If the variance or special exception 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 one year after the date when the variance or special exception is finally granted, or the issuance of a permit is finally approved, or the other action by the appellant is authorized, and the building or alteration, as the case may be, shall be completed as evidenced by issuance of a certificate of use and occupancy within two years of said date. For good cause, the Zoning Hearing Board may at any time, upon application in writing, extend either of these deadlines.

Should the appellant or applicant fail to obtain the necessary permits within said one-year period or, having obtained the permit, should s/he fail to commence work thereunder within such one-year period, it shall be conclusively presumed that the appellant or applicant has waived, withdrawn, or abandoned his/her appeal or his/her application, and all provisions, variances and permits granted to him/her shall be deemed automatically rescinded by the Zoning Hearing Board.

Should the appellant or applicant commence construction or alteration within said one-year period, but should s/he fail to complete such construction or alteration within said two-year period, the Zoning Hearing Board may, upon 10 days' notice, in writing, rescind or revoke the granted variance or special exception, or the issuance of the permit, or permits, or the other action authorized to the appellant or applicant, if the Zoning Hearing Board finds that no good cause appears for the failure to complete within such two-year period, and if the Zoning Hearing 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.

As an alternative to the preceding, an applicant can request, as part of the original application before the Zoning Hearing Board, the granting of a timetable associated with the request which would supersede the deadlines imposed in § 450-604A(1) through (3). In so doing, the applicant must demonstrate that the times requested are logically related to normal and expected progress of the project. In approving a timetable under this section, the Zoning Hearing Board must establish and bind a definite time frame for:

The Zoning Hearing Board shall have jurisdiction over and shall conduct hearings and render decisions on challenges to the substantive validity of the Zoning Ordinance in accordance with the requirements of Article IX of the MPC.

Challenges to the validity of the Zoning 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 this chapter.

Filing requirements. All applications for special exceptions shall be submitted to the Zoning Officer. All applications shall be made on the form supplied by the Township and shall contain all information requested on such form. All applications shall also contain the following information:

General criteria. Each applicant must demonstrate compliance with the following:

Conditions. The Zoning Hearing Board, in approving special exception applications, may attach conditions considered necessary to protect the public welfare and the purposes listed above, including conditions which are more restrictive than those established for other uses in the same zone. These conditions shall be enforceable by the Zoning Officer, and failure to comply with such conditions shall constitute a violation of this chapter and be subject to the penalties described in Article 7. The Board shall, among other things:

Site plan approval. Any plans, reports, or testimony presented in support of the special exception shall become an official part of the record for said special exception. Approval of any special exception will also bind the use in accordance with the submitted plan(s), reports and applicant testimony; therefore, should a change in this information occur subsequent to special exception approval, the applicant shall revise the plan(s), report(s) and all other information offered on behalf of the applicant, prior to application for a zoning or building permit. Substantial changes, as determined by the Zoning Officer, shall be required to obtain another special exception. Further, any subsequent change to the use on the subject property not reflected in the original special exception, shall require the obtainment of another special exception approval.

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 this chapter, in the neighborhood or zone in which the property is located.

That because of such physical circumstances or conditions, there is not possibility that the property can be developed in strict conformity with the provisions of this chapter and that the authorization of a variance is therefore necessary to enable reasonable use of the property.

That such unnecessary hardship has not been created by the applicant.

That the variance, if authorized, will not alter the essential character of the zone or neighborhood 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.

That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulations in issue.

That variances within the designated floodplain shall comply with the standards and criteria for special exceptions and variances in the Chapter 400, Floodplain Management.

Filing requirements. All applications for variances shall be submitted to the Zoning Officer. All applications shall be made on the form supplied by the Township and shall contain all information requested on such form. All applications shall also contain all of the information required for an application for a special exception.

Conditions. The Zoning Hearing Board, in approving variance applications, may attach conditions considered necessary to protect the public welfare and the purposes listed above, including conditions which are more restrictive than those established for other uses in the same zone. These conditions shall be enforceable by the Zoning Officer, and failure to comply with such conditions shall constitute a violation of this chapter and be subject to the penalties described in Article 7. The Board shall, among other things:

Site plan approval. Any plans, reports, and testimony presented in support of the variance shall become an official part of the record for said variance. Approval of any variance will also bind the use in accordance with the submitted plan(s), reports and applicant testimony; therefore, should a change in this information occur subsequent to variance approval, the applicant shall revise the plan(s), report(s) and all other information offered on behalf of the applicant, prior to application for a zoning or building permit. Substantial changes, as determined by the Zoning Officer, shall be required to obtain another variance. Further, any subsequent change to the use on the subject property not reflected in the original variance, shall require the obtainment of another variance approval.

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.

Appeals from a determination by the Township Engineer or the Zoning Officer with reference to the administration of any provisions contained within the Floodplain Overlay District.