The Board shall elect officers from its own membership. Officers shall serve annual terms and may succeed themselves.

For the conduct of any hearing and taking of any action, a quorum shall be not less than a majority of all regular members of the 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. 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. Designation of an alternate pursuant to this section shall be made on a case-by-case basis.

The Board may make, alter and rescind rules and forms, for its procedure, consistent with all applicable Borough ordinances and chapters of the Code and laws of the commonwealth and as provided by the Municipalities Planning Code.[1]

The fees for all proceedings, hearings and actions by the Board shall be paid by the applicant.

The Board may appoint a hearing officer from its own membership to conduct any hearing on its own behalf, and the parties may waive further action by the Board as provided in § 675-30G.

The Board shall keep full public records of its business and shall submit a report of its activities to the Council at least once a year.

Appeals from the Zoning Officer.

Challenges to the validity of the chapter or map.

Other appeals.

Variances.

Special exceptions.

Conduct of hearings. The Board shall conduct hearings and make decisions in accordance with the provisions of § 675-30 hereof and Article II of Act 170 of 1988, as subsequently amended.[2]

Reporting requirements. The Board shall keep full public records of its business, which are the property of the Borough, and shall submit an annual report of its activities to the Borough Council. Such record shall be maintained at the Municipal Building or such other location as designated by Borough Council.

Court appeals.

The name and address of the applicant or appellant.

The name and address of the owner of the property to be affected by such proposed change or appeal.

A brief description and location of the property to be affected by such proposed change or appeal.

A statement of the present zoning classification of the property in question, the improvements thereon and the present use thereof.

A reasonably accurate description of the additions or changes intended to be made under this application indicating the size, material and general construction of such proposed improvements. A plot plan of the property to be affected, indicating the location and size of the lot and the size of existing and intended improvements, shall be attached to the description. Plot plans shall be clear, legible and accurately drawn to scale.

Such fees as are established from time to time by Council.

No person shall be allowed to file any proceeding with the Board later than 30 days after any application for development, preliminary or final, has been approved by the Borough Council if such proceeding is designed to secure reversal or to limit the approval in any manner unless such person alleges and proves that he had no notice, knowledge or reason to believe that such approval has been given.

No personal shall be allowed to file an appeal from an enforcement notice issued by the Zoning Officer later than 15 days after receipt of such notice.

If such person has succeeded to his interest after such approval, he shall be bound by the knowledge of his predecessor in interest.

The failure of anyone other than the landowner to appeal from an adverse decision on a preliminary plan or from an adverse decision by the Zoning Officer on a challenge to the validity of this chapter or Zoning Map pursuant to Section 909.1(a) of Act 170 of 1988 (regarding validity of chapters)[1] shall preclude an appeal from a final approval except in the case where the final submission substantially deviates from the approved tentative or preliminary approval.

All appeals from determinations adverse to the landowner shall be filed by the landowner within 30 days after notice of the determination is issued.

Notice of hearings. Notice of all hearings of the Board shall be given as follows:

Fees and costs. Council may, by resolution, establish a reasonable fee schedule, based on cost, to be paid by the applicant for any notice required by this chapter and by persons requesting any notice not required by this chapter.

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 or her 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. An applicant may, upon request, be granted additional hearings to complete his or her case-in-chief, provided the person 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.

Parties.

Oaths and subpoenas. The Chairman or acting Chairman of the Board 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.

Representation by counsel. 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.

Conduct of hearings. Hearings shall be conducted by the Board or the Board may appoint any member as a hearing officer. The decision, or where no decision is called for, the findings, shall be made by the Board. The parties may, however, waive the decision or findings by the Board and accept the decision or findings of the hearing officer as final.

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

Record.

Ex parte communications.

Conflicts of interest. No member of the Board shall vote upon or participate in deliberations concerning any application for which the member has a conflict of interest or for which such note or participation would give the appearance of a conflict of interest.

Upon filing of any proceeding referred to in § 675-28 of this chapter and during its pendency before the Board, all land development pursuant to any challenged chapter, order or approval of the Zoning Officer or of any agency or body, and all official action thereunder shall be stayed.

