The members of the Zoning Hearing Board shall be removable for cause by the Borough Council upon written charges and after a public hearing.

Zoning Hearing Board members may hold no other office in the Borough.

The word "Board" when used in this Part shall mean the Zoning Hearing Board.

If, by reason of absence or disqualification of a member, a quorum is not reached, the chairman of the Board shall designate, as many alternate members of the board to sit on the Board as may be needed to provide a quorum. An alternate so designated 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 the proceedings, and shall have all the powers and duties set forth in this Part and as otherwise provided by law.

Any alternate member of the Board shall continue to serve on the Board in all proceedings involving the matter or case for which the alternate was initially appointed until the Board has made a final determination of the matter or case.

Alternate members may hold no other office in the Borough.

The Board shall annually elect officers from its membership.

For the conduct of any hearing and the taking of any action, a quorum shall be no less than two voting members, but the Board may appoint from its own membership a hearing officer to conduct any hearing on its behalf and the parties may waive further action by the Board.

The Board may make, alter and rescind rules and forms for its procedure, consistent with ordinances of the Borough and the laws of the Commonwealth.

The Board shall keep public records of its business, which records shall be the property of the Borough, and shall submit reports of its activities to the Borough as requested by the Borough Council.

The name and address of the applicant, and of the applicant's representative(s) or agent(s) where applicable.

The name and address of the record owner of the property that is the subject of the application or appeal. Where the applicant is not the record owner of the subject property, a signed and notarized statement from the record owner, authorizing the applicant to pursue the specific appeal or application.

A copy of the deed to the subject property.

A brief description and location of the subject property, along with a survey and/or sketch of the property boundaries.

A statement of the present zoning classification of the subject property with the improvements thereon, and the present use thereof.

A statement of the section of this Chapter under which consideration by the Board is requested, along with a summary of reasons or arguments in support of request.

A reasonably accurate description of the improvements or changes intended to be made under the application. In addition there shall be attached a plot plan of the property to be affected, indicating the location and size of the lot, and the size and location of the existing and proposed improvements or changes.[1]

A payment to the Borough in accordance with a fee schedule adopted and amended from time to time by the Borough Council, in accordance with the requirements of Section 908(1.1) of the Municipalities Planning Code, as amended.

Immediately upon receipt of an application, the Zoning Officer shall promptly forward the application to the Zoning Hearing Board Solicitor.

The Zoning Hearing Board Solicitor, in consultation with the chairman, shall fix a reasonable time and place for a public hearing on the application. Said hearing shall occur no more than 60 days after the application is made to the Borough, unless the applicant has agreed in writing to an extension of time.

A true and correct copy of the application and all related information shall be forwarded to each member of the Zoning Hearing Board, and to the chairman of the Planning Commission and the Borough Council member for the district in which the property is located, the Borough Manager and Borough Solicitor.

Upon receipt of a Zoning Hearing Board application, the Planning Commission at its next regularly scheduled meeting may consider the application and may, at its sole discretion, resolve to comment thereon.

Written notice shall be given to:

Written notice shall be conspicuously posted on the affected tract of land at least one week prior to the hearing.

Zoning Hearing Board hearings shall be held at the call of the chairman and at such times as the Board may determine.

Hearings may be conducted by the Board, which may appoint any member as a hearing officer. The decision or findings shall be made by the Board; however the applicant may, prior to a decision, waive a decision or findings by the Board and accept the decision or findings of the hearing officer as final.

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 the power to require that all persons who wish to be considered parties enter appearances in writing on forms provided for that purpose.

The chairman or acting chairman or hearing officer may administer oaths and issue subpoenas to compel the attendance of witnesses and production of relevant documents and papers, including witnesses and documents requested by the parties.

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.

Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded.

The Board or the hearing officer shall keep a stenographic record of the proceedings. The appearance fee for a stenographer shall be paid by the applicant. 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.

