standards listed herein:
[1] 
That the granting of the variance shall be in harmony with the general purpose and intent of this chapter and shall not be injurious to the neighborhood or otherwise detrimental to the public welfare.
[2] 
There must be proof of unnecessary hardship. It is not sufficient proof of hardship to show that greater profit would result if the variance were granted. Furthermore, hardship complained of cannot be claimed by one who purchases with or without knowledge of restrictions, it must result from the application of this chapter, it must be suffered directly by the property in question, and evidence of relief granted under similar circumstances shall not be considered.
(b) 
The Board may prescribe any safeguard that it deems to be necessary to secure substantially the objectives of the regulation or provision to which the variance applies.
(c) 
The applicant shall demonstrate compliance with the specific provisions of the Pennsylvania Municipalities Planning Code, Article IX, § 910.2,[12] as follows:
[1] 
That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property and that the unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of the Zoning Ordinance 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 the Zoning Ordinance 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 appellant.
[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.
[12]
Editor's Note: See 53 P.S. § 10910.2.
D. 
Special exceptions:
(1) 
Applicability. The Zoning Hearing Board shall have the authority to approve special exceptions when this chapter specifically requires the obtaining of such approval and for no other use or purpose.
(2) 
Conditions and standards. In granting a special exception, the Zoning Hearing Board shall make findings of fact consistent with the provisions of this chapter. The Board shall not approve a special exception except in conformance with the conditions and standards outlined in this chapter.
(3) 
General requirements and standards applicable to all special exceptions: The Board shall grant a special exception only if it finds adequate evidence that any proposed development submitted will meet all of the following general requirements as well as any specific requirements and standards listed in this chapter for the proposed use.
(a) 
The Board shall, among other things, require that any proposed use and location be:
[1] 
In accordance with the Comprehensive Plan and § 130-2 of this chapter.
[2] 
In the best interests of the Borough, the convenience of the community and the public welfare and be a substantial improvement to the property in the immediate vicinity.
[3] 
Suitable for the property in question and designed, constructed, operated and maintained so as to be in harmony with and appropriate in appearance to the existing or intended character of the general neighborhood.
[4] 
In conformance with all applicable requirements of this chapter and all applicable Borough ordinances.
[5] 
Suitable in terms of impacts on highway traffic and safety with adequate access arrangement to protect streets from undue congestion and hazard.
[6] 
In accordance with sound standards or subdivision practice where applicable.
(b) 
The Zoning Hearing Board may impose whatever conditions regarding layout circulation and performance it deems necessary to ensure that any proposed development will secure substantially the objectives of this chapter.
(4) 
Review by the Planning Commission on application for special exception. The Zoning Hearing Board shall request an advisory opinion from the Planning Commission on any application for a special exception. The Planning Commission is to submit a report of such advisory opinion prior to the date of the public hearing held by the Board on an application.
E. 
Challenge to the validity of ordinance or map. The Board shall hear challenges to the validity of this chapter or the Zoning Map,[13] except as otherwise indicated in the Pennsylvania Municipalities Planning Code.[14] In all such challenges, the Board shall take evidence and make a record thereon as provided in § 130-106, Subsection C. At the conclusion of the hearing, the Board shall decide all contested questions and shall make findings on all relevant issues of fact, which shall become part of the record on appeal to the court.
[13]
Editor's Note: The Zoning Map is included at the end of this chapter.
[14]
Editor's Note: See 53 P.S. § 10101 et seq.
F. 
Unified appeals. Where the Board has jurisdiction over a zoning matter, the Board shall also hear all appeals which an applicant may elect to bring before it with respect to any Borough ordinance or requirement pertaining to the same development plan or development. In any such case, the Board shall have no power to pass upon the nonzoning issues but shall take evidence and make a record thereon as provided in § 130-106, Subsection C. At the conclusion of the hearing, the Board shall make findings on all relevant issues of fact, which shall become a part of the record on appeal to the court.
G. 
All variances and special exceptions approved by the Zoning Hearing Board will automatically lapse if not used for six consecutive months.
[Added 9-21-1999 by Ord. No. 476]
In exercising the above-mentioned powers, the Zoning Hearing Board may, in conformity with law and the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the 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 such decision shall forthwith be given to all parties in interest.
A. 