Action by appropriate Borough officials shall not be stayed if the Zoning Officer or any other appropriate agency or body certifies as to the Board facts indicating that such stay would cause imminent peril to life or property.

Notwithstanding Subsection B, a restraining order may be granted by a court having jurisdiction of zoning appeals on petition after notice to the Zoning Officer or other appropriate agency or body.

The Board shall render a written decision or make written findings (when no decision is called for) on the application, within 45 days after the last hearing before the Board.

Where the application is contested or denied, the decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons therefor.

Any conclusion based on any provision of Act 170 of 1988, as amended,[1] or of this chapter, or of any other chapter, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in fight 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 and the parties shall be entitled to make written recommendations thereon 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 decision of the hearing officer.

Except for challenges filed under Section 916.1 of the Pennsylvania Municipalities Planning Code,[2] where the Board fails to render the decision within the period required by this section, or fails to commence, conduct or complete the required hearing, within the periods required by this section, the decision shall be deemed to have been rendered in favor of the application unless the applicant has agreed in writing or on the record to an extension of time.

A copy of the final decision or a copy of the findings (when no decision is called for), shall be delivered to the applicant personally or mailed to him at his last known address of record or served upon his legal representative of record or as otherwise directed in writing by the applicant or landowner not later than the day following its date.

The Board shall provide (by mail or otherwise) a brief notice of the decision or findings and a statement of the place where the full decision or findings may be examined to all other persons who have filed their names and addresses with the Board not later than the last day of the hearing.

When a decision has been rendered in favor of the applicant because of the failure of the Board to meet or render a timely decision, as required by §§ 675-30C or 675-31E hereof, 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 § 675-30A. If the Board shall fail to provide such notice, the applicant may do so.

If a variance is granted or the issuance of a permit is approved, or other action by the appellant is authorized, the necessary permit shall be secured and the authorized action begun within three months after the date when the variance is finally granted or the issuance of a permit is finally approved or other action by the appellant is authorized; and the building or alteration, as the case may be, shall be completed within 12 months of said date. For good cause, the Board may, upon application in writing stating the reasons therefor, extend the three-month commencement period.

Should the appellant or applicant fail to obtain necessary permits within a six-month period from the date of approval, or having obtained the permit should he fail to commence work thereunder within such six-month period, it shall be conclusively presumed that the appellant or applicant has waived, withdrawn or abandoned his appeal or his application, and all provisions, variances and permits granted to him shall be deemed rescinded by the Board without further action.

Should the appellant or applicant commence construction or alteration within said six-month period, but should he fail to complete such construction or alteration within said twelve-month period, the Board may, upon 10 days' notice in writing, rescind or revoke the granted variance, or the issuance of the permit or permits, or the other action authorized to the appellant or applicant, if, and only if, the Board finds that a good cause appears for the failure to complete within such twelve-month period, and if the Board further finds that conditions have so altered or changed in the interval since the granting of the variance, permit or action, that revocation or rescission of the action is justified.

Parties to proceedings authorized in this chapter may utilize mediation as an aid in completing such proceedings. The Board shall neither initiate mediation nor participate as a mediating party in any proceeding pending before the Board. Mediation shall supplement, not replace, those procedures in this chapter once said procedures have been formally initiated. Nothing in this section shall be interpreted as expanding or limiting Borough police powers or as modifying any principles of substantive law.

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 Board shall not initiate mediation proceedings until the Borough shall have assured that, in such case, the mediating parties, assisted by the mediator, as appropriate, have developed terms and conditions for:

No offers or statements made in the mediation sessions, excluding the final written mediated agreement, shall be admissible as evidence in any subsequent judicial or administrative proceedings.

All appeals for securing review of this chapter or any decision, determination or order of this Board or of Council, or of any of the Boroughs agencies or officers issued pursuant to this chapter, shall be in conformance with Article X-A of the Municipalities Planning Code (Act 170 of 1988), as amended.[1]

Questions of an alleged defect in the process of enactment or adoption of this chapter or the Zoning Map(s) associated herewith shall be raised by an appeal taken directly from the action of Borough Council to the Northampton County Court of Common Pleas filed no later than 30 days from the effective date of such chapter or map.