Upon the filing with the Zoning Hearing Board of an appeal or an application for special exception in cases where the terms of this Zoning Ordinance require a public hearing or an application for a variance from the terms of this Zoning Ordinance, the Board shall fix a reasonable time and place for a public hearing and shall give public notice thereof, as well as due notice to the parties in interest, who shall be at least those persons whose properties adjoin the property in question. Any party may appear at a public hearing in person or by attorney.
(a) Public Notice. Public notice of such a hearing, the place, the date, the time and the particular nature of the questions involved shall be given at least fourteen days prior to the date of such a hearing by all of the following methods:
(1) Such notice shall be given, one each week, for two successive weeks in the official newspaper, not more than thirty days and not less than fourteen days in advance of any hearing.
(2) Not less than one poster shall be displayed on each street fronting the affected site.
(3) Due notice shall be given to the parties in interest, who shall be at least those persons whose properties adjoin the property in question.
(Ord. 2717. Passed 2-10-86.)
(Ord. 2717. Passed 2-10-86.)
(b) Decision. The Zoning Hearing Board shall reach a decision on an appeal or an application for special exception within forty-five days after the hearing date, or if such hearing is continued, within forty-five days after the continued hearing date, it shall be deemed that such Zoning Hearing Board has decided in favor of the person or Borough Official aggrieved or affected who is seeking relief, unless the applicant has agreed in writing to an extension of time.
(1) Where the Board fails to render the decision within the forty-five day period or fails to hold the required hearing within sixty days of the applicant's request for a hearing, 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.
(2) When a decision has been rendered in favor of the applicant because of failure of the Board to meet or render a decision, the Board shall give public notice of the decision within ten 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 the Court of Common Pleas.
(c) Mediation Option.
(1) Parties may utilize mediation as an aid in completing such proceedings. In proceedings before the Zoning Hearing Board, in no case shall the Zoning Hearing Board initiate mediation or participate as a mediating party. Mediation shall supplement, not replace, those formally initiated. Nothing in this subsection shall be interpreted as expanding or limiting municipal police powers or as modifying any principles of substantive law.
(2) Participation in mediation shall be wholly voluntary. The appropriateness of mediation shall be determined by the particulars of each case and the willingness of the parties to negotiate. The Borough, in cases utilizing the mediation option, shall assure that in each case, the mediating parties, assisted by the mediator as appropriate, develop terms and conditions for:
A. Funding mediation.
B. Selecting a mediator who, at a minimum, shall have a working knowledge of municipal zoning and subdivision procedures and demonstrated skills in mediation.
C. Completing mediation, including time limits for such completion.
D. Suspending time limits otherwise authorized in this Zoning Ordinance or in the Pennsylvania Municipalities Planning Code (Act 247, as amended), provided there is written consent by the mediating parties, and by an applicant or Borough decision-making body, if either is not a party to the mediation.
E. Identifying all parties and affording them the opportunity to participate.
F. Subject to legal restraints, determining whether some or all of the mediation sessions shall be open or closed to the public.
G. Assuring that mediated solutions are in writing and signed by the parties, and become subject to review and approval by the appropriate decision-making body pursuant to the authorized procedures set forth in this Zoning Ordinance.
(3) No offers or statements made in the mediation sessions, excluding the final written mediated agreement, shall be admissable as evidence in any subsequent judicial or administrative proceedings.
(d) Fees and Expenditures.
(1) Members of the Board may receive compensation for the performance of their duties as may be fixed by Borough Council, but in no case shall it exceed the rate of compensation authorized to be paid to the members of Council. Within the limits of funds appropriated by Borough Council, the Board may employ or contract for secretaries, clerks, legal counsel, consultants and other technical and clerical services.
(2) Borough Council may prescribe reasonable fees with respect to hearings before the Zoning Hearing Board. Fees for such 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.
(Ord. 2843. Passed 11-20-89.)