There shall be a Zoning Hearing Board (ZHB) consisting of three residents of the Township who shall be appointed by the Board of Supervisors. The Board of Supervisors shall appoint one such member to serve until the first day of January following the effective date of this chapter, one until the first day of the second January thereafter, and one until the first day of the third January thereafter. The Board of Supervisors shall appoint their successors upon the expiration of their respective terms to serve for three years, and shall fill any vacancy for the unexpired portion of such vacant term. The Board of Supervisors may reappoint members at the expiration of their terms. Members of the ZHB shall hold no other office in the Township.

The Board of Supervisors may appoint by resolution at least one but no more than three residents of the Township to serve as alternate members of the ZHB. The term of office of an alternate member shall be three years. When seated pursuant to the provisions of § 135-207B, an alternate shall be entitled to participate in all proceedings and discussions of the ZHB to the same and full extent as provided by law for ZHB 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 article and as otherwise provided by law. Alternates shall hold no other office in the Township, including Zoning Officer or membership on the Planning Commission. Any alternate may participate in any proceeding or discussion of the Board but shall not be entitled to vote as a member of the ZHB nor be compensated pursuant to the Municipalities Planning Code (MPC) unless designated as a voting alternate member pursuant to this section.

Any member of the ZHB may be removed for malfeasance, misfeasance or nonfeasance in office, or for other just cause, by a majority vote of the Board of Supervisors, taken after the ZHB member has received 15 days' advance written notice of the intent to take such a vote, and a hearing shall be held in connection with such vote if the member shall so request in writing.

The ZHB shall elect from its own membership its officers, who shall serve annual terms and may succeed themselves. For the conduct of any hearing and the taking of any action, a quorum shall be required consisting of not less than a majority of all the members of the ZHB.

If, by reason of absence or disqualification of a member, a quorum is not reached, the Chairperson of the ZHB shall designate as many alternate members of the ZHB to sit on the ZHB as may be needed to provide a quorum. Any alternate member of the ZHB shall continue to serve on the ZHB in all proceedings involving the matter or case for which the alternate was initially appointed until the ZHB 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 in rotation according to declining seniority among all alternates.

The ZHB may make, alter and rescind rules and forms for its procedure, consistent with this chapter and the laws of the Commonwealth of Pennsylvania. The ZHB shall keep full public records of its business and shall submit a report of its activities to the Board of Supervisors. The records of the ZHB shall be the property of the Township.

Within the limits of funds appropriated by the Board of Supervisors, the ZHB may employ or contract for secretaries, clerks, attorneys, consultants and other technical and clerical services. However, the Solicitor for the ZHB shall be a different individual than the Solicitor for the Board of Supervisors. Members of the ZHB may receive compensation for the performance of their duties, as may be fixed by the Board of Supervisors, but in no case shall it exceed the rate of compensation authorized to be paid to the members of the Board of Supervisors.

All hearings and decisions shall be public.

Notice of hearings shall be given by the Township in the following manner:

Hearings shall be conducted by the ZHB (or hearing officer), and the Chairperson or, in his/her absence, the Acting Chairperson, shall administer oaths and may issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by the parties.

The parties to the hearing shall be the Township, any Person affected by the application who has made a timely appearance of record before the ZHB, and any other Person, including civic or community organizations, permitted to appear by the ZHB. All Persons who wish to be considered parties shall enter appearances in writing.

The parties shall have the right to be represented by legal counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses.

The ZHB (or hearing officer) shall keep a stenographic record of the proceedings; the appearance fee of a stenographer shall be shared equally by the Applicant and the ZHB, and a transcript of the proceedings and a copy of graphic or written material received in evidence shall be made available to any party at cost.

The ZHB or the hearing officer shall not communicate, directly or indirectly, with any party or his/her representative(s) in connection with any issue involved except upon notice and opportunity for all parties to participate; shall not take notice of any communication, reports, staff memoranda, or other materials, except advice from their solicitor, unless the parties are afforded an opportunity to contest the material so noticed and shall not inspect the site or its surroundings after the commencement of hearings with any party or that party's representative counsel unless all parties are given an opportunity to be present.

The ZHB (or hearing officer) shall render a written decision or, when no decision is called for, make written findings on the application within 45 days after the last hearing before the ZHB unless waived by the Applicant according to the law. Each decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons therefor. Conclusions based on any provisions of the MPC or on any Township ordinance, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in light of the facts found. Where the ZHB (or hearing officer) fails to render a decision within the period required, the decision shall be deemed to have been rendered in favor of the Applicant, unless the Applicant has agreed in writing to an extension of time.

A copy of the final decision or, where no decision is called for, of the findings shall be personally delivered or mailed to the Applicant in accordance with the law, and to all other Persons who have filed their name and address with the ZHB not later than the last day of the Hearing. The ZHB shall provide, by mail or otherwise, a summary of the Decision or findings, and a statement of the place where the full Decision or finding may be examined.

Challenges to the validity of this chapter or the Zoning Map. The ZHB shall hear challenges to the validity of this chapter or the Zoning Map in accordance with Article IX of the MPC.

Variances.

Special exceptions.

Substantive challenges to the validity of this chapter, except those brought before the ZHB pursuant to Sections 609.1 and 916.1(a)(2) of the MPC.[1]

Challenges to the validity of this chapter raising procedural questions or alleged defects in the process of enactment or adoption shall be raised by an appeal taken within 30 days after the effective date of the chapter.

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 floodplain administrator, Township Engineer or Zoning Officer with reference to the administration of the Floodplain Conservation Overlay District provisions of this chapter.

Appeals from the Zoning Officer's determination under Section 916.2 of the MPC.[2]

Appeals from the determination of the Zoning Officer or Township Engineer in the administration of this chapter or provision thereof with reference to sedimentation and soil erosion control and stormwater management insofar as the same relate to Development.

Applications for Variances from the terms of the Floodplain Conservation Overlay District of this chapter.

Applications for Special Exceptions under the Floodplain Conservation Overlay District of this chapter.

Unless otherwise specified by the ZHB, within 12 months after the ZHB authorizes a Special Exception or Variance, the Special Exception or Variance shall expire unless the Applicant either:

When a Special Exception or Variance has been granted, the Owner shall reapply for any additional relief when changes are requested beyond the original authorization.

If a Special Exception is granted that has the effect of permitting a new or different Principal Permitted Use of the property, the prior use of the property shall no longer be considered a Principal Permitted Use and shall be abandoned and not become an Accessory Use to the principal use permitted by the Special Exception.

All applications and appeals to the ZHB shall be in writing, on forms prescribed by the ZHB.

Every application or appeal shall refer to the pertinent provisions of this chapter and shall exactly set forth the interpretation that is claimed, the grounds for any challenges to the validity of this chapter, the use for which a Special Exception is sought, or the details of the Variance that is applied for and the grounds on which it is claimed that the Variance should be granted, as the case may be.

Applications and appeals, together with the required filing fee as established by the Township, shall be submitted to the Township.

No action by the ZHB shall begin until a complete application form is filed along with the required fee.

All Notices, Hearings and orders shall be made or shall occur in conformance with the provisions of this chapter and the MPC.[1]