The Board or hearing officer shall not, except upon notice and opportunity for all parties to be present, participate, and inspect and contest materials:

Parties to zoning proceedings may elect the mediation option as described in Section 908.1 in the Municipalities Planning Code.

The Zoning Hearing Board or hearing officer shall render a written decision or, when no decision is called for, make written findings on the application within 45 days of the last hearing. When the application is contested or denied, the decision shall be accompanied by findings of fact and conclusions based upon findings. Conclusions based on any provision of a Borough ordinance shall contain a reference to the provision.

If the hearing is conducted by a hearing officer, and there has been no stipulation that their decision or findings are final, the Board shall make their report and recommendations available to the parties within 45 days and the parties shall be entitled to make written representations to the Board prior to final decision or entry of findings. The Board's decision shall be entered no later than 30 days after the report of the hearing officer.

The Zoning Hearing Board shall not render a decision on any request for a special exception or on a variance that is required for a subdivision or land development plan until they have received a written recommendation from the Borough Planning Commission. However, if the recommendation is not received within two weeks after the first Planning Commission meeting after the Borough has received the request, the Board shall be permitted to make a decision.

Where the Board fails to render the decision within the required period, or fails to hold the required hearing within 60 days of application, 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 deemed to have been rendered in favor of the applicant because of the failure of the Board to hold a hearing or render a decision as provided, the Board shall give public notice of said deemed decision within 10 days from the last day it could have met to render a decision. 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.

A copy of the final decision or findings shall be delivered to the applicant personally or mailed to them 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.

Consider the suitability of the property for the use desired. Assure that the proposed change is consistent with the spirit, purpose, and intent of this Chapter.

Determine that the proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood and that the use of the adjacent property is adequately safeguarded.

Determine that the proposed change will serve the best interests of the Borough, the convenience of the community (where applicable), and the public welfare.

Consider the effect of the proposed change upon the logical, efficient, and economical extension of public services and facilities such as public water, sewers, police and fire protection, and public schools.

Consider the suitability of the proposed location of use with respect to probable effects upon highway traffic, and assure adequate access arrangements in order to protect major roads from undue congestion and hazard.

Consider the recommendations of the Borough Planning Commission when making a decision regarding a subdivision or land development plan.

Be guided in its study, review, and recommendation by sound standards of subdivision practice where applicable.

The Zoning Hearing Board shall be limited to consideration of applications as they relate to ordinance provisions in effect at the time of the application. The Borough Council shall retain the exclusive right to enact and amend ordinances.

Variance. The Board shall hear requests for variances where it is alleged that the provisions of this Chapter inflict unnecessary hardship upon the applicant. The Board may grant a variance provided that all of the following findings are made where relevant in a given case:

Special Exception. The Zoning Hearing Board shall hear and decide requests for special exceptions in accordance with the standards and criteria found in the particular section of this Chapter that permits application for said special exception. In granting any special exception, the Board may attach such reasonable conditions and safeguards, as it may deem necessary to implement the purposes of this Chapter.

Discontinuance of Variance or Special Exception. A variance or special exception, when discontinued, may be resumed any time within one year from such discontinuance, but not thereafter unless a variance is granted by the Zoning Hearing Board in accordance with Part 6 of this Chapter.

Time Limitations on Appeals.

Effect of Filing. When an appeal is filed, further development or official action pursuant to the appealed determination or approval shall be stayed until issuance of a final decision or findings by the Board. If the Zoning Officer or other municipal agency presents facts to the Board indicating that such a stay would cause imminent peril to life or property, development or official; action can only be stayed by restraining order granted by the Board or by a court of competent jurisdiction.

Substantive Validity Challenge. A landowner who desires to challenge, on substantive grounds, the validity of a map or ordinance provision which prohibits or restricts the use or development of land in which he has an interest, may submit the challenge either to the Zoning Hearing Board or, with a request for curative amendment, to the Borough Council.