The Zoning Board of Adjustment is hereby redesignated by the
Borough Council as the Zoning Hearing Board to carry out the functions
described in this section under the procedures established for the
operation of such a Zoning Hearing Board, hereafter called the "Board."
[Amended 6-14-1991 by Ord. No. 4-1994]
A. Membership.
(1) The membership of the Board shall consist of five persons, all residents
of Verona Borough, who shall be appointed by the Borough Council and
may succeed themselves.
(2) Members of the Board shall hold no other office in Verona Borough,
except that one member of the Board may be a member of the Planning
Commission.
B. Term of office.
(1) Members of the Board shall be appointed for five-year staggered terms,
with one appointment each year to refill a completed term.
(2) Appointments to fill vacancies shall be made by the Borough Council
for the unexpired portion of a term only.
C. Removal of members.
(1) Any Board 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 Board member has received at least 15 days'
notice such vote will be taken.
(2) The Board member thus accused may request, by written communication
to the Borough Secretary no later than seven days prior to the meeting
of the Borough Council at which the vote for removal is to be taken,
a hearing before the Council, after which the Council, at its discretion,
may take a vote for removal of the Board member.
D. Organization of the Board.
(1) The Board shall elect officers from among its membership, to include
a Chairman, Vice Chairman and Secretary.
(2) The Board shall establish a regular monthly meeting date to conduct
business.
(3) The Board shall reorganize at its first meeting in each calendar
year.
(4) Board members may succeed themselves in their positions.
(5) The Chairman shall call and chair all meetings of the Board.
(6) The Vice Chairman shall act in the absence of the Chairman.
(7) The Secretary shall assume the responsibility of transcribing and
distributing all testimony given at hearings under procedures described
below, shall draw up the agenda for each meeting, shall be responsible
for placing of notices for public hearings, and shall handle all correspondence.
(8) A quorum shall be not less than a majority of all members of the
Board.
(9) The Board may appoint one of its members as a hearing officer to
conduct a hearing on behalf of the Board, and parties to such a hearing
may waive further action by the Board if satisfied with the Hearing
Officer's ruling.
(10)
The Board may make, alter or rescind rules and forms for its
procedures consistent with this and other ordinances of Verona Borough
and the laws of the commonwealth.
(11)
The Board shall keep full public records of its business and
shall submit an annual report of its activities to the Borough Council
not later than 60 days after the start of the subsequent year.
E. Expenditures for services.
(1) Board members may receive compensation for their services, at the
discretion of the Borough Council, provided such compensation does
not exceed in any year that paid to members of Council.
(2) Within the limits of its annual budget, the Board may employ secretarial,
legal, technical or other consulting services to assist it in carrying
out its duties.
The Board shall conduct hearings and make decisions in accordance
with the following:
A. Notice of any hearing shall be in the manner prescribed by the Municipalities Planning Code and any amendments thereto. Fees for the filing of applications and for other costs relating to the conduct of hearings are indicated in Article
XXI of this chapter. In addition to the notice provided herein, notice of said hearing shall be conspicuously posted on the affected tract of land.
[Amended 10-19-1976 by Ord. No. 1048; 9-8-2015 by Ord. No. 04-2015]
B. The parties to a hearing shall be any person entitled to notice under Subsection
A above or any person affected by the application who has filed a letter of intent to be represented before the Board at least 10 days prior to the hearing for which application is made.
C. The Chairman of the Board or the Hearing Officer shall conduct the
hearing and shall have the power to administer oaths and issue subpoenas
to compel attendance of witnesses and/or the production of relevant
documents and papers, including witnesses and documents requested
by counsel, and shall be afforded the opportunity to respond, present
evidence and cross-examine adverse witnesses on all relevant issues.
Formal rules of evidence shall not apply, and irrelevant or redundant
evidence shall be excluded.
D. The Board, or the Hearing Officer (if he is conducting the hearing),
shall keep a stenographic record of the proceedings, and a transcript
of the proceedings and copies of graphic or written material received
in evidence shall be made available to any party at cost. The Board,
or the Hearing Officer, shall not communicate, directly or indirectly,
with any party and/or representatives of any party in connection with
any issue relevant to the hearing, except upon notice and opportunity
for all parties to participate; shall not take notice of any communications,
reports or other materials unless all parties are afforded an opportunity
to contest the material so noticed; and shall not inspect any site
or its surroundings with any party and/or representative of any party
unless all parties are given an opportunity to be present.
E. The Board, or Hearing Officer, shall render a written decision or,
when no decision is required, a written finding on the application
within 45 days after the conclusion of the hearing before the Board
or Hearing Officer. Decisions shall be based on findings of fact and
conclusions based on any provisions of this chapter or any other ordinance
or regulation of the municipality shall contain a reference to the
provision relied on and the reasons why the conclusion is deemed appropriate
in the light of the facts.
F. When a hearing is conducted by a Hearing Officer and parties agree
that his decision is subject to review by the Board, the Board shall
make his findings and recommendations available to the parties, which
shall be entitled to make written representations thereon prior to
final decision or entry of findings by the Board.
G. When the Board or Hearing Officer fails to render a decision in applications
where it or he has the power to do so within 45 days after hearing
the application, the decision shall be deemed to have been rendered
in favor of the applicant.
H. A copy of the final decision, or the findings if no decision is required,
shall be mailed to the applicant not later than the day after the
date of the decision. All others requesting notice of the decision
not later than the last day of the hearing shall receive by mail a
summary of the findings or decision and a statement of the place at
which the full decision or findings may be examined.