Any appeal from the ruling of the Zoning Officer concerning the enforcement and interpretation of the provisions of this chapter shall be filed with the Zoning Office within 30 days after the date of the Zoning Officer's adverse decision.
B. 
All appeals and applications made to the Board shall be in writing on standard forms prescribed by the Zoning Hearing Board and accompanied by fees prescribed by resolution of the Council.
C. 
All appeals and applications shall refer to the specific provisions of this chapter involved.
Appeals to the Zoning Hearing Board may be taken by any person or Borough official aggrieved or affected by any provisions of this chapter or by any decision, including any order to stop, cease and desist, issued by the Zoning Officer in enforcing the provisions of this chapter.
Upon the filing with the Zoning Hearing Board of an application for a special exception, variance or interpretation of this chapter, the Board shall fix a reasonable time and place for a public hearing thereon and give notice as defined in § 130-112, Subsection A, and give written notice to parties in interest, who shall be at least those persons whose properties adjoin or are across public roads from the property in question.
All hearings shall be conducted in accordance with the following procedures:
A. 
Public notice shall be given and written notice shall be given to the applicant, the Zoning Officer, Borough Council, such other persons as 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 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.
[Amended 10-20-2015 by Ord. No. 541]
(1) 
Borough Council may prescribe reasonable fees with respect to hearings before the Zoning Hearing Board. 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.
(2) 
The first hearing before the Board or hearing officer shall be commenced within 60 days from the date of receipt of the applicant's application, unless the applicant has agreed in writing to an extension of time. Each subsequent hearing before the board or hearing officer shall be held within 45 days of the prior hearing, unless otherwise agreed to by the applicant in writing or on the record. An applicant shall complete the presentation of his case-in-chief within 100 days of the first hearing. Upon the request of the applicant, the board or hearing officer shall assure that the applicant receives at least seven hours of hearings within the 100 days, including the first hearing. Persons opposed to the application shall complete the presentation of their opposition to the application within 100 days of the first hearing held after the completion of the applicant's case-in-chief. And applicant may, upon request, be granted additional hearings to complete his case-in-chief provided the persons opposed to the application are granted an equal number of additional hearings. Persons opposed to the application may, upon the written consent or consent on the record by the applicant and municipality, be granted additional hearings to complete their opposition to the application provided the applicant is granted an equal number of additional hearings for rebuttal.
B. 
The 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; 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 Board and accept the decision or findings of the hearing officer as final.
C. 
The parties to the hearing shall be the Borough, any person affected by the application who has made 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 enter appearances in writing on forms provided by the Board for that purpose.
D. 
The Chairman or Acting Chairman of the Board or the hearing officer presiding 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.
E. 
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.
F. 
Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded.
G. 
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 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.
H. 
The Board or the hearing officer shall not communicate, directly or indirectly, with any party or his representatives in connection with any issue 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 their 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.
I. 
The Board or the hearing officer, as the case may be, shall render a written decision or, when no decision is called for, make written findings on the application within 45 days after the last hearing before the Board or hearing officer. 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 any provisions of the Pennsylvania Municipalities Planning Code, Act 247, as amended, or of any ordinance, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in the 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 within 45 days and the parties shall be entitled to make written representations thereon to the Board prior to final decision or entry of findings, and the Board's decision shall be entered no later than 30 days after the report of the hearing officer. Except for challenges filed under Section 916.1 of the Pennsylvania Municipalities Planning Code, Act 247, as amended,[1] where the Board fails to render the decision within the period required by this subsection or fails to commence, conduct or complete the required hearing as provided in Subsection A(2), 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 Board to meet or render a decision as hereinabove 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 in Subsection A of this section. If the 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.
[1]
Editor's Note: See 53 P.S. § 10916.1.
J. 
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/her not later than the day following its date. To all other persons who have filed their name and address with the Board not later than the last day of the hearing, the 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.
Any persons aggrieved by any decision of the Zoning Hearing Board or any taxpayer of the Borough may appeal such decision. Such appeals shall be made in accordance with the Pennsylvania Municipalities Planning Code[1] and any other applicable law.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
The applicant for any hearing before the Zoning Hearing Board shall pay to the Zoning Officer a fee in accordance with a fee schedule adopted by resolution of the Council.[1]
[1]
Editor's Note: A copy of the Fee Schedule is on file in the office of the Borough Secretary and may be inspected during regular business hours.